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justice_n	king_n	law_n	right_n	3,390	5	7.1155	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70765	Anti-Paræus, or, A treatise in the defence of the royall right of kings against Paræus and the rest of the anti-monarchians, whether Presbyterians or Jesuits. Wherein is maintained the unlawfulnesse of opposing and taking up arms against the Prince, either by any private subject, inferiour magistrate, the states of the Kingdom, or the Pope of Rome. Confirm'd from the dictate of nature, the law of nations, the civill and canon law, the sacred scriptures, ancient fathers, and Protestant divines. Delivered formerly in a determination in the divinity schooles in Cambridge, April the 9th. 1619. And afterwards enlarged for the presse by learned Dr. Owen. Now translated and published to confirme men in their loyalty to their king, by R.M. Master in Arts.	Owen, David, d. 1623.; Mossom, Robert, d. 1679.	1642 (1642)	Wing O703; ESTC R6219	56,080	108

with the Sword Moses Gods Vicar He numbers the Heads of the Tribes constituted the Seventy Elders appointed the Tribunes Centurians Quinquagenarians and Decurians who ever acknowledged themselve nor Companions to Moses in Government but his Subjects And all the rest of the Kings alwaies chose to themselves Councellors and Inferiour Magistrates both to lessen their care and carefulnes and that they might have Helpers in handling dispatching their more difficult matters not that those Magistrates may make any Law to moderate the Royall Liberty or to revenge their Tyranny he affirms but proves not that the Inferiour Power is added to the Superiour for revenge and wrath If it be commanded it is presumption and shall procure punishment not reward because it redounds to the disgrace of the Creator saith Augustine that the Servants should be honoured the Head being despised and that the followers should be reverenced the Emperour being contemned This Addition therefore is point blank against the opinion of the Fathers and Protestants of whom we shall speak in due place as also the most Learned Men who have in this our Age illustrated the Civill Polity with their writings consult Bodine de Repub. lib. 2. cap. 5. the Apology for Kings cap. 27. Barclay against the Monarchom lib. 3. cap. 6. Berchet in explic controver Gallic cap. 2. Saravia de imper author lib. 2. cap. 36. Sigonius de Repub. Judaeor lib. 7. cap. 3. Note The Magistrates which are above the People are below the King whence it is that neither the People may resist the Magistrate nor the Magistrate resist the King without Sacriledge Christ himselfe hath taught and so the Apostles and the Disciples of the Apostles and all Interpreters of Divine and Humane Laws have taught us That the greater neither ought to he judged nor condemned by the lesser Neither was it ever lawfull for the Pope Nobility or People to chastise the King till Hildebrands firebrands were kindled to the setting on fire all Christendom This Doctrine therefore is novell and Insolent whereof there is not extant in either the Old or New Testament any Precept or probable Example If there be any let it be produced and I will yeeld my selfe conquered and become slave to the Fathers the Jesuits and to the Brethren the Puritans We have this truth cleared and confirmed in Writings which shall remain committed to Posterity by Thomas Bilson late Bishop of Winchester in the seventh Chapter of his Perpetuall Government of the Church and Peter Greg. Tholos de Repub. lib. 5. cap. 3. num 14.15.16 David Paraeus In whose power it is to constitute in their power it is to restrain or take away those who rage in a disorderly violence but they are constituted either by the consent of the People or by the Senate or by the Electors or by other Magistrates Therefore these doe well when they either restrain or take them away Doctor Owen This Assertion is Capitall which the Emperour will not admit the King will not suffer which Bellarmine himselfe doth affirme to be rejected by the consent of all Divines that it is not necessary for me to refute it David Paraeus A Magistrate that is mad is justly removed by Publique Authority as Nebuchadnezzer being turn'd into a furious Beast was driven out from the Company of Men Dan. 4.31 Doctor Owen The casting out of Nebuchadnezzar was extraordinary as there are many things by Divine command in the Sacred Scriptures How Nebuchadnezzar was driven out is uncertain which without Sacriledge cannot be drawn into example Howsoever the manner of his casting out is doubtfull and uncertain Calvin being Witnesse It is uncertain whether God smote this King with fury so as that he fled away and lay hid for some time they are the words of Calvin or that he was cast out by a Tumult and Conspiracy of his Nobles or else by the consent of the whole People This is doubtfull because the Histories of those times are unknown to us and that indeed he was not turned into a wilde Beast the same Calvin will tell us It is probable saith he that he was so astonisht that God left him the Forme of a Man but took away his reason This Calvin upon Dan. 4.32 From a Miraculou Act and from doubtfull and uncertain Circumstances to gather a sure and certain rule is the part of him who hath little Brains in his Head David Paraeus A raging and cruell Tyrant is like to a mad Man Doctor Owen All these are very ill compared together Every private Man is Armed by the Divine Law the instinct of Nature and publique Authority against Robbers and violent spoilers a Tyrant being seated in an higher Power is liable to punishment by no Humane Laws being safe in the height of his Empire Whence it was that David not ignorant of the Divine Ordinance in the Office of the Regall Order he honoured Saul a Tyrant and defiled with all kinde of wickednesse as yet placed in that same Divine Ordinance least he might seem to do injury to God who hath decreed honour to those Orders