APOSTOLIC OBEDIENCE. Showing the Duty of Subjects to pay Tribute and Taxes to their Princes, according to the Word of God, in the Law and the Gospel, and the Rules of Religion, and Cases of Conscience; Determined by the Ancient Fathers, and the best Modern Divines; yea even by those neoterics who in some other things, put too strict Limits to Regality. A Sermon preached at Northampton, at the Assizes, for the County, Feb. 22. 1626. BY ROBERT SYBTHORPE, Doctor in Divinity, Vicar of Brackley. Tributa verò et Census, ijs qui à vobis constituti sunt, ubique inprimis conamur pendere. Iust. Mart. Apol. pro Christian. ad Anton. Pium. LONDON, Printed by Miles Flesher for R. M. and are to be sold by james Bowler. 1627. I Have read over this Sermon upon Rom. 13.7. preached at Northampton at the assizes for the County Feb. 22. 1626. by Robert Sybthorpe Doctor of Divinity, Vicar of Brackley, and I do approve it as a Sermon learnedly and discreetly preached, and agreeable to the ancient Doctrine of the Primative Church, both for Faith and good manners, and to the Doctrine established in the Church of England, and therefore under mine hand give authority for the printing of it, May 8. 1627. GEO: LONDON. TO THE MOST HIGH AND MIGHTY PRINCE CHARLES, by the Grace of God King of Great Britain, France, and Ireland, Defender of the Faith, etc. Most gracious and dread Sovereign; THE smallest Brooks have their original from the Ocean, and return thither to pay their Tribute; So these my poor Meditations, which were first conceived upon a Instructions directed from the Kings most excellent Majesty unto all the Bishops of this Kingdom, and fit to be put in execution, agreeable to the necessity of the times. your Majesty's Instructions, and afterward brought forth upon b At Northampton januar. 12. when, by the right Honourable the Lord Precedent of the Counsel, and the Earl of Exeter, etc. I, with other Divines, was put upon it, to deliver my opinion in case of Conscience, and Religion, Whether it were lawful to lend to the King or not? your Commission, and lately learned to speak in a c At the Assizes at Northampton. Solemn judicious Assembly, being now adventurous to walk abroad, presume to present themselves to your Gracious goodness, in their duty of Allegiance and gratitude, Humbly beseeching your Highness' protection, that they may pass securely in your Kingdom, where they may tell your Subjects of that Duty, which being understood to be grounded upon Conscience and Religion, they will (no doubt,) rejoice that they have been so willing and ready to perform it; with Prayers for which, and for your Majesty's long and prosperous Reign over us, I rest Your Majesty's Loyal, Obedient, Humble Subject Rob: Sybthorpe. TO HIS DEAR AND NOVRCEING MOTHER, THE Church and Commonweal of England. An humble Son, and devoted Servant, prayeth Peace and Prosperity. Holy and happy Mother: I Know his Majesty's Love desireth to have you united and near unto him, and so much he hath a In his Majesty's instructions to all Bishops, etc. enjoined us of the Tribe of Levi, to certify unto you. Wherefore I thought it not my part to separate you, especially in a business which so nearly b Being the protection of Religion, and safety of the State. concerneth you as well as him; But earnestly to entreat you to take Consideration of the innocence and obedience wherewith our Religion hath hitherto been crowned, (which I here point at briefly, and could demonstrate at large,) and the Peace and Prosperity which it hath produced. And whereas the c As appears by his Majesty's Commission for the Loane. Prince pleads not the Power of Prerogative, nor the leading of Precedents, so much as Piety for Religion's protection, the State's occasion, and the inevitable Necessity of the season. Oh! let not the People stand so much upon pretence of Liberty, as to lose Safety. Nor let Forms bring the Matter to Privation, but let all meet in a sweet Mean for the Preservation of the Universe; for which perpetually praying, I continue At your service and dispose, ROB. SYBTHORPE. APOSTOLIC OBEDIENCE. ROM. 13.7. Render therefore to all their Deuce. TRue was that saying of Solon which affirmed that Commonweals consist of Reward and Punishment, and that when these be taken away, the whole discipline of Cities faileth and is dissolved; For the care of Equity and justice waxeth cold in the minds of many, unless there be due honour for virtue, neither can the wilfulness of wicked men be restrained, but by severity and chastisement of pains: wherefore, whereas the principal part of Justice is, Vnicuique suum tribuere; To render to every man his own; a more proper Text in my opinion, cannot be selected for this judicious and judiciary Assembly, than this of the Apostle proposed unto you; Render therefore to all their dues. For the general Exposition and Cohaerence of which words, it is obvious to every understanding observer, That after that our Apostle had descended from Dectrinall points of Faith (which he handled in the eleven first Chapters) to Moral Inferences and instruction for life; as conclusions to be drawn out of the premises, Chap 12. And had therein mixed the mutual duties of sundry vocations in the general; He in this Chapter from the first verse to the eightth, deciphereth the special prerogative, and absolute obedience, which Sovereigns have, and Subjects own, in particular: which he enforceth by a kind of rhetorical Syllogism. The Major whereof is in the first words of the first verse, Let every soul be subject unto the higher powers: The Minor to confirm his Position in the latter end of the same, and in the 2.3.4.5. and 6. verses following, for there is no power but of God; the powers that be are ordained of God: Whereupon he grounds and draws a Conclusion in this verse, part whereof I only handle, Render therefore to all their dues. The Minor of this Rhetorical Syllogism consists of diverse Prosyllogismes, out of every of which is deduced the proposed Conclusion, in this