ANTI-PARAEVS. The question Stated. The Position: It is not lawfull to resist the King, violating the Fundamentall Laws of the Kingdome.
DIvers Men in this our Age, have handled this controversie Divers Waies, whilst the Pontificians contend to have the Royall Scepter submit to the Roman Purple, the Presbyterians to the States of the Kingdome, and in some cases to the provoked Multitude; and the Protestants to God alone. David Paraeus, A Palatine Divine, in the Year 1612. writ very elegantly coucerning the Lawfull Right of Kings, in the behalfe of the then Soveraigne and most potent Prince, King of Great Brittain, France, and Ireland, against the Papall Usurpation, against Bellarmine, Becanus, and other Popish Parasites of the same mold. The Printer Dedicated that Tract to the same Soveraigne, in which the foundation of that Pontifician Tower is rased, the sophisticall disputes of Bellarmine are confuted; the vain Arguments of Becanus refell'd, and the cunning Impostures of the Canonists forcibly retorted. Yet, as if he had drunke deep of theA Lake that Watereth the Borders of Genevah and Lausama. Lemanian Lake, he brandishes the inferiour [Page 2]Magistrates Sword, against Kings and greatest Emperours, and affords no lesse dangerous, than impious Arms, to the confused and incomposed multitude, and this in many parts of that Tract, out of which receive these few selected.
The violence and tyranny of the Superiour Magistrate ought to be restrained by the Ordinary Power, which in every Polity is either the inferiour Magistrate, or the consent of the People. This David Paraeus has quaest. 4. Tract. de potest. civ. rat. 1. Against Bellarmine, Becanus, Danaeus, Paraeus, and the rest so devoutly addicted to the Popedome, or the Presbytery. I confidently aver, That neither the Roman Bishop, the States of a Kingdome, nor the Tumultuous Commons, have any power over Kings which offend, or violate the Laws which they call Fundamentall; and this I shall manifest and evince by many strong Reasons, that I may give some light to the weaker sort of Men, distracted with variety of Opinions; that as Men placed in a Watch-Tower, they may a far off discover; or as Men sayling in the Haven, they may without danger escape those gulfes of errors, and Whirle-Pooles of Falshoods, with which the Writings of Papists and Puritans do plentifully abound. But in the first place to the taking away all ambiguity, I will explain the Terms of the Question.
The Terms of the question explained. I call him King who hath a Supreame Power, subject to none. In the Word Resist, I comprehend all Power of gainsaying, all commotion or confederacy against the Royall Majesty, a Violator of the Fundamentall Laws, is, (according to the Theologicall Politicks) such an one as doth overthrow either all, or the chiefest establisht Laws of the Common-wealth. The Puritan-Papists tell us, [Page 3]the Fundamentall Laws, are (I know not what) contracts or conditionall Covenants, betwixt the King and the People, entred and establisht by Oath at the Kings first Inauguration; which being broken, they will have the People free, and loose from all Bonds of Allegiance and Religion to their Soveraignes, the Kings being ipso factor, null and devested of all authority. As if that Sacred Majesty given by God, were confer'd by the People, and that upon certain conditionall Laws; at whose pleasure it is to be resigned. Which madnesse, I will clearly refute from the Dictate of Nature, the Law of Nations, the Civill Law, Canon Law, from Sacred Scripture, Orthodox Fathers, and the most famous Pastors of the reformed Church; who, as they have bid adieu to the Popedome, so have they not sworn to the Dictates of the novell Presbytery. But first give me leave to shew the seditious agreement of Papists and Puritans against the Majesty of Kings.
The agreement of Papists and Puritās against the Majesty of Kings. Robert Bellarmine an excellently Learned Cardinal, most accurately skilfull in unloosing the Knots of Controversies; yet Lib. 5. de Pontif. he doth so involve this power of restraining Kings with so many subtilties; that he receives no better stile from Carerius than Atheist and Politician. Yet, under the Maske of Mathaeus Tortus doth he impose the same upon the English Papists, as the foundation of the Catholique Faith. And in a Tract, concerning the Temporall Power of the Pope, against Barclay, he concludes the same clearly and briefly from many Arguments, reduced to foure heads.
First, from the authority of some Writers, Italian, French, Spanish, German and English; of whom Gregory the seventh is the first, Nicholas Sanders the last, he the [Page 4]Head, this the Tayle of that Beast in the Revelations. Secondly, from good Scripture, but bad interpretation. Thirdly, from politicall Reasons. Lastly, from Examples.
Of all them which stand on the Presbyterian side, Lambertus Danaeus is the most Learned, and in resolving controversies the most perspicacious. After those many and wearisome labours against the Pontificians and Lutherans, when he was now grown old; he put forth his Christian Politie as his last work, and in lib. 3. c. 6. he propounds (as he calls it) this noble question: whether Christian Men, and Pious Subjects may with a good Conscience change and abrogate a constituted Polity, and chuse to themselves another? He answers, That, the Supream Magistrate violating the Fandameutall Laws of the Kingdom, may be deposed by godly Subjects, and that with a good Conscience: And lib. 3. c. 6. he affirmes; That, Judgement upon the Superiour Magistrate, who exceeds the bounds of his duty, or performs not his duty as he ought; belongs to the States of the Kingdome: And this he endeavours to fortifie with a soure square Army, like to the Macedonian Phalans. First from Politicall Reasons. Secondly, from the authority of Gods Word. Thirdly, from the Opinions of the Prudent; namely, John Calvin, Brutus Junius, and George Bucanan. Lastly, from Examples, and those of the Ancients; namely, the People of Israel, the Lacedemonians, Athenians, and Romans: also those of later times: namely, French, Spanish, Germans, English and Scotch. And against Bellarmine, Controvers. 3. lib. 3. c. 7. he confesseth plainly, That, the King which is an Hereticke ought to be depesed; but that, not by the Bishop of Rome; but by the States of the Kingdeme. Those things which have been occasionally, here and there toucht upon [Page 5]by others, are all collected into one summe, and digested into Method by David Paraeus; which he concludes in foure Propositions; each of which I will set down, least I should seem to let any thing escape.
The first Proposition.
The Bishops and Pastors may and ought (upon the consent of the Church) deliver up the contumacious Magistrates unto Satan untill they do repent.
first Propesition of Paraeus confuted,In these few words, do lurke not a few errors. Contumacy is a Law Terme, which the Lawyers define to be; a Disobedience against the Superiour; as often as the Subject, being cited in a due course of Law, doth not appeare, doth not obey, or depart without Licence. The Supreame Magistrate, being inferiour to God alone, is not subject to Man, and therefore neither can, nor ought to iucur the guilt of Contumacy. Some speak with good reason (saith John of Paris) that, not every offendor is a fit matter upon which or can work with effect. but that offendor whe is a Subject, Kings cannot properly be sayd to be contumacious. and therefore the foresaid power has not effection the Offender, unlesse when subjection is presupposed; which makes a Man to be a fit matter, upon which the Keyes may have their Act with effect. de potest. Regia & Papasi. c. 13.
A King in his Kingdom is not subject to the Episcopall [Page 6]Jurisdiction, as it is penall and coercive,How the King is not subject to the power of the Keyes. but is superiour in Order of Power; as Augustine affirm's expresly. Moses was in the midst betwixt Aaron and God, Aaron in the midst betwixt Moses and the people, &c. In Exod. quest. 10. Those Bishops therfore and Supercilious Pastors, who send out their citation, or put forth their accusation against their Prince, are impious against God, whose Ordinance they resist; seditious against the King, ouer whose soueraignty they insult; Traytors against the Common wealth, whose Peace they disturbe. I beleive Paraeus can neuer shew, where any one of the Apostles sate Judge of Princes. I read the Æpostles stood to be Judged, but I never read they stood Judging, saith Saint Bernard, de considerat. l. 1. c. 6.
The consent of the Church not required in the act of excommunication.Whereas he saith, (upon consent of the Church) without doubt he doth but catch at popular Applause, by subjecting Princes to the censure of the Pastors, and the Pastors to the Judgement of the People. The Apostles had the power of the Keyes from Christ, and the Bishops have it from the Apostles, without reservation of the Churches consent. Augustine cals this power, the Episcopall judgment; de corrept. & grat. c. 15. and Beza himselfe hath exploded this Consent out of a well constituted Church, as wicked, dangerous, and dissonant to the Word of God. in Epist. 83.
To deliver unto Satan] (which he improperly attributes to excommunication) was an extraordinary power granted to the Apostles for a time:What is meant by delivering unto Sathan. according to the more commonly received opinion of Ancient and Moderne Divines. Consult S. Ambrose upon that 1. Tim. c. 1. S. Chrysostome upon 1 Corinth. 5. hom. 15. S. Aug, against the letters of Petilian. l. 2. c. 10. S. Hierome, Bede, [Page 7]Theodoret, Occumenius, Theophylact and Sedulius: all upon that (1 Cor. c. 5.) of the Apostles to deliver to Satan which all of them doe understand, to be meant of that corporall affliction, which the Apostles did inflict: not by the power of the Keyes, but by the power of working Miracles. To which I adde the Divines of later times, and those of better note and sounder judgement, Thomas Bilson lately Bishop of Winchester, Peter Martyr, Thomas Erastus, and Benedict Aretius; ‘I am fully perswaded (saith that Reverend Bishop) that S. Paul in revenging that wickednes, would have some footstep remaine of that wonderfull power and virtue, which he received from Christ to revenge impiety; whereby the imitation of so great a wickednes, might hereafter seem dangerous to the rest, &c. in his perpetuall government of the Church, c. 8.’
‘The Apostles (saith Peter Martyr) had the Devills subject to them, and by them they might sometimes punish offendors to the furtherance of their salvation, therefore to whom this gift is not imparted, they ought wholy to abstaine from the exercise thereof. locor. com. clas. 1. c. 8. sect. 9.’ ‘The power of delivering unto Sathan, (as Erastus hath it) which was given to S. Paul, was not so necessary for the Church, that it should become an ordinary power. Confirm. Thes. lib. 41. cap. 7.’ ‘To deliver unto Sathan was a power delivered unto the Apostles (saith Aretius) of punishing the notoriously contumacious, which afterwards ceased. Upon the 1 Tim. c. 1.’ From the miraculous power of the Apostles to the ordinary jurisdiction of Pastors, is a most frivolous consequence, for what did extraordinarily belong to the Apostles, had its end with the Apostles: but grant we that this delivering unto [Page 8]Satan, has no other signification, but that of Excommunication; it will not from hence follow, That it is lawfull for Pastors to exclude the Supreame Magistrates from converse with their Subjects. The prescripts of the Gospell, of making the wicked ashamed, avoyding the company of the Scandalous, and rebuking the obstinate, whilst there was no Man in the Church, intrusted with the Sword, to the revenge of evill doers; are not rashly to be applyed to the disgracing, deserting, or rebuking the Magistrate.Note. For the rule is, Those things which by the Prophets and Apostles are set down in Generall, ought not to be pressed to the everting those things which are commanded by them in particular. God in the Law and in the Gospell hath given especiall and expresse commands for Subjection, and Reverence to Magistrates; yea, though fouly polluted with vices, with tyranny and impieties; as, that such were those, of whom our Saviour and his Apostles spake, cannot be denied. Therefore no consequence of a generall Precept ought to be wrested, against the expresse and speciall Command of honouring the Magistrates: least we make the divine will changeable, or repugnant to it's selfe; which to say were horrible wickednes and blasphemy, and to beleive it a grand impiety & heresie. Gregory the 7th. by an unheard of example presumed to attempt this, Paraeus has trod in Hildebrands steps and hath conveyd that to the Pastors of the reformed Church; which was most vile in the Pontifician Kingdome; which an Ambrose would never have done, nor any holy and Orthodox Bishop in the Church of Christ hath ever done.
The first Proposition proved by exemples. By the Examples of the Prophets, of Elijah, who in [Page 9]Word resisted wicked Ahab; Jeremiah, wicked Joachim; John Baptist, wicked Herod; and Ambrose, Theodosius; for unjust slaughter, &c.
The Examples cleared. Elijah did recall the King from his errour, and confirmed the People in the Truth, both by Word and Miracles; he shut not out the King from the Company of his People for his impiety, he withdrew not the People from their Subjection to the King, he delivered him not as contumacious unto Satan; he commanded not Obadiah that good man, nor any other to refraine Communion with that wicked King.
Jeremiah reproved the impious King; I neither read, nor beleive, that in Word he resisted the King; of whose Peaceable Doctrine, and no way seditious Life, Calvin speaks in these words, ‘Jeremiah (saith he) doth not onely command the Jews to bear patiently the punishment inflicted upon them; but will have them to be subject to Nebuchadnezzar; and not onely forbids them to be seditious, but will have them to be so Obedient from their Hearts, that God may be witnesse of their free subjection and obedience, these are the Words upon the 29. of Ieremy verse 7.’
