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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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Kings who do not observe the Law of God or hinder those that are observers of it or be persecutors of them and that I may speak in one Word who do not governe according to the Prescript of the Divine Law they do ipso jure lose their Kingdoms and deprive themselves of all Honour Dignity and Power They who list to take in this Dunghill let them reade Joannes Baptista Fichlerus The names and writings of the Anti-monarchians de jure Magistrat offic Subdit fol. 15. Franciscus Fevardentius upon Hester pag. 89. Creswell in Philopat pag. 194. Vindicias contra Tyrannos quest 3. pag. 189. The Tract de jure Magistrat quest 6. pag. 155. 275. Lambertus Danaeus de Politi● Christiana lib. 3. cap. 6. pag. 221. Joannes Althusius in Politicis cap. 14. pag. 146. cap. 15. pag. 195. Whose raging madnesse all true Catholiques do and have detested For The power of Rule is not founded in Grace which neither can Goodnesse conferre nor Wickednesse take away David Paraeus In which case also we must rather dye than unlawfully resist We have the Lacedemonians for an example who when the Conquer●urs commanded those things which were against their Laws and Customs they said If y● command things more harsh than death we will rather dye And Aristotle in his Ethicks doth advise rather to dye than to suffer a Mans selfe to be compel'd to dishonest things lib. 3. cap. 1. Doctor Owen Resistance of the Superiour unlawfull Speak out Man that we may know you Do you beleive there is any lawfull Kind of Resistance for the Inferiour against his Superiour Christ the eternall Law-giver doth simply condemne all unsheathing of the Sword without the order of authority Paul the Interpreter of the Law forbids the Faithfull all resistance Peter the chiefe of the Apostles commands Subjection to every Creature which hath an higher Power where all is spoken properly of Superiours without a difference of good or bad and to all Inferiours indifferently without limitation of either Layity or Clergy of Order Degree or Dignity Parae●● therefore doth ill distinguish here where the Divine Law admits no distinction the Admonitions of Philosophers and Examples of the Heathen may induce to the information of Manners to the explication of Loyalty or confirmation of the Faith they availe nothing in these we have a more firme Word of Prophesie and more famous Examples of Saints Thou shalt not speak evill saith Moses of the Ruler of thy People Exod. 22.28 Touch not mine Anoynted saith David 1 Cron. 16.22 Rise not up against the King Prov. 30.31 Who may say unto the King what dost thou Eccles 8.3 Curse not the King no not in the heart Eccles 10.20 as for Examples David that famous Prophet when he had King Saul guilty of Impiety Tyranny and great wickednesse delivered into his hands yet would he not touch him By which Example he would instruct men that the punishment of Kings is to be committed to God alone and that it is not lawfull for any Man not onely to lift up his hand against the Prince but also to violate that Sacred Majesty Note so much as in Word Elijah did not resist but fly from Ahab that Enemy of Religion neither did he stir up any to Rebellion Isaiah sawn into two by Manasses Jeremiah shut up in Prison Daniel cast to the Lyons the three Children thrown into the hot fiery Furnace Amos struct through the Temples Zacharias overwhelmed with Stones at the Threshold of the Temple Peter Crucified with his Head towards the ground James slain by the Sword Bartholomew beate with Clubbs Matthew and Paul beheaded that I say nothing of the glorious Company of Martyrs who have honoured the Church of Christ by their holy life and propagated the fame by their precious death But what Popular tumult was amongst them Who of them was an Author of Rebellion Which of them put the Inferiour Magistrates in minde of this duty or imployed their ayde by way of Petition or Appeale Which of them did either curse or revile their Persecutors The Christians of ancient Faith would not oppose themselves against the Superiour Power in Defence of the faithfull Brethren They thought it much better that the Just should suffer though unjustly for true Justice sake than that they should offer any violence to the Magistrates under Pretence of feigned Justice though wicked Persecutors David Paraeus By the Example of David refusing to kill Saul a Tyrant when it was in his Power to doe it 1 Sam. 24.26 Doctor Owen When it was in