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<DATE>2010-07-19</DATE>
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<NAME>Megan Marion</NAME>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<PB REF="1" MS="y">
<P>ANTI-PAR&AElig;US, OR, A Treati&s;e in the Defence of the Royall Right of <HI>KINGS:</HI> Again&s;t <HI>Paraeus</HI> and the re&s;t of the Anti-Monarchians, whether Presbyte|rians or Je&s;uits.</P>
<P>Wherein is maintained the unlawfulne&s;&s;e of oppo&s;ing and taking up Arms again&s;t the Prince, either by any private Subject, inferiour Magi&s;trate, the States of the Kingdom, or the <HI>Pope</HI> of <HI>Rome.</HI></P>
<P>Confirm'd from the dictate of Nature, the Law of Nations, the Civill and Canon Law, the Sacred Scrip|tures, Ancient Fathers, and Prote&s;tant Divines.</P>
<P>Delivered formerly in a Determination in the Divinity Schooles in CAMBRIDGE, <HI>April</HI> the 9^t^h^. 1619. And afterwards enlarged for the Pre&s;&s;e by Learned D^r. OWEN.</P>
<P>Now Tran&s;lated and Publi&s;hed to confirme Men in their Loyalty to their King, By <HI>R. M.</HI> Ma&s;ter in Arts.</P>
<P>Printed at <HI>York</HI> by <HI>Stephen Bulkley,</HI> 1642.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2">
<PB REF="2">
<HEAD>To the Honourable S^r. THOMAS GLEMHAM KNIGHT, Collonell Generall and Governour of the CITY of YORK,</HEAD>
<OPENER><SALUTE>Sir,</SALUTE></OPENER>
<P>A Bre&s;t Fortified with Loyalty is the CITY of Refuge this Worke flyes to, whereof your Noble Selfe being Governour, it craves with Boldne&s;&s;e a Gracious Entrance, and doubts not of your Favou|rable Protection. If my particular Duty did not engage me, your Noble Worth would &s;oone Invite me to Dedicate my Labours to your Honourable Patro|nage; for who &s;hall better Patronize that Worke who&s;e Subject is Loyalty, than he who is a Loyall Subject? who better
<PB REF="3">encourage the Pen in the Cau&s;e of Kings, than he, who with Glory hath engaged his Sword in the Kings Cau&s;e? But Sir, I will not detract from your Worth by pre&s;uming to declare it; being a thing bet|ter known by your Actions, than I can expre&s;&s;e by Words. Onely this; while&s;t this CITY gloryes &s;o much in being under your Government, the Souldiers under your Command, give the Scholler leave to glory in being under your Patronage. Goe on Sir in your Loyalty to the Crown, and God &s;hall Crown your Loyalty, let your aime &s;till be Gods Glo|ry and your Soveraignes Honour; and that &s;hall make for your Soules Happy|ne&s;&s;e, and this Kingdomes Peace. Sir,</P>
<CLOSER><DATELINE>York, <DATE>March the 10. 1642.</DATE></DATELINE>
<SIGNED>Your mo&s;t humbly Devoted Servant, <HI>R. MOSSOM.</HI></SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="3">
<HEAD>To the Reader, wi&s;hing Loyalty and Peace.</HEAD>
<P><HI>COurteous Reader,</HI> If thou enquire&s;t after the Author, know he was a Man of &s;o much Piety as to write nothing but what his con&s;cience told him was the Truth; and of &s;o much Learning, as to maintaine the Truth he writ. How&s;oever, then, thou do&s;t cen&s;ure the weakne&s;&s;e of the Tran&s;latour, yet ca&s;t no a&s;per&s;ion upon the Authour. Let him Re&s;t, who is de|parted to his Eternall Re&s;t, and hath left this Worke as a Lecture of Loyalty, which if thou reade&s;t &s;hall either helpe to convince thy Con&s;cience or (without Repentance) to con|demne thy Soule.</P>
<P>Take heed therfore to thy &s;elf, that whil&s;t thou re&s;i&s;ts a Gra|tious King thou re&s;i&s;t not the Holy Spirit too, who is the Spirit of Truth. It is as well out of love to thy Soule, as du|ty to my Soveraigne, that I have publi&s;hed this pre&s;ent Trea|ti&s;e in thy Mothers Tongue. That if thou ha&s;t lift up thine hand again&s;t thy King in Rebellion, thou may&s;t lift it up again to God in Prayer for Pardon; and that as thou de&s;i|re&s;t to profe&s;&s;e thy &s;elf a true Chri&s;tian, thou may&s;t declare thy &s;elfe a true Subject. This Worke was written above twen|ty yeares &s;ince, and therefore free from the prejudice of the Times, envy and flattery. And know &s;uch hath bin my faith|fulne&s;&s;e in the Tran&s;lation, that I have rather cho&s;en to lo&s;e of the Lu&s;tre of the Stile, than to detract from the Sincerity
<PB REF="4">and Truth of the Matter. The Language is plaine, being intended (e&s;pecially) for the &V;ulgar, who mo&s;t need in&s;tru|ction in this le&s;&s;on of Loyalty, their di&s;obedience ari&s;ing from their Weakne&s;&s;e, though others from their Wilfulne&s;&s;e, who&s;e Judgement will be the greater. Let me prevaile with thee <HI>(Chri&s;tian Reader)</HI> to lay a&s;ide all private Re&s;pects, which may prejudice the Truth of this Worke, for Saint <HI>Augu&s;tines</HI> rule is mo&s;t firme, <HI>quamdiu blanditur &s;ibi &amp; dulcis e&s;t ini|quitas amara e&s;t veritas,</HI> Truth will ta&s;te bitter to that Palate which plea&s;eth it &s;elfe with the &s;weetne&s;&s;e of Impiety. Do thou with as much Sincerity read, as the Authour writ, and when thou art convinct in judgement how great an Impiety it is to ri&s;e up again&s;t a mo&s;t Wicked Prince; con&s;ider what an height of Impiety they ari&s;e to, who ri&s;e up again&s;t a mo&s;t Pious King? if they receive to them&s;elves Damnation who re&s;i&s;t a <HI>Nero,</HI> a per&s;ecuting Emperour, what &s;hall they receive to them&s;elves who take up Arms again&s;t our <HI>Charles,</HI> a mo&s;t gracious Soveraigne? if it be a Sinne to oppo&s;e that King who violates; how great a Sinne is it to injure thy King who protects the Laws of the Kingdome? I will not de|tayne thee longer from that Satisfaction thou &s;halt receive in peru&s;ing this Booke; there thou &s;halt find all the Adver|&s;ary's objections fully an&s;wered; the truth it &s;elfe fully clea|red; be obedient to the Truth and I doubt not but thou wilt be loyall to thy King. If otherwi&s;e, take this with thee at thy Farewell. <HI>Qui in&s;urgit in Chri&s;tum Domini, in&s;urgit in Dominum Chri&s;ti:</HI> he that ri&s;eth up again&s;t the Anoyn|ted of the Lord, ri&s;eth up again&s;t the Lord of the Anoynted.</P>
</DIV1>
<DIV1 TYPE="preface">
<PB REF="4">
<HEAD>The Preface.</HEAD>
<P>AFter that the People of I&s;rael had e&s;ca|ped the darkene&s;&s;e of &AElig;gypt, and the Wilderne&s;&s;e, they were infe&s;ted from the Ea&s;t by the Ammonites, from the We&s;t by the Phili&s;tines, from the North by the A&s;&s;yrians, and from the South by the &AElig;gyp|tians; So even now the Faithfull Flocke, is every where from every place Impugned, whil&s;t Tyranny rageth, Here&s;ie prevaileth, Schi&s;me over&s;preadeth, Hy|pocri&s;ie deceiveth, and all Impiety encrea&s;eth, again&s;t the &s;oundne&s;&s;e of Faith, the fervour of Charity and the integrity of Life; to the &s;educing (if it were po&s;&s;ible) the very Elect of God, whom Chri&s;t hath committed al&s;o, to the Tru&s;t of Kings, by who&s;e Laws the Church is fortified, and by who&s;e Arms &s;he is defended; again&s;t the incur&s;ion of the Enemyes, the perfidiou&s;|ne&s;&s;e of Here&s;ie, the divi&s;ions of Schi&s;me, the flattery's of Hypocri&s;ie, and the corruption of Manners. De|ceitfull Mini&s;ters leave no &s;tone unmoved, that they may exclude the King from the charge committed to him, which they endeavour, by denying the Authority Regall in matters Eccle&s;ia&s;ticall, by taking away the
<PB REF="5">Royall Power in matters Politicall, and by u&s;urping the Soveraignty in both.</P>
<DIV2 TYPE="part">
<HEAD>The Authority Eccle&s;ia&s;ticall is deny'd, by the Papi&s;ts.</HEAD>
<P><HI>Chri&s;tians ought to be &s;ubject to Kings as Supreame; that is true indeed, but in tho&s;e things only which apper|tain to the State Politicke.</HI> So Bellarm. de Pontif. l. 1. c. 7.</P>
<DIV3 TYPE="section">
<HEAD>By the Di&s;ciplinarian</HEAD>
<P><HI>The Civill Power is referr'd to things Earthly and Temporall; but the Eccle&s;ia&s;ticall is referr'd to things Spirituall, and which appertaine to the Wor&s;hip of God: from whence it is, that the Eccle&s;ia&s;ticall Power is u&s;u|ally &s;tiled</HI> jus poli, <HI>the right of Heaven, the Civill,</HI> jus &s;oli, <HI>the right of Earth</HI> So Bucan loco. 43. Sect. 5.</P>
<P>Maje&s;ty mu&s;t creepe on the ground, whil&s;t tho&s;e our Spirituall Ma&s;ters, placed in the Clouds, doe from high behold it below them, and di&s;pi&s;e it as pro|fane. <HI>Augu&s;tine</HI> was of another mind,<NOTE PLACE="marg">In quae&s;t. mixt. <HI>35.</HI></NOTE> when he taught, <HI>That the King hath the Image of God, as the Bi&s;hop the Image of Chri&s;t,</HI> yea, by &s;o much the more excel|lently doth he expre&s;&s;e the Divine Image, by how much the glory of a Judge is more excellent, and his Maje|&s;ty more illu&s;trious then that of the Prie&s;t. I appeale to your own Con&s;ciences (good Men) what and how great thinke you was the Power of ancient Empe|rours? by who&s;e &s;acred command Churches have been dedicated, Bi&s;hops inve&s;ted, the Clergy exempted,
<PB REF="5">and Synods a&s;&s;embled, in which them&s;elves &s;ate Pre&s;idents, and confirmed their Decrees; there|by e&s;tabli&s;hing the Faith, overthrowing Here&s;ie, ob|<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">iging Clergy and Laity to the wor&s;hip of God, op|pointing all things requi&s;ite for the excerci&s;e of Reli|gion, and ordering by their Laws the forme of outward Wor&s;hip; and all this they did <HI>by a lawfull power,</HI> as <HI>Socrates in prolog. l.</HI> 5. and as Saint <HI>Augu&s;tine</HI> expre&s;ly and elegantly, <HI>de civit. Deil.</HI> 5. <HI>c.</HI> 24. yea to the &s;afe|ty of humane things, and nece&s;&s;ity of the Church, as one of the Popes him&s;elfe has confe&s;t. <HI>Leo ad pulche|rimam Augu&s;tam,</HI> where he &s;aith, <HI>Humane things can|not otherwi&s;e be &s;afe, than as they pertaine to the Divine Profe&s;sion, and be defended by Regall and Prie&s;tly Au|thority.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Power Civill is taken away by the Papi&s;t.</HEAD>
<P><HI>Supreame Princes are obnoxious to the Laws, by all Law, Naturall, Nationall, and Po&s;itive; and it is in the power of the Common-wealth to require againe the authority it has committed to the Prince for the publike good, and to exauthorize the King if he &s;hall evilly admi|ni&s;ter.</HI> So Par&s;on. in Doleman. par. 1. c. 4.</P>
<DIV3 TYPE="section">
<HEAD>By the Di&s;ciplinarian.</HEAD>
<P><HI>The Tyranny and unju&s;t Violence of the Superiour Magi&s;trate ought to be re&s;train'd by the ordinary power; which in every Polity is either the Inferiour Magi&s;trate,
<PB REF="6">or the con&s;ent of the People. So</HI> Paraus <HI>in Epi&s;t, ad Rom. c.</HI> 13. <HI>que&s;t.</HI> 4. <HI>prop.</HI> 2.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Soveraignty is u&s;urped in both, by the Papi&s;t.</HEAD>
<P><HI>Judgement concerning the King belongs to the Pope, to whom is committed the charge of Religion; therefore it is the Popes right to judge the King to be depo&s;ed, or not to be depo&s;ed.</HI> So Bellarmine de pont. l. 5 c. 7.</P>
<DIV3 TYPE="section">
<HEAD>By the Di&s;ciplinarian.</HEAD>
<P><HI>The Presbytery is erected in the Church as Chri&s;ts Tribunall: Who then &s;hall exempt Kings and Princes from their Soveraignty not humane but divine, and not be guilty of Trea&s;on again&s;t the Maje&s;ty of Chri&s;t? So Beza de pre&s;b. p.</HI> 116. Hence forwards, let Kings cea&s;e their care of Religion, the Pope will undertake that charge, and &s;o will the Presbytery; the Pope in his Kingdome, the Presbytery in it's Dominion. If any Secular Prince &s;hall put in his &s;ickle, to cut down this &s;tanding corne of the Popes, or this new-&s;prung hearbe of the Presbytery, he &s;hall not e&s;cape unpuni&s;hed; the Popes thunderings, and the Con&s;i&s;toryes lightnings &s;hall pur&s;ue him&punc; the People equally bewitched with errour, one where a&s;&s;i&s;ts the Pope, another where the Presbytery, but every where re&s;i&s;ts the King, that he may learne poore King at length,</P>
<LG>
<L>To hold his Scepter, and to lay it down</L>
<L>At's Peopl's favour, and at's Peopl's frown.</L>
</LG>
<PB REF="6">
<P>About foure yeares &s;ince when according to the order of our Univer&s;ity, (after I had taken the degree of Doctor) it was impo&s;ed upon me to determine a con|trover&s;ie in Divinity; my duty did require me to a&s;|&s;ert the free and ab&s;olute Power of Kings again&s;t <HI>David Paraeus,</HI> and the Anti-monarchians. Which a&s;&s;ertion, when I had intended to have kept re&s;erved; provoked by the ra&s;hne&s;&s;e of an heady young man in <HI>Oxford,</HI> I have pre&s;ented to publike view, having been more &s;everely examined, and more largely explained. I appeale to thy own Con&s;cience, who&s;oever thou art (O Chri&s;tian and Faithfull Subject) whether doth this u&s;urped Tyranny over the Lords anoynted ones, favour at all of the Spirit of Truth? is not this di&s;|cording concord of fal&s;e Brethren, fit to be committed to the fire? fit to be exploded with the unanimous con|tempt of all Chri&s;tians? the Fathers of old both thought and writ more holily, both according to the Pre&s;cript of the divine Law, and Rule of the Go&s;pell.</P>
<P>Tertullian. <HI>God alone it is, in who&s;e power onely Kings are, to whom they are &s;econd, after whom they are fir&s;t, above all men, before all Gods. in Apologet.</HI></P>
<P>Agapetus. <HI>The Emperour is equall to every man in the naturall e&s;&s;ence of Body, but equall to a God pre&s;ident over all in the powerfull excellency of Dignity; for he has not on Earth, any higher than him&s;elfe. Therefore it be|hooves him, as a God, not to be carryed away with wrath, as a Mortall, not to be lifted up with pride; for though he be honour'd with the divine likene&s;&s;e, yet is he fram'd of the earthly du&s;t whereby he is taught, that he pre&s;erve a ju&s;t equallity towards all. Paraenet. ad Ju&s;tin. Impe|rat.</HI></P>
<PB REF="7">
<P>Gregorius Magnus. <HI>Therefore is there power given to the Emperour from Heaven, over all men on Earth; that the way to Heaven might be laid open, and the fur|ther &s;pread, that &s;o the earthly Kingdome might be &s;ub|&s;ervient to the Heavenly. Epi&s;t.</HI> 91. <HI>l.</HI> 1.</P>
<P>This mo&s;t &s;acred Maje&s;ty which God him&s;elfe hath ordained, Chri&s;t confirmed, and the Orthodoxe Church perpetually reverenced, I now endeavour to vindicate from the injury of &s;editious men; and that with &s;olid Rea&s;ons drawn even from Nature, the Law of Nations, the Civill Law, Canon Law, the word of God, the &s;ayings of the Fathers, and the writing of the Pro|te&s;tants. All which are &s;o truly, fairely, and &s;incerely alledged; that I neither feare the Judgement of the Reader, nor the calumny of the Adver&s;ary. Thou pious Reader, and Loyall Subject, live well, and fare|well.</P>
<EPIGRAPH>
<Q><L>If ought thou know'&s;t that better is to me impart;</L>
<L>If not, u&s;e the&s;e with me, and &s;o thou friendly art.</L></Q>
</EPIGRAPH>
</DIV3>
</DIV2>
</DIV1>
<DIV1 TYPE="table of contents">
<PB REF="7">
<HEAD>The Contents.</HEAD>
<LIST>
<ITEM>The Que&s;tion &s;tated, Pag. <HI>1.</HI></ITEM>
<ITEM>The Terms explain'd, pag. <HI>2.</HI></ITEM>
<ITEM>The Agreement of Presbyterians and Je&s;uits, pag. <HI>3.</HI></ITEM>
</LIST>
<LIST>
<HEAD>The foure Propo&s;itions of <HI>Paraeus</HI> are refuted.</HEAD>
<ITEM><LABEL>Concer|ning</LABEL>
<LIST>
<ITEM><HI>1.</HI> the Excommunication of Kings, pag. <HI>5.</HI></ITEM>
<ITEM><HI>2.</HI> the Power of the inferiour Magi&s;trate, pag. <HI>11.</HI></ITEM>
<ITEM><HI>3.</HI> the duty of a private Man, pag. <HI>47.</HI></ITEM>
<ITEM><HI>4.</HI> private revenge in ca&s;e of nece&s;sity, pag. <HI>57.</HI></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>The ab&s;olute Power of Kings is confirm'd.</HEAD>
<ITEM><LABEL>From</LABEL>
<LIST>
<ITEM>the Dictate of Nature, pag. <HI>68.</HI></ITEM>
<ITEM>the Law of Nations, pag. <HI>69.</HI></ITEM>
<ITEM>the Civill Law, pag. <HI>74.</HI></ITEM>
<ITEM>the Canon Law, pag. <HI>77.</HI></ITEM>
<ITEM>the Holy Scriptures pag. <HI>78.</HI></ITEM>
<ITEM>the Ancient Fathers, pag. <HI>84.</HI></ITEM>
<ITEM>the Prote&s;tant Divines, pag. <HI>85.</HI></ITEM>
</LIST></ITEM>
</LIST>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="8">
<PB REF="8">
<HEAD>ANTI-PARAEVS. <NOTE PLACE="marg">The que&s;tion Stated.</NOTE><HI>The Po&s;ition:</HI> It is not lawfull to re&s;i&s;t the King, violating the Fundamentall Laws of the Kingdome.</HEAD>
<P>DIvers Men in this our Age, have handled this controver&s;ie Divers Waies, whil&s;t the Pon|tificians contend to have the Royall Scep|ter &s;ubmit to the Roman Purple, the Pre&s;|byterians to the States of the Kingdome, and in &s;ome ca&s;es to the provoked Multitude; and the Prote&s;tants to God alone. <HI>David Paraeus,</HI> A Palatine Divine, in the Year 1612. writ very elegantly coucer|ning the Lawfull Right of Kings, in the behalfe of the then Soveraigne and mo&s;t potent Prince, King of Great <HI>Brittain, France,</HI> and <HI>Ireland,</HI> again&s;t the Papall U&s;urpa|tion, again&s;t <HI>Bellarmine, Becanus,</HI> and other Popi&s;h Pa|ra&s;ites of the &s;ame mold. The <HI>Printer</HI> Dedicated that Tract to the &s;ame Soveraigne, in which the foundation of that Pontifician Tower is ra&s;ed, the &s;ophi&s;ticall di&s;|putes of <HI>Bellarmine</HI> are confuted; the vain Arguments of <HI>Becanus</HI> refell'd, and the cunning Impo&s;tures of the Canoni&s;ts forcibly retorted. Yet, as if he had drunke deep of the<NOTE N="*" PLACE="marg">A Lake that Wate|reth the Bor|ders of Ge|nevah and Lau&s;ama.</NOTE> Lemanian Lake, he brandi&s;hes the inferiour
<PB N="2" REF="9">Magi&s;trates Sword, again&s;t Kings and greate&s;t Empe|rours, and affords no le&s;&s;e dangerous, than impious Arms, to the confu&s;ed and incompo&s;ed multitude, and this in many parts of that Tract, out of which receive the&s;e few &s;elected.</P>
<P>The violence and tyranny of the Superiour Magi|&s;trate ought to be re&s;trained by the Ordinary Power, which in every Polity is either the inferiour Magi&s;trate, or the con&s;ent of the People. This <HI>David Paraeus</HI> has <HI>quae&s;t.</HI> 4. <HI>Tract. de pote&s;t. civ. rat.</HI> 1. Again&s;t <HI>Bellarmine, Becanus, Danaeus, Paraeus,</HI> and the re&s;t &s;o devoutly addi|cted to the Popedome, or the Presbytery. I confident|ly aver, That neither the Roman Bi&s;hop, 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 &s;hall manife&s;t and evince by many &s;trong Rea&s;ons, that I may give &s;ome light to the weaker &s;ort of Men, di&s;tracted with variety of Opinions; that as Men placed in a Watch-Tower, they may a far off di&s;cover; or as Men &s;ayling in the Ha|ven, they may without danger e&s;cape tho&s;e gulfes of er|rors, and Whirle-Pooles of Fal&s;hoods, with which the Writings of Papi&s;ts and Puritans do plentifully abound. But in the fir&s;t place to the taking away all ambiguity, I will explain the Terms of the Que&s;tion.</P>
<P><NOTE PLACE="marg">The Terms of the que&s;ti|on explained.</NOTE> I call him <HI>King</HI> who hath a Supreame Power, &s;ubject to none. In the Word <HI>Re&s;i&s;t,</HI> I comprehend all Power of gain&s;aying, all commotion or confederacy again&s;t the Royall Maje&s;ty, a <HI>Violator of the Fundamentall Laws,</HI> is, (according to the Theologicall Politicks) &s;uch an one as doth overthrow either all, or the chiefe&s;t e&s;tabli&s;ht Laws of the Common-wealth. The Puritan-Papi&s;ts tell us,
<PB N="3" REF="9">the Fundamentall Laws, are (I know not what) contracts or conditionall Covenants, betwixt the King and the People, entred and e&s;tabli&s;ht by Oath at the Kings fir&s;t Inauguration; which being broken, they will have the People free, and loo&s;e from all Bonds of Allegiance and Religion to their Soveraignes, the Kings being <HI>ip&s;o fa|ctor,</HI> null and deve&s;ted of all authority. As if that Sacred Maje&s;ty given by God, were confer'd by the People, and that upon certain conditionall Laws; at who&s;e plea&s;ure it is to be re&s;igned. Which madne&s;&s;e, I will clearly re|fute from the Dictate of Nature, the Law of Nations, the Civill Law, Canon Law, from Sacred Scripture, Orthodox Fathers, and the mo&s;t famous Pa&s;tors of the reformed Church; who, as they have bid adieu to the Popedome, &s;o have they not &s;worn to the Dictates of the novell Presbytery. But fir&s;t give me leave to &s;hew the &s;editious agreement of Papi&s;ts and Puritans again&s;t the Maje&s;ty of Kings.</P>
<P><NOTE PLACE="marg">The agree|ment of Pa|pi&s;ts and Pu|rita~s again&s;t the Maje&s;ty of Kings.</NOTE> <HI>Robert Bellarmine</HI> an excellently Learned <HI>Cardinal,</HI> mo&s;t accurately skilfull in unloo&s;ing the Knots of Controver|&s;ies; yet <HI>Lib.</HI> 5. <HI>de Pontif.</HI> he doth &s;o involve this power of re&s;training Kings with &s;o many &s;ubtilties; that he re|ceives no better &s;tile from <HI>Carerius</HI> than Athei&s;t and Politician. Yet, under the Maske of <HI>Mathaeus Tortus</HI> doth he impo&s;e the &s;ame upon the Engli&s;h Papi&s;ts, as the foundation of the Catholique Faith. And in a Tract, concerning the Temporall Power of the Pope, a|gain&s;t <HI>Barclay,</HI> he concludes the &s;ame clearly and briefly from many Arguments, reduced to foure heads.</P>