Herod the Adulterer, at the request of the Damosell Dancing before him, beheaded Iohn: The Innocency of the Prophet, or the cruelty of the Tyrant, was not unknown to Christ; yet did He not revenge the Prophet by force of Arms, He did not deprive the Persecutors of His Kingdom, He did not deliver him unto Satan, He did not animate the People against the Tyrant; being an example unto us, that we strive not against perverse [Page 10]Kings and such as are wickedly opinioned concerning God
Ambrose did not resist Theodosius with threatning Words, but Exhorted Him with calme Language: I Councell (saith he) I entreat, I beseech, I admonish, I have no cause of contumacy against thee, but of fear, I dare not offer, if thou be present. This Ambrose tels us concerning this his Act, In Epist. 28. They who Interpret this fact of Ambrose, to be Excommunication (as Excommunication is taken for the Act of exteriour Power, and superiour Jurisdiction) they do much wrong to the Truth of the History. Ambrose had not (such as the Puritans Dreame of) a Presbytery erected as Christs Tribunall, from whose Government, who so exempts even Kings, shall be accounted guilty of high Treason against the Majesty of Christ, as Beza Writes, De Presbyter. & Excommun. p. 116. Nortons Edition.
Ambrose did not decree his Letters of Summons against Theodosius, neither did he send a Messenger to cite him being absent, or accuse him of Contumacy being present; and judicially condemne him. Neither did he decree him to be Excommunicated, not sentence him Excommunicate, nor exclude him (out of the holy Congregation and Divine solemnities) from the company of the Faithfull. I will dispatch the whole matter in a few words;The true Relation of Ambrose his Act concerning the Emperour Theodosites. The Bishop with-held the Emperour from the Sacred Mysteries, by no Act of Jurisdiction, but by intermitting his publique Ministry, and Sacerdotall Office; who would neither performe Divine Service, nor Administer the Holy Sacrament, so long as the Emperour was present; which every Pastor though no Bishop might lawfully have done, if he had happened upon an impenitent sinner, or such an one as did trample upon [Page 11]those Sacred Mysteries with manifest contempt; according to the Doctrine of the ancient Church, as Saint Chrysostome witnesseth in Matth. Hom. 83. And according to the opinion of the Church of England, as Bilson (the Augustine of our Age) doth witnesse in his answer to Cardinall Alanus, part. 3. pag. 366.
But in this Act, Ambrose that good Bishop did not do well, whose default many have endeavoured to excuse, no man could approve; or can indeed any godly or Just estimator of the truth. He caused the good Emperor (pious, faithfull, penitent, acknowledging his offence publickly, and deprecating the same earnestly) to refrain from the communion of Prayers, hearing of the Word, and participation of the Sacrament; which Christ himself would not have done, who admitted Judas to the holy Assembly (of his Apostles) and hath commanded us to forgive our Brother as often as he shall repent.
The second Proposition.
Subjects, not private, but constituted in the inferiour Magistracy; may lawfully, even with Arms, defend themselves, and the Common-wealth, and the Church, or true Religion, against the superiour Magistrate. These conditions being supposed.
The second Proposition of Paraeus confuted, The inferiour Magistrate in a Kingdome, has no authority, but from the King and under the King; which if he abuse against the King or Common-wealth, he is [Page 12]deprived at the pleasure of the King, and suffers punishment for the ill ministration of his Office; not on the contrary. This power of the Inferiour over his Superiour, is not established by God, but is introduced by Divellish malice, or Humane presumption, against the Divine Ordinance, contrary to the Order of Nature, and equity of Law. Paraeus saw the harshnesse of this Proposition, and therefore hath mollified it with some Moderating Conditions.
The first Moderating Condition.
When the Superiour Magistrate doth degenerate and become a Tyrant.
This is not to provide a remedy against evill Kings, but to help forwards and add to the publique calamity; and indeed to deceive the Reader: When he Degenerates (you say) into Tyranny. But tell me (Paraeus) seriously (seeing what is Sacred ought not to be eluded) how and when doth he degenerate? he which is a Tyrant in your Judgement, may perchance be a King in mine; and whom you suppose to be a very good Prince, I may justly conceive a very Cruell Tyrant. In this variety therefore of Opinions, the question will be, Whether hath he degenerated? you affirme: I deny: Therefore the Accuser is to be brought forth, the guilty Arraigned, the Witnesses Produced, and this before a Competent [Page 13]Judge,There is none on Earth under God, that can be a competent Judge ouer Princes. such as indeed there is not any on Earth under God; which, Scripture teacheth, the Church beleiveth, Reason perswadeth, and the Publique Safety requireth.
The Scripture teacheth: The King doth whatsoever Pleaseth Him; Where the Word of a King is, there is Power, and who may say unto him, what dost thou, Ecclesiastes, 8. vers. 3.4.
The Church beleiveth, No Man (saith Cyrill) doth vilifie the Laws of Kings unpunished; saving Kings themselves, in whom the Crime of prevarication has no place; for it is wisely said, That he is wicked, that saith unto the King, thou dost unjustly, in Joan. l. 12. c. 56. These are his Words, according with the sense of the Scriptures, and the unanimous consent of the Church; for as God is the Supreame Head of all, who Judgeth all and is judged by none; So Kings, Princes of the World who Correct and Judge others, may be Corrected or Judged by none, but by Him only, to whose power alone they are Subject. Which King David had an eye to; who when he was an Adulterer and Murderer, pray'd for the Divine Mercy, saying, Against thee onely have I sinned; For I acknowledge none other my Superiour on Earth save thee alone, besides thee I have no Judge, who may or can compell me to Tryall, Sentence, or Punishment for my wickednesse. Whence is that of the Poet.
Reason Perswadeth, The King is Head of the Body Politique, the Members neither ought to Judge the Head, because they are below it; neither may they cut [Page 14]it off, because thereby they even cease to be Members.
The publique safety requireth, The King being condemn'd, will not yeeld to the Conspirators, although their strength exceed his an hundred fold; He will call to all the Kings about him for help, He will seek to His Friends, Allies, Confederates▪ he will Muster His Merconary Souldiers, and will in Fury Vindicate the injury that is offered him with Fire and Sword, and (which is often found true by direfull experiments) His Kingdome being lost, the ruine of the Common-wealth is to Him a miserable Comfort, and sad rejoycing.
Evill Princes seldom removed by violence, with benefit to the Common-wealth.Grant (which yet is not to be granted) that a Tyrant may be reduced into Order, or ejected out of His Kingdome by the Inferiour Magistrate; yet is He neither reduced nor ejected, without great dammage to the Common-wealth▪ the Death of Caesar brought no remedy to the Romans, but a greater mischiefe. Nero perished, but with no good successe; The next Year which followed after His Death, felt a greater measure of calamity, and abundance of bloodshed, than the nine years which He reigned with Tyranny. The Athenians drove out one Tyrant, and brought in Thirty: Rome by renouncing Kings, did not take away Tyranny, but chang'd it. That of the Countryman is old, Antigonum effodio, I Dig up Antigonus, when an ill Lord was succeeded by a worse. And who is it that knows not the Fable of the Ulcerous Man? When the Passenger would have driven the Leeches from off his sores, it is said he cryed out, Suffer, oh suffer them to be: these being full suck lesse, but being struck off others will come on, which feed more hungerly, and bite more sharply. Histories do relate, That many Tyrants have been expold, many [Page 15]slain, but seldome with benefit to the Common-wealth.The slaying of a Tyrant cannot be with a good Conscience. Grant it, that the slaying of a Tyrant is for the Common Good; yet can it not stand with a Good Conscience, because it is forbidden by God.
In a Tyrant three Powers concur; of a Father, of an Husband, and of a Master. The Sons cannot banish their Father; the Wives may not desert their Husbands; nor the Servants chastise their Masters; much lesse may the Subjects deprive their King of his Dominion. But be it so, that they may, if he degenerates into a Tyrant; since there are many kinds of Tyrannies, shall they all have the like reason of condemning the King? where the punishment is not proportioned to the fault, it is unjust, and the fore-runner of a greater Tyranny.
You cannot be ignorant (Paraeus) that there is a threefold distinction of Tyranny: one doth rage against the humane Laws for a private Benefit, with a publique mischiefe: another doth violate the Divine Law, to the dishonour of the Creator: A third doth trample upon both Humane and Divine Laws, contrary to all Justice and Piety. I confidently aver, That all Tyranny, whether it offer Violence to God or Man, ought to be suffered; and may not be abrogated, but by him, who alone doth unloose the Bond of Kings, and girdeth their Loines with a Girdle, Job. 12.18. Solomon sinned most wickedly, by Polygamy and Idolatry, without the diminution of His Majesty, or amission of his Kingdome; Ahab Tyrannously murdered Naboth, persecuted the Prophets with Exile and Death; he banished Gods true Religion, and by his Authority established Baals false Worship, whom neither the Inseriour Magistrate, nor consent of the People presumed to represse for his Tyranny. I [Page 16]confesse Jehu did it, by a Power Extraordinary given to him from Heaven, not committed to him from the Laws. What then could not be done without the Heavenly Oracle; at this Day cannot be done, without the contempt of the Divine Deity, contumely to the Sacred Majesty, and mischief to the Common-wealth. Hence is that of Peter Martyr, God Armed one only Jehu against his Lord, which as it was peculiar, so is it not to be drawn into example: Note. And after a few words, he tels us, ‘That certainly if it be lawfull to cast out of their Kingdomes those who rule wickedly; no Princes or Kings will any where be safe; for although they govern justly and piously, yet can they not alway satisfie the People. loc. com. Clas. 4. c. 20.’ p-965. Neither doth this moderating condition swerve more from true Divinity, then from Civill Policy; as Bodine hath observed, ‘de Repub. l. 2. c. 5. If the Prince be absolutely supreame, as are the true Monarchs of France, Spaine, England, Scotland, Æthiopia, Turcia, Persia, Muscovia, whose Power is not doubtfully questioned, nor their high Soveraignty with any of their Subjects divided; in this case it is no waies lawfull for any one in particular, or for all in generall, to attempt any thing de facto, or by Order of Law, against the Honour and Life of the Prince of Monarch, although he hath committed all the kinds of wickednesses and cruelties which tongue can name. For as concerning the Order of Law, the Subjects have no jurisdiction over the Prince, on whom depends all the power and authority of Commanding; and who not only can recall, from the Magistrates, all the power of Judicature committed to them, but also he being present, the power and jurisdiction of all Magistrates, Corporations, Colledges, Orders, and Communities doth cease; as we had said before, and shall speak more fully afterwards: Thus Bodine.’
The Second Moderating Condition.
When he will inforce them, or others of his Subjects to manifest Idolatry, or Blasphemy.
Christ, he lived under the Empire of Tiberius, the Principality of Herod, and Praesidency of Pilate. The Apostles flourished under Caligula, Claudius, Nero, Demitian. All Christians lived under Persecutors, for the the space of three hundred Years. Hiberius, Hosius, Athanasius, Nazianzen, Hilary, Ambrose, Chrysostome, Augustine, Hierome, and many others watered the Church of God with their holy Life, and sound Doctrine, above a thousand Years from the Birth of Christ; of whom not one hath once opened this Mystery. But I will nor contest with your (Paraeus) from their negative authority. Christ submitted himselfe in all things (not forbidden by the Divine Law) to Tiberius, Herod, Pilate; He himselfe performed all the duties of Subjection, and gave command that all Christians should performe the like. The Apostles declined neither to the right hand nor to the left, from the Doctrine of Christ. The Christians which were at Jerusalem when James suffered Martyrdome, were more in number, and greater in Power than were the Persecutors of the Apostles; But through the fear and reverence they had of God, they suffered themselves to be slain by a few, rather then that they would slay [Page 18]any: as that Roman Clement relates it, recognition, lib. 1. f. 9. With the Sect of Christians (saith Tertullian) it is lawfull to be slain it is not lawfull to slay, in Apolog. None of us (saith Cyprian) when he is apprehended, resisteth; although our number be the greater, ad Demetrianum. The Souldiers under Julian the Apostate (saith Augustine) did distinguish the Lord Eternall from the Lord Temporall; and yet for the Lord Eternall, they were subject also to the Lord Temporall, Upon Ps. 124.
Because I fear God (saith Gregory the Great) I fear to intermeddle in the Death of the Lombards, In Epist. ad Sabinianum. As for mine own particular (Paraeus) If Kings shall draw Men on to Idolatry, I had rather imitate the Saints in their observancy, than you in your insolency; and that I should chuse this rather, the Divine Law doth admonish and incite.