his Power Paraeus That is most properly in a Mans Power which is a Mans Right so that what he doth he doth Lawfully Yea but David might have done it Lawfully saith Bucan loc 49. Sect. 77. yet he would not doe it David the greatest opposers of Anti-monarchians David therefore was herein the worst of Men a Violator of the Publick Peace and true Piety an Enemy of his Country a Neglector of his Friends 〈◊〉 Desertor of his Duty who with one Act and little or no Labour by the Death of the Tyrant whom he might have slaine safely and justly had delivered the Church from error the Commonwealth from Tyranny his Fellow Sufferers from Injury and himselfe from Persecution David wanted many Teachers such as we have at this Day abounding amongst us as well in the Reformed as in the Roman Church who might have admonished him of this duty where there as a private Man yet suffering horrible injury or as an Inferiour Magistrate Invested with the ordinary Authority Of whom I would aske one question Whether or no have the Subjects Private or such as are placed in Magistracy any greater Right or Lawfull power against the King than that which David had against Saul The Authour of that Book called Vindiciae contra Tyran doth affirme That David could doe nothing against Saul for the defect of the Ordinary Power because he was not one of the States of the People whom Paraeus also in this place ranks with the Common People and private Subjects What was he a Man famous in Peace powerfull in Warr Son in Law to the King appointed by God for the Kingdome who went in and out before all the People whom all so dearely loved and above all so much honoured and reverenced And was not he one of the States of the People This one onely Example were there not another to be found in Sacred or Prophane History doth demonstrate by a necessary Consequence That no private Subject or publike Magistrate hath any lawfull Power against the King whom they may either punish with Death thrust out of his Kingdome reduce into Order by violence or deprive of his Dignity David Paraeus Lastly the Arguments brought in the beginning for the negative part do all tend to this and only confirme this Proposition of the duty of Christians who are meerely private Men. Doctor Owen Against these Positions which Paraeus undertook to
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
Electors deprived Winceslaus of the Empire Doctor Owen Done it was I confesse whether done by equity or injury let others determine let him tell us that can What is the Authority of the Imperiall Majesty or what is the Power of the Electorall dignity I am not ashamed to be ignorant who have spent my time in the study of Divine not Politique matters it was do●● also peradventure to the Publique good but is it therefore to be imitated Poyson hath been a Remedy to some which yet the Physicians do not number amongst their wholesome Medicines David Paraeus Lastly Trajanus is praysed in Dion because that delivering the Sword to the Praefect of the Praetorium he said if I command things Just use this for me if unjust against me Doctor Owen Trajanus his Speech to the Tribune of the Souldiers approved Paraeus did not draw the prayse of Trajanus out of the Fountain of Dion but the rivulets of Bucan For Trajanus delivered that Sword not to the Praetorian-Praefect but to the Tribune of the Souldiers The Emperour was indeed worthy of all prayse who freely of his own accord not by any others compulsion did that which was acceptable to God profitable to the Subjects and worthy of an Emperour These and the like favours which Princes vouchsafe of themselves do indeed procure to them the affection and good will of their Subjects but confer upon the People or Inferiour Magistrates no right at all over their Princes David Paraeus Let the judgement also of Luther be seen and of the Divines to the Lawyers of Wittenberge concerning this question and Peter Martyrs Commentaries upon Judges cap. 1. Doctor Owen Luthers ●●inion concerning this question Luther and the Divines do speak not of a King invested with an absolute Power but of Princes admitted upon condition which as well the writings of Luther as Sleidans Relation of Luther do Witnesse Concerning Tyrannicall and Idolatrous Kings thus did Luther both teach and write What therefore was to be done were the Kings to be banished out of their Kingdoms or Forces to be raised against them No. They were not to be obeyed but the greatest extremities to be suffered which the example of Daniel and of his Companions do declare Thus Luther in Thesaur artic