<P>Fir&s;t, from the authority of &s;ome Writers, <HI>Italian, French, Spani&s;h, German</HI> and <HI>Engli&s;h;</HI> of whom <HI>Gregory</HI> the &s;eventh is the fir&s;t, <HI>Nicholas Sanders</HI> the la&s;t, he the
<PB N="4" REF="10">Head, this the Tayle of that Bea&s;t in the <HI>Revelations.</HI> Secondly, from good Scripture, but bad interpretation. Thirdly, from politicall Rea&s;ons. La&s;tly, from Examples.</P>
<P>Of all them which &s;tand on the Presbyterian &s;ide, <HI>Lambertus Danaeus</HI> is the mo&s;t Learned, and in re&s;olving controver&s;ies the mo&s;t per&s;picacious. After tho&s;e many and weari&s;ome labours again&s;t the Pontificians and Lu|therans, when he was now grown old; he put forth his Chri&s;tian Politie as his la&s;t work, and in <HI>lib.</HI> 3. <HI>c.</HI> 6. he propounds (as he calls it) this noble que&s;tion: <HI>whether Chri&s;tian Men, and Pious Subjects may with a good Con|&s;cience change and abrogate a con&s;tituted Polity, and chu&s;e to them&s;elves another? He an&s;wers,</HI> That, <HI>the Supream Ma|gi&s;trate violating the Fandameutall Laws of the Kingdom, may be depo&s;ed by godly Subjects, and that with a good Con|&s;cience:</HI> And <HI>lib.</HI> 3. <HI>c.</HI> 6. he affirmes; That, <HI>Judgement upon the Superiour Magi&s;trate, who exceeds the bounds of his duty, or performs not his duty as he ought; belongs to the States of the Kingdome:</HI> And this he endeavours to for|tifie with a &s;oure &s;quare Army, like to the Macedonian Phalans. Fir&s;t from Politicall Rea&s;ons. Secondly, from the authority of Gods Word. Thirdly, from the Opi|nions of the Prudent; namely, <HI>John Calvin, Brutus Junius,</HI> and <HI>George Bucanan.</HI> La&s;tly, from Examples, and tho&s;e of the Ancients; namely, the People of <HI>I&s;rael,</HI> the <HI>Lace|demonians, Athenians,</HI> and <HI>Romans:</HI> al&s;o tho&s;e of later times: namely, <HI>French, Spani&s;h, Germans, Engli&s;h</HI> and <HI>Scotch.</HI> And again&s;t <HI>Bellarmine, Controver&s;.</HI> 3. <HI>lib.</HI> 3. <HI>c.</HI> 7. he confe&s;&s;eth plainly, That, <HI>the King which is an Here|ticke ought to be depe&s;ed; but that, not by the Bi&s;hop of Rome; but by the States of the Kingdeme.</HI> Tho&s;e things which have been occa&s;ionally, here and there toucht up|on
<PB N="5" REF="10">by others, are all collected into one &s;umme, and di|ge&s;ted into Method by <HI>David Paraeus;</HI> which he con|cludes in foure Propo&s;itions; each of which I will &s;et down, lea&s;t I &s;hould &s;eem to let any thing e&s;cape.</P>
<DIV2 N="1" TYPE="proposition">
<HEAD>The fir&s;t Propo&s;ition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>The Bi&s;hops and Pa&s;tors may and ought (upon the con&s;ent of the Church) deliver up the contumacious Magi&s;trates unto</HI> Satan <HI>untill they do repent.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">fir&s;t Prope&s;ition of <HI>Paraeus</HI> confuted,</NOTE>In the&s;e few words, do lurke not a few errors. Con|tumacy is a Law Terme, which the Lawyers define to be; a Di&s;obedience again&s;t the Superiour; as often as the Subject, being cited in a due cour&s;e of Law, doth not appeare, doth not obey, or depart without Licence. The Supreame Magi&s;trate, being inferiour to God alone, is not &s;ubject to Man, and therefore neither can, nor ought to iucur the guilt of Contumacy. <HI>Some &s;peak with good rea&s;on</HI> (&s;aith <HI>John</HI> of Paris) <HI>that, not every offendor is a fit matter upon which or can work with effect. but that offen|dor whe is a Subject,</HI><NOTE PLACE="marg">Kings can|not properly be &s;ayd to be contumaci|ous.</NOTE> <HI>and therefore the fore&s;aid power has not effection the Offender, unle&s;&s;e when &s;ubjection is pre&s;up|po&s;ed; which makes a Man to be a fit matter, upon which the Keyes may have their Act with effect.</HI> de pote&s;t. Regia &amp; Papa&s;i. c. 13.</P>
<P>A King in his Kingdom is not &s;ubject to the Epi&s;|copall
<PB N="6" REF="11">Juri&s;diction, as it is penall and coercive,<NOTE PLACE="marg">How the King is not &s;ubject to the power of the Keyes.</NOTE> but is &s;uperiour in Order of Power; as <HI>Augu&s;tine</HI> affirm's ex|pre&s;ly. Mo&s;es <HI>was in the mid&s;t betwixt</HI> Aaron <HI>and God,</HI> Aaron <HI>in the mid&s;t betwixt</HI> Mo&s;es <HI>and the people, &amp;c.</HI> In <HI>Exod. que&s;t.</HI> 10. Tho&s;e Bi&s;hops therfore and Supercilious Pa&s;tors, who &s;end out their citation, or put forth their accu&s;ation again&s;t their Prince, are impious again&s;t God, who&s;e Ordinance they re&s;i&s;t; &s;editious again&s;t the King, ouer who&s;e &s;oueraignty they in&s;ult; Traytors a|gain&s;t the Common wealth, who&s;e Peace they di&s;turbe. I beleive <HI>Paraeus</HI> can neuer &s;hew, where any one of the Apo&s;tles &s;ate Judge of Princes. <HI>I read the &AElig;po&s;tles &s;tood to be Judged, but I never read they &s;tood Judging,</HI> &s;aith Saint <HI>Bernard, de con&s;iderat. l.</HI> 1. <HI>c.</HI> 6.</P>
<P><NOTE PLACE="marg">The con&s;ent of the Church not required in the act of ex|communica|tion.</NOTE>Whereas he &s;aith, <HI>(upon con&s;ent of the Church)</HI> with|out doubt he doth but catch at popular Applau&s;e, by &s;ubjecting Princes to the cen&s;ure of the Pa&s;tors, and the Pa&s;tors to the Judgement of the People. The Apo&s;tles had the power of the Keyes from Chri&s;t, and the Bi&s;hops have it from the Apo&s;tles, without re&s;ervation of the Churches con&s;ent. <HI>Augu&s;tine</HI> cals this power, <HI>the E|pi&s;copall judgment; de corrept. &amp; grat. c.</HI> 15. and <HI>Beza</HI> him&s;elfe hath exploded this <HI>Con&s;ent</HI> out of a well con|&s;tituted Church, as <HI>wicked, dangerous, and di&s;&s;onant to the Word of God. in Epi&s;t.</HI> 83.</P>
<P><HI>To deliver unto Satan]</HI> (which he improperly attri|butes to excommunication) was an extraordinary po|wer granted to the Apo&s;tles for a time:<NOTE PLACE="marg">What is meant by de|livering un|to Sathan.</NOTE> according to the more commonly received opinion of Ancient and Moderne Divines. Con&s;ult S. <HI>Ambro&s;e</HI> upon that 1. <HI>Tim. c.</HI> 1. S. <HI>Chry&s;o&s;tome</HI> upon 1 <HI>Corinth.</HI> 5. <HI>hom.</HI> 15. S. <HI>Aug,</HI> again&s;t the letters of <HI>Petilian. l.</HI> 2. <HI>c.</HI> 10. S. <HI>Hierome, Bede,
<PB N="7" REF="11">Theodoret, Occumenius, Theophylact</HI> and <HI>Sedulius:</HI> all upon that (1 <HI>Cor. c.</HI> 5.) of the Apo&s;tles <HI>to deliver to Satan</HI> which all of them doe under&s;tand, to be meant of that corporall affliction, which the Apo&s;tles did inflict: not by the power of the Keyes, but by the power of work|ing Miracles. To which I adde the Divines of later times, and tho&s;e of better note and &s;ounder judgement, <HI>Thomas Bil&s;on</HI> lately Bi&s;hop of <HI>Winche&s;ter, Peter Mar|tyr, Thomas Era&s;tus,</HI> and <HI>Benedict Aretius;</HI> <Q><HI>I am ful|ly per&s;waded</HI> (&s;aith that Reverend Bi&s;hop) <HI>that</HI> S. Paul <HI>in revenging that wickednes, would have &s;ome foot&s;tep re|maine of that wonderfull power and virtue, which he re|ceived from Chri&s;t to revenge impiety; whereby the imi|tation of &s;o great a wickednes, might hereafter &s;eem dange|rous to the re&s;t,</HI> &amp;c. in his perpetuall government of the Church, <HI>c.</HI> 8.</Q></P>
<P><Q><HI>The Apo&s;tles</HI> (&s;aith Peter Martyr) <HI>had the Devills &s;ubject to them, and by them they might &s;ometimes puni&s;h offendors to the furtherance of their &s;alvation, therefore to whom this gift is not imparted, they ought wholy to ab|&s;taine from the exerci&s;e thereof. locor. com. cla&s;.</HI> 1. <HI>c.</HI> 8. <HI>&s;ect.</HI> 9.</Q> <Q><HI>The power of delivering unto Sathan,</HI> (as <HI>Era&s;tus</HI> hath it) <HI>which was given to</HI> S. Paul, <HI>was not &s;o nece&s;&s;a|ry for the Church, that it &s;hould become an ordinary po|wer. Confirm. The&s;. lib.</HI> 41. <HI>cap.</HI> 7.</Q> <Q><HI>To deliver unto Sa|than was a power delivered unto the Apo&s;tles</HI> (&s;aith <HI>A|retius</HI>) <HI>of puni&s;hing the notoriou&s;ly contumacious, which af|terwards cea&s;ed.</HI> Upon the 1 <HI>Tim. c.</HI> 1.</Q> From the miracu|lous power of the Apo&s;tles to the ordinary juri&s;diction of Pa&s;tors, is a mo&s;t frivolous con&s;equence, for what did extraordinarily belong to the Apo&s;tles, had its end with the Apo&s;tles: but grant we that this <HI>delivering unto
<PB N="8" REF="12">Satan,</HI> has no other &s;ignification, but that of Excommu|nication;
it will not from hence follow, That it is law|full for Pa&s;tors to exclude the Supreame Magi&s;trates from conver&s;e with their Subjects. The pre&s;cripts of the Go&s;pell, of making the wicked a&s;hamed, avoyding the company of the Scandalous, and rebuking the ob&s;ti|nate, whil&s;t there was no Man in the Church, intru&s;ted with the Sword, to the revenge of evill doers; are not ra&s;hly to be applyed to the di&s;gracing, de&s;erting, or re|buking the Magi&s;trate.<NOTE PLACE="marg">Note.</NOTE> For the rule is, Tho&s;e things which by the Prophets and Apo&s;tles are &s;et down in Generall, ought not to be pre&s;&s;ed to the everting tho&s;e things which are commanded by them in particular. God in the Law and in the Go&s;pell hath given e&s;peciall and expre&s;&s;e commands for Subjection, and Reverence to Magi&s;trates; yea, though fouly polluted with vices, with tyranny and impieties; as, that &s;uch were tho&s;e, of whom our Saviour and his Apo&s;tles &s;pake, cannot be denied. Therefore no con&s;equence of a generall Pre|cept ought to be wre&s;ted, again&s;t the expre&s;&s;e and &s;peci|all Command of honouring the Magi&s;trates: lea&s;t we make the divine will changeable, or repugnant to it's &s;elfe; which to &s;ay were horrible wickednes and bla&s;phe|my, and to beleive it a grand impiety &amp; here&s;ie. <HI>Gregory</HI> the 7^t^h. by an unheard of example pre&s;umed to attempt this, <HI>Paraeus</HI> has trod in <HI>Hildebrands</HI> &s;teps and hath con|veyd that to the Pa&s;tors of the reformed Church; which was mo&s;t vile in the Pontifician Kingdome; which an <HI>Ambro&s;e</HI> would never have done, nor any holy and Or|thodox Bi&s;hop in the Church of Chri&s;t hath ever done.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><NOTE PLACE="marg">The fir&s;t Propo&s;ition proved by exemples.</NOTE> <HI>By the Examples of the Prophets, of</HI> Elijah, <HI>who in
<PB N="9" REF="12">Word re&s;i&s;ted wicked</HI> Ahab; Jeremiah, <HI>wicked</HI> Joachim; John Bapti&s;t, <HI>wicked</HI> Herod; <HI>and</HI> Ambro&s;e, Theodo&s;ius; <HI>for unju&s;t &s;laughter, &amp;c.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">The Exam|ples cleared.</NOTE> <HI>Elijah</HI> did recall the King from his errour, and confir|med the People in the Truth, both by Word and Mira|cles; he &s;hut 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 <HI>Obadi|ah</HI> that good man, nor any other to refraine Communi|on with that wicked King.</P>
<P><HI>Jeremiah</HI> reproved the impious King; I neither read, nor beleive, that in Word he re&s;i&s;ted the King; of who&s;e Peaceable Doctrine, and no way &s;editious Life, <HI>Calvin</HI> &s;peaks in the&s;e words, <Q><HI>Jeremiah</HI> (&s;aith he) <HI>doth not onely command the Jews to bear patiently the puni&s;hment inflic|ted upon them; but will have them to be &s;ubject to</HI> Nebu|chadnezzar; <HI>and not onely forbids them to be &s;editious, but will have them to be &s;o Obedient from their Hearts, that God may be witne&s;&s;e of their free &s;ubjection and obedience,</HI> the&s;e are the Words upon the 29. of <HI>Ieremy ver&s;e</HI> 7.</Q></P>
<P><HI>Herod</HI> the Adulterer, at the reque&s;t of the Damo&s;ell Dancing before him, beheaded <HI>Iohn:</HI> The Innocency of the Prophet, or the cruelty of the Tyrant, was not un|known to Chri&s;t; yet did He not revenge the Prophet by force of Arms, He did not deprive the Per&s;ecutors of His Kingdom, He did not deliver him unto Satan, He did not animate the People again&s;t the Tyrant; being an example unto us, that we &s;trive not again&s;t perver&s;e
<PB N="10" REF="13">Kings and &s;uch as are wickedly opinioned concerning God</P>
<P><HI>Ambro&s;e</HI> did not re&s;i&s;t <HI>Theodo&s;ius</HI> with threatning Words, but Exhorted Him with calme Language: <HI>I Councell</HI> (&s;aith he) <HI>I entreat, I be&s;eech, I admoni&s;h, I have no cau&s;e of contumacy again&s;t thee, but of fear, I dare not offer, if thou be pre&s;ent.</HI> This <HI>Ambro&s;e</HI> tels us concerning this his Act, <HI>In Epi&s;t.</HI> 28. They who Interpret this fact of <HI>Ambro&s;e,</HI> to be Excommunication (as Excommunica|tion is taken for the Act of exteriour Power, and &s;upe|riour Juri&s;diction) they do much wrong to the Truth of the Hi&s;tory. <HI>Ambro&s;e</HI> had not (&s;uch as the Puritans Dreame of) a Presbytery erected as Chri&s;ts Tribunall, from who&s;e Government, who &s;o exempts even Kings, &s;hall be accounted guilty of high Trea&s;on again&s;t the Maje&s;ty of Chri&s;t, as <HI>Beza</HI> Writes, <HI>De Presbyter. &amp; Excommun. p.</HI> 116. <HI>Nortons Edition.</HI></P>
<P><HI>Ambro&s;e</HI> did not decree his Letters of Summons again&s;t <HI>Theodo&s;ius,</HI> neither did he &s;end a Me&s;&s;enger to cite him being ab&s;ent, or accu&s;e him of Contumacy being pre|&s;ent; and judicially condemne him. Neither did he de|cree him to be Excommunicated, not &s;entence him Ex|communicate, nor exclude him (out of the holy Con|gregation and Divine &s;olemnities) from the company of the Faithfull. I will di&s;patch the whole matter in a few words;<NOTE PLACE="marg">The true Re|lation of Ambro&s;e his Act concer|ning the Em|perour The|odo&s;ites.</NOTE> The Bi&s;hop with-held the Emperour from the Sacred My&s;teries, by no Act of Juri&s;diction, but by intermitting his publique Mini&s;try, and Sacerdotall Of|fice; who would neither performe Divine Service, nor Admini&s;ter the Holy Sacrament, &s;o long as the Empe|rour was pre&s;ent; which every Pa&s;tor though no Bi&s;hop might lawfully have done, if he had happened upon an impenitent &s;inner, or &s;uch an one as did trample upon
<PB N="11" REF="13">tho&s;e Sacred My&s;teries with manife&s;t contempt; accor|ding to the Doctrine of the ancient Church, as Saint <HI>Chry&s;o&s;tome</HI> witne&s;&s;eth in <HI>Matth. Hom.</HI> 83. And accor|ding to the opinion of the Church of <HI>England,</HI> as <HI>Bil&s;on</HI> (the <HI>Augu&s;tine</HI> of our Age) doth witne&s;&s;e in his an&s;wer to <HI>Cardinall Alanus, part.</HI> 3. <HI>pag.</HI> 366.</P>
<P>But in this Act, <HI>Ambro&s;e</HI> that good Bi&s;hop did not do well, who&s;e default many have endeavoured to excu&s;e, no man could approve; or can indeed any godly or Ju&s;t e&s;timator of the truth. He cau&s;ed the good Emperor (pious, faithfull, penitent, acknowledging his offence publickly, and deprecating the &s;ame earne&s;tly) to re|frain from the communion of Prayers, hearing of the Word, and participation of the Sacrament; which Chri&s;t him&s;elf would not have done, who admitted <HI>Ju|das</HI> to the holy A&s;&s;embly (of his Apo&s;tles) and hath commanded us to forgive our Brother as often as he &s;hall repent.</P>
</SP>
</DIV2>
<DIV2 N="2" TYPE="proposition">
<HEAD>The &s;econd Propo&s;ition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Subjects, not private, but con&s;tituted in the inferiour Magi&s;tracy; may lawfully, even with Arms, defend them|&s;elves, and the Common-wealth, and the Church, or true Religion, again&s;t the &s;uperiour Magi&s;trate. The&s;e condi|tions being &s;uppo&s;ed.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">The &s;econd Propo&s;ition of <HI>Paraeus</HI> confuted,</NOTE> The inferiour Magi&s;trate in a Kingdome, has no au|thority, but from the King and under the King; which if he abu&s;e again&s;t the King or Common-wealth, he is
<PB N="12" REF="14">deprived at the plea&s;ure of the King, and &s;uffers puni&s;h|ment for the ill mini&s;tration of his Office; not on the contrary. This power of the Inferiour over his Superi|our, is not e&s;tabli&s;hed by God, but is introduced by Di|velli&s;h malice, or Humane pre&s;umption, again&s;t the Divine Ordinance, contrary to the Order of Nature, and equity of Law. <HI>Paraeus</HI> &s;aw the har&s;hne&s;&s;e of this Propo&s;ition, and therefore hath mollified it with &s;ome Moderating Conditions.</P>
</SP>
<DIV3 N="1" TYPE="condition">
<HEAD>The fir&s;t Moderating Condition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>When the Superiour Magi&s;trate doth degenerate and become a Tyrant.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>This is not to provide a remedy again&s;t evill Kings, but to help forwards and add to the publique calamity; and indeed to deceive the Reader: <HI>When he Degenerates</HI> (you &s;ay) <HI>into Tyranny.</HI> But tell me <HI>(Paraeus)</HI> &s;eriou|&s;ly (&s;eeing 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 &s;uppo&s;e to be a very good Prince, I may ju&s;tly conceive a very Cruell Tyrant. In this variety therefore of Opinions, the que&s;tion will be, Whether hath he degenerated? you affirme: I deny: Therefore the Accu&s;er is to be brought forth, the guilty Arraig|ned, the Witne&s;&s;es Produced, and this before a Compe|tent
<PB N="13" REF="14">Judge,<NOTE PLACE="marg">There is none on Earth under God, that can be a compe|tent Judge ouer Princes.</NOTE> &s;uch as indeed there is not any on Earth un|der God; which, Scripture teacheth, the Church belei|veth, Rea&s;on per&s;wadeth, and the Publique Safety re|quireth.</P>
<P>The Scripture teacheth: <HI>The King doth what&s;oever Plea&s;eth Him; Where the Word of a King is, there is Power, and who may &s;ay unto him, what do&s;t thou,</HI> Eccle|&s;ia&s;tes, 8. ver&s;. 3.4.</P>
<P>The Church beleiveth, <HI>No Man</HI> (&s;aith <HI>Cyrill</HI>) <HI>doth vilifie the Laws of Kings unpuni&s;hed; &s;aving Kings them&s;elves, in whom the Crime of prevarication has no place; for it is wi&s;ely &s;aid, That he is wicked, that &s;aith unto the King, thou do&s;t unju&s;tly,</HI> in Joan. l. 12. c. 56. The&s;e are his Words, according with the &s;en&s;e of the Scriptures, and the unanimous con&s;ent 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 Corre|cted or Judged by none, but by Him only, to who&s;e pow|er alone they are Subject. Which King <HI>David</HI> had an eye to; who when he was an Adulterer and Murderer, pray'd for the Divine Mercy, &s;aying, <HI>Again&s;t thee onely have I &s;inned;</HI> For I acknowledge none other my Supe|riour on Earth &s;ave thee alone, be&s;ides thee I have no Judge, who may or can compell me to Tryall, Sentence, or Puni&s;hment for my wickedne&s;&s;e. Whence is that of the Poet.</P>
<LG>
<L><HI>The People to their Soveraign's Scepter brings</HI></L>
<L><HI>Their awfull reverence, and to</HI> Jove, <HI>their Kings.</HI></L>
</LG>
<P><HI>Rea&s;on Per&s;wadeth,</HI> The King is Head of the Body Politique, the Members neither ought to Judge the Head, becau&s;e they are below it; neither may they cut
<PB N="14" REF="15">it off, becau&s;e thereby they even cea&s;e to be Members.</P>
<P><HI>The publique &s;afety requireth,</HI> The King being con|demn'd, will not yeeld to the Con&s;pirators, although their &s;trength exceed his an hundred fold; He will call to all the Kings about him for help, He will &s;eek to His Friends, Allies, Confederates&punc; he will Mu&s;ter His Mer|conary 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 lo&s;t, the ruine of the Common-wealth is to Him a mi&s;erable Comfort, and &s;ad rejoycing.</P>
<P><NOTE PLACE="marg">Evill Princes &s;eldom remo|ved by vio|lence, with benefit to the Common-wealth.</NOTE>Grant (which yet is not to be granted) that a Tyrant may be reduced into Order, or ejected out of His King|dome by the Inferiour Magi&s;trate; yet is He neither re|duced nor ejected, without great dammage to the Com|mon-wealth&punc; the Death of <HI>Cae&s;ar</HI> brought no remedy to the Romans, but a greater mi&s;chiefe. <HI>Nero</HI> peri&s;hed, but with no good &s;ucce&s;&s;e; The next Year which follow|ed after His Death, felt a greater mea&s;ure of calamity, and abundance of blood&s;hed, than the nine years which He reigned with Tyranny. The <HI>Athenians</HI> drove out one Tyrant, and brought in Thirty: <HI>Rome</HI> by renoun|cing Kings, did not take away Tyranny, but chang'd it. That of the Countryman is old, <HI>Antigonum effodio, I Dig up</HI> Antigonus, when an ill Lord was &s;ucceeded by a wor&s;e. And who is it that knows not the Fable of the Ulcerous Man? When the Pa&s;&s;enger would have dri|ven the Leeches from off his &s;ores, it is &s;aid he cryed out, Suffer, oh &s;uffer them to be: the&s;e being full &s;uck le&s;&s;e, but being &s;truck off others will come on, which feed more hungerly, and bite more &s;harply. Hi&s;tories do relate, That many Tyrants have been expold, many
