APOSTOLIKE OBEDIENCE.

Shewing the Duty of Subiects to pay Tribute and Taxes to their Princes, accor­ding to the Word of God, in the Law and the Gospell, and the Rules of Religion, and Cases of Conscience;

Determined by the Ancient Fathers, and the best Moderne Divines; yea even by those Neoterickes who in some other things, put too strict Limits to Regalitie.

A Sermon preached at Northampton, at the Assises, for the Countie, Feb. 22. 1626.

BY ROBERT SYBTHORPE, Doctor in Divinity, Vicar of Brackley.

Tributa verò et Census, ijs qui à vobis constituti sunt, ubi (que) inprimis conamur pendere. Iust. Mart. Apol. pro Christian. ad Anton. Pium.

LONDON, Printed by Miles Flesher for R. M. and are to be sold by Iames Bowler. 1627.

I Have read over this Sermon upon Rom. 13.7. prea­ched at Northampton at the assises for the County Feb. 22. 1626. by Robert Sybthorpe Doctor of Divinity, Vicar of Brackley, and I doe approve it as a Sermon learnedly and discreetly preached, and agreeable to the ancient Do­ctrine of the Primative Church, both for Faith and good manners, and to the Doctrine established in the Church of England, and therefore under mine hand give authority for the printing of it, May 8. 1627.

GEO: LONDON.

TO THE MOST HIGH AND MIGHTY PRINCE CHARLES, by the Grace of God King of Great Britaine, France, and Ireland, Defender of the Faith, &c.

Most gratious and dread Soveraigne;

THE smallest Brookes have their ori­ginall from the Ocean, and returne thither to pay their Tribute; So these my poore Meditations, which were first conceived uponInstructions directed from the Kings most excellent Maje­stie unto all the Bishops of this Kingdome, and fit to bee put in execution, a­greeable to the necessity of the times. your Majesties Instructions, and afterward brought forth uponAt Northamp­ton Ianuar. 12. when, by the right Honoura­ble the Lord President of the Counsell, and the Earle of Exeter, &c. I, with other Divines, was put upon it, to deliver my opi­nion in case of Conscience, and Religion, Whether it were lawfull to lend to the King or not? your Commission, and lately learned to speake in aAt the Assises at Northamp­ton. Solemne Iuditious Assembly, being now adventurous to walke abroad, presume to present themselues to your Gratious goodnesse, in their dutie of Allegeance and gratitude, Humbly beseeching your Highnesse protection, that they may passe securely in your Kingdome, where they may tell your Subjects of that Dutie, which being understood to be grounded upon Conscience and Religion, they will (no doubt,) rejoyce that they have beene so willing and ready to performe it; with Prayers for which, and for your Majesties long and prosperous Raigne over us, I rest

Your Majesties Loyall, Obedient, Humble Subject Rob: Sybthorpe.

TO HIS DEARE AND NOVRCEING MOTHER, THE Church and Common-weale of England.
An humble Sonne, and devoted Servant, pray­eth Peace and Prosperitie.

Holy and happy Mother:

I Know his Majesties Love desireth to have you united and neare unto him, and so much he hathIn his Maje­sties instructi­ons to all Bi­shops, &c. injoyned us of the Tribe of Levi, to certifie un­to you. Wherefore I thought it not my part to separate you, especially in a businesse which so nearelyBeing the protection of Religion, and safetie of the State. concerneth you as well as him; But earnestly to intreate you to take Considera­tion of the innocencie and obedience wherewith our Religion hath hitherto beene crowned, (which I here point at briefly, and could demonstrate at large,) and the Peace and Prosperitie which it hath pro­duced. And whereas theAs appeares by his Maje­sties Commis­sion for the Loane. Prince pleads not the Po­wer of Prerogative, nor the leading of Presidents, so much as Pietie for Religions protection, the States occasion, and the inevitable Necessitie of the season. Oh! let not the People stand so much upon pretence of Libertie, as to lose Safetie. Nor let Forms bring the Matter to Privation, but let all meete in a sweet Mean for the Preservation of the Vniverse; for which perpetually praying, I continue

At your service and dispose, ROB. SYBTHORPE.

APOSTOLIKE OBEDIENCE.

ROM. 13.7.

Render therefore to all their Dues.

TRue was that saying of Solon which affirmed that Cōmon-weales consist of Reward and Punishment, and that when these bee taken away, the whole disci­pline of Cities faileth and is dissolved; For the care of Equity and Iustice waxeth cold in the mindes of many, unlesse there be due honour for vertue, neither can the wilfulnesse of wicked men be restrained, but by severity and chastisement of pains: wherfore, whereas the principall part of Justice is, Vnicui (que) suum tribuere; To ren­der to every man his owne; a more pro­per Text in my opinion, cannot bee se­lected [Page 2]for this Iudicious and Iudiciary As­sembly, then this of the Apostle proposed unto you; Render therefore to all their dues.

For the generall Exposition and Cohae­rence of which words, it is obvious to every understanding observer, That after that our Apostle had descended from De­ctrinall points of Faith (which hee handled in the eleven first Chapters) to Morall In­ferences and instruction for life; as con­clusions to bee drawne out of the premis­ses, Chap 12. And had therein mixed the mutuall duties of sundry vocations in the generall; He in this Chapter from the first verse to the eightth, deciphereth the speciall prerogative, and absolute obedience, which Souereignes have, and Subjects owe, in particular: which he inforceth by a kinde of Rethoricall Syllogisme. The Major whereof is in the first words of the first verse, Let every soule be subject unto the high­er powers: The Minor to confirme his Po­sition in the latter end of the same, and in the 2.3.4.5. and 6. verses following, for there is no power but of God; the powers that [Page 3]be are ordained of God: VVhereupon hee grounds and drawes a Conclusion in this verse, part whereof I onely handle, Render therefore to all their dues.

