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A68537 Herod and Pilate reconciled: or The concord of papist and puritan (against Scripture, fathers, councels, and other orthodoxall writers) for the coercion, deposition, and killing of kings. Discouered by David Owen Batchelour of Diuinitie, and chaplaine to the right Honourable Lord Vicount Hadington Owen, David, d. 1623. 1610 (1610) STC 18983.5; ESTC S113808 40,852 73

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practises and the Germaines tumults against their said soueraigne Lord. Magnum mundo documentum datum est A great instruction was giuen to the world that no man should rise against his master For the hand of Rodolph beeing cut off shewed a most iust punishment of periurie he feared not to violate his fidelitie sworne to the King and his right hand was punished as if other woundes had not beene sufficient to bring him to his death that by the plague of the rebellious the fault of rebellion might be perceiued thus farre he The sixth Chapter prooveth the same by the testimonie of the Writers from the 12. hundred yeares downeward I Will for conclusion produce Otho Frisingensis Thomas Aquinas Gratianus Philip the faire king of France the Parliament of England in the time of Edward the 1. Vincentius and Aeneas Sylvius that afterward was Pope by the name of Pius Secundus Otho Frising in his epistle dedicatorie before his Chronicle Otho Frisingensis hath an excellent saying in his epistle dedicatorie to Frederick Barbarossa Cum nulla persona mundialis inveniatur quae mundi legibus non subiaceat c. Although no earthly man can be found that is not subiect to the lawes of the world and in respect of subiection liable to correction Kings as it were placed ouer lawes are not restrained by them but reserued to the examination of God according to the words of the King and Prophet Against thee onely haue I sinned Psal 51.5 It becommeth therefore a king both in respect of the noble disposition of his minde and the spirituall illumination of his soule to haue God the king of kings and Lord of lords euer in his minde and by all meanes possible to take heede that he fall not into the hands of God seeing it is as the Apostle saith a fearefull thing to fall into the hands of the liuing God It is more fearefull for kings then for any other because kings haue none but God himselfe aboue them whome they neede feare It shall be so much more horrible for them by how much they may offend more freely then other men So farre Otho Thomas Aquinas Aquin. de regimine prin lib. 1. c. 6. if the tractare de regimene principum be his maketh three sorts of kings Kings by election Kings by subordination and Kings by succession For the first he saith that they which did establish may abolish for the second we must haue our recourse to him that did surrogate the subordinate King as the Iewes did to Caesar against Herod for the last his resolution is Recurrendum esse ad omnium regem deum that we must flie to God the King of all kings in whose onely power it is to mollifie the cruell heart of a tyrant And that men may obtaine this at the hands of God they must cease from sinne for wicked Princes by diuine permission are exalted to punish the sinnes of the people tollenda est igitur ou●pa vt cesset tyrannorum plag● we must therefore remooue our sinnes that God may take away his punishment Thus farre Thomas Gratianus which compiled the decrees is verie peremptorie that the Bishop of Rome ought not to medle with the temporall sword the state of common wealthes or the change of Princes He saith nothing indeede de Regni ordinibus which in his time and a 100. yeares after him neuer dreamed of any such authoritie Cum Petrus qui primus apostolorum à domino fuerat electus materialem gladium exerceret When Peter whom the Lord had first chosen of all the Apostles drewe the materiall sword to defend his Master from the iniuries of the Iewes he was commanded to sheath his sword for all that take the sword Matth. 26.52 shall perish by the sword As if Christ should haue said Hitherto it was lawfull for thee and thine auncestors to persecute Gods enemies with the temporall sword hereafter thou must put vp that sword into his place Caus 23. quest 8. parag 1. and drawe the sword of the spirit which is the word of God to slay the old man whosoeuer beside the Prince and without his authoritie that hath lawfull power and as the Apostle teacheth beareth not the sword in vaine Rom. 13.4 to whom euerie soule must be subiect whosoeuer I say without or beside the Princes authoritie beareth the sword shall perish by the sword Thus farre Gratian. About the yeare a 1300. began a quarrell betweene Boniface 8. and Philippus Pulcher the French king about the collation of benefices prebends and other ecclesiasticall promotions Whereupon the Pope wrote vnto the said king as followeth Boniface Bishop the seruant of Gods seruants to his wel-beloued sonne Philip by Gods grace king of France Greeting and blessing Apostolicall Feare God and keepe his lawe We giue thee to vnderstand that thou art subiect to vs both in spirituall things and temporall and that no gift of benefices or prebends belongeth to thee If thou haue in thy hand any vacant keepe the profits of them to the successors and if thou hast bestowed any we decree the collation voide and recall it how farre soeuer it hath proceeded Whosoeuer beleeueth otherwise we account him a foole Dated at Lateran the fourth of the Calends of December and in the 6. yeare of our Papacie King Philip returned his haughtinesse a correspondent answear viz. Philip by the grace of God King of Fraunce to Boniface bearing himselfe for Pope Philip. Pulcher Salutem modicam siue nullā Sciat tua maxima fatuitas Little health or none at all Let thy great fooleship know that in temporall things we are subiect to no man And that the gifts of prebends and ecclesiasticall promotions made and to be made by vs were and