The Life of William Archbishop of Canterbury Examined, Chapter
The last chapter, containing the Canterburian maximes of Tyrannie.
ONe of the great causes of Protestants separation from Rome, is the tyranny of the Romish Clergie, whereby they presse upon the verie conscience of their people, a multitude of their own devices, with the most extreame and rigorous censures which can be inflicted either upon bodies or soules. And for the more facilitating of their purposes, they advance the secular power of Princes, and of all Soveraigne Estates above all, that themselves either crave or desire: alone for this end, that their Clerks may ride upon the shoulders of Soveraignty, to tread under the feet of their domination; first the Subjects, and then the Soveraignes themselves.
How much our men are behinde the greatest tyrants The tyrannous … of the Canterburians, are as many and … as these of the … Clergie.that ever were in Rome, let any pronounce, when they have considered these their following maximes: They tell us, first, that the making of all Ecclesiastick constitutions doth belong alone to the Bishop of the Diocesse, no lesse out of Synod than in Synod: That some of the inferiour Clergy may be called (if the Bishops please) to give their advice, and deliberative voyce; That the Prince may lend his power, for confirming and executing of the constitutions made; but for the worke of their making, it is the Bishops priviledge, belonging to them alone by Divine right. aSamuel Hoards Sermon, pag 7. By the Church I meane the Churches Pilots, who sit at the sterne; Heads and members divide al bodies Ecclesiasticall and civill, what ever is to bee done in matters of direction and government, hath alwayes beene, and must bee the sole prerogative of the heads of these bodies, unlesse we will have all Common-wealths and Churches broken in peeces. Ibid. pag. 8. The key of jurisdiction, which is a power of binding and loosing men, in foro exteriori, in the courts of justice, and of making lawes and orders, for the government of Gods house, is peculiar to the heads and Bishops of the Church. Ibid. p. 31. What was Ignatius and Ambrose, if we look at their authoritie, more than other Bishops of the Church: That libertie therfore which they had to make new orders, when they saw …, have all other Prelates in their Churches. Edward Boughanes Serm. pag. 17. Submit your selves to those that are put in authoritie by Kings, so then to Bishops, because they are put in authoritie by Kings, if they had no other claime. But blessed be God, they hold not only by this, but by an higher tenure, since all powers are of God, from him they have their spirituall jurisdiction what ever it be. S. Paul therefore you see assumes this power unto himselfe, of setting things in order in the Kirk, before any Prince become Christian, 1 Cor. 11. 34. The like power hee acknowledgeth to be in …. 1. 5. and in all Bishops, Heb. 15. 17. Ibid. pag. 18. Kings make lawes, and Bishops make canons. This indeed it was of necessitie in the beginning of Christianitie, Kings made lawes for the State, and Bishops for the Kirk, because then there was no Christians Kings, either to authorize them to make such laws, or who would countenance the when they were made. But after that Kings became nourishing sathers to the Church in these pious & regular times, Bishops made no Canons, without the assent & confirmation of Christians Kings, & such are our Canons, so made, so confirmed, Chounei collect. p. 53. Reges membra … & filios Ecclesiae se esse habitos, rejecisse, contempsisse non … audivimus; obediunt, simulque regnant: Jura quibus gubernari se permittunt, sua sunt, vitalitatem nativam ex praepositis Ecclesiae, tanquam ex corde recipiunts & … ex ipsis tanquam ex capitibus derivant. Sam. Hoards p. 9. Nor did they exercise this power, when they were in Counsell only, but when they were asunder also: speaking of Apostles as they are paterns to all Bishops.2. That in a whole kingdome, the Bishops alone, without the privatie of any of the Clergie, of any of the Laity, may abolish all the Ecclesiasticall judicatories, which the standing and unrepealed lawes, which the constant customes, ever since the reformation had setled, and put in their roomenew forraigne Courts, which the kingdome had never knowne, scarce so much as by their name. bOur Church Sessions, our weekly Presbyteries, our yearly generall Assemblies, whereof by our standing lawes we have been in possession, are close put downe by our book of Canons, and in their roome Church-Wardens, officiall Courts, Synods for Episcopall visitation, and generall Assemblies to bee called when they will, to be constitute of what members they please to name, are put in their place.That at one stroke they may annull all the Acts of three or fourescore Nationall Assemblies, and set up in their roome a Book of Canons of their owne devising. cSo is their booke entituled, Canons and Constitutions Ecclesiasticall ga hered, and put in forme, for the government of the Church of Scotland, and ordained to bee observed by the Clergie, and all others whom they concerne.That they may abolish all the formes used in the worship of God, without any question for threescore yeeres and above, both in the publicke prayers, in the administration of the Sacraments, in singing of Psalmes, in preaching the Word, in celebrating of marriage, in visiting the sicke, and in ordination of Ministers: neither this alone, but that it is in their hand to impose in place of these accustomed formes, foure new Bookes of their owne; of Service, of Psalmes, of Ordination, of Homilies. All this our Bishops in Scotland have done, and to this day, not any of them to our knowledge can bee moved to confesse in that deed, any faile against the rules either of equity or justice, what ever slips of imprudence there may bee therein. And all this they have done at my Lord of Canterburies direction, as we shall make good by his owne hand, if ever we shall bee so happy as to be permitted to produce his owne authentick autographs, before the Parliament of