The Minor of this Rhetoricall Syllogisme consists of divers Prosyllogismes, out of every of which is deduced the proposed Conclusion, in this manner:

1 There is no power but of God, and the powers that be are ordained of God: verse 1.

But a Prince is a speciall power, and or­dained of God:

Therefore for the Ordainers sake, which is God, Render to all their dues.

2 Whosoever resisteth the power, resisteth the Ordinance of God. And they that resist shal receive to themselves damnation: ver. 2.

But he that resisteth the Prince, resisteth the power and ordinance of God, and consequently shall receive dam­nation:

Therefore for your soules sake, Render to all their dues.

3 Rules are onely a terrour to the wicked, but for the praise of those that doe well: v. 3.

But they that resist, it is a signe that they esteeme them a Terror, and expect no praise from them, and consequently that they are wicked and not well doers:

Therefore for avoiding that imputation, Even for your credits sake, Render to all their dues.

4 The Ruler is the Minister of God for thy good: verse 4.

But it is just by the Law of Nature, that we should give to those that minister for our good:

Therefore for Naturall Iustice sake, Ren­der to all their dues.

5 The Ruler beares not the sword in vaine, but is the Revenger of wrath on them that doe evill: verse 4.

But there is no man which doth not evil in some things, and consequently is subject to wrath and revenge:

Therefore even for Policies sake, Render to all their dues.

6 Ye must be subject, not onely for wrath, but also because of conscience: verse 5.

But whatsoever a man is bound to doe [Page 5]for conscience as well as for feare, every man is bound to doe in duty:

Therefore for duties sake, Render to all their dues.

Non mirum est Paulum tot mo­dis & rationibus commendare no­bis obedientiam erga Magistra­tum; afficile e­nim aliequi est superbos hominū sensus in hoc of­ficio continere, volumus enim omnes esse domi­ni & parere ne­mini. Pet. Mart. in loc. 7 You pay tribute to Rulers for this Cause, be­cause they are Gods Ministers attending continually upon Government: verse 6.

But whatsoever men attend upon con­tinually, they are to bee paid that which is due for it, and consequent­ly Princes which attend upon go­vernment continually are to be paid the due for it, which is Tribute:

Therefore for Conscience sake, Render to all their dues.

And so from the Paraphrase I descend to survey the Particulars; only let me entreat leave by the way, that although the speciall scope of my Text aime at the dues to Athana. or Volgar. or Theo­phil. Aquin. Lyra. Bruco. Claud. Calvin. Marlorat. Paraus. all Prin­ces, whether good Governors or Tyrants, (as I shal also prosecute it) yet I may not bee so tied up, but that I may extend this (All) to al persons, Princes & People, Magistrats and Ministers Superior & inferior, Nocent and Innocent; as S. Ambrose, Gorran, Musculus, [Page 6]and Rolloc understand it: VVhere hence in stead of a Division, let mee commend to your consideration these foure positions:

First;Vide Chrysost. [...]. Anselm. in loc. Sedul. Luther. Ositud. Muscul. Arct. Brent. Fulk &c. That Christian liberty hath not freed us from Civill Obedience, but that Christians are bound in duty one to ano­ther, especially all Subjects, to all their Princes, according to the Lawes & Customes of the king­dome wherein they live, intimated in this word (Dues.)

Secondly; That those duties to which Christians are so bound, are not onely im­posed upon some, and others loose, but as they are promiscuous, so they are universall Duties, implied in these words, (to all.)

Thirdly; That although there be duties to which Christians are so obliged and all have their part in the marter of that Obli­gation or Dutie, yet they have it in a diffe­rent degree or manner, every one in his parti­cular place and order, designed in this word (their.)

Fourthly; That those duties of every man according to his order, to al Princes, are not to be performed meerely for compulsory [Page 7] Necessity, but voluntarily and cheerefully, de­notated in this word (Give or Render.) Ren­der therefore to all their dues.

First; That Christian Liberty hath not freed us from Civill Obedience; but that Christians are bound in duty one to ano­ther, especially all Subjects, to all their Princes, according to the Lawes and Customes of that Kingdome wherin they live, intimated in this word (Dues.)

VVhosoever can put difference between the body and the soule, betweene this pre­sent transitory life, and that eternall which is to come, he shall easily understand, That the spirituall Kingdome of Christ, and the Civil government of Princes, are things of a different nature, Iohn 18.36. And that the liberty of the Soule frō Iewish or over numerous Cere­monies, and of the body from subjection, have no relation, nor cary any correspondency the one to the other, but that it is a Iewish error to inclose the kingdome of Christ un­der the elements of this world, and to con­found the licentiousnesse of the flesh with the liberty of the spirit, sithence spiritual li­berty [Page 8]may very well agree with civill bondage, 1 Cor. 7.21. and it is not materiall, whether thou be bond or free, Iew or Grecian, Bar­bariā or Scythian, in what degree or estate, or under the Lawes of what Nation thou livest, (so that thou keepe the Law of God inviolate) Thou art bound to performe civil o­bedience to the Lawes of the Land where thou livest; yea, ex necessitate justitiae tenentur sub­diti, saith,In loc: Aquinas; Subjects are bound to obedience by the double obligation of Iustice and of Necessity; except they will suffer as Rebels, or ill-doers, or busie-bodies in other mens matter, as1 Pet. 4.15. S. Peter phraseth it. Or except they will have that inconvenience granted, that the Generall Lawes or Govern­ment of a Nation, must be dispensed withall ac­cording to the particular conceit and apprehen­sion of every private person. Whereout what Tolleration of heresie, what Connivence at er­rors; what danger of Schismes in the Church, and Factions in the State, must necessarily follow, is easie to be conjectured: so that the common Adage vnder Nerva's Empire would bee verified, It is ill to live under a [Page 9]Prince under whom nothing is lawfull, but worse to live under him under whom All things are lawfull; under the one a Tyranny consumes some, under the other an Anar­chie confounds all, which if we will avoid in a Christian Commonaltie, then where the li­bertie of a few erroneous consciences, brings the Bondage of many regulated Commands; Calvin. Instit. lib. 3. cap. 19.12. Habe­mus necessitatem vindicandae Libertatis, si Such as were those false apo­stles, who mixt Iudaisme with Christianity And such as are those factious Preachers, who countenance Libertinisme, and Disobedi­ence to Princes, vnder the color of Religion; unjustly exact­ing that from the people to themselves, which they ought justly to give to God and their King. per iniquas exactiones pseudo-apostolorum ea infir­mis in conscientijs periclitetur, saith Calvin; and we must preferre the generall before the par­ticular, and not let every one bee let loose to their list and affection, but all must bee kept within the lists of their Dutie and Subjecti­on, (Dues.)

