I said, the Puritan tenet is, that you may doe both. Your learned Councell7 might have told you out of Bracton, an ancient lawyer of this kingdome, omnem esse sub Rege & ipsum sub nullo, sed tantum sub Deo.8 And Horace could have told you, that kings are under none but God. Reges in ipsos imperium est Jovis, as he there hath it. You may moreover please to know, what Gregorie of Tours said once to a king of France; Si quis e nobis, O Rex, justitiae tramites transcendere voluerit, a te corripi potest; si vero tu excesseris quis te corripiet? &c. If any of us, O king, offend against the rules of justice, thou has power, “to punish him, but if thou breake those rules, who hath power to doe it? We tell you of it, and when you list, you please to heare us, but when you will not, who shall judge you, but he that tells us of himselfe, that he is justice.”
This was you see the ancient doctrine, touching the power and right of kings, not only amongst Jewes and Christians but in heathen states: whatever new opinion of a limited power, you have pleased to raise.
But you goe further yet, and tell us of some things the king cannot do, and that there is a power which the king hath not; what is it, say you, that the king cannot doe? Marry you say he cannot “institute new rites and ceremonies, with the advise of his Commissioners Ecclesiasticall, or the Metropolitan, according as some pleade from the Act of Parliament before the Communion booke,” pag. 65. Why so? Because, according to your law, this clause of the Act is limited to Queene Elizabeth, and not extended to her successours of the Crowne. This you affirme indeede, but you bring no proofe: only it seems you heard so from your learned councell. You are I see of Calvin’s minde, who tells us in his Commentarie on the 7 of Amos, what had beene said by Doctor Gardiner, after Bishop of Winchester, and then Ambassadour in Germany, touching the headship or Supremacie of the king his master: and closeth up the storie with this short note, inconsiderati homines sunt, qui faciunt eos nimis spirituales, that it was unadvisedly done, to give kings such authority in spirituall matters. But sir I hope you may afford the king that power, which you take yourselves, or which your brethren at the least have tooke before you: who in Queene Elizabeth’s time had their Classicall meetings9 without leave or licence, and therein did ordeine new rites, new Canons, and new formes of service. This you may doe, it seemes, though the king’s hands are bound that he may not doe it. And there’s a power too, as you tell us, that the king neither hath nor may give to others. Not give to others certainely, if he have it not; for nemo dat quod non habet, as the saying is. But what is this? You first suppose and take for granted, that the Bishops make foule havocke in the Church of God, and persecute his faithfull servants: and then suppose, which yet you say is not to be supposed, that they have procured a grant from the king to doe all those things which of late they have done, tending to the utter overthrow of religion by law established. And on these suppositions you doe thus proceede. Yet
whatsoever colour, pretext or shew they make for this, the king (to speake with all humble reverence) cannot give that power to others, which hee hath not himselfe. For the power that is in the king is given him by God, and confirmed by the lawes of the kingdome. Now neither God in his law, nor the lawes of the land, doe allow the king a power to alter the state of religion, or to oppresse and suppresse the faithfull ministers of the Gospell, against both law and conscience. For kings are the ministers of God for the good of his people, as wee shewed before. p. 72, 73.
So you, and it was bravely said, like a valiant man. The Brethren now may follow after their owne inventions, with a full securitie: for since you have proclaimed them to be faithfull ministers, no king nor Keisar dares suppresse them; or if he should, the lawes of God, and the law of the land to boote, would rise in judgement to condemne him, for usurpation of a power which they have not given him. But take me with you brother B. and I perhaps may tell you somewhat that is worth your knowledge. And I will tell you sir if you please to hearken, that whatsoever power is in the king, is from God alone, and founded on the law of nature. The positive lawes of the land as they conferre none on him, so they confirme none to him. Rather the kings of England have parted with their native royalties for the people’s good: which being by their owne consent, established for a positive law, are now become the greatest part of the subjects’ liberties. So that the liberties, possessions, and estates of the king’s leige people, are, if you will, confirmed by the lawes of the land; not the king’s authoritie. As for the power of kings which is given by God, and founded on the law of nature, how farre it may extend in the true latitude thereof, we have said already. Whether to alter the state of religion, none but a most seditious spirit, such as yours would put unto the question: his majestie’s pietie and zeale, being too well knowne to give occasion to such quaeres. Only I needes must tell you, that you tie up the king’s hands too much, in case he may not meddle with a company of Schismatickes, and refractarie persons to all power and order, only because you have pronounced them to be faithfull ministers of the Gospell. Such faithfull ministers of the Gospell as you and yours, must bee suppressed, or else there never will be peace and unitie in the Citie of God. And yet I see you have some scripture for it, more than I supposed: king’s being, as you tell us from S. Paul, the ministers of God for the good of their people, and no more than so? I thought S. Paul had also told us, that the King is a minister of God, an avenger to execute wrath upon him that doth evill: yea more than so too brother B. and it may concerne you, viz. if thou doe that which is evill be afraid, for he beareth not the sword in vaine. Aut undequaque pietatem tolle, aut undequaque conserva;10 Take the whole text along good sir, or take none at all: and if you take all be afraid, as you are advised, verbum supienti.
I must goe forwards with you yet from the authoritie of the king, to the obedience of the subject; which you doe presse indeede, but on such false grounds, as in conclusion overthrow the whole frame of government. The absolute obedience of the subject you have dashed alreadie, and reckon it amongst those innovations in point of doctrine, which you have charged upon the Prelates: and in the place thereof bring in a limited or conditionall obedience, of your owne devising. Your first condition or limitation rather, is, viz. that our subjection unto the King, is to be regulated as by God’s law, the rule of universall obedience to God and man, so by the good laws of the king. p. 38. The king as you informe us p. 42. having entered into solemne and sacred covenant with all his people, to demand of them no other obedience, but what the good lawes of the kingdome prescribe & require: as on the other side, the people swearing no other obedience to the king than according to his just lawes, pag. 39. and 40. In which restraint, there are two things to be observed, first that wee are to obey the king no farther than there is law for it, and secondly no farther than that law seemes good. So that in case the king commands his people any thing for which he hath no positive law to warrant his command; and of this sort are many Proclamations, orders, decrees, injunctions, set out from time to time by the king’s authoritie, and Prerogative royall, by brother Burton’s rule the people are at liberty to obey or not. And on the other side, in case the said command bee grounded on some positive law which they like not of, whether it be a penall statute, or some old Act of Parliament almost out of use, by the reviving of the which they may be prejudiced in purse or otherwise: this is no good law in their judgement, and so no more to be obeyed than if the king’s command were founded on no law at all. But your next limitation is farre worse than this, though this bad enough. For in the next place you have
grounded all obedience on the people’s part, upon that mutuall stipulation which the king and his subjects make at his Coronation. Where the king takes an explicite solemne oath to mainteine the antient lawes and liberties of the kingdome, and so to rule and governe all his people according to those lawes established; consequently and implicitely all the people of the land doe sweare fealtie, allegiance, subjection and obedience to their king, and that according to his just lawes, pag. 39. Your inference from hence is this, that if the king so solemnely by sacred oath, ratified againe in Parliament under his royall hand, doe bind himselfe to maintaine the lawes of his kingdome,