shall be lawfull both in time past and in time to come For such collations belong to vs in the right of our crowne wherefore we will manfully defend the possessours of the said dignities and doe iudge them that thinke otherwise fooles and madmen Giuen at Paris the wednesday after Candlemasse 1301. Questionlesse this King that did so scornefully reiect the Popes chalenge pretended from Christ would little regard the claime of the Nobles deriued but from the people The same busie Boniface of whom some write that he came in like a fox craftely raigned like a lyon cruelly and died like a dogge miserably would take vpon him the decision of a controversie between the Kings of England Scotland and commanded King Edward of England either to cease his claime or to send his procurators to the apostolike sea to shewe his right and to receiue such order from the Pope as iustice and equitie would require The Lords and commons then assembled in Parliament at Lincolne sent Boniface this answear in the kings behalfe Whereas our most dread Lord Edward by the grace of God the Noble King of England caused your letters to be read openly before vs touching certaine occurrents of state betweene him and
the King of Scotland we did not a little marvaile at the contents thereof so strange and wonderfull as the like hath neuer beene heard of We knowe most holy father and it is well knowne in this realme and also to other nations that the King of England ought not to make answer for his right before any iudge ecclesiasticall or secular by reason of the free estate of his royall dignitie and custome Parliament at Lincolne quoted by M. Beken-shaw without breach at all times vnviolably obserued Wherefore after treatie had and diligent deliberation this was our resolution that our said king ought not to answer in iudgement nor send procurators or messēgers to your court seeing that tendeth manifestly to the disinheriting of the right of the crowne the ouerthrowe of the state of the kingdome and the breach of the liberties customes and lawes of our fathers for the keeping whereof we are bound by the dutie of an oath and will by Gods helpe maintaine and defend with all our power and strength c. Dated at Lincolne Ann. Dom. 1301. anno Edvardi primi 29. This was then the resolution of the state of this land if our late sectaries Popish or Puritan bring in any other doctrine we may not leaue the cawsey of truth odience whereon our forefathers walked to their commendation to followe these newe guides in their by-paths of pride disobedience and contempt of authoritie to our destruction Vincentius in his Speculo Historiali hath a notable place to disswade from sedition and periurie lib. 15. cap. 1. Vt pace omnium bonorum dixerim haec sola nouitas ne dicam haeresis nec dum è mundo emerserat That I may speake with the fauour of all good men this meere noueltie if not heresie was not sprung vp in the world that preists should teach subiects that they owe no subiection to wicked kings and albeit they haue giuen an oath of fidelitie vnto them they are not bound to keepe it Nay they that obey an euill Prince are to be held as excommunicated and all such as rebell against him are free from the guilt of the crime of periurie So farre he I will end this chapter with Aeneas Siluius who died in the yeare 1464. Sit tandem finis litium Pius 2. de ortu author imperij cap. 23. Let there be an end of contention and one principall head to determine all temporall matters let the occasion of perpetuall debate be taken away let men acknowledge themselues subiect to their Prince giue reuerence to him whom God hath made his vicegerent on earth As that which God commandeth must be obeyed without contradiction so the temporall commandements of Caesar may not be resisted But let the Kings themselues beware that they oppresse no man vniustly nor giue their people cause to crie to God against them for the earth is the Lords and the fulnesse thereof he will not forget the crie of the poore and for the sinne of the Prince he translateth the gouernment from one nation to another There is nothing more offensiue to the greatest God the king and creator of heauen and earth then the neglect of iustice and the oppression of the poore as the Psalmist saith The poore shall not alway be forgotten and the patient abiding of the needie shall not perish for euer So farre Siluius The seauenth Chapter sheweth the concord of Papist and Puritan for the deposition of Kings and their discord about the meanes and persons to be imployed in the execution of their designements CHilderick was deposed and Pipine crowned King of France about the yeare 750. The truth of which historie is this Childericke voide of all princely grauitie gaue himselfe ouer to pleasure and wantonnesse leauing the burthen of the state to Pipinus that was his Lord Marshall Who conspired with the Nobles to aduance himselfe by the deposition of the king his master To set a better colour on the matter Pipine sent his Chaplaine to Pope Zacharie to haue his answer to this Question Whether should be King he that bare the name and did nothing or he that gouerned the kingdome The Pope gaue sentence with the Marshall against the King whereupon Childerick was made a shorne Monke and Pipine a crowned king It is a wonder to see how these opposite sectaries do insist vpon this fact of the Frenchmen to iustifie their dangerous doctrine and seditious conspiracies against Princes As Card. Bellarmine de pontif lib. 2. cap. 17. Thomas Harding against the Apologie of the Church of England fol. 181. Franc. Feuardentius in his commentaries on Hester pag. 85. Boucher alias Raynolds de iusta abdicatione Henrici 3. lib. 3. cap. 14. Ficklerus de iure magistratuum fol. 30. Alexander Carerius patauinus de potestate papae lib. 2. cap. 3. D. M●rta de temporali spirituali pontificis potestate lib. 1. cap. 23 and Doleman in his conference touching succession parte 1. cap. 3. pag. 