For the better accomplishment where­of, wee must consider in the second place, That those Duties to which Christians are so bound, are not only imposed upon some, and o­thers loose, but as they are promiscuous, so they are universall Duties, implyed in these words (To all.)

Which that wee may survay without Confusion, we must consider that the1 Cor. 12. Bo­dy [Page 10]politike, like the body naturall, consists of the head and members: Those Members either Confusedly make vp the Trunke or Corps, or more Particularly are Distinguished into more, or lesse principall; The Superiour and Inferiour Orbe, as Phisitians phrase it; The Head represents the Prince or King; The Truncke, the Common-weale or people; And as in the body Naturall, euery Member hath his office, either to minister nourishment and helpe to, or to suffer and be compassio­nate with, the other; except it be withered, dried vp, dead, insensible, and vselesse. So in the body Politike, euery one of the fore­said Members, hath his Duty to performe to, and his due to receiue of others.

The Prince who is the Head, and makes his Court and Counsell, as the sedes sensuum, hath his Duty to 1 Direct, 2 Command, and 3 Protect. Videtur mihi Apostolus hic summatim velle comprehendere quibus in rebus sita sint subdito­rum erga Magi­stratus officia, Nempe ut ipsos in pretio ac hono­re habeant, ut eorum pareant edictis, legibus, iudiciis, ut tribu­ta & vectigalia persolvant, non portoria modo & indistiones, sed et alios quoque red­ditus. Calvin. in loc. And his Due to bee, 1 honoured, 2 obeyed, and 3 maintained.

His dutie to 1 direct, 2 command, and 3 protect.

  • First, to direct and make lawes, Eccles. 8.3.4. Hee doth whatsoeuer pleaseth him, [Page 11]where the word of the King is, there is pow­er. And who may say unto him, what dost thou?
  • Secondly, to command execution of law and justice, Proverb. 16.10. A divine sentence is in the lips of the King, his mouth transgres­seth not in judgement; But the wrath of the King is the messenger of death, verse 14. So that Nemo leges Regum impune reprobat nisi Reges ipsi, in quibus praevaricationis crimen lo­cum non habet, Prudenter enim dictum est, impi­um esse qui Regi dixerit, iniquè agis, saith Saint
    In Ioh. l. 12. c. 56.
    Cyril.
  • Thirdly, to protect the lawes and people com­manded by him, and committed to him, The Embleme and Motto of Alphonsus King of Naples, which was a Pelican drawing blood from her owne brest with her beake to revive her yong ones, with this Inscrip­tion, Pro lege et grege, being a proper ensigne for religious Princes. Which duties being performed by a Soveraigne; he may rightly require these dues of Subjects; (yea whether he performe his duty or not, hee may require these dues of them, as even Calvin & Bucanus grant [Page 12]it) to be 1 honoured, 2 obeyed, & 3 maintained.

1 First to be honoured in their persons; For this is a due that we finde not onely requi­red by Saul, 1 Sam. 15.30. Honor me before the people; but justly taken by David, 1 Reg. 1.23.31. wherupon Paraeus makes the last words of this verse, honor to whō honor belongeth; to be proper & peculiar, especially, Personae Principis.

And this due consists in a candide constru­ction of all their actions, Vid. Pet. Mart. Talman: Helhus. although they commit some errors; as wee have example in that speech of Bathsheba, when she found Adoni­jah aspiring to the succession in the King­dome, contrarie to Davids oath to her con­cerning Salomon, She doth not unreverently taxe the King, but with a modest excuse for him, tels the error; Behold Adoniah raigneth, and now my Lord the King thou knowest it not, 1 Reg. 1.18. So farre should Subjects be fromAmand. Polan. partit. Theolog. et Tilenus, Pet. Mart. Calv. in Ier. 29. &c. suspition, rash censure, and slander, that they should esteeme it as a reviling and a blasphemie committed against God, to scanda­lize the Ruler of the people, Exod. 22.26.