England, or any other Judicatorie that his Majestie will command to cognosce upon this our allegeance. Readily Rome it selfe cannot be able in any one age to parallell this work which our faction did bring forth in one yeare. It is a bundle of so many, so various, and so heavie acts of tyrannie. Certainly, England was never acquaint with the like; we see what great trouble it hath cost his Grace, to get thorow there one poore Ceremonie of setting the Communion Table Altar wayes; for there themselves dare not denie, that it is repugnant to the established Lawes of their Church and state for any Bishop; yea, for all the Bishops being joyned, to make the poorest Canon without the voyces of their Convocation house, or nationall Assembly; yea, without the Parliaments good pleasure. dWhites Examination of the dialogue, pag. 22. By the Lawes of our Kingdome, & Canons of our Church, many learned persons are appointed to be assistants unto Bishops, & in our nationall Synods, in which al weightie matters concerning religion are determined, nothing is, or may be concluded, but by the common vote and counsell of the major part of the convocation which consisteth of many other learned Divines, besides Bishops. Andrews Sermon of Trumpets, dedicated to the King by Canterburie. As for the Churches Lawes, which we call Canons or rules, made to restraine or redresse abuses, they have alwayes been made at Church Assemblies, and in her owne Councels, not elsewhere. Heylens antid. pag 29. I trow you are not ignorant that the Kirk makes Canons, it is the work of … men in their Convocations, having his Majesties leave for their conveening, and approbation of their doings. His Majestie in the Declaration before the articles hath resolved it so, and the late practice in King James his raigne, what time the book of Canons was composed in the Convocation, hath declared it so too.3. They avow that all their injunctions though so many and so new, yet they are so holy and so just, that the whole kingdome in conscience mustembrace them all as the commands of God. eWhites Examination, pag. 20. telleth us as it were from Eusebius, Quicquid in Sanctis Episcoporum … decernitur, id universum divinae voluntati debet attribui. And from Bernard, Sive Deus, five homo vicarius Dei mandatum quodcunque tradiderit, pari profectò obsequendum est oura, pari reverentia suscipiendum: ubi tamen Deo contraria non praecepit homo.That whoever will be so peart as to affirme in any one of them, the least contrariety to the Word of God, he must have no lesse censure then the great excommunication, from which he must never be relaxed but by the Bishops own mouth, after his publick repentance and revocation of so vile an errour. fBook of Canons, pag. 8. Whosoever shall hereafter affirm, that the forme of worship contained in the booke of Common Prayer, that the rites and ceremonies of the Church, that the government of the Church by Arch-Bishops, Bishops, and others, that the forme of consecrating Arch-Bishops, Bishops, Presbyters, and Deacons, as they are now established under his Majesties authoritie, doe containe in them any thing repugnant to the Scriptures, or are corrupt, superstitious, or unlawfull in the service and worship of God, let him bee excommunicate, and not restored, but by the Bishop of the place, or Arch-Bishop of the Province, after his repentance, and publike revocation of such his wicked errours.That his bodily and pecuniall penaltie shall be at the free-will and discretion of the Bishop. gBook of Canons, pa. 37. In all this book of Canons, wheresoever there is no penaltie … set downe, it is to bee understood, that, … the crime or offence be proved, the punishment shall bee arbitrary, as the Ordinary shall think fittest.That the worthiest men of any liberall profession get favour to lose but their eares, to have their nosesslit, and cheeks burnt for contradicting their innovations. hCanterhuries Starre Chamber speech in his … to the King, I shall rather magnifie your elemencie, that proceeded with those offenders, Burton, Bastwick, Prinne, in a Court of MercieMercy, as well as Justice; since as the reverend Judges then declared, yee might have justly called the offenders into another Court; and put them to it in a way that might have exacted their lives.That the furthest banishments for tearme of life, is a priviledge which their indulgence may grant but to few. iThe world …, that numbers who have beene flying from Episcopall tyrannie out of England, to the very new found lands, never to returne, have been by violence kept back, and cast in their prisons: and we see daily, that numbers not onelyonly of men, but even of silly women are drawne back in Ireland from their flight out of the Kingdome, to close prisons.That the vilest dungeons, irons, whippings, bread and water, chaining to posts without all company, day or night in the coldest and longest winters, is but a part of their opposers deserving. kHuntly in his Breviate reports, as a known case among many other, this one also, that M. John Hayden, a poor Devonshire Minister, for preaching at Norwich a Sermon, wherin he let fall some passages against setting up of images, and bowing at the name of Jesus, was apprehended like a Traytour, with the Constables bils and halberds by D. Harsnet then Bishop, and brought manacled to him like a Felon, and committed to the common Jayle close prisoner, above thirteene weeks, where he was like to starve; the Bishop having taken from him his horse, papers, and all, thereafter he was sent by a Pursevant to London, and kept two full Terms. At last, by the high Commission he was deprived of his orders, therafter the high Commissioners imprisoned him in the Gate house common dungeon, & Canterbury sent him to be whipt to Bridewell, and there kept him all the long extreme cold winter in a dark cold dungeon, without fire or candle-light, chained to a post in the midst of the roome, with heavie … on his hands and feet, allowing him onelyonly bread and water, with a pad of straw to lye on: And since on his reliefe hath caused him to