48. And also these Puritans Christopher Goodman in his treatise of obedience pag. 53. George Buchanan de iure Regni apud Scotos p. 47. Danaeus de politia Christiana lib. 3. cap. 6. pag. 221. Brutus Celta de iure magistratuum pag. 286. Phyladelphus dialogo 2. pag. 65. Franc. Hottomanus in his Francogallia cap. 12. and Speculum tyrannidis Philipi Regis pag. 27. The Papists which ascribe this deposing power to the pope endeauour by tooth and naile to disprooue that interest which the Puritans grant the peeres or the people First this example serued Gregorie 7. to excuse his presumptuous practises against Henrie the fourth Quidum Ramanus pontifex A certaine Bishop of Rome deposed a king of France lib de vrit Eccles apud Scard pag. 3. not so much for his ill life as for that he was not fit for gouerment and placed Pipine which was father to Charles the great in his place absoluing all the Frenchmen from the oath of allegeance which they had sworne to their king Thus farre Gregorie in an epistle to one Herimanus that was Bishop of Metz in France Thomas Harding concludeth from this fact a diuine power in the pope Conf●t of the Apol ● fol. 181. Can you not see saith Harding what strength and power is in the pope which is able with a word to place and displace the mightiest King in Europe with a word I say for I am sure you can shewe vs of no armie that he sent to execute his will Is it in the power of a man thinke you to appoint kingdomes can the Deuill himselfe at his pleasure set vp and depose Kings no surely Much lesse can any member of his do the same Remember you what Christ said when the Iewes obiected that he did cast out deuils in the name of the prince of deuils beware you sinne not against the holy Ghost who confesse that the Pope hath pulled downe and set vp Kings Which thing vndoubtedly he could neuer do
of heauen graunt your Lordship many dayes much honour the loue of your Countrie inward peace and euerlasting glorie From Clarehall in Cambridge 12. Octo. 1610. Your Lordships Chaplaine humbly devoted DAVID OVVEN To the dutifull Subiect THe Puritan-Church-Policie and the Iesuiticall societie began together a See M●lic●kers preface And the preface of Chemnic before his examen against the first part of the Councell of Trent the one in Geneva 1536. and the other in Rome 1537. since their beginning they haue bestirred themselues busily as he that compasseth the b Iob. 1.7 earth or they that coasted c Matth. 23.15 sea land each one in his order The Puritan to breake downe the wall of Sion by disturbing the peace of the reformed Church the Iesuite to build vp the ruines of Babylon by maintaining the abhomination of the deformed Synagogue These though brethren in sedition and headie are head-seuered the one staring to the presbyterie and the other to the Papacie but they are so fast linked behind and tayle-tied together with firebrands betweene them that if they be not quenched by the power of Maiestie they cannot chose when the meanes are fitted to their plot but set the Church on fire and the state in an vprore Their many and long prayers their much vehement preaching and stout opposition against orders established their shewe of austeritie in their conuersation and of singular learning in their profession as the euill fiend transformed into an angel of light brought them first to admiration Whereby they haue not onely robbed widows houses vnder pretence of prayer and ransacked their seduced disciples by shew of deevotion but also battered the courts of Princes by animating the Peeres against Kings and the people against the Peeres for pretended reformation And whereas God hath inseparably annexed to the crowne of earthly maiestie a supreme ecclesiasticall soueraigntie for the protection of pietie and an absolute immunitie from the iudiciall sentence and Martiall violence for the preseruation of policie These sectaries bereaue Kings of both these their Princely prerogatiues 2. Thess 2.3.4 exalting themselues as the sonne of perdition aboue all that is called God Least they might seeme sine ratione insanire to sowe the seedes of sedition without shewe of reason Caedem faciunt scripturarum as the heretikes in Tertullians time were wont to doe in materiam suam they kill the Scripture to serve their turnes and pervert the holy word of the eternall God by strange interpretation and wicked application against the meaning of the Spirit by whom it was penned the doctrine of the Church to whom it was deliuered and the practise of all the Godly as well vnder the Lawe as the Gospel that did beleeue vnderstand and obey it to maintaine their late and lewd opinions I haue in my hand aboue fortie several places of the old and new Testament which both the brethren of the enraged opposite faction doe indifferently quote and seditiously apply in defence of their dangerous opposition and damnable error against the Ecclesiasticall supremacie and the indeleble character of royal invnction Vnto the which places falsly expounded perverted and applyed I haue added the interpretation of the learned Protestants since the time of Martin Luther who began to discouer the nakednesse of the Romish Church 1517. More especially insisting in the a K. Henry 8. K Iames. Th. Cranmer lo. Whitgift Rich. Bancroft Archb. of Cant. Henry Earle of Northampton Robert Earle of Salisbury most mightie Kings the most reuerend Prelats The L. Burleigh L. treasurer of England The L. Els nere L. chancelor of England The L. Stafford The L. Cooke B. Iewell B. Horn B. Pilkington B Elmere B Couper B. Bilson B. Babington B. Andrewes B. Barlowe B. Bridges D Ackworth D. Sarania D. Cosen● D. Sutchliffe D. Prvthet●h D. Wilkes D. Morton D. Tochen M. Bekinsaw M. Foxe M. Nowell M. Hooker many others honourable Lords loyall Clergie and other worthie men that haue in the Church of England learnedly defended the Princely right against disloyall and vndutifull opponents which by Gods helpe I meane to publish