<PB N="15" REF="15">&s;lain, but &s;eldome with benefit to the Common-wealth.<NOTE PLACE="marg">The &s;laying of a Tyrant cannot be with a good Con&s;cience.</NOTE> Grant it, that the &s;laying of a Tyrant is for the Com|mon Good; yet can it not &s;tand with a Good Con&s;ci|ence, becau&s;e it is forbidden by God.</P>
<P>In a Tyrant three Powers concur; of a Father, of an Husband, and of a Ma&s;ter. The Sons cannot bani&s;h their Father; the Wives may not de&s;ert their Hus|bands; nor the Servants cha&s;ti&s;e their Ma&s;ters; much le&s;&s;e may the Subjects deprive their King of his Domini|on. But be it &s;o, that they may, if he degenerates into a Tyrant; &s;ince there are many kinds of Tyrannies, &s;hall they all have the like rea&s;on of condemning the King? where the puni&s;hment is not proportioned to the fault, it is unju&s;t, and the fore-runner of a greater Tyranny.</P>
<P>You cannot be ignorant <HI>(Paraeus)</HI> that there is a three|fold di&s;tinction of Tyranny: one doth rage again&s;t the humane Laws for a private Benefit, with a publique mi&s;chiefe: another doth violate the Divine Law, to the di&s;honour of the Creator: A third doth trample upon both Humane and Divine Laws, contrary to all Ju&s;tice and Piety. I confidently aver, That all Tyranny, whe|ther it offer Violence to God or Man, ought to be &s;uffe|red; and may not be abrogated, but by him, <HI>who alone doth unloo&s;e the Bond of Kings, and girdeth their Loines with a Girdle,</HI> Job. 12.18. <HI>Solomon</HI> &s;inned mo&s;t wicked|ly, by Polygamy and Idolatry, without the diminution of His Maje&s;ty, or ami&s;&s;ion of his Kingdome; <HI>Ahab</HI> Tyrannou&s;ly murdered <HI>Naboth,</HI> per&s;ecuted the Pro|phets with Exile and Death; he bani&s;hed <HI>Gods true Re|ligion,</HI> and by his Authority e&s;tabli&s;hed <HI>Baals fal&s;e Wor|&s;hip,</HI> whom neither the In&s;eriour Magi&s;trate, nor con&s;ent of the People pre&s;umed to repre&s;&s;e for his Tyranny. I
<PB N="16" REF="16">confe&s;&s;e <HI>Jehu</HI> 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 Hea|venly Oracle; at this Day cannot be done, without the contempt of the Divine Deity, contumely to the Sacred Maje&s;ty, and mi&s;chief to the Common-wealth. Hence is that of <HI REND="margQuotes">Peter Martyr, God Armed one only <HI>Jehu</HI> again&s;t his Lord, which as it was peculiar, &s;o is it not to be drawn in|to example:</HI> <NOTE PLACE="marg">Note.</NOTE> And after a few words, he tels us, <Q><HI>That cer|tainly if it be lawfull to ca&s;t out of their Kingdomes tho&s;e who rule wickedly; no Princes or Kings will any where be &s;afe; for although they govern ju&s;tly and piou&s;ly, yet can they not alway &s;atisfie the People.</HI> loc. com. Cla&s;. 4. c. 20.</Q> p-965. Neither doth this moderating condition &s;werve more from true Divinity, then from Civill Policy; as <HI>Bodine</HI> hath ob&s;erved, <Q><HI>de Repub. l.</HI> 2. <HI>c.</HI> 5. <HI>If the Prince be ab&s;olutely &s;upreame, as are the true Monarchs of</HI> France, Spaine, England, Scotland, &AElig;thiopia, Turcia, Per&s;ia, Mu&s;covia, <HI>who&s;e Power is not doubtfully que&s;tioned, nor their high Soveraignty with any of their Subjects divided; in this ca&s;e it is no waies lawfull for any one in particular, or for all in generall, to attempt any thing</HI> de facto, <HI>or by Or|der of Law, again&s;t the Honour and Life of the Prince of Monarch, although he hath committed all the kinds of wic|kedne&s;&s;es and cruelties which tongue can name. For as con|cerning the Order of Law, the Subjects have no juri&s;diction over the Prince, on whom depends all the power and autho|rity of Commanding; and who not only can recall, from the Magi&s;trates, all the power of Judicature committed to them, but al&s;o he being pre&s;ent, the power and juri&s;diction of all Magi&s;trates, Corporations, Colledges, Orders, and Communi|ties doth cea&s;e; as we had &s;aid before, and &s;hall &s;peak more fully afterwards:</HI> Thus Bodine.</Q></P>
</SP>
</DIV3>
<DIV3 N="2" TYPE="condition">
<PB N="17" REF="16">
<HEAD>The Second Moderating Condition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>When he will inforce them, or others of his Subjects to ma|nife&s;t Idolatry, or Bla&s;phemy.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>Chri&s;t, he lived under the Empire of <HI>Tiberius,</HI> the Principality of <HI>Herod,</HI> and Prae&s;idency of <HI>Pilate.</HI> The Apo&s;tles flouri&s;hed under <HI>Caligula, Claudius, Nero, De|mitian.</HI> All Chri&s;tians lived under Per&s;ecutors, for the the &s;pace of three hundred Years. <HI>Hiberius, Ho&s;ius, Athana&s;ius, Nazianzen, Hilary, Ambro&s;e, Chry&s;o&s;tome, Augu&s;tine, Hierome,</HI> and many others watered the Church of God with their holy Life, and &s;ound Doctrine, above a thou&s;and Years from the Birth of Chri&s;t; of whom not one hath once opened this My&s;tery. But I will nor conte&s;t with your <HI>(Paraeus)</HI> from their negative au|thority. Chri&s;t &s;ubmitted him&s;elfe in all things (not forbidden by the Divine Law) to <HI>Tiberius, Herod, Pilate;</HI> He him&s;elfe performed all the duties of Subjection, and gave command that all Chri&s;tians &s;hould performe the like. The Apo&s;tles declined neither to the right hand nor to the left, from the Doctrine of Chri&s;t. <HI>The Chri|&s;tians which were at Jeru&s;alem when</HI> James <HI>&s;uffered Mar|tyrdome, were more in number, and greater in Power than were the Per&s;ecutors of the Apo&s;tles; But through the fear and reverence they had of God, they &s;uffered them|&s;elves to be &s;lain by a few, rather then that they would &s;lay
<PB N="18" REF="17">any:</HI> as that Roman <HI>Clement</HI> relates it, <HI>recognition, lib.</HI> 1. <HI>f.</HI> 9. <HI>With the Sect of Chri&s;tians</HI> (&s;aith <HI>Tertullian</HI>) <HI>it is lawfull to be &s;lain it is not lawfull to &s;lay,</HI> in Apolog. <HI>None of us</HI> (&s;aith <HI>Cyprian</HI>) <HI>when he is apprehended, re&s;i&s;teth; al|though our number be the greater,</HI> ad Demetrianum. <HI>The Souldiers under</HI> Julian <HI>the Apo&s;tate</HI> (&s;aith <HI>Augu&s;tine</HI>) <HI>did di&s;tingui&s;h the Lord Eternall from the Lord Tempo|rall; and yet for the Lord Eternall, they were &s;ubject al&s;o to the Lord Temporall,</HI> Upon P&s;. 124.</P>
<P><HI>Becau&s;e I fear God</HI> (&s;aith <HI>Gregory</HI> the Great) <HI>I fear to intermeddle in the Death of the Lombards,</HI> In Epi&s;t. ad Sabinianum. As for mine own particular <HI>(Paraeus)</HI> If Kings &s;hall draw Men on to Idolatry, I had rather imi|tate the Saints in their ob&s;ervancy, than you in your in|&s;olency; and that I &s;hould chu&s;e this rather, the Divine Law doth admoni&s;h and incite.</P>
<P>A Law is extant again&s;t tho&s;e who &s;hall &s;educe, and draw a&s;ide to Idolatry and Bla&s;phemy, <HI>Deut.</HI> 13.6. <HI>If thy Brother the Son of thy Mother, or thy Son, or thy Daugh|ter, or the Wife of thy bo&s;ome, or thy Friend, which is as thine own Soule, entice thee &s;ecretly; &s;aying, Let us go and &s;erve other goods, &amp;c.</HI> The Law is expre&s;&s;e concerning a Bro|ther, a Son, a Daughter, a Wife, a Friend; but as concer|ning a Father, in Husband, a Ma&s;ter, there is not a Word in the Law. The Law therefore extends not it &s;elfe to them therefore the Son is not bound to appeach his Fa|ther, nor the Wife her Husband, nor the Servant his Ma|&s;ter, &s;ecretly inticing, or forcibly compelling him to Ido|latry and although the appeachment of Father, Hu&s;|band or Ma&s;ter is not expre&s;ly forbidden; yet becau&s;e God gave an ab&s;olute and perfect Law, to which nothing may be added, and from which nothing may be detracted;
<PB N="19" REF="17">that is under&s;tood to be forbidden, which is not expre&s;t; but e&s;pecially becau&s;e, <HI>Penall Laws are to be re&s;trained,</HI> as <HI>To&s;tatus</HI> hath it upon <HI>Deut.</HI> 13. <HI>q.</HI> 3. That which is not lawfull to do, or at lea&s;t, which God requires not to be done again&s;t a Father, an Husband, or Ma&s;ter, we may by no means do again&s;t the King, who (as is before &s;aid) is the Father of His Country, the Husband of the Com|mon-wealth, and the &s;upreame Lord of all His Subjects.</P>
<P>La&s;tly, this Condition is repugnant to the Evangeli|call precepts; for if they be Ble&s;&s;ed,<NOTE PLACE="marg">Note.</NOTE> <HI>who do &s;uffer Per|&s;ecution for Righteou&s;ne&s;&s;e &s;ake;</HI> then are they not Ble&s;&s;ed, who will not &s;uffer Per&s;ecution for Righteou&s;ne&s;&s;e &s;ake; becau&s;e, in that they doe nor &s;uffer, but ri&s;e up again&s;t their Per&s;ecutors, they are convinced of &s;inne, and by &s;inning get to them&s;elves Damnation.</P>
</SP>
</DIV3>
<DIV3 N="3" TYPE="condition">
<HEAD>The Third Moderating Condition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>When &s;ome horrible injury is offered them.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>Chri&s;t him&s;elfe &s;uffered <HI>horrible injury,</HI> which <HI>Peter</HI> willing to Vindicate, he was repre&s;&s;ed by our Lord. The Per&s;ecutors in the times of the Primitive Church, did afflict the Chri&s;tians with <HI>horrible injuries,</HI> and under <HI>Con&s;tantius</HI> the <HI>Arrian</HI> Emperor, the Catholique Faith, did &s;uffer the mo&s;t Horrible of Injuries, which in the former and purer age of the Church did not &s;o much as think of Revenge. <HI>Baronius</HI> him&s;elfe will witne&s;&s;e it,
<PB N="20" REF="18">who writing about the Yeare 350. &s;aith,<NOTE PLACE="marg">When Chri|&s;tians fir&s;t began to be Antimonar|chians.</NOTE> <HI>Hee fir&s;t the Chri&s;tians Captain enraged, with a cur&s;ed de&s;ire of reigning, con&s;pired again&s;t the Chri&s;tian Emperors, whereas in times pa&s;t, not &s;o much as a Common &s;ouldier could be found, who &s;ided with the rebelling tyrants again&s;t the Emperors, al|though they were Heathens and Per&s;ecutors of Chri&s;tians:</HI> From Chri&s;t, tho&s;e Chri&s;tians, and true Catholiks, did the Faithfull learn their patience under the Turki&s;h cruelty, and the Prote&s;tants under the Popi&s;h Tyranny: which I think <HI>(Pareus)</HI> I will &s;peak freely.<NOTE PLACE="marg">The evils which follow upon the Do|ctrine of An|timonarchi|ans.</NOTE> You do <HI>hor|rible injury</HI> to Chri&s;t him&s;elf, all good Chri&s;tians; yea, even to mankinde, by this your Doctrine; which now ra|geth throughout the Chri&s;tian World, to the con&s;pira|cies of Citizens, &s;laughters of Princes, and pro&s;criptions of Kings, to the ruine of the Faith, and almo&s;t utter de|&s;truction of Chri&s;tianity it &s;elfe.</P>
<P><NOTE PLACE="marg">Paraeus con|demned by King <HI>James,</HI> the Bi&s;hop of London and his Clergy, and by the whole Uni|ver&s;itie of Oxford.</NOTE>From whence it was, that the mo&s;t Soveraign King, Head (under Chri&s;t) of the Church of <HI>England,</HI> the true Defendor of the Catholique Faith, and a&s;&s;ertor of the Chri&s;tian Truth, purged your Commentaries with &s;ire: The Bi&s;hop of <HI>London</HI> (a Man greater than prai&s;e can make him, born to the good of the Church, of the Coun|try, and of Learning it &s;elfe) together with his whole Clergy, condemned this your fourth que&s;tion, concer|ning the Civill Power of Here&s;ie and Sedition. Your foure Propo&s;itions, brought to &s;trict Examination, the Univer&s;itie of <HI>Oxford</HI> did not weigh in a Popular Scale, but corrected them by the Gold-Smiths Ballance; and that by a Publike Decree of the whole Univer&s;itie.</P>
<P>Why might not our Soveraign King commit to the revenging Flames? why might not the <HI>Orthodox Bi&s;hop</HI> pa&s;&s;e &s;entence and condemne? why might not the <HI>Aca|demian
<PB N="21" REF="18">Mu&s;es</HI> altogether bani&s;h? what Chri&s;t, the Apo|&s;tles, Fathers, Schoolemen, Prote&s;tants, and more mode|rate Papi&s;ts have all, at all times, in all places utterly re|jected. Of &s;o great an heap, I will give you a &s;mall hand|full.</P>
<P><NOTE PLACE="marg">Antimonar|chians oppo|&s;ed by Chri&s;t</NOTE>Chri&s;t. <HI>I &s;ay unto you, that ye re&s;i&s;t not evill, but who&s;oe|ver &s;hall &s;mite thee on the one Cheeke, turn to him the other al&s;o,</HI> Math. 5.39.</P>
<P><NOTE PLACE="marg">Apo&s;tles.</NOTE><Q>Peter. <HI>This is thankworthy, if a Man for Con&s;cience to|wards God endure griefe &s;uffering wrongfully; for what glo|ry is it, if when you be buffeted for your faults you take it patiently? but if when ye do well and &s;uffer for it ye take it patiently, this is acceptable with God,</HI> 1 Pet. c. 2. v. 19.</Q></P>
<P><NOTE PLACE="marg">Ancient Fathers.</NOTE> <Q>Tertullian. <HI>One Night could worke our revenge abun|dantly with a few fire-brands, were it a thing lawfull with us to render evill for evill, far be it that the Divine Sect &s;hould either &s;eek revenge by humane fire, or grieve to &s;uf|fer that whereby it is approved. So he in his Apology.</HI> Tell me <HI>(Paraeus)</HI> how could <HI>Tertullian</HI> live under the Sword of Per&s;ecutors without <HI>horrible injury?</HI></Q></P>
<P><Q>Nazianzen. <HI>Julian was repre&s;&s;ed by the Tears of Chri|&s;tians, which many abundantly &s;hed, having that onely reme|dy again&s;t the Per&s;ecutors,</HI> in Julian. orat. 1. They had other remedy (<HI>Paraeus</HI> being Judge) If <HI>Julian</HI> the Apo|&s;tate, the vile&s;t of Emperours, had offered &s;ome <HI>hainous injury</HI> to the Chri&s;tians.</Q></P>
<P><Q>Ambro&s;e. <HI>It was required of me that I &s;hould appea&s;e the People: I an&s;wered, It was my part and Duty not to &s;tir them up; it was in the hand of God to appea&s;e them.</HI> Epi&s;t. 33. It had been here your part <HI>(Paraeus)</HI> to have &s;tirted up a Popular Revenge for the <HI>hainous injury</HI> offe|red by the <HI>Arrian</HI> Emperor.</Q></P>
<PB N="22" REF="19">
<P>Pro&s;per of Aquitania. <HI>Let pre&s;ent evils be endured, till the promi&s;ed bli&s;&s;e 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 cau&s;e of the ju&s;t even in this time the better; who, by how much they are a&s;&s;aulted the more fiercely, by &s;o much they are Crowned the more gloriou&s;ly,</HI> Sent. 99. Declare to us <HI>(Paraeus)</HI> what &s;hall be the violence of the wicked again&s;t the Righte|ous, without <HI>horrible injury?</HI> my dulne&s;&s;e cannot appre|hend it.</P>
<P>Bernard. <HI>If all the World &s;hould con&s;pire again&s;t me, to force me to attempt any thing again&s;t the Royall Maje&s;ty, yet would I fear God, and not dare ra&s;hly to offend the King ordain'd by him, for I am not ignorant how I have Read, he that re&s;i&s;teth the power re&s;i&s;teth the ordinance of God,</HI> Epi&s;t. 170. to King <HI>Lewis.</HI> Dare&s;t thou not <HI>(Bernard)</HI> to remove the <HI>horrible injury,</HI> offered even to the whole Clergy? all who&s;e goods King <HI>Lewis</HI> had invaded; and which was wor&s;e, he would heare no admonitions for Amendment or Re&s;titution, as <HI>Robert Gaguinus</HI> hath it, <HI>lib.</HI> 6. without doubt either <HI>Bernard</HI> err'd, or <HI>Paraeus</HI> dotes.</P>
<P><NOTE PLACE="marg">School-men.</NOTE> Let us turn a&s;ide (if you plea&s;e) into the Schooles, where pre&s;ently will meet us our Countryman, <HI>Alexan|der de Hales,</HI> who concerning the Duty of Subjects to|wards their Princes, has the&s;e words: <HI>The evill ought to be &s;ubject for the fault of their unrea&s;onablene&s;&s;e; but the good f<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">r that Duty they owe to the Divine Ordinance, and the benefit of purging them&s;elves.</HI> From whence <HI>Ambro&s;e</HI> upon that, <HI>Princes are not a terrour, &amp;c. If the Prince be good, he doth not puni&s;h, but love him that doth well; but if he be evill, he doth not hurt, but purge: he is not there|fore
<PB N="23" REF="19">a terrour to him that doth well: But the wicked ought to fear, becau&s;e Princes are appointed to puni&s;h the wicked.</HI> Thus he, part. 3. que&s;t. 48. memb. 2. art. 1. Do&s;t thou heare <HI>(Paraeus)</HI> the Power of the Superiour, though cru|ell and unju&s;t, doth not hurt, but purge the Righteous.</P>
<P>Will you heare <HI>Aquinas? The Faith of Chri&s;t is the beginning and cau&s;e of Righteou&s;ne&s;&s;e, and therefore by the Faith of Chri&s;t, the order of Ju&s;tice is not abrogated, but confirmed: and the order of Ju&s;tice requires, that the In|feriours obey the Superiours, otherwi&s;e the &s;tate of humane affairs cannot be pre&s;erved&punc; and therefore the Faithfull, by the Faith of Chri&s;t are not excu&s;ed from their obedience to &s;ecular Princes,</HI> in 2.2. q. 104. art. 6. Have you it now <HI>(Paraeus)</HI> Faith doth not &s;ubject the Superiours to the Inferiours again&s;t the Order of Ju&s;tice; neither doth it permit the Power of the Sword to the Subject again&s;t the Prince upon any cau&s;e, becau&s;e that inordinate Pow|er would tend to the de&s;truction of all humane things.</P>
<P><NOTE PLACE="marg">See the &s;e|venth rea&s;on from the o|pinion of Prote&s;tant Divines.</NOTE>The Faithfull Flock of Chri&s;t, long &s;ince, and at this Day obey the Turk, not without <HI>horrible injury,</HI> yet are they Subject, and alwaies have been, not for wrath, but for Con&s;cience &s;ake; and among&s;t the Prote&s;tants, <HI>Lu|ther, Melancthon, Brentius, Cranmer</HI> Archbi&s;hop of <HI>Canter|bury, Tyndall,</HI> and <HI>Barnes</HI> doe condemne this error with an Anathema. To whom I add the famous Example of a brave Prince; an Example acceptable to God, whol|&s;ome for the Common-wealth, honourable to the Prince: which I would have thee Reade (<HI>Paraeus,</HI> that thou may&s;t learn to be wi&s;e) in<NOTE N="*" PLACE="marg">Berchet, in explicat. con|trover&s;iae Gal licanae. c. <HI>7.</HI> Servinus pro libertate Ec|cle&s;iae, &amp; Sta|tu Regni. Tom. <HI>3.</HI> Mo|narchiae Ro|manae. p. <HI>202.</HI></NOTE> <HI>Berchetus,</HI> and <HI>Johannes Servinus:</HI> I will relate it in briefe, <HI>When in France</HI> (after the Ma&s;&s;a|cre in Paris) <HI>the reformed Religion &s;eem'd as it were de|&s;erted and almo&s;t extinct</HI> (which I thinke could not be
<PB N="24" REF="20"><HI REND="margQuotes">done without <HI>horrible injury: A certain King, powerfull in &s;trength, rich in Gold, and dreadfull in his Navy; with whom when the King of</HI> France <HI>was at odds, he di&s;pacht a &s;olemne Emba&s;&s;age to</HI> Henry <HI>King of</HI> Navarre, <HI>and other</HI> Prote&s;tants <HI>it was commanded the Emba&s;&s;adors, that they &s;hould &s;et the</HI> Prote&s;tants <HI>and</HI> Papi&s;ts <HI>at &s;trife together, and to Arme Prince</HI> Henry (who lived at Bearne under the Government of the Chri&s;tian King) <HI>again&s;t the King; which they endeavoured with all Art and cunning attempt,</HI><NOTE PLACE="marg">Note.</NOTE> <HI>but in vain.</HI> Henry <HI>a good Subject, and as ano|ther</HI> David, <HI>being him&s;elf to be King, he would not fore-run the Day of the Lord. The Emba&s;&s;adors offered large, rich, and bountifull Conditions, among&s;t the re&s;t there was ten|der'd three hundred thou&s;and Crowns in readine&s;&s;e to make preparation of War, and a nece&s;&s;ary &s;umme for continuing the War was to be payd every Moneth.</HI> Henry <HI>a faithfull Chri&s;tian, a good Prince, de prived of his Wife, removed from the publique Admini&s;tration of the Common-wealth, and for who&s;e &s;ake, the King had bani&s;ht very many</HI> Prote|&s;tants,, <HI>and &s;lain their</HI> Pa&s;tors (I would have you <HI>Paraeus</HI> to acknowledge the words of your own <HI>Bucan</HI>) <HI>yet did not</HI> Henry <HI>&s;tretch out his hand again&s;t the Lords Annoyn|ted; he would have none of their Gold, he refu&s;ed the Condi|tions, and di&s;mi&s;t the Emba&s;&s;adors; as Witne&s;&s;e of his Faith towards God, his faithfulne&s;&s;e towards his King, and his peaceable mind towards his Country.</HI></HI> There remains now no &s;tarting hole for you <HI>(Paraeus)</HI> here was an <HI>horrible in|jury</HI> done to the Inferiour Magi&s;trate as well as others, yet becau&s;e a Lawfull Power was wanting to <HI>Henry</HI> (which you Dream to be ordinary) again&s;t the Power ordained by God; he cho&s;e rather according to Chri&s;ts precept, to &s;uffer a Greivous Injury with patience,
<PB N="25" REF="20">than according to your Pre&s;cript, to re&s;i&s;t the Power ordained by God.</P>
