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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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God must reprooue Dauid i 2. Sam. 12.7 that he may repent and be saued And the Sages Iudges and Nobles without feare or flatterie must aduise and direct Roboam k 1. Reg 12.7 Other attempts against Kings the King of Kings hath neither commanded in his law nor permitted in his Gospel Apolog. Dauid cap. 10. Dauid saith Ambrose nullis legibus tenebatur c. Dauid though he were an adulterer and an homicide was tied to no law for Kings are free from bonds and can by no compulsion of law be drawne to punishment beeing freed by the power of gouernment Thus farre Ambr. Saul the first King of Israel was rather a monster then a man after the spirit of God had forsaken him and the euill spirit was come vpon him m 1. Sam 16.14 There were not many sinnes against God Man or Nature wherein he transgressed not yet his excesse was punished neither by the Sacerdotall Synod nor the secular Senate Who can lay his hand on the Lords Annointed and be guiltlesse n 1. Sam. 16.9 The very Annointment was the cause of Sauls immunitie from all humane coercion as Augustine affirmeth Aug. contr lit Petil. l. 2. 148. Quero sinon habebat Saul sacramenti sanctitatem quid ineo Dauid venerabatur If Saul had not the holinesse of the Sacrament I aske what it was that Dauid reuerenced in him he honoured Saul for the sacred and holy vnction while he liued and reuenged his death Yea he was troubled and trembled at the heart because he had cut off a lappe of Sauls garment Loe Saul had no innocencie and yet he had holinesse not of life but of vnction So farre Augustine Who questioned Dauid for his murther and adulterie who censured Salomon for his idolatrie though their crimes were capitall by the law of God After that kingdome was diuided all the Kings of Israel and most of the Kings of Iudah were notorious idolaters yet during those kingdomes which endured aboue 200. yeares no Priest did chalenge no States-men did claime power from the highest to punish or depose their Princes And the Prophets perswaded all men to obey and endure those idolatrous Princes whose impietie they reprooued with the losse of their liues Christ fled when the people would haue made him a King a Ioh. 6.15 He paied tribute for himselfe and Peter b Matth. 17.27 When the question was propounded concerning the Emperours subsidie he concluded for Caesar c Matth. 22.21 And standing to receiue the iudgement of death before Pilate he acknowledged his power to be of God d Ioh. 19.11 This Sauiour of Mankind whose actions should be our instruction did neuer attempt to change that gouernment or to displace those gouernours which were directly repugnant to the scope of reformation that he aymed at Iohn Baptist did indeede reprooue king Herod with a Non licet e Mark 6.18 but he taught not the souldiers to leaue his seruice or by strife and impatience to wind themselues out of the band of allegiance wherein the law had left them and the Gospel found them f Luk. 3.14 The Apostles deliuered vnto the Church the doctrine of obedience and patience which they had learned by the precept and obserued by the practise of our Lord Christ Peter commandeth obedience to all manner of men in authoritie g 1. Pet. 2.13 Paul forbiddeth resistance against any power h Rom. 23.1 2 3 4. And S. Iude maketh it blasphemie to reuile gouernment or to speak euill of gouernours i Iude ● If therefore an Angel from heauen preach otherwise then they haue deliuered let him be accursed k Gal. 1.8 The second Chapter prooueth the same by the Fathers of the first 300. yeares THe true Church which had the spirit of vnderstanding to discerne the voice of Christ from the voice of a stranger neuer taught neuer practised neuer vsed or approoued other weapons then salt teares and humble praiers against the Paganisme heresie apostacie and tyrannie of earthly Kings Iustinus Martyr Tertullian and Cyprian shall beare witnesse for 300. yeares wherein the Kings and Potentates of the earth bathed themselues in the blood of innocents and professed enmitie against Christ and his seruants Ad inquisitionem vestram Christianos nos esse profitemur c. At your inquisition we professe our selues to be Christians though we knowe death to be the guerdon of our profession saith Iustine Martyr to the Emperour Antoninus ●ccund Apolog ad Ant. Imp. p. 113. did we expect an earthly kingdome we would denie our religion that escaping death we might in time attaine our expectation But we feare not persecution which haue not our hope fixed on the things of this life because we are certainly perswaded that we must die As for the preseruation of publique peace we Christians yeeld to you O Emperour more helpe and assistance then any other men For we teach that no euill doer no couetous man nor seditious that lieth in wait for blood can haue accesse to God And that euerie man doth passe to life or death according to the merit of his deeds Thus farre he Tertull. lib. ●● Scap. We