when I haue added the exposition of the Fathers to confute the falshood of the Puritan-popish-faction to confirme the truth of the Protestants Doctrine in each particular quotation I protest in all sinceritie that I neither haue in this treatise nor meane in the other hereafter to be published to detort any thing to make either the cause it selfe or the fauourers of it more odious then their owne words published with the generall approbation of their seuerall fauorites doe truely inferre and necessarily inforce I hope the loyall subiect and Godly affected will accept in good part my endeauour and industrie intended for the glorie of God the honour of the King and the discouerie of the seditious The displeasure of the malecontented-factious which can no more abide the truth then the owles can light or the frantique the Physitian I neither regard nor care for Farewell Errata Pag. 10. l. 15. for subtilly read subtilty p. 17. l. 4. presto for praesto p. 19. l. 25. Sabanianus for Sabinianus p. 34. l. 27. odience for obedience p. 37. l. 13. his for this p. 39. l. 5. as very foole for as very a foole p. 47. l. 1. regnum for regum p. 48. l. 17. Prince for Princes The Table of the Booke The dutie of Prelates Peeres People by Scripture Chap. 1. Pag. 1. Fathers of the first 300 yeares 2 pag. 3 second 300 yeares 3 pag. 8 third 300 yeares cap. 4 pag. 21 fourth 300 yeares 5 pag. 24 fifth 300 yeares 6 pag. 30 Sedition of Puritans Papists Concord in the matter of sedition cap. 7. p. 36 Discord in the manner of sedition cap. 7. p. 36 Danger of their doctrine to Prince cap. 8. p. 43. People cap. 8. p. 43. Puritan-Iesuitisme or the generall consent of the principall Puritans and Iesuits against Kings from the yeare 1536. vntill the yeare 1602. out of the most authentique Authors cap. 8. p. 46 The first Chapter prooveth by the testimomonie of Scripture that Kings are not punishable by man but reserued to the iudgement of God KINGS haue their authoritie from God a Rom. 13.1 and are his Vicegerents in earth b Prov. 8.15 to execute iustice and iudgement for him amongst the sonnes of men c 2. Chron. 19.6 All subiects as well Prelates and Nobles as the inferiour people are forbidden with the tongue to reuile Kings d Exod. 22.28 with the heart to thinke ill of them e Eccl. 10.20 or with the hand to resist them f Rom. 13.2 The great King of heauen doth impart his owne name vnto his Lieftenants the Kings of the earth and calleth them Gods with an ego dixi g Psal 82.6 whose word is Yea and Amen with this onely difference that these Gods shall die like men h Psal 82.7 and fall like other Princes Wherefore Nathan the man of
God must reprooue Dauid i 2. Sam. 12.7 that he may repent and be saued And the Sages Iudges and Nobles without feare or flatterie must aduise and direct Roboam k 1. Reg 12.7 Other attempts against Kings the King of Kings hath neither commanded in his law nor permitted in his Gospel Apolog. Dauid cap. 10. Dauid saith Ambrose nullis legibus tenebatur c. Dauid though he were an adulterer and an homicide was tied to no law for Kings are free from bonds and can by no compulsion of law be drawne to punishment beeing freed by the power of gouernment Thus farre Ambr. Saul the first King of Israel was rather a monster then a man after the spirit of God had forsaken him and the euill spirit was come vpon him m 1. Sam 16.14 There were not many sinnes against God Man or Nature wherein he transgressed not yet his excesse was punished neither by the Sacerdotall Synod nor the secular Senate Who can lay his hand on the Lords Annointed and be guiltlesse n 1. Sam. 16.9 The very Annointment was the cause of Sauls immunitie from all humane coercion as Augustine affirmeth Aug. contr lit Petil. l. 2. 148. Quero sinon habebat Saul sacramenti sanctitatem quid ineo Dauid venerabatur If Saul had not the holinesse of the Sacrament I aske what it was that Dauid reuerenced in him he honoured Saul for the sacred and holy vnction while he liued and reuenged his death Yea he was troubled and trembled at the heart because he had cut off a lappe of Sauls garment Loe Saul had no innocencie and yet he had holinesse not of life but of vnction So farre Augustine Who questioned Dauid for his murther and adulterie who censured Salomon for his idolatrie though their crimes were capitall by the law of God After that kingdome was diuided all the Kings of Israel and most of the Kings of Iudah were notorious idolaters yet during those kingdomes which endured aboue 200. yeares no Priest did chalenge no States-men did claime power from the highest to punish or depose their Princes And the Prophets perswaded all men to obey and endure those idolatrous Princes whose impietie they reprooued with the losse of their liues Christ fled when the people would haue made him a King a Ioh. 6.15 He paied tribute for himselfe and Peter b Matth. 17.27 When the question was propounded concerning the Emperours subsidie he concluded for Caesar c Matth. 22.21 And standing to receiue the iudgement of death before Pilate he acknowledged his power to be of God d Ioh. 19.11 This Sauiour of Mankind whose actions should be our instruction did neuer attempt to change that gouernment or to displace those gouernours which were directly repugnant to the scope of reformation that he aymed at Iohn Baptist did indeede reprooue king Herod with a Non licet e Mark 6.18 but he taught not the souldiers to leaue his seruice or by strife and impatience to wind themselues out of the band of allegiance wherein the law had left them and the Gospel found them f Luk. 3.14 The Apostles deliuered vnto the Church the doctrine of obedience and patience which they had learned by the precept and obserued by the practise of our Lord Christ Peter commandeth obedience to all manner of men in authoritie g 1. Pet. 2.13 Paul forbiddeth resistance against any power h Rom. 23.1 2 3 4. And S. Iude maketh it blasphemie to reuile gouernment or to speak