For the King hath the Image of God as the Bishop the Image of Christ So long then as he is in that Divine Ordinance he is to be honoured if not for himself yet for the Orders sake as Saint Augustine hath it The Reason not the same for a tyrant and a mad King in queast out of the Old Testament qu. 35. Neither in all things is the reason the same for a Tyrant and for a mad Man Tyranny doth proceed from Pride Covetousnesse Cruelty Wickednesse and innate Malice Madnesse doth not proceed but from ill affected Nature and the Laws do not punish Disseases but Impieties A Magistrate that is Mad saith Paraeus is justly removed justly good Sir that is just which agrees with the Rule of Justice this opposeth all Rule The Law of Christ deprives no Man of his Right by the Law of Nations Kingdoms are not possest by Vertue or Wisdom but descent The Civill Laws do not permit any defect in the mind to be any hinderance whereby Kings may be accounted Legitimate to whom they prescribe a Protector an Assistant or Minister of State to be appointed least the welfare of the Subjects and safety of the Common-wealth be put to hazard concerning whom consult the Apology for Kings cav 20. Barclay contra Monarch lib. 5. cap. 9. and Saravia de imperandi authorit lib. 4. cap. 39. David Paraeus The same is confirmed by worthy Examples both Sacred and Prophane The Israelites oftentimes by their Judges made Insurrection against the Neighbouring Tyrants by whom they were cruelly handled Doctor Owen There is nothing that can be produced so wicked so absurd or so foolish whereof an Example may not be drawn out of Sacred and Profane History but these examples Paraeus prove nothing Why the examples of Paraeus prove nothing because they are all either unlike or false or onely of Fact or unjust in

light of his Age he will cry out prosently an Act just holy and prayse worthy and that not in one place alone but almost in every page of foure Books which he composed to the envie of one Prince and the injury of all Kings Traytors magnified by the Papists Let Parry draw his Dagger he shall forthwith receive Apostolicall Benediction for the Remission of his sins and Salvation of his Soule Let a Monke stab a King he shall be extold in the prayses of slaying Holofernes even this in the Consistory of the Pope Let a Traytor attempt the Destruction of King and Kingdom by Gunpowder he shall be inserted into the Catalogue of Martyrs Let Castellus strik at the throat of a King or break his tooth he shall be honoured to eternity under the name of Franciscus Veronensis Constantinus in the Elogy of John Boucher heare ye Catholike men what the Father the Jesuite thinks of those holy men and Religious If they escape death they are admired as great Worthies if it happen otherwise they fall by their noble endeavours a Sacrifice acceptable to the Gods acceptable to men even to the Memory of all posterity By the Presbyterians Heare also a noble payre of Puritan Brothers Were it lawfull for me to make a Law I would command rewards to be appointed to the slayers of Tyrants not onely by all the People but by each of them as it is commonly wont to be done to them who have slain Wolves or Bears or caught any of their Whelps Buchan de Jure Regni p. 31. All Citizens which are lovers of their Country and which desire the safety of the Commonwealth ought to adjoyne themselves to the inferiour Magistrate against the Supreame and those same men Victory being gotten are to be preferred before the rest in obtaining the dignities of the Kingdom and before them especially who gave back and adjoyned not themselves to him Thus Danaeus de politia Christiana lib. 6. pag. 460. Who doth not abhorre this monstrous kind of Doctrines in disproving whereof he doth but misuse his pains who abounds with leisure and Learning Let passe this pretence Paraeus it is not lawfull for the Subject to resist the King We may not resist the King upon any pretence of Religion or Justice though a Tyrant upon any cause whatsoever either of true Religion or of Justice without injury to the Divine Law the Gospell of Christ and Tradition of the ancient Church Moses had the true cause of Justice who revenged his Brother upon the Ægyptian Peter had a true zeal of Religion when he would have delivered his most innocent Lord oppressed with most horrible injury from the hands of his Persecutors Yet did Moses offend and so did Peter both that I may use the words of Saint Augustine did exceed the rule of Justice he that is Moses offended through the love he had to his Brother and the other that is Peter through the love he had to his Master against Faustus Manichaeus l. 22. c. 70. That which was not lawfull long since for Moses in the behalfe of his Brother that which was not lawfull for Peter in the behalfe of his Master and the Religion of Christ is not at this day lawfull for any man for Religions sake whether it be Roman or Reformed unlesse it be by a New Gospel not yet fully reveal'd to the Christian World That Decree of the ancient Councell held at Eliboris is well known If any shall * That is without lawfull authority break in pieces the Idols and there or then be slain because it is not found commanded in the Gospel or practised by the Apostles it hath pleased us to decree that he be not received into the number of Martyrs Can. 60. Yea the former and purer Church hath detested this Justice and Religion more than either Dog or Serpent of whose praise Saint Augustine speaks De Civit. Dei l. 22. c. 6. The City of Christ though it was a stranger on Earth and had great troops of people against the wicked persecutors yet did it not fight for temporall safety but rather not resist to obtain eternall safety To take up Arms against a Tyrant were it lawfull yet is it not expedient True Religion was alwaies humble and the conserver of Kingdoms The false Religion that hath alwaies set Kings at odds and Arm'd the Subjects against their Superiours from whence