make shew of care to preâ—erue the state but you are like the Iuy which â—eemeth outwardly both to imbrace and adorne the wall whereinto inwardly it doth both eate vndermine For what meanes either more readie or forceable to ouerthrow a state then faction and intestine quarels and what other milke doe you yeelde what are your opinions what your exhortations but either to set or to holde vp sedition and bloodshead Saint Paule teacheth vs not to resist higher powers although both cruel and prophane you teach vs to resist them what we can the Apostle is followed of al the auntient Fathers of the church you are followed of those only who follow the Anabaptists For my part I had rather erre with the Apostle in this opposition then holde truth with you But I will speake more moderately in a subiect of such nature I wil not say theÌ„ that I had rather erre but that I shall lesse feare to erre in not resisting with the Apostle theÌ„ in resisting with you New councels are alwaies more plausible then safe After you haue plaide the Suffenus with your selfe in setting the garland vpon your owne head and making your imaginarie audience to applaude your opinion as worshipfully wise you proceede to declare what ought chiefly â—o be regarded in furthering or hindering any Prince towards the Crowne Three points you say are to bee required in euerie Prince religion chiualrie and iustice and putting aside the two last as both handled by others and of least importance you assume onely to treate of religion wherein eyther errour or want doth bring inestimable damage to any state You drawe along discourse that the highest end of euery Common-wealth is the seruice worship of God and consequently that the care of religion is the principall charge which pertaineth to a King And therfore you conclude that whatsoeuer prince doth not assist his subiects to attaine this ende omitteth the chief part of his charge committeth high treason against his Lord and is not fit to holde that dignitie though he performe the other two partes neuer so well And that no cause can to iustly cleare the conscience whether of the people or of particular men in resisting the entrance of any Prince as if they iudge him faultie in religion This is neither nothing nor all which you say In electiue states the people ought not to admit any man for King who is eyther colde or corrupt in religion but if they haue admitted such a one with soueraigne authoritie they haue no power at pleasure to remoue him In successiue kingdomes wherein the people haue no right of election it is not lawfull for priuate men vpon this cause to offer to impeach either the entraÌ„ce or coÌ„tinuance of that king which the lawes of the State do present vnto them not only because it is forbidden of God for that is the least part of your regard but because disorderly disturbance of a setled forme in gouernment traineth after it more both impieties and dangers then hath euer ensued the imperfections of a king I will come more close to the point in controuersie and dispell these foggie reasons which stand betweene your eye and the truth There are two principall parts of the lawe of God the one morall or natural which containeth three points sobrietie in our selues iustice towards others and generally also reuerence and pietie towards God the other is supernaturall which containeth the true faith of the mysteries of our saluation and the speciall kind of worship that God doth require The first God hath deliuered by the ministrie of nature to all men the second he doth partly reueale partly enspire to whoÌ„ he please and therefore although most nations haue in some sort obserued the one yet haue they not only erred but failed in the other During the time of the lawe this peculiar worship of God was appropriate only to the people of Israel in a corner kingdome of the world the flourishing Empires of the Assirians Medes Persians AegyptiaÌ„s Graecians Syrians and Romans eyther knew it not or held it in contempt The Israelites were almost alwaies in subiection vnder these both Heathen tyrannicall gouernments yet God by his Prophets enioyned them obedience affirming that the hearts of kings were in his hands that they were the officers of his iustice the executioners of his decrees In the time of grace the true mysteries both of worship and beliefe were imparted also to other nations but the ordinarie meanes to propagate the same was neither by policie nor by power When S. Peter offered prouident counsell as hee thought vnto Christ aduising him to haue care of himselfe and not to go to Hierusalem where the Iewes sought to put him to death Christ did sharply reproue him for it when he did drawe his sword and therwith also drew bloud in defence of Christ hee heard this sentence They that take the sworde shall perish with the sworde Christ armed his Apostles onely with firie tongues by force whereof they maintained the fielde against all the stratagems and strength in the world And when Princes did not onely reiect but persecute their doctrine they taught their subiects obedience vnto them they did both encounter and ouercome them not by resisting but by persisting and enduring This course seemeth straunge to the discourse of of reason to plant religion vnder the obedience of kings not only carelesse therof but cruell against it but when we consider that the Iewes did commonly forsake God in prosperitie and