saith Tertullian to Scapula the Viceroy of Carthage are defamed for seditious against the Imperial Maiestie Yet were the Christians neuer found to be Albinians Nigrians or Cassians Albinus Niger and Cassius were traytors against Marcus Antonius Commodus Pertinax and Seuerus the Emperours but they that sware by the Emperours dietie the very day before they that vowed and offred sacrifice for the Emperours health are found to be the Emperors enemies A Christian is enemie to no man much lesse to the Emperour knowing that the Emperiall maiestie is ordained of God and therefore necessarily to be loued reuerenced and honoured whose prosperitie together with the welfare of all the Romane Empire they desire so long as the world standeth We doe therefore honour the Emperour in such sort as is lawfull for vs and expedient for him we reuerence him as a mortall man next vnto God of whom he holdeth all his authoritie onely subiect to God and so we make him soueraigne ouer all in that we make him subiect but to God alone So farre Tertullian S. Cyprian sheweth many good reasons for the patience of the Saints in his booke against Demetrianus God saith he is the reuenger of his servants when they are annoied Wherefore no Christian when he is apprehended doth resist or revenge himselfe against your vniust violence though the number of our people be very great The confidence we haue that God will reward doth confirme our patience the guiltlesse giue way to the guilty the innocent rest content with their vndeserued punishment and tortures beeing certainely assured that the wrong done to vs shall not be vnrewarded The more iniurie we suffer the more iust and grieuous shall Gods vengeance be on them that persecute vs. It is therefore cleare and manifest that the plagues
not to die we entreat your clemencie Oh it was seemely for Christian souldiers to desire the tranquilitie of peace and faith and to be constant in truth euen vnto death Thus farre Ambrose S. Augustine relateth the same of the Christian souldiers vnder Iulian the Apostata-Emperour Iulianus extitit imperator infidelis Iulian was an vnbeleeuing Emperour was he not an Apostata an oppressor and an Idolater Christian souldiers serued that vnbeleeuing Emperour When they came to the cause of Christ they would acknowledge no Lord but him that was in heauen when they were commanded to adore Idoles and to offer sacrifice they preferred God before their Prince But when he called vpon them to warre bad them inuade any nation they presently obeyed They did distinguish their eternall Lord from the temporall king yet they submitted themselues to their temporal Lord for his sake that was their eternall king August in Psal 124. So farre he Optatus Milevitanus is another pregnant witnesse Cum super Imperatorem nemo sit nisi solus Deus Seeing there is no man aboue the Emperour beside God alone which made the Emperour Donatus by advancing himselfe aboue the Emperour De schism Donatist l. 3. doth exceede the bounds of humanitie and maketh himselfe a God rather then man in that he feareth and reuerenceth him not whom all men should honour next after God So farre Optat. Com. in evang Ioh. l. 12. c. 36. Saint Cyril is of the same iudgement Cui legis preuaericatores liberare licet nisi legis ipsius authori Who can acquit them that breake the law from transgression beside the law-giuer as we see by experience in all humane states no man can without danger breake the law but kings themselues in whom the crime of preuarication hath no place For it was wisely said of one that it is a wicked presumption to say to a king Thou doest amisse So farre he In 1. epist ad Timoth c. 2. ● 1. And also Saint Chrisostome What meaneth the Apostle saith he to require prayers and supplications inintercessions and thanksgiuing to be made for all men he requireth this to be done in the daily seruice of the Church and the perpetuall rite of diuine religion For all the faithfull do knowe in what manner prayers are powred out before the Lord morning and euening for all the world euen for kings and euery man in authoritie Some man will peradventure say that for all must be vnderstood of all the faithfull Which cannot be the Apostles meaning as may appeare by the words following viz. for Kings seeing that kings neither did then nor in many ages after serue the liuing God but continued obstinately in infidelitie which by course of succession they had receiued Thus farre Chrysost Our Moderne reformers teach vs that which Paul and Chrysostome neither knewe nor beleeued See the preface before Basilic Dor. that wicked Princes are not to be prayed for but to be resisted c. When the faction of Eutiches had preuailed against the Catholikes Leo the first had no other remedie then prayers to God sighes teares and petitions to the Emperour Omnes partium nostrarum ecclesiae c. Epistol 24. ad Theodos Imperat. All the Churches of these parts all we Priests euen with sighs and teares beseech your Maiestie to command a generall Synode to be held in Italie that all offences beeing remooued