it appears this is not the true Religion but such as hath put on the faire shew and specious maske of Piety and the better the Author is of which it boasteth the more detestable it is I will say further were it a thing Lawfull yet were it not a thing expedient For the miserable People whilst they endeavour to shun the Scylla of one Mans Tyranny they fall headlong upon that Charybdis of many Tyrannies All things shall be exposed to devastation and destruction The Peasant will insult over the Nobleman the Servant over his Master the Robber over the Rich the Oppressor over the Citizen the Adulterer over the Matron the Lecher over the Virgin the Pyrat over the Merchant the Thief over the Traveller and the Spoyler over the Husbandman Lastly one Man will be a Wolfe to another This evill ●iberty will endure no Law no Law will make a most miserable Common-wealth when every man may doe what seemeth good in his own eyes as it was in those Dayes when there was no King in Israel The Sixth Moderating Condition David Paraeus A favourable Interpretation being alwaies reserved and the ordering of an unblameable defence according to the Laws Doctor Owen It is not an unblameable Defence but a most detestable Sedition to resist the Superiour The places of Scripture against this Sedition are so clear and manifest that they cannot be eluded by any sly evasion Prov. 20.22 Rom. 12.19 1 Thes 5.15 1 Pet. 3.9 whosoever therefore shall offer violence unto any man not commanded by an ordinate power is guilty of sinning both against the Divine and humane Majesty To the Moderating Conditions he hath adjoyned some Reasons whereof the first is David Paraeus Because the Superiour Magistrate is subject to the Divine Laws and to his Commonwealth which appears in Deut. ch 17. Joshua 1.8 Doctor Owen Paraeus his Reasons answered That the King is subject to the Divine Laws Who denyes he is subject also to the Laws of the Common-wealth though not in the same manner to the Divine Laws absolutely and to the Laws of the Common-wealth not for ' its coaction but direction as Thomas witnesseth The Prince is said to be free from the Laws as concerning the coactive power of the Law because no Man can passe Sentence of Condemnation upon him but as concerning the directive power of the Law he is not free 1.2 quest 96. art 5. ad 3. David Paraeus The Law of God doth not onely forbid Tyranny but also commands it to be lawfully restrained He that sheds Mans Blood c.

Doctor Owen God the only remover of Tyrants He that is Lord of all forbids Tyranny and takes it away when and how he will at his command Jehu unsheaths his Sword where God commands not Peter puts up his Sword even in the cause of Christ For if any will betake himselfe to his Arms without the command of his Superiour he shall presently heare He that striketh with the Sword shall perish by the Sword For God will not have an evill taken away but in a lawfull manner and by lawfull means Though therefore it be just that Tyrants should suffer yet most unjust that Subjects should inflict punishment God brought against Pharaoh Frogs Flyes Locusts Haile and other Plagues of that sort he did not stir up his Subjects against him Against the Kings of Judah and of Israel he armed the Forraigne Enemy not the native Citizen That place in Gen. 9.6 Fevardentius long since wrested to the same sence whom Paraeus now follows but with little credit For God will not that Mans Blood be shed but by a Man Invested with Authority as Saint Augustine concludes directly against Faustus Manichaeus lib. 22. c. 70. but to no Man living is there Power or Jurisdiction given over the Superiour Magistrate as O tho Frisingensis hath it For seeing it is a dreadfull thing to all Men to fall into the hands of the living God to Kings who have none above them but God whom they may fear it is so much the more dreadfull by how much they may si● with the more freedom in Epist ad Freder Ænobarb David Paraeus Also because the Emperour witnesseth himselfe that he would not that his decrees should have place in judgements against Law but that they become voyd if by chance they be known to depart from Justice and lib. 4. cap. de lege Princip A voice it is worthy the Majesty of a King to professe himselfe bound to his Laws Doctor Owen What shall that which is granted for Publique Peace and Justice sake be turned to an occasion of Parricide Emperours they are the Authors Interpreters and Defenders of the Laws to which they freely submit themselves but are compelled by none That which the Clemency of the King doth indulge to the Prelats Nobles or Commons doth neither diminish His Majesty nor confer upon them any Right or Power above the Prince who so desires more let him consult Barclay against the Monarchomachi lib. 3. cap. 15. the Apology for Kings cap. 34. Saravia de imper author lib. 4. c. 11. Joannes Roffensis de Vsurpata Pontif. potest l. 2. c. 8. David Paraeus Therefore also the Tyranny and Robberies of the Superiour Magistrate ought to be restrained by the ordinary Power which in every Polity is either the Inferiour Magistrate or the consent of the People Doctor Owen Princes though wicked are not to be reviled Tyranny and Robbery are the revilings of Magistrates unbeseeming a Divine not savouring of the Spirit of the Prophets There were very many Kings of the Jews and have been in the Church of Christ who have Reigned Tyrannously Worshipped Idols forcibly drawn their Subjects to Idolatry and afflicted the innocent with horrible injury of whom not one in all the Sacred or Ecclesiasticall History or in the Ancient Fathers is called by the name of Tyrant or Robber if we except but the revilings of Lucifer Calaritanus against Constantius that we may learn that Kings Gods Vicegerents though they abuse that Power are not to be reviled with a reproachfull Tongue The Actions of those who are set over us saith Gregory the Great are not to be struck at by the Sword of the Mouth no