2 And as Rulers may justly challenge this honour to their persons, so may they with no [Page 13]lesse right call for Obedience to their lawes and commands; Sive Princeps sit fidelis, sive in­fidelis; sive iuste, sive avare, aut dure imperet, saith,And Aug. in Psal. 124. Julianus extitit infidelis impera­tor, nonne extitit Apostata? iniqus? idolatra? milites Christianiser vie­runt imperatori infideli, vbi ve­niebatur ad causā Christi, non ag­noscebant nisi illum qui in coelo erat. Quando vo lebat vt Idola co­lerent, vt thurifi­carent, praepone­bant illi Deum: quando autem dicebat, Produci­te aciem, ite con­tra illam gentē, statim obtempe­rabant: distin­guebant Domi­num aeternum à domino tempora­li, et tamen sub­diti erant prop­ter Dominum ae­ternum etiam domino tēporali. Bez in Conf. fidei Chr. &c c. 5. s. 45. Neque aliud vi­lum remedium proponitur priva­tis hominibus tyranno subjectis. praeter vitae emendationem, & preces & lachrymas. Aret. loc. com. similiter. Bucanus (who is no Royalist) whe­ther the Prince be a Beleever or an Infidell; whether hee rule justly or unjustly, courte­ously or couetously & cruelly; For wheras there are but duo legis Termini; Two effects of the law; 1 The one to performe the Com­mandement: 2 The other to undergoe the pu­nishment. If Princes command any thing which Subjects may not performe;c be­cause it is against the lawes of 1 God, or of 2 Na­ture, or 3 impossible; yet Subjects are bound to undergoe the punishment without either resi­stance, or railing and reviling. And so to yeeld a passive obedience, where they cannot exhi­bit an active one; yea and in that passive obe­dience there must bee still actually retained, 1 fidelitie, free from conspiracy, although they had power and oportunitie for it, 1 Sam. 26.8.9.10. Ierem. 29.7. And 2 pietie to pray even for their oppressing Rulers; ut det illis Deus vitam prolixam, imperiū securum, domum tutam, [Page 14]exercitus fortes, populum probum, orbem quie­tum, That God would grant to them along life, a secure raigne, loyall Courtiers, valiant Soldiers, obedient Subjects, and peacefull neighbouring Princes, as the Primitive Christians, prayed even for Ethnicke Empe­rors under whom they lived, asApol. c. 30. Tertullian teacheth; whom theArtic. 40. French Confession, to­gether with the Confessions ofCap. 16. Bohemia, andArtic. 16. et Apol Eccles. Anglic. c. 6. divis. 1.4. et defens. Apol. part. 4. Auspurge, seeme to imitate. Nor are Prin­ces onely thus to be 1 honoured, and 2 obeyed, but 3 maintained also.

For maintenance is to bee allowed for Princes both for the common charge of every office, andCalvin, et Bu­can: de Magistrat. et Paraeus in loc. their private Royaltie, which is conjoyned with the honour of the State: And that not onely out of theirCalvin 4. Instit. c. 20. Crowne Lands, and re­sidues, and portions, mentioned Ezek. 48.21. But also by imposed Taxes; whether it beeCapitibus, [...], Tributum, in this verse; Ordinarie Taxes upon immoveables;Solo, [...], vectigal, in the same verse, imposts upon Trades, Traf­fiques, and Merchandize.Bonis im­mobilibus. [...] Census, Mat. 22.17. Toll or Tythes upon their Lands, orEt Portoriaseu ve­ctigalia de Mer­cibus. Bucan. loc. 49 q. 52. [...] Matth. 17.24.25.As for exam­ple, statute for Subsidy, Iacob. 21. Pole mo­ney of all Stran­gers, Denisons, or not And Statute for Subsidie, Carol. 1 Pole money of al Strangers, Denisons, or not. And also of convict Recu­sants above 17 yeares, be­ing not Subsidy men. And in many other places of our Statutes. Habet ius exi­gendi [...], ordinaria Tribu­ta seu taleam, De Pole money of [Page 15]their persons; at some times, and upon some occasions.

Tribute, being due to Princes by a Triple Obligation, asIn vers. 6. ob­servat. 2. Paraeus affirmes, (who I hope all will confesse is no parasite to them) Iure 1 divino, 2 naturali, & 3 civili, By the Law of God, as the signe of our subjection, by the Law of Nature, as the reward of their paines and protection; by the Law of Nations, as the sinewes of the States preseruation. Si­thence that without money, Soldiers cannot be waged for warre; Counsellors cannot be supported for peace; Intelligence cannot bee procured from abroad; Lawes cannot bee executed at home; nor Church can flourish; nor Common-weale stand firme: The consi­deration of which things, no question, madeAd Philip. Ep. Polycarpus, Ep. ad Tolos. Martialis, In Apol. pro Christian: ad Anton. Pium. Iustin Martyr, Vbi supra & ad Scapul. Tertullian, In Iul. orat. 1. Greg: Nazianzen, Ep. 33. Ambrose, Ep. 42. ad frat. Madaur. August. In Mat. can. 23. Hilarie, Sent. 99. Prosper, Ʋbi supra. Cyril, Ep. 170. ad Reg. Ludovic. Ber­nard, In Roman. Anselme, (but what name I so many?) yea all Antiquity to bee absolutely for abso­lute obedience to Princes in all civill or tempo­rall things: And the more moderate moderne Divines, asSleid. Com. l. 5. Luther, In Resp. ad Artic. Rustico­rum, Quando quid praecipitur contra publicam justitiam, cuius generis sunt bo­norum exactio, aut corporis ve­xatio, subditum in hujusmodi in­juriis obedientia decet. Brentius, Apud Luth. tom. p. 463. Quamvis videa­mur promisisse o­bedientiā hac cō ­ditione siligitime imperet Magi­stratus, tamen nō ideo licet injustā vim Magistratꝰ vi depellere. Vid Aret. loc. 153. Melancthon, [Page 16] Instit. l. 4. c. 20 s. 24. to 30 ac ubi supra. Calvin, Ʋbi supra. Beza, Sub Hen. 8. de Christ. hom. instit Cranmer, and the Bishops and Divines of England, The opinion of the Congre­gation, Art. 39. Edit. An. 1564 The Ministers of the Reformed Churches, We know that though we bee free, we ought wholly in true faith holily to submit our selves to the Magistrate both with our body, and with all our goods. vide Harm. conf. tit. Civil. Magistr. the former Confession of Helvetia, the Confession of Art. 36. All men of what dignity, state or condition soever they be, ought to be sub­ject to their lawfull Magi­strates, and pay unto them Subsidies and Tributes, and obey them in al things which are not repug­nant to the Word of God Ʋide ubi supra. Belgia, f Bucanus, g Chytreus, yea andh Paraeus (some of which otherwise are not so just to Princes) ac­knowledge in this particular, That if a Prince impose an immoderate, yea an unjust Taxe, i yet the subject may not thereupon withdraw his obedience and dutie; Nay hee is bound in conscience to submit, as under the scourge of his sinne,; for, Quanquam actio immoderata, sive expilatio injusta est, tamen pas­sio est justa, saith Bucanus. So that, as Paraeus (for I still intend especially to make use of Anti-royalists, because they cannot be excep­ted against in this point) as Paraeus, I say observes upon those words, vers. 6. For this cause pay you Tribute also: Non dicit Apostolus propter hoc etiam Tributa exigunt, sed Tributaeis solvitis; docens semper justè sol­vitributa à subditis, licèt aliquando non justè exi­gantur à Magistratu: The Apostle doth not [Page 17]say, For this cause they exact Tribute; but you pay them Tribute; thereby teaching, that Tribute may alwayes bee justly, and with a good conscience, paid by the subject, although it be sometimes unjustly imposed and exact­ed by the Ruler: and he gives the instance in the Iewes and Romanes; Romani malè ad se traxerunt censum Templi, quem justè pen­debant Iudaei: And we might amplifie it in our Saviour, paying tribute although free, & rather working a Miracle to pay, than have offence taken by the Ruler, Mat. 17.25.26.27.