<P><NOTE PLACE="marg">What hath been the Re|ligion of the Prote&s;tants.</NOTE>This is <HI>(Paraeus)</HI> and ever has been the Religion of the Prote&s;tants, not to offer but to &s;uffer injuries; to render good for evill, and not to repre&s;&s;e Per&s;ecutors placed in Authority by Force or Sword, but procure their favour by Patience, Love, and Benevolence; which truth, even the more moderate Papi&s;ts them&s;elves do not abhorre, who are aver&s;e from the Tyranny of the Papall Monar|chy, and the popular Anarchy of the Puritans. <HI>William Barclay</HI> may be one in &s;tead of all, his Words are the&s;e: <HI>Oftentimes there happens cau&s;es, for which we are not bound to doe the commands of the Magi&s;trate,</HI> namely; <HI>when he commands contrary to the commands of God. But there can be no cau&s;e why we &s;hould re&s;i&s;t him, executing the un|ju&s;t &s;entence of condemnation,</HI><NOTE PLACE="marg">Note.</NOTE> <HI>and requiring puni&s;hment out of malice, under pretence of Authority, becau&s;e he has power ordained him by God, which if he abu&s;eth, he is to be re&s;trained by lawfull means, not by the violence of the Sub|jects,</HI> and after a few Lines, <HI>Nothing remains to the guil|ty, but that he commit his cau&s;e to the knowledge of the Om|nipotent God, and that he expect his Judgement who is King of Kings, and the Judge of all Judges, he will un|doubtedly cha&s;tice and correct the inju&s;tice of the &s;entence by the &s;everity of his eternall Ju&s;tice:</HI> Thus he, <HI>lib.</HI> 3. <HI>c.</HI> 10. Remember <HI>(Paraeus)</HI> this your <HI>horrible injury,</HI> and repent.</P>
</SP>
</DIV3>
<DIV3 N="4" TYPE="condition">
<HEAD>The Fourth Moderating Condition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>If they cannot otherwi&s;e be &s;afe in their Fortunes, Lives, and Con&s;ciences.</HI></P>
</SP>
<PB N="26" REF="21">
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>O the Blindne&s;&s;e of the Primitive Church, of the Ancient Fathers! to whom that light of a New Go&s;|pel hath not &s;hined. Tho&s;e men born to mi&s;ery (or this Divinity is fal&s;e) have altogether erred, who were &s;o willing patiently to undergoe the pangs of Martyrdom, and when they were both the more in number, and the &s;tronger in power, would not by Force and Arms de|fend their Fortunes from the Tyrants, their Lives from the Per&s;ecutors, or their Faith from Hereticall Kings.</P>
</SP>
</DIV3>
<DIV3 N="5" TYPE="condition">
<HEAD>The fir&s;t Moderating Condition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>That under pretence of Religion or Ju&s;tice, they &s;eek not their own.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">Ju&s;tice and Re<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">igi on the pretence of Rebellion.</NOTE>A Subject (of what condition &s;oever he be) who re|&s;i&s;ts the King, &s;eeks not his own, but covers other Mens Goods, yet obtains them not, unle&s;&s;e he pretend ju&s;tice and Religion. <HI>Lucifer</HI> him&s;elf doth not deceive Men, but as transformed into an Angell of Light; neither doth Vice deceive any Man, unle&s;&s;e it a&s;&s;ume the name of Hone&s;ty.</P>
<P>What need of pretence <HI>Paraeus?</HI> Rebellion it &s;elf is Ju&s;tice and Religion; and by how much any is more ex|pert in Treachery and Trea&s;on, by &s;o much is he accoun|ted the more Ju&s;t and Holy. I would to God this our
<PB N="27" REF="21">Age were not an eye-witne&s;&s;e of this Religious Ju&s;tice. Let an inferiour Magi&s;trate inforce his Superiour into Order, though to the diminution of Maje&s;ty. <HI>Buchanan</HI> (a Man, if we give any credit to the Con&s;i&s;torians,<NOTE PLACE="marg"><P>T. B.</P> <P>L. D.</P></NOTE> mo&s;t excellent and the light of his Age) he will cry out pro&s;ently, <HI>an Act ju&s;t, holy, and pray&s;e worthy,</HI> and that not in one place alone, but almo&s;t in every page of foure Books, which he compo&s;ed to the envie of one Prince, and the injury of all Kings.</P>
<P><NOTE PLACE="marg">Traytors magnified by the Pa|pi&s;ts.</NOTE>Let <HI>Parry</HI> draw his Dagger; he &s;hall forthwith re|ceive Apo&s;tolicall Benediction, for the Remi&s;&s;ion of his &s;ins, and Salvation of his Soule. Let a Monke &s;tab a King, he &s;hall be extold in the pray&s;es of &s;laying <HI>Holo|fernes,</HI> even this in the Con&s;i&s;tory of the Pope.</P>
<P>Let a Traytor attempt the De&s;truction of King and Kingdom by Gunpowder, he &s;hall be in&s;erted into the Catalogue of Martyrs. Let <HI>Ca&s;tellus</HI> &s;trik at the throat of a King, or break his tooth, he &s;hall be honoured to eternity under the name of <HI>Franci&s;cus Veronen&s;is Con|&s;tantinus,</HI> in the Elogy of <HI>John Boucher;</HI> heare ye Ca|tholike men what the Father the Je&s;uite thinks of tho&s;e holy men and Religious. <HI>If they e&s;cape death, they are ad|mired as great Worthies; if it happen otherwi&s;e: they fall by their noble endeavours, a Sacrifice acceptable to the Gods, acceptable to men, even to the Memory of all po&s;terity.</HI></P>
<P><NOTE PLACE="marg">By the Pre&s;|byterians.</NOTE> Heare al&s;o a noble payre of Puritan Brothers, <HI>Were it lawfull for me to make a Law; I would command rewards to be appointed to the &s;layers 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 &s;lain Wolves or Bears, or caught any of their Whelps,</HI> Buchan, de Jure Regni, p. 31. <HI>All Citi|zens which are lovers of their Country, and which de&s;ire the
<PB N="28" REF="22">&s;afety of the Commonwealth, ought to adjoyne them&s;elves to the inferiour Magi&s;trate, again&s;t the Supreame; and tho&s;e &s;ame men (Victory being gotten) are to be preferred before the re&s;t, in obtaining the dignities of the Kingdom, and be|fore them e&s;pecially who gave back, and adjoyned not them|&s;elves to him.</HI> Thus <HI>Danaeus</HI> de politia Chri&s;tiana, lib. 6. pag. 460.</P>
<P>Who doth not abhorre this mon&s;trous kind of Do|ctrines? in di&s;proving whereof, he doth but mi&s;u&s;e his pains, who abounds with lei&s;ure and Learning. Let pa&s;&s;e this pretence <HI>(Paraeus)</HI> it is not lawfull for the Subject to re&s;i&s;t the King,<NOTE PLACE="marg">We may not re&s;i&s;t the King upon any pretence of Religion or Ju&s;tice.</NOTE> though a Tyrant, upon any cau&s;e what&s;o|ever; either of true Religion, or of Ju&s;tice, without inju|ry to the Divine Law, the Go&s;pell of Chri&s;t, and Tradi|tion of the ancient Church. <HI>Mo&s;es</HI> had the true cau&s;e of Ju&s;tice, who revenged his Brother upon the &AElig;gypti|an. <HI>Peter</HI> had a true zeal of Religion, when he would have delivered his mo&s;t innocent Lord, oppre&s;&s;ed with mo&s;t <HI>horrible injury,</HI> from the hands of his Per&s;ecutors. Yet did <HI>Mo&s;es</HI> offend, and &s;o did <HI>Peter;</HI> both (that I may u&s;e the words of Saint <HI>Augu&s;tine</HI>) did exceed the rule of Ju&s;tice: he (that is <HI>Mo&s;es</HI>) offended, through the love he had to his Brother; and the other (that is <HI>Peter</HI>) through the love he had to his Ma&s;ter: again&s;t <HI>Fau&s;tus Mani|chaeus, l.</HI> 22. <HI>c.</HI> 70.</P>
<P>That which was not lawfull, long &s;ince, for <HI>Mo&s;es</HI> in the behalfe of his Brother; that which was not lawfull for <HI>Peter,</HI> in the behalfe of his Ma&s;ter, and the Religion of Chri&s;t&punc; is not at this day lawfull for any man, for Religions &s;ake, whether it be Roman or Reformed; un|le&s;&s;e it be by a New Go&s;pel, not yet fully reveal'd to the Chri&s;tian World. That Decree of the ancient Coun|cell
<PB N="29" REF="22">held at <HI>Eliboris,</HI> is well known. If any &s;hall<NOTE N="*" PLACE="marg">That is, without law|full autho|rity.</NOTE> break in pieces the Idols, and there (or then) be &s;lain; becau&s;e it is not found commanded in the Go&s;pel, or practi&s;ed by the Apo&s;tles, it hath plea&s;ed us (to decree) that he be not re|ceived into the number of Martyrs, <HI>Can.</HI> 60. Yea, the for|mer and purer Church hath dete&s;ted this Ju&s;tice and Re|ligion, more than either Dog or Serpent, of who&s;e prai&s;e Saint <HI>Augu&s;tine</HI> &s;peaks <HI>De Civit. Dei, l.</HI> 22. <HI>c.</HI> 6. <HI>The City of Chri&s;t, though it was a &s;tranger on Earth, and had great troops of people again&s;t the wicked per&s;ecutors, yet did it not fight for temporall &s;afety; but rather not re&s;i&s;t, to ob|tain eternall &s;afety.</HI></P>
<P><NOTE PLACE="marg">To take up Arms a|gain&s;t a Ty|rant were it lawfull, yet is it not ex|pedient.</NOTE>True Religion was alwaies humble, and the con&s;erver of Kingdoms. The fal&s;e Religion, that hath alwaies &s;et Kings at odds, and Arm'd the Subjects again&s;t their Su|periours; from whence it appears, this is not the true Re|ligion; but &s;uch as hath put on the faire &s;hew and &s;peci|ous maske of Piety; and the better the Author is of which it boa&s;teth; the more dete&s;table it is.</P>
<P>I will &s;ay further; were it a thing Lawfull, yet were it not a thing expedient: For the mi&s;erable People whil&s;t they endeavour to &s;hun the Scylla of one Mans Tyranny; they fall headlong upon that Charybdis of many Tyrannies. All things &s;hall be expo&s;ed to deva|&s;tation, and de&s;truction: The Pea&s;ant will in&s;ult over the Nobleman; the Servant, over his Ma&s;ter; the Rob|ber, over the Rich; the Oppre&s;&s;or, over the Citizen; the Adulterer over the Matron; the Lecher over the Vir|gin; the Pyrat over the Merchant; the Thief, over the Traveller; and the Spoyler, over the Husbandman: La&s;tly, one Man will be a Wolfe to another. This evill <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">iberty will endure no Law; no Law will make a mo&s;t
<PB N="30" REF="23">mi&s;erable Common-wealth; when every man may doe what &s;eemeth good in his own eyes, as it was in tho&s;e Dayes, when there was no King in I&s;rael.</P>
</SP>
</DIV3>
<DIV3 N="6" TYPE="condition">
<HEAD>The Sixth Moderating Condition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>A favourable Interpretation being alwaies re&s;erved, and the ordering of an unblameable defence according to the Laws.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>It is not <HI>an unblameable Defence,</HI> but a mo&s;t dete&s;ta|ble Sedition to re&s;i&s;t the Superiour. The places of Scripture again&s;t this Sedition are &s;o clear and manife&s;t, that they cannot be eluded by any &s;ly eva&s;ion, <HI>Prov.</HI> 20.22. <HI>Rom.</HI> 12.19. 1 <HI>The&s;.</HI> 5.15. 1 <HI>Pet.</HI> 3.9. who&s;oever therefore &s;hall offer violence (unto any man) not com|manded by an ordinate power, is guilty of &s;inning; both again&s;t the Divine and humane Maje&s;ty. To the Mo|derating Conditions, he hath adjoyned &s;ome Rea&s;ons, whereof the fir&s;t is,</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Becau&s;e the Superiour Magi&s;trate is &s;ubject to the Di|vine Laws and to his Commonwealth; which appears in</HI> Deut. ch. 17. Jo&s;hua 1.8.</P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">Paraeus his Rea&s;ons an|&s;wered.</NOTE>That the King is &s;ubject to the Divine Laws, Who
<PB N="31" REF="23">denyes? he is &s;ubject al&s;o to the Laws of the Common|wealth, though not in the &s;ame manner; to the Divine Laws ab&s;olutely; and to the Laws of the Common|wealth, not for 'its coaction, but direction; as <HI>Thomas</HI> witne&s;&s;eth; <HI>The Prince is &s;aid to be free from the Laws as concerning the coactive power of the Law; becau&s;e no Man can pa&s;&s;e Sentence of Condemnation upon him: but as concerning the directive power of the Law, he is not free,</HI> 1.2. que&s;t. 96. art. 5. ad. 3.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>The Law of God, doth not onely forbid Tyranny, but al&s;o commands it to be lawfully re&s;trained. He that &s;heds Mans Blood, &amp;c.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">God the on|ly remover of Tyrants.</NOTE>He that is Lord of all forbids Tyranny, and takes it away, when, and how he will; at his command <HI>Jehu</HI> un|&s;heaths his Sword; where God commands not, <HI>Peter</HI> puts up his Sword, even in the cau&s;e of Chri&s;t. For if any will betake him&s;elfe to his Arms, without the com|mand of his Superiour, he &s;hall pre&s;ently heare, <HI>He that &s;triketh with the Sword &s;hall peri&s;h by the Sword;</HI> For God will not have an evill taken away, but in a lawfull manner, and by lawfull means. Though therefore it be ju&s;t that Tyrants &s;hould &s;uffer; yet mo&s;t unju&s;t that Sub|jects &s;hould inflict puni&s;hment. God brought again&s;t <HI>Pharaoh,</HI> Frogs, Flyes, Locu&s;ts, Haile, and other Plagues of that &s;ort; he did not &s;tir up his Subjects again&s;t him. Again&s;t the Kings of <HI>Judah</HI> and of <HI>I&s;rael,</HI> he armed the
<PB N="32" REF="24">Forraigne Enemy, not the native Citizen. That place in <HI>Gen.</HI> 9.6. <HI>Fevardentius</HI> long &s;ince wre&s;ted to the &s;ame &s;ence, whom <HI>Paraeus</HI> now follows; but with little credit. For God will not that Mans Blood be &s;hed, but by a Man Inve&s;ted with Authority: as Saint <HI>Augu&s;tine</HI> con|cludes directly again&s;t <HI>Fau&s;tus Manichaeus, lib.</HI> 22. <HI>c.</HI> 70. but to no Man living is there Power or Juri&s;diction gi|ven over the Superiour Magi&s;trate, as <HI>O tho Fri&s;ingen&s;is</HI> hath it: <HI>For &s;eeing 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 &s;o much the more dreadfull, by how much they may &s;i<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> with the more freedom,</HI> in Epi&s;t. ad Freder. &AElig;nobarb.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Al&s;o becau&s;e the Emperour witne&s;&s;eth him&s;elfe that he would not, that his decrees &s;hould have place in judgements again&s;t Law; but that they become voyd, if by chance they be known to depart from Ju&s;tice, and</HI> lib. 4. cap. de lege Princip. <HI>A voice it is worthy the Maje&s;ty of a King; to profe&s;&s;e him&s;elfe bound to his Laws.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>What? &s;hall that which is granted for Publique Peace and Ju&s;tice &s;ake, be turned to an occa&s;ion of Par|ricide? Emperours, they are the Authors, Interpreters, and Defenders of the Laws, to which they freely &s;ubmit them&s;elves, but are compelled by none. That which the Clemency of the King doth indulge to the Prelats, No|bles, or Commons, doth neither dimini&s;h His Maje&s;ty,
<PB N="33" REF="24">nor confer upon them any Right or Power above the Prince; who &s;o de&s;ires more, let him con&s;ult <HI>Barclay</HI> again&s;t the <HI>Monarchomachi, lib.</HI> 3. <HI>cap.</HI> 15. the Apology for Kings, <HI>cap.</HI> 34. <HI>Saravia de imper. author. lib.</HI> 4. <HI>c.</HI> 11. <HI>&amp; Joannes Roffen&s;is, de &V;&s;urpata Pontif. pote&s;t, l.</HI> 2. <HI>c.</HI> 8.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Therefore al&s;o the Tyranny and Robberies of the Superi|our Magi&s;trate, ought to be re&s;trained by the ordinary Power; which in every Polity, is either the Inferiour Ma|gi&s;trate, or the con&s;ent of the People.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">Princes though wic|ked are not to be reviled.</NOTE> <HI>Tyranny and Robbery,</HI> are the revilings of Magi&s;trates, unbe&s;eeming a Divine, not &s;avouring of the Spirit of the Prophets. There were very many Kings of the Jews, and have been in the Church of Chri&s;t, who have Reigned Tyrannou&s;ly, Wor&s;hipped Idols, forcibly drawn their Subjects to Idolatry, and afflicted the innocent with <HI>horrible injury;</HI> of whom not one in all the Sacred or Eccle&s;ia&s;ticall Hi&s;tory, or in the Ancient Fathers, is called by the name of <HI>Tyrant</HI> or <HI>Robber</HI> (if we except but the revilings of <HI>Lu|cifer Calaritanus</HI> again&s;t <HI>Con&s;tantius</HI>) that we may learn, that Kings, Gods Vicegerents, though they abu&s;e that Power, are not to be reviled with a reproachfull Tongue. <HI>The Actions of tho&s;e who are &s;et over us</HI> (&s;aith <HI>Gregory</HI> the Great) <HI>are not to be &s;truck at by the Sword of the Mouth, no not even then, when they are judged ju&s;tly to be reproved; but if the Tongue at any time &s;lip out again&s;t them, though
<PB N="34" REF="25">but in the &s;malle&s;t matters, it is nece&s;&s;ary, that the Heart be afflicted in repentance, that he may return to him&s;elf; and &s;eeing he hath offended the Power &s;et over him, he may tremble at the judgement of him, who hath &s;et the Power over him,</HI> thus he, <HI>Pa&s;tor. part.</HI> 3. <HI>adm.</HI> 5. <HI>fol.</HI> 16. This Conclu&s;ion gathered from fal&s;e Propo&s;itions, is &s;editi|ous, and de&s;tructive of all Monarchy: For if the chief coercive Power in every Polity be in the Inferiour Ma|gi&s;trate, or the con&s;ent 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.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Becau&s;e it is the duty of the Inferiour Magi&s;trate, no le&s;&s;e then of the Superiour, to defend the Life and &s;afety of the Subjects again&s;t the horrible injuries, and unju&s;t vio|lence of Robbers and Tyrants, whether Forraign or Dome|&s;tick; which is proved, becau&s;e of them it is &s;aid. He is the Mini&s;ter 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, &amp;c.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">Kings not ly|able to be pu|ni&s;hed by the Inferiour Magi&s;trate.</NOTE> <HI>Paraeus</HI> in the Explication of that Text in <HI>Gen.</HI> 9.6. followed <HI>Fevardentius&punc;</HI> here he is plain <HI>Buchanan,</HI> contra|ry to the Sence of St. <HI>Paul,</HI> and the unanimous con&s;ent of the Church. For the actions of Kings cannot be brought to puni&s;hment, becau&s;e they have no Man to be a competent Judge over them: the Inferiour Magi&s;trate is Subject to the Superiour, by whom he &s;uffers the
<PB N="35" REF="25">puni&s;hment due unto his committed wickedne&s;&s;e, the Superiour is held guilty before God alone, not before any Mortall Man, as <HI>To&s;tatus</HI> mo&s;t truely: <HI>If any of the Rulers over Ten had &s;inned, he was brought to his tryall before the Rulers over Fifties; if any of them had &s;inned, he was brought to his Triall before the Rulers over Hun|dreds; if any of them had &s;inned, he was brought to his tryall before the Heads over the tribes; if any of them had &s;inned, he was brought to his tryall before the Seventy El|ders; if any of them had &s;inned, he was brought to his tryall before</HI> Mo&s;es; <HI>if</HI> Mo&s;es <HI>had &s;inned, He had God alone to be His Avenger.</HI> Thus he, upon <HI>Numb.</HI> 25.9.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Al&s;o, becau&s;e the Inferiour Magi&s;trates are therefore added to the Superiour, both that they may be Companions in their Government, and al&s;o, that they may moderate their immen&s;e Liberty; which, therefore, when they do bridle, they u&s;e the Authority and Sword, delivered unto them by the Divine Power, by a Lawfull calling.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">A great er|ror of Parae|us di&s;cove|red and di&s;|proved.</NOTE>Here <HI>Paraeus</HI> is &s;hamefully deceived, with hazard to them who are &s;o addicted to him, as a tryed Man, for his &s;ingular Learning; that they think they may &s;afely Beleive, what&s;oever he Affirms; and Reject what&s;oever he Di&s;allowes. For there is not in the Sacred Scripture any Foot-&s;tep of this Authority, which he averts to be delivered by the Divine Power. God the di&s;po&s;er and pre&s;erver of Politicall Order, never in&s;tituted this pre|tended
<PB N="36" REF="26">Power; God (I &s;ay) not the People de&s;igned <HI>Mo&s;es, Jo&s;uah,</HI> and the <HI>Judges,</HI> and guirt them with the Sword. <HI>Mo&s;es</HI> Gods Vicar, He numbers the Heads of the Tribes, con&s;tituted the Seventy Elders, appointed the Tribunes, Centurians, Quinquagenarians, and Decu|rians; who ever acknowledged them&s;elve, nor Compa|nions to <HI>Mo&s;es</HI> in Government, but his Subjects. And all the re&s;t of the Kings, alwaies cho&s;e to them&s;elves Councellors and Inferiour Magi&s;trates, both to le&s;&s;en their care and carefulnes, and that they might have Hel|pers in handling &amp; di&s;patching their more difficult mat|ters; not that tho&s;e Magi&s;trates may make any Law to moderate the Royall Liberty, or to revenge their Ty|ranny; he affirms, but proves not, that the Inferiour Power is added to the Superiour for revenge and wrath. <HI>If it be commanded, it is pre&s;umption, and &s;hall procure puni&s;hment, not reward, becau&s;e it redounds to the di&s;grace of the Creator;</HI> (&s;aith <HI>Augu&s;tine</HI>) <HI>that the Servants &s;hould be honoured, the Head being de&s;pi&s;ed&punc; and that the followers &s;hould be reverenced, the Emperour being contemned.</HI> This Addition therefore is point blank again&s;t the opinion of the Fathers and Prote&s;tants (of whom we &s;hall &s;peak in due place) as al&s;o the mo&s;t Learned Men, who have in this our Age, illu&s;trated the Civill Polity with their writings: con&s;ult <HI>Bodine de Repub. lib.</HI> 2. <HI>cap.</HI> 5. the Apology for Kings, <HI>cap.</HI> 27. <HI>Barclay</HI> again&s;t the Mo|narchom. <HI>lib.</HI> 3. <HI>cap.</HI> 6. <HI>Berchet in explic. controver. Gal|lic. cap.</HI> 2. <HI>Saravia de imper. author. lib.</HI> 2. <HI>cap.</HI> 36. <HI>Sigonius de Repub. Judaeor. lib.</HI> 7. <HI>cap.</HI> 3.<NOTE PLACE="marg">Note.</NOTE> The Magi&s;trates which are above the People, are below the King; whence it is, that neither the People may re&s;i&s;t the Magi&s;trate, nor the Magi&s;trate re&s;i&s;t the King, without Sacriledge.
