The Canterburians Self-Conviction, Chapter 8
The laſt Chapter, containing the Canterburian maximes of Tyrannie.
ONe of the great cauſes of Proteſtants ſeparation from Rome, is the tyrannie of the Romish Clergie, whereby they preſſe upon, the very 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 ſouls. 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 Soveraignitie, to tread under the feet of their domination; firſt the Subjects, and then the Soveraignes themſelves.
The tyrannous uſurpation of the Canterburians, are as many and heavie as theſe of the Romiſt Clergie.How much our men are behinde the greateſt tyrants 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 then in Synod: That ſome of the inferior clergie may bee called (if the Biſhops pleaſe) to give their advice, and deliberative voice; That the Prince may lend his power, for confirming and executing of the conſtitutions made; but for the work of their making, it is the Biſhops priviledge, belonging to them alone by Divine right.(a)Samuel Hoards ſermons. pag. 7. By the Chruch I meane the Churches Pilots, who ſit at the ſterne. Heads & members divide all bodies Eccleſiaſticall and civill, what ever is to bee done in matters of direction and government, hath alwayes beene, and muſt be the ſole prerogative of the heads of theſe bodies, unleſſe wee will have all common-wealths and churches broken in picees. Ibid. pag. 8. The key of juriſdiction, which is a power of binding and louſing men, in foro exteriori, in the coutts 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 cauſe, have all other prelats 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 clame. But bleſſed bee God; they hold not only by this, but by a higher tenor, ſince all powers are of God, from him they have their ſpirituall juriſdiction what ever it be. S. Paul therfore 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 Titus 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 Chriſtian Kings, either to authorize them to make ſuch lawes or who would countenance them when they were made. But after that Kings became nourishing fathers to the Church in theſe pious and regular times, bishops made no Canons, without the aſſent and confirmation of Chriſtian Kings, and ſuch are our Canons, ſo made, ſo confirmed, Chounei collect. pag. 53. Reges membra quidem & filios. Ecceſiae ſe eſſe habitos, reieciſſe, contempſiſſe nonnunquam audivimus, obediunt, ſimulque regnant: Iura quibus gubernari ſe permittunt, ſua ſunt, vitalitatem nativam ex praepoſitis Eccleſiae, tanquam ex corde recipiunt, & vivacitatem ex ipſis tanquam ex capitibus derivant. Samuel Hoards pag. 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 privitie of any of the clergie, of any of the laitie, may aboliſh all the Eccleſiaſtick judicatories, which the ſtanding and unrepealled lawes, which the conſtant cuſtomes ever ſince the reformation had ſetled, and put in their rowme new forraigne courts, which the kingdome had never known, ſcarce ſo much as by their name.(b)Our Chrurch Seſſions, our weekly presbyteries, our yearly generall Aſſemblies, whereof by our ſtanding lawes wee have beene in poſſeſſion, are cloſſe put downe by our book of Canons, and in their rowme Churchwardens, 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 fourſcore National Afſemblies, and ſet up in their roome a Book of Canons of their own devyſing.(c)So is their book entituled, Canons and Conſtitutions Eccleſiaſticall gathered, and put in forme, for the governement 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 yeares 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 be moved to confeſſe in that deed, any faile againſt the rules either of equitie or juſtice, what ever ſlips of imprudence there may bee therein. And all this they have done at my lord of Canterburies direction, as wee ſhall make good by his owne hand, if ever we ſhall be 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 alleadgance. Readily Rome it ſelf can not be able in any one age, to paralell this worke which our faction did bring foorth in one yeare. It is a bundel of ſo many, ſo various, and ſo heavie acts of tyrannie. Certainly, England was never acquaint with the like; wee 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 dar not deny, that it is repugnant to the eſtabliſhed Lawes of their church and ſtate for any Biſhop; yea, for all the Biſhops being joined, to make the pooreſt Canon without the voices of their convocation-houſe, or Nationall Aſſemblie; yea, without the Parliaments good pleaſure.(d)VVhites examination of the dialogue, pag 22. By the lawes of our kingdome, and Canons of our Church, many learned perſons are appointed to be aſſiſtants unto bishops, and in our nationall Synods, in which all 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 ſermons of Trumpets, dedicated to the King by Canterburie. As for the Churches lawes, which wee call Canons or rules, made to reſtrain or redreſſe abuſes, they have alwayes been made at Church aſſemblies, and in her owne Councels, not elſewhere, Heylens antidot. pag. 29. I trow you are not ignorant that the kirk makes canons, it is the work of Cleargie 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 Iames raigne, what time the Book of Canons was compoſed in the Convocation, hath declared it ſoo to. 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 muſt embrace them all as the commands of God.(e)VVhites examination, pag. 20. telleth us as it were from Euſebius, Quicqued in Sanctis Epiſcoporum conciliis decernitur, id univerſum Divina voluntati debet attribus. And from Bernard, Sive Deus, ſive homo vicarius Dei mandatum quodcunque tradiderit, pari profectó obſequendum eſt cura, pari reverentia ſuſcipiendum: ubi tamen Deo contraria non praecepit homo. That whoever will be ſo peart as to affirm in any one of them, the leaſt contrarietie 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.