A Law is extant against those who shall seduce, and draw aside to Idolatry and Blasphemy, Deut. 13.6. If thy Brother the Son of thy Mother, or thy Son, or thy Daughter, or the Wife of thy bosome, or thy Friend, which is as thine own Soule, entice thee secretly; saying, Let us go and serve other goods, &c. The Law is expresse concerning a Brother, a Son, a Daughter, a Wife, a Friend; but as concerning a Father, in Husband, a Master, there is not a Word in the Law. The Law therefore extends not it selfe to them therefore the Son is not bound to appeach his Father, nor the Wife her Husband, nor the Servant his Master, secretly inticing, or forcibly compelling him to Idolatry and although the appeachment of Father, Husband or Master is not expresly forbidden; yet because God gave an absolute and perfect Law, to which nothing may be added, and from which nothing may be detracted; [Page 19]that is understood to be forbidden, which is not exprest; but especially because, Penall Laws are to be restrained, as Tostatus hath it upon Deut. 13. q. 3. That which is not lawfull to do, or at least, which God requires not to be done against a Father, an Husband, or Master, we may by no means do against the King, who (as is before said) is the Father of His Country, the Husband of the Common-wealth, and the supreame Lord of all His Subjects.
Lastly, this Condition is repugnant to the Evangelicall precepts; for if they be Blessed,Note. who do suffer Persecution for Righteousnesse sake; then are they not Blessed, who will not suffer Persecution for Righteousnesse sake; because, in that they doe nor suffer, but rise up against their Persecutors, they are convinced of sinne, and by sinning get to themselves Damnation.
The Third Moderating Condition.
When some horrible injury is offered them.
Christ himselfe suffered horrible injury, which Peter willing to Vindicate, he was repressed by our Lord. The Persecutors in the times of the Primitive Church, did afflict the Christians with horrible injuries, and under Constantius the Arrian Emperor, the Catholique Faith, did suffer the most Horrible of Injuries, which in the former and purer age of the Church did not so much as think of Revenge. Baronius himselfe will witnesse it, [Page 20]who writing about the Yeare 350. saith,When Christians first began to be Antimonarchians. Hee first the Christians Captain enraged, with a cursed desire of reigning, conspired against the Christian Emperors, whereas in times past, not so much as a Common souldier could be found, who sided with the rebelling tyrants against the Emperors, although they were Heathens and Persecutors of Christians: From Christ, those Christians, and true Catholiks, did the Faithfull learn their patience under the Turkish cruelty, and the Protestants under the Popish Tyranny: which I think (Pareus) I will speak freely.The evils which follow upon the Doctrine of Antimonarchians. You do horrible injury to Christ himself, all good Christians; yea, even to mankinde, by this your Doctrine; which now rageth throughout the Christian World, to the conspiracies of Citizens, slaughters of Princes, and proscriptions of Kings, to the ruine of the Faith, and almost utter destruction of Christianity it selfe.
Paraeus condemned by King James, the Bishop of London and his Clergy, and by the whole Universitie of Oxford.From whence it was, that the most Soveraign King, Head (under Christ) of the Church of England, the true Defendor of the Catholique Faith, and assertor of the Christian Truth, purged your Commentaries with sire: The Bishop of London (a Man greater than praise can make him, born to the good of the Church, of the Country, and of Learning it selfe) together with his whole Clergy, condemned this your fourth question, concerning the Civill Power of Heresie and Sedition. Your foure Propositions, brought to strict Examination, the Universitie of Oxford did not weigh in a Popular Scale, but corrected them by the Gold-Smiths Ballance; and that by a Publike Decree of the whole Universitie.
Why might not our Soveraign King commit to the revenging Flames? why might not the Orthodox Bishop passe sentence and condemne? why might not the Academian [Page 21]Muses altogether banish? what Christ, the Apostles, Fathers, Schoolemen, Protestants, and more moderate Papists have all, at all times, in all places utterly rejected. Of so great an heap, I will give you a small handfull.
Antimonarchians opposed by ChristChrist. I say unto you, that ye resist not evill, but whosoever shall smite thee on the one Cheeke, turn to him the other also, Math. 5.39.
Apostles. ‘Peter. This is thankworthy, if a Man for Conscience towards God endure griefe suffering wrongfully; for what glory is it, if when you be buffeted for your faults you take it patiently? but if when ye do well and suffer for it ye take it patiently, this is acceptable with God, 1 Pet. c. 2. v. 19.’
Ancient Fathers. ‘Tertullian. One Night could worke our revenge abundantly with a few fire-brands, were it a thing lawfull with us to render evill for evill, far be it that the Divine Sect should either seek revenge by humane fire, or grieve to suffer that whereby it is approved. So he in his Apology. Tell me (Paraeus) how could Tertullian live under the Sword of Persecutors without horrible injury?’
‘Nazianzen. Julian was repressed by the Tears of Christians, which many abundantly shed, having that onely remedy against the Persecutors, in Julian. orat. 1. They had other remedy (Paraeus being Judge) If Julian the Apostate, the vilest of Emperours, had offered some hainous injury to the Christians.’
‘Ambrose. It was required of me that I should appease the People: I answered, It was my part and Duty not to stir them up; it was in the hand of God to appease them. Epist. 33. It had been here your part (Paraeus) to have stirted up a Popular Revenge for the hainous injury offered by the Arrian Emperor.’
[Page 22]Prosper of Aquitania. Let present evils be endured, till the promised blisse be obtained; let the unfaithfull be born with by the faithfull, and the plucking up the Tares differed; although the wicked rage, yet is the cause of the just even in this time the better; who, by how much they are assaulted the more fiercely, by so much they are Crowned the more gloriously, Sent. 99. Declare to us (Paraeus) what shall be the violence of the wicked against the Righteous, without horrible injury? my dulnesse cannot apprehend it.
Bernard. If all the World should conspire against me, to force me to attempt any thing against the Royall Majesty, yet would I fear God, and not dare rashly to offend the King ordain'd by him, for I am not ignorant how I have Read, he that resisteth the power resisteth the ordinance of God, Epist. 170. to King Lewis. Darest thou not (Bernard) to remove the horrible injury, offered even to the whole Clergy? all whose goods King Lewis had invaded; and which was worse, he would heare no admonitions for Amendment or Restitution, as Robert Gaguinus hath it, lib. 6. without doubt either Bernard err'd, or Paraeus dotes.
School-men. Let us turn aside (if you please) into the Schooles, where presently will meet us our Countryman, Alexander de Hales, who concerning the Duty of Subjects towards their Princes, has these words: The evill ought to be subject for the fault of their unreasonablenesse; but the good f [...]r that Duty they owe to the Divine Ordinance, and the benefit of purging themselves. From whence Ambrose upon that, Princes are not a terrour, &c. If the Prince be good, he doth not punish, but love him that doth well; but if he be evill, he doth not hurt, but purge: he is not therefore [Page 23]a terrour to him that doth well: But the wicked ought to fear, because Princes are appointed to punish the wicked. Thus he, part. 3. quest. 48. memb. 2. art. 1. Dost thou heare (Paraeus) the Power of the Superiour, though cruell and unjust, doth not hurt, but purge the Righteous.
Will you heare Aquinas? The Faith of Christ is the beginning and cause of Righteousnesse, and therefore by the Faith of Christ, the order of Justice is not abrogated, but confirmed: and the order of Justice requires, that the Inferiours obey the Superiours, otherwise the state of humane affairs cannot be preserved▪ and therefore the Faithfull, by the Faith of Christ are not excused from their obedience to secular Princes, in 2.2. q. 104. art. 6. Have you it now (Paraeus) Faith doth not subject the Superiours to the Inferiours against the Order of Justice; neither doth it permit the Power of the Sword to the Subject against the Prince upon any cause, because that inordinate Power would tend to the destruction of all humane things.
See the seventh reason from the opinion of Protestant Divines.The Faithfull Flock of Christ, long since, and at this Day obey the Turk, not without horrible injury, yet are they Subject, and alwaies have been, not for wrath, but for Conscience sake; and amongst the Protestants, Luther, Melancthon, Brentius, Cranmer Archbishop of Canterbury, Tyndall, and Barnes doe condemne this error with an Anathema. To whom I add the famous Example of a brave Prince; an Example acceptable to God, wholsome for the Common-wealth, honourable to the Prince: which I would have thee Reade (Paraeus, that thou mayst learn to be wise) inBerchet, in explicat. controversiae Gal licanae. c. 7. Servinus pro libertate Ecclesiae, & Statu Regni. Tom. 3. Monarchiae Romanae. p. 202. Berchetus, and Johannes Servinus: I will relate it in briefe, When in France (after the Massacre in Paris) the reformed Religion seem'd as it were deserted and almost extinct (which I thinke could not be [Page 24] done without horrible injury: A certain King, powerfull in strength, rich in Gold, and dreadfull in his Navy; with whom when the King of France was at odds, he dispacht a solemne Embassage to Henry King of Navarre, and other Protestants it was commanded the Embassadors, that they should set the Protestants and Papists at strife together, and to Arme Prince Henry (who lived at Bearne under the Government of the Christian King) against the King; which they endeavoured with all Art and cunning attempt,Note.but in vain. Henry a good Subject, and as another David, being himself to be King, he would not fore-run the Day of the Lord. The Embassadors offered large, rich, and bountifull Conditions, amongst the rest there was tender'd three hundred thousand Crowns in readinesse to make preparation of War, and a necessary summe for continuing the War was to be payd every Moneth. Henry a faithfull Christian, a good Prince, de prived of his Wife, removed from the publique Administration of the Common-wealth, and for whose sake, the King had banisht very many Protestants,, and slain their Pastors (I would have you Paraeus to acknowledge the words of your own Bucan) yet did not Henry stretch out his hand against the Lords Annoynted; he would have none of their Gold, he refused the Conditions, and dismist the Embassadors; as Witnesse of his Faith towards God, his faithfulnesse towards his King, and his peaceable mind towards his Country. There remains now no starting hole for you (Paraeus) here was an horrible injury done to the Inferiour Magistrate as well as others, yet because a Lawfull Power was wanting to Henry (which you Dream to be ordinary) against the Power ordained by God; he chose rather according to Christs precept, to suffer a Greivous Injury with patience, [Page 25]than according to your Prescript, to resist the Power ordained by God.
What hath been the Religion of the Protestants.This is (Paraeus) and ever has been the Religion of the Protestants, not to offer but to suffer injuries; to render good for evill, and not to represse Persecutors placed in Authority by Force or Sword, but procure their favour by Patience, Love, and Benevolence; which truth, even the more moderate Papists themselves do not abhorre, who are averse from the Tyranny of the Papall Monarchy, and the popular Anarchy of the Puritans. William Barclay may be one in stead of all, his Words are these: Oftentimes there happens causes, for which we are not bound to doe the commands of the Magistrate, namely; when he commands contrary to the commands of God. But there can be no cause why we should resist him, executing the unjust sentence of condemnation, Note. and requiring punishment out of malice, under pretence of Authority, because he has power ordained him by God, which if he abuseth, he is to be restrained by lawfull means, not by the violence of the Subjects, and after a few Lines, Nothing remains to the guilty, but that he commit his cause to the knowledge of the Omnipotent God, and that he expect his Judgement who is King of Kings, and the Judge of all Judges, he will undoubtedly chastice and correct the injustice of the sentence by the severity of his eternall Justice: Thus he, lib. 3. c. 10. Remember (Paraeus) this your horrible injury, and repent.
The Fourth Moderating Condition.
If they cannot otherwise be safe in their Fortunes, Lives, and Consciences.
O the Blindnesse of the Primitive Church, of the Ancient Fathers! to whom that light of a New Gospel hath not shined. Those men born to misery (or this Divinity is false) have altogether erred, who were so willing patiently to undergoe the pangs of Martyrdom, and when they were both the more in number, and the stronger in power, would not by Force and Arms defend their Fortunes from the Tyrants, their Lives from the Persecutors, or their Faith from Hereticall Kings.
The first Moderating Condition.
That under pretence of Religion or Justice, they seek not their own.
Justice and Re [...]igi on the pretence of Rebellion.A Subject (of what condition soever he be) who resists the King, seeks not his own, but covers other Mens Goods, yet obtains them not, unlesse he pretend justice and Religion. Lucifer himself doth not deceive Men, but as transformed into an Angell of Light; neither doth Vice deceive any Man, unlesse it assume the name of Honesty.
What need of pretence Paraeus? Rebellion it self is Justice and Religion; and by how much any is more expert in Treachery and Treason, by so much is he accounted the more Just and Holy. I would to God this our [Page 27]Age were not an eye-witnesse of this Religious Justice. Let an inferiour Magistrate inforce his Superiour into Order, though to the diminution of Majesty. Buchanan (a Man, if we give any credit to the Consistorians,T. B. L. D. most excellent and the light of his Age) he will cry out prosently, an Act just, holy, and prayse worthy, and that not in one place alone, but almost in every page of foure Books, which he composed to the envie of one Prince, and the injury of all Kings.