manner: There is no power but of God, and the powers that be are ordained of God: verse 1. But a Prince is a special power, and ordained of God: Therefore for the Ordainers sake, which is God, Render to all their dues. Whosoever resisteth the power, resisteth the Ordinance of God. And they that resist shall receive to themselves damnation: ver. 2. But he that resisteth the Prince, resisteth the power and ordinance of God, and consequently shall receive damnation: Therefore for your soul's sake, Render to all their dues. Rules are only a terror to the wicked, but for the praise of those that do well: v. 3. But they that resist, it is a sign that they esteem them a Terror, and expect no praise from them, and consequently that they are wicked and not well doers: Therefore for avoiding that imputation, Even for your credit's sake, Render to all their dues. The Ruler is the Minister of God for thy good: verse 4. But it is just by the Law of Nature, that we should give to those that minister for our good: Therefore for Natural justice sake, Render to all their dues. The Ruler bears not the sword in vain, but is the Revenger of wrath on them that do evil: verse 4. But there is no man which doth not evil in some things, and consequently is subject to wrath and revenge: Therefore even for Policies sake, Render to all their dues. Ye must be subject, not only for wrath, but also because of conscience: verse 5. But whatsoever a man is bound to do for conscience as well as for fear, every man is bound to do in duty: Therefore for duties sake, Render to all their dues. a Non mirum est Paulum tot modis & rationibus commendare nobis obedientiam erga Magistratum; afficile enim aliequi est superbos hominum sensus in hoc officio continere, volumus enim omnes esse domini & parere nemini. Pet. Mart. in loc. You pay tribute to Rulers for this Cause, because they are Gods Ministers attending continually upon Government: verse 6. But whatsoever men attend upon continually, they are to be paid that which is due for it, and consequently Princes which attend upon government continually are to be paid the due for it, which is Tribute: Therefore for Conscience sake, Render to all their dues. And so from the Paraphrase I descend to survey the Particulars; only let me entreat leave by the way, that although the special scope of my Text aim at the dues to b Athana. or Volgar. or Theophil. Aquin. Lyra. Bruco. Claud. Calvin. Marlorat. Paraus. all Princes, whether good Governors or Tyrants, (as I shall also prosecute it) yet I may not be so tied up, but that I may extend this (All) to all persons, Princes & People, Magistrates and Ministers Superior & inferior, Nocent and Innocent; as S. Ambrose, Gorran, Musculus, and Rolloc understand it: Where hence in stead of a Division, let me commend to your consideration these four positions: First; c Vide Chrysost. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Anselm. in loc. Sedul. Luther. Ositud. Muscul. Arct. Brent. Fulk etc. That Christian liberty hath not freed us from Civil Obedience, but that Christians are bound in duty one to another, especially all Subjects, to all their Princes, according to the Laws & Customs of the kingdom wherein they live, intimated in this word (Dues.) Secondly; That those duties to which Christians are so bound, are not only imposed upon some, and others lose, but as they are promiscuous, so they are universal Duties, implied in these words, (to all.) Thirdly; That although there be duties to which Christians are so obliged and all have their part in the martyr of that Obligation or Duty, yet they have it in a different degree or manner, every one in his particular place and order, designed in this word (their.) Fourthly; That those duties of every man according to his order, to all Princes, are not to be performed merely for compulsory Necessity, but voluntarily and cheerfully, denotated in this word (Give or Render.) Render therefore to all their dues. First; That Christian Liberty hath not freed us from Civil Obedience; but that Christians are bound in duty one to another, especially all Subjects, to all their Princes, according to the Laws and Customs of that Kingdom wherein they live, intimated in this word (Dues.) Whosoever can put difference between the body and the soul, between this present transitory life, and that eternal which is to come, he shall easily understand, That the spiritual Kingdom of Christ, and the Civil government of Princes, are things of a different nature, john 18.36. And that the liberty of the Soul from jewish or over numerous Ceremonies, and of the body from subjection, have no relation, nor carry any correspondency the one to the other, but that it is a jewish error to enclose the kingdom of Christ under the elements of this world, and to confound the licentiousness of the flesh with the liberty of the spirit, sithence spiritual liberty may very well agree with civil bondage, 1 Cor. 7.21. and it is not material, whether thou be bond or free, jew or Grecian, Barbariam or Scythian, in what degree or estate, or under the Laws of what Nation thou livest, (so that thou keep the Law of God inviolate) Thou art bound to perform civil obedience to the Laws of the Land where thou livest; yea, ex necessitate justitiae tenentur subditi, saith, a In loc: Aquinas; Subjects are bound to obedience by the double obligation of justice and of Necessity; except they will suffer as Rebels, or ill-doers, or busybodies in other men's matter, as b 1 Pet. 4.15. S. Peter phraseth it. Or except they will have that inconvenience granted, that the General Laws or Government of a Nation, must be dispensed withal according to the particular conceit and apprehension of every private person. Whereout what Toleration of heresy, what Connivance at errors; what danger of Schisms in the Church, and Factions in the State, must necessarily follow, is easy to be conjectured: so that the common Adage under Nerva's Empire would be verified, It is ill to live under a