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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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that there is a power in ordine ad spiritualia to punish kings denying his hypothesis viz. that the Pope hath such power This beeing granted saith q Res● Dan 〈◊〉 ad ●ella● de pontif lib. 5. cap. 7. pag. 541. Danaeus that Bellarmine contendeth for it doth not followe that the Bishop of Rome or any other Prelate hath temporall iurisdiction ouer that ciuill Christian Magistrate which doth either enact lawes against the spirituall determination or gouerne the Commonwealth contrarie to the spirituall regiment of the Church We confesse those lawes and that gouernement should be reformed but it ought to be done by the publike assembly by the Parliament of the kingdome or by the Peeres themselues of the whole kingdome Yea in case the king deserue to be deposed the Pope and other Bishops or Priests haue no right to dethrone him * Neither batell better hering Verùm id fieri debet r Idem ibidem pag. 517. à concilio publico à Parliamento regni vel ab ipsis regni ordinibus but that ought to be done by the publike Councell the Parliament of the kingdome or by the Estates of the land Haec ille Thus farre my good Lord they agree in substance touching the punishment and depriuation of Kings though they vary in this point of circumstance whether the Pope the Peeres or the people shall punish or depose them As concerning the third opinion which is for the excommunication of Kings all Presbyteries which are the tribunall seates of Iesus Christ as Beza saith in his book against Erastus do chalenge right and power Theodorus Beza pag. 116. Guli l ●eppetus Discipl Eccl si as Christs immediate Commissaries in earth to excommunicate the chiefe Christian Magistrates as may appeare by these places viz. Beza de Presbyterio pag. 115. Thomas Cartwright Lamb. Danaeu● Gellius Sneca● Thomas Cartwright in his last reply pag. 65. Lambertus Danaeus in his Christian Policy lib. 3. pag. 232. Gellius Snecanus in his booke of discipline pag. 456. Gali●l B●●● Herm Re●●● William Bucanus in his common places of Diuinitie pag. 582. Hermanus Renecherus in his obseruation vpon the first Psalme pag 68. The counter p●●son The humble petition The defence of 〈…〉 The counterpoyson pag. 175. The humble petition to the late Queene pag. 55. And the defence of discipline against M. Bridges pag. 127. And this power haue they put in practise to the glorie of Sion against diuerse kings in the Christian world as the said disciplinarian * pag. ●●8 Champion boasteth in more then insolent manner Consider honourable Lord whether any King may thinke his state secure where euery offence though but suspected doth procure a citation euerie citation doth inforce apparence euery apparence doth vrge confession or inioyne purgation and the least contempt doth breed a contumacie to drawe the greatest censure These Parish-popes shall neuer be able to shewe any record in the sanctuarie or practise of Prelates for a thousand yeares after Christ to warrant this Puritan-popish manner of proceeding against Princes I like well of the opinion in Iohn de Parisijs ſ De potest reg papal cap. 13. Euerie Minister of God must rather submit his life to the Princes pleasure thē admit him to the Sacrament that sheweth manifest tokens of impietie or infidelitie but the Puritans speake not of the Church ministerie but of their Lordly consistorie at the Papists due of the Popes court whom not God but the Deuill and Antich ist hath exalted ouer Kings concerning the power of the Keyes Non quilibet peccator c. Euery offender neither is nor ought to be subiect to the power of the keyes and Ecclesiasticall iurisdiction but the sinner which is subiect thereto And therefore the said power hath no effect except against them that are subiect vnto it which subiection maketh a man fit matter whereupon the power of the keyes hath his effectuall operation Haec ille The politique Puritans meddle not with this dangerous question of Deposing and Killing of Kings but stand aloofe to giue ayme while other desperat archers shoote that if they misse they may step aside to saue themselues or in case the marke be hit they may step in to part the stakes I accuse not without cause M. Beza beeing seriously consulted by some brethern of England whether inferiour officers might not lawfully arme themselues against him who beeing lawfully confirmed Magistrate doth take away the priuiledges and infringe the liberties which he hath sworne to performe to the subiects or doth oppresse them with manifest tyrannie c. returned this fectlesse answer u Beza epist 24. cogitmur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 We must demurre vpon this point not onely because it is dangerous specially in our time to set open such a window but also for that we may not determine the state of this question simply as you propound it but vpon consideration of many most waightie circumstances x Iraque in hoc Aphrorismo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And therefore for the present we deferre our answer to your demaund Thus Beza demurred at Geneua in communi fratrum ex verbe agro collectorum caetu in the common assembly of the Brethren out of the Citie and Suburbes 25. Iunij Anno Domini 1568. the very yeare before Morton the Popes Nuncio came to England to stirre vp the Peeres of the North against our late Queene for pretended heresie and tyrannie While the proposition was demurred at Geneva the Assumption was framed at Rome and the conclusion practised by traytors in England could not Beza answer why did he not confesse it or if he could why doth he dissemble it It is truth without colour that must direct the conscience and settle the simple desirous to be resolued Dissimulation is but dawbing with vntempered morter ad perdendos homines in sermone mendacij to bring men to destruction with the words of lying and a verie readie way to bring religion to scandale Princes to iealousie and male-contented men to mutinie I haue endeuoured according to my mediocritie of learning to set downe the iudgement of the Church of God in all the former ages concerning the Authoritie of Kings and the Dutie of subiects that the late learning of Papist and Puritane compared with the old doctrine of ancient Orthodoxals may appeare to be as new as it is naught which I offer to your Honourable protection aswell in respect of your dutie to God as of my seruice to your Lordship Your dutie to God for he that hath made you his instrument of honour to saue the Kings life doth require at your hands the maintenance of the Kings right And seeing it hath pleased you to admit me into the number of your servants I hope you will fauourably accept of this my seruice wherein I doe my best endeauour to make vp the gappe against Schisme in the Church and sedition in the State The great God and King