not even then when they are judged justly to be reproved but if the Tongue at any time slip out against them though but in the smallest matters it is necessary that the Heart be afflicted in repentance that he may return to himself and seeing he hath offended the Power set over him he may tremble at the judgement of him who hath set the Power over him thus he Pastor part 3. adm 5. fol. 16. This Conclusion gathered from false Propositions is seditious and destructive of all Monarchy For if the chief coercive Power in every Polity be in the Inferiour Magistrate or the consent of the People the World will not have in it one Monarch which let them look to to whom the Power the Right and rule of Government belongs David Paraeus Because it is the duty of the Inferiour Magistrate no lesse then of the Superiour to defend the Life and safety of the Subjects against the horrible injuries and unjust violence of Robbers and Tyrants whether Forraign or Domestick which is proved because of them it is said He is the Minister of God for thy good He is not a terrour to good Works but to the bad He beareth not the Sword in vain he taketh vengeance on him that doth evill c. Doctor Owen Kings not lyable to be punished by the Inferiour Magistrate Paraeus in the Explication of that Text in Gen. 9.6 followed Fevardentius here he is plain Buchanan contrary to the Sence of St. Paul and the unanimous consent of the Church For the actions of Kings cannot be brought to punishment because they have no Man to be a competent Judge over them the Inferiour Magistrate is Subject to the Superiour by whom he suffers the punishment due unto his committed wickednesse the Superiour is held guilty before God alone not before any Mortall Man as Tostatus most truely If any of the Rulers over Ten had sinned he was brought to his tryall before the Rulers over Fifties if any of them had sinned he was brought to his Triall before the Rulers over Hundreds if any of them had sinned he was brought to his tryall before the Heads over the tribes if any of them had sinned he was brought to his tryall before the Seventy Elders if any of them had sinned he was brought to his tryall before Moses if Moses had sinned He had God alone to be His Avenger Thus he upon Numb 25.9 David Paraeus Also because the Inferiour Magistrates are therefore added to the Superiour both that they may be Companions in their Government and also that they may moderate their immense Liberty which therefore when they do bridle they use the Authority and Sword delivered unto them by the Divine Power by a Lawfull calling Doctor Owen A great error of Paraeus discovered and disproved Here Paraeus is shamefully deceived with hazard to them who are so addicted to him as a tryed Man for his singular Learning that they think they may safely Beleive whatsoever he Affirms and Reject whatsoever he Disallowes For there is not in the Sacred Scripture any Foot-step of this Authority which he averts to be delivered by the Divine Power God the disposer and preserver of Politicall Order never instituted this pretended Power God I say not the People designed Moses Josuah and the Judges and guirt them

doth not punish but love him that doth well but if he be evill he doth not hurt but purge he is not therefore a terrour to him that doth well But the wicked ought to fear because Princes are appointed to punish the wicked Thus he part 3. quest 48. memb 2. art 1. Dost thou heare Paraeus the Power of the Superiour though cruell and unjust doth not hurt but purge the Righteous Will you heare Aquinas The Faith of Christ is the beginning and cause of Righteousnesse and therefore by the Faith of Christ the order of Justice is not abrogated but confirmed and the order of Justice requires that the Inferiours obey the Superiours otherwise the state of humane affairs cannot be preserved and therefore the Faithfull by the Faith of Christ are not excused from their obedience to secular Princes in 2.2 q. 104. art 6. Have you it now Paraeus Faith doth not subject the Superiours to the Inferiours against the Order of Justice neither doth it permit the Power of the Sword to the Subject against the Prince upon any cause because that inordinate Power would tend to the destruction of all humane things See the seventh reason from the opinion of Protestant Divines The Faithfull Flock of Christ long since and at this Day obey the Turk not without horrible injury yet are they Subject and alwaies have been not for wrath but for Conscience sake and amongst the Protestants Luther Melancthon Brentius Cranmer Archbishop of Canterbury Tyndall and Barnes doe condemne this error with an Anathema To whom I add the famous Example of a brave Prince an Example acceptable to God wholsome for the Common-wealth honourable to the Prince which I would have thee Reade Paraeus that thou mayst learn to be wise in * Berchet in explicat controversiae Gal licanae c. 7. Servinus pro libertate Ecclesiae Statu Regni Tom. 3. Monarchiae Romanae p. 202. Berchetus and Johannes Servinus I will relate it in briefe When in France after the Massacre in Paris the reformed Religion seem'd as it were deserted and almost extinct which I thinke could not be done without horrible injury A certain King powerfull in strength rich in Gold and dreadfull in his Navy with whom when the King of France was at odds he dispacht a solemne Embassage to Henry King of Navarre and other Protestants it was commanded the Embassadors that they should set the Protestants and Papists at strife together and to Arme Prince Henry who lived at Bearne under the Government of the Christian King against the King which they endeavoured with all Art and cunning attempt Note but in vain Henry a good Subject and as another David being himself to be King he would not fore-run the Day of the Lord. The Embassadors offered large rich and bountifull Conditions amongst the rest there was tender'd three hundred thousand Crowns in readinesse