seeke him in distresse that the Church of Christ was more pure more zealous more entire I might also say more populous when shee trauelled with the storme in her face then when the winde was eyther prosperous or calme that as S. Augustine saith Want or weakenesse of faith is vsually chastised with the scourges of tribulatioÌ„s We may learne thereby no further to examine but to admire and embrace the vnsearchable wisedome and will of God Seeing therefore that this is appointed the ordinarie meanes both to establish and encrease religioÌ„ may we aduenture to exchange it with humane deuices Is it the seruants dutie eyther to contradict or dispute the maisters commaundement is there any more readie way to proue an heretike then in being a curious questionist with God is hee bounde to yeelde to any man a reason of his will It is more then presumption it is plaine rebellioÌ„ to oppose our reason against his order against his decree It standeth also vpon common rules That which is contrary to the nature of a thing doth not helpe to strengthen but to destroy it It is foolish to adde externall stay to that which is sufficient to support it selfe It is sencelesse to attempt that by force which no force is able to effect That which hath a proper rule must not be directed by any other And this was both the profession and practise of the auntient Fathers of the
Church as I haue declared before wherto I wil here adde that which S. Ambrose saith Let euery man beare it patiently if it be not extorted froÌ„ the Emperor which he would be loath the Emperor should extort froÌ„ him And least they might be interpreted not to mean obedience as wel to succession as to present power they alledge that which the captiue Iewes of Babilon did wright to the tributarie Iewes which were at Ierusalem to pray for the life not onely of Nabuchodonosor the King of Babilon but also of Baltasar his sonne the next successor to his estate But in latter times Innocentius hath taught and is also seconded by Castrensis that loue is a iust cause to moue armes for matters of religion vnder which pretence diuers men haue pursued their owne priuate purposes endâ—s Guicciardine wrighteth that Firdinand who was called the catholicke did couer al his couetous and ambitious desires with the honest and holy veile of religion the like dooth Iouius reporte of Charles the fifth Emperour Paulus Aemilius wrighteth thus of all euery man professeth his war to be holy euery man termeth his enemies impious sanctity piety is in euery mans mouth but in aduise and in action nothing lesse The coÌ„tention is for worldly right take away that and you shall finde no cause of war Now they pretend piety to euery mischiefe the name of holy warrefare most miserable is applied vnto armes Hereupon such cruâ—ll calamities haue ensued in most partes of Europe â—specially in Germanie and France with so little furtherance to that cause for whose supportance force was offred that all the chiefe wrighters of our age are now reduced to the former opinion affirming with Arnobius that religion is of power sufficient for it selfe with Tertulian also Hactantius Cassiodorus Iosephus S. Barnard and others that it must be perswaded and not enforced They of your society as they tooke their originall from a souldier so they are the onely Atheologians whose heades entertaine no other obiect but the tumult of realmes whose doctrine is nothing but confusion and bloodshed whose perswasions were neuer followed but they haue made way for all miseries and mischiefes to range in to come forward to thriue to preuaile You haue alwayes bin like a winter sunne strong enough to raise vapours but vnable to dispell them For most cowardly companions may set vp striefe but it is maintained with the hazard and ended with the ruine alwayes of the worthiest and sometimes of all The summe is this So long as we expresse pure pietie both in our doctrine and in our doings all will goe well but when we make a mixture of deuine and humane both wisedome and power when we preach policie when we make a common trade of treason when we put no difference betweene conscience and conceite we must needes ouerthrow either religion or our selues Now I will answere the reasons of your assertion First you say that if Princes doe not assist their subiects in the honour and seruice of God in this life God should drawe no other fruite or commodity from humane societies then of an assembly of brutish creatures But this reason is not onely weake as it may appeare by that which hath beene saide but also brutish and which is worse prophane For what fruite what commoditie doeth God drawe from societies of men is not his glory perfect in it selfe can we adde any thing to the excellencie thereof hath he any neede of our broken worship God is an absolute beeing both comprehending and exceeding all perfections an infinite being and therefore his sufficiencies neither can be encreased neither doe depend vpon any but onely of himselfe He was from eternity without any world â—nd a thousand worldes more cannot any deale encrease his felicity and glory he did create the world not to perticipate any thing thereof but to communicate from himselfe vnto it Heereupon Iob saith What profit is it to God if thou be iust What aduantage is it to him if thy wayes bee cleane Surelie we must be better enformed of the soundnesse of your iudgement before we dare depend