euill of gouernours i Iude ● If therefore an Angel from heauen preach otherwise then they haue deliuered let him be accursed k Gal. 1.8 The second Chapter prooueth the same by the Fathers of the first 300. yeares THe true Church which had the spirit of vnderstanding to discerne the voice of Christ from the voice of a stranger neuer taught neuer practised neuer vsed or approoued other weapons then salt teares and humble praiers against the Paganisme heresie apostacie and tyrannie of earthly Kings Iustinus Martyr Tertullian and Cyprian shall beare witnesse for 300. yeares wherein the Kings and Potentates of the earth bathed themselues in the blood of innocents and professed enmitie against Christ and his seruants Ad inquisitionem vestram Christianos nos esse profitemur c. At your inquisition we professe our selues to be Christians though we knowe death to be the guerdon of our profession saith Iustine Martyr to the Emperour Antoninus ●ccund Apolog ad Ant. Imp. p. 113. did we expect an earthly kingdome we would denie our religion that escaping death we might in time attaine our expectation But we feare not persecution which haue not our hope fixed on the things of this life because we are certainly perswaded that we must die As for the preseruation of publique peace we Christians yeeld to you O Emperour more helpe and assistance then any other men For we teach that no euill doer no couetous man nor seditious that lieth in wait for blood can haue accesse to God And that euerie man doth passe to life or death according to the merit of his deeds Thus farre he Tertull. lib. ●● Scap. We saith Tertullian to Scapula the Viceroy of Carthage are defamed for seditious against the Imperial Maiestie Yet were the Christians neuer found to be Albinians Nigrians or Cassians Albinus Niger and Cassius were traytors against Marcus Antonius Commodus Pertinax and Seuerus the Emperours but they that sware by the Emperours dietie the very day before they that vowed and offred sacrifice for the Emperours health are found to be the Emperors enemies A Christian is enemie to no man much lesse to the Emperour knowing that the Emperiall maiestie is ordained of God and therefore necessarily to be loued reuerenced and honoured whose prosperitie together with the welfare of all the Romane Empire they desire so long as the world standeth We doe therefore honour the Emperour in such sort as is lawfull for vs and expedient for him we reuerence him as a mortall man next vnto God of whom he holdeth all his authoritie onely subiect to God and so we make him soueraigne ouer all in that we make him subiect but to God alone So farre Tertullian S. Cyprian sheweth many good reasons for the patience of the Saints in his booke against Demetrianus God saith he is the reuenger of his servants when they are annoied Wherefore no Christian when he is apprehended doth resist or revenge himselfe against your vniust violence though the number of our people be very great The confidence we haue that God will reward doth confirme our patience the guiltlesse giue way to the guilty the innocent rest content with their vndeserued punishment and tortures beeing certainely assured that the wrong done to vs shall not be vnrewarded The more iniurie we suffer the more iust and grieuous shall Gods vengeance be on them that persecute vs. It is therefore cleare and manifest that the plagues
not to die we entreat your clemencie Oh it was seemely for Christian souldiers to desire the tranquilitie of peace and faith and to be constant in truth euen vnto death Thus farre Ambrose S. Augustine relateth the same of the Christian souldiers vnder Iulian the Apostata-Emperour Iulianus extitit imperator infidelis Iulian was an vnbeleeuing Emperour was he not an Apostata an oppressor and an Idolater Christian souldiers serued that vnbeleeuing Emperour When they came to the cause of Christ they would acknowledge no Lord but him that was in heauen when they were commanded to adore Idoles and to offer sacrifice they preferred God before their Prince But when he called vpon them to warre bad them inuade any nation they presently obeyed They did distinguish their eternall Lord from the temporall king yet they submitted themselues to their temporal Lord for his sake that was their eternall king August in Psal 124. So farre he Optatus Milevitanus is another pregnant witnesse Cum super Imperatorem nemo sit nisi solus Deus Seeing there is no man aboue the Emperour beside God alone which made the Emperour Donatus by advancing himselfe aboue the Emperour De schism Donatist l. 3. doth exceede the bounds of humanitie and maketh himselfe a God rather then man in that he feareth and reuerenceth him not whom all men should honour next after God So farre Optat. Com. in evang Ioh. l. 12. c. 36. Saint Cyril is of the same iudgement Cui legis preuaericatores liberare licet nisi legis ipsius authori Who can acquit them that breake the law from transgression beside the law-giuer as we see by experience in all humane states no man can without danger breake the law but kings themselues in whom the crime of preuarication hath no place For it was wisely said of one that it is a wicked presumption to say to a king Thou doest amisse So farre he In 1. epist ad Timoth c. 2. ● 1. And also Saint Chrisostome What meaneth the Apostle saith he to require prayers and supplications inintercessions and thanksgiuing to be made for all men he requireth this to be done in the daily seruice of the Church and the perpetuall rite of diuine religion For all the faithfull do knowe in what manner prayers are powred out before the Lord morning and euening for all the world euen for kings and euery man in authoritie Some man will peradventure say that for all must be vnderstood of all the faithfull Which cannot be the Apostles meaning as may appeare by the words following viz. for Kings seeing that kings neither did then nor in many ages after serue the liuing God but