(f)Book of Canons, pag. 8. VVhoſoever shall hereafter affirme, that the forme of worship contained in the booke of Commoun Prayer, that the rites and ceremonies of the church, that the government of y Church by archbishops, bishops and others, that the forme of conſecrating archbishops, bishops, presbyters, and deacons, as they are now eſtablished under his Maieſties 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 be excommunicate, and not reſtored, but by the bishop of the place, or archbishop of the province, after his repentance, and publick revocation of ſuch his wicked errours. That his bodily and pecuniall penaltie ſhall be at the free will and diſcretion of the Biſhop.(g)Book of Canons, pag. 37. In all this book of Canons wherſoever there is no penaltie expreſſely ſet downe, it is to be underſtood, that, ſo the crime or offence bee proved, the punishment shall be arbitrarie, as the ordinarie shall think fitteſt. That the worthieſt men of any liberall profeſſion get ſavour to loſſe but their eares, to have their noſes ſlit, and cheeks burnt for contradicting their innovations.(h)Canterburies Star chamber ſpeach in his epiſtle to the King, I shall rather magnifie your clemencie, that proceeded with thoſe offenders, Burtoun, Bastmijck, Prinne, in a Court of MercieMercy, as well as Iuſtice; ſince as the reverend Iudges 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.(i)The world knowes, that numbers who have beene flying from epiſcopall tyrannie out of England, to the very new found lands, never to return, have beene by violence keeped back, and caſt in their priſons: and wee ſee dayly, that numbers not onelyonly of men, but even of ſillie women are drawn back in Ireland from their flight, out of the kingdom to cloſe priſons. That the vileſt dungeons, yrons, 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.(k)Huntly in his Breviat reports, as a known caſe among many other, this one alſo, that M. Iohn Hayden a poore Devonshire Miniſter for preaching at Norwich a Sermon, wherein he let fall ſome paſſages againſt ſetting up of images, and bowing at the name of Ieſus, was apprehended like a traitour, with the Conſtables bills and halberts by D. Harſnet then Bishop, and brought manacled to him like a fellon, and committed to the common Iayle cloſe priſoner, above thirteene weekes, where hee was like to ſterve; the Bishop having taken from him his horſe, papers, and all, thereafter he was ſent by a purſevant to London, and keeped two full tearms. At laſt, by the high Commiſſion he was deprived of his orders, thereafter the high Commiſſionars impriſoned him in the Gate houſe common dungeon, and Canterburie ſent him to be whipped in Bredwall, and there keeped him all the long extreame cold winter in a dark cold dungeon, without fire or candle light, chained to a poſt in the mids of the room, with heavy yrons on his hands and feet, allowing him only bread and water with a pad of ſtraw to ly on: And ſince on his reliefe hath cauſed him to take an oath, 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 uniuſt deprivation, though no exception was taken againſt his doctrine. That the greateſt Nobles of the Land, ought in Law to for-fault their Life and Eſtate, if they be ſo bold as to put their hand to a ſupplication unto their gratious Prince againſt their practices.(l)Sundrie 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 copie of this privie ſupplication being privily convoyed by an unfriend, ſome two or three years thereafter, out of my Lord Balmerinochs chamber, was a dittay for which hee was condemned to die, 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 wee should have given warrant both for his ſentence and execution, whoſe life was now legally devolved into our hands. Ibid. pag. 13. VVee were graciouſly pleaſed that the feare and example might reach to all, but the punishment onelyonly to one of them, to paſſe by many, who undoubtedly had beene concluded, and involved by our Lawes in the ſame ſentence, if wee had proceeded againſt them. That all this is but juſt ſeveritie, and the very expedient meane to advance their cauſe, which they glory have well neere already cloſe undone their oppoſites,(m)Studley about the end of his wicked ſtorie avowes, that ſince by ſevere punishment the number of the unconformiſts have decayed, that their cauſe can not bee from God. and which they boaſt ſhall ſtill bee uſed,(n)Canterburie in his epiſtle to the King before Starchamber ſpeach, having magnified the Kings merciemercy, for ſaving the life of Bourtoun and his companions, is bold to adviſe the King not alwayes to bee ſo mercifull, in theſe words, Yet this I shall bee bold to ſay, that your Majeſtie may conſider of it in your wiſedome, 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 Commonwealth. Etſi non ſatis ſua ſponte inſaniant instigare. Heylen in his moderat anſwer, pag. 187. hath many reaſons and examples, to prove that Burtoun and his like deſerved no leſſe than publick execution: And yet theſe men are ſo gentle to Papiſts, that they glory in their meekneſſe towards them, profeſſing that to the bittereſt of the Ieſuits 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 kinde againſt the Ieſuits, or practice it in the leaſt, for to my rememberance I have not given him or his ſo much as courſe language. But alaſſe it is gone now beyond boaſts, when they are the ſecond time upon the very point 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 tyrannie, 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,King Charles hates all tyranny the moſt of thoſe this day who are Chriſtians, and eſpecially our gracious Soveraigne, are very well content to be limited within the bounds of the laws which themſelves and their predeceſſors have ſetled in the church and ſtate of their dominions, to make the preſervation of thoſe laws and of their ſubjects liberties eccleſiaſtick and civill according to them, the greateſt glorie of their prerogative royall.