there may remaine neither error in faith nor diuision in loue Fauour the catholiques grant libertie to protect the faith against heretiques defend the state of the Church from ruine that Christ his right-hand may support your Empire Thus farre Leo. When Gregorie the great was accused for the murther of a Bishop in prison he wrote to one Sabinianus to cleare him to the Emperour and Empresse Breuiter suggeras serenissimis dominis meis Epist l. 7. epist 1. You may briefly enforme my soueraigne Lord and Ladie that if I their seruant would haue busied my selfe with the death of the Lombards that nation would by this time haue had neither Kings nor Dukes nor Earles should haue bin in great confusion and diuision but because I stood in awe of God I was euer afraid to meddle with the shedding of any mans blood so farre Gregorie These Lombards were Pagans invaders of the countrey ransackers of the citie persecutors of the Saints robbers of the Church oppressors of the poore whom Gregorie the first might and would not destroy quia deum timuit because he feared God It is verie like that his successor Gregorie the seauenth feared neither God nor man when he erected the papall croisier against the regall scepter and read the sentence of depriuation against the Emperour Henrie Ego authoritate apostolica c. I by my power apostolicall doe bereaue Henrie of the Germaine kingdom and do depriue him of all subiection of Christian men absoluing all men from the allegiance which they haue sworne vnto him And that Rodolph whom the Peeres of the Empire haue elected may gouerne the kingdome I grant all men that shall serue him against the Emperor forgiuenesse of their sinnes in this life and in the life to come Carol. Sigon de Regno Ital lib. 9. in vita Hen. 3. As I haue for his pride deiected Henrie from the royall dignitie so I doe exalt Rodolph for his humilitie to that place of authoritie Thus farre Gregor 7. Benno Card in vit Greg. 7 It is no wonder that Gregorie his chaire claue a sunder as some writers affirme at the giuing of this sentence because the proud Pope and his wicked sentence were too heauie a burthen for Peters stoole of humilitie to beare The fourth Chapter prooveth the Immunitie of Kings by the Fathers of the third 300. yeares AFter the death of Gregorie the great which was about the yeare of our Lord 604. Sabinianus did succeede him who liued but one yeare after whome came Boniface the 3. which obtained of Phocas to be called Vniversall Bishop since that time perijt virtus Imperatorum pietas Pontificum the Emperours waxed weake and the Bishops wicked What the iudgemēt of those Fathers then was concerning subiection to wicked Kings I will make euident by the testimonie of Gregorius Turonensis Isidorus Damascenus Beda Fulgentius Leo 4. and the Fathers assembled in a Councell at Toledo in Spaine Gregorie Turonensis acknowledgeth such an absolute power in Childericke a most wicked king of France as was free from all controll of man 〈…〉 lib 5. cap. 1. Si quis de nobis Rex iustitiae limites transcendere voluerit c. If any one of vs O King doe passe the bounds of iustice you haue power to correct him but if you exceede your limit who shall chastice you We may speake vnto you if you list not to harken who can condemne you but that Great God who hath pronounced himselfe to be righteousnes hactenus ille Isidorus saith no lesse for the immunitie of the
Kings of Spaine Let all earthly Princes know that they shall giue account of the Church which Christ hath committed to their protection Yea whether the peace and discipline Ecclesiasticall be aduanced by faithfull Kings or dissolued by the vnfaithfull he will require a reckoning at their hands which hath left his Church in their power So farre Isidor Iohn Damascene pleadeth not onely for the exemption of wicked kings themselues but also of their Deputies Parallel lib. 1. c. 21. The gouernours saith he which Kings create though they be wicked though they be theeues though they be vniust or otherwise tainted with any crime must be regarded We may not contemne them for their impietie but must reuerence them because of their authoritie by whome they were appointed our gouernours So farre he Fulgentius saith that no kinde of sedition can stand with religion Cum pro nostra fide libere respondemus c. When we answer freely for our profession we ought not to be taxed with the least suspition of disobedience or contumely seeing we are not vnmindfull of the Regall dignitie and doe know that we must feare God and honour the King according to the doctrine of the Apostle ●ulgent ad Thrasim reg Giue to each one his due feare to whome feare honour to whome honour appertaineth Of the which feare and honour S. Peter hath deliuered vnto vs the manifest knowledge 1. Pet. 2.17 saying As the seruants of God honour all men loue brotherly fellowship feare God honour the King Thus farre Fulgent Our countrie man Beda for his great learning called Venerable is of the same minde Dauid saith he for two causes spared Saul lib. 4. exposit in Samuel who had persecuted