take an …, and give band to preach no more, and to depart the Kingdome within three weeks, without returning; and all this for preaching after his first unjust deprivation, though … exception was taken against his doctrine. Thu much in the Breviate is printed of Hayden: if the man be roguish, as some indeed say he is, I am utterly ignorant of his manners: but hereof no man is ignorant, that the Episcopall censures lets slip in men who loves their cause, manners of the most vile villains, as appears well this day in many a black be presented to the Committee of Parliament for scandalous Ministers: also that the cruelty of Bishops hath crusht to the verie death, with povertie, banishment, cold and famine in prisons, many whose lives were never spotted with the allegeance of any crime, but opposition to their ungratious Lordships; the Remonstrants can make it appeare by too too many examples.That the greatest Nobles of the Land, ought in Law to forfeit their Life and Estate, if they be so bold as to put their hand to a supplication unto their gratious Prince against their practices. lSundry of our prime Earles and Lords did present a supplication to our King, after his Coronation, wherein the matter of their greatest complaint was, so far as ever wee heard, their challenging of the Bishops for what they had done, and were likely to doe. The double of this privie supplication being privily convoyed by an unfriend, some two or three yeares thereafter, out of my Lord Balmerinochs chamber, was a ditty for which he was condemned to dye, for an example to all other Noble Men to beware of the like rashnesse, especially his Fellow-supplicants, who are all declared to have deserved by that fault the same sentence of death. Large Declaration, pag. 14. Nor could they have found the least blemish in our justice, if we should have given warrant both … his sentence and execution, whose life was now legally devolved into our hands. Ibid. p. 13. We were graciously pleased, that the feare and example might reach to all, but the punishment only to one of them, to passe by many, who undoubtedly had been concluded, and involved by our Lawes in the same sentence, if we had proceeded against them.That all this is but just severity, and the very expedient meane to advance their cause, which they glory hath well neere already close undone their opposites, mStudley about the end of his wicked story avowes, that since by severe punishment the number of the unconformists have decayed, that their cause cannot be from Godand which they boast shall still bee used. nCanterburie in his Epistle to the King before the Star-Chamber speech, having magnified the Kings merciemercy, for saving the life of Burton and his companions, is bold to advise the King not alwayes to be so mercifull, in these words, Yet this I shall be bold to say, that your Majestie may consider of it in your wisdome, that one way of government is not alwayes either fit or safe, when the humours of the people are in a continuall change, especially when such men as those shall work upon your people, and labour to infuse into them such malignant principles, to introduce a paritie in the Church or Common-wealth. … non satis sua sponte … instigare. Heylen in his moderate answer, pag. 187. … many reasons and examples, to prove that Bourton and his like deserved no lesse than publike execution: And yet these men are so gentle to Papists, that they glorie in their meeknesse towards them, professing that to the bitterest of the Jesuites they have never given so much as a course word. So Canterburie in his Epistle the other yeare to the King, before the relation of the conference, God forbid that I should ever offer to perswade a persecution in any kind against the Jesuites, or practise it in the least, for to my remembrance I have not given him or his so much as … language.But alas it is gone now beyond boasts, when they are the second time upon the very poynt to kill millions of the Kings best Subjects, to dash together all his dominions in a bloody warre, as pitchers one upon another, for the confirmation of their intollerable tyranny, where long it hath beene tottering, and the reerection of it where its owne unsupportable weight hath caused it to fall.
As for the power of Princes, the most of those King Charles hates all tyranny.this day who are Christians, and especially our gracious Soveraigne, are very well content to bee limited within the bounds of the lawes which themselves and their predecessors have setled in the Church and State of their dominions, to make the preservation of those Lawes and of their subjects liberties Ecclesiastick and Civill, according to them, the greatest glory of their prerogative Royall. oHis Majesties speech in Parliament 28. p. 75. The peoples liberties strengthen the Kings prerogative, and the Kings prerogative is to defend the peoples liberties.To give assurance of their resolution never to abolish any old, or bring in any new act, either in church or state without the concurrence of Assemblies and Parliaments. pProclamation at York, April 25. 1639. We heartily declare and faithfully promise, that although wee bee now in armes, they shall be no wayes used either to force upon that our native Kingdome any innovation of religion, or to infringe any of the civill liberties, or the lawes thereof, accounting it our glorie to preserve libertie and freedome among them, according to their Lawes. Therefore wee … once againe by this renew our former promises for the maintenance of Religion and Lawes, and this we doe in all sinceritie of heart, we take God the Searcher of all hearts to witnesse, that as we are Defenders of the true Protestant Religion, which we from our heart professe; so we trust, we shall by his goodnesse continue in the same, and never shall permit any innovation to … in this, or any other of our Kingdomes. One of the articles of Dunce pacification is this: We are further graciously pleased, that according to the Petitioners humble …, all matters Ecclesiasticall shall be determined by the Assemblies of the