Prince under whom nothing is lawful, but worse to live under him under whom All things are lawful; under the one a Tyranny consumes some, under the other an Anarchy confounds all, which if we will avoid in a Christian Commonalty, then where the liberty of a few erroneous consciences, brings the Bondage of many regulated Commands; Calvin. Instit. lib. 3. cap. 19.12. Habemus necessitatem vindicandae Libertatis, si * Such as were those false apostles, who mixed judaisme with Christianity And such as are those factious Preachers, who countenance Libertinism, and Disobedience to Princes, under the colour of Religion; unjustly exacting that from the people to themselves, which they ought justly to give to God and their King. per iniquas exactiones pseudo-apostolorum ea infirmis in conscientijs periclitetur, saith Calvin; and we must prefer the general before the particular, and not let every one be let lose to their list and affection, but all must be kept within the lists of their Duty and Subjection, (Dues.) For the better accomplishment whereof, we must consider in the second place, That those Duties to which Christians are so bound, are not only imposed upon some, and others lose, but as they are promiscuous, so they are universal Duties, employed in these words (To all.) Which that we may survey without Confusion, we must consider that the a 1 Cor. 12. Body politic, like the body natural, consists of the head and members: Those Members either Confusedly make up the Trunk or Corpse, or more Particularly are Distinguished into more, or less principal; The Superior and Inferior Orb, as Physician's phrase it; The Head represents the Prince or King; The Trunk, the Commonweal or people; And as in the body Natural, every Member hath his office, either to minister nourishment and help to, or to suffer and be compassionate with, the other; except it be withered, dried up, dead, insensible, and useless. So in the body Politic, every one of the foresaid Members, hath his Duty to perform to, and his due to receive of others. The Prince who is the Head, and makes his Court and Counsel, as the sedes sensuum, hath his Duty to 1 Direct, 2 Command, and 3 Protect. b Videtur mihi Apostolus hic summatim velle comprehendere quibus in rebus sita sint subditorum erga Magistratus officia, Nempe ut ipsos in pretio ac honore habeant, ut eorum pareant edictis, legibus, iudiciis, ut tributa & vectigalia persolvant, non portoria modo & indistiones, sed et alios quoque redditus. Calvin. in loc. And his Due to be, 1 honoured, 2 obeyed, and 3 maintained. His duty to 1 direct, 2 command, and 3 protect. First, to direct and make laws, Eccles. 8.3.4. He doth whatsoever pleaseth him, where the word of the King is, there is power. And who may say unto him, what dost thou? Secondly, to command execution of law and justice, Proverb. 16.10. A divine sentence is in the lips of the King, his mouth transgresseth not in judgement; But the wrath of the King is the messenger of death, verse 14. So that Nemo leges Regum impune reprobat nisi Reges ipsi, in quibus praevaricationis crimen locum non habet, Prudenter enim dictum est, impium esse qui Regi dixerit, iniquè agis, saith Saint a In joh. l. 12. c. 56. Cyril. Thirdly, to protect the laws and people commanded by him, and committed to him, The Emblem and Motto of Alphonsus King of Naples, which was a Pelican drawing blood from her own breast with her beak to revive her young ones, with this Inscription, Pro lege et grege, being a proper ensign for religious Princes. Which duties being performed by a Sovereign; he may rightly require these dues of Subjects; (yea whether he perform his duty or not, he may require these dues of them, as even Calvin & Bucanus grant it) to be 1 honoured, 2 obeyed, & 3 maintained. 1 First to be honoured in their persons; For this is a due that we find not only required by Saul, 1 Sam. 15.30. Honour me before the people; but justly taken by David, 1 Reg. 1.23.31. whereupon Paraeus makes the last words of this verse, honour to whom honour belongeth; to be proper & peculiar, especially, Personae Principis. And this due consists in a candid construction of all their actions, b Vid. Pet. Mart. Talman: Helhus. although they commit some errors; as we have example in that speech of Bathsheba, when she found Adonijah aspiring to the succession in the Kingdom, contrary to David's oath to her concerning Solomon, She doth not unreverently tax the King, but with a modest excuse for him, tells the error; Behold Adoniah reigneth, and now my Lord the King thou knowest it not, 1 Reg. 1.18. So fare should Subjects be from a Amand. Polan. partit. Theolog. et Tilenus, Pet. Mart. Calv. in jer. 29. etc. suspicion, rash censure, and slander, that they should esteem it as a reviling and a blasphemy committed against God, to scandalise the Ruler of the people, Exod. 22.26. 2 And as Rulers may justly challenge this honour to their persons, so may they with no less right call for Obedience to their laws and commands; Sive Princeps sit fidelis, sive infidelis; sive just, sive avare, aut dure imperet, saith, b And Aug. in Psal. 124. Julianus extitit infidelis imperator, nun extitit Apostata? iniqus? idolatra? milites Christianiser vierunt imperatori infideli, ubi veniebatur ad causam Christi, non agnoscebant nisi illum qui in coelo erat. Quando vo lebat ut Idola colerent, ut thurificarent, praeponebant illi Deum: quando autem dicebat, Producite aciem, ite contra illam gentem, statim obtemperabant: distinguebant Dominum aeternum à domino temporali, et tamen subditi erant propter Dominum aeternum etiam domino temporali. Bez in Conf. fidei Chr. &c c. 5. s. 45. Neque aliud vilum remedium proponitur privatis hominibus tyranno subjectis. praeter vitae emendationem, & preces & lachrymas. Aret. loc. come. similiter. Bucanus (who is no Royalist) whether the Prince be a Believer or an Infidel; whether he rule justly or unjustly, courteously or covetously & cruelly; For whereas there are but duo legis Termini; Two effects of the law; 1 The one to perform the Commandment: 2 The other to undergo the punishment. If Princes command any thing which Subjects may not perform; c I know no other case but one of those three wherein a Subject may excuse himself with Passive obedience, but in All other he is bound to Active Obedience. because it is against the laws of 1 God, or of 2 Nature, or 3 impossible; yet Subjects are bound to undergo the punishment without either resistance, or railing and reviling. And so to yield a passive obedience, where they cannot exhibit an active one; yea and in that passive obedience there must be still actually retained, 1 fidelity, free from conspiracy, although they had power and opportunity for it, 1 Sam. 26.8.9.10. jerem. 