the King of Scotland we did not a little marvaile at the contents thereof so strange and wonderfull as the like hath neuer beene heard of We knowe most holy father and it is well knowne in this realme and also to other nations that the King of England ought not to make answer for his right before any iudge ecclesiasticall or secular by reason of the free estate of his royall dignitie and custome Parliament at Lincolne quoted by M. Beken-shaw without breach at all times vnviolably obserued Wherefore after treatie had and diligent deliberation this was our resolution that our said king ought not to answer in iudgement nor send procurators or messeÌ„gers to your court seeing that tendeth manifestly to the disinheriting of the right of the crowne the ouerthrowe of the state of the kingdome and the breach of the liberties customes and lawes of our fathers for the keeping whereof we are bound by the dutie of an oath and will by Gods helpe maintaine and defend with all our power and strength c. Dated at Lincolne Ann. Dom. 1301. anno Edvardi primi 29. This was then the resolution of the state of this land if our late sectaries Popish or Puritan bring in any other doctrine we may not leaue the cawsey of truth odience whereon our forefathers walked to their commendation to followe these newe guides in their by-paths of pride disobedience and contempt of authoritie to our destruction Vincentius in his Speculo Historiali hath a notable place to disswade from sedition and periurie lib. 15. cap. 1. Vt pace omnium bonorum dixerim haec sola nouitas ne dicam haeresis nec dum è mundo emerserat That I may speake with the fauour of all good men this meere noueltie if not heresie was not sprung vp in the world that preists should teach subiects that they owe no subiection to wicked kings and albeit they haue giuen an oath of fidelitie vnto them they are not bound to keepe it Nay they that obey an euill Prince are to be held as excommunicated and all such as rebell against him are free from the guilt of the crime of periurie So farre he I will end this chapter with Aeneas Siluius who died in the yeare 1464. Sit tandem finis litium Pius 2. de ortu author imperij cap. 23. Let there be an end of contention and one principall head to determine all temporall matters let the occasion of perpetuall debate be taken away let men acknowledge themselues subiect to their Prince giue reuerence to him whom God hath made his vicegerent on earth As that which God commandeth must be obeyed without contradiction so the temporall commandements of Caesar may not be resisted But let the Kings themselues beware that they oppresse no man vniustly nor giue their people cause to crie to God against them for the earth is the Lords and the fulnesse thereof he will not forget the crie of the poore and for the sinne of the Prince he translateth the gouernment from one nation to another There is nothing more offensiue to the greatest God the king and creator of heauen and earth then the neglect of iustice and the oppression of the poore as the Psalmist saith The poore shall not alway be forgotten and the patient abiding of the needie shall not perish for euer So farre Siluius The seauenth Chapter sheweth the concord of Papist and Puritan for the deposition of Kings and their discord about the meanes and persons to be imployed in the execution of their designements CHilderick was deposed and Pipine crowned King of France about the yeare 750. The truth of which historie is this Childericke voide of all princely grauitie gaue himselfe ouer to pleasure and wantonnesse leauing the burthen of the state to Pipinus that was his Lord Marshall Who conspired with the Nobles to aduance himselfe by the deposition of the king his master To set a better colour on the matter Pipine sent his Chaplaine to Pope Zacharie to haue his answer to this Question Whether should be King he that bare the name and did nothing or he that gouerned the kingdome The Pope gaue sentence with the Marshall against the King whereupon Childerick was made a shorne Monke and Pipine a crowned king It is a wonder to see how these opposite sectaries do insist vpon this fact of the Frenchmen to iustifie their dangerous doctrine and seditious conspiracies against Princes As Card. Bellarmine de pontif lib. 2. cap. 17. Thomas Harding against the Apologie of the Church of England fol. 181. Franc. Feuardentius in his commentaries on Hester pag. 85. Boucher alias Raynolds de iusta abdicatione Henrici 3. lib. 3. cap. 14. Ficklerus de iure magistratuum fol. 30. Alexander Carerius patauinus de potestate papae lib. 2. cap. 3. D. Mâ—rta de temporali spirituali pontificis potestate lib. 1. cap. 23 and Doleman in his conference touching succession parte 1. cap. 3. pag. 48. And also these Puritans Christopher Goodman in his treatise of obedience pag. 53. George Buchanan de iure Regni apud Scotos p. 47. Danaeus de politia Christiana lib. 3. cap. 6. pag. 221. Brutus Celta de iure magistratuum pag. 286. Phyladelphus dialogo 2. pag. 65. Franc. Hottomanus in his Francogallia cap. 12. and Speculum tyrannidis Philipi Regis pag. 27. The Papists which ascribe this deposing power to the pope endeauour by tooth and naile to disprooue that interest which the Puritans grant the peeres or the