Nor was this onely the Custome of Con­querers, in forraine Kingdomes, which they invaded; but even of Native peacefull Kings, to their naturall Subjects, in those Dominions whereto they were elected, or wherein they succeeded; as appeares in Non id jure facturi erant reges, quos opti­me ad omnem continentiam lex instituebat, sed jus in populum vocahatur, cui parere ipsi neces­se esset, nec obsi­stere licet; ac si dixisset Samuel, eò se proripiet li­centiae Regum li­bido, quam cohi­bere vestrum non erit, quibus hoc restabit unum jussa excipere, ac dicto audientes esse. Cal. 4. inst. cap. 20. § 26. I dispute not here whether this be jus Reg­ni, or praxis Regum: but sup­pose it be but the practise of Kings, & more than right, yet ye see Calvins judgment is Hos unum restat jussa excipere. Saul taking both the substance and Persons of the Israelites, 1 Sam. 8.11. to 17. And in Solomon laying Taxes upon the same people, 1 Reg. 12.4. And how fearfull the very indeavoring to shake off these Burthens, (though too heavie to beare) hath proved, may appeare by that instance never to be imitated, of that people [Page 18]in Rehoboams time, where the attempt to free their bodies and states from Soveraigne Invasion, captivated their soules under Idolatrous Supersti­tion, 1 Reg. 12.16.26.33.

Oh, let not us then conceive to our selves a Conscience grounded upon suspicious con­jectures, de futuris contingentibus; concerning which, no man can set downe certainties; And we are bound to beleeve the best concer­ning all men, much more concerning our So­veraignes promises, asQuibus debe­tur candor (ju­stitia politica di­stributiva:) cu jus est, interpre­tari omnia in bo­nam partem, pro­ximo non detra­here, & detra­hentibus aures non praebere, cum quo pugnat ca­lumnia seu obtre­ctatio, suspicaci­tas, & diffiden­tiae. Polanus and Tilenus truly. Nor let us square our consciences by the Lesbian Rule of Iesuites and Schismatikes, contrary to all the current of Antiquity, as even themselves are forced to confesse, whilestBellarm. de Ro. Pont. Bucha­non de jure Regn. apud Scot. they childishly answer, that the primitive Christians obeyed their Rulers, onely because they had not then power to resist; which besides thatEt Clem. Rom. Recognit. l 1. fol. 22 & Aug &c vid. Belson tract. of Christian Subjection part S. Cyprian ad Demetrian, clears to the contrary, whilest he tels us, Nemo nostrū quando apprehenditur reluctatur, quamvis ni­mius, & copiosus, Et Widdring­ton Apol. cont. Bellarm. pro. ju­re Princip. et Confut. of the Reply of T.F. noster sit numerus. I hope Saint Pauls doctrine, both in this Chapter and 1 Tim. 2.1.2. and Saint Peters, 1 Pet. 2.13.14. is the same to us, it was to them: [Page 19]yea and our Saviours Reddite Caesari, Mat. 22.18. was not with a Rebus sic stantibus, like thatGranted to the Papists in England at the procurement of Campian and Parsons 1580. Bull of Gregory the thirteenth.

O let us not therefore, I say, conceive to our selves such scruples, as not to give Tri­bute where and when Tribute is due, or to refuse aFor it is but borrowed. Vid. Martin Hist. of 20. Kings Ed. 3. an. 14. 1339. p. 109. et Hollin­shed. Hen. 8. 1522. p. 874. & ibid. ann. 14. 15. 1523. p 877. & an. 34. 1541 p. 957. And the most, if not al of those who best know the lawes of this kingdome, haue lent at this time, which as­suredly they would not have done, if they had not known that it was nei­ther vnjust nor vnlawfull Loane, or any other Aide, which is not unjustly exacted; and which isIn his Maje­sties commissi­on and Procla­mation. promi­sed shall not be immoderately demanded, espe­cially, considering that thereby, wee who are bound1 Iohn 3.16. to lay downe our lives for our brethren, may by laying downe a little of our estates, save our owne lives, and our bre­threns: Yea further considering, that it is not our brethren onely, but our selves also that are in danger, as is more than probable by the pro­ceedings in forraine parts. And further this may be considered also, that not onely our bodies are in danger of warre and wounds; but our soules, of Heresie and Superstition; Religion it selfe (as it is established in this Kingdome) being the marke that is shot at in this businesse.