Church, and matters … by the Parliament, and other inferiour Judicatories established by Law, which accordingly shall be kept once a yeare, or so oft as the affaires of the Church and Kingdome shall require.Neither to impose any taxation on their subjects goods without their free consent thereto given by their Commissioners in Parliament, qCant. relat. p. 112. In some Kingdomes there are divers … of greatest consequence, which cannot be finally and bindingly ordered, but in and by Parliament; and particularly the Statute Lawes, which must bind all the Subjects, cannot bee made or ratified but there, the supreme Magistrate in the civill State may not abrogate Lawes made in Parliament, thogh hee may cispense with the penaltie of the Law quoad hic & nunc.the extending of the prerogative to the making of new lawes, or abolishing of old, to the imposing of taxes by simple proclamation without Parliament, our Prince doth so farre abhorre, that he condemned a certaine writ for importing his Majesties entertainment of such motions; yea, his Majestie by his Attourney generall called the Earle of Bedford and other noble personages to censure, for keeping such a writ wherein did lye so pernicious positions. rThe which seditious discourse and writing, the authors therof intended should bee dispersed, as if the same had beene entertained by your …, with purpose to put it in execution, and to alter the ancient Laws of this Kingdom, and to draw all things to your Majesties absolute will and pleasure, and to dispose of your Subjects goods without their consent, and to make and repeale Lawes by your Majesties Proclamation only, without consent of Parliament, which if it should be beleeved by your people, could not but raise infinite discontent amongst them, the consequence whereof might be of extreme and almost inevitable danger to your Majesties person, and to the whole frame of the Kingdome.Where some Princes misled through passion and mis-information have deviat so far from the path of justice, as to intend by violence and armes the overthrow of the true religion and ancient liberties of their subjects, the opposition which the subjects are forced to make in this case against the oppression of their Prince, our gracious Soveraigne hath been so farre ever from counting of it rebellion, of which crime the greatest royalists in England wont alway to absolve it, sBilson of Subjection, p. 280. Neither will I rashly pronounce all that resist to be Rebels: Cases may fall out even in Christian Kingdomes, where people may plead their right against the Prince, and not be charged with rebellion: As for example, if a Prince should go about to subject his Kingdome to a forraine Realme, or change the forme of the Common-Wealth from Emperie to Tyranny, or neglect the Lawes established by common consent of Prince and people, to execute his owne pleasure; in those and other cases which might be named, if the Nobles and Commons joyne …, to defend their ancient and accustomed libertie, regiment, and lawes, they may not well be counted Rebels. Ib. By superiour powers ordained of God, we do not meane the Princes private will against his lawes, but his precepts derived from his lawes, and agreeing with his lawes; which though it be wicked, yet may it not be resisted by any subject with armed violence; but when Princes offer their subjects no justice but force, and despise all lawes to practise their lusts, not any private man may take the sword to redresse the Prince; but if the lawes of the land appoint the Nobles, as next to the King, to assist him in doing right, and withhold him … doing wrong, then bee they licenced by mans law, & so not prohibited by Gods Law for to interposethemselves for the safeguard of equitie and innocencie, and by all lawfull and needfull meanes to procure the Prince to bee reformed, but in no case to deprive him where the Scepter is inherited. Ibid. pag. 94. Spoiles, massacres, conspiracies, treasons, even to the destruction and murther of Princes by their owne servants, if a Priest say the word, you count in your selves to bee just, honourable, and godly war: if others do but … on their guard to keep their lives and families from the blinded rage of their enemies, seeking to put whole townes and provinces to the sword, against all law and reason, and to disturb Kingdomes in the minoritie of the right Governours, or if they defend their Christian and ancient liberties, covenanted and agreed upon by those Princes to whom they first submitted themselves, and ever since confirmed and allowed by the Kings that have succeeded. If in either of these two cases the Godly require their right, and offer no wrong, neither impugne their Princes, but onelyonly save their owne lives, you crie rebellious Hereticks, rebellious Calvinists, surie, frenzie, mutinie, and I know not what, yee may pursue, depose, murther Princes when the B. of Rome bids you, and that without breach of duty, law, or conscience to God or man; as you vant. And that when neither life nor limme of you is touched, we may not so much as beseech Princes that we may be used like subjects, not like slaves, like men, not like beasts, that we may be convented by lawes before Judges, not murthered by Inquisitors in corners, but incontinent the fume of your uncleant mouth is ready to call us by all the names you can devise.that his Majestie hath thought meet before all Europe after the example of his glorious Father, and renowned predecesrix Elizabeth, to give his countenance, aid, and powerfull assistance to them all, when their just grievances and feares were laid out before his Throne. If so be King Charles had esteemed the late wars in France of the protestants against their king, the present wars of Holland, and of the high Dutches against the Spaniard and Emperour an unlawfull defence, let be a trayterous insurrection of Subjects against their Soveraignes; Weepresuppone his Majesties justice would have beene loath ever to have defiled his Scepter by supporting them all with men and moneyes, as oft he hath done, and yet doth avow the deed.