Traytors magnified by the Papists.Let Parry draw his Dagger; he shall forthwith receive Apostolicall Benediction, for the Remission of his sins, and Salvation of his Soule. Let a Monke stab a King, he shall be extold in the prayses of slaying Holofernes, even this in the Consistory of the Pope.
Let a Traytor attempt the Destruction of King and Kingdom by Gunpowder, he shall be inserted into the Catalogue of Martyrs. Let Castellus strik at the throat of a King, or break his tooth, he shall be honoured to eternity under the name of Franciscus Veronensis Constantinus, in the Elogy of John Boucher; heare ye Catholike men what the Father the Jesuite thinks of those holy men and Religious. If they escape death, they are admired as great Worthies; if it happen otherwise: they fall by their noble endeavours, a Sacrifice acceptable to the Gods, acceptable to men, even to the Memory of all posterity.
By the Presbyterians. Heare also a noble payre of Puritan Brothers, Were it lawfull for me to make a Law; I would command rewards to be appointed to the slayers of Tyrants, not onely by all the People, but by each of them: as it is commonly wont to be done to them, who have slain Wolves or Bears, or caught any of their Whelps, Buchan, de Jure Regni, p. 31. All Citizens which are lovers of their Country, and which desire the [Page 28]safety of the Commonwealth, ought to adjoyne themselves to the inferiour Magistrate, against the Supreame; and those same men (Victory being gotten) are to be preferred before the rest, in obtaining the dignities of the Kingdom, and before them especially who gave back, and adjoyned not themselves to him. Thus Danaeus de politia Christiana, lib. 6. pag. 460.
Who doth not abhorre this monstrous kind of Doctrines? in disproving whereof, he doth but misuse his pains, who abounds with leisure and Learning. Let passe this pretence (Paraeus) it is not lawfull for the Subject to resist the King,We may not resist the King upon any pretence of Religion or Justice. though a Tyrant, upon any cause whatsoever; either of true Religion, or of Justice, without injury to the Divine Law, the Gospell of Christ, and Tradition of the ancient Church. Moses had the true cause of Justice, who revenged his Brother upon the Ægyptian. Peter had a true zeal of Religion, when he would have delivered his most innocent Lord, oppressed with most horrible injury, from the hands of his Persecutors. Yet did Moses offend, and so did Peter; both (that I may use the words of Saint Augustine) did exceed the rule of Justice: he (that is Moses) offended, through the love he had to his Brother; and the other (that is Peter) through the love he had to his Master: against Faustus Manichaeus, l. 22. c. 70.
That which was not lawfull, long since, for Moses in the behalfe of his Brother; that which was not lawfull for Peter, in the behalfe of his Master, and the Religion of Christ▪ is not at this day lawfull for any man, for Religions sake, whether it be Roman or Reformed; unlesse it be by a New Gospel, not yet fully reveal'd to the Christian World. That Decree of the ancient Councell [Page 29]held at Eliboris, is well known. If any shallThat is, without lawfull authority. break in pieces the Idols, and there (or then) be slain; because it is not found commanded in the Gospel, or practised by the Apostles, it hath pleased us (to decree) that he be not received into the number of Martyrs, Can. 60. Yea, the former and purer Church hath detested this Justice and Religion, more than either Dog or Serpent, of whose praise Saint Augustine speaks De Civit. Dei, l. 22. c. 6. The City of Christ, though it was a stranger on Earth, and had great troops of people against the wicked persecutors, yet did it not fight for temporall safety; but rather not resist, to obtain eternall safety.
To take up Arms against a Tyrant were it lawfull, yet is it not expedient.True Religion was alwaies humble, and the conserver of Kingdoms. The false Religion, that hath alwaies set Kings at odds, and Arm'd the Subjects against their Superiours; from whence it appears, this is not the true Religion; but such as hath put on the faire shew and specious maske of Piety; and the better the Author is of which it boasteth; the more detestable it is.
I will say further; were it a thing Lawfull, yet were it not a thing expedient: For the miserable People whilst they endeavour to shun the Scylla of one Mans Tyranny; they fall headlong upon that Charybdis of many Tyrannies. All things shall be exposed to devastation, and destruction: The Peasant will insult over the Nobleman; the Servant, over his Master; the Robber, over the Rich; the Oppressor, over the Citizen; the Adulterer over the Matron; the Lecher over the Virgin; the Pyrat over the Merchant; the Thief, over the Traveller; and the Spoyler, over the Husbandman: Lastly, one Man will be a Wolfe to another. This evill [...]iberty will endure no Law; no Law will make a most [Page 30]miserable Common-wealth; when every man may doe what seemeth good in his own eyes, as it was in those Dayes, when there was no King in Israel.
The Sixth Moderating Condition.
A favourable Interpretation being alwaies reserved, and the ordering of an unblameable defence according to the Laws.
It is not an unblameable Defence, but a most detestable Sedition to resist the Superiour. The places of Scripture against this Sedition are so clear and manifest, that they cannot be eluded by any sly evasion, Prov. 20.22. Rom. 12.19. 1 Thes. 5.15. 1 Pet. 3.9. whosoever therefore shall offer violence (unto any man) not commanded by an ordinate power, is guilty of sinning; both against the Divine and humane Majesty. To the Moderating Conditions, he hath adjoyned some Reasons, whereof the first is,
Because the Superiour Magistrate is subject to the Divine Laws and to his Commonwealth; which appears in Deut. ch. 17. Joshua 1.8.
Paraeus his Reasons answered.That the King is subject to the Divine Laws, Who [Page 31]denyes? he is subject also to the Laws of the Commonwealth, though not in the same manner; to the Divine Laws absolutely; and to the Laws of the Commonwealth, not for 'its coaction, but direction; as Thomas witnesseth; The Prince is said to be free from the Laws as concerning the coactive power of the Law; because no Man can passe Sentence of Condemnation upon him: but as concerning the directive power of the Law, he is not free, 1.2. quest. 96. art. 5. ad. 3.
The Law of God, doth not onely forbid Tyranny, but also commands it to be lawfully restrained. He that sheds Mans Blood, &c.
God the only remover of Tyrants.He that is Lord of all forbids Tyranny, and takes it away, when, and how he will; at his command Jehu unsheaths his Sword; where God commands not, Peter puts up his Sword, even in the cause of Christ. For if any will betake himselfe to his Arms, without the command of his Superiour, he shall presently heare, He that striketh with the Sword shall perish by the Sword; For God will not have an evill taken away, but in a lawfull manner, and by lawfull means. Though therefore it be just that Tyrants should suffer; yet most unjust that Subjects should inflict punishment. God brought against Pharaoh, Frogs, Flyes, Locusts, Haile, and other Plagues of that sort; he did not stir up his Subjects against him. Against the Kings of Judah and of Israel, he armed the [Page 32]Forraigne Enemy, not the native Citizen. That place in Gen. 9.6. Fevardentius long since wrested to the same sence, whom Paraeus now follows; but with little credit. For God will not that Mans Blood be shed, but by a Man Invested with Authority: as Saint Augustine concludes directly against Faustus Manichaeus, lib. 22. c. 70. but to no Man living is there Power or Jurisdiction given over the Superiour Magistrate, as O tho Frisingensis hath it: For seeing it is a dreadfull thing to all Men, to fall into the hands of the living God, to Kings (who have none above them but God whom they may fear) it is so much the more dreadfull, by how much they may si [...] with the more freedom, in Epist. ad Freder. Ænobarb.
Also because the Emperour witnesseth himselfe that he would not, that his decrees should have place in judgements against Law; but that they become voyd, if by chance they be known to depart from Justice, and lib. 4. cap. de lege Princip. A voice it is worthy the Majesty of a King; to professe himselfe bound to his Laws.
What? shall that which is granted for Publique Peace and Justice sake, be turned to an occasion of Parricide? Emperours, they are the Authors, Interpreters, and Defenders of the Laws, to which they freely submit themselves, but are compelled by none. That which the Clemency of the King doth indulge to the Prelats, Nobles, or Commons, doth neither diminish His Majesty, [Page 33]nor confer upon them any Right or Power above the Prince; who so desires more, let him consult Barclay against the Monarchomachi, lib. 3. cap. 15. the Apology for Kings, cap. 34. Saravia de imper. author. lib. 4. c. 11. & Joannes Roffensis, de Ʋsurpata Pontif. potest, l. 2. c. 8.
Therefore also the Tyranny and Robberies of the Superiour Magistrate, ought to be restrained by the ordinary Power; which in every Polity, is either the Inferiour Magistrate, or the consent of the People.
Princes though wicked are not to be reviled. Tyranny and Robbery, are the revilings of Magistrates, unbeseeming a Divine, not savouring of the Spirit of the Prophets. There were very many Kings of the Jews, and have been in the Church of Christ, who have Reigned Tyrannously, Worshipped Idols, forcibly drawn their Subjects to Idolatry, and afflicted the innocent with horrible injury; of whom not one in all the Sacred or Ecclesiasticall History, or in the Ancient Fathers, is called by the name of Tyrant or Robber (if we except but the revilings of Lucifer Calaritanus against Constantius) that we may learn, that Kings, Gods Vicegerents, though they abuse that Power, are not to be reviled with a reproachfull Tongue. The Actions of those who are set over us (saith Gregory the Great) are not to be struck at by the Sword of the Mouth, no not even then, when they are judged justly to be reproved; but if the Tongue at any time slip out against them, though [Page 34]but in the smallest matters, it is necessary, that the Heart be afflicted in repentance, that he may return to himself; and seeing he hath offended the Power set over him, he may tremble at the judgement of him, who hath set the Power over him, thus he, Pastor. part. 3. adm. 5. fol. 16. This Conclusion gathered from false Propositions, is seditious, and destructive of all Monarchy: For if the chief coercive Power in every Polity be in the Inferiour Magistrate, or the consent of the People, the World will not have in it one Monarch; which let them look to, to whom the Power, the Right, and rule of Government belongs.
Because it is the duty of the Inferiour Magistrate, no lesse then of the Superiour, to defend the Life and safety of the Subjects against the horrible injuries, and unjust violence of Robbers and Tyrants, whether Forraign or Domestick; which is proved, because of them it is said. He is the Minister of God for thy good, He is not a terrour to good Works, but to the bad; He beareth not the Sword in vain, he taketh vengeance on him that doth evill, &c.
Kings not lyable to be punished by the Inferiour Magistrate. Paraeus in the Explication of that Text in Gen. 9.6. followed Fevardentius▪ here he is plain Buchanan, contrary to the Sence of St. Paul, and the unanimous consent of the Church. For the actions of Kings cannot be brought to punishment, because they have no Man to be a competent Judge over them: the Inferiour Magistrate is Subject to the Superiour, by whom he suffers the [Page 35]punishment due unto his committed wickednesse, the Superiour is held guilty before God alone, not before any Mortall Man, as Tostatus most truely: If any of the Rulers over Ten had sinned, he was brought to his tryall before the Rulers over Fifties; if any of them had sinned, he was brought to his Triall before the Rulers over Hundreds; if any of them had sinned, he was brought to his tryall before the Heads over the tribes; if any of them had sinned, he was brought to his tryall before the Seventy Elders; if any of them had sinned, he was brought to his tryall before Moses; if Moses had sinned, He had God alone to be His Avenger. Thus he, upon Numb. 25.9.
Also, because the Inferiour Magistrates are therefore added to the Superiour, both that they may be Companions in their Government, and also, that they may moderate their immense Liberty; which, therefore, when they do bridle, they use the Authority and Sword, delivered unto them by the Divine Power, by a Lawfull calling.