(o)His majeſties ſpeach 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. (p) Neither to impoſe any taxation on their ſubjects goods without their free conſent there to given by their Commiſſioners in Parliament,(q)Proclam. at Yorck April 25. 1639. VVe heartily declare and faithfully promiſe that, althogh we be 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 laws thereof, accounting it our glory to preſerve libertie and freedome among them according to their laws Therefore wee do once again by this renew our former promiſes for the mantenance of religion and laws, and this we do in all ſinceritie of heart, we take God the ſearcher of all hearts to witneſſe that as we are defender 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 creep in this or any other of our kingdomes. One of the articles of Dunce pacification is this. VVe are further graciouſly pleaſed, that according to the petitioners humble deſires all matters eccleſiaſticall shall be determined by the Aſſemblies of the Church, and matters civill by the Parliament and other inferior Iudicatories eſtablished by law; which accordingly shall be keeped once a year, or ſo oft as the affairs of the Church and kingdome shall require. the extending of the prerogative to the making of new laws or aboliſhing of old, to the impoſing of taxes by ſimple proclamation without Parliament our Prince doth ſo far abhorre, that he condemned a certaine writ for importing his Majeſties intertainment of ſuch motions; Yea his Majeſtie by his Atturney generall called the Earl of Bedfoord and other noble perſonages to cenſure, for keeping ſuch a writ wherein did ly ſo pernicious poſitions.(r)The which ſeditious diſcourſe and writting the authors thereof intended should be diſperſed, as if the ſame had been intertained by your Majeſtie with purpoſe to put it in execution, and to alter the ancient laws of this kingdome, and to draw all things to your Majeſties abſolute will and plesſure, and to diſpoſe of your Subiects goods without their conſent, and to make and repeale laws by your Maieſtise proclamation only with out conſent of parliament, which if it should be beleeved by your people, could not but raiſe infinit diſcontentment amongſt them, the conſequence whereof might bee of extreame and almoſt inevitable danger to your Maieſties perſon and to the whole frame of the kingdome. Where ſome Princes miſled through paſſion & 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 (q)Cant. relat. p. 112. In ſome kingdome there are diverſe buſineſſes of greateſt conſequence which cannot be finally and binedingly ordered but in, and by Parliament, and particulary the ſtatute laws which muſt bind all the Subjects can not be made or ratified but there, the ſupreme Magiſtrate in the civill ſtate may not abrogat laws made in Parliament, though he may diſpenſe with the penaltie of the law quoad hic & nunc.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 far ever from counting of it rebellion, of which crime the greateſt royalliſts in England wont alway to abſolve it,(ſ)Bilſon of ſubjection pag. 280. Neither will I rashly pronounce all that reſiſt to be rebells: 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 imperie to tyranny, or neglect the laws eſtablished by common conſent of Prince and people, to execute his own pleaſure; In thoſe and other caſes which might be named, if the nobles and commons ioine together, to defend their ancient and accuſtomed libertie, regiment, and laws, they may not well be counted rebels. Ib. By ſuperior powers ordained of God, we do not mean the Princes privat will againſt his laws but his precepts derived from his laws and agreeing with his laws; 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 laws to practiſe their luſts, not any privat man may take the ſword to redreſſe the prince; but if the laws of the land appoint the nobles as next to the King to aſſiſt him in doing right, and withhold him from doing wrong, then be they licenced by mans law and ſo not prohibited by Gods law for to interpoſe themſelves for the ſafegard of equity and innocencie, and by all lawfull and needfull means to procure the prince to be reformed, but in no caſe to deprive him where the ſcepter is inherited. Ib. pag. 54. Spoiles, m…ſſacres, conſpiracies, treaſons, even to the deſtruction and murther of Princes by their owne ſe…vants, if a prieſt ſay the word, you count in your ſelves to be juſt, honourable, and Godly war: if others do but ſtand on their guaird to keep their lives and families from the blinded rage of their enemies, ſeeking to put whole towns and provinces to the ſword gainſt all law and reaſon, and to diſturbe 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 neither of theſe two caſes the Godly require their right and offer no wrong neither impugne their princes, but only ſave their own lives, you cry rebellious Hereticks, rebellious Calviniſt, furie, freneſie, mutinie and I know not what, ye may perſue, depoſe, muther princes when the B. of Rome bids you and that without breach of duety, 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 laws before judges, not murthered by inquiſirours in corners, but incontinent the fume of your unclean 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 fears were laid out before his throne. If ſo be King Charles had eſteemed the late wars of 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 traiterous inſurrection of ſubjects againſt their Soveraignes, We preſuppone his Majeſties juſtice would have been loath ever to have defiled his ſcepter by ſupporting them all with men and moneys, as oft he hath done, and yet doth avow the deed.
