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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

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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
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
was feigned and therefore spoken to flatter the King I will adde the opinions of others the most learned of that age who lived under the Crosse of Persecution who wrote in the troublesome time of Banishment and who suffered most cruell Death for the Truth of Christ William Tyndall an Exile for Religions sake and Martyr under Charles the fifth put forth a Booke concerning a Christian mans obedience in the nineteenth yeare of Henry the eight's Reigne when the Cardinall a Butchers Sonne led away the Lambs of Christ by flocks to the Slaughter in which he describes the authority of the King and the duty of Subjects according to the rule of the Gospell David saith Tyndall spared Saul if he had slayne him he had sinned against God In every Kingdome the King who hath no Superiour judgeth of all He that attempts any mischiefe to the Prince being a Tyrant or Persecutor or with a stubborne hand toucheth the Lords anoynted is a Rebell against God and resists Gods Ordinance As often as a private man offends he is held guilty to the King when the King offends he ought to be reserv'd to the tryall and vengeance of God And as it is not lawfull to resist the King upon any pretence whatsoever so is it not lawfull to rise up against the Magistrate who is sent by the King to execute those things which are commanded by the King Thus he Robert Barnes condemned to the fire in the year 1541. in a Tract concerning humane constitutions he prescribes the best forme of obedience to Subjects living under wicked Princes If the King saith he endeavouring to root out the faith of Christ shall forbid the hearing of the Word or receiving of the Sacraments under the penalty of some great Fine or danger of Death God is to be called upon with faithfull prayers the King petitioned with humble supplications that he will be pleased to revoke his decree if he will not doe it it becommeth a loyall Subject to cleave to the Truth and patiently to bear the violence offer'd by the King He that cannot fly a raging Persecutor let him patiently suffer the losse of goods the tearing of his members yea a Christian ought to suffer most cruell death for the truth according to the example of Christ whosoever shall rebell for Religions sake shall be guilty of eternall damnation Thus Barnes They who in the Reigne of Queene Mary renounced Popery refused to believe the breaden God were constrained to undergo the most exquisite kinds of torments after many Calamities Miseries Chains Fetters Hunger Thirst Cold and other Punishments great without measure many without number being condemned to the Flames they offered up their holy Soules an acceptable Sacrifice to God of whom not any man either in his fore-spent life or brought to the place of punishment being now laying down his life did contemne the royall Majesty though so cruell No man cursed the Queen destroying her People the Church of God contrary to her publicke protestation no man was found who refused obedience yea no man who did not humbly pray for her So the Men of God and dutifull Subjects by leaving to posterity a famous example of obedience and patience by leading an innocent life free from sedition they sealed with one and the same blood the duty of Allegiance and the purity of their faith We have not now place to speak of the Protestants under Ferdinand Maximilian and Radolphus Emperours of Germany and under Elizabeth of blessed memory Queen of England God I hope will grant an opportunity I cannot passe by one anoynted by the Lord with the oyle of saving Grace and singular Knowledge above his fellows the pillar of the Church the prop of the Common-wealth a most expert Champion of Christ against Anti-Christ and the new Arrians a most invincible Warriour in the cause of Kings against the Papall Tyranny the Cardinall impostures and Puritannicall seditions the restorer of the Episcopall Dignity and most eager opposer of the Presbyteriall Anarchy the Defendor of the Catholick Faith the truly peaceable King in his golden treatise concerning the true Law of free Monarchy pag. 48. The wickednesse of him that ruleth ought not to subject the Ruler to them over whom God hath appointed him to be Judge if it be not lawfull for a private man to prosecute an injurie against a private Adversary seeing God hath committed the sword of Vengeance to the Magistrate alone how much lesse dost thou think it lawfull either for all the people in generall or some in partiticular to usurpe the sword to which they have no right against the publicke Magistrate to whom alone it is committed Thus the most royall King Seeing the Papall and Tribunitian power is contrary to Nature is disalowed by the Law of Nations the Civill and Cannon law seeing it can find neither foundation in the Word of God nor patronage from the Ancient Fathers nor entertainement with the most learned of the Protestants but is rejected antiquated and exploded by all with one mouth I confidently aver that it is the meer devise of Papists and Puritans seditious men odious to God injurious to Kings devised to the ruine of the Common-wealth and destruction of Religion Therefore I conclude according to the Dictate of Nature the Law of Nations the Civill and Canon Law the sacred Scriptures the Orthodox Fathers and most Famous Doctors of the Reformed Church It is not lawfull to resist the King violating the Fundamentall Laws of the Kingdome 1. Pet. 2.17 Feare God Honour the King FINIS