29.7. And 2 piety to pray even for their oppressing Rulers; ut det illis Deus vitam prolixam, imperium securum, domum tutam, exercitus fortes, populum probum, orbem quietum, That God would grant to them along life, a secure reign, loyal Courtiers, valiant Soldiers, obedient Subjects, and peaceful neighbouring Princes, as the Primitive Christians, prayed even for Ethnic Emperors under whom they lived, as a Apol. c. 30. Tertullian teacheth; whom the b Artic. 40. French Confession, together with the Confessions of c Cap. 16. Bohemia, and d Artic. 16. et Apol Eccles. Anglic. c. 6. divis. 1.4. et defence. Apol. part. 4. Auspurge, seem to imitate. Nor are Princes only thus to be 1 honoured, and 2 obeyed, but 3 maintained also. For maintenance is to be allowed for Princes both for the common charge of every office, and e Calvin, et Bucan: de Magistrate. et Paraeus in loc. their private Royalty, which is conjoined with the honour of the State: And that not only out of their f Calvin 4. Instit. c. 20. Crown Lands, and residues, and portions, mentioned Ezek. 48.21. But also by imposed Taxes; whether it be 1 Capitibus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Tributum, in this verse; Ordinary Taxes upon immovables; 2 Solo, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, vectigal, in the same verse, imposts upon Trades, Traffics, and Merchandise. 3 Bonis immobilibus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Census, Mat. 22.17. Toll or Tithes upon their Lands, or 4 Et Portoriaseu vectigalia de Mercibus. Bucan. loc. 49 q. 52. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Matth. 17.24.25. * As for example, statute for Subsidy, jacob. 21. Pole money of all Strangers, Denizens, or not And Statute for Subsidy, Carol. 1 Pole money of all Strangers, Denizens, or not. And also of convict Recusants above 17 years, being not Subsidy men. And in many other places of our Statutes. Habet ius exigendi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ordinaria Tributa seu taleam, De Pole money of their persons; at some times, and upon some occasions. Tribute, being due to Princes by a Triple Obligation, as f In vers. 6. observat. 2. Paraeus affirms, (who I hope all will confess is no parasite to them) jure 1 divino, 2 naturali, & 3 civili, By the Law of God, as the sign of our subjection, by the Law of Nature, as the reward of their pains and protection; by the Law of Nations, as the sinews of the State's preservation. Since that without money, Soldiers cannot be waged for war; Counsellors cannot be supported for peace; Intelligence cannot be procured from abroad; Laws cannot be executed at home; nor Church can flourish; nor Commonweal stand firm: The consideration of which things, no question, made g Ad Philip. Ep. Polycarpus, h Ep. ad Tolos. Martialis, i In Apol. pro Christian: ad Anton. Pium. justin Martyr, k Vbi supra & ad Scapul. Tertullian, l In jul. orat. 1. Greg: Nazianzen, m Ep. 33. Ambrose, n Ep. 42. ad frat. Madaur. August. o In Mat. can. 23. Hilary, p Sent. 99 Prosper, q Vbi supra. Cyril, r Ep. 170. ad Reg. Ludovic. Bernard, s In Roman. Anselme, (but what name I so many?) yea all Antiquity to be absolutely for absolute obedience to Princes in all civil or temporal things: And the more moderate modern Divines, as t Sleid. Com. l. 5. Luther, u In Resp. ad Artic. Rusticorum, Quando quid praecipitur contra publicam justitiam, cuius generis sunt bonorum exactio, aut corporis vexatio, subditum in hujusmodi injuriis obedientia decet. Brentius, x Apud Luth. tom. p. 463. Quamvis videamur promisisse obedientiam hac conditione siligitime imperet Magistratus, tamen non ideo licet injustan vim Magistratus vi depellere. Vid Aret. loc. 153. Melancthon, z Instit. l. 4. c. 20 s. 24. to 30 ac ubi supra. Calvin, a Vbi supra. Beza, b Sub Hen. 8. de Christ. hom. instit Cranmer, and the Bishops and Divines of England, c The opinion of the Congregation, Art. 39 Edit. An. 1564 The Ministers of the Reformed Churches, d We know that though we be free, we ought wholly in true faith holily to submit ourselves to the Magistrate both with our body, and with all our goods. vide Harm. conf. tit. Civil. Magistr. the former Confession of Helvetia, the Confession of e Art. 36. All men of what dignity, state or condition soever they be, aught to be subject to their lawful Magistrates, and pay unto them Subsidies and Tributes, and obey them in all things which are not repugnant to the Word of God Vide ubi supra. Belgia, f Vbi supra. Bucanus, g De Magistrate. Chytreus, yea and h In loc. Paraeus (some of which otherwise are not so just to Princes) acknowledge in this particular, That if a Prince impose an immoderate, yea an unjust Tax, i True Piety binds the subject to desire a good Sovereign, but to bear with a bad one, and to take up the burden of Princes with a bended knee, rather in time to deserve abatement, then resist authority. View reign Hen. 3. yet the subject may not thereupon withdraw his obedience and duty; Nay he is bound in conscience to submit, as under the scourge of his sin,; for, Quanquam actio immoderata, sive expilatio injusta est, tamen passio est justa, saith Bucanus. So that, as Paraeus (for I still intent especially to make use of Anti-royalists, because they cannot be