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

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

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

wickednesse with whose helpe he being assisted he cannot forcibly be reduced unto order without bloody Slaughters and the publike Calamity But a Kingdome never becomes so miserable under that King though most cruell as for the most part it happens to be in a civill Warre Gods providence in the order of Superiority So that God seems in nothing more to have provided for the publike good than by setting the Superiour above the Inferiour and subjecting the Inferiour to the Superiour that no man presume to rise up against the King whom God hath placed above all and being so placed he hath not left to humane Tryall but reserved to his divine Judgement He blasphemes therefore against Heaven who attempts evil in heart mouth or hand against a Tyrant justly possest of his Kingdome And thus farre concerning the Propositions of Paraeus and the Reasons of them not good and well applyed Reasons but weake and frivolous framed to the deceiving of the People and ruining of Kings and their Kingdomes I will now returne to the confirming the truth of my Assertion concerning the absolute power of Kings Those men agree well amongst themselves concerning the thing it is concerning the manner that Bellarmino Danaeus and Paraeus do contend neither may we see the contrary in the rest of the Followers of both Sects I insist onely upon these three because they are of so great note amongst their followers that none of the Papists will contradict Bellarmino none of the Puritans gainsay Danaeus and Paraeus Know these and know all The first Reason of the absolute power of Kings from the Dictate of Nature Nature it selfe doth oppose this Puritan-Papisticall Tenet from which fountain the Authority of Rule the Necessity of Obedience the Honesty of Life the filthinesse and punishment of Vice the goodnesse and reward of Vertue do streame forth And those Wise Men whose Prudence in making Laws Antiquity so much admires discerning good from evill just from unjust honest from dishonest have published most wholesome Laws Whence Basil the great The Princes of the whole Earth are sacred even for the propriety of nature it selfe to good who her selfe bestows this Empery upon them in psal 44. In this saith Cyprian whole Nature doth agree there is one King to the Bees one Captaine among the Flocks one Governour among the Herds de vanitate Idol St Ambrose lib. 6. cap. 21. concerning the works of the six Dayes he observes an admirable dispensation of Nature in the hives of Bees Bees defend their Kings with the chiefest protection they think it honourable to dye for the King the King being insafety they alter not their judgement they change not their mind the King being lost they forsake their faith of keeping their offices because he who had the principallity is slaine The same hath Hierome lib. 1 epist 3. Let him that fights against Monarchs goe to the Bees let him consider their wayes that he may learne to feare God and honour the King From the dictate of Nature I hasten to the Law of Nations the Lawyers call that the Law of Nations which is equally observed by all Nations Whence Augustine It is a generall covenant of humane society to obey their Kings confess lib. 3. cap. 8. The second Reason of the immunity of Kings from the Law of Nations Although the Acts of Ancient Kings for a great part of them are lost by the injurie of the Times or sloth of Men yet from them that are extant in the Reliques of Historyes it will evidently appear both that all Nations have obeyed their Kings and that all Kings have excercised an absolute Authority circumscribed with no bounds of conditions Let the Annalls of all Nations be turned over it shall no where be found that such a bridle is cast over Kings that they must submit their scepters to the will of the People or that they should receive from the Nobles a Law to moderate their Royall Jurisdiction Which thing Cicero hath observ'd in his oration for King Deiotarus before Caesar most expert in the Law and History ' s. It is so unusuall a thing saith the Oratour for a King to be guilty of a capitall crime that before this time it was never heard of Artabanus also Vice-Roy of Persia not without a Jeere deriding the lightnesse of the Graecians mocked Themistocles You Grecians saith he care for nothing more than Liberty and Equallity but we Persians do think it most excellent and most sacred of all things to give Honour and Reverence to the King as to the Image of the living God who rules and governs this whole World What Artabanus delivered by the instinct of Nature Augustine and others of the Ancients delivered by the inspiration of the Holy Ghost whose sayings produced in their place will have the more Weight That which those Politicall Divines do so often repeate concerning the Lacedemonians Athenians and Romans is a meere dreame After that Theopompus the last King of the Spartans had joyned to his Sonne and his future Successors the Ephori the name of King became an empty Title amongst the Lacedemonians having altogether lost the authority which before Theopompus all the Kings had absolute and most free The Athenians after that they ceased to be under Kings they endured no kind of Government long being impatient of the present and desirous of new at length they were ruined by an Anarchy The People of Rome bewiched with the sweetnesse of liberty after the example of the Graecians they changed their Kingdome into a Democracy and established a Law never to reduce their Kings But by their forraigne Warres and civill Discords they learnt at last that there was no Remedy for their decaying Country but to be governed by one Therefore they created a dictator of a free Power and Rule free from giving any account of his Words and Actions from whom there should be no appeale and to whom was permitted to imprison punish with bonds or death any man of the Nobles or of the Patrician Order the cause not declared What the Puritans have devised concerning the States of the Kingdom in England France and Scotland I dare not call them old wives fables since that they are shamful lyes so lately broached For how great the Power and how sacred the Majesty of our Kings is I had rather draw from the full fountain of the ancient Parliaments of this Kingdom and of men most expert in the Laws of England living in former ages then from the muddy standing pooles of Modern Politicks There is in Thomas de Walsingham an Epistle in the name of the whole Kingdome from the Parliament held at Lincolne about the Yeare 1301. inscribed to the Romane Bishop wherein the Lords Spirituall and Temporall with all the Commons doe speake to the Bishop concerning the preheminence of the King of England in these words following We know most holy Father and it is a thing notorius from the first institution of the Kingdome of England as

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