The Canterburians flatter the King in much more power than ever he will take. And inable him vvithout advice of the Clergie, to do in the church what he pleaſeth.While our gracious Prince is ſo far inflamed with hatred againſt all tyrannie, yet behold this wicked faction how carefully they go about by all the means they can, to draw his royall minde to that which naturally it doth ſo much abhore: 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(t)Heylens moderat anſwer pag. 28. VVhat ſpirit leads you that you are grieved vvith illimitat povver which men of better underſtanding than you have given to princes. Ib. pag. 32. Princes are Gods de puts, of whom should they bee limited, if ye ſay by the laws of the land thoſe themſelves have made, a prince in abctracto is above the laws though in concreto a juſt Prince will not break the laws which himſelf hath promiſed to obſerve otherwiſe we ſay of princes: Principi lex non eſt poſita that they do not governe only by the law but are above it, that he is ſure and hath an abſolute authoritie Ibid. p. 179 I will be bold to tell you that as it is a kinde of Atheiſme to diſpute pro & contra what God can do and what hee can not, though ſuch diſputs are raiſed ſome times by unquiet wits; ſo it is a kinde of diſobedience and diſloyalty to determine what a king can, and what he can not. Lyſimachus. p. 3. Hence it is that princes being Legiſlators are above their laws, and diſpenſe with them as they think expedient. A prince is not bound to his own laws becauſe no man can impoſe a law on himſelf. 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 keep the laws is but a perſonall deed, which can not oblidge his ſucceſſor, that his oath and promiſe at his coronation to keep the laws, is to be exponed of his reſolution to make his laws to be keeped by others: That all the oath and promiſes he makes at his coronation are but of his meer free-will and arbitrement, that by thē all no true covenant or paction cā be inferred betwixt the King and his ſubjects.(w)Dominus Ioannes Wemius de Craigioun a man advanced by our bishops to be a lord both of Councell and Seſſion in his book de primatu Regis printed in Edinburgh 1623. And going among them to this day with applauſe p. 18. Sed quid ſi princeps leges ſtatuat adhibito etiam iurisiurandi ſacramento, velin ſua inauguratione promittat, ſe leges non laturum abſque populi ordinumque non modo conſilio, ſed etiam conſenſu ac determinante ſententia, ſiquidem non fuerit haec in prima regni constitutione conditio & imperii coaeva ac fundamentalis regni lex non ſit (quo caſu dicerem non proprie eſſe regnum, ſed ariſtocratiam, vel democratiam) ſed post regni conſtitutionem pactum tantummodo ſit regis alicuius voluntarium, etiamſi forſan pollicentum ipſum obliget quoniam praestanda eſt ſides dat a ne ſine fide licet non ſine iure regnet: ſucceſſores tamen in regno quomodo conſtringet vix intelligimus, etiamſi inhoneſta quoque ſit ut ait quidam & illegittima omnis ea pactio quae inter patrem & filium, maritum & uxorem, dominum & ſervum, regem & ſubditum celebratur, quod dicto oportet hos audientes eſſe Ib. p. 39. Audemus dicere in monarchiis Reges ſupra leges eſſe iiſque ſolutos, nemo enim ſibi legislator, vindex aut iudex, diſtinctio non probanda principem quoad vim Legum directivam Legum non coactivam legibus ſubditum eſſe, non enim magis derigere quam cogere ſeipſum potest quis, cum actio onmis ſit inter agens & patiens. Ib. 41. Si leges ſuas ſe obſervaturum pacto obligaverit princeps. Quod raro aut nanquam fit, etiamſi ſoleat princeps quiſque legum ſuarum obſervationem hoc ſenſu promittere id est, ut a ſubditis obſerventur ſe effecturum, ad earum obſervationem teneri eum confitemur, ſed religionis potius quam iustitiae legalis obſervatione. 3. That the prince alone is the lawgiver both in church and ſtate(x)Iohannes Wemius pag. 26. Legum latio praecipuum est ſupremae dominationis ac maieſtatis caput. Ib. pag. 74 Legum eccleſiasticarum principes latores ſunt, nec differunta civilibus eccleſiaſtica natione cauſe efficientis. 4. That in maters eccleſiaſticall they themſelves alone without the advice of any of the Cleargie may lawfully make what canons they pleaſe, and compell their Cleargie to embrace them(y)Iohannes Wemius pag. 59. Potestatem in eccleſiaſticis foreign poſſe a princibus iure ſuo extra concilia exerceri docent quas ita tulerunt leges imperatores atque iis Regis legibus Eccleſiaſticis quae legi devinae non repugnant nequit quit bona cum conſcientia obedientiam detrestare, quamvis non acceſſent ad earum constitutionem Paſtorum eccleſiae conſenſus. Ib. p. 93. Etiamſi extra concilia jubendi autoritatem habeat Princeps, tamen libentius obſequuntur ſubditiillis principum ſtatutis, quibus paſtorum in conciliis honorantur iudicia. 