While our gracious prince is so farre inflamed with The Canterburians flatter the King in much more power than ever he will take: And … him without advice of the Clergy, to doe in the Church what he pleaseth.hatred against all tyranny, yet behold this wicked fiction how carefully they goe about by all the meanes they can, to draw his royall mind to that which naturally it doth so much abhorre: For they tell us first, that the power of all true Kings is so simply absolute and illimitate, that for any man to reason what they may not, is a crime no lesse than treason; that they are far above all Law. tH … … answer, p. 28. What spirit leads you that you are … with … Power, which men of better understanding than you, have given to Princes. Ib. p. 32. Princes are Gods deputes, of whom should they be limited? if ye say by the Laws of the land, those themselves have made, a prince in … is above the lawes, though in concreto, a just prince will not breake the lawes which himselfe hath promised to observe, otherwise wee say of princes: Principi lex non est posita, that they doe not governe onelyonly by the …, but are above it, that he is sure and hath an absolute authority. Ibid. p. …. I will be bold to tell you that as it is a kind of Atheisme to dispute pro & contra, what God can doe, and what he cannot, though such disputes are raised sometimes by unquiet …; so it is a … of disobedience and disloyalty to determine what a King can, and what he cannot. … p. 3. Hence it is, that princes being Legislators are above their Laws, and dispence with them as they thinke expedient. A prince is not bound to his owne Lawes, because no man can impose a law upon himselfe. Aberdeen duplyes p. 22. The King is above the Law as both the author and giver of strength thereto.2. That the Oath which a Prince makes to keepe the Lawes is but a personall deed, which cannot oblige his successor, that his Oath and promise at his Coronation to keepe the Lawes, is to be exponed of his resolution to make his lawes to be keeped by others: That all the oathes and promises he makes at his coronation are but of his meere free-will and arbitrement, that by them all no true covenant or paction can bee inferred betwixt the King and his subjects. wDominus Joannes Wemius de Craigtoun, a man advanced by our Bishops to be a Lord both of Councell and Session in his booke de primatu Regis printed at Edinburgh 1623. And going among them to this day with applause p. 18. Sed quid si princeps leges statuat adhibito etiam jurisjurandi sacramento, velin sua inauguratione promittat, se leges non … absque populi ordinumque non modo consilio, sedetiam consensu ac determinante sententia, fiquidem non suerit haec in prima regni constitutione conditio & … ac … regni … non sit (quo casu dicerem non proprie esse regnum, sed … ocratiam, vel democratiam) sed post regni constitutionem pactum … sit Regis …, etiam si forsan pollicentem … obliget, quoniam praestanda est fides data … sine fide licet, non fine … regnet: successores tamen in regno quomodo constringet vix intell gimus, … si … a quoque sit ut ait …, & … omn is ea pactio quae inter patrem & filium, maritum & …. dominum & … regem & … celebratur, quod … hos audientes esse. lb. p. 39. Audemus dicere in … supra leges esse …, nemo enim fibi Legislator, virdex aut …, d stinctio non probanda principem quoad vim legum … coactivam legibus subditum esse, non enim mag is dirigere quam cogere seipsum … quis, … actio omnis sit inter agens & patiens. lb. 41. Si … suas se observaturum … obligaverit princeps, quod raroaut nunquam fit, eriamsi soleat princeps quisque legum suarum observationem hoc sensu promittere, id est, … a … observentur se effecturum, ad earum observationem teneri eum …, … religion is potius quam justitiae legalis observatione.3. That the prince alone is the Law-giver, both in Church and State. x… Wemius, p. 26. Legum latio pr … est supremae dominationis ac majestat is caput. lb. p 74. Legum ecclesiasticarum principes latores sunt, nec differunt à civilibus ecclesiastica ratione causae efficient is.4. That in matters Ecclesiasticall they themselves alone without the advice of any of the Clergie may lawfully make what Canons they please, and compell their Clergie to embrace them. yIohannes Wemius, p. 59. Potestatem in ecclesiasticis foreign posse a principibus jure suo extra concilia exerceri decent, quas ita tulerunt leges … atque … Regis legibus ecclesiasticis quae legi divinae non repugnant, nequit quis bona cum conscientia obedientiam detrectare, quam vis non … ad … constitutionem Pastorum Ecclesiae corsensus. Ib. p. 93. Etiamfi extra concilia jubendi autoritatem habeat Princeps, tamen libentius obsequuntur … principum statut is, quibus past orum in conciliis honorantur judicia.5. That it is a part of the Kings prerogative to have power to impose upon all his Subjects such Confessions of Faith, such Liturgies, such Canons as he thinks meetest without the advice of any Church Assembly. zLarge Declaration, p. 222. Did not we and our Councell by equall authoritie command these innovations of Canons and Liturgie? Was not then the Prelates practice of them as well warranted as this confession of faith, and the band annexed, which were never brought in by Acts of Parliament, or Assembly; but meerely by our royall Fathers …, and put in execution by the authoritie of his Councell?6. When it is his pleasure to call an Assembly, the members of that Ecclesiastick Court are onelyonly such as hee is pleased to call, whether of the Clergie or of the Laity. &Iohannes Wemius, pag. 66. Laicos saepè a principilius advocatos in Concilia videre est; quibus