<PB N="37" REF="26">Chri&s;t him&s;elfe hath taught, and &s;o the Apo&s;tles, and the Di&s;ciples of the Apo&s;tles, and all Interpreters of Divine and Humane Laws have taught us, That <HI>the grea|ter neither ought to he judged, nor condemned by the le&s;&s;er;</HI> Neither was it ever lawfull for the Pope, Nobility, or People, to cha&s;ti&s;e the King, till <HI>Hildebrands</HI> firebrands were kindled, to the &s;etting on fire all Chri&s;tendom. This Doctrine therefore is novell and In&s;olent; whereof there is not extant in either the Old or New Te&s;ta|ment, any Precept, or probable Example. If there be any, let it be produced, and I will yeeld my &s;elfe con|quered, and become &s;lave to the Fathers the Je&s;uits, and to the Brethren the Puritans. We have this truth clea|red and confirmed in Writings which &s;hall remain, committed to Po&s;terity, by <HI>Thomas Bil&s;on</HI> late Bi&s;hop of <HI>Winche&s;ter,</HI> in the &s;eventh Chapter of his Perpetuall Government of the Church, and <HI>Peter Greg. Tholo&s;. de Repub. lib.</HI> 5. <HI>cap.</HI> 3. <HI>num.</HI> 14.15.16.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>In who&s;e power it is to con&s;titute; in their power it is to re&s;train or take away tho&s;e, who rage in a di&s;orderly vio|lence: but they are con&s;tituted, either by the con&s;ent of the People, or by the Senate, or by the Electors, or by other Ma|gi&s;trates; Therefore the&s;e doe well, when they either re&s;train or take them away.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>This A&s;&s;ertion is Capitall, which the Emperour will not admit, the King will not &s;uffer; which <HI>Bellar|mine</HI>
<PB N="38" REF="27">him&s;elfe doth affirme to be rejected by the con&s;ent of all Divines, that it is not nece&s;&s;ary for me to refute it.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>A Magi&s;trate that is mad, is ju&s;tly removed by Pub|lique Authority; as</HI> Nebuchadnezzer <HI>being turn'd into a furious Bea&s;t, was driven out from the Company of Men,</HI> Dan. 4.31.</P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>The ca&s;ting out of <HI>Nebuchadnezzar</HI> was extraordina|ry: as there are many things by Divine command in the Sacred Scriptures;<NOTE PLACE="marg">How Nebu|chadnezzar was driven out is uncer|tain.</NOTE> which without Sacriledge cannot be drawn into example. How&s;oever, the manner of his ca|&s;ting out, is doubtfull and uncertain, <HI>Calvin</HI> being Wit|ne&s;&s;e: <HI>It is uncertain, whether God &s;mote this King with fury, &s;o, as that he fled away, and lay hid for &s;ome time;</HI> (they are the words of <HI>Calvin</HI>) <HI>or that he was ca&s;t out by a Tumult, and Con&s;piracy of his Nobles; or el&s;e by the con|&s;ent of the whole People. This is doubtfull, becau&s;e the Hi|&s;tories of tho&s;e times are unknown to us;</HI> and that indeed he was not turned into a wilde Bea&s;t; the &s;ame <HI>Calvin</HI> will tell us: <HI>It is probable</HI> (&s;aith he) <HI>that he was &s;o a&s;toni&s;ht, that God left him the Forme of a Man, but took away his rea&s;on.</HI> This <HI>Calvin</HI> upon <HI>Dan.</HI> 4.32. From a Miracu|lou; Act, and from doubtfull and uncertain Circum&s;tan|ces, to gather a &s;ure and certain rule, is the part of him who hath little Brains in his Head.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>A raging and cruell Tyrant is like to a mad Man.</HI></P>
</SP>
<PB N="39" REF="27">
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>All the&s;e are very ill compared together. Every pri|vate Man is Armed by the Divine Law, the in&s;tinct of Nature, and publique Authority, again&s;t Robbers and vi|olent &s;poilers: a Tyrant being &s;eated in an higher Pow|er, is liable to puni&s;hment by no Humane Laws, being &s;afe in the height of his Empire. Whence it was, that David, <HI>not ignorant of the Divine Ordinance in the Of|fice of the Regall Order, he honoured</HI> Saul (a Tyrant, and defiled with all kinde of wickedne&s;&s;e) <HI>as yet placed in that &s;ame Divine Ordinance, lea&s;t he might &s;eem to do injury to God, who hath decreed honour to tho&s;e Orders. For the King hath the Image of God, as the Bi&s;hop the Image of Chri&s;t. So long then, as he is in that Divine Ordinance, he is to be honoured, if not for him&s;elf, yet for the Orders &s;ake,</HI> as Saint <HI>Augu&s;tine</HI> hath it,<NOTE PLACE="marg">The Rea&s;on not the &s;ame for a tyrant and a mad King.</NOTE> in <HI>quea&s;t.</HI> out of the Old Te&s;tament, <HI>qu.</HI> 35. Neither in all things, is the rea|&s;on the &s;ame, for a <HI>Tyrant,</HI> and for a <HI>mad Man. Tyranny</HI> doth proceed from Pride, Covetou&s;ne&s;&s;e, Cruelty, Wickedne&s;&s;e, and innate Malice. <HI>Madne&s;&s;e</HI> doth not proceed, but from ill affected Nature; and the Laws do not puni&s;h Di&s;&s;ea&s;es, but Impieties. A Magi&s;trate that is <HI>Mad</HI> (&s;aith <HI>(Paraeus)</HI> is ju&s;tly removed; ju&s;tly good Sir? that is ju&s;t, which agrees with the Rule of Ju&s;tice, this oppo&s;eth all Rule. The Law of Chri&s;t de|prives no Man of his Right; by the Law of Nations, Kingdoms are not po&s;&s;e&s;t by Vertue, or Wi&s;dom, but de&s;cent. The Civill Laws do not permit any defect in the mind, to be any hinderance, whereby Kings may be accounted Legitimate; to whom they pre&s;cribe a
<PB N="40" REF="28">Protector, an A&s;&s;i&s;tant, or Mini&s;ter of State to be ap|pointed, lea&s;t the welfare of the Subjects, and &s;afety of the Common-wealth be put to hazard; concerning whom, con&s;ult the Apology for Kings, <HI>cav.</HI> 20. <HI>Barclay contra Monarch. lib.</HI> 5. <HI>cap.</HI> 9. and <HI>Saravia de imperandi authorit. lib.</HI> 4. <HI>cap.</HI> 39.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>The &s;ame is confirmed by worthy Examples, both Sa|cred and Prophane. The</HI> I&s;raelites <HI>oftentimes by their Judges made In&s;urrection again&s;t the Neighbouring Ty|rants, by whom they were cruelly handled.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>There is nothing that can be produced &s;o wicked, &s;o ab&s;urd, or &s;o fooli&s;h, whereof an Example may not be drawn out of Sacred and Profane Hi&s;tory: but the&s;e ex|amples <HI>(Paraeus)</HI> prove nothing;<NOTE PLACE="marg">Why the ex|amples of Pa|raeus prove nothing.</NOTE> becau&s;e they are all, ei|ther unlike, or fal&s;e, or onely of Fact, or unju&s;t in parti|cular: From the Acts of the Judges, by Gods extraor|dinary command, he collects that ordinary rule. How fal&s;ly, learn of Saint <HI>Augu&s;tine</HI> upon Judges, <HI>cap.</HI> 20. This vain Argument is met with al&s;o, by the Author of that Book, <HI>de Regimine Principum,</HI> which is carried about under the name of <HI>Thomas Aquinas. It hath been thought by &s;ome</HI> (&s;aith he) <HI>that it be&s;eems the valour of couragious Men to &s;lay a Tyrant, and to expo&s;e them&s;elves to the danger of death for the Liberty of a Multitude; an Example whereof is had in the Old Te&s;tament; For</HI> Ehud <HI>killed</HI> Eglon; <HI>but this agreeth not with the Apo&s;tles Do|ctrine;
<PB N="41" REF="28">for</HI> Peter <HI>teacheth us to &s;ubmit with reverence, not onely to good and gracious Ma&s;ters, but al&s;o to the froward; for this is thank worthy, if a Man for Con&s;cience toward God, endure grief &s;uffering patiently; whence it was, that when many Roman Emperours, did tyrannically per&s;ecute the Faith of Chri&s;t; and a great multitude both of the Nobles, and of the People were converted to the Faith, it was pray&s;ed, not for making re&s;i&s;tance, but &s;uffering death,</HI> lib. 1. cap. 6.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P>Exechias, <HI>the holy King, fell away from the A&s;syrian Tyrant&punc; and when he rai&s;ed War again&s;t him, he defended him&s;elf by Arms,</HI> 2 King. 18.</P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>The King of <HI>Judah,</HI> &s;ubdued the King of <HI>A&s;syria,</HI> in a ju&s;t War. Therefore it is lawfull for the Inferious Magi&s;trate to remove the Prince, who is Supreame, for his impiety, phren&s;ie, or tyranny, a very peremptory con|clu&s;ion, not to be retorted with words, but blows.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>It matters not, that the&s;e were Forraign Tyrants, for dome&s;tick Tyrants differ nothing from Forraigne; yea, they are the rather to be repre&s;&s;ed, becau&s;e they are perju|red, and the more hurtfull.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>Shall I beleive <HI>(Paraeus)</HI> that there was no difference
<PB N="42" REF="29">(as concerning the debt of duty) between the King of <HI>Judah,</HI> and the Subjects of the King of A&s;&s;yria? not &s;o truely, were you <HI>Pythagoras</HI> him&s;elf. Neither is that al|wayes lawfull, in tho&s;e things which are more hurtfull; which is lawfull, in tho&s;e things which are le&s;&s;e hurtfull. Seditious Preachers (the <HI>Bapti&s;t</HI> being Witne&s;&s;e) are a Generation of Vipers; yea, peradventure much more hurtfull than Vipers, becau&s;e Vipers doe but hurt the Body; tho&s;e Preachers de&s;troy both Body and Soule. Therefore as any man may &s;lay a venemous Viper; &s;o is it lawfull for any Man to &s;lay tho&s;e Tribune-like Preach|ers: A con&s;equence that would prove fatall and de&s;tru|ctive to Je&s;uits and Puritans; but to &s;et down an ab&s;ur|dity is not to an&s;wer an Argument: I will therefore de|clare the unfitne&s;&s;e of this Compari&s;on between Do|me&s;tick and Forraign Tyrants.<NOTE PLACE="marg">The unfitnes of the compa|ri&s;on between forraign and dome&s;ticke Tyrants.</NOTE> Tho&s;e Tyrants what&s;oe|ver, who have a Lawfull Power over us, we are comman|ded to obey, we are forbidden to re&s;i&s;t. For there is no difference between a good Prince and a wicked Tyrant, found in Sacred Scripture; as concerning the honour, reverence, and &s;ervice we are to give to them. It is not lawfull therefore to draw the Sword again&s;t them; be|cau&s;e they who re&s;i&s;t, re&s;i&s;t God, and get to them&s;elves damnation. No Law, whether Divine or Humane, hath &s;et over us private Tyrants, Spoylers, Dome&s;tick or For|raigne Robbers; in no Obligation therefore are we bound to them, no &s;ervice do we owe them; neither are we hindered by any reverence of Authority, or nece&s;&s;ity of Subjection; but that we may &s;mite them &s;miting us, and repell the injuries they offer us.</P>
</SP>
<PB N="43" REF="29">
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>So the People re&s;i&s;ted</HI> Saul <HI>when he would have killed hi&s; Sonne,</HI> 1 Sam. 14.45. Ahikam <HI>defended</HI> Jeremy <HI>the Prophet again&s;t the King</HI> Jehojakim, <HI>when he would have &s;lain him,</HI> Jerem. 26.24. <HI>The Captains over Hundreds and the Princes took away</HI> Athaliah <HI>the Tyrant,</HI> 2 Kings 11. <HI>The</HI> Macchabees <HI>defended them&s;elves and their Com|monwealth, again&s;t the Macedonian</HI> Tyrants, &amp;c.</P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">How the Peo|ple delive|red Jonathan from Saul.</NOTE> The People delivered the Sonne of <HI>Saul</HI> from death, (when he was condemned by his Fathers &s;entence) not by Arms, but by intreaties: <HI>the People appeale to</HI> Saul <HI>and his own Con&s;cience, in the pre&s;ence of the living God; that laying a&s;ide the account he had of his Oath, he would have an account of the Law; as if they had &s;aid, is it ac|cording to Law, that he &s;hould receive the lea&s;t harme, who (following God) hath wrought &s;o great Salvation for the People?</HI> So <HI>Tremelius</HI> and <HI>Junius</HI> in their Annotations upon the place. The <HI>People delivered</HI> Jonathan, <HI>that he might not dye; whom the King &s;lew not, being overcome with the in&s;tant reque&s;t of the People.</HI> So <HI>Gregory</HI> the Great, in 1 <HI>Reg. cap.</HI> 4. <HI>Ahikam</HI> the cheif Magi&s;trate 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.<NOTE PLACE="marg">How Ahi|kam defen|ded Jeremiah</NOTE> The <HI>hand of</HI> Ahikam <HI>was with</HI> Jere|miah, <HI>that he might not be delivered into the hand of the People, to put him to death;</HI> the hand of <HI>Ahikam,</HI> that is, (Saith <HI>Tremelius</HI>) the Authority and Help: for <HI>Ahi|kam</HI>
<PB N="44" REF="30">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 appea&s;e the Tumult of the People, by the Authority of the King; and another thing, to ri&s;e up again&s;t the King in a popular Tumult; that is the duty of a good Man and a faithfull Magi&s;trate; this the part of a Rebell and Traytor to his Country. <HI>Of</HI> Atha|liah <HI>I &s;hall &s;peak in due place.</HI> The Macchabees, were not lawfully &s;ubject to the Macedonian Tyrants, and therefore might freely defend them&s;elves and the Nation, from the incur&s;ions of the Tyrants, and re|pell the injury offered them, by force of Arms. Weigh well (ye Academian youth) the &s;trength of the&s;e con|&s;equences. The Judges, who (be&s;ides the right of &s;u|preame Government) had a &s;peciall command from God, they &s;lew their Enemies. King <HI>Ezekiah</HI> warred again&s;t the King of A&s;&s;yria. <HI>Jonathan</HI> (at the depreca|tion of the People) e&s;caped the puni&s;hment of death. <HI>Jeremiah</HI> is delivered by the hand of <HI>Ahikam</HI> the Kings Councellor, from the fury of the People. The Mac|chabees defended their Nation from ho&s;tile inva&s;ion. Therefore the Inferiour Magi&s;trate may and ought to re&s;traine the King. There is none among&s;t you &s;o un|skilfull in Logick as not to know, that the&s;e conclu&s;ions do no whit agree with their premi&s;&s;es. The&s;e vain So|phi&s;ticall Arguments therefore doe blemi&s;h <HI>Paraeus,</HI> either with gro&s;&s;e Ignorance, or notorious malice: if he &s;ees not the Fallacies, he is as blinde as a Mole; but if wittingly and willingly he &s;trives to ca&s;t this mi&s;t be|fore your eyes, and the eyes of other young Students, he has the greater &s;in.</P>
</SP>
<PB N="45" REF="30">
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P>Thra&s;ybulus <HI>ca&s;t out the thirty Tyrants out of</HI> Athens. <HI>The Romans, they bani&s;ht the Kings which ruled wickedly; they compeld the Con&s;uls to lay down their Magi&s;tracy: they Judged and depo&s;ed</HI> Nero <HI>and</HI> Maximinus, <HI>who were Ty|rants.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>The&s;e Examples are onely of Fact, and do not infer any right; and becau&s;e they are unlike, they conclude nothing.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>The Electors deprived</HI> Wince&s;laus <HI>of the Empire.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>Done it was, I confe&s;&s;e, whether done by equity or in|jury, let others determine: let him tell us, that can; What is the Authority of the Imperiall Maje&s;ty? or what is the Power of the Electorall dignity? I am not a&s;hamed to be ignorant, who have &s;pent my time in the &s;tudy of Divine, not Politique matters: it was do<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters"> al&s;o peradventure to the Publique good; but is it there|fore to be imitated? Poy&s;on hath been a Remedy to &s;ome, which yet the Phy&s;icians do not number among&s;t their whole&s;ome Medicines.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>La&s;tly,</HI> Trajanus <HI>is pray&s;ed in</HI> Dion, <HI>becau&s;e, that deli|vering
<PB N="46" REF="31">the Sword to the Praefect of the Praetorium, he &s;aid; if I command things Ju&s;t, u&s;e this for me; if un|ju&s;t, again&s;t me.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">Trajanus his Speech to the Tribune of the Souldiers approved.</NOTE> <HI>Paraeus</HI> did not draw the pray&s;e of <HI>Trajanus</HI> out of the Fountain of <HI>Dion,</HI> but the rivulets of <HI>Bucan;</HI> For <HI>Trajanus</HI> delivered that Sword, not to the Praetorian-Praefect, but to the Tribune of the Souldiers. The Em|perour was indeed worthy of all pray&s;e; who freely of his own accord, not by any others compul&s;ion, did that, which was acceptable to God, profitable to the Subjects, and worthy of an Emperour. The&s;e and the like favours which Princes vouch&s;afe of them&s;elves, do indeed pro|cure to them the affection and good will of their Sub|jects; but confer upon the People, or Inferiour Magi|&s;trates no right at all over their Princes.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Let the judgement al&s;o of</HI> Luther <HI>be &s;een, and of the Divines, to the Lawyers of</HI> Wittenberge, <HI>concerning this que&s;tion; and</HI> Peter Martyrs <HI>Commentaries upon</HI> Judges, <HI>cap.</HI> 1.</P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">Luthers <GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">i|nion concer|ning this que&s;tion.</NOTE> <HI>Luther,</HI> and the Divines do &s;peak, not of a King in|ve&s;ted with an ab&s;olute Power; but of Princes admitted upon condition, which as well the writings of <HI>Luther,</HI> as <HI>Sleidans</HI> Relation of <HI>Luther,</HI> do Witne&s;&s;e. Concer|ning Tyrannicall and Idolatrous Kings, thus did <HI>Luther</HI>
<PB N="47" REF="31">both teach and write. <HI>What therefore was to be done? were the Kings to be bani&s;hed out of their Kingdoms? or Forces to be rai&s;ed again&s;t them? No. They were not to be obeyed, but the greate&s;t extremities to be &s;uffered; which the example of</HI> Daniel, <HI>and of his Companions do declare.</HI> Thus <HI>Luther</HI> in The&s;aur. artic. loc. de Magi&s;tratu. <HI>When the Duke of Saxony and other Princes of the Empire</HI> (&s;aith Sleidan) <HI>met together at Smalcaldia, to deliberate concerning: the undertaking a defence again&s;t the ho&s;tile violence</HI> (if by chance any &s;hould happen) <HI>before the League was entered. There were admitted to the Councell not only Lawyers, but al&s;o Divines;</HI> Luther <HI>he alwayes taught, that we ought not to re&s;i&s;t the Magi&s;trate. But when the Lawyers in this deliberation taught, that it was per|mitted by the Law, &s;omtimes, in &s;ome ca&s;es to re&s;i&s;t; and that they declared, that then the matter was brought to that ca&s;e, of which the Laws among&s;t other things makes mention.</HI> Luther <HI>ingenuou&s;ly profe&s;t, that he knew not this was lawfull, and becau&s;e the Politicall Laws are not impugned, or abo|li&s;ht by the Go&s;pell; he &s;aid, a League might be entred for a Defence; whether</HI> Cae&s;ar <HI>him&s;elf, or any other in his name, &s;hould make war again&s;t them.</HI> Hitherto <HI>Sleidan</HI> con|cerning the judgement of <HI>Luther.</HI> Neither has the opi|nion of <HI>Peter Martyr</HI> any other meaning. This man|ner of dealing with Authors is very ill: that, what they have writ concerning one kind of Polity, &s;hould be wre|&s;ted to another, contrary to their Sen&s;e and meaning.</P>
</SP>
</DIV3>
</DIV2>
<DIV2 N="3" TYPE="proposition">
<HEAD>The Third Propo&s;ition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>It is not lawfull for Subjects (meerly private, without a
<PB N="48" REF="32">Lawfull calling) to take up Arms, either to invade Tyrants before danger; or to defend them&s;elves again&s;t them in dan|ger; or to revenge them&s;elves upon them after danger, if they may be defended by the ordinary Power.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>The&s;e are but deceitfull Flatteries, framed to the de|&s;truction and ever&s;ion of Common-wealths: I will not repeate the Vanity of that di&s;tinction of Subjects, into private Subjects, and Inferiour Magi&s;trates, this hath been &s;ufficiently di&s;cu&s;t before. Who&s;oever they are of what name or Title &s;oever they be, if they be Subjects, they ought not to ri&s;e up again&s;t their Superiours, to re&s;i&s;t their Lords with Force and Arms, or to remove them from their dignity, or deprive them of their Ho|nour; becau&s;e there is no Power given by God, or granted by Man to the Inferiour again&s;t his Superiour.<NOTE PLACE="marg">How mi&s;|chievous that pretence of a lawfull calling it.</NOTE> The Pre|tence of a Lawfull Calling, opens a gap to all Impiety, and all kind of Inju&s;tice. It will be an ea&s;ie thing for any Man to pretend this Lawfull Calling, and to accu&s;e even the be&s;t Prince of Tyranny: <HI>Corah, Dathan,</HI> and <HI>Abiram</HI> will not &s;pare <HI>Mo&s;es. Achitophell</HI> will be ene|my to <HI>David. Jeroboam</HI> a wicked Servant will thru&s;t out the Son of <HI>Solomon.</HI> A Military fury will lay vio|lent hands upon <HI>Alexander Severus.</HI> Yea the Jews have a Law again&s;t Chri&s;t the King of Kings, and according to that Law he ought to dye. Grant it <HI>(Paraeus)</HI> that it is lawfull, to re&s;train Kings which Reigne Tyrannically, and then no Kings (by what calling &s;oever) will be &s;afe. Although they live Holy, and governe Ju&s;tly, yet &s;hall they never &s;atisfie Seditious Men.</P>
<PB N="49" REF="32">
<P><NOTE PLACE="marg">Theordinary power oppo|&s;eth Divine Law, Rea&s;on, and Nature.</NOTE>The <HI>Ordinary Power</HI> which <HI>Paraeus</HI> &s;ugge&s;ts, doth op|po&s;e the Divine Law, Rea&s;on and Nature; hath the Son any Power over his Father, though cruell? Have the Servants any Power over their Lord, though churli&s;h? Hath the Wife any Power over her Husband, though unkind? and is the condition of a King any whit wor&s;e? <HI>Every Power which is of God</HI> (&s;aith the Apo&s;tle) <HI>is an ordinate Power;</HI> but this Power which he calls Ordina|ry, is not Ordinate, which &s;ubjects the Superiour to the Inferiour; the Head to the Body; the Lord to the Ser|vant; and the King to the Subject. The King is Su|preame over all; if once he admit a Companion, or Su|periour, he is no longer King. To this captious Propo&s;i|tion, he hath adjoyned &s;ome Rea&s;ons, which I will brief|ly run over.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Becau&s;e this were to take the Sword away from God, and a thing not permitted by the Laws.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>He that takes it away, whether he be a Private Sub|ject, or Inferiour Magi&s;trate, he &s;hall &s;uffer puni&s;hment as a Traytor to the Divine and Humane Maje&s;ty.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Becau&s;e the Subjects are bound to obey a wicked Magi|&s;trate, whil&s;t they are not compeld to do any thing again&s;t God.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>The&s;e Words are not clearly and plainly enough
<PB N="50" REF="33">&s;et down, which may be under&s;tood two wayes. Fir&s;t, That the Subjects ought not to obey in tho&s;e things which the Prince &s;hall command again&s;t God. This I confe&s;&s;e to be true; of which there is no controver&s;ie in the Church of God. Secondly, That the People ought not to obey that Prince any longer, in any thing; when once he &s;hall command any thing ob&s;tinately again&s;t God. Which opinion the Je&s;uites and Puritans &s;tifly maintain, who contend with all the force they may, to per&s;wade the Subjects, That Kings who do not ob&s;erve the Law of God, or hinder tho&s;e that are ob&s;ervers of it, or be per&s;ecutors of them, and (that I may &s;peak in one Word) who do not governe according to the Pre&s;cript of the Divine Law, they do <HI>(ip&s;o jure)</HI> lo&s;e their King|doms, and deprive them&s;elves of all Honour, Dignity, and Power. They who li&s;t to take in this Dunghill, let them reade <HI>Joannes Bapti&s;ta Fichlerus,</HI><NOTE PLACE="marg">The names and writings of the Anti|monarchians</NOTE> <HI>de jure Magi&s;trat. &amp; offic. Subdit. fol.</HI> 15. <HI>Franci&s;cus Fevardentius</HI> upon <HI>He&s;ter, pag.</HI> 89. <HI>Cre&s;well in Philopat. pag.</HI> 194. <HI>Vindi|cias contra Tyrannos, que&s;t.</HI> 3. <HI>pag.</HI> 189. The <HI>Tract de jure Magi&s;trat. que&s;t.</HI> 6. <HI>pag.</HI> 155. <HI>&amp;</HI> 275. <HI>Lambertus Danaeus de Politi<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> Chri&s;tiana. lib.</HI> 3. <HI>cap.</HI> 6. <HI>pag.</HI> 221. <HI>Joannes Althu&s;ius in Politicis, cap.</HI> 14. <HI>pag.</HI> 146. <HI>&amp; cap.</HI> 15. <HI>pag.</HI> 195. Who&s;e raging madne&s;&s;e all true Catholiques do, and have dete&s;ted. For, <HI>The power of Rule is not foun|ded in Grace;</HI> which neither can Goodne&s;&s;e conferre, nor Wickedne&s;&s;e take away.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>In which ca&s;e al&s;o, we mu&s;t rather dye, than unlawfully re&s;i&s;t. We have the</HI> Lacedemonians <HI>for an example; who,