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(z)Large declaration p. 222. Did not wee and our Councell be equall authority command theſe innovations of canons & liturgie? Was not then ye Prelats practice of then as well warranted as this confeſſion of faith, and the band annexed, which were never brought in by acts of Parliament or Aſſembly, but meerly by our royall Fathers prerogative, and put in execution by the authority of his councell? 6. When it is his pleaſure to call an Aſſembly, the members of that eccleſiaſtick court are onelyonly ſuch as he is pleaſed to call, whether of the Clergie or of the Laitie.(&)Johannes Wemius pag. 66. Laicos ſaepe à principibus advocatos in Concilia videre est; quibus non modo conſultivam ſed & definitivam vocem permitterent. Iſte fuit electionis mittendorum ad Concilia modus, ut Eccleſiarum preſulibus quos vellent mittendi liberam plerumque potestatem permitteret princeps, quod illis exploratius quam ſibi eſſet qui ad eam provinciam aptiores: Non quod principi penitus neganda ſit, quod autum aut nonnulli, particularis perſonarum quae conſilio eum leges Eccleſiasticas laturum adjuvent deſignatio. Iſtud enim eſſet principum juri detrahere. Ex ſingulis diaeceſibus moderatus aliquis numerus eruditorum ac prudentiorum Presbyterorum, Diaconorum, & Laicorum à principe aut metropolita principis delegate eligebatur. 7. That when they are called only the Princes voice is deciſive, the voice 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.(a)Iohannes Wemius pag. 89. Conſultivam habent vocem Pastores tanquam juris divini conſulti, definitivam princeps ut judex; dante illis conſilii, his judicii poteſtatem Legis latore Deo, penes quem ſolum ſumma in ſpiritualibus imperii reſidet. Ib. pag. 70. Vocem. habere qui congregantur Presbyteros non qua Presbyteri, ſed qua Eccleſiarum ſunt legatià principe vocati. Ib. pag. 74. Definitiva ſententiae dictio corum est, qui à principe ſummo moderatore eos conſulente, vocemque deciſivam iis dante vocantur. Ib. Aſſerimus non agitato in conciliis fuiſſe ſaltem quae majoris momenti eſſent negotia, niſi quatenus ea princeps per legatos proponeret aut patribus deſcripta traderet. 8. That church Aſſemblies are only politick conventions not grounded upon any devine right, and ſo to be uſed or diſuſed as the prince ſhall think expedient.(b)Iohannes Wemius pag. 126. Nullo in ſcriptura mandato nititur concilia. celebrandimos; ſed à principibus Eccleſiae curam ſuſcipientibus, & cum non eſſent principes, à paſtoribus ipſis volentibus ortum habuit. 9. That it is in the power of all Soveraignes whihher Monarchick, Ariſtocratick, or democratick, to appoint for the government of the church in their dominions ſuch officers and ſpirituall courts as they finde moſt meet and agreable to their temporall eſtates, to erect biſhops, and put down Preſbyteries, to erect Presbyteries and put down biſhops.(c)Iohannes VVemius p. 78. & 79. Officiorum Eccleſiae modus foreign est, & à principe paſtoros Eccleſiae non conſulente praeſcribi poſſe affirmamamus, putantes cum ſereniſsimo nostro Rege, ſummis quibuſque imperitantibus conceſſum eſſe externam in Eccleſiaſticis regiminis formam ſuis praeſcribere, quae ad civilis adminiſtrationis modum quam proxime accedat, dummodo à fidei veraeque religionis fundamentis ne tantillum abſcedat. 10. That all this power to conclude every eccleſiaſtick affaire which can be ſubject to the juriſdiction of any eccleſiaſticall ſynod doth belong alike to all ſoveraignes whether Turkish, Iewish, Pagan, hereticall or Chriſtian and Orthodox.(d)Iohannes VVemius pag. 124. Regi omni confertur Eccleſiaſticae juriſdictionis potestas per regium quod à Deo habet munus; licet Regi tantum Christiano aptitudo oû recte utendi Chriſti gratia donetur Tamet ſi primatus eccleſiaſtici ius perfectius adminiſtret Rex Chriſtianus: Primatus tamen ius, officii ſeu vocationis non facultatis aut exercitii ratione Rex obtinet. Quae Regi ſupervenit gratia regiam in eo potestatem perficit, non facit poteſtatem, non repellit, gratiae interna, nedum profeſſionis externae defectus.