people First this example serued Gregorie 7. to excuse his presumptuous practises against Henrie the fourth Quidum Ramanus pontifex A certaine Bishop of Rome deposed a king of France lib de vrit Eccles apud Scard pag. 3. not so much for his ill life as for that he was not fit for gouerment and placed Pipine which was father to Charles the great in his place absoluing all the Frenchmen from the oath of allegeance which they had sworne to their king Thus farre Gregorie in an epistle to one Herimanus that was Bishop of Metz in France Thomas Harding concludeth from this fact a diuine power in the pope Confâ—t of the Apol â— fol. 181. Can you not see saith Harding what strength and power is in the pope which is able with a word to place and displace the mightiest King in Europe with a word I say for I am sure you can shewe vs of no armie that he sent to execute his will Is it in the power of a man thinke you to appoint kingdomes can the Deuill himselfe at his pleasure set vp and depose Kings no surely Much lesse can any member of his do the same Remember you what Christ said when the Iewes obiected that he did cast out deuils in the name of the prince of deuils beware you sinne not against the holy Ghost who confesse that the Pope hath pulled downe and set vp Kings Which thing vndoubtedly he could neuer do
Herod and Pilate reconciled OR THE CONCORD OF PAPIST AND PVRITAN 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 Tunc inter se concordant cum in perniciem iusti conspirant non quia se amant sed quia eum qui amandus erat simul oderunt August in Psal 36. concion 2. PRINTED BY CANTRELL LEGGE Printer to the Vniversitie of Cambridge 1610. ⧠TO THE RIGHT HONOVRABLE SIR IOHN RAMSEY Knight Lord Vicount Hadington one of the most Honourable Gentlemen of the Kings Maiesties bed-chamber my singular good Lord and Master I Did suppose my very good Lord that the sembable opposition of Papist and Puritane against the Protestant concerning the supremacie Ecclesiasticall and Deposition of Kings might haue beene constriued into a fewe sheetes of paper which I finde both tedious and intricate because the opponents though they agree against Kings as Herod and Pilate did against Christ are at diuers irreconciliable iarres among themselues And no maruell quia mendacij multiplex diuortium Liers neuer agree in one tale There are among the Papists three different opinions concerning the Popes power ouer Kings The first opinion which a Alexand. Car. de potest Rom. Pontif. lib. 2. c. 9. Alexander Carerius holdeth is that the Pope hath absolute power ouer all the world both in Ecclesiasticall and Politicall things The second opinion is Bellarmines b Bellar. de Pontif. lib. 5. c. 6. who affirmeth that though the Pope haue not meere temporall power ouer Kings and kingdomes directly yet hath he supreame authoritie to dispose of the Temporalities of all Christians as well Kings as others by an indirect prerogatiue tending to the aduancement of the spirituall good The third is the opinion of c Guliel Barclay cont monarchomacos l. 5. cap. 8. Barclayus who auerreth that the Pope hath spirituall power to excommunicate Kings but no temporall authoritie directly or indirectly to afflict the persons of Kings to transpose their kingdomes to perswade forrainers to make warres or subiects to rebell against them And with him agreeth M. Blackwell d In the letter annexed to his large examination at Lambeth p. 157. in his letter to the Romish Catholiques of England wherein he saith that the keyes Ecclesiasticall doe no way extend themselues by Gods law vnto kingdomes terrene to open or shut to tosse or turmoile any of them they haue no wardes in them to turne or ouerturne Kingdomes or to open any lawfull entrance into such disobedient and doubtfull courses Wheresoeuer most noble Lord any Papist hath laid a stepping-stone in this water of strife any man may plainely trace the Puritanes treading Although they denie an vniuersall absolute power ouer all Kings which the Pope claymeth they contend for a nationall soueraigntie in euery kingdome ouer Kings to dispose of them and their kingdomes Although the Popes saith Christopher Goodman e Treatise of obedience pag. 52. 53. for sundrie enormities haue deposed Kings by vnlawfull authoritie the reason that mooued them so to doe was honest and iust and meete to be receiued and executed by the bodie of euery common-wealth haec ille The Statesmen of the kingdome saith f Polit. Christ l 6. c. 3. p. 156. Lambertus Danaeus may punish their King when he transgresseth the fundamentall lawes of the kingdome yea if he be obstinate they may depriue him of his royall dignitie M. Beza g Theses Genevenses p. 249. in a scholasticall disputation one Iohn Iobert beeing Respondent did determine that the officers of State such as are the 7. Electors in the Empire of the Romanes and the Three States in euery Monarchie haue authoritie to represse tyrannous Princes which if they doe not they shall answer before God for their treacherie against the people Dudley Fenner an English Sectarie iumpeth with them He is a Tyrant by practise saith h Sacra Theologia lib. 5 c. 13. Fenner that dissolueth all or the chiefest compacts of the Common-wealth let them that haue that authoritie as the Peeres of the