excepted against in this point) as Paraeus, I say observes upon those words, vers. 6. For this cause pay you Tribute also: Non dicit Apostolus propter hoc etiam Tributa exigunt, sed Tributaeis solvitis; docens semper justè solvitributa à subditis, licèt aliquando non justè exigantur à Magistratu: The Apostle doth not say, For this cause they exact Tribute; but you pay them Tribute; thereby teaching, that Tribute may always be justly, and with a good conscience, paid by the subject, although it be sometimes unjustly imposed and exacted by the Ruler: and he gives the instance in the jews and Romans; Romani malè ad se traxerunt censum Templi, quem justè pendebant judaei: And we might amplify it in our Saviour, paying tribute although free, & rather working a Miracle to pay, than have offence taken by the Ruler, Mat. 17.25.26.27. Nor was this only the Custom of Conquerors, in foreign Kingdoms, which they invaded; but even of Native peaceful Kings, to their natural Subjects, in those Dominions whereto they were elected, or wherein they succeeded; as appears in a Non id jure facturi erant reges, quos optime ad omnem continentiam lex instituebat, sed jus in populum vocahatur, cui parere ipsi necesse esset, nec obsistere licet; ac si dixisset Samuel, eò se proripiet licentiae Regum libido, quam cohibere vestrum non erit, quibus hoc restabit unum jussa excipere, ac dicto audientes esse. Cal. 4. inst. cap. 20. § 26. I dispute not here whether this be jus Regni, or praxis Regum: but suppose it be but the practice of Kings, & more than right, yet ye see calvin's judgement is Hos unum restat jussa excipere. Saul taking both the substance and Persons of the Israelites, 1 Sam. 8.11. to 17. And in Solomon laying Taxes upon the same people, 1 Reg. 12.4. And how fearful the very indeavoring to shake off these Burdens, (though too heavy to bear) hath proved, may appear by that instance never to be imitated, of that people in Rehoboams time, where the attempt to free their bodies and states from Sovereign Invasion, captivated their souls under Idolatrous Superstition, 1 Reg. 12.16.26.33. Oh, let not us then conceive to ourselves a Conscience grounded upon suspicious conjectures, de futuris contingentibus; concerning which, no man can set down certainties; And we are bound to believe the best concerning all men, much more concerning our Sovereign's promises, as b Quibus debetur candour (justitia politica distributiva:) cum jus est, interpretari omnia in bonam partem, proximo non detrahere, & detrahentibus aures non praebere, cum quo pugnat calumnia seu obtrectatio, suspicacitas, & diffidentiae. Polanus and Tilenus truly. Nor let us square our consciences by the Lesbian Rule of jesuites and Schismatics, contrary to all the current of Antiquity, as even themselves are forced to confess, whilst c Bellarm. de Ro. Pont. Buchanon de jure Regn. apud Scot they childishly answer, that the primitive Christians obeyed their Rulers, only because they had not then power to resist; which besides that d Et Clem. Rom. Recognit. l 1. fol. 22 & Aug &c vid. Belson tract. of Christian Subjection part S. Cyprian ad Demetrian, clears to the contrary, whilst he tells us, Nemo nostrum quando apprehenditur reluctatur, quamvis nimius, & copiosus, e Et Widdrington Apol. cont. Bellarm. pro. jure Princip. et Confut. of the Reply of T.F. noster sit numerus. I hope Saint Paul's doctrine, both in this Chapter and 1 Tim. 2.1.2. and Saint Peter, 1 Pet. 2.13.14. is the same to us, it was to them: yea and our Saviour's Reddite Caesari, Mat. 22.18. was not with a Rebus sic stantibus, like that a Granted to the Papists in England at the procurement of Campian and Parsons 1580. Bull of Gregory the thirteenth. O let us not therefore, I say, conceive to ourselves such scruples, as not to give Tribute where and when Tribute is due, or to refuse a b For it is but borrowed. Vid. Martin Hist. of 20. King's Ed. 3. an. 14. 1339. p. 109. et Hollinshed. Hen. 8. 1522. p. 874. & ibid. ann. 14. 15. 1523. p 877. & an. 34. 1541 p. 957. And the most, if not all of those who best know the laws of this kingdom, have lent at this time, which assuredly they would not have done, if they had not known that it was neither nor unlawful Loane, or any other Aid, which is not unjustly exacted; and which is c In his Majesty's commission and Proclamation. promised shall not be immoderately demanded, especially, considering that thereby, we who are bound d 1 john 3.16. to lay down our lives for our brethren, may by laying down a little of our estates, save our own lives, and our brethren's: Yea further considering, that it is not our brethren only, but ourselves also that are in danger, as is more than probable by the proceed in foreign parts. And further this may be considered also, that not only our bodies are in danger of war and wounds; but our souls, of Heresy and Superstition; Religion itself (as it is established in this Kingdom) being the mark that is shot at in this business. Oh consider what it would avail to win the whole world, much less our wills, and lose our souls; And seriously consider, how as jeroboam took the opportunity of the breach betwixt Rehoboam and his Subjects, to bring Idolatry into Israel: So the papists lie at wait, if they could find a Rent betwixt our Sovereign and his Subjects, (which the Lord forbidden) to reduce superstition into England: I speak no more than I have heard from themselves, whilst I have observed their forwardness to offer double a Anno primo Reg. Carol. the Act for the subsidy of the Laiety, whereby Popish Recusants were to pay double according to an act of Parliament so providing; yea to profess, that they would departed with the half of their goods: And how or why can this forwardness be in them, but in hope to cast the imputation of frowardness upon us? and so to seem (that which the jesuite will not suffer them to be) love and loyal Subjects. Nor speak I this as a b For it is well known that I preached diverse Sermons in the Lucture at