vppon the authority of your worde You put vs in minde that you compared an heire apparant to a spouse betroathed onely and not maried to the common wealth I remember it well but I did not take you for such a widower of wit that you could thinke it worthy to be repeated And yet that which herevpon you deduce out of S. Paul maketh altogether against you S. Paul saith that if a brother hath an infidell to wife if the consent to abide with him he may not put her away and likewise if a woman hath an infidell husband but if the infidell doeth depart then the Christian is free Now if you will needes make a marriage betweene a King and his subiects you might heereupon conclude that if an infidell King will houlde his state the people may not dispossesse him And whereas you affirme that all they who differ in any point of religion and stand wilfully in the same are infidelles the one to the other you shew both a violence and weakenesse of minde For obstinate error in certaine articles of â—aith and not in the whole state and substance thereof doth make an hereticke but not an Infidell And although the Canon lawe dooth in some case dissolue mariage betweene a Christian and an Infidell yet doth it not permit the like betweene a true Christian and an heretick And Panormitane in his doubting manner denyeth that the Church hath power to authorize diuorce in case of heresie So that allowing your compaâ—ison for good yet in case of infidelitie S. Paule in case of heresie the Cannon lawe is altogether against you You adde that albeit the religion which a man professeth be neuer so true yet whosoeuer hath a contrary perswasion thereof he shall sinne damnably in the sight of God to preferre that man to a charge wherein he may drawe others to his opinion But I will omit this streine and yet rather as impertinent then true For there are few nations in the world wherein the people haue right to prefer any man to be king that which you alleage out of S. Paule for your proofe is very different from the case which you do forme The Apostle speaketh when an action is of it selfe indifferent but a weake conscience iudgeth it euill being also euill by circumstance in offending others you speake where an action is good in it selfe but an erronious conscience iudgeth it euill I allowe that a good action contrarie to conscience is vnprofitable but that it is alwayes a damnable sinne I dare not affirme I dare not affirme that the Romane armie did damnably sinne in defering the Empire to Iouinian who excusing himselfe as Zonaâ—as wrighteth because being a Christian he could not command a Pagane armie they did notwithstanding confirme him
AN ANSVVER TO THE FIRST PART OF A CERTAINE CONFERENCE CONCERNING SVCCESSION PVBLISHED not long since vnder the name of R. Dolman AT LONDON Imprinted for Simon Waterson and Cuthbert Burbie 1603. TO THE KINGS MOST EXCELLENT MAIESTIE MOst loued most dread most absolute both borne and respected Soueraigne to offer excuse for that which I needed not to haue done were secretly to confesse that hauing the iudgement to discerne a fault I wanted the will not to commit it Againe to seeke out some coulers to make it more plausible were to bring in question the sufficiencie thereof Therefore without further insinuation either for pardon or for acceptance I here present vnto your Maiestie this defence both of the present authoritie of Princes and of succession according to proximitie of bloud wherein is maintained that the people haue no lawfull power to remoue the one or repell the other In which two points I haue heretofore also declared my opinion by publishing the tragicall euents which ensued the deposition of King Richard and vsurpation of King Henrie the fourth Both these labours were vndertakeÌ„ with particular respect to your Maiesties iust title of succession in this realme and I make no doubt but all true hearted Englishmen wil alwaies be both ready and forward to defend the same with expence of the dearest drops of their bloud The Lord vouchsafe to second your honorable entrance to the possession of this crowne with a long prosperous continuance ouer vs. Your Maiesties most humble and faithfull subiect Io HAYVVARD Qui tibi Nestoreum concessit pectus eâ— ora Nestoreos etiam concedat Iupiter annos To R. DOLEMAN YOu will thinke it strange Maister Doleman that hauing lien these many yeares in quiet harbour froÌ„ the tempest of mens tongues you should now feele a storme to breake vpon you peraduenture you were perswaded as euery one suffereth himselfe to be beguiled with desire that this silence did growe eyther vpon acceptance of your opinion or from insufficiencie to oppose against it I assure you neither but partly from contempt and partly from feare Thâ— contempt proceeded from the manner of your writing wherein you regarde not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not how eyther truly or pertinently but how largelye you do wright endeauouring nothing else but eyther to abuse weake iudgements or to feede the humors of such discontented persons as wante oâ— disgrace hath kept lower then they had set their swelling thoughts The feare was occasioned by the nimble eare which lately was borne to the touche of this string for which cause our English fugitiues did stand in some aduantage in that they had free scope to publish whatsoeuer was agreeable to their pleasure knowing right well that their bookes could