Concerning the Kings power in matter of Stat,They give to the King power to do in the State what ever he will, without the advice of his parliament. they teach firſt, that a Parliaments is but his arbitrarie Councell, which in making or annulling of his Lawes, hee may uſe or not uſe as hee pleaſeth.(e)Ioannes VVemius, p. 17. Neque verò putan dum eſt, quia ſolet rex ex modeſta & prudenti virium ſuarum diffidentia non niſi de ordinum conſenſu leges ferre, abſolutam ideo ei imponi, eiuſque ſucceſſoribus neceſſitatem illorum obtinendi conſenſus, ac ſi nullo modo iis liceret perſe, ſine eorundem ſuffragiis, bonas edere constitutiones, quibus qua quaeſo conſcientia non parebunt omnes. Ibid. pag. 19. In Monarchia Regis ſola voluntas de ſubstantia legis eſt: praevia cum populo conſultatio, & ſi utilis imò ultiliſſimae ſit, neceſſaria tamen non eſt. Itaque cum imperatore Iustiniano dicendum videtur; exploſis ridiculoſis ambiguitatibus, verum conditorem & interpretem legum eſſe ſolum principem, & legem legiſlatoris, non Conſiliarii eſſe, non ex vi conſenſus & conſilii habiti, ſed ex regia legiſlatoris …i obligantem. Ibid. pag. 38. Non erubeſcimus Iuriſtaturum reiicere opinionem, qui volunt in monarchiis non obligare legem niſi à populo acceptetur, cum monarcha ſit legiſlator, & lex lata qualex obliget, adeo ut ad eam acceptandam, cogendi ſint ſubditi poſt legis a monarchae lata publicationem, temporiſque quoàd populi notitiam pervenat ſufficientis lapſum, poteſt ſine ulla acceptatione publica legis obſervatio praeciſem ingeri. Heylyns antid. pag. 66. The declaration of his Majeſties pleaſure in the caſe of S. Gregorie is to be extended to all other caſes of the ſame nature. It is a maxime in the civill law, Sententia Principis, ius dubium …eclarans, ius facit quoad omnes. Item Quodcunque imperator per epiſtolam conſtituit, vel cognoſcens decrevit, legem eſſe conſtat. Id. in his moderate anſwere, pag. 29. Only theſe commands of the King are to bee refuſed, which are directly againſt Scripture, or include manifeſt impietie. Hee learned this from his oppoſite the Lincobishire Miniſter, pag. 68. I ſay that all commands of the King that are not upon the clear and immediat inference without all profylogiſmus, contrarie to a cleare 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 he is pleaſed to call a Parliament, it is his due right by his letter to ordaine ſuch Barrons to be Commiſſionars for the Shires, and ſuch Citizens to bee Commiſſionars for Burrowes as hee ſhall bee pleaſed to name.(f)Ioannes Wemius pag. 23. Baronum ut & civium ad Comitia delegatos non ita abſolute à Baronum vel Civium delectu pendere volumus, ut non poſsit rex, quos ille maxime idoneos cenſuerit eligendos nominare, praeſertim cum pro legibus ferendis ijſque quae adminiſtrationis ſunt publicae ſtatuendis Comitia indictae ſunt, in quibus liberum denegare regi arbitrium, quos aeſtimarit prudentiſsimos quibuſcum deliberet ſibi in Concilium aſc…ſcendi, eſſet ex rege non regem eum facere, ſtatuumque voluntati ad regiae depreſsionem eminent à nimis ſubjectum. 3. That he may lawfully exact when he hath to do 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.(g)Joannes Wemius, pag. 19. Omnia fatemur quae in regno ſunt regis eſſe, qua rex eſt, id eſt, qua paternus regni dominus, adeoque qua poſtulat ipſius qua rex eſt, aut publica regni conditio: poſſe regem de ſingulorum bonis diſponere, praeſertim ubi omnes in regno terrae in feuda conceſſae fuerint à rege, aliquod penes ſe dominium retinente. Id. pag. 17. Licet non de jure omnium bona exigendo, tamen de jure in omnes leges ferendo, ſine omnium conſenſu ſtatuere poteſt. Montag. orig. pag. 320. Omni lege, divina, naturali, vel politica licite ſemper reges & principes ſuis ſubditis tributa & impoſuerunt, & licitè quoque exegerunt, cum ad patriae & reipublicae deſenſionem tum ad ipſorum & familiae honeſtam procurationem. Hanc doctrinam accurate tuetur Eccleſia Anglicana, in qua ſacerdotes licet magis gaudere & ſoleant, & debeant, immunitatibus tamen & frequentius, & exuberantius, & libentius, quam Laici decimarum decimas, ſubſidia, annatas primitias ſolvunt. 