<PB N="51" REF="33">when the Conquer<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">urs commanded tho&s;e things which were again&s;t their Laws and Cu&s;toms; they &s;aid,</HI> If y<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> com|mand things more har&s;h than death, we will rather dye. <HI>And</HI> Ari&s;totle <HI>in his Ethicks, doth advi&s;e, rather to dye, than to &s;uffer a Mans &s;elfe to be compel'd to di&s;hone&s;t things,</HI> lib. 3. cap. 1.</P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">Re&s;i&s;tance of the Superiour unlawfull.</NOTE> Speak out Man, that we may know you: Do you be|leive there is any lawfull Kind of Re&s;i&s;tance for the In|feriour again&s;t his Superiour? Chri&s;t the eternall Law|giver, doth &s;imply condemne all un&s;heathing of the Sword, without the order of authority. <HI>Paul</HI> the In|terpreter of the Law, forbids the Faithfull all re&s;i&s;tance. <HI>Peter</HI> the chiefe of the Apo&s;tles, commands Subjecti|on to every Creature which hath an higher Power; where, all is &s;poken properly of Superiours, without a difference of good or bad; and to all Inferiours indiffe|rently, without limitation of either Layity or Clergy, of Order, Degree, or Dignity. <HI>Parae<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters"></HI> therefore doth ill di&s;tingui&s;h here, where the Divine Law admits no di|&s;tinction; the Admonitions of Philo&s;ophers, and Exam|ples of the Heathen, may induce to the information of Manners; to the explication of Loyalty, or confirmati|on of the Faith, they availe nothing: in the&s;e we have a more firme Word of Prophe&s;ie, and more famous Ex|amples of Saints: <HI>Thou &s;halt not &s;peak evill</HI> (&s;aith Mo|&s;es) <HI>of the Ruler of thy People,</HI> Exod. 22.28. <HI>Touch not mine Anoynted</HI> (&s;aith David) 1 Cron. 16.22. <HI>Ri&s;e not up again&s;t the King,</HI> Prov. 30.31. <HI>Who may &s;ay unto the King, what do&s;t thou?</HI> Eccle&s;. 8.3. <HI>Cur&s;e not the King no not in the heart,</HI> Eccle&s;. 10.20. as for Examples;
<PB N="50" REF="34"><GAP DESC="duplicate" EXTENT="1 page">
<PB N="51" REF="34"><GAP DESC="duplicate" EXTENT="1 page">
<PB N="52" REF="35"><HI>David</HI> that famous Prophet, when he had King <HI>Saul</HI> guilty of Impiety, Tyranny, and great wickedne&s;&s;e, de|livered into his hands, yet would he not touch him. By which Example, he would in&s;truct men, that the pu|ni&s;hment 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 again&s;t the Prince; but al&s;o, to violate that Sacred Maje&s;ty,<NOTE PLACE="marg">Note.</NOTE> &s;o much as in Word. <HI>Elijah</HI> did not re&s;i&s;t, but fly from <HI>Ahab,</HI> that Enemy of Religion; nei|ther did he &s;tir up any to Rebellion. <HI>I&s;aiah</HI> &s;awn into two by <HI>Mana&s;&s;es; Jeremiah</HI> &s;hut up in Pri&s;on; <HI>Daniel</HI> ca&s;t to the Lyons; the three Children thrown into the hot fiery Furnace; <HI>Amos</HI> &s;truct through the Temples; <HI>Zacharias</HI> overwhelmed with Stones at the Thre&s;hold of the Temple; <HI>Peter</HI> Crucified with his Head towards the ground; <HI>James</HI> &s;lain by the Sword; <HI>Bartholomew</HI> beate with Clubbs; <HI>Matthew</HI> and <HI>Paul</HI> beheaded; that I &s;ay nothing of the glorious Company of Martyrs, who have honoured the Church of Chri&s;t by their holy life, and propagated the fame by their precious death. But what Popular tumult was among&s;t them? Who of them was an Author of Rebellion? Which of them put the Inferiour Magi&s;trates in minde of this duty, or im|ployed their ayde by way of Petition or Appeale? Which of them did either cur&s;e or revile their Per&s;ecu|tors. The Chri&s;tians of ancient Faith, would not op|po&s;e them&s;elves again&s;t the Superiour Power in De|fence of the faithfull Brethren; They thought it much better, that the Ju&s;t &s;hould &s;uffer (though unju&s;tly) for true Ju&s;tice &s;ake; than that they &s;hould offer any vio|lence to the Magi&s;trates (under Pretence of feigned Ju|&s;tice) though wicked Per&s;ecutors.</P>
</SP>
<PB N="53" REF="35">
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>By the Example of</HI> David, <HI>refu&s;ing to kill</HI> Saul <HI>a Ty|rant, when it was in his Power to doe it,</HI> 1 Sam. 24.26.</P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>When it was in his Power <HI>Paraeus?</HI> That is mo&s;t pro|perly in a Mans Power, which is a Mans Right; &s;o that, what he doth, he doth Lawfully. Yea, but David <HI>might have done it Lawfully,</HI> &s;aith <HI>Bucan, loc.</HI> 49. <HI>Sect.</HI> 77. yet he would not doe it.<NOTE PLACE="marg">David the greate&s;t oppo|&s;ers of Anti|monarchians</NOTE> <HI>David</HI> therefore was herein the wor&s;t of Men, a Violator of the Publick Peace and true Piety, an Enemy of his Country, a Neglector of his Friends, <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> De&s;ertor of his Duty, who, with one Act, and little or no Labour, by the Death of the Tyrant (whom he might have &s;laine &s;afely and ju&s;tly) had delivered the Church from error, the Commonwealth from Tyranny, his Fel|low Sufferers from Injury, and him&s;elfe from Per&s;ecu|tion. <HI>David</HI> wanted many Teachers, &s;uch as we have (at this Day) abounding among&s;t us, as well in the Refor|med, as in the Roman Church, who might have admo|ni&s;hed him of this duty; where there as a private Man, yet &s;uffering <HI>horrible injury;</HI> or as an Inferiour Magi|&s;trate, <HI>Inve&s;ted with the ordinary Authority.</HI> Of whom I would aske one que&s;tion; Whether or no have the Subjects, Private, or &s;uch as are placed in Magi&s;tracy, any greater Right, or Lawfull power again&s;t the King, than that which <HI>David</HI> had again&s;t <HI>Saul?</HI> The Authour of that Book called <HI>Vindiciae contra Tyran.</HI> doth affirme, That <HI>David</HI> could doe nothing again&s;t <HI>Saul,</HI> for the de|fect
<PB N="54" REF="36">of the Ordinary Power: becau&s;e he was not one of the States of the People: whom <HI>Paraeus</HI> al&s;o in this place ranks with the Common People, and private Sub|jects. 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 Peo|ple, whom all &s;o dearely loved, and above all &s;o much ho|noured 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 Hi&s;tory) doth demon&s;trate by a nece&s;&s;ary Con&s;equence; That no private Subject, or publike Magi&s;trate hath any lawfull Power again&s;t the King: whom they may either puni&s;h with Death, thru&s;t out of his Kingdome, reduce into Order by violence, or deprive of his Dignity.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>La&s;tly, the Arguments brought in the beginning for the negative part, do all tend to this, and only confirme this Propo&s;ition of the duty of Chri&s;tians, who are meerely pri|vate Men.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>Again&s;t the&s;e Po&s;itions which <HI>Paraeus</HI> undertook to prove, (and I beleive will prove,<NOTE N="*" PLACE="marg">That is never.</NOTE> <HI>ad Graecas Calendas</HI>) he brought in the beginning of this Que&s;tion, &s;ome pla|ces of Sacred Scripture, <HI>viz. Rom.</HI> 13.2. 1 <HI>Pet.</HI> 2.19. <HI>Math.</HI> 5. <HI>Rom.</HI> 12.4. <HI>&amp;</HI> 17. 1 <HI>Pet.</HI> 3.9. All which he will have to be Spoken and Under&s;tood of meerely pri|vate Men. <HI>Calvin</HI> al&s;o found out this very way of eva|ding: for after he had heapt up diver&s;e Precepts, and Ex|amples,
<PB N="55" REF="36">out of both Te&s;taments for Obedience he blows all away as it were at one bla&s;t. <HI>Of private Men</HI> (&s;aith he) <HI>I alwayes &s;peak; for if there be any popular Ma|gi&s;trates, appointed for the moderating the licenciou&s;ne&s;&s;e of Kings (&s;uch as were in times pa&s;t the Ephori, Tribuni, De|marchi, and which power is enjoyed by the three States in every Kingdom, when they &s;it in the</HI><NOTE N="*" PLACE="marg">That is, in Parliament.</NOTE> <HI>chiefe A&s;&s;embly) I am &s;o farre from forbidding &s;uch, to re&s;traine that raging licentiou&s;ne&s;&s;e of Kings; that I affirme, if they winke at Kings, who rage and in&s;ult over the poore Commons, they are not guiltle&s;&s;e of wicked treachery, Jn&s;tit. l.</HI> 4. <HI>cap.</HI> 20. <HI>&s;ect.</HI> 31. <HI>Beza</HI> followes <HI>Calvi<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">. There is no other re|medy</HI> (&s;aith he) <HI>propounded to private Men &s;ubject to a tyrant, but amendement of life, and Prayers, and Teares, which the Lord in his time will not de&s;pi&s;e.</HI> But as concer|ning tho&s;e Popular Officers, he an&s;wers in the&s;e words; <HI>This burden is layd upon the Superiour powers (&s;uch as are the</HI> Septemviri <HI>in the Roman Empire, whom they call Electors; and the State of the Kingdome in almo&s;t all Mo|narchies) that they re&s;traine the raging Tyrants; which if they do not, they &s;hall an&s;wer for their per&s;idiou&s;ne&s;&s;e as be|trayers of their Country.</HI> Thus <HI>Beza in Conf. c.</HI> 5. <HI>p.</HI> 171.172. the Author of that Book called <HI>Vindiciae cont. Tyran.</HI> followes <HI>Beza:</HI> who&s;e Words are the&s;e, <HI>Chri&s;t, be|cau&s;e his Kingdome was not of this world, fled into &AElig;gypt, and withdrew him&s;elfe from tyranny. Paul, becau&s;e he de|&s;cribes the duty of every Chri&s;tian, and not of Magi&s;trates, he teacheth to obey even Nero him&s;elfe. qu.</HI> 3. <HI>pag.</HI> 203. 204. From this Fellow, of an unknowne Name, did <HI>Lamber|tus Danaeus</HI> draw his Polity. <HI>In a godly Common-wealth</HI> (&s;aith he) <HI>Iudgment upon the Supreame Magi&s;trate doth not belong to any one private man in the Common-wealth,
<PB N="56" REF="37">not to one or other only of the Iudges, Magi&s;trates, or Prin|ces of the Kingdome; but to the whole States of the King|dome. &amp;c. de Politia Chri&s;tiana lib.</HI> 6. <HI>cap.</HI> 3. <HI>p.</HI> 413. <HI>Bu|can</HI> drawes this cord longer yet, and that which others attribute to all in generall, he to each one in particular. <HI>The Subjects</HI> (&s;aith he) <HI>&s;hall not rightly withdraw their obe|dience; yet notwith&s;tanding, they who are in any part parta|kers of the admini&s;tration of the common-wealth, as Gover|nors, Senators, Con&s;uls, States, or Tribes, ought to moderate the &V;iolence of Princes, loco.</HI> 49. <HI>Sect.</HI> 76.</P>
<P>After him, in the next yeare following, wrote <HI>Joannes Althu&s;ius,</HI> Doctor of both Laws, that, <HI>All the Ephori to|gether, are the Supream Magi&s;trates Superiors, when repre|&s;enting the people, they doe any thing in the peoples name; But each of them &s;everall is the Magi&s;trates inferior. de Politicis cap.</HI> 14. <HI>pag.</HI> 142. and afterwards, <HI>The people have not the power of puni&s;hing the Magi&s;trate; but the States only. pag.</HI> 161. Peradventure from him <HI>Paraeus</HI> borrowed that di&s;tinction, not from <HI>Tertullian, Cyprian, Nazianzen, Chry&s;o&s;tome, Ambro&s;e, Augu&s;tine, Hierome,</HI> or any other of the Fathers, of the fir&s;t or middle Age of the Church. <HI>Gregory</HI> (not the Great, but the wicked) <HI>Hildebrand</HI> delivered this burning Firebrand to our Po|liticall Divines.<NOTE PLACE="marg">The divers names of the u&s;urped pow|er over Prin|ces.</NOTE> Ob&s;erve (ye Academians) among&s;t di|vers Men, the divers Names of this u&s;urped Power. <HI>Cal|vin</HI> hath it, <HI>the popular Magi&s;trates;</HI> Beza, <HI>the Superiour powers;</HI> Junius Brutus, <HI>the Nobles of the Kingdom;</HI> Bucan, <HI>the partakers of publick Admini&s;tration;</HI> Althu&s;ius, <HI>the Ephori;</HI> Paraeus, <HI>the Inferiour Magi&s;trates.</HI> So that a|mong&s;t tho&s;e Authors, I finde &s;o many Names of that Power, as there are Heads of that Bea&s;t, <HI>Revel.</HI> 13.1. But letting Names pa&s;&s;e, let us &s;earch into the Thing ir
<PB N="57" REF="37">&s;elfe. Peter long &s;ince &s;aid, <HI>be ye Subject to the King as Supreame.</HI> 1 Pet. 2.13. fy, St. Peter, fy! the King is not Supreame! the Inferiour Magi&s;trates are Supreame! tho&s;e Magi&s;trates cen&s;orious Rod is ever to be feared by the King, being ordained for his Correction, Depo|&s;ition, or Death; according as the Wrath of the Am|bitious Nobility, or the Fury of the Provoked Multi|tude &s;hall &s;ugge&s;t. But how&s;oever the matter is, it &s;hall be more &s;afe to erre with St. Peters &s;pirit, than to be otherwi&s;e opinioned with tho&s;e Men. With your leave therfore <HI>(Paraeus)</HI> what Optatus Milevitanus wrote long &s;ince of Donatus, may I affirme of tho&s;e Ephori. <HI>Since there is none above the Emperor, but God alone who made the Emperor; whil&s;t the Inferior Magi&s;trates do exalt them|&s;elves above the Emperor, they do as it were exceed the bounds of men; by e&s;teeming of them&s;elves as God, in not reveren|cing him; who, after God, is to be feared of men de &s;chi&s;m. Donat. lib.</HI> 3. <HI>p.</HI> 85. which how well, and according to the Rules of a Common-wealth this done, I appeale to your own Con&s;cience Paraeus, and &s;o ha&s;ten to your la&s;t Propo&s;ition.</P>
</SP>
</DIV2>
<DIV2 N="4" TYPE="proposition">
<HEAD>The fourth Propo&s;ition.</HEAD>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Yet is it lawfull for Subjects meerely private, in a pre|&s;ent danger, to defend them and theirs again&s;t a Tyrant, as again&s;t a private Robber; if the Tyrant &s;hall offer vio|lence again&s;t them as a Robber or Ravi&s;her; they not ha|ving the po&s;sibility of imploring the ordinary power; or any other means to avoid the danger.</HI></P>
</SP>
<PB N="58" REF="38">
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P>Mon&s;trous Doctrine! altogether unworthy to be Pro|pounded, or to be refuted. Neither did it become <HI>Pa|raeus</HI> (ancient in years, and famous for learning) to de|ceive the Reader, with an undi&s;creet confu&s;ion of things, which are mo&s;t disjoyned, and ought to be con&s;idered in a different re&s;pect. A Surgeon runns a man thorow, the &s;ame thing in the &s;ame manner is done by a Robber; the one de&s;erves a Reward, the other a Haltar. Some|times the Prince doth the &s;ame thing, and in the &s;ame manner that the Spoyler; as often as by force of Arms he reduceth into order an ob&s;tinate Enemy of the State, but not both by the &s;ame Right; becau&s;e the Prince hath his Sword for revenge, which the Spoyler doth u&s;urpe for Rapine. Who&s;oever therefore &s;hall &s;ay, the Subject hath the &s;ame Right over the Prince that puni&s;heth, that the Traveller hath over the Robber that &s;poyleth, he hath no forehead. But the Prince of|fereth violence to &s;ome man, upon a cau&s;e not &s;ufficient|ly ju&s;t, and lawfull; yea altogether unju&s;t and unlaw|full; namely, Saul to David, and the innocent Prie&s;ts; David, to Uriah; Ahab, to Naboth; Joa&s;h, to Zacha|riah; Mana&s;&s;es, to I&s;aiah; Pilate to Chri&s;t; and per|adventure, Theodo&s;ius to the The&s;&s;olonians. Under Saul, David, Ahab, Joa&s;h, Mana&s;&s;es, liv'd Prei&s;ts and Pro|phets famous for their holine&s;&s;e, in&s;pired with the holy Spirit. Under Chri&s;t liv'd Zachaeus, and Nichodemus; Inferior Magi&s;trates, men pious, and expert in Sacred and Politicall matters. No age brought forth more ho|ly, or more orthodoxe Bi&s;hops and Prie&s;ts, then under
<PB N="59" REF="38"><HI>Theodo&s;ius;</HI> yet have they not made known to us this way of avoiding the Violence of Tyranny. It is, &s;hall be, and hath been the common opinion of all Catholicke men, agreable to the Writings of the Prophets, the Precept of Chri&s;t, the doctrine of the Apo&s;tles, and the practi&s;e of Chri&s;tians; that, the King which &s;ins, hath God alone to take vengeance, from whom alone he takes his being; who&s;e Court he cannot decline, and Judge|ment he cannot elude; he ought not to be violated by men, although he degenerate into a Tyrant, and abu&s;e that power which he hath received from God. Which &s;eeing it is &s;o, it remains, that I weigh well what remains of your new Divinity.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Becau&s;e, again&s;t whom defence by the Magi&s;trate is lawfull, again&s;t them private defence is lawfull in ca&s;e of nece&s;sity; when that which is done by the Magi&s;trate cannot be had, becau&s;e then, the Laws arme them al&s;o, who are pri|vate men. But in ca&s;e of nece&s;sity defence is lawfull, by the Inferior Magi&s;trate again&s;t the Superior, and by the Superior again&s;t the Inferior. Therefore, al&s;o then pri|vate defence is lawfull.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">The ab&s;ur|dity of this rea&s;on con|cerning pri|vate defence.</NOTE> <HI>Paraeus</HI> follows his old wont. He confounds things different, and unlike, as if they were the &s;ame, and by comparing things different, he cunningly draws the un|wary Reader into the Trappe. Tho&s;e things which are invol'd by him in a multitude of words, I will declare
<PB N="60" REF="39">more plainly. The &s;onne hath the &s;ame Power over the Father, that he hath over the Servant; the Wife over the Husband, which &s;he hath over the Handmayde; the Servant over the Ma&s;ter which he hath over the Slave; the Marriner over the Ship-Ma&s;ter which he hath over the Pirate; The Subject over the Prince, which the Tra|veller hath over the Robber. He that proves this, &s;hall be crown'd with Hellobore, and drinke till he &s;urfeit, <HI>The purging Iuice that whole Anticyra affords.</HI></P>
<P>That which follows; concerning the threefold Power of the Superiour again&s;t the Inferiour, and the Inferiour again&s;t the Superiour, and of private revenge again&s;t them both, is turned over and over, and with it's confu&s;ed turnings, exceeds my capacity, neither have I what to an|&s;wer. Yet the Divine Law hath; which is the Rule of our words and actions, which no man ought to &s;werve from. Concerning the King it is commanded, <HI>De&s;troy him not, for who can lay his hand on the Lords anointed &amp; be guiltle&s;&s;e?</HI> 1 Sam. 26.9. Chri&s;t the eternall Law-giver, and the faithfull Interpreter of the Law given; The Apo&s;tles whom Chri&s;t endued with the graces of the Holy Spirit, and with infallibility of Judgement, for the direction of all Chri&s;tians: The truely Apo&s;to|licall Men, and all Chri&s;tians, who in the time of the ten Per&s;ecutions, have illu&s;trared the whole World with their Faith and Charity, and &s;ealed the Orthodoxe Doctrine with their Blood: Chri&s;t, (I &s;ay) the Apo&s;tles, and Apo&s;tolicall Men, all patiently &s;uffered Kings mo&s;t infamou<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> for their Tyranny, Wickedne&s;&s;e, and Cruel|ties; and not onely patiently &s;uffered, but al&s;o performed all Honour and Reverence to them; and taught all indif|ferently to doe the &s;ame, by Word and Example; <HI>Not
<PB N="61" REF="39">for wrath, but for Con&s;cience &s;ake,</HI> as in the pre&s;ence of the living God, who alone is the Witne&s;&s;e <HI>(greater then all exception)</HI> of their innocency, and free Subjection. That which Chri&s;t taught, and did, a Chri&s;tian ought not to gain&s;ay; and if he doe (were he an Angell) he &s;hall incurre the heavy cour&s;e of an Anathema.</P>
<P><NOTE PLACE="marg">The King that Steward which the Lord, not the Servant may ca&s;t out.</NOTE>Be&s;ides, the King is the Mini&s;ter of God, and that great Steward, which Chri&s;t hath &s;et over his whole Family. If that Steward &s;hall beginne (as that wicked Servant in the Go&s;pell) to de&s;pi&s;e his Lord, to neglect his duty, to &s;mite his Fellow-Servants, to eate, drinke and be drunken: it is not in the power of the whole Fa|mily, not of the Pope, not of the States of a Kingdome, not of the promi&s;cuous Vulgar (if they be in the Fami|ly of Chri&s;t) to remove the Steward, con&s;tituted, 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 plea&s;ure. Therefore <HI>(Paraeus)</HI> you do talke in vaine, of a lawfull Means to depo&s;e Kings. <HI>que&s;t.</HI> 3. <HI>pag.</HI> 49. Yet neither can commend the Author nor de&s;igne the Executor, nor determine the forme thereof. I inquire for the Au|thour in the Word of God, not in your Commentary's; which being without witne&s;&s;e, is without Rea&s;on and de|&s;erve no beleife. I de&s;ire the executour, not confirmed by humane Appointment, but by Divine Authority. <HI>It is Adulterate, Impious, and Sacrilegious (&s;aith Cypri|an) which is in&s;tituted by humane pre&s;umption, that the di|vine ordinance &s;hould be violated.</HI> That which you incul|cate 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
<PB N="62" REF="40">the Executor. One man compared with another, is either his Superiour, his Equall, or his Inferiour: the Su|periour is no way's Subject to the Inferiour; the Infe|riour is every way Subject to the Superiour, and an E|quall has no Rule over his Equall. That the matter may be the more evident in this Suppo&s;ition, view well the Jewi&s;h Polity,<NOTE PLACE="marg">The manner of the Jewi&s;h Polity.</NOTE> with the degrees and order thereof; the Decurians are above the people; the Quinquagenari|ans above the Decurians; above them, the Centurians, over whom the Tribunes bear rule; over them the Se|venty Elders; of whom <HI>Mo&s;es</HI> alone is Judge: who is Subject neither to each &s;everall, nor to all joyntly, but to God alone. <HI>He him&s;elfe</HI> (that I may u&s;e the words of Ambro&s;e) <HI>was held by no Laws, becau&s;e Kings are free from the bonds of offences; and are not cal'd to pui&s;hment by any Laws being, &s;ecure in the power of their Empery.</HI> Thus he upon the 50 P&s;alme.</P>
<P>As concerning the Meane them&s;elves; I deny not, but that there are &s;ome ordained by Chri&s;t; which the Saints long &s;ince have u&s;ed,<NOTE PLACE="marg">The meanes to avoyd or de&s;troy Ty|ranny.</NOTE> and Chri&s;tians ought alwayes to u&s;e: &s;uch as are Flight, Patience, Prayers and Teares. Chri&s;t him&s;elfe &s;ought his &s;afety by Flight; The Mar|tyrs offer'd up their Soules to God with patience, and by Patience the Confe&s;&s;ours pre&s;erv'd the Faith entire. By Prayers the Sons of the Church have &s;till over|thrown the Tyrants, who&s;e En&s;igne-Bearer, and Cap|tain of the Lords Ho&s;t Saint Ambro&s;e has the&s;e words. <HI>I know not how to warre, I know how to greive. I can weepe, I can mourne; again&s;t Arms, Souldiers, Gothes, my teares are my we apons, otherways I neither can nor ought to re&s;i&s;t.</HI> In his Oration again&s;t <HI>Auxentius,</HI> po&s;t Epi&s;t. 32. Ba|&s;il the great well appointed for Battell, <HI>I will not</HI> (&s;aith
<PB N="63" REF="40">he) <HI>betray the Faith through the lo&s;&s;e of Goods, through Bani&s;hment or Death; I have no wealth more than a torne Garment, and a few Bookes; I &s;ojourne on Earth, as ever about to leave it; my weake Body having received one &s;tripe, will over come the &s;en&s;e of Paine and all Torments.</HI> In <HI>Lo|nicer. theatr.</HI> hi&s;toric. pag. 154.</P>
<P>To him adhears <HI>Chry&s;o&s;tome,</HI> no light-armed Soul|dier, <HI>When I was driven from the City, I &s;aid within my &s;elfe, if the Queen will have me a Bani&s;hed Man, let her bani&s;h me: the Earth is the Lords and the fulne&s;&s;e there|of; and if &s;he will cut me into two, let her cut me;</HI> I&s;aiah <HI>&s;uffer'd the like, if &s;he will ca&s;t me into the Sea, I will call to mind</HI> Jonah: <HI>if &s;he will ca&s;t me into the Furnace, the three Children &s;uffer'd the &s;ame: if &s;he will throw me to the Wild Bea&s;ts, let her throw me, I will remember</HI> Dani|el <HI>ca&s;t into the Den of Lyons. If &s;he will &s;tone me, let her &s;tone me; I have</HI> Stephen <HI>the Proto-Martyr my compa|nion. If &s;he will take away my head, let her take it; I have</HI> Iohn Bapti&s;t <HI>my Companion; and if &s;he will take a|way my Sub&s;tance, let her take it; naked came I out of my Mothers wombe and naked &s;hall I returne.</HI> in Epi&s;t. ad <HI>Cyriacum.</HI></P>
<P>Let <HI>Bernard</HI> that &s;tout Champion come upon the Stage; <HI>What&s;oever you plea&s;e to doe with your Kingdome, with your Soul, and your Crown; we the Sonns of the Church can by no means di&s;&s;emble the injury's, contempt, and tramp|ling upon our Mother. Verily we will &s;tand and fight unto Death (if need be) for our Mother, with tho&s;e arms that are lawfull, not with &s;hields and with &s;words, but with prayers and teares unto God.</HI> Epi&s;t. 221. Tho&s;e men &s;carce ho|ped for Glory in the <HI>(Heavenly)</HI> Country, unle&s;&s;e it were by patience in the way <HI>(on Earth:)</HI> they would not be de|licate
<PB N="64" REF="41">Members under a thorny Head. Since <HI>Paraeus</HI> is conceited otherwi&s;e, let him rai&s;e him&s;elfe a Ladder, that he may climbe up to Heaven alone.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<STAGE>The &s;econd Rea&s;on.</STAGE>