continued obstinately in infidelitie which by course of succession they had receiued Thus farre Chrysost Our Moderne reformers teach vs that which Paul and Chrysostome neither knewe nor beleeued See the preface before Basilic Dor. that wicked Princes are not to be prayed for but to be resisted c. When the faction of Eutiches had preuailed against the Catholikes Leo the first had no other remedie then prayers to God sighes teares and petitions to the Emperour Omnes partium nostrarum ecclesiae c. Epistol 24. ad Theodos Imperat. All the Churches of these parts all we Priests euen with sighs and teares beseech your Maiestie to command a generall Synode to be held in Italie that all offences beeing remooued there may remaine neither error in faith nor diuision in loue Fauour the catholiques grant libertie to protect the faith against heretiques defend the state of the Church from ruine that Christ his right-hand may support your Empire Thus farre Leo. When Gregorie the great was accused for the murther of a Bishop in prison he wrote to one Sabinianus to cleare him to the Emperour and Empresse Breuiter suggeras serenissimis dominis meis Epist l. 7. epist 1. You may briefly enforme my soueraigne Lord and Ladie that if I their seruant would haue busied my selfe with the death of the Lombards that nation would by this time haue had neither Kings nor Dukes nor Earles should haue bin in great confusion and diuision but because I stood in awe of God I was euer afraid to meddle with the shedding of any mans blood so farre Gregorie These Lombards were Pagans invaders of the countrey ransackers of the citie persecutors of the Saints robbers of the Church oppressors of the poore whom Gregorie the first might and would not destroy quia deum timuit because he feared God It is verie like that his successor Gregorie the seauenth feared neither God nor man when he erected the papall croisier against the regall scepter and read the sentence of depriuation against the Emperour Henrie Ego authoritate apostolica c. I by my power apostolicall doe bereaue Henrie of the Germaine kingdom and do depriue him of all subiection of Christian men absoluing all men from the allegiance which they haue sworne vnto him And that Rodolph whom the Peeres of the Empire haue elected may gouerne the kingdome I grant all men that shall serue him against the Emperor forgiuenesse of their sinnes in this life and in the life to come Carol. Sigon de Regno Ital lib. 9. in vita Hen. 3. As I haue for his pride deiected Henrie from the royall dignitie so I doe exalt Rodolph for his humilitie to that place of authoritie Thus farre Gregor 7. Benno Card in vit Greg. 7 It is no wonder that Gregorie his chaire claue a sunder as some writers affirme at the giuing of this sentence because the proud Pope and his wicked sentence were too heauie a burthen for Peters stoole of humilitie to beare The fourth Chapter prooveth the Immunitie of Kings by the Fathers of the third 300. yeares AFter the death of Gregorie the great which was about the yeare of our Lord 604. Sabinianus did succeede him who liued but one yeare after whome came Boniface the 3. which obtained of Phocas to be called Vniversall Bishop since that time perijt virtus Imperatorum pietas Pontificum the Emperours waxed weake and the Bishops wicked What the iudgemēt of those Fathers then was concerning subiection to wicked Kings I will make euident by the testimonie of Gregorius Turonensis Isidorus Damascenus Beda Fulgentius Leo 4. and the Fathers assembled in a Councell at Toledo in Spaine Gregorie Turonensis acknowledgeth such an absolute power in Childericke a most wicked king of France as was free from all controll of man 〈…〉 lib 5. cap. 1. Si quis de nobis Rex iustitiae limites transcendere voluerit c. If any one of vs O King doe passe the bounds of iustice you haue power to correct him but if you exceede your limit who shall chastice you We may speake vnto you if you list not to harken who can condemne you but that Great God who hath pronounced himselfe to be righteousnes hactenus ille Isidorus saith no lesse for the immunitie of the
that our sinnes may be iudged and punished in this world as praise his mercie and fauour in giuing rest to his seruants vnder the protection of godly and gracious princes The ninth Chapter sheweth the generall consent of the Moderne Puritans touching the coercion deposition and killing of Kings whome they call tyrants THe Citizens of Geneua changed the gouerment from a Monarchie to a Democratie in the yeare of Christ 1536. In the which yeare Iohn Calvin came into that Citie to visit his freind Farellus And was chosen the publike reader of diuinitie At his first comming thither he published his Theologicall institutions Wherin he doth verie learnedly and Christianly intreat of the authoritie of princes and the dutie of subiects One onely place is harshe and dangerous deliuered in obscure and doubtfull tearmes to excuse as I conceiue the outrage of the Citizens against their prince whom they had not many weekes before expelled not to authorise other men to attempt the like against their soueraigne Magistrates His words are these Si qui sunt populares Magistratus ad moderandam regnum libidinem consttuti If there be any popular Magistrates to restraine the licentiousnesse of Kings of which kinde were the Ephori opposed against the Lacedemonian Kings Iustit l. 4. 6. 