non modo consultivam, sed & difinitiv im … permitterent. Iste fuit electionis mittendorum ad Conciliae modus, ut … praesulibus quos … mittendi liberam plerumque potestatem permitteret princeps, quod illis exploratius quam sibi esset qui ad eam … aptiores: Non quod princ pi penitus neganda sit, quod autumant nonnulli, particular is personarum quae … eum Leges Ecclesiasticas laturum adjuvent designatio. … ud enim esset principum juri detrahere. Ex singulis … moderatus … numerus eruditorum ac prudentiorum Presbyterorum, Diaconorum, & Laicorum a Principe aut Metropolita Principis delegato ….7. That when they are called onelyonly the Princes voyce is decisive, the voyce of all the rest at most but consultive, or if any of them become decisive, it is by the Princes favour, or at least permission. aIohannes Wemius, p. 89. … habent vocem Pasto … tanqu im juris divini consulti, desinitivam princeps ut judex; dante illis consilii, his judicii potestatem legislatore Deo, penes quem solum summa in spiritualibus imperii residet. lb. p. 70. Vocem habere qui congregartur Presbyteros non qua Presbyteri, … qua ecclesiarū sunt legati a principe vocati. Ibid. pag. 74. Definitiva … dictio corum est, qui a principe summo moderatore cos corsulente, vocemque … dante vocantur. lb. Asserimus non agitata in conciliis fuisse saltem quae majoris momenti essent negotia, nisi quaterus ca princeps per legatos proponeret, aut patribus descripta ….8. That Church Assemblies are onelyonly politick Conventions, not grounded upon any Divine right, and so to bee used, or disused as the prince shall thinke expedient. bIohannes Wemius, p. 126. … in Scriptura mandato … concilia celebrandi mos; sed a principibus … curam … bus, & cum non essent principes, a pastoribus ipsis volentibus ortum habuit.9. That it is in the power of all Soveraignes, whether Monarchick, Aristocratick, or Democratick, to appoynt for the government of the Church in their dominions such Officers and Spirituall Courts, as they finde most meet, and agreeable to their temporall estates, to erect Bishops, and put downe Presbyteries, to erect Presbyteries, and put downe Bishops. cIohannes Wemius, p. 78. & 79. Officiorum Ecclesiae modus foreign est, & a principe pastores Ecclesiae non corsulente … posse affirmamus, … cum serenissimo nostro … sammis quibusque imperitantibus concessum esse externam in ecclesiasticis regiminis formam suis pra scribere, quae ad civilis administrationis modum quam proxime accedat, dummodo a fide veraeque religionis fundamentis ne tantillum abscedat.10. That all this power to conclude every ecclesiastick affaire which can bee subject to the jurisdiction of any ecclesiasticall Synod doth belong alike to all Soveraignes, whether Turkish, Iewish, Pagan, Hereticall, or Christian and Orthodox.dIohannes Wemius, p 124. … confertur … jurisdictionis potest as per regium quod a Deo habet … Regi tantum Christiano aptitudo eâ recte utendi Christi gratia donetur. Tametsi primatus … administret Rex …: Primatus tamen jus, officii seu vecatioris, … facultatis aut exercitii ratione Rex obtinet. Quae Regi supervenit gratia regiam in …, non facit potestatem, non …, nec expellit gratiae internae, nedum professionis externae defectus.
Concerning the Kings power in matter of State, They give to the … power to do in the State what ever he will, … the advice of his parliament.they teach first, that a Parliament is but his arbitrarie Councell, which in making or annulling of his Lawes hee may use or not use as hee pleaseth. e… Wemius, page 17. … putandum est, quia solet … ex modesta & prudenti virium suarum dissidentia non nisi de or dinum … leges ferre, absolutam ideo ei imponiejusque successoribus necessitatem illorum … corsersus, ac si nullo modo … perse, sine corundē …, bonas edere …, quibus qua quaeso conscientia non parebunt omnes, … pag. 19. In Monarchia … voluntas de substantialegis est: praevia cum populo …, & si utilis imò … sit, … tamen non est. … cum imperatore … dicendum videtur; explosis ridiculosis ambiguitatibus, verum conditorem & interpretem legum esse solum …, & ligem legislatoris, non …, non ex vi con sensus & …, sed ex regia … viobligantem. …. pag. 8. Non … Juristarum …, qui … in … ron obligare legem nisi à … acceptetur, cum mon … fit legislator, & lex … qua lex obliget, … ut ad eam …, dam, cogendi fint … post legis à … publicationem, temporisque quoad populi notitiam … sufficientis lapsum, potest … publica legis observatio praecise ingeri Heylens …. p. 66. The declaration of his … pleasure in the case of S. Gregorie is to bee extended to … other cases of the same nature. It is a maxime in the civill law, Sententia Principis, jus dubium declarans, jus sacit quoad omnes. Item Quodcunque imperator per … constituit, vel … decrevit, legem esse constat. Id in his moderate answer pag. 29. OnelyOnly these commands of the King are to be refused, which are directly against Scripture, or include marifest impiety. He learned this from his opposite the Lincolneshire Minister, pag. 68. I say that al commands of the King that are not upon the clear and immediate inference without all prosyllogismes, contrary to acleare passage of the word of God, or to an evident Sun-beame of the law of nature, are precisely to bee obeyed; nor is it enough to finde a remote and possible inconvenience that may ensue.2. When hee is pleased to call a Parliament, it is his due right by his letter to ordaine such Barons to be Commissioners for the Shires, and such Citizens to bee Commissioners for Burrowes as hee shall bee pleased to name. f… Wemius page 23. … ut & civium ad Comitia delegatos, non ita absolutè à Baronum