A great error of Paraeus discovered and disproved.Here Paraeus is shamefully deceived, with hazard to them who are so addicted to him, as a tryed Man, for his singular Learning; that they think they may safely Beleive, whatsoever he Affirms; and Reject whatsoever he Disallowes. For there is not in the Sacred Scripture any Foot-step of this Authority, which he averts to be delivered by the Divine Power. God the disposer and preserver of Politicall Order, never instituted this pretended [Page 36]Power; God (I say) not the People designed Moses, Josuah, and the Judges, and guirt them with the Sword. Moses Gods Vicar, He numbers the Heads of the Tribes, constituted the Seventy Elders, appointed the Tribunes, Centurians, Quinquagenarians, and Decurians; who ever acknowledged themselve, nor Companions to Moses in Government, but his Subjects. And all the rest of the Kings, alwaies chose to themselves Councellors and Inferiour Magistrates, both to lessen their care and carefulnes, and that they might have Helpers in handling & dispatching their more difficult matters; not that those Magistrates may make any Law to moderate the Royall Liberty, or to revenge their Tyranny; he affirms, but proves not, that the Inferiour Power is added to the Superiour for revenge and wrath. If it be commanded, it is presumption, and shall procure punishment, not reward, because it redounds to the disgrace of the Creator; (saith Augustine) that the Servants should be honoured, the Head being despised▪ and that the followers should be reverenced, the Emperour being contemned. This Addition therefore is point blank against the opinion of the Fathers and Protestants (of whom we shall speak in due place) as also the most Learned Men, who have in this our Age, illustrated the Civill Polity with their writings: consult Bodine de Repub. lib. 2. cap. 5. the Apology for Kings, cap. 27. Barclay against the Monarchom. lib. 3. cap. 6. Berchet in explic. controver. Gallic. cap. 2. Saravia de imper. author. lib. 2. cap. 36. Sigonius de Repub. Judaeor. lib. 7. cap. 3.Note. The Magistrates which are above the People, are below the King; whence it is, that neither the People may resist the Magistrate, nor the Magistrate resist the King, without Sacriledge. [Page 37]Christ himselfe hath taught, and so the Apostles, and the Disciples of the Apostles, and all Interpreters of Divine and Humane Laws have taught us, That the greater neither ought to he judged, nor condemned by the lesser; Neither was it ever lawfull for the Pope, Nobility, or People, to chastise the King, till Hildebrands firebrands were kindled, to the setting on fire all Christendom. This Doctrine therefore is novell and Insolent; whereof there is not extant in either the Old or New Testament, any Precept, or probable Example. If there be any, let it be produced, and I will yeeld my selfe conquered, and become slave to the Fathers the Jesuits, and to the Brethren the Puritans. We have this truth cleared and confirmed in Writings which shall remain, committed to Posterity, by Thomas Bilson late Bishop of Winchester, in the seventh Chapter of his Perpetuall Government of the Church, and Peter Greg. Tholos. de Repub. lib. 5. cap. 3. num. 14.15.16.
In whose power it is to constitute; in their power it is to restrain or take away those, who rage in a disorderly violence: but they are constituted, either by the consent of the People, or by the Senate, or by the Electors, or by other Magistrates; Therefore these doe well, when they either restrain or take them away.
This Assertion is Capitall, which the Emperour will not admit, the King will not suffer; which Bellarmine [Page 38]himselfe doth affirme to be rejected by the consent of all Divines, that it is not necessary for me to refute it.
A Magistrate that is mad, is justly removed by Publique Authority; as Nebuchadnezzer being turn'd into a furious Beast, was driven out from the Company of Men, Dan. 4.31.
The casting out of Nebuchadnezzar was extraordinary: as there are many things by Divine command in the Sacred Scriptures;How Nebuchadnezzar was driven out is uncertain. which without Sacriledge cannot be drawn into example. Howsoever, the manner of his casting out, is doubtfull and uncertain, Calvin being Witnesse: It is uncertain, whether God smote this King with fury, so, as that he fled away, and lay hid for some time; (they are the words of Calvin) or that he was cast out by a Tumult, and Conspiracy of his Nobles; or else by the consent of the whole People. This is doubtfull, because the Histories of those times are unknown to us; and that indeed he was not turned into a wilde Beast; the same Calvin will tell us: It is probable (saith he) that he was so astonisht, that God left him the Forme of a Man, but took away his reason. This Calvin upon Dan. 4.32. From a Miraculou; Act, and from doubtfull and uncertain Circumstances, to gather a sure and certain rule, is the part of him who hath little Brains in his Head.
A raging and cruell Tyrant is like to a mad Man.
All these are very ill compared together. Every private Man is Armed by the Divine Law, the instinct of Nature, and publique Authority, against Robbers and violent spoilers: a Tyrant being seated in an higher Power, is liable to punishment by no Humane Laws, being safe in the height of his Empire. Whence it was, that David, not ignorant of the Divine Ordinance in the Office of the Regall Order, he honoured Saul (a Tyrant, and defiled with all kinde of wickednesse) as yet placed in that same Divine Ordinance, least he might seem to do injury to God, who hath decreed honour to those Orders. For the King hath the Image of God, as the Bishop the Image of Christ. So long then, as he is in that Divine Ordinance, he is to be honoured, if not for himself, yet for the Orders sake, as Saint Augustine hath it,The Reason not the same for a tyrant and a mad King. in queast. out of the Old Testament, qu. 35. Neither in all things, is the reason the same, for a Tyrant, and for a mad Man. Tyranny doth proceed from Pride, Covetousnesse, Cruelty, Wickednesse, and innate Malice. Madnesse doth not proceed, but from ill affected Nature; and the Laws do not punish Disseases, but Impieties. A Magistrate that is Mad (saith (Paraeus) is justly removed; justly good Sir? that is just, which agrees with the Rule of Justice, this opposeth all Rule. The Law of Christ deprives no Man of his Right; by the Law of Nations, Kingdoms are not possest by Vertue, or Wisdom, but descent. The Civill Laws do not permit any defect in the mind, to be any hinderance, whereby Kings may be accounted Legitimate; to whom they prescribe a [Page 40]Protector, an Assistant, or Minister of State to be appointed, least the welfare of the Subjects, and safety of the Common-wealth be put to hazard; concerning whom, consult the Apology for Kings, cav. 20. Barclay contra Monarch. lib. 5. cap. 9. and Saravia de imperandi authorit. lib. 4. cap. 39.
The same is confirmed by worthy Examples, both Sacred and Prophane. The Israelites oftentimes by their Judges made Insurrection against the Neighbouring Tyrants, by whom they were cruelly handled.
There is nothing that can be produced so wicked, so absurd, or so foolish, whereof an Example may not be drawn out of Sacred and Profane History: but these examples (Paraeus) prove nothing;Why the examples of Paraeus prove nothing. because they are all, either unlike, or false, or onely of Fact, or unjust in particular: From the Acts of the Judges, by Gods extraordinary command, he collects that ordinary rule. How falsly, learn of Saint Augustine upon Judges, cap. 20. This vain Argument is met with also, by the Author of that Book, de Regimine Principum, which is carried about under the name of Thomas Aquinas. It hath been thought by some (saith he) that it beseems the valour of couragious Men to slay a Tyrant, and to expose themselves to the danger of death for the Liberty of a Multitude; an Example whereof is had in the Old Testament; For Ehud killed Eglon; but this agreeth not with the Apostles Doctrine; [Page 41]for Peter teacheth us to submit with reverence, not onely to good and gracious Masters, but also to the froward; for this is thank worthy, if a Man for Conscience toward God, endure grief suffering patiently; whence it was, that when many Roman Emperours, did tyrannically persecute the Faith of Christ; and a great multitude both of the Nobles, and of the People were converted to the Faith, it was praysed, not for making resistance, but suffering death, lib. 1. cap. 6.
Exechias, the holy King, fell away from the Assyrian Tyrant▪ and when he raised War against him, he defended himself by Arms, 2 King. 18.
The King of Judah, subdued the King of Assyria, in a just War. Therefore it is lawfull for the Inferious Magistrate to remove the Prince, who is Supreame, for his impiety, phrensie, or tyranny, a very peremptory conclusion, not to be retorted with words, but blows.
It matters not, that these were Forraign Tyrants, for domestick Tyrants differ nothing from Forraigne; yea, they are the rather to be repressed, because they are perjured, and the more hurtfull.
Shall I beleive (Paraeus) that there was no difference [Page 42](as concerning the debt of duty) between the King of Judah, and the Subjects of the King of Assyria? not so truely, were you Pythagoras himself. Neither is that alwayes lawfull, in those things which are more hurtfull; which is lawfull, in those things which are lesse hurtfull. Seditious Preachers (the Baptist being Witnesse) are a Generation of Vipers; yea, peradventure much more hurtfull than Vipers, because Vipers doe but hurt the Body; those Preachers destroy both Body and Soule. Therefore as any man may slay a venemous Viper; so is it lawfull for any Man to slay those Tribune-like Preachers: A consequence that would prove fatall and destructive to Jesuits and Puritans; but to set down an absurdity is not to answer an Argument: I will therefore declare the unfitnesse of this Comparison between Domestick and Forraign Tyrants.The unfitnes of the comparison between forraign and domesticke Tyrants. Those Tyrants whatsoever, who have a Lawfull Power over us, we are commanded to obey, we are forbidden to resist. For there is no difference between a good Prince and a wicked Tyrant, found in Sacred Scripture; as concerning the honour, reverence, and service we are to give to them. It is not lawfull therefore to draw the Sword against them; because they who resist, resist God, and get to themselves damnation. No Law, whether Divine or Humane, hath set over us private Tyrants, Spoylers, Domestick or Forraigne Robbers; in no Obligation therefore are we bound to them, no service do we owe them; neither are we hindered by any reverence of Authority, or necessity of Subjection; but that we may smite them smiting us, and repell the injuries they offer us.
So the People resisted Saul when he would have killed his Sonne, 1 Sam. 14.45. Ahikam defended Jeremy the Prophet against the King Jehojakim, when he would have slain him, Jerem. 26.24. The Captains over Hundreds and the Princes took away Athaliah the Tyrant, 2 Kings 11. The Macchabees defended themselves and their Commonwealth, against the Macedonian Tyrants, &c.
How the People delivered Jonathan from Saul. The People delivered the Sonne of Saul from death, (when he was condemned by his Fathers sentence) not by Arms, but by intreaties: the People appeale to Saul and his own Conscience, in the presence of the living God; that laying aside the account he had of his Oath, he would have an account of the Law; as if they had said, is it according to Law, that he should receive the least harme, who (following God) hath wrought so great Salvation for the People? So Tremelius and Junius in their Annotations upon the place. The People delivered Jonathan, that he might not dye; whom the King slew not, being overcome with the instant request of the People. So Gregory the Great, in 1 Reg. cap. 4. Ahikam the cheif Magistrate under the King, defends the Prophet, not from the Tyranny of the King, but from the fury of the People; as is evident from the Text.How Ahikam defended Jeremiah The hand of Ahikam was with Jeremiah, that he might not be delivered into the hand of the People, to put him to death; the hand of Ahikam, that is, (Saith Tremelius) the Authority and Help: for Ahikam [Page 44]had been now a long time Councellor in the Kings Court, and therefore his Authority could do much, thus he. It is one thing to appease the Tumult of the People, by the Authority of the King; and another thing, to rise up against the King in a popular Tumult; that is the duty of a good Man and a faithfull Magistrate; this the part of a Rebell and Traytor to his Country. Of Athaliah I shall speak in due place. The Macchabees, were not lawfully subject to the Macedonian Tyrants, and therefore might freely defend themselves and the Nation, from the incursions of the Tyrants, and repell the injury offered them, by force of Arms. Weigh well (ye Academian youth) the strength of these consequences. The Judges, who (besides the right of supreame Government) had a speciall command from God, they slew their Enemies. King Ezekiah warred against the King of Assyria. Jonathan (at the deprecation of the People) escaped the punishment of death. Jeremiah is delivered by the hand of Ahikam the Kings Councellor, from the fury of the People. The Macchabees defended their Nation from hostile invasion. Therefore the Inferiour Magistrate may and ought to restraine the King. There is none amongst you so unskilfull in Logick as not to know, that these conclusions do no whit agree with their premisses. These vain Sophisticall Arguments therefore doe blemish Paraeus, either with grosse Ignorance, or notorious malice: if he sees not the Fallacies, he is as blinde as a Mole; but if wittingly and willingly he strives to cast this mist before your eyes, and the eyes of other young Students, he has the greater sin.
Thrasybulus cast out the thirty Tyrants out of Athens. The Romans, they banisht the Kings which ruled wickedly; they compeld the Consuls to lay down their Magistracy: they Judged and deposed Nero and Maximinus, who were Tyrants.
These Examples are onely of Fact, and do not infer any right; and because they are unlike, they conclude nothing.
The Electors deprived Winceslaus of the Empire.
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.
Lastly, Trajanus is praysed in Dion, because, that delivering [Page 46]the Sword to the Praefect of the Praetorium, he said; if I command things Just, use this for me; if unjust, against me.
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.
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.
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 [Page 47]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.
It is not lawfull for Subjects (meerly private, without a [Page 48]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.
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.
[Page 49]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.
Because this were to take the Sword away from God, and a thing not permitted by the Laws.
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.
Because the Subjects are bound to obey a wicked Magistrate, whilst they are not compeld to do any thing against God.
These Words are not clearly and plainly enough [Page 50]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 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 Antimonarchians 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.