kingdome or the publike assemblie of all Estates make him away vel pacificè vel cum bello either by peaceable practise or open hostilitie Cardinall Bellarmine giueth this reason for the Popes indirect power ouer Kings * De Pontif l. 5. cap. 7. The Ecclesiasticall Commonwealth must be saith he perfect and of it selfe sufficient to attaine vnto the ende whereunto it was ordained for such are all CommoÌ„wealths that are well instituted Therfore it ought to haue all necessarie power to attaine to the spirituall end but power to dispose of all temporalties is necessarie to the spirituall end for otherwise euill Kings will foster heretikes and ouerthrow religion wherfore the Church hath this power Haec ille Banosus a Puritane in a tractate of Ciuill and Ecclesiasticall Politie hath the very same reason for the power of the Presbiterie i lib. 2. pag 51. If the Church saith he haue not power by forcible meanes to compell all sorts of men to liue in order this absurditie will follow euen vnder a faithfull magistrate that the Church can not defend her selfe with her owne forces What I pray you will become of the Church when the Magistrate is either an Infidel or so negligent as to suffer euill to be done without punishment and those things which are hallowed to be profaned or remooued Should not the Church be vtterly ouerthrowne in these eases if it had not peculiar right to make powerfull resistance Haec ille I appeale my good Lord to the consciences of all good men whether this reason of Bellarmine and Banosus be not a wicked ouerthwarting of the counsell of God and his gratious prouidence towards the Church yea an open bewraying of their vnquiet hearts and seditious disposition Our Sauiour Christ foreseeing and foreshewing that his Disciples the chiefe pillars of the Church should be brought before Kings hated of the world yea and put to death k Matth 10.18 c 24 â— for his names sake teacheth not to resist or rebell but to abide and l Matth. 24.13 endure not with violence to withstand authoritie but m Luk. 21.19 with patience to possesse their soules This is a remedie against Tyrants and there is no other meanes reuealed in the word of God against persecution then n Matth. 10.23 Desertion if they persecute you in one citie flie to an other or o Psal â—0 15 Praier and Patience Happie p Mâ— 5.11.12 are you when men shall doe all manner of euill vnto you for my names sake reioyce and be glad for great is your reward in heauen Let not man therfore resist their power which God ordained but with all meeknes endure persecution in earth that they may be crowned in heauen Lambertus Danaeus a Puritane of the best note doth freely graunt Bellarmines Thesis viz.
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 Resâ— Dan 〈◊〉 ad â—ellaâ— 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 â—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. Danaeuâ— Gellius Snecaâ— 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. Galiâ—l Bâ—â—â— Herm Reâ—â—â— William Bucanus in his common places of Diuinitie pag. 582. Hermanus Renecherus in his obseruation vpon the first Psalme pag 68. The counter pâ—â—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. â—â—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 Å¿ De potest reg papal cap. 13. Euerie Minister of God must rather submit his life to the Princes pleasure theÌ„ 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
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 ouâ—pa vt cesset tyrannorum plagâ— 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 nullaÌ„ 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
profitably and peaceably but by the great power of God c. So farre Harding De Pontif. lib. 2. cap. 17. Cardinall Bellarmine the grand-master of Controuersies cannot indure to heare that this deposition was done by any other then the papall authoritie The Pope saith he Iudicauit licere Frauncis regnum Childerici in Pipinum transferre The Pope gaue iudgement that the Frenchmen might lawfully transfer Childericks kingdome to Pipin and did absolue them from the oath which they had sworne vnto him No man that hath his right wit can denie this to be lawfull For the very euent hath prooued that change to be most fortunate seeing the kingdome of Fraunce was neuer more potent nor religion more flourishing then vnder Pipin and Charles his sonne Thus farre Bellarm. This Cardinals reason from the successe to the approbation of the fact will conclude well for the Turke who hath longer continued more flourished and inlarged his state then the house of Pipin Heare in a word the true succes of Pipins posteritie out of Benuentus Imolensis and Paulus Aemilius Benventus Imolensis The first of that line was Charles the great in whose time the Empire was diuided The second was Ludouicus Pius against whome Lotharius an vnnaturall sonne did conspire who thrust his father to a cloister and placed himselfe in the throne where he sate like a tyrant till he was also deposed The fourth was Ludovicus 2. a man vnfortunate in all his doings The fifth was Ludovicus 3. whome they call Ludovicus nihili or Lewes no-bodie The 6. Paulus Aemilius was Charles the bald a very coward The 7. was Charolus Crassus as very foole Arnulphus the eight of that progenie