vel Civium … pendere volumus, ut non possit Rex, quos … maxime idoneos censuerit eligendos …, praesertim … pro legibus ferendis … quae administrationis … publicae statuendis … sunt, in quibus liberum denegare regi … quos … quibuscum deliberet sibi in …, esset ex Rege non …, statuumque voluntati ad Regiae depressionem eminentiae nimis ….3. That hee may lawsully exact when he hath to doe what portion of his subjects goods hee thinks meet, and by himselfe alone, may make such Lawes for exactions in times to come, as seemes to him best. gJoannes Wemius page 19 Omnia fatemur … in regno sunt regis esse, quarex est, … est, qua … regui dominus, adeoque qua … ipsius qua rex est, aut publica regni conditio, posse regem de … bonis disponere, praesertim ubi omnes in regno terrae in feuda concessae fuerint à rege, aliquod penes se dominium retinente. Id. p. 17. Licet non de jure omnium bona exigendo, tamen dejure in omnes leges ferendo, sine omnium consenso statuere potest. Montag. orig. p. 320 Omni lege, divina, naturali, nationali, vel politica licite semper reges & principes suis subditu tributa & …, & licitè quoque exegerunt, cum ad patriae, & reipublicae defensionem, tum ad ipsorum & familiae honest amprocurationem. Hanc doctrinam accurate tuetur ecclesia … in qua sacerdotes licet magis gaudere & soleant, & debeant, immunitatibus tamen & frequentius, & exuberantius, & libentius, quam … dec marum decimas, subsid a, annatas primitias ….4. That no subject of his Kingdome can have any hereditarie jurisdiction, but any jurisdiction that either any of the Nobilitie, or any other Magistrate or Officer possesseth, they have it alone during his pleasure; that at his presence, the power of all others must cease, and at his death evanish, and be quite extinguished, till by his successors by new gift it bee renewed. hJoannes Wemius, page 136. Cum regis sit insuo regno judices, & Magistratus constituere, qui ipsius sint in judicando, & jubendo vicarii, potest rex … judicandique jus ac Mag stratus judicesque constituendt potestatem … prout regno utile esse visum ei fuerit abutent … us auferre, & nulla … est sub Rege patr monialis & haereditaria jur sdictio, Rege solo jurisdictionem tanquim propriam habente, aliisque quibus eam non dat, sed communicat, tanquam depositam …. Igitur non ut terras, ita & jurisdictionem simpliciter, & ut loquuntur privative, Rex alienare potest, nisi Rex esse …. Ibid. page 157. Siiudices sint principum vicarii, … est eorum principe praesente potest as, cum solius absentis teneat … & si quae est alicubi, & …, ron nisi jus est, judicium regium volente Rege declarandi; ut ita ex jud … ore proferatur Regis sententia. Ibid. page 17. In … non tam … psis quam ass stent bus imperium exercet Rex, quandoquidem praesente …, … omnium … derivata, ut fluviorum … nomen & potestas, cum in mare … Ibid. pag. 143. Principis occasu … omnium tam … quam delagatorum jus. Negari non potest tam apud Romanos quam altos in usu suisse, ut qui in demortuorum succederent locum reges, … regnorum guberracula capesserent, … iudicumque …, ut ostenderetur … regibus nullam esse inferiorum authoritatem, …, … tacitè ….5. That Scotland is a subdued Nation, that Fergus our first King did conquer us by the sword, and establish an absolute Monarchie for himselfe and his heires, giving to us what Lawes he thought meetest. iCorbet, p. 45. There was no law in the Kingdome of Scotland before … gave it: for … Fergus his … wee were … hominum agreste, sine legibus, … imperio. Hee and his Successors gave lawes. ibid. … did conquer us.6. That all the Lands in Scotland were once the Kings propertie, and what thereof hath beene given out for service, yet remaines his owne by a manifold right. kCorbet, p. 25. Fergus & his Successours divided the whole land which was their owne, and distinguished the orders of men, & did establish a … t: This is cleare ex … regiis, ubi satis constal regem esse dominum omnium … directum, omnes subditos esse ejus vassallos, qui latifundia sua ipsi domino referant accepta, sui … obsequii, & servitii praemia.7. That to denie any of the named parts of this power to the King, is to destroy his Monarchike government, to dethrone him and make him no King, to subject him to his people, and make them his Masters, or at least Collegues in the Empire. lIoannes Wemius, p. 18. Quo casu dicerem nonpreprie esse regnum, sed ar stocratiam vel democratiam. Ibid. p. 23. Hoc esset ex rege non regem cum facere. Ibid. p. 38. Quodsi alicubi non habeat rex potestatem leges ferendi, nisi ex … comitiis consensu, & sic fundamentaliter limitata, proprie Rex non est, ac non tam acceptans est populus quam cum Rege, … collega legem ferens. Ibid. p. 53. Non est imperium illud vere …, sed principatus quidam, & imperans ille, non Monarcha aut. Rex, sed tantum Princeps, & ut Venetorum Dux residente in opt matibus, aut populo … summa.But thankes be to God that our gracious prince hath so oft declared himselfe to bee farre from all such thoughts; yea, that my Lord of Canterburie himselfe, is forced whiles to let drop from his fingers cleane contrarie maximes.mRelat. of the Conference, pag. The Statute Lawes which must bind all the Subjects, cannot be made but in, and by Parliament: the supreme Magistrate in the civill state, may not abrogate Lawes made in Parliament. Ibid. pag. 158. Tiberius himselfe, in the cause of Silanus, when Dolabella would have flattered him into more power than in wisdome he thought … then to take to himselfe, he put him off thus: No, the Lawes grow lesse when such power enlargeth, nor is absolute power to bee used, where there may be an orderly proceeding by Law.