<P><HI>Becau&s;e, to take away publicke or private defence, again&s;t the horrible cruelty of Tyrants, were to confirme their licen|tiou&s;ne&s;&s;e infinite; whereby civill Society would be plainly de&s;troy'd, and e&s;pecially the Church, becau&s;e the wor&s;e part would take away the better.</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">Publique or private de|fence by Arms, how dangerous.</NOTE> The &s;econd Rea&s;on, is grievous to Kings, unpro&s;pe|rous to Subjects, and odious to all Peaceable Men; be|cau&s;e it will make the multitude &s;o in&s;olent and unruly, that they will obey neither the Laws, nor their Kings, if they &s;hall di&s;plea&s;e them, and will open not a Window onely, but even a large Gate to men, for the &s;till devi|&s;ing and attempting new Matters, under the pretence of re&s;toring the Common-Wealth. For the reverence of Supreame Power being taken away, and Maje&s;tie con|temn'd, wicked hands will &s;oone be upon any man, and the be&s;t Kings &s;hall peri&s;h by the &s;ame fate, that Ty|rants; So in humane things there &s;hall be nothing kept &s;acred, or inviolate; as the Ancients have ob&s;erved, and they who are now alive do perceive and bewaile. The Society of men is made firme, and the communion of Saints pre&s;erved not by Humane Prudence, but by the Di|vine
<PB N="65" REF="41">Providence; that it cannot be de&s;troyed by any <GAP DESC="illegible" RESP="UOM" EXTENT="3 letters">|elty of Tyranny. He that is our God doth permi<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> <GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">|ranny when and how long he will's; and doth di&s;po&s;e of the Mini&s;try of Tyrants to the Puni&s;hment of Impie|ty, and Tryall of Faith: Neither is he le&s;&s;e mercyfull and gracious, when he ca&s;tneth our offences by cruell Tyrants, for the &s;alvation of the peri&s;hing Soule; than when he be&s;tow's Ble&s;&s;ings upon us by mercyfull Princes, for the comfort of this pre&s;ent Life. Neither can the wor&s;e part take away the better; becau&s;e God will not give his holy ones <HI>as a prey unto their teeth,</HI> who ca&s;ts his Ve&s;&s;ell into the Furnace of Tribulation, to &s;trengthen not to breake it. and Tyranny doth keepe under <HI>Gods people,</HI> that they may be pre&s;&s;ed for their amendment, not oppre&s;&s;ed for their ruine; whence <HI>Theodoret</HI> &s;aith, <HI>As often as Tyrants &s;it at the &s;terne of the Common-Wealth, or cruell Lords admini&s;ter the Hou&s;hold affaires, the wrath of God is to be appea&s;ed, by holy Prayer, and &s;erious amend|ment of Life; and a mitigation of the pre&s;ent difficulties and troubles is to be prayed for.</HI> Thus he, de provident. ora|ti. 7. which good and whole&s;ome Remedy the ancient Chri&s;tians had try all of, who&s;e Glory was in the Cro&s;&s;e,<NOTE PLACE="marg">How the an|cient Chri&s;ti|ans behaved them&s;elves under Ty|rants.</NOTE> and who&s;e 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 &s;harpene&s;&s;e of Death; alwayes faithfull to their God, in under going Martyrdome, lea&s;t they &s;hould offend the Divine Maje&s;ty: Loyall to the King; not, in doing the Sinne he commanded, but in &s;uffering the Puni&s;hment he inflicted. <HI>Paraeus,</HI> he de&s;cribes a Remedy wor&s;e than the Di&s;ea&s;e; wherewith, as it were with a Butchers Knife, he cuts off the King from the Common-Wealth,
<PB N="66" REF="42">and makes the inferiour Members to rule over the Head, even again&s;t Nature; by &s;ubjecting the Supreame Magi|&s;trate to the ordinary Power of the Inferiour Magi&s;trate, and when this Power cannot be implored, to the private revenge of the Tumultuous People which Remedy God did neither in&s;titute before the Law, nor e&s;tabli&s;h in the Law, nor vouch&s;afe by the Prophets, nor reveal by Chri&s;t, nor promulge by the Apo&s;tles, nor publi&s;h by the Catho|like Fathers, nor decree by Orthodox Councells, where|by I the more wonder, that this man, (of no &s;mall lear|ning, and ver&s;t in the Sacred Scriptures, Ancient Fa|thers, and Eccle&s;ia&s;ticall Hi&s;tory) &s;hould &s;o ra&s;hly turne a&s;ide from the Law of God, the Go&s;pell of Chri&s;t, the Doctrine of the Apo&s;tles, and opinion of the purer Church, to the errour of the Modern Anti-Monar|chians.</P>
</SP>
<SP>
<SPEAKER>David Paraeus.</SPEAKER>
<P><HI>Without doubt, the Law of God doth not &s;o e&s;tabli&s;h the licentiou&s;ne&s;&s;e of Tyrants, that in the meane time humane &s;ociety be de&s;troyed</HI></P>
</SP>
<SP>
<SPEAKER>Doctor Owen.</SPEAKER>
<P><NOTE PLACE="marg">Note.</NOTE> God &s;hall henceforward &s;it idle in Heaven, neither ta|king care of the Earthly Kingdomes, nor holy Church; let all peri&s;h, and come to ruine, if the Ambitious States, or Seditious Commons do not come in to helpe. What el&s;e is this, but to exalt the Arm of Fle&s;h, the Wi&s;dome of this World, the humane (that I may not &s;ay Devil|li&s;h) Power above God him&s;elfe, and again&s;t his divine
<PB N="67" REF="42">Ordinance; to the &s;ubver&s;ion of Piety, the de&s;truction of Peace, and ruine of all Common-Wealth. All Lawes are either given by God, or e&s;tabli&s;hed by Man, that men may live peaceably and holily in a Common-wealth; and that tho&s;e things may be avoyded which doe hinder either Peace or Holine&s;&s;e, I appeale to your own Con&s;cience <HI>Paraeus,</HI> is it not better, &s;afer, and &s;e|curer, to the propogation of piety, and pre&s;ervation of peace, to &s;uffer the Tyranny of one (though more cruell than <HI>Nero</HI>) than to &s;et all the Members of the Com|mon-Wealth at odds, and to ca&s;t the whole State upon the greate&s;t and mo&s;t certain Dangers. For the King cannot be &s;o de&s;titute and forlorne, but that he will have many of the States of his Kingdome to be joyned with him, and companions of his wickedne&s;&s;e; with who&s;e helpe he being a&s;&s;i&s;ted, he cannot forcibly be reduced un|to order, without bloody Slaughters, and the publike Calamity. But a Kingdome never becomes &s;o mi&s;erable under that King, though mo&s;t cruell, as for the mo&s;t part it happens to be, in a civill Warre;<NOTE PLACE="marg">Gods provi|dence in the order of Su|periority.</NOTE> So that God &s;eems in nothing more to have provided for the publike good, than by &s;etting the Superiour above the Inferiour, and &s;ubjecting the Inferiour to the Superiour; that no man pre&s;ume to ri&s;e up again&s;t the King, whom God hath placed above all; and being &s;o placed he hath not left to humane Tryall, but re&s;erved to his divine Judge|ment. He bla&s;phemes therefore again&s;t Heaven, who attempts evil in heart, mouth, or hand, again&s;t a Tyrant ju&s;tly po&s;&s;e&s;t of his Kingdome.</P>
</SP>
<P>And thus farre concerning the Propo&s;itions of <HI>Paraeus,</HI> and the Rea&s;ons of them, not good and well applyed Rea&s;ons but weake and frivolous; framed to the decei|ving
<PB N="68" REF="43">of the People, and ruining of Kings, and their King|domes. I will now returne, to the confirming the truth of my A&s;&s;ertion concerning the ab&s;olute power of Kings.</P>
<P>Tho&s;e men agree well among&s;t them&s;elves concerning the thing; it is concerning the manner, that <HI>Bellarmino Danaeus</HI> and <HI>Paraeus</HI> do contend&punc; neither may we &s;ee the contrary in the re&s;t of the Followers of both Sects. I in&s;i&s;t onely upon the&s;e three becau&s;e they are of &s;o great note among&s;t their followers, that none of the Papi&s;ts will contradict <HI>Bellarmino;</HI> none of the Puritans gain|&s;ay <HI>Danaeus</HI> and <HI>Paraeus:</HI> Know the&s;e and know all.</P>
<DIV3 N="1" TYPE="reason">
<HEAD>The fir&s;t Rea&s;on of the ab&s;olute power of Kings, from the Dictate of Nature.</HEAD>
<P>Nature it &s;elfe doth oppo&s;e this Puritan-Papi&s;ticall Tenet: from which fountain, the Authority of Rule, the Nece&s;&s;ity of Obedience; the Hone&s;ty of Life, the filthi|ne&s;&s;e, and puni&s;hment of Vice; the goodne&s;&s;e and re|ward of Vertue do &s;treame forth. And tho&s;e Wi&s;e Men (who&s;e Prudence in making Laws Antiquity &s;o much admires) di&s;cerning good from evill, ju&s;t from un|ju&s;t, hone&s;t from di&s;hone&s;t have publi&s;hed mo&s;t whole|&s;ome Laws. Whence <HI>Ba&s;il</HI> the great: <HI>The Princes of the whole Earth are &s;acred, even for the propriety of nature it &s;elfe to good; who her &s;elfe be&s;tows this Empery upon them&punc;</HI> in p&s;al. 44. <HI>In this,</HI> &s;aith Cyprian, <HI>whole Nature doth agree: there is one King to the Bees, one Captaine among the Flocks, one Governour among the Herds,</HI> de vanita|te Idol.</P>
<P>St <HI>Ambro&s;e</HI> (lib. 6. cap. 21. concerning the works of the &s;ix Dayes) he ob&s;erves an admirable di&s;pen&s;ation
<PB N="69" REF="43">of Nature in the hives of Bees. <HI>Bees defend their Kings with the chiefe&s;t protection, they think it honourable to dye for the King; the King being in&s;afety they alter not their judgement, they change not their mind; the King being lo&s;t they for&s;ake their faith of keeping their offices; becau&s;e he who had the principallity is &s;laine.</HI> The &s;ame hath <HI>Hie|rome.</HI> lib. 1 epi&s;t. 3. Let him that fights again&s;t Mo|narchs goe to the Bees, let him con&s;ider their wayes that he may learne to <HI>feare God and honour the King.</HI> From the dictate of Nature, I ha&s;ten to the Law of Nations the Lawyers call that the Law of Nations which is equally ob&s;erved by all Nations. Whence <HI>Augu&s;tine; It is a generall covenant of humane &s;ociety, to obey their Kings.</HI> confe&s;&s;, lib. 3. cap. 8.</P>
</DIV3>
<DIV3 N="2" TYPE="reason">
<HEAD>The &s;econd Rea&s;on of the immunity of Kings from the Law of Nations.</HEAD>
<P>Although the Acts of Ancient Kings, for a great part of them are lo&s;t by the injurie of the Times, or &s;loth of Men; yet from them that are extant in the Reliques of Hi&s;toryes, it will evidently appear, both that all Nations have obeyed their Kings, and that all Kings have excer|ci&s;ed an ab&s;olute Authority, circum&s;cribed with no bounds of conditions. Let the Annalls of all Nations be turned over, it &s;hall no where be found, that &s;uch a bridle is ca&s;t over Kings; that they mu&s;t &s;ubmit their &s;cepters to the will of the People; or that they &s;hould receive from the Nobles, a Law to moderate their Roy|all Juri&s;diction. Which thing <HI>Cicero</HI> hath ob&s;erv'd in his oration for King <HI>Deiotarus,</HI> before <HI>Cae&s;ar</HI> mo&s;t ex|pert in the Law and Hi&s;tory<HI>'s. It is &s;o unu&s;uall a thing</HI>
<PB N="70" REF="44">(&s;aith the Oratour) <HI>for a King to be guilty of a capitall crime, that before this time it was never heard of. Artaba|nus</HI> al&s;o Vice-Roy of Per&s;ia (not without a Jeere, deriding the lightne&s;&s;e of the Graecians) mocked <HI>Themi&s;tocles: You Grecians</HI> (&s;aith he) <HI>care for nothing more than Liberty and Equallity; but we Per&s;ians do think it mo&s;t excellent, and mo&s;t &s;acred 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.</HI> What <HI>Artabanus</HI> deli|vered by the in&s;tinct of Nature, <HI>Augu&s;tine</HI> and others of the Ancients delivered by the in&s;piration of the Holy Gho&s;t, who&s;e &s;ayings, produced in their place will have the more Weight.</P>
<P>That which tho&s;e Politicall Divines do &s;o often re|peate concerning the Lacedemonians, Athenians, and Romans, is a meere dreame. After that <HI>Theopompus,</HI> the la&s;t King of the Spartans had joyned to his Sonne, and his future Succe&s;&s;ors, the <HI>Ephori;</HI> the name of King be|came an empty Title among&s;t the Lacedemonians; ha|ving altogether lo&s;t the authority, which before <HI>Theo|pompus</HI> all the Kings had ab&s;olute and mo&s;t free. The Athenians after that they cea&s;ed to be under Kings, they endured no kind of Government long, being impatient of the pre&s;ent, and de&s;irous of new; at length they were ruined by an Anarchy. The People of Rome bewiched with the &s;weetne&s;&s;e of liberty, after the example of the Graecians, they changed their Kingdome into a Demo|cracy; and e&s;tabli&s;hed a Law, never to reduce their Kings. But by their forraigne Warres, and civill Di&s;|cords they learnt at la&s;t, 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
<PB N="71" REF="44">Rule; free from giving any account of his Words and Actions; from whom there &s;hould be no appeale, and to whom was permitted to impri&s;on, puni&s;h with bonds, or death, any man of the Nobles, or of the Patrician Or|der, the cau&s;e not declared.</P>
<P>What the Puritans have devi&s;ed concerning the States of the Kingdom in England, France, and Scotland, I dare not call them old wives fables, &s;ince that they are &s;hamful lyes &s;o lately broached. For how great the Power, and how &s;acred the Maje&s;ty of our Kings is, I had rather draw from the full fountain of the ancient Parliaments of this King|dom, and of men mo&s;t expert in the Laws of England, li|ving in former ages; then from the muddy &s;tanding pooles of Modern Politicks. There is in <HI>Thomas</HI> de <HI>Wal&s;ingham,</HI> an Epi&s;tle in the name of the whole Kingdome, from the Parliament held at Lincolne, about the Yeare 1301. in&s;cribed to the Romane Bi&s;hop; wherein the Lords Spirituall and Temporall, with all the Com|mons doe &s;peake to the Bi&s;hop concerning the prehemi|nence of the King of England in the&s;e words following; <HI>We know (mo&s;t holy Father) and it is a thing notorius, from the fir&s;t in&s;titution of the Kingdome of England as well in the times of the Brittains as of the Engli&s;h, 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 cu&s;tome ob&s;erved at all times, have not an&s;wered, neither ought to an&s;wer any thing, before any Eccle&s;ia&s;ticall or Secular Judge, &amp;c.</HI></P>
<P><HI>Henry</HI> de <HI>Bracton</HI> Lord Cheife Ju&s;tice of the Kings Bench (under <HI>Henry</HI> the third) a Man mo&s;t learned in the Engli&s;h Laws, hath the&s;e words; <HI>There are under
<PB N="72" REF="45">the King free men and &s;ervants; and all under him, and he under none, but God onely. If a man be injured by the King; (&s;ince no urit can run again&s;t the King) there is place left for petition, that he would correct and amend his fact: if he do not, it &s;hall be a &s;ufficient puni&s;hment, that he may expect God his avenger; Concerning Royall Charters, or the Acts of Kings, neither private per&s;ons nor Ju&s;tices ought to di&s;pute.</HI> This is cited in that Oration of the mo&s;t honourable Lord <HI>Eli&s;mer,</HI> Vi&s;count <HI>Bareley,</HI> late Chan|cellour of England; mo&s;t expert in the Laws of Eng|land; which oration he made in the Exchequer chamber in the yeare 1609. pag. 108. it is cited al&s;o by the Lord Bi&s;hop of Roche&s;ter de u&s;urp, pontif. pote&s;t. lib. 1. cap. 8</P>
<P>What was the authority of the States of France, in former times over their Kings which offended, <HI>Pa&s;queri|us</HI> doth relate, lib. 1. antiquit. Gallic. <HI>Lewis</HI> the 11. did urge the Senatours and Councellours, that they would be the Authours of a certain Edict, which they refu&s;ed to doe, becau&s;e it &s;eemed to be unju&s;t. The King full of wrath, threatned death to the whole Senate; <HI>Vacarius</HI> the Pre&s;ident of the Councell, approched the King with the whole Senate clothed in Purple; the King a&s;toni|&s;hed at the comming of the Senate all in Purple; he a&s;|ked, wherefore they came and what they would? <HI>Vaca|rius</HI> an&s;wered for them all, <HI>We &s;eek for death, which thou &s;o wrathfully threatned us with: Know this, O King! we will a&s;&s;uredly dye, rather than do any thing again&s;t our Con|&s;ciences and duties.</HI> Thus <HI>Pa&s;querius.</HI> Tho&s;e States had learned, not to puni&s;h 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
<PB N="73" REF="45"><HI>Anno Domini</HI> 1614. it was propounded; <HI>That there was no earthly power, &s;pirituall or temporall, which hath any right over the Kings of France, to remove the &s;acred per|&s;ons of Kings from their dignity, or to ab&s;olve their Sub|jects from their Loyalty and Obedience, which they for ever owe them, upon any cau&s;e or pretence what&s;oever,</HI></P>
<P>When the Scotch Nobility had endeavoured Sedi|tion again&s;t <HI>Ferchardus</HI> the mo&s;t wicked King of the Scots, <HI>Colmannus</HI> the Bi&s;hop did re&s;train them, and admo|ni&s;hed the King; that the divine vengeance would &s;hort|ly overtake him: The King a while after being woun|ded at a hunting, &amp; &s;ick of the lou&s;ie di&s;ea&s;e, he cryed out; That all the evills were befalne him, becau&s;e he hearkned not to the holy Bi&s;hop, when he &s;o well admoni&s;hed him. Afterwards <HI>Colmannus</HI> comforting him he repen|ted, and quietly departed. Well done, good and faith|full Bi&s;hop! Thou recalled&s;t the People and Nobles from In&s;urrection, thou repre&s;&s;ed&s;t the Seditious, thou did&s;t openly admoni&s;h the King, and that mode&s;tly, yet freely too; thou did&s;t not doe it privily with raylings to the &s;tirring up the people; Thou per&s;waded&s;t, that he is not to be cha&s;ti&s;ed at the plea&s;ure of the States, but left to the divine Revenge. I will adde &s;ome heads of the Royall Law among the Scots out of <HI>Hector Boe|thius</HI> lib. 12.</P>
<LIST>
<ITEM><HI>In profane matters, let no man determine the Law, but whom the Royall Maje&s;ty &s;hall appoint.</HI></ITEM>
<ITEM><HI>Let all Law be determined, A&s;&s;emblies cited, Councells called in the name of the King alone.</HI></ITEM>
<ITEM><HI>Let no man obtain the Magi&s;tracy, by any other than the Kings authority.</HI></ITEM>
<PB N="74" REF="46">
<ITEM><HI>If any man &s;hall &s;weare Allegiance to any but the King, let the crime be Capitall.</HI></ITEM>
<ITEM><HI>Let no man po&s;&s;e&s;&s;e ground, farme, or field by any other then the Royall Authority.</HI></ITEM>
<ITEM><HI>If any man &s;hall enter league with another, profe&s;sing faith and loyalty, again&s;t any man, let him be puni&s;hed with death.</HI></ITEM>
<ITEM><HI>If any man without the command of the King, &s;hall have men in Arms, let him expiate his crime with death.</HI></ITEM>
<ITEM><HI>If any of the Nobles &s;hall contract affinity with tho&s;e of another Dominion, let him be puni&s;hed with Death.</HI></ITEM>
</LIST>
<P>The&s;e, and more like unto the&s;e are to be found in <HI>Boe|thius.</HI></P>
<P>As for other Kings and Kingdomes, let them look to it whom it concerns. So that we have the Impe|riall highnes of our Lord and King (then which the Sunne hath not &s;een any thing more ju&s;t, more learned, or more holy,) pre&s;erved whole and entire again&s;t all the machinations of Papi&s;ts, and of Puritans. Ble&s;&s;ed be the name of the Lord, who in the&s;e our day's, (wherein he fore&s;aw &s;o many &s;candalls of Hereticks and Schi&s;|maticks would ari&s;e) hath placed King <HI>James</HI> in the height of this Dominion to the comfort of the Chri|&s;tian World, the increa&s;e of the Catholick Faith, and the &s;afety of the Churches Peace; that the Royall Power and the Sacerdotall Office may &s;till flouri&s;h.</P>
</DIV3>
<DIV3 N="3" TYPE="reason">
<HEAD>The third Rea&s;on of the Royall Prerogative from the authority of the Civill Law.</HEAD>
<P>Among&s;t the Interpreters of the Civill Law, doe every where meet us, the&s;e expre&s;&s;ions of the Emperour, that he is the<NOTE N="a" PLACE="marg">The Emperour doth puni&s;h his Subjects where&s;oever they offend; <HI>and the Rea&s;on is,</HI> becau&s;e he is of Right the Lord of the World. <HI>So</HI> Baldus <HI>C. lib. 4. tit. 42. de Eu|nuehis.</HI></NOTE> <HI>Lord of the World,</HI><NOTE N="b" PLACE="marg"><HI>Although he be the Vicar of God. Baldus</HI> C. lib. 6. tit. 8. de jure aureorum annulorum.</NOTE> <HI>Gods Vicar on earth,</HI>
<PB N="75" REF="46"><NOTE N="c" PLACE="marg"><HI>Jacobus Omphalius</HI> lib de officio &amp; pote&s;t. princip. c. 10</NOTE> <HI>the living Law,</HI><NOTE N="d" PLACE="marg"><HI>The Prince hath the fulne&s;&s;e of Power. Baldus</HI> again lib. 4. tit. 52. de commun. rerum alienat.</NOTE> <HI>the fulne&s;&s;e of Power,</HI><NOTE N="e" PLACE="marg"><HI>The Prince is free from the Laws, becau&s;e he is &s;ubject to none neither is judged by others. Ho&s;tien&s;is</HI> Sum. lib. 1. Rubr. 32. de officio legati. and he cites ff. lib. 1. tit. 3. l. 30. where the &s;ame words are had.</NOTE> <HI>the free and</HI><NOTE N="f" PLACE="marg">The King in his Kingdome can do all things, even out of the fulne&s;&s;e of power. Cor&s;etus Siculus <HI>tract. de pote&s;t. Reg. part. 5. num. 66.</HI></NOTE> <HI>ab|&s;olute Power;</HI><NOTE N="g" PLACE="marg">He that di&s;putes concerning the power of the Prince, whether he hath done well, or no; he is &s;acrilegious: <HI>So the Margini&s;t upon</HI> Angelus Peru&s;inus <HI>C. lib. 9. tit. 29. de crimine &s;acrilegii l. 2.</HI></NOTE> <HI>Di&s;putation concerning the Priviledge of the Prince is &s;acrilegious,</HI><NOTE N="h" PLACE="marg">In&s;tit. lib. <HI>1.</HI> tit. <HI>2.</HI> de jure natural. Gent. &amp; civil. <HI>and</HI> Claudius Cantiuncula <HI>in the &s;ame place.</HI></NOTE> <HI>that which plea&s;eth the King hath the force of a Law,</HI><NOTE N="i" PLACE="marg">To re&s;traine the Supreame Power, belongs to them who neither acknowledge the Imperiall Power, nor how great a di&s;tance their is between a private fortune, and the Regall Dignity. <HI>Doctores in l. 3. bene a Zenone C. lib. 7. tit. 37.</HI> de quadriennii pro&s;criptione.</NOTE> <HI>the power of the Prince is not to be re&s;trained,</HI><NOTE N="k" PLACE="marg">The Prince is bound to no forme, neither is a Rea&s;on to be required of him, why do&s;t thou &s;o? (<HI>Baldus C. lib. 7. tit. 50.</HI> &s;ententiam re&s;cindi non po&s;&s;e: <HI>l. 3.</HI> impetrata.) Becau&s;e &s;eeing the King is the Cau&s;e of Cau&s;es, a cau&s;e is not to be required of his power&punc; &s;ince that of the fir&s;t cau&s;e there is no cau&s;e giuen. <HI>So Baldus again decret. l. 2. tit. 16.</HI> &V;t lite prudente nihil in novetur. <HI>upon 3 Eccle&s;. num. 7.</HI></NOTE> <HI>if the Prince &s;hall do any thing out of the fulne&s;&s;e of Power, no man may &s;ay, why do&s;t thou &s;o?</HI></P>
<PB N="76" REF="47">
<P>La&s;tly, <HI>William Barclay</HI> doth inferre from <HI>Bartolus, Baldus, Paulus, Ca&s;tren&s;is, Lodovicus Romanus, Alexan|der, Felinus, Albericus and others; That the Prince upon certaine knowledge can doe all things, above the Law, with|out the Law, and again&s;t the Law, the Prince alone may con&s;titute an univer&s;all Law, the Prince oweth an account to God onely. The Prince is free from the Laws. And it is a ra&s;h thing to de&s;ire the Royall Maje&s;ty &s;hould be limited with any bounds.</HI> contra Monarchum. l. 3. cap. 14.</P>
<P>There are more of this &s;ort in <HI>Pet. Greg. Tholo&s;an.</HI> de <HI>Repub.</HI> throughout his &s;ixt book. In <HI>Adam Blacuo|daeus</HI> in his Apology for Kings <HI>c.</HI> 25. &amp; 31. and in <HI>Adri|an Saravia de imperandi authorit. lib.</HI> 2. <HI>c.</HI> 16. <HI>&amp;</HI> 17&punc; from whence it doth nece&s;&s;arily follow, that the authori|ty of the People is nothing, the authority of the Inferi|our Magi&s;trate is above the People, but below the King; by whom he is, and to whom he is Subject: but the Roy|all authority is free and ab&s;olute. For that Power is free which cannot be condemned by mans judgement, nor ought to be compelled: and the ab&s;olute power, is (under God) Supreame, in every part perfect, which can nei|ther be encrea&s;ed, nor ought to be demini&s;hed without offering injury to the divine Diety, becau&s;e God is the
<PB N="77" REF="47">Author and Ordainer of it. For where there is a Majo|rity, there is a power of commanding; to the re&s;t there remains a nece&s;&s;ity of obeying; as the Lawyers &s;peak.</P>
</DIV3>
<DIV3 N="4" TYPE="reason">
<HEAD>The fourth Rea&s;on from the Cannon Law.</HEAD>
<P>Many things are alledged in the behalfe of Kings even from the Cannon Law al&s;o, again&s;t the in&s;olent haughti|ne&s;&s;e of the Pope. Fir&s;t it is infer'd; <HI>that the &s;ecular Princes are not &s;ubject to the Pope; becau&s;e God hath di&s;|po&s;ed Secular affaires not by the Pope, but by the Em|perours.</HI> di&s;t. 8. cap. quo jure. Innocent the third <HI>doth acknowledge the authority of the Kings of France, which he neither intends to di&s;turbe or demini&s;h.</HI> de judiciis cap. Novit. the &s;ame Pope al&s;o confe&s;&s;eth, <HI>that the &s;ame King hath no Superiour in temporall things.</HI> qui Filii &s;unt le|gittimi. cap. per venerabilem. Honorius the third <HI>pre|&s;uppo&s;eth him&s;elfe a fit Judge concerning the birth-day of the Queen of Cyprus: but judgement concerning the right of &s;ucce&s;sion (he confe&s;&s;eth) doth belong not to the Pope, but to the King.</HI> de ordin. cognit. cap. Tuam. <HI>Allexander</HI> the third, he would not take knowledge of the po&s;&s;e&s;&s;i|ons of &s;ome Engli&s;h men contending before him, <HI>lea&s;t he &s;hould &s;eeme to detract from the right of the King of England.</HI> Qui Filii &s;unt legittimi, cap. Cau&s;am.</P>
<P>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 Bi&s;hop, (bearing him&s;elfe the Vicar of Chri&s;t and the Univer&s;all Bi&s;hop) their Su|periour; they will not endure the States of the King|dome,