Oh consider what it would availe to winne the whole world, much lesse our wils, [Page 20]and lose our soules; And seriously consi­der, how as Ieroboam tooke the opportuni­tie of the breach betwixt Rehoboam and his Subjects, to bring Idolatry into Israel: So the papists lye at waite, if they could find a Rent betwixt our Soveraigne and his Subjects, (which the Lord forbid) to reduce supersti­tion into England: I speake no more than I have heard from themselves, whilest I have observed their forwardnesse to offer double Anno primo Reg. Carol. the Act for the sub­sidie of the Lay­tie, whereby Popish Recu­sants were to pay double ac­cording to an act of Parliament so providing; yea to profess, that they would depart with the halfe of their goods: And how or why can this for­wardnesse be in them, but in hope to cast the imputation of frowardnesse upon us? and so to seeme (that which the Iesuite will not suf­fer them to bee) loving and loyall Subjects. Nor speake I this as aFor it is well knowne that I preached di­vers Sermons in the Lucture at Brackley to perswade to the reliefe and ayd of Religion, the State, and our afflicted Bre­thren and Con­federates, long before there was any speech of the Loane. Sycophanticall Time­server, nor as a Statizing Court Oratour; or one who had left God to preach for the King; as some are too apt uncharitably to censure; unchristianly dividing God and the King. Yea sooner would I withEuseb. l. 2. c. 23 Iames the first Bishop of Hierusalem, have my braines beaten out with clubs; or withIdem. l. 8. c. 20 Romanus the Martyr, [Page 21]have my tongue plucked out of my head; or with those ancient Martyrs ofIbidem. c. 12. Antioch, or ours of later times, burne off my own hand, than my braines should be made the Instru­ment to invent, my tongue to utter, or my hand to write and defend that, by which Christian Libertie should bee captivated; Ty­ranny erected;Bacon, Hen. 7 Heaven forced to descend to serve Earth; Divinitie made the Handmaid of Policie; or Religion the Stalking-horse of the State: But out of an unfaigned feare of fu­ture Events at home and abroad, to the Church and State; out of an earnest zeale to God and Religion; Out of a fellow-feeling of our Brethrens Miseries; out of a religious de­sire, that wee may all avoid that sentence from the Almighty, Curse ye Meroz, yea curse them bitterly, because they went not out to fight the battailes of the Lord, to helpe the Lord against the mightie, Iudg. 5.23. Out of an affectionate indeavour that each particular may escape that imputation; The divisions of Ruben were great thoughts of heart, Iudg. 5.15.16. As of sinceritie, as of God, in the sight of God, I speak my cōscience in Christ, both concer­ning [Page 22]what is the duty of, & the due to the head of this body politike, which is the King. And I earnestly pray, and stedfastly hope, that hee which doth, and they which shall sway the Scepter of this Kingdome, will consider, thatAmbros. in loc. Reddi vult ab omnibus debita, quia et potentes sunt debitores in­serioribus ut re­spondeant meri­tis illonem. Sic Calv. Instit. l. 4 c. 20. s. 29. et conf. Bohem. et Bucan. c. 49. q. 30 et Chyt. in procept. 5 Rulers also owe mutuall duties to their Subjects, as 1 to establish and defend Reli­gion, and the law of God; as (the Lord be prai­sed) ours hath done; 2 to maintaine the funda­mentall Lawes and Liberties of the Kingdome, as wee may certainely perceiue hee doth and will doe; 3 to provide for the Common Safetie and Peace of the Subjects; as all may see he is doing; 4 Not needlesly to exhaust, nor prodigally to mispend the Treasure of the State; which as­suredly no man can say he hath done; yea and I doubt not but he and they will easily discerne, what a difference there is betwixt his happy Throne, and the tottering State of those, who should governe in a Common-weale, where the Religion was directed byL. 5. de Pont. Rom. c: 6.7. Bellarmine, Jnstit. Cathol tit. 46. s. 75. Simancha, L. 1. instr. c. 13 Tolet, Doleman Parsons, Philopater Creswell, De visib. Mo­narch. l. 2. c. 4. Saunders, Didymus. p. 261 Stapleton, and thatJes. l. de justa abdicat: p. 46. Raynaldus de justa autorit. p. 8 Azorius Inst. mor. c 15. Bozius de Eccl. monarch. temporal. ad Clem. 8. Iesuited societie; Or byDe iure reg. apud Scot. Buchanon, Apol. et Histor Knox, De Polit. Christ. l. 2. c. 6 Danaeus, Conference &c. and before the King and Councell. De­cemb. 21. 1585. Iames Gibson, In Q Maries time, &c. vid. Bilson part. 3. cit. p. 516. Goodman, before [Page 23]the time of his Recantation, and that facti­ous fraternitie; The one of which makes the Church above the King, and the Pope above the Church, and so dethrones Princes by his Thunderbolts of Excommunication and De­privation. The other make the Law above the King, and the people above the Law, and so de­pose Princes, by their Tumults, and Insur­rections; yet that I may not wrong them, (nor we wrong our selves and our Sove­raigne, by opinions borrowed from them, but misunderstood,) the later sort (if I un­derstand) stretch not so farre, as against an Hereditary successive Ruler; but onely to those,Paraeus in loc. explic. dub. de po­testate civili, pro­posit. 2. rat. 3. And Buchanon de jure regni apud Scon about the latter end of that factious discourse, layes the like ground for all his Re­bellious positi­ons. qui constituuntur, vel per populi consen­sum, vel per senatum, velper electores, velper a­lios Magistratus; who are placed over the people, 1 either by the consent of them­selves in general; 2 or by the Senate or Parli­ament in special; 3 or by Electors in particu­lar; 4 or by other Magistrates and Rulers which are Superiours; And of these they hold, that quorum est constituere, eorum est eti­am enormiter grassantes coercere; which para­doxe, although I have not time to dispute, yet [Page 24]I may conclude positively, that, howsoever this trencheth not upon our Princes, nor warranteth any waywardnesse in our State. And therefore I leave them and their digladiations about Elective Dignities, and praying for the peace of our hereditary setled Kingdome, descend to take a view of the Trunke of this body Politick, which is the Common-weale. Where, although I name onely the Common-weale, yet I would not be understood as if I inten­ded to exempt the Clergie; The Church and State being so nearely united, that though they may seeme two bodies, yet indeed in some respects they may be accounted but as one, in as much as they are made up of the same men, which are differenced onely in relation to spirituall or civill ends; so that whereas vers. 1. Every soule is injoyned to be subject in performance of this dutie; O­stendit Apostolus quod ista imperentur omnibus, & sacerdotibus, & monachis, non solùm secula­ribus; Etiam si Apostolus sis, si Evangelista, si Propheta, sive quisquis tandem fueris, saith S. Chrysostome; whatsoever the Pope and his Shavelings glosse to the contrary. But lea­ving [Page 25]them, as not so fit subjects for the pre­sent occasion: Although the Common-weale be safest and most beautifull when it is at unitie in it selfe, and divisions are alwayes dangerous, yet that the speciositie may the better appeare to us, wee must survey it by particulars; Of which the remainder of this short houre here, will give us leave to shew but a few: Nor know I whether the Law should be reckoned in this ranke, or as a medium betwixt the Prince and People: But whereas the Law is a mute Iudge, and the Iudge a speaking Law; so that these two are sometimes Termini convertibiles; and the State can as ill stand without the one as the other; the Law restraining the Iudges affec­tion, and the Iudge supplying the Lawes de­fect; I will here point at them promiscu­ously, in these foure particulars following.