was eaten with lice The 9. was Ludovicus 4. in whome that race ended Alexander Carerius inferreth the absolute soueraigntie of the Pope ouer all Kings euen to depose them and to transpose the Realmes from the insufficiencie of the Nobles and people Esto quod verùm sit Papam de potestate Pontif. l. 2. cap. 3. num 6. non deposuisse regem Francia Be it true that the Pope did not depose the king of France but gaue consent to the Peeres and people to depose him this is a most manifest proofe of our intent that kings haue one if not many superiours viz. the Barons and people of their kingdome and ouerthroweth their position and conclusion That Kings haue in temporall things no superiour no not the Bishop of Rome But seeing the Barons people could neither iudge nor depriue him because they wanted coactiue power which Vassalls or subiects haue not ouer their soueraigne it followeth necessarily that the Pope by his princely power as superior to the King in temporalties might lawfully depose him Thus farre Carerius D. Marta is as peremptorie for the Pope against the pretended claime of the Peeres or the people Childericus priuatus est regno Franciae obstupiditatem ineptitudinem in administrando Childerick was depriued of the kingdome of France for his stupiditie and vnfitnesse to gouerne They that say he was not depriued by the Pope alone but by them that desired another king doe not answer the reasons alleadged for the Popes soueraigne power in temporalties nay they confirme the Popes power Baldus asketh this question when the Emperour is vnprofitable or madde or a drunkard may the people depose him or assigne him a coadiutor No saith he de temp spir Pontif. potest part 1. cap. 23. nu 15 16 17. the Pope must doe it for the Pope is the crowne and braine of the people And we haue prooued before that God did giue no iurisdiction to the people but to Moses and his successors Wherefore the vassals or Peeres which represent the people haue no power common with the Pope in the deposing of Princes And in that they say that the Frenchmen desired another king it is a great confirmation that the Pope hath right to dispose of kingdomes He vseth to desire who hath not of his owne or cannot of himselfe effect that which he would haue done Thus farre Marta They that plead for the state of the Laitie are as confident against the Pope and clergie Vt paucis dicam saith Iunius hoc fecit Zacharias vt dominus aut vt mandatarius authoritate instructus à domino that I may vse sewe words the Pope deposed Childericke either as his Lord or as a mandatarie hauing authoritie from the Lord but he did it neither way Not as Lord how could he be Lord in France that in those dayes had no Lordship in Rome he did it not as mandatarie for then he ought to haue shewed his authoritie which he neither did nor could shewe Christ would not diuide a priuate inheritance shall Zacharie then presume to depose kings or transpose kingdomes Thus farre Iunius Caeterum quod monachus iste saith Lambertus Danaeus whereas this monke Bellarmine contendeth that Childericke was lawfully deposed by Pope Zacharias a stranger a Priest no Magistrate but in this respect a priuate person though he were Bishop of Rome Resp Danaâ— ad Bellar. l. 2. c. 17. p. â—16 Will he euer be able to prooue or defend his assertion Can Zacharie haue authorie in France being a stranger can he depose the publike Magistrate beeing but a priuate person or transferre that principality to Pipin that he hath no right vnto and commit so many sacriledges and impieties stealing from Childericke and giuing to Pipin another mans right authorising subiects to violate their oaths which they had sworne to their king transposing kingdomes from one man to another whereas it doth onely belong to God to depose kings and dispose of kingdomes thou maist see Bellarmine how many outrages this thy Zacharie hath committed beside that he did thrust his sickle into an other mans haruest and medled with the cobler beyond his last in that beeing but a Priest he tooke vpon him the decision of the right of kingdomes Thus farre Danaeus who is not so violent against the Pope as he is virulent for the deposing power of Peeres or states of the kingdome Danaeus pol. Christian l. 6. c. 3. pag. 414. The kings saith he of Lacedemonia had the Ephori to controll them The states-men of the Romane common-wealth deposed the Emperours which were tyrants and abused their authoritie The french-French-state hath often dethroned their kings The Nobles of Spaine may doe it by their law And the historie of the Scottish affaires excellently well written by * mulus mulum scabit Buchanan doth report that the states-men of that countrie haue many times depriued the kings of Scotland Finally naturall reason and the practise of all nations doth confirme that the states-men in euery kingdome may depose kings that are peccant So farre he cap. 3. Hottoman in his Franco Gallia hath a long chapter to prooue that this might be done lawfully by the Peeres or the people but in no case by the Pope or the clergie Men cannot saie
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 opeÌ„ly 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 â—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 â—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