not be suppressed and might not be answered It may be you will question wherefore I haue not answered your second part it is ready for you but I haue not now thought fit to divulge the same partly because it hath beene dealt in by some others but principallie because I know not how conuenient it may seeme to discusse such particulars as with generall both liking and applause are now determined I forbeare to expresse your true name I haue reserued that to my answere to some cast Pamphlet which I expect you will cast forth against mee and I make little doubt but to driue you in the end to such desperate extremitie as with Achitophell to sacrifice your selfe to your owne shame because your mischieuous counsaile hath not bin embraced AN ANSVVERE TO THE FIRST CHAPter whereof the Title is this That succession to gouernement by neerenesse of bloude is not by lawe of Nature or deuine but onely by humane and positiue lawes of euery particular common wealth and consequently that it may vpon iust causes be altered by the same HERE you beginne that other conditions are requisite for comming to gouernement by succession besides propinquitie or prioritie of bloude which conditions must be limited by some higher authoritie then that of the King and yet are they prescribed by no law of Nature or deuine For otherwise one that wanteth his wits or sences or is a Turke in religion might succeed in gouernment which you affirme to be against al reason law religion wisdom coÌ„scieÌ„ce against the first end of InstitutioÌ„ of coÌ„moÌ„ wealths And that Byllay who maintaineth the contrarie doth it in fauour and flattery of some particular Prince What coÌ„ditioÌ„s are requisit in succession besides priority of bloud by what authority they are to be limited I wâ—l theÌ„ examin wheÌ„ you shal propouÌ„d but for your reason of this assertioÌ„ you must heaue other men theÌ„ Billay out of credit for reason law coÌ„scieÌ„ce wisdom before you cary it for cleare good As for entire coÌ„trariety in religion or differeÌ„ce in some particular points therof whether it be a sufficient cause of exclusion or no I wil refer my selfe to that place where you do strain your strength about it In disabilities to gouern Baldus doth distinguish whether it be naturall or accidentall affirming that in the first case it sufficeth to exclude because he that is incapable of gouernmeÌ„t froÌ„ his birth had neuer any right of successioÌ„ setled in him in the other it doth not suffice because he that is once inuested in right of succession caÌ„not be depriued therof without his fault Many do follow this distinction Io Igneus doth limit it to such dignities as are not absolute But Iâ—son Angelus diuers others do indistinctly hold that the eldest son of a king or other gouernor although he be borne either â—urious or a foole or otherwise defectiue caÌ„not therfore be excluded froÌ„ his successioÌ„ These affirm that any end of institution of common wealths is if not fully yet better satisfied by appointing a protector of the state as vpoÌ„ diuers occasions it hath bin vsuall then by acknowledging another prince as wel for other respects as for that by continuaÌ„ce of succession in one discent a faire ordinary occasion is remoued both of mutiny inuasion For enemies wil not readily attempt subiects do most willingly obey that prince whose ancesters haue worn out those humors both of hatred contempt which do commonly accompany new raised estates I wil not confirm this last opinion by the exaÌ„ple of Neptune the son of Saturn who althogh he was lame on both his legs yet had the gouernment of the sea allotted to him but I wil coÌ„firm it by the practise of Athens Lacedâ—mon the two eyes of Graecia as Leptines Iustine do aptly term theÌ„ Herodotu reporteth that wheÌ„ Alexandrides king of Sparta left 2 sons Cleomenes the eldest distracted in wits Dorieus the yongest both of ability inclination to all actions of honor the LacedaemoniaÌ„s acknoledged Cleomenes for their king Agesilaus also the famous king of Lacedaemon was lame as Plutarch Probus Aemilius do report Paul
Emperour by which means they did afterward embrace the Christian faith The like doth Orosius report that Valentinian being discharged by Iulian from being Tribune because he was a Christian by consent of the Souldiers was created Augustus I rather take it to be a damnable sinne which Zonaras wrighteth of the Bulgarians in taking armes against their King because he was conuerted to Christian religion albeit they did according to their conscience It were a deflowring of time to diue into the depth of this question because it appeâ—teineth to electiue states and not vnto vs. But where you wright without eyther authoritie or proofe that to assist or not to resist the aduancement or gouernment of any king whom we iudge faultie in religion is a most damnable sinne of what side soeuer the truth be you breath out most filthy and vnsauorie smoake you lift vp your voice into high blasts of blasphemie against the most high God hath taught by the Apostle S. Paule that whosoeuer resist the higher powers which at that time were Infidels receiue vnto themselues damnation you teach that whosoeuer doth not in the like case resist doth damnably offend Were not the spirit of diuision otherwise called the deuill seated in your soule you would not thus openly oppose the setlings of your rotten braine against the expresse and direct sentence