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 exſtinguiſhed, till by his ſucceſſors by new gift it be renewed.(h)Joannes Wemius, pag. 136. Cum regis ſit in ſuo regno judices, & magiſtratus constituere, qui ipſius ſint in judicando, & jubendo vicarli, potest tex jubendi, judicandique jus ac magiſtratus judiceſque conſtituendi poteſtatem inferioribus conceſſam, prout regno utile eſſe viſum ei fuerit abutentibus auferre, & nulla proprie est ſub. Rege patrimonialis & haereditaria juriſdictio, rege ſolo juriſdictionem tanquam propriam habente, aliiſque quibus eam non dat, ſed communicat, tanquam depoſitam accipientibus. Igitur non ut terras, ita & juriſdictionem ſimpliciter, & ut loquuntur privative, rex alienare poteſt, niſi rex eſſe deſinat. Ibid. pag. 157. Si judices ſint principum vicarii, nulla est eorum principe preſente potestas, cum ſolius abſentis teneat quis locum: & ſi quae est alicubi, & aliquando videatur, non niſi jus est, … dicium regium volente Rege declarandi; ut ita ex judicam ore proferatur Regis ſententia. Ibid. pag. 17. In ſtatuum caetu non tam judicantibu… ipſis quam aſsiſtentibus imperium exercet rex, quandoquidem praeſente juriſdictionis ſente, evaneſcat aboram omnium juriſdic…o derivata, ut fluviorum perditum nomen & poteſtas, cum in mare diſcenderint, Ibid. pag. 143. Principus occaſis evaneſcit judicum omnium tam ordinariorum quam delegatorum jus. Negari non poteſt tam apud Romanos quam alios in uſu fuiſſe, ut qui in demortuorum ſuccederent locum reges, quamprimum regnorum gubernacula capeſſerent, magiſtratuum judicumque juriſdictionem confirmarent, ut oſtenderetur extinctis regibus nullam eſſe inferiorum authoritatem, niſi ſucceſſorum edicto confirmentur, ſaltem patientia tacite approbentur. 5. That Scotland is a ſubdued Nation, that Fergus our firſt King did conquer us by the ſword, and eſtabliſh an abſolute Monarchie for himſelf and his heires, giving to us what Lawes hee thought meeteſt(i)Corbet p. 45. There was no law in the Kingdom of Scotland before the kings gave it: For before Fergus his days we were genus hominum agreſte, ſine legibus, ſine imperio. He and his ſucceſſors gave lawes. Ibid. Fergus did conquere us. 6. That al 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.(k)Corbet, pag. 45. Fergus and his ſucceſſors divided the whole land which was their owne and diſtinguished the orders of men, and did eſtablish a politick government: This is cleare ex archivis regiis, ubi ſatis conſtat regem eſſe dominum omnium bonorum directum, omnes ſubditos eſſe ejus vaſſallos, qui latifundia ſua ipſi domino referant accepta, ſui nempe obſequii, & ſervitii praemia. 7. That to deny 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 collegs in the Empire.(l)Joannes Wemius, pag. 18. Quo caſu dicer…m non proprie eſſe regnum, ſed ariſtocratiam vel democratiam. Ibid. pag. 23. Hoc eſſet ex rege non regem eum facere. Ibid. p. 38. Quod ſi alicubi non habeat rex poteſtatem leges ſerendi, niſi ex populi in comitiis conſenſu, & ſic fundamentaliter limitato, propriè Rex non eſt, ac non tam acceptans eſt populus, quam cum Rege, ut collega Regem ferens. ibid. pag. 53. Non eſt imperium illud vere Monarchicum, ſed principatus quidam, & imperans ille, non Monarcha aut Rex, ſed tantum Princeps, & ut Venetorum dux reſidente in optimatibus, aut populo imperii ſumma. But thanks be to God, that our gratious 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 contrare maximes.(m)Relat. of the Conference. pag. The ſtatute Lawes which muſt binde all the Subjects can not bee made but in, and by Parliament: the ſupreame Magiſtrate in the civill ſtate, may not abrogat Lawes made in Parliament. Ibid. pag. 158. Tiberius himſelf in the cauſe of Silanus, when Dolabella would have flattered him into more power than in wiſedome he thought fit then to take to himſelf, 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.