In which case also, we must rather dye, than unlawfully resist. We have the Lacedemonians for an example; who, [Page 51]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.
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 Lawgiver, 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; [Page 50] [...] [Page 51] [...] [Page 52] 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.
By the Example of David, refusing to kill Saul a Tyrant, when it was in his Power to doe it, 1 Sam. 24.26.
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 Antimonarchians 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 [Page 54]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.
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.
Against these Positions which Paraeus undertook to prove, (and I beleive will prove,That is never. ad Graecas Calendas) he brought in the beginning of this Question, some places of Sacred Scripture, viz. Rom. 13.2. 1 Pet. 2.19. Math. 5. Rom. 12.4. & 17. 1 Pet. 3.9. All which he will have to be Spoken and Understood of meerely private Men. Calvin also found out this very way of evading: for after he had heapt up diverse Precepts, and Examples, [Page 55]out of both Testaments for Obedience he blows all away as it were at one blast. Of private Men (saith he) I alwayes speak; for if there be any popular Magistrates, appointed for the moderating the licenciousnesse of Kings (such as were in times past the Ephori, Tribuni, Demarchi, and which power is enjoyed by the three States in every Kingdom, when they sit in the That is, in Parliament. chiefe Assembly) I am so farre from forbidding such, to restraine that raging licentiousnesse of Kings; that I affirme, if they winke at Kings, who rage and insult over the poore Commons, they are not guiltlesse of wicked treachery, Jnstit. l. 4. cap. 20. sect. 31. Beza followes Calvi [...]. There is no other remedy (saith he) propounded to private Men subject to a tyrant, but amendement of life, and Prayers, and Teares, which the Lord in his time will not despise. But as concerning those Popular Officers, he answers in these words; This burden is layd upon the Superiour powers (such as are the Septemviri in the Roman Empire, whom they call Electors; and the State of the Kingdome in almost all Monarchies) that they restraine the raging Tyrants; which if they do not, they shall answer for their persidiousnesse as betrayers of their Country. Thus Beza in Conf. c. 5. p. 171.172. the Author of that Book called Vindiciae cont. Tyran. followes Beza: whose Words are these, Christ, because his Kingdome was not of this world, fled into Ægypt, and withdrew himselfe from tyranny. Paul, because he describes the duty of every Christian, and not of Magistrates, he teacheth to obey even Nero himselfe. qu. 3. pag. 203. 204. From this Fellow, of an unknowne Name, did Lambertus Danaeus draw his Polity. In a godly Common-wealth (saith he) Iudgment upon the Supreame Magistrate doth not belong to any one private man in the Common-wealth, [Page 56]not to one or other only of the Iudges, Magistrates, or Princes of the Kingdome; but to the whole States of the Kingdome. &c. de Politia Christiana lib. 6. cap. 3. p. 413. Bucan drawes this cord longer yet, and that which others attribute to all in generall, he to each one in particular. The Subjects (saith he) shall not rightly withdraw their obedience; yet notwithstanding, they who are in any part partakers of the administration of the common-wealth, as Governors, Senators, Consuls, States, or Tribes, ought to moderate the Ʋiolence of Princes, loco. 49. Sect. 76.
After him, in the next yeare following, wrote Joannes Althusius, Doctor of both Laws, that, All the Ephori together, are the Supream Magistrates Superiors, when representing the people, they doe any thing in the peoples name; But each of them severall is the Magistrates inferior. de Politicis cap. 14. pag. 142. and afterwards, The people have not the power of punishing the Magistrate; but the States only. pag. 161. Peradventure from him Paraeus borrowed that distinction, not from Tertullian, Cyprian, Nazianzen, Chrysostome, Ambrose, Augustine, Hierome, or any other of the Fathers, of the first or middle Age of the Church. Gregory (not the Great, but the wicked) Hildebrand delivered this burning Firebrand to our Politicall Divines.The divers names of the usurped power over Princes. Observe (ye Academians) amongst divers Men, the divers Names of this usurped Power. Calvin hath it, the popular Magistrates; Beza, the Superiour powers; Junius Brutus, the Nobles of the Kingdom; Bucan, the partakers of publick Administration; Althusius, the Ephori; Paraeus, the Inferiour Magistrates. So that amongst those Authors, I finde so many Names of that Power, as there are Heads of that Beast, Revel. 13.1. But letting Names passe, let us search into the Thing ir [Page 57]selfe. Peter long since said, be ye Subject to the King as Supreame. 1 Pet. 2.13. fy, St. Peter, fy! the King is not Supreame! the Inferiour Magistrates are Supreame! those Magistrates censorious Rod is ever to be feared by the King, being ordained for his Correction, Deposition, or Death; according as the Wrath of the Ambitious Nobility, or the Fury of the Provoked Multitude shall suggest. But howsoever the matter is, it shall be more safe to erre with St. Peters spirit, than to be otherwise opinioned with those Men. With your leave therfore (Paraeus) what Optatus Milevitanus wrote long since of Donatus, may I affirme of those Ephori. Since there is none above the Emperor, but God alone who made the Emperor; whilst the Inferior Magistrates do exalt themselves above the Emperor, they do as it were exceed the bounds of men; by esteeming of themselves as God, in not reverencing him; who, after God, is to be feared of men de schism. Donat. lib. 3. p. 85. which how well, and according to the Rules of a Common-wealth this done, I appeale to your own Conscience Paraeus, and so hasten to your last Proposition.
The fourth Proposition.
Yet is it lawfull for Subjects meerely private, in a present danger, to defend them and theirs against a Tyrant, as against a private Robber; if the Tyrant shall offer violence against them as a Robber or Ravisher; they not having the possibility of imploring the ordinary power; or any other means to avoid the danger.
Monstrous Doctrine! altogether unworthy to be Propounded, or to be refuted. Neither did it become Paraeus (ancient in years, and famous for learning) to deceive the Reader, with an undiscreet confusion of things, which are most disjoyned, and ought to be considered in a different respect. A Surgeon runns a man thorow, the same thing in the same manner is done by a Robber; the one deserves a Reward, the other a Haltar. Sometimes the Prince doth the same thing, and in the same manner that the Spoyler; as often as by force of Arms he reduceth into order an obstinate Enemy of the State, but not both by the same Right; because the Prince hath his Sword for revenge, which the Spoyler doth usurpe for Rapine. Whosoever therefore shall say, the Subject hath the same Right over the Prince that punisheth, that the Traveller hath over the Robber that spoyleth, he hath no forehead. But the Prince offereth violence to some man, upon a cause not sufficiently just, and lawfull; yea altogether unjust and unlawfull; namely, Saul to David, and the innocent Priests; David, to Uriah; Ahab, to Naboth; Joash, to Zachariah; Manasses, to Isaiah; Pilate to Christ; and peradventure, Theodosius to the Thessolonians. Under Saul, David, Ahab, Joash, Manasses, liv'd Preists and Prophets famous for their holinesse, inspired with the holy Spirit. Under Christ liv'd Zachaeus, and Nichodemus; Inferior Magistrates, men pious, and expert in Sacred and Politicall matters. No age brought forth more holy, or more orthodoxe Bishops and Priests, then under [Page 59] Theodosius; yet have they not made known to us this way of avoiding the Violence of Tyranny. It is, shall be, and hath been the common opinion of all Catholicke men, agreable to the Writings of the Prophets, the Precept of Christ, the doctrine of the Apostles, and the practise of Christians; that, the King which sins, hath God alone to take vengeance, from whom alone he takes his being; whose Court he cannot decline, and Judgement he cannot elude; he ought not to be violated by men, although he degenerate into a Tyrant, and abuse that power which he hath received from God. Which seeing it is so, it remains, that I weigh well what remains of your new Divinity.
Because, against whom defence by the Magistrate is lawfull, against them private defence is lawfull in case of necessity; when that which is done by the Magistrate cannot be had, because then, the Laws arme them also, who are private men. But in case of necessity defence is lawfull, by the Inferior Magistrate against the Superior, and by the Superior against the Inferior. Therefore, also then private defence is lawfull.
The absurdity of this reason concerning private defence. Paraeus follows his old wont. He confounds things different, and unlike, as if they were the same, and by comparing things different, he cunningly draws the unwary Reader into the Trappe. Those things which are invol'd by him in a multitude of words, I will declare [Page 60]more plainly. The sonne hath the same Power over the Father, that he hath over the Servant; the Wife over the Husband, which she hath over the Handmayde; the Servant over the Master which he hath over the Slave; the Marriner over the Ship-Master which he hath over the Pirate; The Subject over the Prince, which the Traveller hath over the Robber. He that proves this, shall be crown'd with Hellobore, and drinke till he surfeit, The purging Iuice that whole Anticyra affords.
That which follows; concerning the threefold Power of the Superiour against the Inferiour, and the Inferiour against the Superiour, and of private revenge against them both, is turned over and over, and with it's confused turnings, exceeds my capacity, neither have I what to answer. Yet the Divine Law hath; which is the Rule of our words and actions, which no man ought to swerve from. Concerning the King it is commanded, Destroy him not, for who can lay his hand on the Lords anointed & be guiltlesse? 1 Sam. 26.9. Christ the eternall Law-giver, and the faithfull Interpreter of the Law given; The Apostles whom Christ endued with the graces of the Holy Spirit, and with infallibility of Judgement, for the direction of all Christians: The truely Apostolicall Men, and all Christians, who in the time of the ten Persecutions, have illustrared the whole World with their Faith and Charity, and sealed the Orthodoxe Doctrine with their Blood: Christ, (I say) the Apostles, and Apostolicall Men, all patiently suffered Kings most infamou [...] for their Tyranny, Wickednesse, and Cruelties; and not onely patiently suffered, but also performed all Honour and Reverence to them; and taught all indifferently to doe the same, by Word and Example; Not [Page 61]for wrath, but for Conscience sake, as in the presence of the living God, who alone is the Witnesse (greater then all exception) of their innocency, and free Subjection. That which Christ taught, and did, a Christian ought not to gainsay; and if he doe (were he an Angell) he shall incurre the heavy course of an Anathema.
The King that Steward which the Lord, not the Servant may cast out.Besides, the King is the Minister of God, and that great Steward, which Christ hath set over his whole Family. If that Steward shall beginne (as that wicked Servant in the Gospell) to despise his Lord, to neglect his duty, to smite his Fellow-Servants, to eate, drinke and be drunken: it is not in the power of the whole Family, not of the Pope, not of the States of a Kingdome, not of the promiscuous Vulgar (if they be in the Family of Christ) to remove the Steward, constituted, and for over them all, by their Lord; the comming of him, that appointed him, is to expected; who alone can call the Steward to account, and put him out at his pleasure. Therefore (Paraeus) you do talke in vaine, of a lawfull Means to depose Kings. quest. 3. pag. 49. Yet neither can commend the Author nor designe the Executor, nor determine the forme thereof. I inquire for the Authour in the Word of God, not in your Commentary's; which being without witnesse, is without Reason and deserve no beleife. I desire the executour, not confirmed by humane Appointment, but by Divine Authority. It is Adulterate, Impious, and Sacrilegious (saith Cyprian) which is instituted by humane presumption, that the divine ordinance should be violated. That which you inculcate concerning the Brethren of the Kingdome, is a meere Dotage, and has no being but in your braine. God is not the Authour of this Anarchy, neither may man be [Page 62]the Executor. One man compared with another, is either his Superiour, his Equall, or his Inferiour: the Superiour is no way's Subject to the Inferiour; the Inferiour is every way Subject to the Superiour, and an Equall has no Rule over his Equall. That the matter may be the more evident in this Supposition, view well the Jewish Polity,The manner of the Jewish Polity. with the degrees and order thereof; the Decurians are above the people; the Quinquagenarians above the Decurians; above them, the Centurians, over whom the Tribunes bear rule; over them the Seventy Elders; of whom Moses alone is Judge: who is Subject neither to each severall, nor to all joyntly, but to God alone. He himselfe (that I may use the words of Ambrose) was held by no Laws, because Kings are free from the bonds of offences; and are not cal'd to puishment by any Laws being, secure in the power of their Empery. Thus he upon the 50 Psalme.
As concerning the Meane themselves; I deny not, but that there are some ordained by Christ; which the Saints long since have used,The meanes to avoyd or destroy Tyranny. and Christians ought alwayes to use: such as are Flight, Patience, Prayers and Teares. Christ himselfe sought his safety by Flight; The Martyrs offer'd up their Soules to God with patience, and by Patience the Confessours preserv'd the Faith entire. By Prayers the Sons of the Church have still overthrown the Tyrants, whose Ensigne-Bearer, and Captain of the Lords Host Saint Ambrose has these words. I know not how to warre, I know how to greive. I can weepe, I can mourne; against Arms, Souldiers, Gothes, my teares are my we apons, otherways I neither can nor ought to resist. In his Oration against Auxentius, post Epist. 32. Basil the great well appointed for Battell, I will not (saith [Page 63]he) betray the Faith through the losse of Goods, through Banishment or Death; I have no wealth more than a torne Garment, and a few Bookes; I sojourne on Earth, as ever about to leave it; my weake Body having received one stripe, will over come the sense of Paine and all Torments. In Lonicer. theatr. historic. pag. 154.