20. sect 31. the Tribunes of the people which curbed the Romane Consuls and the Demarchie which brideled the Senate of Athens And such peraduenture as things now stand are the three states in euery kingdome assembled in Parliament I doe not denie but these in regard of their dutie stand bound to represse the vnrulinesse of licentious kings Nay I affirme that if they doe but winke at at those kings which peeuishly make hauock of their people and insult against their communaltie that they want not the guilt of hainous treacherie because they betray the libertie of the people whose guardians they know themselues to be appointed Thus farre Calvin Since which time all Puritans haue turned his coniunction conditionall into an illative his aduerb of doubting to an affirmative and his permissive non veto into a verb of the imparative moode in their books of regiment secular and discipline Ecclesiasticall Christopher Goodman published a treatise of obedience at Geneva not without the verie good liking and approbation of the best learned in that citie 1557. pag. 119. wherein he affirmeth That if Magistrates transgresse Gods lawe themselues and command others to doe the like they loose that honour and obedience which otherwise is due vnto them and ought no more to be taken for Magistrates but to be examined and punished as priuate transgressors so farre Goodman Much about the same time was Knoxe his appellation printed in the same place Geneva fol. 56. wherein he feareth not to affirme That it had beene the dutie of the Nobilitie Iudges Rulers and people of England not onely to haue resisted Marie that Iezabel whom they call their Queene but also to haue punished her to the death with all such as should haue assisted her what time that she opēly began to suppresse Christs Gospel to shed the blood of the Saints and to erect that most deuillish Idolatrie the papisticall abhominations and his vsurped tyrannie Thus farre Knox. Ann. 1560. Theodore Beza printed his Confessions wherein he auoucheth That there are vices inherent in the persons of Princes though they be lawfully established pag. 216. by succession or election viz. Vngodlinesse couetousnesse ambition crueltie luxurie lecherie and such like sinnes which tyrants delight in What shall be done in this case to these Princes I answer saith he that it belongeth to the superiour powers such as are the 7. electors in the Empire and the statesmen of the kingdome almost in euerie Monarchie to restraine the fury of tyrants which if they doe not they are traytors to their countryes and shall before the Lord giue an account of their treacherie Thus farre Beza 1561. The verie yeare after there was a contention betweene the Nobilitie and Clergie of Scotland about this matter Renum ●cot l. 17. p. 590. as Buchanan reporteth let him tel his owne tale Calendis Novembribus regina ad Missam The Queene vpon the feast of All-Saints added to her priuate Masse all the solemnities and superstitious ceremonies of the Papists The Ministers of the Gospel tooke it verie ill complained thereof to the people in their publike congregations and admonished the nobilitie of their dutie in that behalfe whereupon rose a controversie in a house of private meeting between the Nobles and Preachers whether the Nobles may restraine Idolatrie that is like to breake out to a generall destruction and by rigor of law compell the cheefe Magistrate to his dutie when he exceedeth his bounds The Ministers of the Church stood stedfast in opinion as they had formerly done that the cheefe Magistrate may be compelled euen by forcible meanes to liue according to law but the Noble men because of the Queenes fauour hope of honour or loue of lucre Note how basely the Puritans esteeme the Nobilitie when they thwart them did a litle wauer and thought otherwise then the Ministers and so in the end iudgement passed with the Nobles because they were more in number and of better esteeme and reputation Thus farre Buchanan 1568. The outlandish Churches in London concluded this Canon in a classicall Synode ●ezae epist 24. Si quisquam repugnantibus legibus patriae If any man vsurpe Lordship or Magistracie against the lawes and priuiledges of the countrie or if he that is a lawfull Magistrate doe vniustly bereaue his subiects of the priuiledges and liberties which he hath sworne to performe vnto them or oppresse them by manifest tyrannie the inferiour officers must oppose themselues against him for they are in dutie bound before God to defend their people as well from a domesticall as a forraigne tyrant Thus farre they 1574. We had swarmes of caterpillers namely fol. 145. Disciplina Ecclesiastica from Rochel to teach vs that the senate Ecclesiasticall hath the cheefe moderation of the Christian societie and ought to prouide that no Magistrate be defectiue in his charge and by common care counsell and authoritie to ouersee that euerie gouernour our cary himselfe faithfully in his Magistracie Thus farre that author pag. 48. Franco-Gallia from Colen wherein we finde that the people hath power to dethrone their Princes pag. 300. Iunius de iure Magistratuum as some thinke from Geneva wherein it is said that the people haue the same right to depose kings that are tyrants which a generall counsell hath to displace a Pope that is an heretique Eusebius Phyladelphus from Edenbruge wherein we read dialogo 2. pag. 57. that it was as lawfull for his brethren of France to defend themselues against the tyrannie of Charles the ninth King of that name in France as for wayfairing men to resist and repell theeues cutthroats and wolues nay further I am saith he of opinion