Brackley to persuade to the relief and aid of Religion, the State, and our afflicted Brethren and Confederates, long before there was any speech of the Loane. Sycophanticall , nor as a Statizing Court Orator; or one who had left God to preach for the King; as some are too apt uncharitably to censure; unchristianly dividing God and the King. Yea sooner would I with c Euseb. l. 2. c. 23 james the first Bishop of Jerusalem, have my brains beaten out with clubs; or with d Idem. l. 8. c. 20 Romanus the Martyr, have my tongue plucked out of my head; or with those ancient Martyrs of e Ibidem. c. 12. Antioch, or ours of later times, burn off my own hand, than my brains should be made the Instrument to invent, my tongue to utter, or my hand to write and defend that, by which Christian Liberty should be captivated; Tyranny erected; f Bacon, Hen. 7 Heaven forced to descend to serve Earth; Divinity made the Handmaid of Policy; or Religion the Stalking-horse of the State: But out of an unfeigned fear of future Events at home and abroad, to the Church and State; out of an earnest zeal to God and Religion; Out of a fellow-feeling of our brethren's Miseries; out of a religious desire, that we may all avoid that sentence from the Almighty, Curse ye Meroz, yea curse them bitterly, because they went not out to fight the battles of the Lord, to help the Lord against the mighty, judg. 5.23. Out of an affectionate endeavour that each particular may escape that imputation; The divisions of Reuben were great thoughts of heart, judg. 5.15.16. As of sincerity, as of God, in the sight of God, I speak my conscience in Christ, both concerning what is the duty of, & the due to the head of this body politic, which is the King. And I earnestly pray, and steadfastly hope, that he which doth, and they which shall sway the Sceptre of this Kingdom, will consider, that a Ambros. in loc. Reddi vult ab omnibus debita, quia et potentes sunt debitores inserioribus ut respondeant meritis illonem. Sic Calv. Instit. l. 4 c. 20. s. 29. et conf. Bohem. et Bucan. c. 49. q. 30 et Chyt. in procept. 5 Rulers also own mutual duties to their Subjects, as 1 to establish and defend Religion, and the law of God; as (the Lord be praised) ours hath done; 2 to maintain the fundamental Laws and Liberties of the Kingdom, as we may certainly perceive he doth and will do; 3 to provide for the Common Safety and Peace of the Subjects; as all may see he is doing; 4 Not needlessly to exhaust, nor prodigally to misspend the Treasure of the State; which assuredly no man can say he hath done; yea and I doubt not but he and they will easily discern, what a difference there is betwixt his happy Throne, and the tottering State of those, who should govern in a Commonweal, where the Religion was directed by b L. 5. de Pont. Rom. c: 6.7. Bellarmine, c Jnstit. Cathol tit. 46. s. 75. Simancha, d L. 1. instr. c. 13 Tolet, e Doleman Parsons, f Philopater Creswell, g De visib. Monarch. l. 2. c. 4. Saunders, h Didymus. p. 261 Stapleton, and that i Jes. l. de justa abdicat: p. 46. Raynaldus de justa autorit. p. 8 Azorius Inst. mor. c 15. Bozius de Eccl. monarch. temporal. ad Clem. 8. jesuited society; Or by k De iure reg. apud Scot Buchanon, l Apol. et Histor Knox, m De Polit. Christ. l. 2. c. 6 Danaeus, n Conference etc. and before the King and Council. Decemb. 21. 1585. james Gibson, o In Q Mary's time, etc. vid. Bilson part. 3. cit. p. 516. Goodman, before the time of his Recantation, and that factious fraternity; The one of which makes the Church above the King, and the Pope above the Church, and so dethrones Princes by his Thunderbolts of Excommunication and Deprivation. The other make the Law above the King, and the people above the Law, and so depose Princes, by their Tumults, and Insurrections; yet that I may not wrong them, (nor we wrong ourselves and our Sovereign, by opinions borrowed from them, but misunderstood,) the later sort (if I understand) stretch not so fare, as against an Hereditary successive Ruler; but only to those, a Paraeus in loc. explic. dub. de potestate civili, proposit. 2. rat. 3. And Buchanon de jure regni apud Scon about the latter end of that factious discourse, lays the like ground for all his Rebellious positions. qui constituuntur, vel per populi consensum, vel per senatum, velper electores, velper alios Magistratus; who are placed over the people, 1 either by the consent of themselves in general; 2 or by the Senate or Parliament in special; 3 or by Electors in particular; 4 or by other Magistrates and Rulers which are Superiors; And of these they hold, that quorum est constituere, eorum est etiam enormiter grassantes coercere; which paradox, although I have not time to dispute, yet I may conclude positively, that, howsoever this trencheth not upon our Princes, nor warranteth any waywardness in our State. And therefore I leave them and their digladiations about Elective Dignities, and praying for the peace of our hereditary settled Kingdom, descend to take a view of the Trunk of this body Politic, which is the Commonweal. Where, although I name only the Commonweal, yet I would not be understood as if I intended to exempt the Clergy; The Church and State being so nearly united, that though they may seem two bodies, yet indeed in some respects they may be accounted but as one, in as much as they are made up of the same men, which are differenced only in relation to spiritual or civil ends; so that whereas vers. 1. Every soul is enjoined to be subject in performance of this duty; Ostendit Apostolus quod ista imperentur omnibus, & sacerdotibus, & monachis, non solùm secularibus; Etiam si Apostolus sis, si Evangelista, si Propheta, sive quisquis tandem fueris, saith S. chrysostom; whatsoever the Pope and his Shavelings gloss to the contrary. But leaving them, as not so fit subjects for the present occasion: Although the Commonweal be safest and most beautiful when it is at unity in itself, and divisions are always dangerous, yet that the speciositie may the