faults and licentiousnes of kings saith Mariana whether they raigne by consent of the people de regis inâ—â—â— lib. 1. c. 6. or right of inheritance are to be borne and endured so long as the laws of shamefastnes and honestie whereto all men be bound are not violated for Princes should not rashly be disturbed least the commonwealth fall into greater miserie and calamitie But if the Prince make hauock of the commonwealth and expose the priuate fortunes of his subiects for a pray to other men if he despise law contemne religion this course must be taken against him Let him be admonished and recalled to his dutie if he repent satisfie the Wealepublike and amend his faults there ought as I thinke to be no further proceeding against him But if there be no hope of his amendment the commonwealth may take away his kingdome And because that cannot be done in all likelihoode without warre they may leuie power brandish their blades against their king and exact money of the people for the maintenance of their warre for when there is no other helpe the Peeres of the common wealth hauing proclaimed their king a publike enemy may take away his life Thus farre Mariana The Statesmen of the Kingdome saith Franciscus Fevardentius haue a soueraigne power ouer their Kings In Hester c. 1. pag. 88. for Kings are not absolutely established but stand bound to obserue lawes conditions and compacts to their subiects the which if they violate they are no lawfull Kings but theeues and tyrants punishable by the states Thus farre Feuardentius Inferiour Magistrates saith Iohannes Baptista Ficklerus are the defenders and protectours of the lawes and rightes of the state de iure magist fol. 18. and haue authoritie if need require to correct and punish the supreame King So farre Ficklerus An English fugitiue which was the author of the booke de iusta abdicatione Henrici Tertij affirmeth That all the Maiestie of the kingdome is in the assembly of Statesmen to whom it belongeth to make couenants with God to dispose of the affaires of the kingdome to appoint matters pertaining to warre and peace l b 3. cap 8. to bridle the kingly power and to settle all things that belong to publique gouernment So farre he part 1 c. 4. pag 72. And the most seditious Doleman saith that all humane lawe and order naturall Nationall and positiue doth teach that the commonwealth which gaue Kings their authoritie for the common good may restraine or take the same from them if they abuse it to the common ill so farre Doleman and of this opinion are many other as may appeare by D. Morton by whom they are discouered and refuted How farre this gangrene will extend I knowe not The kings of Christendome are daily crucified as Christ their Lord was betweene two theeues I meane the Papist and Puritan which haue prepared this deadly poyson for Princes whom they in their owne irreligious and traiterous hearts shall condemne for tyrannie I hope neither Peeres nor people will be so fond to beleeue them or wicked to followe them which pretend the reformation of religion and defend the subuersion of Christian states If inferiour officers or the publike assembly of all States will claime this power it standeth them vpon as they wil avoid euerlasting damnation not to deriue a title from Rome Lacedemon or Athens as Calvin doth whom the rest followe but from the hill of Sion and to plead their interest from the law or the gospell August in quest mixt Si mandatum non est praesumptio est ad paenam proficiet non ad praemium quia ad contumeliam pertinet conditoris vt contempto Domino colantur servi spreto Imperatore adorentur Comites If their opposition against Kings be not commanded of God it is presumption against God for it is a contumely against God the creator of all states to despise Lords and honour seruants to contemne the soueraigne Emperour and to reuerence the Peeres of the Empire So farre Augustine My sonne saith Salomon feare God and the King and meddle not with the seditious Prou. 24.21 for their destruction shall come sodainly and who knoweth the end of them The conclusion of all is That Kings haue supreame and absolute authoritie vnder God on earth not because all things are subiect to their pleasure which were plaine tyrannie not Christian soueraigntie but because all persons within their dominions stand bound in lawe allegiance and conscience to obey their pleasure or to abide their punishment And Kings themselues are no way subiect to the controwle censure or punishment of any earthly man but reserued by speciall prerogatiue to the most fearefull and righteous iudgement of God with whome there is no respect of persons He whose seruants they are will beate them with a rod of iron and breake them in peeces like a potters vessell if they abuse that great and soueraigne power which God hath endued them withall to support error to suppresse truth and to oppresse the innocent God of his great mercie graunt vs the spirit of truth to direct vs in all loyaltie that we beeing not seduced by these seditious Sectaries may growe in grace stand fast in obedience embrace loue follow peace and encrease more and more in the knowledge of our Lord Iesus Christ To whom be all praise power and dominion now and for euer Amen FINIS