Lastly, they teach us in the matter of resistance, In no imaginable case, … wil have Tyrants resisted.first, that doe the Prince what hee will, he may never be resisted by any or all his Subjects, that not onelyonly a private man must give over all defence, though most innocent of his owne life against the prince his unjust violence; nIoannes Wemius, pag. 21. Teneri videtur subditus seipsum fame …, ut principem salvaret, propter conservationem boni publici. singulis adempta est adversus principem quae naturalis dicitur iuris defensio, scu iniuriae depulsio.but the whole State can doe nought without rebellion against GOD, but flee or suffer, when the prince, whether by himselfe or his Officers doth destroy the true religion established by all Lawes, and the liberties of the Land, deare bought of old, and peaceably brooked in many ages, also the lives of many thousands of the best Subjects, without the pretence or colour of any just cause. oCanterb, relat. p. 205. Where the foundations of the faith are shaken by Princes, there there ought to be prayer and patience, but no opposition by force. Aberdeens Duplys, pag. 25. The way for all Christian Subiects to conquer Tyrants, and the remedy provided in the New Testament against all persecutions, is not to resist powers which God hath ordained, lest we be damned, but with all … to suffer that we may be crowned. It is evident by Scripture, that it is unlawfull for Subiects in a Monarchicall estate, to take armes for religion, or for any other pretence, without warrant from the Prince. The renow ned Thebaean Legion of 6666 Christian Souldiers, without making resistance as they had strength to have done, suffered themselves rather to be slaine for their Christian profession by the Officers of Maximinian, the Emperours executors of his cruell commandements against them. Corbet, p. 42. For your examples from reformed Churches, since we live not by examples but by …, I will not stand upon them, from facts to prove the lawfulnesse of resisting is ridiculous; none of those by resisting, gained so much as by suffering, as experience too late doth thew.Againe, that all this subjection must be used, not onelyonly to our native King, but to any forraine usurper who can get footing among us, and it were the Kings of Spaine, as their predecessors the hereticall Gothish Kings got footing in the Roman Empire. p… …, pag 29. Such was the doctrine and practice of many other great lights, which shined in the … of Iulian the Apostate, and in the dayes of the Arrian …, and Gothick Arrian Kings.That even against them, the States of a Land with a good conscience could use no defence, though before their eyes, they should see them execute the cruell tyrannies of Nebuchadnezzar, put out the eyes of the King, kill … Children, lead himselfe and his Nobles away to a far land in fetters: Though with Nero, qCorbet, pag. 26. Qui …, Caio …, qui Augusto, ipse & …, qui …, vel patri, vel filio, …; & ne per … ire …, qui Constantino Christiano, ipse & apostatae Iuliano. Ibid. pag. 36. If the Iewes in the dayes of Assuerus had beene of this new Scottish humour, when an utter extirpation was intended by Haman, both of themselves and theirreligion, they would have taken armes: but their prayers and teares were their defence in their greatest ….for their mere pleasure they should set the royallcitie in a faire fire, or execute the plot of … by murthering all the seed of the Iewes, all zealous protestants up and downe the land in one day. Such maximes exceedingly opposite to the honour of God, the safetie of the Kings person and Crowne, the welfare of the people, these men cause to bee printed and let them goe athort without any censure at these times, when by royall decreets, they have pulled into their hands the full commandement of all the presses, and the absolute jurisdiction over all the Book-sellers shops in the Kingdome, and … frequently theirzeale against any bookes that give but the least touch to their mitres, by inflicting no lesse censure than fire upon the books, pilloring and nose-slitting on the Authors, and whipping thorow the streets on the carriers.
All these extraordinarie prerogatives, whereby What they give to Kings, is not for any respect they have to Maiestie, but for their owne ambitious and … ends.the faction advanceth supreme Magistrates so neere unto God, and their favourites so far above the skies, rIoannes We … in his preface to the Duke of Buckingham, Reges in … sortem transcripti, cute & … tenus homines, reipsa boni genii censendi sunt, in quos ut bumanos Ioves divini honoris … pene & consortes, oculos animosque nostros desigi convenit. Tu Heros nobilissime coruscas, velut inter ignes Luna minores, quem in … augustioris gloriae … divina prorsus virgula constitutum nemo potest dissiteri.seeme to flow not from any love they carrie either to their crowns or the royall heads that beare them, but meerely out of their selfe-respect to their owne ambition and greed, that Soveraignty being advanced to an unmeasurable height, may be a statelier horse for them to ride upon, in their glorious triumphings above all that is called God. For otherwise, yee may see how farre they depresse all Soveraignes when they are layed in the ballance with themselves; they tell us that the King can bee no more the head of the Church, than the boy that rubs their horse heeles. sSmart Sermon, pag. 1. M. Couzins uttered these trayterous speeches in an open and affirmative manner, that the Kings Highnesse is no more supreme head of the Church of England, than the boy that rubs his horse heeles, and this as we are credibly informed, hath beene proved against him by the … of two sufficient witnesses.2. That the heart whence the native life and vigour of the Ecclesiastick Lawes doth flow, is alone the Bishops, and not the King. t…. supra cap. ult. A.3. That Kings and Emperours ought to reverence; yea, to adore Bishops, and to pay them tributes. w…. supra cap. 3. O.4. That everie Bishop is a Prince and a Monarch, as farre in dignitie above the greatest secular Prince, as the soule above the body, or God above man.xMontag. supra cap. tertio. (z)
FINIS.
Revised according to the ordinance of the generall Assembly, by me Mr. A. Jhonston Clerk thereto.
Edinb. 1. of April 1640.
End of the text · Robert Baillie, The Life of William Archbishop of Canterbury Examined (1643)