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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
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