to make preparation of War and a necessary summe for continuing the War was to be payd every Moneth Henry a faithfull Christian a good Prince de prived of his Wife removed from the publique Administration of the Common-wealth and for whose sake the King had banisht very many Protestants and slain their Pastors I would have you Paraeus to acknowledge the words of your own Bucan yet did not Henry stretch out his hand against the Lords Annoynted he would have none of their Gold he refused the Conditions and dismist the Embassadors as Witnesse of his Faith towards God his faithfulnesse towards his King and his peaceable mind towards his Country There remains now no starting hole for you Paraeus here was an horrible injury done to the Inferiour Magistrate as well as others yet because a Lawfull Power was wanting to Henry which you Dream to be ordinary against the Power ordained by God he chose rather according to Christs precept to suffer a Greivous Injury with patience than according to your Prescript to resist the Power ordained by God What hath been the Religion of the Protestants This is Paraeus and ever has been the Religion of the Protestants not to offer but to suffer injuries to render good for evill and not to represse Persecutors placed in Authority by Force or Sword but procure their favour by Patience Love and Benevolence which truth even the more moderate Papists themselves do not abhorre who are averse from the Tyranny of the Papall Monarchy and the popular Anarchy of the Puritans William Barclay may be one in stead of all his Words are these Oftentimes there happens causes for which we are not bound to doe the commands of the Magistrate namely when he commands contrary to the commands of God But there can be no cause why we should resist him executing the unjust sentence of condemnation Note and requiring punishment out of malice under pretence of Authority because he has power ordained him by God which if he abuseth he is to be restrained by lawfull means not by the violence of the Subjects and after a few Lines Nothing remains to the guilty but that he commit his cause to the knowledge of the Omnipotent God and that he expect his Judgement who is King of Kings and the Judge of all Judges he will undoubtedly chastice and correct the injustice of the sentence by the severity of his eternall Justice Thus he lib. 3. c. 10. Remember Paraeus this your horrible injury and repent The Fourth Moderating Condition David Paraeus If they cannot otherwise be safe in their Fortunes Lives and Consciences Doctor Owen O the Blindnesse of the Primitive Church of the Ancient Fathers to whom that light of a New Gospel hath not shined Those men born to misery or this Divinity is false have altogether erred who were so willing patiently to undergoe the pangs of Martyrdom and when they were both the more in number and the stronger in power would not by Force and Arms defend their Fortunes from the Tyrants their Lives from the Persecutors or their Faith from Hereticall Kings The first Moderating Condition David Paraeus That under pretence of Religion or Justice they seek not their own Doctor Owen Justice and Re●igi on the pretence of Rebellion A Subject of what condition soever he be who resists the King seeks not his own but covers other Mens Goods yet obtains them not unlesse he pretend justice and Religion Lucifer himself doth not deceive Men but as transformed into an Angell of Light neither doth Vice deceive any Man unlesse it assume the name of Honesty What need of pretence Paraeus Rebellion it self is Justice and Religion and by how much any is more expert in Treachery and Treason by so much is he accounted the more Just and Holy I would to God this our Age were not an eye-witnesse of this Religious Justice Let an inferiour Magistrate inforce his Superiour into Order though to the diminution of Majesty Buchanan a Man if we give any credit to the Consistorians T. B. L. D. most excellent and the

well in the times of the Brittains as of the English that certaine and direct power of Rule hath belonged to the King and that the Kings of England by the free preheminence of the Royall Dignity and by the custome observed at all times have not answered neither ought to answer any thing before any Ecclesiasticall or Secular Judge c. Henry de Bracton Lord Cheife Justice of the Kings Bench under Henry the third a Man most learned in the English Laws hath these words There are under the King free men and servants and all under him and he under none but God onely If a man be injured by the King since no urit can run against the King there is place left for petition that he would correct and amend his fact if he do not it shall be a sufficient punishment that he may expect God his avenger Concerning Royall Charters or the Acts of Kings neither private persons nor Justices ought to dispute This is cited in that Oration of the most honourable Lord Elismer Viscount Bareley late Chancellour of England most expert in the Laws of England which oration he made in the Exchequer chamber in the yeare 1609. pag. 108. it is cited also by the Lord Bishop of Rochester de usurp pontif potest lib. 1. cap. 8 What was the authority of the States of France in former times over their Kings which offended Pasquerius doth relate lib. 1. antiquit Gallic Lewis the 11. did urge the Senatours and Councellours that they would be the Authours of a certain Edict which they refused to doe because it seemed to be unjust The King full of wrath threatned death to the whole Senate Vacarius the President of the Councell approched the King with the whole Senate clothed in Purple the King astonished at the comming of the Senate all in Purple he asked wherefore they came and what they would Vacarius answered for them all We seek for death which thou so wrathfully threatned us with Know this O King we will assuredly dye rather than do any thing against our Consciences and duties Thus Pasquerius