of God What is it a damnable sinne to doe euery man right is it damnable to giue Caesar that which is his due to giue tribute honor feare to whom they appertaine The Apostle saith that Christians by resisting the power of Infidell rulers do acquire vnto themselues damnation and shall wee yeelde credit vnto you that Turkes Moores Infidels should damnablye sinne eyther in admitting or enduring the authoritie of a Christian Prince How vilie doe you value the iudgements of men at how lowe rate doe you prize both your conscience and credit I could rise into riot of wordes vpon you were it not that I respect what is seemlye rather for mee to speake then for you to heare Certainely if we had receiued no such commaundement from God the regarde of the quiet of humane societies is sufficient to ouer-whelme your hereticall assertion for seeing there are many different professions of religion not onely in the world but almost in euery nation of the world seeing also as Philo saith euery man eyther by vse or instruction iudgeth his owne religion best what suretie could any Prince what safetie could any people enioy if your firie opinion should take place what assurance can there be of life or of state where the sworde beareth swaye vpon such occasions that guided by hands both tumultuous and fierce And seeing among many religions there can be but one truth if all men should be obstinatelie bent against the gouernment of any who in their iudgement is faultie in religion what likelyhood can we eyther conceiue or coniecture but that many errours would soone preuaile against the onely trueth And therefore it is farre more moderate and safe to vse the ordinarie meanes both of maintaining and propagating the trueth and to commit the successe thereof vnto God and as Iosephus aduiseth not to offer eyther contumelie or violence against any religion least we prouoake thereby the professors thereof to doe the like against our Your last reason is drawne from policie and consideration of state because a King will neyther trust nor fauour much lesse aduance him that is not of the same religion with himselfe but to the contrarie hee shall bee subiect to all molestations iniuries and other auersions which are incident to those who are not currant with the present course of affaires Oh sirre this is the Helene for which you contend you concurre in opinion with those Athenians of whome Alexander demanded deuine honours not so obstinately to defend heauen as to loose the benefit of the earth This is the marke whereat you aime this is the Compasse whereby you sayle as diuers flowers doe open and cloase according to the motion of the same so according to the variation hereof you extend or restraine your plyant conscience as you please But the Apostle teacheth vs to be obedient to higher powers for conscience sake and not for anye priuate respect Besides all Princes are not of that disposition whereof you speake Suida wrighteth of one who changing religion to please his King was therefore adiudged to loose his head one being appointed to crye at the time of his execution Hee that keepeth not faith with God what sound conscience can hee beare towards men The Protestants in France are not altogether cast eyther out of fauoure or out of charge and manie Romane Catholickes in England doe enioye their full part of all the plentie and pleasures that the realme can affoord Lastly what haue you to doe with reasons of state This is the Eagles feather which consumeth your deuotioÌ„ Your office is to meditate to pray to instruct meÌ„ in pure deuotion to settle their soules in piety in peace But do you containe yourselues within these limmits nothing lesse You take vpon you the pollicie of state yoù â—end deface the reputation of Kings you make your selues both iudges moderators of all their actions allowing them to flie no further then you giue them wings You dispose not onely their affaires but their crownes at your pleasure you hunt them not to couert but to death You contriue waâ—s to compasse your designes you traine vp your followers in the high mistery of treason you cast into euery realme the apple of striefe your doctrine is to no other vse but as drummes Fifes and trumpets to incense fury To these endes you wrest scriptures you corrupt histories you counterfeit reasoÌ„s you corrupt all truth pardon my plainenes I pray you I haue not atteined to your dexterity in disguising matters with smooth termes you are obstinate to hazard rather all dangers then to be cut of from one point of your purpose You acknowledge no religion but your will no law but your power all lies treacheries and fraudes do change their nature and become both lawfull and laudable actions when they beare for the aduantage of your affaires But this is directed to deuotion you will say and as you terme it ordine ad deum for a holy and religious end Away then with your deuotion and so we shall be rid of your dangerous deceit Away I say with your deuotion or else we will conclude of you as Liuie did of Anniball nihil veri nihil sancti nullus deûm metus nullum iusiuradum nulla religio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a In c. 1. tit de success feud b In quaestâ—an rex Franc ae râ—câ—gn sâ—at â—uperiorem c In â—â—emo D. dâ— lâ—g 1. d In â—â—uÌ„ praetor § non autem D. de Iudi. e A pud Aristor thetor 3. ca. 10. f Lib. 5. g In cerpsychore h In eius vita i Lib. 3. ca. 2. k