better appear to us, we must survey it by particulars; Of which the remainder of this short hour here, will give us leave to show but a few: Nor know I whether the Law should be reckoned in this rank, or as a medium betwixt the Prince and People: But whereas the Law is a mute judge, and the judge a speaking Law; so that these two are sometimes Termini convertibiles; and the State can as ill stand without the one as the other; the Law restraining the judge's affection, and the judge supplying the Law's defect; I will here point at them promiscuously, in these four particulars following. The Duty therefore of the Law and Interpreters of the same is, First; to be just, without tyranny; not, Sic volo, sic jubeo, stet pro ratione voluntas; That were too cruel for a Conqueror. Secondly; Equal without partiality: The same Law shall be to him that is borne in thine house, and to the stranger, Exod. 12.49. And thou shalt not respect the person of the poor, nor the rewards of the rich in judgement, Exod. 23. this is needful even for a justice in the country. Thirdly; They must be moderate without extremity, for Summum jus summa injuria; But this is most proper for an arbitrary trial, or the Chancery. Fourthly; They must be plain without ambiguity: Not like those Laws in the Conqueror's time, of which Hollinshed complains, that the people's estates were confiscate, before they knew the Law, or understood the meaning of it; And this I take to be proper and peculiar to you, who are the Reverend Grave Interpreters in these Solemn judicious Assemblies; which I hope you will so explain, that these times shall not need to complain, that they are made snares and traps to catch men. jeremy 5.26. And as there are these Duties of the Law and Lawgivers; so is there Due to the Law, First Execution, which is the life of it: and secondly Obedience, which is the fruit of it; or else lastly punishment, which is the power of it: So that whosoever will not do the Law of God, and the Law of the King, the judges must judge him, and let judgement be executed speedily upon him; whether it be unto death, or unto banishment, or to confiscation of goods, or to imprisonment, Ezra 7.25.26. Wherein I need not to pursue the explanation of what is due to every particular offendor; As that he who is a Traitor to the King, should be destroyed, and made an Example of obloquy to posterity, as Bigthan and Teresh, Esth. 6.2. He that sheds man's blood, by man shall his blood be shed, Gen. 9.6. He that wounds another, must suffer an eye for an eye, and a tooth for a tooth, Exod. 21.24. Although not lege talionis, yet Retaliationis, by making satisfaction, vers. 19 He that endeavours to damnify another's credit by false rumours, or his state by false witness, as he would have done to another, so shall it be done to him, Deut. 19.16. to 20. either patiendo, by suffering punishment, or faciendo, by paying Damage, or by both. These I say and infinite others, neither will time permit, nor doth your experience stand need; nor will the difference betwixt the jewish and Christian Commonweals give leave, to parallel in all particulars; Only as I am assured that you which are to judge, will do it as for the Lord, and not for men, 2 Chron. 19.6. So I humbly and earnestly entreat, (for I will not presume to advise) whereas by the Law of God, a disobedient riotous person, and a drunkard, upon complaint of the parents, was to be stoned, Deut. 21.20.21. yea and by the laws of this Land, such are to be severely punished. And whereas there are daily complaints of their natural parents, (although not coram judice) against them with sighs and tears; whilst they feel their substance exhausted, hear their names discredited, see their neighbours abused, yea oftentimes their own lands, (which they in hope to advance them passed over to them) passed away and wasted in their life time, and all their hopes frustrated. And whereas almost hourly, their spiritual Parents complain against them in the Pulpit, and their Political Parents, threaten them pro Tribunali, and yet can have no amendment; I humbly and earnestly entreat you, that you will not suffer such Locusts to consume that, which might maintain many able men, to do the King and Country service; and they thereby make themselves unfit and unable for all employment; And that you will not suffer the Horseleech, the Alehousekeeper, the sink and common receptacle of the sins of a Town or City, to thrive by the undoing of the Spendthrift and of the Commonwealth. Let not Dalilah be in riched by betraying Samson to slavery, nor the Harlot's ruffle with the Prodigals portion, whilst he eats husks with Swine; but let these fratres in malo, partake together of the punishment, as they have done of the sin. And whereas, there is not only a Law of God, but even of man against the profaning of the Lords day; which concerns the fourth Commandment. And another against swearing, which concerns the third Commandment; Let not the one be broken even before your seats of judicature, whilst you have a Pleader vouch his Assertions with his own oaths in stead of other evidence, as if he would make good the defects of his Rhetoric with his reputation; or as if he had received a Double Fee, the one to Argue, the other to make Affidavit; and yet pass unpunished, for example's sake. Neither leave you God, as the Father of Gideon did Baal, to plead for himself, judg. 6.32. lest he plead against you with that Record, Zach. 5.1. to. 5. which will consume your houses with the Stone and Timber; Lest he witness against you with that evidence, Malac. 