Those States had learned not to punish the King offending but to lay down their lives at the will and command of the King And in their generall Councell held at Paris Anno Domini 1614. it was propounded That there was no earthly power spirituall or temporall which hath any right over the Kings of France to remove the sacred persons of Kings from their dignity or to absolve their Subjects from their Loyalty and Obedience which they for ever owe them upon any cause or pretence whatsoever When the Scotch Nobility had endeavoured Sedition against Ferchardus the most wicked King of the Scots Colmannus the Bishop did restrain them and admonished the King that the divine vengeance would shortly overtake him The King a while after being wounded at a hunting sick of the lousie disease he cryed out That all the evills were befalne him because he hearkned not to the holy Bishop when he so well admonished him Afterwards Colmannus comforting him he repented and quietly departed Well done good and faithfull Bishop Thou recalledst the People and Nobles from Insurrection thou repressedst the Seditious thou didst openly admonish the King and that modestly yet freely too thou didst not doe it privily with raylings to the stirring up the people Thou perswadedst that he is not to be chastised at the pleasure of the States but left to the divine Revenge I will adde some heads of the Royall Law among the Scots out of Hector Boethius lib. 12. In profane matters let no man determine the Law but whom the Royall Majesty shall appoint Let all Law be determined Assemblies cited Councells called in the name of the King alone Let no man obtain the Magistracy by any other than the Kings authority If any man shall sweare Allegiance to any but the King let the crime be Capitall Let no man possesse ground farme or field by any other then the Royall Authority If any man shall enter league with another professing faith and loyalty against any man let him be punished with death If any man without the command of the King shall have men in Arms let him expiate his crime with death If any of the Nobles shall contract affinity with those of another Dominion let him be punished with Death These and more like unto these are to be found in Boethius As for other Kings and Kingdomes let them look to it whom it concerns So that we have the Imperiall highnes of our Lord and King then which the Sunne hath not seen any thing more just more learned or more holy preserved whole and entire against all the machinations of Papists and of Puritans Blessed be the name of the Lord who in these our day's wherein he foresaw so many scandalls of Hereticks and Schismaticks would arise hath placed King James in the height of this Dominion to the comfort of the Christian World the increase of the Catholick Faith and the safety of the Churches Peace that the Royall Power and the Sacerdotall Office may still flourish The third Reason of the Royall Prerogative from the authority of the Civill Law Amongst the Interpreters of the Civill Law doe every where meet us these expressions of the Emperour that he is the a The Emperour doth punish his Subjects wheresoever they offend and the Reason is because he is of Right the Lord of the World So Baldus C. lib. 4. tit 42. de Eunuehis Lord of the World b Although he be the Vicar of God Baldus C. lib. 6. tit 8. de jure aureorum annulorum Gods Vicar on earth c Jacobus Omphalius lib de officio potest princip c. 10 the living Law d The Prince hath the fulnesse of Power Baldus again lib. 4. tit 52. de commun rerum alienat the fulnesse of Power e The Prince is free from the Laws because he is subject to none neither is judged by others Hostiensis Sum. lib. 1. Rubr. 32. de officio legati and he cites ff lib. 1. tit 3. l. 30. where the same words are had the free and f The King in his Kingdome can do all things even out of the fulnesse of power Corsetus Siculus tract de potest Reg. part 5. num 66. absolute Power g He that disputes concerning the power of the Prince whether he hath done well or no he is sacrilegious So the Marginist upon Angelus Perusinus C. lib. 9. tit 29. de crimine sacrilegii l. 2. Disputation concerning the Priviledge of the Prince is sacrilegious h Instit lib. 1. tit 2. de jure natural Gent. civil and Claudius Cantiuncula in the same place that which pleaseth the King hath the force of a Law i To restraine the Supreame Power belongs to them who neither acknowledge the Imperiall Power nor how great a distance their is between a private fortune and the Regall Dignity Doctores in

speaketh concerning the Kings of the Gentiles the Polity of the Jewes was not as yet constituted by the hand of Moses by me Kings raigne and Princes decree justice saith the Holy Ghost Prov. 8. Christ witnesseth that Pilat's power was given him from Heaven Saint Paul hath writ that there is no power but of God From him is the Emperour from whom he is Man before he be Emperour saith Tertullian From him he hath his power from whom he hath his spirit And as Irenius hath it The Earthly Kingdome is appointed by God for the benefit of the Gentiles and by whose command Men are borne by his command Kings are made Augustine is yet more plain and more full It is God alone who gives earthly Kingdomes both to the good and to the bad and this not rashly or as it were by chance because he is God but according to the order of things and of the times hidden from us but most open to himselfe Thus Augustine de Civ Dei lib. 4. cap. 33. Yet do the Papists and Puritans devise many things out of the Scriptures a thing usuall with Hereticks contrary to the genuine meaning thereof with which I will not detaine you they are so unsound and unsavory that they will deceive no man but such an one as is voyde of Reason or altogether ignorant of ancient History I have already spoken of Paraeus Bellarmine and Danaeus do most of all insist upon Examples of the tenne Tribes who revolted from their naturall King