with the old people of Rome that of all good actions the murther of a tyrant is most commendable Thus farre he pag. 206. 1577. came forth the Vindicia contra Tyrannos with this resolution That Princes are chosen by God established by the people euery priuate man is subiect to the Prince the Multitude and the officers of state which represent the Multitude are superiours to the Prince yea they may iudge his actions and if he make resistance punish him by forcible meanes So farre he 1584. Danaeus finished his booke of Christian policie wherein among many other he propoundeth and answereth a Noble question lib. 3. c. 6. as he termeth it Nobilis quaestio sequitur A noble question followeth whether it be lawful for subiects to change and alter their gouerment Yea whether it may be done by godly men with a good conscience his answer is The cheefe Magistrate that notoriously and willfully violateth the fundamentall lawes of the kingdome may be displaced by godly subiects with a good conscience And this is his reason Reges summique Magistratus Kings and cheefe Magistrates are the vassalls of the kingdome and of the Common-wealth where they rule Wherefore they may be dispossessed deiected when they shall obstinatly attempt any thing against the feudall lawes of the kingdome where they gouerne as Kings and cheefe Magistrates And it is truly said that as a generall councell is aboue the Pope so the kingdome or the Peeres of the Land are aboue the King Thus farre Danaeus 1585. de iure Reg. pag. 31. George Buchanan proclaimed rewards aswell for murthering kings as killing tygres If I saith he had power to make a law I would command tyrants to be transported from the societie of men into some solitarie place or els to be drowned in the bottome of the sea that the euill sauour of dead tyrants should not annoy liuing men Furthermore I would award recompence to be giuen for the slaughter of tyrants not onely of all in generall but of euery one in particular as men vse to reward them for their paines which kill wolues or beares and destroy their young ones haec ille The same yeare Thomas Cartwright commended Dudley Fenners his Sacra Theologia as they call his booke to the world wherein men are warranted by sundry texts of Scripture most miserably abused to destroy tyrants Therein he following the common opinion of the Puritans maketh two sorts of tyrants Tyrannus sine titulo lib. 5. cap. 13. pag. 185. and Tyrannus exercitio For the tyrant without title He is confident that any man may cut his throat Huic quisque priuatus resistet etiam si potest è medio tollat let euerie private man resist him and if he can take away his life For the Tyrant exercent hauing described him to be a Prince that doth wilfully dissolue all or the chiefest compacts of the commonwealth he concludeth against him Hunc tollant vel Pacifice vel cum Bello qui ea potestate donati sunt vt rgeni Ephori vel omnium ordinum conventus publicus The Peeres of the kingdome or the publique assembly of states ought to destroy him either by peaceable practises or open warre haec ille Anno 1588. Hermanus Renecherus published obseruations vpon the first Psalme wherein he investeth the Presbiterie with all the Popes prerogatiues Concerning the Presbiterian power ouer kings This is his notable annotation pag. 72. God saith he hath ordained the Ciuill Magistrate for the good of the ecclesiasticall order therefore the ecclesiastical state is the highest throne of Gods earthly kingdome the supreame seate of all excellencie and the chiefest court wherin God himselfe is president to distribute eternall gifts to his servants Whereas the politicall Empire is but as it were an inferiour bench wherein iustice is administred according to the prescription of the ecclesiasticall soueraigntie Thus fatre Renecherus Robert Rollocke a man otherwise verie learned is caried with the current of this error and borrowed his assertion of M. Fenner whose words he expoundeth by way of paraphrasis In Daniel c. 5. p. 150. in his commentaries on Daniel printed at Edingburge 1591. Though the chiefe lawfull Magistrate saith M. Rollocke doe many things vniustly and tyrannously he may not rashly be violated by them especially which haue not authoritie but the Nobles or the publike assemblie of states must reduce him to his dutie by reproofe and all other lawfull meanes 1. Sam. 14.46 If he doe still persist in open and desperate tyrannie wilfully dissoluing all or the chiefest compacts of the common wealth priuate men must not yet medle with him onely the Peeres or the publike assemblie of all states to whom that charge belongeth must prouide that the Church and Commonwealth come not to desolation though it cannot otherwise be done then by the death and destruction of the tyrant Better it is that an euill king be destroyed then the Church and state together ruined Thus farre Rollocke For proofe he referreth his reader first to the 1. Sam. 14.46 viz. Then Saul came vp from the Philistims and the Philistims went to their own place ergo Kings that are wicked may be reduced to their dutie by the Peeres or assemblie of states according to the rules of the newe Puritan logique Secondly for the killing and destroying of kings he referreth his readers to the 2. regum c. 11. v. 4.5.6.7 which place I thinke he neuer vouchsafed to looke vpon but set it downe as he found it quoted in Fenners diuinitie from whom he hath taken all the rest I will make an end with William Bucanus whose booke was published at the request and with the approbation of Beza and Goulartius maine pillars of the Church of Geneva 1602. 〈…〉 pag. 〈…〉 They saith Bucanus which haue any part of office in the publike administration of the Commonwealth as the Ouerseers Senators Consuls Peeres or Tribunes may restraine the insolencie of euill kings Thus farre he This Puritan-dangerous error is directly repugnant to the Law the Gospel the precepts of the Apostles the practise of Martyrs and the doctrine of the Fathers Councels and other classicall Writers as I haue prooued in the sixe former Chapters and will more directly shew by the grace of God in my other booke wherein the holy texts of Scripture which the Papists and Puritans doe damnably abuse against the Ecclesiasticall and Civill authoritie of Kings shall be answered by the godly Protestants whose labour God vsed to reforme his Church since the yeare of our Lord 1517. and by the ancient Fathers and orthodoxall Writers in euery age of the Church This Puritan-position which authoriseth Nobles and assemblies of States against wicked kings is the very assertion of the most seditious Iesuits that haue liued in our age as I will demonstrate by two or three Iohannes Mariana whose booke seemeth to be written in defence of Clement the fryer who stabbed Henrie the 3. king of France The