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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
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
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