to a man of servile condition of the Men of Libnah and the Edomites who rebel'd against Joram And of the Kings Amaziah Vzziah and of the Queeen Athaliah to which I answer The defection of the tenne Tribes from their naturall King to Jeroboam the Rebellion of the Edomites and of the men of Libnah and the slaughter of Amaziah by the men of Jerusalem doe containe the Truth of the thing done but not the equity of the fact as Augustine most truly We may not therefore believe a thing must be done because we reade that it hath been done least we violate the Precept whilst we follow the Example In the History of Vzziah and Athaliah I see no difficulty nothing is there done which is not according to the equity of Reason and the prescript of the Law Vzziah being diseased could not be conversant in the affaires of the Kingdome by reason of the contagiousnesse of his disease he is removed from the company of the Courtiers and assembly of the People In the mean while his Sonne govern's the Common-wealth in his Fathers stead yet before the death of Vzziah he neither affected the name nor assumed the title of King And as for Athaliah Jehoida the Chiefe Preist shewed the surviving Sonne of the deceased King whom he had six yeares hid from the fury of Athaliah the Murderesse of the Royal ofspring to the Princes and Centurions whom he had gathered together at Jerusalem They all acknowledge the Child their true King being so acknowledged they crown him being crowned they salute him with joyfull acclamations God save the King after that neither by their own nor by the Priestly Authority but in the name of the lately crown'd King they deposed Athaliah as guilty of Treason and Murder by force and arms Jehoiada acted the chiefe part but not as chiefe Priest but as chiefe of the Tribe of Levi being ancient in yeares expert in the divine Law provident against the dangers which are imminent the Preserver of the young King and the next Kinsman The law of God doth not permit to touch Kings with a violent hand to revile them with a rayling tongue or to thinke of them with a malicious heart The Gospell of Christ forbids resisting Tyrants Peter and Paul forbid resisting Persecutors and Slayers of Christians Bellarmine answers that Laicks of what order or dignity soever they are are thus bound by the Law Gospell and Apostolicall Precepts but not the Roman Bishop the Vicar of Christ and the universall Lord of the whole World for which he is stiled by Danaeus the grand Impostor a flatterer of Capitoline Jove a Lyor a Blasphemer and a Mad-Man But saith Paraeus in his foresaid book pag. 49. The Pope and the Church have not power to depose a King that is an Infidell because deposing ought to be according to the Laws But the Laws do not grant this power to the Pope and to the Church but to the Brethren of the Kingdome and as Danaeus hath it it belongs to the godly States in every Common-wealth to chastise those Kings which offend and depose those which are obstinate The Pontificians againe cry out a Puritan by whom he is stiled an Atheist a Politician and Seditious and affirme that this power of chastising Kings and deposing them doth no wayes properly belong to the Barons or Peeres of the Kingdome or to the Multitude for the defect of coactive Jurisdiction which Vassalls for so they speak have not against their Lords So Jaco Anthon. Marta de jurisdict lib. 1. c. 23. num 18. and Carerius de potest Pontif. lib. 2. cap. 3. num 6. Whether Learned Sirs will you have the Pope or the Popular State the Avenger and Judge of wicked Kings Neither I confesse ingeniously doth please me But that I may ingratiate my selfe into their favour whom I so lately provoked I suppose both opinions to be true that all Kings Emperours and supreame Magistrates are obnoxious to the Pontifician and to the Tribunitian Power Yet that any man be justly condemned the course of the Court it selfe doth require these two things the desert of the Crime and the order of Power I would have those Puritan-Papists to tell us from whence this Pontificiall and Popular power is Without doubt it is not from Christ who yeilded both obedience and tribute to Tyberius Caesar no good Emperour who reproved Peter smiting with the sword and commanded him to put it up Not from Paul who will have every soule subject to the higher Powers Not from Peter who subjecteth all without difference to the King and to those not Tribunes which are constituted by the People not Legates which are sent out from the Pope but Magistrates which are appointed by the King from whence it necessarily followes that all coactive power and secular dignity doth issue from the King whose sacred Majesty he that violates shall be guilty of treason not so much against the humane as against the divine Majesty and what Bernard long since said ad Archiepiscop Senonens may I now say to the Commonalty and Nobility Let every Soul be subject if every soule then yours who hath exempted you from the generallity the that endeavours to exempt attempts to deceive rest not upon their councells who though they be Christians yet thinke it a disgrace either to follow the example or obey the precepts of Christ Epist 24. The sixth Reason from the Authority of the Fathers In the primitive Church of an unspotted faith