loc de Magistratu When the Duke of Saxony and other Princes of the Empire saith Sleidan met together at Smalcaldia to deliberate concerning the undertaking a defence against the hostile violence if by chance any should happen before the League was entered There were admitted to the Councell not only Lawyers but also Divines Luther he alwayes taught that we ought not to resist the Magistrate But when the Lawyers in this deliberation taught that it was permitted by the Law somtimes in some cases to resist and that they declared that then the matter was brought to that case of which the Laws amongst other things makes mention Luther ingenuously profest that he knew not this was lawfull and because the Politicall Laws are not impugned or abolisht by the Gospell he said a League might be entred for a Defence whether Caesar himself or any other in his name should make war against them Hitherto Sleidan concerning the judgement of Luther Neither has the opinion of Peter Martyr any other meaning This manner of dealing with Authors is very ill that what they have writ concerning one kind of Polity should be wrested to another contrary to their Sense and meaning The Third Proposition David Paraeus It is not lawfull for Subjects meerly private without a Lawfull calling to take up Arms either to invade Tyrants before danger or to defend themselves against them in danger or to revenge themselves upon them after danger if they may be defended by the ordinary Power Doctor Owen These are but deceitfull Flatteries framed to the destruction and eversion of Common-wealths I will not repeate the Vanity of that distinction of Subjects into private Subjects and Inferiour Magistrates this hath been sufficiently discust before Whosoever they are of what name or Title soever they be if they be Subjects they ought not to rise up against their Superiours to resist their Lords with Force and Arms or to remove them from their dignity or deprive them of their Honour because there is no Power given by God or granted by Man to the Inferiour against his Superiour How mischievous that pretence of a lawfull calling it The Pretence of a Lawfull Calling opens a gap to all Impiety and all kind of Injustice It will be an easie thing for any Man to pretend this Lawfull Calling and to accuse even the best Prince of Tyranny Corah Dathan and Abiram will not spare Moses Achitophell will be enemy to David Jeroboam a wicked Servant will thrust out the Son of Solomon A Military fury will lay violent hands upon Alexander Severus Yea the Jews have a Law against Christ the King of Kings and according to that Law he ought to dye Grant it Paraeus that it is lawfull to restrain Kings which Reigne Tyrannically and then no Kings by what calling soever will be safe Although they live Holy and governe Justly yet shall they never satisfie Seditious Men. Theordinary power opposeth Divine Law Reason and Nature The Ordinary Power which Paraeus suggests doth oppose the Divine Law Reason and Nature hath the Son any Power over his Father though cruell Have the Servants any Power over their Lord though churlish Hath the Wife any Power over her Husband though unkind and is the condition of a King any whit worse Every Power which is of God saith the Apostle is an ordinate Power but this Power which he calls Ordinary is not Ordinate which subjects the Superiour to the Inferiour the Head to the Body the Lord to the Servant and the King to the Subject The King is Supreame over all if once he admit a Companion or Superiour he is no longer King To this captious Proposition he hath adjoyned some Reasons which I will briefly run over David Paraeus Because this were to take the Sword away from God and a thing not permitted by the Laws Doctor Owen He that takes it away whether he be a Private Subject or Inferiour Magistrate he shall suffer punishment as a Traytor to the Divine and Humane Majesty David Paraeus Because the Subjects are bound to obey a wicked Magistrate whilst they are not compeld to do any thing against God Doctor Owen These Words are not clearly and plainly enough set down which may be understood two wayes First That the Subjects ought not to obey in those things which the Prince shall command against God This I confesse to be true of which there is no controversie in the Church of God Secondly That the People ought not to obey that Prince any longer in any thing when once he shall command any thing obstinately against God Which opinion the Jesuites and Puritans stifly maintain who contend with all the force they may to perswade the Subjects That