The Dutie therefore of the Law and In­terpreters of the same is,

  • 1 First; to be just, without tyranny; not, Sic volo, sic jubeo, stet pro ratione voluntas; That were too cruell for a Conqueror.
  • 2 Secondly; Equall without partialitie: The [Page 26]same Law shall be to him that is borne in thine house, and to the stranger, Exod. 12.49. And thou shalt not respect the person of the poore, nor the rewards of the rich in judgement, Exod. 23. this is needfull even for a Iustice in the country.
  • 3 Thirdly; They must be moderate without extremity, for Summum jus summa injuria; But this is most proper for an arbitrary triall, or the Chancery.
  • 4 Fourthly; They must be plaine without ambiguitie: Not like those Lawes in the Conquerors time, of which Hollinshed complaines, that the peoples estates were confiscate, before they knew the Law, or understood the meaning of it; And this I take to bee proper and peculiar to you, who are the Reverend Grave Interpreters in these Solemne Iudicious Assemblies; which I hope you will so explaine, that these times shall not need to complaine, that they are made snares and traps to catch men. Iere­mie 5.26.

And as there are these Duties of the Law and Law-givers; so is there Due to the Law, [Page 27] 1 First Execution, which is the life of it: 2 and secondly Obedience, which is the fruit of it; 3 or else lastly punishment, which is the power of it: So that whosoever will not doe the Law of God, and the Law of the King, the Iudges must judge him, and let judgement be executed speedily upon him; whether it be unto death, or unto banishment, or to con­fiscation of goods, or to imprisonment, Ezra 7.25.26.

Wherein I need not to pursue the expla­nation of what is due to every particular offendor; As that he who is a Traitor to the King, should bee destroyed, and made an Example of obloquie to posteritie, as Big-than and Teresh, Esth. 6.2.

He that sheds mans blood, by man shall his blood be shed, Gen. 9.6.

He that wounds another, must suffer an eye for an eye, and a tooth for a tooth, Exod. 21.24. Although not lege talionis, yet Reta­liationis, by making satisfaction, vers. 19.

He that endeavors to damnifie anothers cre­dit by false rumours, or his state by false witnesse, as he would have done to another, so shall [Page 28]it be done to him, Deut. 19.16. to 20. ei­ther patiendo, by suffering punishment, or faciendo, by paying Damage, or by both.

These I say and infinite others, neither will time permit, nor doth your experience stand need; nor will the difference betwixt the Iewish and Christian Common-weales give leave, to parallell in all particulars; Onely as I am assured that you which are to judge, will doe it as for the Lord, and not for men, 2 Chron. 19.6. So I humbly and earnestly entreat, (for I will not presume to advise) whereas by the Law of God, a disobedient rio­tous person, and a drunkard, upon complaint of the parents, was to bee stoned, Deut. 21.20.21. yea and by the lawes of this Land, such are to be severely punished. And whereas there are daily complaints of their naturall pa­rents, (although not coram Iudice) against them with sighes and teares; whilest they feele their substance exhausted, heare their names discredited, see their neighbours abu­sed, yea oftentimes their owne lands, (which they in hope to advance them pas­sed over to them) passed away and wasted [Page 29]in their life time, and all their hopes frustra­ted. And whereas almost hourely, their spi­rituall Parents complaine against them in the Pulpit, and their Politicall Parents, threa­ten them pro Tribunali, and yet can have no amendment; I humbly and earnestly intreate you, that you will not suffer such Locusts to consume that, which might maintaine ma­ny able men, to doe the King and Countrey service; and they thereby make themselves unfit and unable for all imployment; And that you will not suffer the Horse-leach, the Alehouse-keeper, the sinke and common re­ceptacle of the sinnes of a Towne or Citie, to thrive by the undoing of the Spendthrift and of the Common-wealth. Let not Da­lilah be in riched by betraying Sampson to sla­verie, nor the Harlots ruffle with the Prodi­gals portion, whilest hee eates huskes with Swine; but let these fratres in malo, partake together of the punishment, as they have done of the sinne.

And whereas, there is not onely a Law of God, but even of man against the propha­ning of the Lords day; which concernes the [Page 30]fourth Commandement. And another a­gainst swearing, which concernes the third Commandement; Let not the one be bro­ken euen before your seates of Iudicature, whilest you have a Pleader vouch his Asser­tions with his owne oathes in stead of other evidence, as if he would make good the de­fects of his Rhetoricke with his reputation; or as if he had received a Double Fee, the one to Argue, the other to make Affidavit; and yet passe unpunished, for examples sake. Neither leave you God, as the Father of Gide­on did Baal, to plead for himselfe, Iudg. 6.32. lest hee plead against you with that Record, Zach. 5.1. to. 5. which will consume your houses with the Stone and Timber; Lest he witnesse against you with that evidence, Malac. 3.5. which speedily shall convict you; lest hee passe that sentence of guiltinesse upon you, frō which you can procure nor pardon nor reprieve. Let not the other which concernes the Lords day, seeme to have been consented to, onely upon the importuni­tie of a few precise persons, but never in­tended for execution, lest God set such a [Page 31] memorandum upon them and you (who will not be carefull of the memento set upon that Commandement) that who so heareth of it, both his eares shall tingle.