l. 3. bene a Zenone C. lib. 7. tit 37. de quadriennii proscriptione the power of the Prince is not to be restrained k The Prince is bound to no forme neither is a Reason to be required of him why dost thou so Baldus C. lib. 7. tit 50. sententiam rescindi non posse l. 3. impetrata Because seeing the King is the Cause of Causes a cause is not to be required of his power since that of the first cause there is no cause giuen So Baldus again decret l. 2. tit 16. Vt lite prudente nihil in novetur upon 3 Eccles num 7. if the Prince shall do any thing out of the fulnesse of Power no man may say why dost thou so Lastly William Barclay doth inferre from Bartolus Baldus Paulus Castrensis Lodovicus Romanus Alexander Felinus Albericus and others That the Prince upon certaine knowledge can doe all things above the Law without the Law and against the Law the Prince alone may constitute an universall Law the Prince oweth an account to God onely The Prince is free from the Laws And it is a rash thing to desire the Royall Majesty should be limited with any bounds contra Monarchum l. 3. cap. 14. There are more of this sort in Pet. Greg. Tholosan de Repub. throughout his sixt book In Adam Blacuodaeus in his Apology for Kings c. 25. 31. and in Adrian Saravia de imperandi authorit lib. 2. c. 16. 17 from whence it doth necessarily follow that the authority of the People is nothing the authority of the Inferiour Magistrate is above the People but below the King by whom he is and to whom he is Subject but the Royall authority is free and absolute For that Power is free which cannot be condemned by mans judgement nor ought to be compelled and the absolute power is under God Supreame in every part perfect which can neither be encreased nor ought to be deminished without offering injury to the divine Diety because God is the Author and Ordainer of it For where there is a Majority there is a power of commanding to the rest there remains a necessity of obeying as the Lawyers speak The fourth Reason from the Cannon Law Many things are alledged in the behalfe of Kings even from the Cannon Law also against the insolent haughtinesse of the Pope First it is infer'd that the secular Princes are not subject to the Pope because God hath disposed Secular affaires not by the Pope but by the Emperours dist 8. cap. quo jure Innocent the third doth acknowledge the authority of the Kings of France which he neither intends to disturbe or deminish de judiciis cap. Novit the same Pope also confesseth that the same King hath no Superiour in temporall things qui Filii sunt legittimi cap. per venerabilem Honorius the third presupposeth himselfe a fit Judge concerning the birth-day of the Queen of Cyprus but judgement concerning the right of succession he confesseth doth belong not to the Pope but to the King de ordin cognit cap. Tuam Allexander the third he would not take knowledge of the possessions of some English men contending before him least he should seeme to detract from the right of the King of England Qui Filii sunt legittimi cap. Causam To whom knowledge concerning the Rights of private men doth not belong he ought not to judge of Kings and their Royall Crownes and Kings who would not acknowledge the Roman Bishop bearing himselfe the Vicar of Christ and the Universall Bishop their Superiour they will not endure the States of the Kingdome or the promiscuous multitude a wilde beast of many heads to be above them You will say what then shall the Royall Majesty be immense inclosed with no Limits not liable to be punished by the Pope nor by the Nobles of the Kingdome nor at least by the whole multitude not at all The King has the place of God on Earth and hath his authority from Heaven he acts the Person and beares the Image of the eternall King to whom alone he is bound to render an account of his words and actions being secure from all constraint thorow the Majesty of his Royall Dignity Which I shall evince by most firme reasons drawn out of the old and new Testament The fift Reason from sacred Scripture What High Preist what Synode of Preists what Senate of the Nobles or what promiscuous Multitude ever excercised the ordinary Power against Saul defiled with all impiety against David guilty of Adultery and Murder against Solomon guilty of Poligamy and Idolatry against other Kings of Judah and Israel miserably profaning the Temple of God wickedly polluting the divine Worship drawing the People in heapes to Idolatry drunken with the blood of the Priests of the Prophets of the Nobles and all innocent Men even most defiled with all kind of wickednesse David he spared Saul and because he had cut off the skirt of his Garment his heart smote him he greatly trembled Ieremiah taught the Captives not to fight against the King but to pray for the King Ahasuerus had by his publicke decree destinated all the Jews unto slaughter at an appointed day the People fortified themselves with Prayers with Teares with Fasting with Sackcloth and Ashes not with Revilings not with Lyings in wait not with Treasons not with Arms. Mordecai did not admonish the Queen to take away the Tyrant by poyson but by fastings and prayers to God and humble supplication to the King to avert the heavy falling of that mischeife which hanged over them which Buchanan doth not deny in whose seditious dialogue concerning the Right of Kings with the Scots are these words The Kings of the Jews were not punished by the Subjects because from the beginning they were not created by the Subjects but given them by God by the best right therefore he that was the author of the Dignity the same should be the exactor of punishment Thus Buchanan But seing he could not well unloose this knot he cut 's it into two with the sword of a Lying tongue to wit That the Scotch Kings are not given by God but created by the People and that whatsoever right they challenge to themselves they have it from the Commons and that the Multitude has the same right over the Kings which the Kings have over each one of the Multitude Tell me Buchanan I pray why shall not the Kings of all other Nations have the same immunity that the Jews they also have no Authour and accknowledge no Authour but God Moses doth witnes that God the Creator of the whole World presently after the Flood ordained the Sword to be the avenger of Bloodshed and established Servitude to be the punishment of the Father that was mocked In which all the parts of civill Jurisdiction and Royall Power are Synecdochically understood Job also doth witnesse that God alone it is who unlooseth the bond of Kings and girdeth their loynes with a girdle I suppose he