To him adhears Chrysostome, no light-armed Souldier, When I was driven from the City, I said within my selfe, if the Queen will have me a Banished Man, let her banish me: the Earth is the Lords and the fulnesse thereof; and if she will cut me into two, let her cut me; Isaiah suffer'd the like, if she will cast me into the Sea, I will call to mind Jonah: if she will cast me into the Furnace, the three Children suffer'd the same: if she will throw me to the Wild Beasts, let her throw me, I will remember Daniel cast into the Den of Lyons. If she will stone me, let her stone me; I have Stephen the Proto-Martyr my companion. If she will take away my head, let her take it; I have Iohn Baptist my Companion; and if she will take away my Substance, let her take it; naked came I out of my Mothers wombe and naked shall I returne. in Epist. ad Cyriacum.
Let Bernard that stout Champion come upon the Stage; Whatsoever you please to doe with your Kingdome, with your Soul, and your Crown; we the Sonns of the Church can by no means dissemble the injury's, contempt, and trampling upon our Mother. Verily we will stand and fight unto Death (if need be) for our Mother, with those arms that are lawfull, not with shields and with swords, but with prayers and teares unto God. Epist. 221. Those men scarce hoped for Glory in the (Heavenly) Country, unlesse it were by patience in the way (on Earth:) they would not be delicate [Page 64]Members under a thorny Head. Since Paraeus is conceited otherwise, let him raise himselfe a Ladder, that he may climbe up to Heaven alone.
Because, to take away publicke or private defence, against the horrible cruelty of Tyrants, were to confirme their licentiousnesse infinite; whereby civill Society would be plainly destroy'd, and especially the Church, because the worse part would take away the better.
Publique or private defence by Arms, how dangerous. The second Reason, is grievous to Kings, unprosperous to Subjects, and odious to all Peaceable Men; because it will make the multitude so insolent and unruly, that they will obey neither the Laws, nor their Kings, if they shall displease them, and will open not a Window onely, but even a large Gate to men, for the still devising and attempting new Matters, under the pretence of restoring the Common-Wealth. For the reverence of Supreame Power being taken away, and Majestie contemn'd, wicked hands will soone be upon any man, and the best Kings shall perish by the same fate, that Tyrants; So in humane things there shall be nothing kept sacred, or inviolate; as the Ancients have observed, and they who are now alive do perceive and bewaile. The Society of men is made firme, and the communion of Saints preserved not by Humane Prudence, but by the Divine [Page 65]Providence; that it cannot be destroyed by any [...] elty of Tyranny. He that is our God doth permi [...] [...] ranny when and how long he will's; and doth dispose of the Ministry of Tyrants to the Punishment of Impiety, and Tryall of Faith: Neither is he lesse mercyfull and gracious, when he castneth our offences by cruell Tyrants, for the salvation of the perishing Soule; than when he bestow's Blessings upon us by mercyfull Princes, for the comfort of this present Life. Neither can the worse part take away the better; because God will not give his holy ones as a prey unto their teeth, who casts his Vessell into the Furnace of Tribulation, to strengthen not to breake it. and Tyranny doth keepe under Gods people, that they may be pressed for their amendment, not oppressed for their ruine; whence Theodoret saith, As often as Tyrants sit at the sterne of the Common-Wealth, or cruell Lords administer the Houshold affaires, the wrath of God is to be appeased, by holy Prayer, and serious amendment of Life; and a mitigation of the present difficulties and troubles is to be prayed for. Thus he, de provident. orati. 7. which good and wholesome Remedy the ancient Christians had try all of, whose Glory was in the Crosse,How the ancient Christians behaved themselves under Tyrants. and whose Triumph was in Patience; who as long as they could, they willingly enjoyed the benefit of Life; and when they could not, they willingly endured the sharpenesse of Death; alwayes faithfull to their God, in under going Martyrdome, least they should offend the Divine Majesty: Loyall to the King; not, in doing the Sinne he commanded, but in suffering the Punishment he inflicted. Paraeus, he describes a Remedy worse than the Disease; wherewith, as it were with a Butchers Knife, he cuts off the King from the Common-Wealth, [Page 66]and makes the inferiour Members to rule over the Head, even against Nature; by subjecting the Supreame Magistrate to the ordinary Power of the Inferiour Magistrate, and when this Power cannot be implored, to the private revenge of the Tumultuous People which Remedy God did neither institute before the Law, nor establish in the Law, nor vouchsafe by the Prophets, nor reveal by Christ, nor promulge by the Apostles, nor publish by the Catholike Fathers, nor decree by Orthodox Councells, whereby I the more wonder, that this man, (of no small learning, and verst in the Sacred Scriptures, Ancient Fathers, and Ecclesiasticall History) should so rashly turne aside from the Law of God, the Gospell of Christ, the Doctrine of the Apostles, and opinion of the purer Church, to the errour of the Modern Anti-Monarchians.
Without doubt, the Law of God doth not so establish the licentiousnesse of Tyrants, that in the meane time humane society be destroyed
Note. God shall henceforward sit idle in Heaven, neither taking care of the Earthly Kingdomes, nor holy Church; let all perish, and come to ruine, if the Ambitious States, or Seditious Commons do not come in to helpe. What else is this, but to exalt the Arm of Flesh, the Wisdome of this World, the humane (that I may not say Devillish) Power above God himselfe, and against his divine [Page 67]Ordinance; to the subversion of Piety, the destruction of Peace, and ruine of all Common-Wealth. All Lawes are either given by God, or established by Man, that men may live peaceably and holily in a Common-wealth; and that those things may be avoyded which doe hinder either Peace or Holinesse, I appeale to your own Conscience Paraeus, is it not better, safer, and securer, to the propogation of piety, and preservation of peace, to suffer the Tyranny of one (though more cruell than Nero) than to set all the Members of the Common-Wealth at odds, and to cast the whole State upon the greatest and most certain Dangers. For the King cannot be so destitute and forlorne, but that he will have many of the States of his Kingdome to be joyned with him, and companions of his 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 [Page 68]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 [Page 69]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 [Page 70](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 [Page 71]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 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 [Page 72]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 [Page 73] 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.
- [Page 74]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 theThe 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, Although he be the Vicar of God. Baldus C. lib. 6. tit. 8. de jure aureorum annulorum. Gods Vicar on earth, [Page 75] Jacobus Omphalius lib de officio & potest. princip. c. 10 the living Law, The Prince hath the fulnesse of Power. Baldus again lib. 4. tit. 52. de commun. rerum alienat. the fulnesse of Power, 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 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; 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, 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, 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 l. 3. bene a Zenone C. lib. 7. tit. 37. de quadriennii proscriptione. the power of the Prince is not to be restrained, The Prince is bound to no forme, neither is a Reason to be required of him, why dost thou so? (Baldus C. lib. 7. tit. 50. sententiam rescindi non posse: l. 3. impetrata.) Because seeing the King is the Cause of Causes, a cause is not to be required of his power▪ since that of the first cause there is no cause giuen. So Baldus again decret. l. 2. tit. 16. Ʋt lite prudente nihil in novetur. upon 3 Eccles. num. 7. if the Prince shall do any thing out of the fulnesse of Power, no man may say, why dost thou so?
Lastly, William Barclay doth inferre from Bartolus, Baldus, Paulus, Castrensis, Lodovicus Romanus, Alexander, Felinus, Albericus and others; That the Prince upon certaine knowledge can doe all things, above the Law, without the Law, and against the Law, the Prince alone may constitute an universall Law, the Prince oweth an account to God onely. The Prince is free from the Laws. And it is a rash thing to desire the Royall Majesty should be limited with any bounds. contra Monarchum. l. 3. cap. 14.
There are more of this sort in Pet. Greg. Tholosan. de Repub. throughout his sixt book. In Adam Blacuodaeus in his Apology for Kings c. 25. & 31. and in Adrian Saravia de imperandi authorit. lib. 2. c. 16. & 17▪ from whence it doth necessarily follow, that the authority of the People is nothing, the authority of the Inferiour Magistrate is above the People, but below the King; by whom he is, and to whom he is Subject: but the Royall authority is free and absolute. For that Power is free which cannot be condemned by mans judgement, nor ought to be compelled: and the absolute power, is (under God) Supreame, in every part perfect, which can neither be encreased, nor ought to be deminished without offering injury to the divine Diety, because God is the [Page 77]Author and Ordainer of it. For where there is a Majority, there is a power of commanding; to the rest there remains a necessity of obeying; as the Lawyers speak.
The fourth Reason from the Cannon Law.
Many things are alledged in the behalfe of Kings even from the Cannon Law also, against the insolent haughtinesse of the Pope. First it is infer'd; that the secular Princes are not subject to the Pope; because God hath disposed Secular affaires not by the Pope, but by the Emperours. dist. 8. cap. quo jure. Innocent the third doth acknowledge the authority of the Kings of France, which he neither intends to disturbe or deminish. de judiciis cap. Novit. the same Pope also confesseth, that the same King hath no Superiour in temporall things. qui Filii sunt legittimi. cap. per venerabilem. Honorius the third presupposeth himselfe a fit Judge concerning the birth-day of the Queen of Cyprus: but judgement concerning the right of succession (he confesseth) doth belong not to the Pope, but to the King. de ordin. cognit. cap. Tuam. Allexander the third, he would not take knowledge of the possessions of some English men contending before him, least he should seeme to detract from the right of the King of England. Qui Filii sunt legittimi, cap. Causam.
To whom knowledge concerning the Rights of private men doth not belong; he ought not to judge of Kings, and their Royall Crownes, and Kings who would not acknowledge the Roman Bishop, (bearing himselfe the Vicar of Christ and the Universall Bishop) their Superiour; they will not endure the States of the Kingdome, [Page 78]or the promiscuous multitude (a wilde beast of many heads) to be above them. You will say, what then? shall the Royall Majesty be immense inclosed with no Limits? not liable to be punished by the Pope, nor by the Nobles of the Kingdome, nor at least by the whole multitude? not at all. The King has the place of God on Earth, and hath his authority from Heaven; he acts the Person, and beares the Image of the eternall King: to whom alone he is bound to render an account of his words and actions; being secure from all constraint thorow the Majesty of his Royall Dignity. Which I shall evince by most firme reasons drawn out of the old and new Testament.
The fift Reason from sacred Scripture
What High Preist▪ what Synode of Preists; what Senate of the Nobles, or what promiscuous Multitude ever excercised the ordinary Power against Saul defiled with all impiety? against David guilty of Adultery, and Murder? against Solomon guilty of Poligamy and Idolatry? against other Kings of Judah, and Israel, miserably profaning the Temple of God, wickedly polluting the divine Worship, drawing the People in heapes to Idolatry, drunken with the blood of the Priests, of the Prophets, of the Nobles and all innocent Men; even most defiled with all kind of wickednesse? David he spared Saul, and because he had cut off the skirt of his Garment, his heart smote him & he greatly trembled. Ieremiah taught the Captives not to fight against the King, but to pray for the King. Ahasuerus had by his publicke decree destinated all the Jews unto slaughter, at an appointed [Page 79]day; the People fortified themselves with Prayers, with Teares, with Fasting, with Sackcloth and Ashes; not with Revilings, not with Lyings in wait, not with Treasons, not with Arms. Mordecai did not admonish the Queen to take away the Tyrant by poyson, but by fastings and prayers to God, and humble supplication to the King, to avert the heavy falling of that mischeife which hanged over them: which Buchanan doth not deny, in whose seditious dialogue concerning the Right of Kings with the Scots, are these words; The Kings of the Jews were not punished by the Subjects, because from the beginning they were not created by the Subjects, but given them by God, by the best right therefore he that was the author of the Dignity, the same should be the exactor of punishment. Thus Buchanan.
