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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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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
practises and the Germaines tumults against their said soueraigne Lord. Magnum mundo documentum datum est A great instruction was giuen to the world that no man should rise against his master For the hand of Rodolph beeing cut off shewed a most iust punishment of periurie he feared not to violate his fidelitie sworne to the King and his right hand was punished as if other woundes had not beene sufficient to bring him to his death that by the plague of the rebellious the fault of rebellion might be perceiued thus farre he The sixth Chapter prooveth the same by the testimonie of the Writers from the 12. hundred yeares downeward I Will for conclusion produce Otho Frisingensis Thomas Aquinas Gratianus Philip the faire king of France the Parliament of England in the time of Edward the 1. Vincentius and Aeneas Sylvius that afterward was Pope by the name of Pius Secundus Otho Frising in his epistle dedicatorie before his Chronicle Otho Frisingensis hath an excellent saying in his epistle dedicatorie to Frederick Barbarossa Cum nulla persona mundialis inveniatur quae mundi legibus non subiaceat c. Although no earthly man can be found that is not subiect to the lawes of the world and in respect of subiection liable to correction Kings as it were placed ouer lawes are not restrained by them but reserued to the examination of God according to the words of the King and Prophet Against thee onely haue I sinned Psal 51.5 It becommeth therefore a king both in respect of the noble disposition of his minde and the spirituall illumination of his soule to haue God the king of kings and Lord of lords euer in his minde and by all meanes possible to take heede that he fall not into the hands of God seeing it is as the Apostle saith a fearefull thing to fall into the hands of the liuing God It is more fearefull for kings then for any other because kings haue none but God himselfe aboue them whome they neede feare It shall be so much more horrible for them by how much they may offend more freely then other men So farre Otho Thomas Aquinas Aquin. de regimine prin lib. 1. c. 6. if the tractare de regimene principum be his maketh three sorts of kings Kings by election Kings by subordination and Kings by succession For the first he saith that they which did establish may abolish for the second we must haue our recourse to him that did surrogate the subordinate King as the Iewes did to Caesar against Herod for the last his resolution is Recurrendum esse ad omnium regem deum that we must flie to God the King of all kings in whose onely power it is to mollifie the cruell heart of a tyrant And that men may obtaine this at the hands of God they must cease from sinne for wicked Princes by diuine permission are exalted to punish the sinnes of the people tollenda est igitur ou●pa vt cesset tyrannorum plag● we must therefore remooue our sinnes that God may take away his punishment Thus farre Thomas Gratianus which compiled the decrees is verie peremptorie that the Bishop of Rome ought not to medle with the temporall sword the state of common wealthes or the change of Princes He saith nothing indeede de Regni ordinibus which in his time and a 100. yeares after him neuer dreamed of any such authoritie Cum Petrus qui primus apostolorum à domino fuerat electus materialem gladium exerceret When Peter whom the Lord had first chosen of all the Apostles drewe the materiall sword to defend his Master from the iniuries of the Iewes he was commanded to sheath his sword for all that take the sword Matth. 26.52 shall perish by the sword As if Christ should haue said Hitherto it was lawfull for thee and thine auncestors to persecute Gods enemies with the temporall sword hereafter thou must put vp that sword into his place Caus 23. quest 8. parag 1. and drawe the sword of the spirit which is the word of God to slay the old man whosoeuer beside the Prince and without his authoritie that hath lawfull power and as the Apostle teacheth beareth not the sword in vaine Rom. 13.4 to whom euerie soule must be subiect whosoeuer I say without or beside the Princes authoritie beareth the sword shall perish by the sword Thus farre Gratian. About the yeare a 1300. began a quarrell betweene Boniface 8. and Philippus Pulcher the French king about the collation of benefices prebends and other ecclesiasticall promotions Whereupon the Pope wrote vnto the said king as followeth Boniface Bishop the seruant of Gods seruants to his wel-beloued sonne Philip by Gods grace king of France Greeting and blessing Apostolicall Feare God and keepe his lawe We giue thee to vnderstand that thou art subiect to vs both in spirituall things and temporall and that no gift of benefices or prebends belongeth to thee If thou haue in thy hand any vacant keepe the profits of them to the successors and if thou hast bestowed any we decree the collation voide and recall it how farre soeuer it hath proceeded Whosoeuer beleeueth otherwise we account him a foole Dated at Lateran the fourth of the Calends of December and in the 6. yeare of our Papacie King Philip returned his haughtinesse a correspondent answear viz. Philip by the grace of God King of Fraunce to Boniface bearing himselfe for Pope Philip. Pulcher Salutem modicam siue nullā Sciat tua maxima fatuitas Little health or none at all Let thy great fooleship know that in temporall things we are subiect to no man And that the gifts of prebends and ecclesiasticall promotions made and to be made by vs were and shall be lawfull both in time past and in time to come For such collations belong to vs in the right of our crowne wherefore we will manfully defend the possessours of the said dignities and doe iudge them that thinke otherwise fooles and madmen Giuen at Paris the wednesday after Candlemasse 1301. Questionlesse this King that did so scornefully reiect the Popes chalenge pretended from Christ would little regard the claime of the Nobles deriued but from the people The same busie Boniface of whom some write that he came in like a fox craftely raigned like a lyon cruelly and died like a dogge miserably would take vpon him the decision of a controversie between the Kings of England Scotland and commanded King Edward of England either to cease his claime or to send his procurators to the apostolike sea to shewe his right and to receiue such order from the Pope as iustice and equitie would require The Lords and commons then assembled in Parliament at Lincolne sent Boniface this answear in the kings behalfe Whereas our most dread Lord Edward by the grace of God the Noble King of England caused your letters to be read openly before vs touching certaine occurrents of state betweene him and