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
faults and licentiousnes of kings saith Mariana whether they raigne by consent of the people de regis in●●● lib. 1. c. 6. or right of inheritance are to be borne and endured so long as the laws of shamefastnes and honestie whereto all men be bound are not violated for Princes should not rashly be disturbed least the commonwealth fall into greater miserie and calamitie But if the Prince make hauock of the commonwealth and expose the priuate fortunes of his subiects for a pray to other men if he despise law contemne religion this course must be taken against him Let him be admonished and recalled to his dutie if he repent satisfie the Wealepublike and amend his faults there ought as I thinke to be no further proceeding against him But if there be no hope of his amendment the commonwealth may take away his kingdome And because that cannot be done in all likelihoode without warre they may leuie power brandish their blades against their king and exact money of the people for the maintenance of their warre for when there is no other helpe the Peeres of the common wealth hauing proclaimed their king a publike enemy may take away his life Thus farre Mariana The Statesmen of the Kingdome saith Franciscus Fevardentius haue a soueraigne power ouer their Kings In Hester c. 1. pag. 88. for Kings are not absolutely established but stand bound to obserue lawes conditions and compacts to their subiects the which if they violate they are no lawfull Kings but theeues and tyrants punishable by the states Thus farre Feuardentius Inferiour Magistrates saith Iohannes Baptista Ficklerus are the defenders and protectours of the lawes and rightes of the state de iure magist fol. 18. and haue authoritie if need require to correct and punish the supreame King So farre Ficklerus An English fugitiue which was the author of the booke de iusta abdicatione Henrici Tertij affirmeth That all the Maiestie of the kingdome is in the assembly of Statesmen to whom it belongeth to make couenants with God to dispose of the affaires of the kingdome to appoint matters pertaining to warre and peace l b 3. cap 8. to bridle the kingly power and to settle all things that belong to publique gouernment So farre he part 1 c. 4. pag 72. And the most seditious Doleman saith that all humane lawe and order naturall Nationall and positiue doth teach that the commonwealth which gaue Kings their authoritie for the common good may restraine or take the same from them if they abuse it to the common ill so farre Doleman and of this opinion are many other as may appeare by D. Morton by whom they are discouered and refuted How farre this gangrene will extend I knowe not The kings of Christendome are daily crucified as Christ their Lord was betweene two theeues I meane the Papist and Puritan which haue prepared this deadly poyson for Princes whom they in their owne irreligious and traiterous hearts shall condemne for tyrannie I hope neither Peeres nor people will be so fond to beleeue them or wicked to followe them which pretend the reformation of religion and defend the subuersion of Christian states If inferiour officers or the publike assembly of all States will claime this power it standeth them vpon as they wil avoid euerlasting damnation not to deriue a title from Rome Lacedemon or Athens as Calvin doth whom the rest followe but from the hill of Sion and to plead their interest from the law or the gospell August in quest mixt Si mandatum non est praesumptio est ad paenam proficiet non ad praemium quia ad contumeliam pertinet conditoris vt contempto Domino colantur servi spreto Imperatore adorentur Comites If their opposition against Kings be not commanded of God it is presumption against God for it is a contumely against God the creator of all states to despise Lords and honour seruants to contemne the soueraigne Emperour and to reuerence the Peeres of the Empire So farre Augustine My sonne saith Salomon feare God and the King and meddle not with the seditious Prou. 24.21 for their destruction shall come sodainly and who knoweth the end of them The conclusion of all is That Kings haue supreame and absolute authoritie vnder God on earth not because all things are subiect to their pleasure which were plaine tyrannie not Christian soueraigntie but because all persons within their dominions stand bound in lawe allegiance and conscience to obey their pleasure or to abide their punishment And Kings themselues are no way subiect to the controwle censure or punishment of any earthly man but reserued by speciall prerogatiue to the most fearefull and righteous iudgement of God with whome there is no respect of persons He whose seruants they are will beate them with a rod of iron and breake them in peeces like a potters vessell if they abuse that great and soueraigne power which God hath endued them withall to support error to suppresse truth and to oppresse the innocent God of his great mercie graunt vs the spirit of truth to direct vs in all loyaltie that we beeing not seduced by these seditious Sectaries may growe in grace stand fast in obedience embrace loue follow peace and encrease more and more in the knowledge of our Lord Iesus Christ To whom be all praise power and dominion now and for euer Amen FINIS