But seing he could not well unloose this knot; he cut's it into two with the sword of a Lying tongue; to wit, That the Scotch Kings are not given by God, but created by the People; and that whatsoever right they challenge to themselves, they have it from the Commons; and that the Multitude has the same right over the Kings which the Kings have over each one of the Multitude. Tell me Buchanan, I pray; why shall not the Kings of all other Nations have the same immunity that the Jews? they also have no Authour, and accknowledge no Authour but God. Moses doth witnes that God the Creator of the whole World, presently after the Flood, ordained the Sword to be the avenger of Bloodshed; and established Servitude to be the punishment of the Father that was mocked. In which all the parts of civill Jurisdiction, and Royall Power are Synecdochically understood. Job also doth witnesse, that God alone it is who unlooseth the bond of Kings, [Page 80]and girdeth their loynes with a girdle. I suppose he speaketh concerning the Kings of the Gentiles, the Polity of the Jewes, was not as yet constituted by the hand of Moses, by me Kings raigne, and Princes decree justice, saith the Holy Ghost, Prov. 8. Christ witnesseth that Pilat's power was given him from Heaven. Saint Paul hath writ, that there is no power, but of God. From him is the Emperour, from whom he is Man, before he be Emperour, saith Tertullian. From him he hath his power, from whom he hath his spirit: And as Irenius hath it. The Earthly Kingdome is appointed by God for the benefit of the Gentiles, and by whose command Men are borne, by his command Kings are made. Augustine is yet more plain and more full. It is God alone, who gives earthly Kingdomes both to the good and to the bad, and this not rashly, or as it were by chance, because he is God; but according to the order of things, and of the times; hidden from us, but most open to himselfe. Thus Augustine de Civ. Dei. lib. 4. cap. 33. Yet do the Papists and Puritans devise many things out of the Scriptures, (a thing usuall with Hereticks) contrary to the genuine meaning thereof; with which I will not detaine you; they are so unsound and unsavory that they will deceive no man, but such an one, as is voyde of Reason, or altogether ignorant of ancient History.
I have already spoken of Paraeus. Bellarmine, and Danaeus, do most of all insist upon Examples of the tenne Tribes who revolted from their naturall King to a man of servile condition of the Men of Libnah, and the Edomites, who rebel'd against Joram. And of the Kings Amaziah, Ʋzziah, and of the Queeen Athaliah, to which I answer: The defection of the tenne Tribes [Page]from their naturall King to Jeroboam; the Rebellion of the Edomites, and of the men of Libnah; and the slaughter of Amaziah by the men of Jerusalem, doe containe the Truth of the thing done, but not the equity of the fact, as Augustine most truly. We may not therefore believe a thing must be done, because we reade that it hath been done; least we violate the Precept, whilst we follow the Example. In the History of Ʋzziah and Athaliah, I see no difficulty; nothing is there done, which is not according to the equity of Reason, and the prescript of the Law. Ʋzziah being diseased could not be conversant in the affaires of the Kingdome; by reason of the contagiousnesse of his disease he is removed from the company of the Courtiers, and assembly of the People. In the mean while his Sonne govern's the Common-wealth in his Fathers stead, yet before the death of Ʋzziah, he neither affected the name nor assumed the title of King. And as for Athaliah, Jehoida the Chiefe Preist shewed the surviving Sonne of the deceased King (whom he had six yeares hid from the fury of Athaliah, the Murderesse of the Royal ofspring) to the Princes and Centurions whom he had gathered together at Jerusalem. They all acknowledge the Child their true King; being so acknowledged they crown him, being crowned they salute him with joyfull acclamations, God save the King: after that, neither by their own, nor by the Priestly Authority, but in the name of the lately crown'd King they deposed Athaliah, as guilty of Treason and Murder, by force and arms. Jehoiada acted the chiefe part, but not as chiefe Priest, but as chiefe of the Tribe of Levi, being ancient in yeares, expert in the divine Law, provident against the dangers which are imminent, the Preserver [Page 82]of the young King and the next Kinsman. The law of God doth not permit to touch Kings with a violent hand, to revile them with a rayling tongue, or to thinke of them with a malicious heart. The Gospell of Christ forbids resisting. Tyrants; Peter and Paul forbid resisting Persecutors and Slayers of Christians. Bellarmine answers, that Laicks of what order or dignity soever they are, are thus bound by the Law, Gospell and Apostolicall Precepts, but not the Roman Bishop▪ the Vicar of Christ, and the universall Lord of the whole World for which he is stiled by Danaeus, the grand Impostor, a flatterer of Capitoline Jove a Lyor, a Blasphemer, and a Mad-Man. But (saith Paraeus in his foresaid book, pag. 49. The Pope and the Church have not power to depose a King that is an Infidell; because deposing ought to be according to the Laws. But the Laws do not grant this power to the Pope and to the Church, but to the Brethren of the Kingdome. (and as Danaeus hath it) it belongs to the godly States in every Common-wealth to chastise those Kings which offend and depose those which are obstinate. The Pontificians againe cry out, a Puritan, by whom he is stiled an Atheist a Politician, and Seditious; and affirme that this power of chastising Kings and deposing them, doth no wayes properly belong to the Barons, or Peeres of the Kingdome or to the Multitude, for the defect of coactive Jurisdiction▪ which Vassalls (for so they speak) have not against their Lords. So Jaco. Anthon. Marta▪ de jurisdict. lib. 1. c. 23. num. 18. and Carerius de potest. Pontif. lib. 2. cap. 3. num. 6. Whether (Learned Sirs) will you have the Pope, or the Popular State, the Avenger and Judge of wicked Kings. Neither (I confesse ingeniously) doth [Page 83]please me. But that I may ingratiate my selfe into their favour, whom I so lately provoked, I suppose both opinions to be true, that all Kings Emperours and supreame Magistrates are obnoxious to the Pontifician, and to the Tribunitian Power. Yet that any man be justly condemned, the course of the Court it selfe doth require these two things: the desert of the Crime, and the order of Power, I would have those Puritan-Papists to tell us, from whence this Pontificiall, and Popular power is.
Without doubt it is not from Christ, who yeilded both obedience and tribute to Tyberius Caesar, no good Emperour; who reproved Peter smiting with the sword and commanded him to put it up. Not from Paul who will have every soule subject to the higher Powers. Not from Peter who subjecteth all, without difference, to the King, and to those (not Tribunes which are constituted by the People, not Legates which are sent out from the Pope,) but Magistrates which are appointed by the King: from whence it necessarily followes; that all coactive power, and secular dignity doth issue from the King. whose sacred Majesty he that violates, shall be guilty of treason not so much against the humane as against the divine Majesty, and what Bernard long since said, (ad Archiepiscop. Senonens.) may I now say to the Commonalty and Nobility; Let every Soul be subject; if every soule, then yours; who hath exempted you from the generallity the that endeavours to exempt attempts to deceive; rest not upon their councells who though they be Christians, yet thinke it a disgrace either to follow the example, or obey the precepts of Christ. Epist. 24.
The sixth Reason from the Authority of the Fathers.
In the primitive Church of an unspotted faith, beautified with candid innocency, and purple Martyrdome there is a deepe silence of this power. Indeed those Ancients choose to suffer any thing for righteousnesse-sake, and to be crowned with Martyrdome, rather than by repelling violence with force, or by resisting publicke Anthority to be accounted guilty of impiety against God, or rebellion against the Emperours.
Justin Martyr in his Apology for Christians to Antonius Pius describes the duty of Subjects. That we may worship the true God (saith he) we willingly obey you Emperours, whom we acknowledge Kings and Princes, and we pray that there may appeare in you equall wisdome joyned with your Royall Power. Tertullian also to Scapula President of Carthage. Concerning the Majesty of the Emperour we are defamed, yet cannot the Christians be found to be either Albinians, Nigrians, or Cassians; a Christian is no mans enemy, much lesse the Emperors; whom (knowing him to be constituted by God) it is necessary that he reverence, and honour, and that he desire his safety, with the whole Roman Empires, we reverence the Emperour therefore, as second to God; and what he is, he hath received from God, inferiour onely to God, &c. The same Author in his Apologeticke relates the prayers and devotions of the Christians; For the Emperour persecuting the Church; The Christians with their Arm's spread because they are innocent, with their heads bared because they blush not; lastly from their hearts they pray for all Emperours, a long life, a secure Empire, a safe home, Valiant [Page 85]Armyes, a faithfull Senate, a loyall People, a peaceable World, and whatsoever is the desire and wish of Man, and of Caesar. The Founders of the Presbytery, were wont to pray otherwayes in Scotland. From the Guysian blood good Lord deliver us. The most desperate Contrivers of that Powder-Treason, prayed otherways in England, whom I think it were fit they were parg'd with Hellebore rather then refuted with Reason.
Holy Athanasius speaking of the supreame Empery of Kings hath these words (ad Antioch. quest. 55.) As God is King and Emperour over all the World, and doth excercise a power over all things which are in Heaven and in Earth; so is the Prince and King set over earthly things, who of his owne accord doth what he will, even as God himselfe.
The day would faile me if I should recite to you the testimonies of Ignatius, Arnobius, Iraeneus, Lactantius, Ambrose, Hierome, Basil, Hillary, Chrysostome, Nazianzen, Cyrill, Optatus, Milevetanus, Leo the first, Fulgentius, Gregory the first, Bernard and others. And Augustine shall be one for all, Epist. 42. (ad fratres Madaur.) Ye see the Temples of Idols, partly decayed without repaire, partly thrown down, partly shut up, partly changed to other uses, and the Idols themselves either broken, or burnt, or destroyed, and the very powers of this world, (which sometime for these Idols sake persecuted the Christian people) overcome and subdued by Christians, not resisting but dying.
The seventh Reason from the Authority of Protestants.
The Protestants vary not an haire's breadth from the [Page 86]Doctrin of the Ancient Church. Yet is it an usuall thing with the Papists, to accuse the Church (purg'd from the dregs of Popery) both, of defection from the Catholike Faith, and of Sedition in a constituted Polity. Hear from Cardinall Alanus the common calumny of the Papists (in respons. ad Jnstit. Brittan. c. 4. The Protestants (saith the Cardinall) desperate and factious men, So long as they have Princes and Kings indulgent to their wills, they know well how to vse that prosperous estate of Fortune but if their Princes crosse their desires, or the Laws be against them, presently they breake the bonds of Loyalty, despise Majesty every where, they rage with Slaughters, Firings, and Plunderings, and run headlong into the contempt of all divine and humane things. Thus he. To the wiping off this foule calumny, I will set down a few sayings of a few men, that the Adversryes may blush, if they have not wholly cast off all shame of Man, and feare of God. As for the followers of the Presbytery, I number them with the Jesuits (whose manners they imitate) rather then with the Protestants, I call God to witnesse, I never yet found any man devoted to the Idol of the Pre [...]bytery, who was not as great an anemy to the Regall Majesty, as to the Episcopall Dignity.
Sleidan doth expresse the opinion of Luther at large, com. lib. 5. From whence I have taken these few words; No man (saith Luther) who moves Sedition can be excused, although he have a just cause; he must repaire to the Magistrate, and attempt nothing privately. All Sedition is contrary to Gods precept, who disalowes and detest's it. Thus he.
Philip Melancthon neither thought, nor spake otherwayes. Although it be the Law of Nature to repell force [Page 87]with force; yet is it not lawfull by force to repell the force exercised by the Magistrate. Although we seeme to promise obedience, upon this condition, if the Magistrate command things lawfull; yet is it not therefore lawfull to repell the unjust force of the Magistrate by force. Although Empires be obtained and possessed by wickednesse, yet the Ordinaion of the Empire is the worke of God, and the good creature of God. There is therefore no force to be taken up against the Magistrate. These words hath Melancthon in Luther, Tom. 1. pag. 463.
Brentius dissents not from them, the Government of a Prince (as he hath it in Resp. ad Art. Rustic.) may be evill two wayes. First when any thing is commanded contrary to the Faith, as to renounce God. Here is the Apostl's saying good, We must obey God rather than Man. Let not the Subject by any means use violence against the Magistrate; let him suffer any evill patiently, let him not strike again, but be quiet, and suffer any discommodity rather than obey his wicked commande. Secondly the Government of a Prince may be evill, when any thing is commanded contrary to publike Justice; of which sort is the exaction of a mans goods, or the punishing of his body; in those kinds of injuries Obedience becomes a Subject: for if he betake himselfe to Arms, his sentence is past, he that smiteth with the sword shall perish by the sword. Thus Brentius
Under Henry the eight, Cranmer Arch-Bishop of Canterbury, together, with the Bishops, and other the the more famous Divines of the Kingdome, in a booke concerning the Institution of a Christian man, hath these words. If Princes shall do contrary to what their duty requires, they have not in this world any Judge set over them by God; but are to render an account to God who hath [Page 88]reserv'd to himselfe alone, the judgement of them. But it is horrible wickednesse for the Subjects to raise Sedition or Rebellion, although their Princes be evill. But God is to be pray'd unto, in whose hand are the hearts of Kings, that he would alluminate them by his Spirit, whereby they may rightly use the Sword committed to them, to Gods glory. Thus they.
Least any man should slanderously report that this 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 [Page 89]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 [Page 90]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 [Page 91]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.
Feare God, Honour the King.