<PB N="78" REF="48">or the promi&s;cuous multitude (a wilde bea&s;t of many heads) to be above them. You will &s;ay, what then? &s;hall the Royall Maje&s;ty be immen&s;e inclo&s;ed with no Limits? not liable to be puni&s;hed by the Pope, nor by the Nobles of the Kingdome, nor at lea&s;t 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 Per&s;on, and beares the Image of the eternall King: to whom alone he is bound to render an account of his words and actions; being &s;ecure from all con&s;traint tho|row the Maje&s;ty of his Royall Dignity. Which I &s;hall evince by mo&s;t firme rea&s;ons drawn out of the old and new Te&s;tament.</P>
</DIV3>
<DIV3 N="5" TYPE="reason">
<HEAD>The fift Rea&s;on from &s;acred Scripture</HEAD>
<P>What High Prei&s;t&punc; what Synode of Prei&s;ts; what Se|nate of the Nobles, or what promi&s;cuous Multitude ever excerci&s;ed the <HI>ordinary Power</HI> again&s;t <HI>Saul</HI> defiled with all impiety? again&s;t <HI>David</HI> guilty of Adultery, and Mur|der? again&s;t <HI>Solomon</HI> guilty of Poligamy and Idolatry? again&s;t other Kings of Judah, and I&s;rael, mi&s;erably pro|faning the Temple of God, wickedly polluting the di|vine Wor&s;hip, drawing the People in heapes to Ido|latry, drunken with the blood of the Prie&s;ts, of the Pro|phets, of the Nobles and all innocent Men; even mo&s;t defiled with all kind of wickedne&s;&s;e? <HI>David</HI> he &s;pared <HI>Saul,</HI> and becau&s;e he had cut off the skirt of his Garment, <HI>his heart &s;mote him &amp; he greatly trembled. Ieremiah</HI> taught the Captives not to fight again&s;t the King, but to pray for the King. <HI>Aha&s;uerus</HI> had by his publicke decree de|&s;tinated all the Jews unto &s;laughter, at an appointed
<PB N="79" REF="48">day; the People fortified them&s;elves with Prayers, with Teares, with Fa&s;ting, with Sackcloth and A&s;hes; not with Revilings, not with Lyings in wait, not with Trea|&s;ons, not with Arms. <HI>Mordecai</HI> did not admoni&s;h the Queen to take away the Tyrant by poy&s;on, but by fa&s;tings and prayers to God, and humble &s;upplication to the King, to avert the heavy falling of that mi&s;cheife which hang|ed over them: which <HI>Buchanan</HI> doth not deny, in who&s;e &s;editious dialogue concerning the Right of Kings with the Scots, are the&s;e words; <HI>The Kings of the Jews were not puni&s;hed by the Subjects, becau&s;e from the beginning they were not created by the Subjects, but given them by God, by the be&s;t right therefore he that was the author of the Dignity, the &s;ame &s;hould be the exactor of puni&s;hment.</HI> Thus Buchanan.</P>
<P>But &s;eing he could not well unloo&s;e this knot; he cut's it into two with the &s;word of a Lying tongue; to wit, <HI>That the Scotch Kings are not given by God, but crea|ted by the People; and that what&s;oever right they challenge to them&s;elves, they have it from the Commons; and that the Multitude has the &s;ame right over the Kings which the Kings have over each one of the Multitude.</HI> Tell me <HI>Buchanan,</HI> I pray; why &s;hall not the Kings of all other Nations have the &s;ame immunity that the Jews? they al&s;o have no Authour, and accknowledge no Authour but God. <HI>Mo&s;es</HI> doth witnes <HI>that God the Creator of the whole World, pre&s;ently after the Flood, ordained the Sword to be the avenger of Blood&s;hed; and e&s;tabli&s;hed Servitude to be the puni&s;hment of the Father that was mocked.</HI> In which all the parts of civill Juri&s;diction, and Royall Power are Synecdochically under&s;tood. Job al&s;o doth wit|ne&s;&s;e, <HI>that God alone it is who unloo&s;eth the bond of Kings,
<PB N="80" REF="49">and girdeth their loynes with a girdle.</HI> I &s;uppo&s;e he &s;peak|eth concerning the Kings of the Gentiles, the Polity of the Jewes, was not as yet con&s;tituted by the hand of <HI>Mo&s;es, by me Kings raigne, and Princes decree ju&s;tice,</HI> &s;aith the Holy Gho&s;t, <HI>Prov.</HI> 8. Chri&s;t witne&s;&s;eth that <HI>Pilat's</HI> power <HI>was given him from Heaven.</HI> Saint Paul hath writ, <HI>that there is no power, but of God. From him is the Emperour, from whom he is Man, before he be Em|perour,</HI> &s;aith Tertullian. <HI>From him he hath his power, from whom he hath his &s;pirit:</HI> And as Irenius hath it. <HI>The Earthly Kingdome is appointed by God for the benefit of the Gentiles, and by who&s;e command Men are borne, by his command Kings are made.</HI> Augu&s;tine is yet more plain and more full. <HI>It is God alone, who gives earthly King|domes both to the good and to the bad, and this not ra&s;hly, or as it were by chance, becau&s;e he is God; but according to the order of things, and of the times; hidden from us, but mo&s;t open to him&s;elfe.</HI> Thus Augu&s;tine de Civ. Dei. lib. 4. cap. 33. Yet do the Papi&s;ts and Puritans devi&s;e many things out of the Scriptures, (a thing u&s;uall with Hereticks) contrary to the genuine meaning thereof; with which I will not detaine you; they are &s;o un&s;ound and un&s;avory that they will deceive no man, but &s;uch an one, as is voyde of Rea&s;on, or altogether ignorant of an|cient Hi&s;tory.</P>
<P>I have already &s;poken of <HI>Paraeus. Bellarmine, and Danaeus,</HI> do mo&s;t of all in&s;i&s;t upon Examples of the tenne Tribes who revolted from their naturall King to a man of &s;ervile condition of the Men of Libnah, and the Edomites, who rebel'd again&s;t <HI>Joram.</HI> And of the Kings <HI>Amaziah, &V;zziah,</HI> and of the Queeen <HI>Athaliah,</HI> to which I an&s;wer: The defection of the tenne Tribes
<PB REF="49">from their naturall King to <HI>Jeroboam;</HI> the Rebellion of the Edomites, and of the men of Libnah; and the &s;laughter of <HI>Amaziah</HI> by the men of Jeru&s;alem, doe con|taine the Truth of the thing done, but not the equity of the fact, as <HI>Augu&s;tine</HI> mo&s;t truly. <HI>We may not therefore be|lieve a thing mu&s;t be done, becau&s;e we reade that it hath been done; lea&s;t we violate the Precept, whil&s;t we follow the Example.</HI> In the Hi&s;tory of <HI>&V;zziah</HI> and <HI>Athaliah,</HI> I &s;ee no difficulty; nothing is there done, which is not according to the equity of Rea&s;on, and the pre&s;cript of the Law. <HI>&V;zziah</HI> being di&s;ea&s;ed could not be conver|&s;ant in the affaires of the Kingdome; by rea&s;on of the contagiou&s;ne&s;&s;e of his di&s;ea&s;e he is removed from the company of the Courtiers, and a&s;&s;embly of the People. In the mean while his Sonne govern's the Common-wealth in his Fathers &s;tead, yet before the death of <HI>&V;z|ziah,</HI> he neither affected the name nor a&s;&s;umed the title of King. And as for <HI>Athaliah, Jehoida</HI> the Chiefe Prei&s;t &s;hewed the &s;urviving Sonne of the decea&s;ed King (whom he had &s;ix yeares hid from the fury of <HI>Athaliah,</HI> the Murdere&s;&s;e of the Royal ofspring) to the Princes and Centurions whom he had gathered together at Jeru&s;a|lem. They all acknowledge the Child their true King; being &s;o acknowledged they crown him, being crowned they &s;alute him with joyfull acclamations, <HI>God &s;ave the King:</HI> after that, neither by their own, nor by the Prie&s;tly Authority, but in the name of the lately crown'd King they depo&s;ed <HI>Athaliah,</HI> as guilty of Trea&s;on and Murder, by force and arms. <HI>Jehoiada</HI> acted the chiefe part, but not as chiefe Prie&s;t, but as chiefe of the Tribe of Levi, be|ing ancient in yeares, expert in the divine Law, provi|dent again&s;t the dangers which are imminent, the Pre|&s;erver
<PB N="82" REF="50">of the young King and the next Kin&s;man. The law of God doth not permit to touch Kings with a vi|olent hand, to revile them with a rayling tongue, or to thinke of them with a malicious heart. The Go&s;pell of Chri&s;t forbids re&s;i&s;ting. Tyrants; <HI>Peter</HI> and <HI>Paul</HI> for|bid re&s;i&s;ting Per&s;ecutors and Slayers of Chri&s;tians. <HI>Bellarmine</HI> an&s;wers, that Laicks of what order or digni|ty &s;oever they are, are thus bound by the Law, Go&s;pell and Apo&s;tolicall Precepts, but not the Roman Bi&s;hop&punc; the Vicar of Chri&s;t, and the univer&s;all Lord of the whole World for which he is &s;tiled by <HI>Danaeus,</HI> the grand Impo&s;tor, a flatterer of <HI>Capitoline Jove</HI> a Lyor, a Bla&s;|phemer, and a Mad-Man. But (&s;aith <HI>Paraeus</HI> in his fore&s;aid book, pag. 49. <HI>The Pope and the Church have not power to depo&s;e a King that is an Infidell; becau&s;e de|po&s;ing 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.</HI> (and as <HI>Danaeus</HI> hath it) <HI>it belongs to the godly States in every Common-wealth to cha&s;ti&s;e tho&s;e Kings which offend and depo&s;e tho&s;e which are ob&s;tinate.</HI> The Pontificians againe cry out, a Puri|tan, by whom he is &s;tiled an Athei&s;t a Politician, and Seditious; and affirme that this power of cha&s;ti&s;ing Kings and depo&s;ing them, doth no wayes properly belong to the Barons, or Peeres of the Kingdome or to the Mul|titude, for the defect of coactive Juri&s;diction&punc; which Va&s;&s;alls (for &s;o they &s;peak) have not again&s;t their Lords. So <HI>Jaco. Anthon. Marta&punc;</HI> de juri&s;dict. lib. 1. c. 23. num. 18. and <HI>Carerius</HI> de pote&s;t. 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 confe&s;&s;e ingeniou&s;ly) doth
<PB N="83" REF="50">plea&s;e me. But that I may ingratiate my &s;elfe into their favour, whom I &s;o lately provoked, I &s;uppo&s;e both opi|nions to be true, that all Kings Emperours and &s;upreame Magi&s;trates are obnoxious to the Pontifician, and to the Tribunitian Power. Yet that any man be ju&s;tly con|demned, the cour&s;e of the Court it &s;elfe doth require the&s;e two things: the de&s;ert of the Crime, and the order of Power, I would have tho&s;e Puritan-Papi&s;ts to tell us, from whence this Pontificiall, and Popular power is.</P>
<P>Without doubt it is not from Chri&s;t, who yeilded both obedience and tribute to <HI>Tyberius Cae&s;ar,</HI> no good Emperour; who reproved <HI>Peter</HI> &s;miting with the &s;word and commanded him to put it up. Not from <HI>Paul</HI> who will have every &s;oule &s;ubject to the higher Powers. Not from <HI>Peter</HI> who &s;ubjecteth all, without difference, to the King, and to tho&s;e (not Tribunes which are con&s;tituted by the People, not Legates which are &s;ent out from the Pope,) but Magi&s;trates which are appointed by the King: from whence it nece&s;&s;arily followes; that all coactive power, and &s;ecular dignity doth i&s;&s;ue from the King. who&s;e &s;acred Maje&s;ty he that violates, &s;hall be guilty of trea&s;on not &s;o much again&s;t the humane as again&s;t the divine Maje&s;ty, and what <HI>Bernard</HI> long &s;ince &s;aid, <HI>(ad Archiepi&s;cop. Senonen&s;.)</HI> may I now &s;ay to the Com|monalty and Nobility; <HI>Let every Soul be &s;ubject; if every &s;oule, then yours; who hath exempted you from the ge|nerallity the that endeavours to exempt attempts to deceive; re&s;t not upon their councells who though they be Chri&s;tians, yet thinke it a di&s;grace either to follow the example, or obey the precepts of Chri&s;t.</HI> Epi&s;t. 24.</P>
</DIV3>
<DIV3 N="6" TYPE="reason">
<PB N="84" REF="51">
<HEAD>The &s;ixth Rea&s;on from the Authority of the Fathers.</HEAD>
<P>In the primitive Church of an un&s;potted faith, beau|tified with candid innocency, and purple Martyrdome there is a deepe &s;ilence of this power. Indeed tho&s;e An|cients choo&s;e to &s;uffer any thing for righteou&s;ne&s;&s;e-&s;ake, and to be crowned with Martyrdome, rather than by re|pelling violence with force, or by re&s;i&s;ting publicke An|thority to be accounted guilty of impiety again&s;t God, or rebellion again&s;t the Emperours.</P>
<P><HI>Ju&s;tin Martyr</HI> in his Apology for Chri&s;tians to <HI>An|tonius Pius</HI> de&s;cribes the duty of Subjects. <HI>That we may wor&s;hip the true God</HI> (&s;aith he) <HI>we willingly obey you Emperours, whom we acknowledge Kings and Princes, and we pray that there may appeare in you equall wi&s;dome joyned with your Royall Power.</HI> Tertullian al&s;o to Scapula Pre|&s;ident of Carthage. <HI>Concerning the Maje&s;ty of the Em|perour we are defamed, yet cannot the Chri&s;tians be found to be either Albinians, Nigrians, or Ca&s;sians; a Chri&s;tian is no mans enemy, much le&s;&s;e the Emperors; whom (knowing him to be con&s;tituted by God) it is nece&s;&s;ary that he reverence, and honour, and that he de&s;ire his &s;afety, with the whole Ro|man Empires, we reverence the Emperour therefore, as &s;e|cond to God; and what he is, he hath received from God, inferiour onely to God, &amp;c.</HI> The &s;ame Author in his Apologeticke relates the prayers and devotions of the Chri&s;tians; For the Emperour per&s;ecuting the Church; <HI>The Chri&s;tians with their Arm's &s;pread becau&s;e they are innocent, with their heads bared be|cau&s;e they blu&s;h not; la&s;tly from their hearts they pray for all Emperours, a long life, a &s;ecure Empire, a &s;afe home, Va|liant
<PB N="85" REF="51">Armyes, a faithfull Senate, a loyall People, a peace|able World, and what&s;oever is the de&s;ire and wi&s;h of Man, and of Cae&s;ar.</HI> The Founders of the Presbytery, were wont to pray otherwayes in Scotland. From the Guy|&s;ian blood good Lord deliver us. The mo&s;t de&s;perate Contrivers of that Powder-Trea&s;on, prayed otherways in England, whom I think it were fit they were parg'd with Hellebore rather then refuted with Rea&s;on.</P>
<P>Holy <HI>Athana&s;ius</HI> &s;peaking of the &s;upreame Empery of Kings hath the&s;e words (<HI>ad Antioch. que&s;t.</HI> 55.) <HI>As God is King and Emperour over all the World, and doth excerci&s;e a power over all things which are in Heaven and in Earth; &s;o is the Prince and King &s;et over earthly things, who of his owne accord doth what he will, even as God him&s;elfe.</HI></P>
<P>The day would faile me if I &s;hould recite to you the te&s;timonies of <HI>Ignatius, Arnobius, Iraeneus, Lactan|tius, Ambro&s;e, Hierome, Ba&s;il, Hillary, Chry&s;o&s;tome, Nazianzen, Cyrill, Optatus, Milevetanus, Leo</HI> the fir&s;t, <HI>Fulgentius, Gregory</HI> the fir&s;t, <HI>Bernard</HI> and others. And <HI>Augu&s;tine</HI> &s;hall be one for all, Epi&s;t. 42. (ad fratres <HI>Ma|daur.</HI>) <HI>Ye &s;ee the Temples of Idols, partly decayed without repaire, partly thrown down, partly &s;hut up, partly changed to other u&s;es, and the Idols them&s;elves either broken, or burnt, or de&s;troyed, and the very powers of this world, (which &s;ome|time for the&s;e Idols &s;ake per&s;ecuted the Chri&s;tian people) overcome and &s;ubdued by Chri&s;tians, not re&s;i&s;ting but dying.</HI></P>
</DIV3>
<DIV3 N="7" TYPE="reason">
<HEAD>The &s;eventh Rea&s;on from the Autho|rity of Prote&s;tants.</HEAD>
<P>The Prote&s;tants vary not an haire's breadth from the
<PB N="86" REF="52">Doctrin of the Ancient Church. Yet is it an u&s;uall thing with the Papi&s;ts, to accu&s;e the Church (purg'd from the dregs of Popery) both, of defection from the Catholike Faith, and of Sedition in a con&s;tituted Polity. Hear from Cardinall <HI>Alanus</HI> the common calumny of the Papi&s;ts (<HI>in re&s;pon&s;. ad Jn&s;tit. Brittan. c.</HI> 4. <HI>The Prote&s;tants</HI> (&s;aith the Cardinall) <HI>de&s;perate and factious men, So long as they have Princes and Kings indulgent to their wills, they know well how to v&s;e that pro&s;perous e&s;tate of Fortune but if their Princes cro&s;&s;e their de&s;ires, or the Laws be again&s;t them, pre&s;ently they breake the bonds of Loyalty, de&s;pi&s;e Maje&s;ty every where, they rage with Slaughters, Firings, and Plun|derings, and run headlong into the contempt of all divine and humane things.</HI> Thus he. To the wiping off this foule calumny, I will &s;et down a few &s;ayings of a few men, that the Adver&s;ryes may blu&s;h, if they have not wholly ca&s;t off all &s;hame of Man, and feare of God. As for the followers of the Presbytery, I number them with the Je&s;uits (who&s;e manners they imitate) rather then with the Prote&s;tants, I call God to witne&s;&s;e, I never yet found any man devoted to the Idol of the Pre<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">by|tery, who was not as great an anemy to the Regall Ma|je&s;ty, as to the Epi&s;copall Dignity.</P>
<P><HI>Sleidan</HI> doth expre&s;&s;e the opinion of <HI>Luther</HI> at large, com. lib. 5. From whence I have taken the&s;e few words; <HI>No man</HI> (&s;aith Luther) <HI>who moves Sedition can be excu|&s;ed, although he have a ju&s;t cau&s;e; he mu&s;t repaire to the Magi&s;trate, and attempt nothing privately. All Sedition is contrary to Gods precept, who di&s;alowes and dete&s;t's it.</HI> Thus he.</P>
<P><HI>Philip Melancthon</HI> neither thought, nor &s;pake other|wayes. <HI>Although it be the Law of Nature to repell force
<PB N="87" REF="52">with force; yet is it not lawfull by force to repell the force exerci&s;ed by the Magi&s;trate. Although we &s;eeme to pro|mi&s;e obedience, upon this condition, if the Magi&s;trate com|mand things lawfull; yet is it not therefore lawfull to repell the unju&s;t force of the Magi&s;trate by force. Although Em|pires be obtained and po&s;&s;e&s;&s;ed by wickedne&s;&s;e, yet the Ordi|naion of the Empire is the worke of God, and the good crea|ture of God.</HI> There is therefore no force to be taken up again&s;t the Magi&s;trate. The&s;e words hath <HI>Melancthon</HI> in <HI>Luther,</HI> Tom. 1. pag. 463.</P>
<P><HI>Brentius</HI> di&s;&s;ents not from them, <HI>the Government of a Prince</HI> (as he hath it in Re&s;p. ad Art. Ru&s;tic.) <HI>may be evill two wayes. Fir&s;t when any thing is commanded con|trary to the Faith, as to renounce God. Here is the Apo|&s;tl's &s;aying good, We mu&s;t obey God rather than Man. Let not the Subject by any means u&s;e violence again&s;t the Ma|gi&s;trate; let him &s;uffer any evill patiently, let him not &s;trike again, but be quiet, and &s;uffer any di&s;commodity rather than obey his wicked commande. Secondly the Government of a Prince may be evill, when any thing is commanded con|trary to publike Ju&s;tice; of which &s;ort is the exaction of a mans goods, or the puni&s;hing of his body; in tho&s;e kinds of in|juries Obedience becomes a Subject: for if he betake him|&s;elfe to Arms, his &s;entence is pa&s;t, he that &s;miteth with the &s;word &s;hall peri&s;h by the &s;word.</HI> Thus Brentius</P>
<P>Under <HI>Henry</HI> the eight, <HI>Cranmer</HI> Arch-Bi&s;hop of <HI>Canterbury,</HI> together, with the Bi&s;hops, and other the the more famous Divines of the Kingdome, in a booke concerning the In&s;titution of a Chri&s;tian man, hath the&s;e words. <HI>If Princes &s;hall do contrary to what their du|ty requires, they have not in this world any Judge &s;et over them by God; but are to render an account to God who hath
<PB N="88" REF="53">re&s;erv'd to him&s;elfe alone, the judgement of them. But it is horrible wickedne&s;&s;e for the Subjects to rai&s;e Sedition or Rebellion, although their Princes be evill. But God is to be pray'd unto, in who&s;e hand are the hearts of Kings, that he would alluminate them by his Spirit, whereby they may right|ly u&s;e the Sword committed to them, to Gods glory.</HI> Thus they.</P>
<P>Lea&s;t any man &s;hould &s;landerou&s;ly report that this was feigned, and therefore &s;poken to flatter the King; I will adde the opinions of others the mo&s;t learned of that age; who lived under the Cro&s;&s;e of Per&s;ecution, who wrote in the trouble&s;ome time of Bani&s;hment, and who &s;uffered mo&s;t cruell Death for the Truth of Chri&s;t.</P>
<P><HI>William Tyndall</HI> (an Exile for Religions &s;ake, and Martyr under <HI>Charles</HI> the fifth) put forth a Booke con|cerning a Chri&s;tian mans obedience in the nineteenth yeare of <HI>Henry</HI> the eight's Reigne, (when the Cardinall a Butchers Sonne led away the Lambs of Chri&s;t by flocks to the Slaughter) in which he de&s;cribes the au|thority of the King, and the duty of Subjects, according to the rule of the Go&s;pell. <HI>David</HI> (&s;aith Tyndall) <HI>&s;pa|red</HI> Saul; <HI>if he had &s;layne him he had &s;inned again&s;t God. In every Kingdome the King (who hath no Superiour) judg|eth of all. He that attempts any mi&s;chiefe to the Prince, be|ing a Tyrant or Per&s;ecutor, or with a &s;tubborne hand touch|eth the Lords anoynted, is a Rebell again&s;t God, and re&s;i&s;ts Gods Ordinance. As often as a private man offends, he is held guilty to the King, when the King offends he ought to be re&s;erv'd to the tryall and vengeance of God. And as it is not lawfull to re&s;i&s;t the King upon any pretence what&s;o|ever &s;o is it not lawfull to ri&s;e up again&s;t the Magi&s;trate, who
<PB N="89" REF="53">is &s;ent by the King, to execute tho&s;e things which are com|manded by the King.</HI> Thus he. <HI>Robert Barnes</HI> condem|ned to the fire in the year 1541. in a Tract concerning humane con&s;titutions, he pre&s;cribes the be&s;t forme of obedience to Subjects living under wicked Princes. <HI>If the King</HI> (&s;aith he) <HI>endeavouring to root out the faith of Chri&s;t, &s;hall forbid the hearing of the Word, or receiving of the Sacraments under the penalty of &s;ome great Fine, or dan|ger of Death; God is to be called upon with faithfull prayers, the King petitioned with humble &s;upplications, that he will be plea&s;ed to revoke his decree; if he will not doe it, it becom|meth 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 Per&s;ecutor, let him patiently &s;uffer the lo&s;&s;e of goods, the tearing of his members; yea a Chri&s;tian ought to &s;uffer mo&s;t cruell death for the truth according to the example of Chri&s;t; who&s;oever &s;hall rebell for Religions &s;ake &s;hall be guilty of eternall damnation.</HI> Thus Barnes.</P>
<P>They who in the Reigne of Queene <HI>Mary</HI> renounced Popery, &amp; refu&s;ed to believe the breaden God, were con|&s;trained to undergo the mo&s;t exqui&s;ite kinds of torments, &amp; after many Calamities, Mi&s;eries, Chains, Fetters, Hun|ger, Thir&s;t; Cold and other Puni&s;hments, great without mea&s;ure, 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-&s;pent life, or brought to the place of puni&s;hment being now laying down his life, did contemne the royall Maje&s;ty, though &s;o cruell. No man cur&s;ed the Queen (de&s;troying her People the Church of God contrary to her publicke prote&s;tation) no man was found who re|fu&s;ed obedience, yea no man who did not humbly pray
<PB N="90" REF="54">for her. So the Men of God, and dutifull Subjects by leaving to po&s;terity a famous example of obedience and patience, by leading an innocent life, free from &s;edition, they &s;ealed with one and the &s;ame blood the duty of Al|legiance and the purity of their faith.</P>
<P>We have not now place to &s;peak of the Prote&s;tants under <HI>Ferdinand, Maximilian,</HI> and <HI>Radolphus,</HI> Emperours of <HI>Germany,</HI> and under <HI>Elizabeth</HI> of ble&s;&s;ed memory Queen of <HI>England,</HI> (God I hope will grant an opportu|nity) I cannot pa&s;&s;e by one, anoynted by the Lord with the oyle of &s;aving Grace, and &s;ingular Knowledge above his fellows, the pillar of the Church, the prop of the Common-wealth, a mo&s;t expert Champion of Chri&s;t again&s;t Anti-Chri&s;t and the new Arrians, a mo&s;t invinci|ble Warriour in the cau&s;e of Kings again&s;t the Papall Ty|ranny, the Cardinall impo&s;tures, and Puritannicall &s;edi|tions; the re&s;torer of the Epi&s;copall Dignity, and mo&s;t eager oppo&s;er of the Presbyteriall Anarchy, the De|fendor of the Catholick Faith, the truly peaceable King, in his golden treati&s;e concerning the true Law of free Monarchy. pag. 48. <HI>The wickedne&s;&s;e of him that ruleth, ought not to &s;ubject the Ruler to them, over whom God hath appointed him to be Judge: if it be not lawfull for a pri|vate man to pro&s;ecute an injurie again&s;t a private Adver|&s;ary, &s;eeing God hath committed the &s;word of Vengeance to the Magi&s;trate alone; how much le&s;&s;e do&s;t thou think it law|full either for all the people in generall, or &s;ome in parti|ticular, to u&s;urpe the &s;word, (to which they have no right) again&s;t the publicke Magi&s;trate, to whom alone it is com|mitted.</HI> Thus the mo&s;t royall King.</P>
<P>Seeing the Papall and Tribunitian power is contrary to Nature, is di&s;alowed by the Law of Nations, the Ci|vill
<PB N="91" REF="54">and Cannon law; &s;eeing it can find neither founda|tion in the Word of God, nor patronage from the An|cient Fathers, nor entertainement with the mo&s;t learn|ed of the Prote&s;tants; but is rejected, antiquated, and exploded by all with one mouth; I confidently aver, that it is the meer devi&s;e of Papi&s;ts and Puritans, (&s;editious men) odious to God, injurious to Kings; devi&s;ed to the ruine of the Common-wealth, and de&s;truction of Re|ligion. Therefore I conclude according to the Dictate of Nature, the Law of Nations, the Civill and Canon Law, the &s;acred Scriptures, the Orthodox Fathers, and mo&s;t Famous Doctors of the Reformed Church. <HI>It is not lawfull to re&s;i&s;t the King violating the Fundamen|tall Laws of the Kingdome.</HI></P>
<EPIGRAPH>
<Q><BIBL>1. Pet. 2.17.</BIBL>
<P>Feare God, Honour the King.</P></Q>
</EPIGRAPH>
</DIV3>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