And as you must be thus single-hearted, who are the Heart of this Body politike, so to the end that the whole Body may be cleare, those which are to be your eyes, the Iurors, and those which are to be their Optickes, the evidence, must take heed that they bee not blinded, either with 1 feare, 2 affection, or 3 reward; for if the eye be darke,Mat. 6.23. [...]? how farre out of the way must the best members wander?

Let not therefore a great mans Livery, prove like Achans Babylonish garment; nor a rich mans purse, like his wedge of gold; neither let any be found amongst you of the Iurie, who (like the High Priests against Christ) have so much respect to the Common cause, (for feare it should prejudice your owne interest hereafter) that you will forfeit your Private consciences for the present; If we let him alone, the Romans will come and take away our government: Ioh. 11.48. So if you let this [Page 32]or that passe, it will be a leading case against your Command or Commoditie, and therefore crush it, be it right or wrong.

Yea and those which are to bee your Hands, (for I must still follow the Allego­rie of the body, and it fits us,) your servants and officers, must not be like Blastus, Herods Chamberlaine, who so they may have the fee­ling of a Fee, from them who give it for love of their owne Licentiousnesse, and not of Law or Iustice, will procure a peace for men as wicked as Tyre & Sydon; Act. 12.22. These things if you beware of, you will make up a sound body, beseeming so becautifull a Head, as was before described; and upon the accomplishment of these Duties, (Right Reverend Sages) you may expect and can­not misse of these Dues; Commendations and Cherishing from our Soveraigne; Thanks from your Countrie, in the generall; prayers from the Sutors, in particular; Temporall honour up­on earth; and eternall glory in Heaven;

In hope of which Duties to bee perfor­med by you, and Dues to bee prepared for you, I will proceed to the Third Thesis, which is

3 That although there be Duties to which Chri­stians are so obliged, and all have their part in the matter of that obligation or dutie, yet they have it in a different degree or manner, every man in his proper and peculiar place and order: designed in this word (Their) Their Dues.

The People must not be busie-bodies to pry into the Princes Dutie, the Laitie into the Clergies, or the Iuror into the Iudges, but eve­ry one into his owne, as wee have a Presi­dent, Luke 3. vers. 10. to 15. where the peo­ple doe not come and complaine of the Ex­action of the Publicans, nor the violence of the Soliders, but inquire of their owne dutie, what shall we doe? and receive directions accordingly. The Publicans doe not com­plaine of the backwardnesse of the people in pay­ments, or of the Souldiers in clamorousnesse, but inquire, what shall we doe? and are in­structed in their peculiar dutie. The Souldi­ers, doe not complaine how the people rebel­led and the Publicans with held their pay, but come with what shall we doe? and are in­structed according to their calling. Teach­ing us that none should be Curiosus in aliena [Page 34]Republica, and Desidiosus in sua: Aug. Stella, and Gualter. Quid de me loquuntur homines? what say men of me? and who am I? is the question of a carefull man; exemplified in our Saviour, Matth. 16.13. Tu quis es? who or what art thou? is the question of a captious man, represented in the Pharises Messengers, Ioh. 1.19.22. But, Quid hic faciet? what shall this man doe? is the inquisition of a curious man, Ioh. 21.21. yea and Saint Peter himselfe cannot passe with it, without the reprehen­sion of [...]? what is that to thee? verse 22. For often times it drawes upon them who delight in it, such deserved destruction, that Funcius his funerall verses had been a more profitable Meditation, then this their Poly­pragmaticall disposition;

Disce meo exemplo mandato munere fungi,
Et fuge ceu pestem [...].
Let my death teach thee how to frame thy life.
Fly censure like the plague, it breeds but strife,

Which that every man may be the better contented to doe, and to containe himselfe within the Lists of obedience and limits of his calling, I will onely briefly point at the [Page 35]manner of practise required at every mans hands, to the end that he may performe his dutie according to this order which must be

4 Fourthly, not for meere Compulsorie ne­cessitie, but voluntarily and cheerefully: denota­ted in this word Give or Render.

Cranmer and Thomson, render it [Give] inti­mating that it should not bee done grud­gingly or of necessity, as the Apostle speakes of Charitie, 2 Cor: 9.7. For Nec leprosa obedi­entia, nec canina patientia, Deo commendatur, Bern. A lame obedience, which comes slowlie after, and a dogged patience, which goes snarling and grumbling on, lose part of their grace and gratefull acceptation.

A Christian must doe his duties with cheerefulnesse, Rom. 12, 8. and 2 Cor. 9.7. before cited; for Conscience sake, and not for Necessitie, verse 5. of this chapter. Give as of good will, although it were not his dutie to render or pay.

But the Vulgar, Tremelius, Beza, and the Kings Bible, read it [Render] which agreeth with the Greeke Text [...]; By which [Page 36]word asIn loc. Marlorat observes, significat debi­tum quoddam inexcusabile subditis impositum esse; The Apostle signifieth, that there is an inexcusable debt lying upon the Subjects; which hee seemes to have borrowed fromOr Theophil. Vid. similiter, Pet. Mart. Muscul. Gualt. Aret. Athanasius, or Volgarius; who adde further, quod solvere principibus debeas, which ought to be paid to Princes; which might teach the Subject even in case of policie to take out that lesson, Fiat voluntarium quod fu­turum est necessarium; Doe thou thy selfe make that voluntary, which others may make thee doe of necessity: And if it were but even for this Cause, Render therefore to all their dues.

FINIS.

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