3.5. which speedily shall convict you; lest he pass that sentence of guiltiness upon you, from which you can procure nor pardon nor reprieve. Let not the other which concerns the Lord's day, seem to have been consented to, only upon the importunity of a few precise persons, but never intended for execution, lest God set such a memorandum upon them and you (who will not be careful of the memento set upon that Commandment) that who so heareth of it, both his ears shall tingle. And as you must be thus single-hearted, who are the Heart of this Body politic, so to the end that the whole Body may be clear, those which are to be your eyes, the jurors, and those which are to be their Optickes, the evidence, must take heed that they be not blinded, either with 1 fear, 2 affection, or 3 reward; for if the eye be dark, a Mat. 6.23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉? how fare out of the way must the best members wander? Let not therefore a great man's Livery, prove like achan's Babylonish garment; nor a rich man's purse, like his wedge of gold; neither let any be found amongst you of the jury, who (like the High Priests against Christ) have so much respect to the Common cause, (for fear it should prejudice your own interest hereafter) that you will forfeit your Private consciences for the present; If we let him alone, the Romans will come and take away our government: joh. 11.48. So if you let this or that pass, it will be a leading case against your Command or Commodity, and therefore crush it, be it right or wrong. Yea and those which are to be your Hands, (for I must still follow the Allegory of the body, and it fits us,) your servants and officers, must not be like Blastus, Herod's Chamberlain, who so they may have the feeling of a Fee, from them who give it for love of their own Licentiousness, and not of Law or justice, will procure a peace for men as wicked as Tyre & Sydon; Act. 12.22. These things if you beware of, you will make up a sound body, beseeming so becautifull a Head, as was before described; and upon the accomplishment of these Duties, (Right Reverend Sages) you may expect and cannot miss of these Deuce; Commendations and Cherishing from our Sovereign; Thanks from your Country, in the general; prayers from the Suitors, in particular; Temporal honour upon earth; and eternal glory in Heaven; In hope of which Duties to be performed by you, and Deuce to be prepared for you, I will proceed to the Third Thesis, which is That although there be Duties to which Christians are so obliged, and all have their part in the matter of that obligation or duty, yet they have it in a different degree or manner, every man in his proper and peculiar place and order: designed in this word (Their) Their Deuce. The People must not be busybodies to pry into the Prince's Duty, the Laity into the Clergies, or the juror into the judges, but every one into his own, as we have a Precedent, Luke 3. vers. 10. to 15. where the people do not come and complain of the Exaction of the Publicans, nor the violence of the Soliders, but inquire of their own duty, what shall we do? and receive directions accordingly. The Publicans do not complain of the backwardness of the people in payments, or of the Soldiers in clamorousness, but inquire, what shall we do? and are instructed in their peculiar duty. The Soldiers, do not complain how the people rebelled and the Publicans with held their pay, but come with what shall we do? and are instructed according to their calling. Teaching us that none should be Curiosus in aliena Republica, and Desidiosus in sua: Aug. Stella, and Gualther. Quid de me loquuntur homines? what say men of me? and who am I? is the question of a careful man; exemplified in our Saviour, Matth. 16.13. Tu quis es? who or what art thou? is the question of a captious man, represented in the Pharises Messengers, joh. 1.19.22. But, Quid hic faciet? what shall this man do? is the inquisition of a curious man, joh. 21.21. yea and Saint Peter himself cannot pass with it, without the reprehension of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉? what is that to thee? verse 22. For often times it draws upon them who delight in it, such deserved destruction, that Funcius his funeral verses had been a more profitable Meditation, than this their Polypragmaticall disposition; Disce meo exemplo mandato munere fungi, Et fuge ceu pestem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Let my death teach thee how to frame thy life. Fly censure like the plague, it breeds but strife, Which that every man may be the better contented to do, and to contain himself within the Lists of obedience and limits of his calling, I will only briefly point at the manner of practice required at every man's hands, to the end that he may perform his duty according to this order which must be Fourthly, not for mere compulsory necessity, but voluntarily and cheerfully: denotated in this word Give or Render. Cranmer and Thomson, render it [Give] intimating that it should not be done grudgingly or of necessity, as the Apostle speaks of Charity, 2 Cor: 9.7. For Nec leprosa obedientia, nec canina patientia, Deo commendatur, Bern. A lame obedience, which comes slowly after, and a dogged patience, which goes snarling and grumbling on, lose part of their grace and grateful acceptation. A Christian must do his duties with cheerfulness, Rom. 12, 8. and 2 Cor. 9.7. before cited; for Conscience sake, and not for Necessity, verse 5. of this chapter. Give as of good will, although it were not his duty to render or pay. But the Vulgar, Tremelius, Beza, and the King's Bible, read it [Render] which agreeth with the Greek Text 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; By which word as a In loc. Marlorat observes, significat debitum quoddam inexcusabile subditis impositum esse; The Apostle signifieth, that there is an inexcusable debt lying upon the Subjects; which he seems to have borrowed from b Or Theophil. Vid. similiter, Pet. Mart. Muscul. Gualt. Aret. Athanasius, or Volgarius; who add further, quod solvere principibus debeas, which ought to be paid to Princes; which might teach the Subject even in case of policy to take out that lesson, Fiat voluntarium quod futurum est necessarium; Do thou thyself make that voluntary, which others may make thee do of necessity: And if it were but even for this Cause, Render therefore to all their dues. FINIS.