him most malitiously First for that he was his Lord annointed with holy oile 1. Sam. 24. ● And secondly to instruct vs by morall precepts that we ought not to strike our gouernours though they vniustly oppresse vs with the sword of our lips nor presume slanderously to teare the hemme of their superfluous actions So farre he Leo the fourth about the yeare 846. agnised all subiection to Lotharius the Emperour I doe professe and promise saith Leo to obserue and keepe vnuiolably Cap. de capitulis dist 15. as much as lieth in me for the time present and to come your imperiall ordinances and commandements together with the decrees of your Bishops my predecessors If any man informe your Maiestie otherwise know certainely that he is a lier So farrre Leo. The Bishops of Spaine assembled in a nationall councell at Toledo made this decree against periurie and treason Quicunque amodo ex nobis Concill Tol. 5. Canon 2 circa annum Dom. 636. Whosoeuer among vs shall from this time forward violate the oath which he hath taken for the safegard of this countrie the state of the Gothish nation the preseruation of the Kings Maiestie whosoeuer shall attempt the Kings death or deposition whosoeuer shall by tyrannicall presumption aspire to the regall throne let him be accursed before the holy spirit before the blessed Saints let him be cast out of the catholique Church which he hath polluted by periurie let him haue no communion with Christian men nor portion with the iust but let him be condemned with the deuill and his angels eternally together with his complices that they may be tied in the bond of damnation which were ioyned in the societie of sedition Thus farre the fathers in that Synod I conclude therfore with these learned Fathers that it is not for the people otherwise then with humilitie and obedience to controll the actions of their gouernours but their dutie is onely to call vpon the God of heauen and so submit themselues to his mercie by whose ordinance the scepter is fallen into his hand and power that enioyeth the crowne whether he be good or bad A right of deposing must be either in him that hath an higher power which is onely God or in him that hath better right to the crowne which the Pope cannot haue because he is a straunger nor the Peeres or people because they are subiects Be the king for his religion impious for his gouernment vniust for his life licentious the subiect must endure him the Bishop must reprooue him the counsellor must aduise him all must praie for him and no mortall man hath authoritie to disturbe or displace him as may euidently be seene by the chapter following The fifth chapter confirmeth this Doctrine by the fathers of the fourth 300 yeares IN this age of the Church the Popes exalted themselues aboue all that is called god vpon priuate displeasures and quarrels did curse and ban Princes incensing their neighbour-nations and perswading their owne subiects to make warre against them as if Christ had ordeyned his Sacraments not to be seales of grace and helpes of our faith but hookes to catch kingdoms and rods to scourge such Potentates as would not or could not procure the Popes fauour How farre these Popish practises did displease the godly and learned I will shew by S. Bernard Walthramus Bishop of Nanumberg the epistle Apolegeticall of the Church of Leige against Paschalis the Pope and the author of Henrie the fourth his life S. Bernard in one of his sermons vpon the words of Christ I am the vine commendeth the answer of a certaine King Bene quidam rex cum percussus humana sagitta c. It was well said of a King when he was shot into the bodie with an arrowe and they that were about him desired him to be bound vntill the arrowes head weare cut out for that the least motion of his bodie would endanger his life no quoth he it doth not beseeme a King to be bound let the kings power be euer safe and at libertie And the same father in an epistle to Ludovicus Crassus the king of France teacheth subiects how to rebell and fight against their Princes Quicquid vobis de regno vestro de anima corona vestra facere placuerit Been epist 221. Whatsoeuer you please to doe with your kingdome your soule or your crowne we that are the children of the Church cannot endure or dissemble the iniuries contempt and conculcation of our mother Questionlesse we will stand and fight euen vnto death in our mothers behalfe and vse such weapons as we may lawfully I mean not swords and speares but praiers and teares to God When Gregorie the 7. had deposed Henrie the 4. he gaue away the Empire to one Rodolphus duke of Saxonie that was a sworne subiect to that distressed Emperour which Rodolph in a battaile against his soueraigne Lord lost his right-hand and gained a deadly wound After his death the Pope made one Hermanus king of Germanie who enioyed his kingdome but a little time for he was slaine with a stone which a woman threwe vpon him from a turret as he made an assault in sport against his owne castle to trie the valour of his
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