plead it: But my reply was, By what then doth he coerce those Refractories? for I have not heard of any Law whereby they are imprisoned, and therefore I must take it to be by the King's Prero∣gative.
To the second, Page 8. The King's duty is first to direct and make Laws. There is no Law made till the King assent unto it; but if it be but simply to make Laws, it will cause much startling at it.
To this I remember not any material thing an∣swered, neither to the third.
Page 10. If nothing may excuse from active obedi∣ence, but what is against the Law of God, or of Nature, or impossible: How doth this agree with the first fundamental Position, Page 5. That all Subjects are bound to all their Princes, according to the Laws and Customs of the Kingdom wherein they live?
This is a fourth Case of Exception.
And here before I go to the rest, the Doctor did truly hit upon a good point, in looking to the Laws and Customs, if he could have kept him to it; for in my memory, and in the remem∣brance of many Lords, and others that now live, Doctor Harsenet, the then Bishop of Chichester, and now of Norwich, in Parliament time preach∣ed a Sermon at Whitehall, (which was afterwards burned) upon the Text, Give unto Caesar the things that be Caesar's. Wherein he insisted, That Goods and Money were Caesar's, and therefore they were not to be denied unto him.
At this time, when the whole Parliament took main offence thereat, King. James was constrain'd to call the Lords and Commons into the Banquet∣ing-house at Whitehall, and there his Majesty calmed all, by saying, The Bishop only failed in this, when he said, The Goods were Caesar's; he did not add, They were his according to the Laws and Customs of the Countrey wherein they did live.
So moderate was our Caesar then, as I my self saw, and heard, being then an eye and ear wit∣ness; for I was then Bishop of London.
To the Fourth, the Poll-money, in St. Mat∣thew, was imposed by the Emperor, as a Con∣queror of the Jews; and the execution of it in England, although it was by a Law, produced a terrible effect in King Richard the Second's time, when only it was used, for ought that ap∣peareth.
Here the Bishop in the Paper excepted divers things, as, That sometimes among us by Act of Parliament, Strangers are appointed to pay by the Poll, which agreeth not with the case; and that it was not well to bring Examples out of weak times, whereas we live in better; but that it was a marvellous fault, the blame was not laid upon the Rebels of that Age.
Those are such poor things, that they are not worth the answering.
But my Objection in truth prevailed so far, that in the Printed Book it was qualified thus [Poll∣money, other persons, and upon some occasi∣ons] where obiter I may observe, That my re∣fusing to sign the Sermon, is not to be judged by the Printed Book, for many things are altered in one, which were in the other.
To the Fifth, Page 12. it is in the bottom, view the Reign of Henry the Third, whether it be fit to give such allowance to the Book, being surrep∣titiously put out.
To this it was said, That being a good passage out of a blame-worthy Book, there was no harm in it.
But before the Question of Sibthorp's T••eatise, the Bishop of Bath himself being with me, sound much fault with that Treatise, as being put out for a scandalous Parallel of those times.
To the sixth in the same Page, Let the large∣ness of those words be well considered, Yea, all Antiquity to be absolutely for absolute Obedience to Princes, in all Civil or Temporal things: For such Cases (as Naboth's Vineyard) may fall within this.
Here the Bishop was a man in a rage, and said, That it was an odious comparison; for it must suppose, that there must be an Ahab, and there must be a Jezebel, and I cannot tell what: but I am sure my Exception standeth true, and reviling and railing doth not satisfie my Argu∣ment, All Antiquity taketh the Scripture into it; and if I had allowed that proportion for good, I had been justly beaten with my own Rod.
If the King, the next day, had commanded me to send him all the Money and Goods I had, I must, by my own Rule, have obeyed him; and if he had commanded the like to all the Cler∣gy-men in England, by Doctor Sibthorp's propor∣tion, and my Lord of Canterbury's allowing of the same, they must have sent in all, and left their Wives and Children in a miserable case. Yea, the words extend so far, and are so absolutely de∣livered, that by this Divinity, if the King should send to the City of London, and the Inhabitants thereof, commanding them to give unto him all the wealth which they have, they were bound to do it: I know our King is so gracious, that he will attempt no such matter; but if he do it not, the defect is not in their slattering Divines, who, if they were called to question for such Doctrine, they would scarce be able to abide it. There is a Meum and Tuum in Christian Commonwealths, and according to Laws and Customs, Princes may dispose of it, that saying being true, Ad Reges Po••••∣stas omnium pertinet, ad singulos ••ropri••tas.
To the seventh, Page 14. Pius Quintus was dead before the year One thousand five hundred and eighty,
They make no Reply, but mend it in the print∣ed Book, changing it into Gregory the Thir∣teenth.
To the last, in the same Page, weigh it well, How this Loan may be called a Tribute; and when it is said, We are promised shall not be immoderately imposed.
How that agreeth with his Majesties Commis∣sion and Proclamation, which are quoted in the Margent, they make no Answer; but in the pub∣lished Sermon, distinguish a Tribute from a Loan or Aid, whereby they acknowledged it was not well before; and indeed it was improper and absurd, worthy of none but Dr. Sibthorp.
I have now delivered the grounds whereupon I refused to authorise this Book, being sorry ••t my heart, that the King, my gracious Master, should rest so great a building upon so weak a foundation, the Treatise being so slender, and without substance, but that it proceeded from a hungry man.
If I had been in Council, when the Project for this Loan was first handled, I would have u∣sed my best Reasons to have had it well ground∣ed; but I was absent, and knew not wher ••p∣on they proceeded, only I saw it was followed with much vehemency: And since it was put in ••xe∣cution,