Even in no imaginable caſe, they will have tyrants reſiſted.Laſtlie, they teach us in the matter of reſiſtance, firſt, that do the Prince what he will, he may never be reſiſted by any or all his Subjects, that not only a private man muſt give over all defence, though moſt innocent of his own life againſt the Prince, though his moſt unjuſt violence;(n)Ioannes VVemius. p. 21. Teneri videtur ſubditus ſeipſum fame perimere, ut principem ſalvaret propter conſervationem boni publici, ſingulis a dempta eſt adverſus principem quae naturalis dicitur iuris defenſio, ſeu iniuriae depulſio. but the whole ſtate can do nought without rebellion againſt God, but flee or ſuffer, when the Prince, whether by him ſelfe or his officers doth deſtroy the true religion, eſtabliſhed by all Laws and the liberties of the land, dear bought of old & peaceably brooked in many ages, alſo the lives of many thouſands of the beſt Subjects without the pretence or colour of any juſt cauſe.(o)Canterb. relat. Pag. 205. vvhere the foundations of the faith, are shaken by princes there their ought to be prayer and patience, but no oppoſition by force. Aberdeens duplys. pag. 25. The way for all Chriſtian Subjects 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 meekneſſe to ſuffer that we may be crowned, It is evident by Scripture, that it is unlawfull for Subjects in a Monarchicall eſtate, to take armes for religion, or for any other pretence, without warrand from the Prince. The renowned Thebaean legion of 6666. Chriſtian ſouldiers without making reſiſtance as they had ſtrenth 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. pag. 42. For your examples from reformed churches, ſince we live not by examples but by Lawes, 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 doeth show. Againe, that all this ſubjection muſt be uſed, not only 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 Romane Impyre.(p)Aberdeens Duplys. pag. 29. Such was the doctrine and practice of many other great lights, which shined in the days of Iulian the Apoſtate, and in the dayes of the Arrian Emperours, 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 execut the cruell tyrannies of Nebuchadnezar, put out the eyes of the King, kill his children, lead himſelf and his Nobles away to a far land in fetters: Though with Nero, (q)Corbet. pag. 26. Qui Mario, Cajo Caſaeri, qui Auguſto, ipſe & Nerom, qui Veſpaſianis vel patrivel filio, ipſi Domitiano crudeliſsimo; & ne per ſingulos ire neceſſe ſit, 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 their religion, they would have taken Ames: but their prayers and teares were their defence in their greateſt extremity.for their mere pleaſure, they ſhould ſet the royall city in a faire fire, or execute the plot of Haman 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 go about without any cenſure at theſe times, when by royall decreers, 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 kythes frequently their zeale againſt any Books that give but the leaſt touch to their mitres, by inflicting no leſſe cenſure then fire upon the Books, pilloring and noſe-ſliting on the Authors, and whipping thorow the ſtreets on the carriers.
All theſe extraordinary prerogatives,VVat they give to Kings, is not for any reſpect they have to Majeſtie, but for their own ambitious and covetous ends. whereby the faction advanceth ſupreame Magiſtrats ſo nere unto God, and their favorits ſo far above the skyes,(r)Ioannes VVemius in his preface to the Duke of Buckinghame, Reges in diviniorem ſortem tranſcripti▪ cute & ſpecie tenus homines, reipſa boni genii cenſendi ſunt, in quos ut humanos loves divini honoris offines pene & conſortes, oculos animoſque nostros defigi convenit, Tu Heros nobiliſsime coruſcas, velut inter ignes Luna minores, quem in ſummo augustioris gloriae ſolſtitio divina prorſus virgula conſtitutum nemo poteſt diffiteri. ſeeme to flow not from any love they carie, either to their crownes or the royall heads that bear them, but meerlie out of their ſelf-reſpect to their owne ambition and greed, that Soveraignitie being advanced to an numeraſurable hight, may be a ſtatelier horſe for them to ride upon, in their glorious trivmphings 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 them ſelves. they tell us, that the King can bee no more the head of the church, then the boy that rubs their horſe heeles,(ſ)Smart Sermon, pag. 1. M. CouZins uttered theſe trayterous ſpeaches in an open and affirmative manner; that the Kings highnes is no more ſupreame head of the church of England, then the boy that rubbs his horſe heeles, and this as we are credibly informed hath beene proved againſt him by the oathes of two ſufficient witneſſes. 2. That the heart whence the native life & vigour of the Eccleſiaſtick Lawes doeth flow, is alone the Biſhops and not the King.(t)Chounaei collect. ſupra cap. ult. A 3. That Kings and Emperours ought to reverence; yea, to adore Biſhops and to pay them tributes.(w)Montagſupra cap. 3. O. 4. That every Biſhop is a Prince and a Monarch, as farre in dignitie above the greateſt ſecular Prince, as the ſoul above the body, or God above man.(x)Montag, ſupra cap. tertio.(z)
FINIS.
Reviſed according to the ordinance of the generall Aſſembly, by Mr. A. Ihonſton Clerk thereto:
Edinb. 1. of Aprile 1640.