GOD AND THE KING.

OR A DIALOGVE Wherein is treated of Allegiance due to our most Gracious Lord, King Iames, within his Dominions.

WHICH (by remouing all Controuersies, and causes of Dissentions and Suspitions) bindeth Subiects, by an inuiolable band of Loue & Duty, to their Soueraigne.

Translated out of Latin into English.

Printed at Cullen. M. DC. XX.

To the Reader.

THE former Dialogue, set forth vnder thi [...] same Title, GOD AND THE KING (the persons of the same being Theodidactus and Philalethes, the first signifiyng One taught of God, the other, A louer of Truth) did [...]eed explication in di­uers poynts, aswell in regard of the verity of the discourse, as also for the more safty both of Kings and their Kingdomes. VVherfore it was thought good, that in this present Dialogue two other persons should treate of the same subiect, Aristobulus, that is, A good Coūsellour, and Philanax, A Louer of Kinges: of which the one wisheth all good vnto Kinges; the other suggesteth what he iudgeth best for their State. And so in few wordes (gentle Reader) thou hast the scope of both Dialogues. Fare­well.

GOD AND THE KING.

Philanax.

YOv are well met Aristobulus: your countenance and gesture import, that your thoughtes are much busied. What may b [...] the occasion of these Meditations?

Aristobulus.

I haue lately perused a short Treatise intituled GOD AND THE KING, the Author whereof vndertaketh to shew the groundes & foundations of royall Soueraignty, and of the Oath of Allegiance.

Philanax.

Why should the perusall of the Trea­tise [Page 4] cause such admiration in you? I am sure you, b [...]ing a Professour of the Ghospell, are no [...] of their number, that seeke to depresse Kingly power, or thinke much that Kings should oblige their subiects to them by Oathes.

Aristobulus.

My professio [...], and my deedes de­clare sufficiently my dutifull affection to Kings, my high esteeme of their authority, my detestatiō of all treason, hollownes, and insincerity towardes them. I approue the doctrine of this Dialogu [...], Dial. God and the Kinge pag. 2. that vnder the pious and reuerend appellations of Father and Mother, are compri­zed, not only our naturall Parents, but likewise all higher Powers, and especially such as haue soueraigne authority, as Kings & Princes, who more expresly, then any Gouer­nours, represent the person & maiesty of one God, ruling the whole world, and are his substitutes & lieutenants, euery one within his owne King­dome. Dial. p. 33. & 34. The subiect may not touch his soue­raigne with any hurtfull touch, nor stretch out his hand against his sacred person, nor a [...]fright, nor disgrace him by cutting the lapp [Page 5] [...]f his garment, not hurt him in word, no not [...]o much as in thought. He must discharge his [...]anifold duties towards him, by payinge [...]ribute for his regall supporte: by fighting his [...]attailes with Ioab: aduenturing his life with Dauid to vanquish his enimies: Reuealing with [...]eligions Mardochaeus treasonable designe­ [...]ents against him: by powring out pra [...]ers [...]nd supplications for his wellfare: by estee­ming and [...]onouring him from the harte, and out of conscience, as the annointed o [...] the Lord, Gods holy Ordinance and Minister, and as a God vpon earth. These doctrines I allow; and these duties towardes Princes whosoeuer infringeth, either by tu­mults or seditions against his state, or by treacherous and violent attempts against his person, deserue as violators of Gods will, contemners of natures [...]aw, and enemies to the good of their Countrey, to be punished & persecuted [...]o death by sword and fire.

Philanax.

Seeing then that the Treatise you [...]peake of doth so fully declare the duty of Allegiance to the Kinge: what [...]roubleth you therein, that your coun­ [...]enance discouereth disl [...]ke?

Aristobulus.
[Page 6]

To commend allegiance in generall termes, simply and playnly conceaued, is most alowable & necessary in these times. But bold, or rather desperate Treatises, such as this is, that disclose the mysteries of Regall Prerogatiue, which, [...]peach in the Star­chamber. 16.6. as his Maiesty well noteth, ought not to be searched into: that ground the authority of Kings so ne­cessary for mankinde, vpon doubtfull curios [...]ties: that moue questions about depositions, both disgracefull to Ma­iesty, and odious to the subiects: such Treatises (I say) doe more harme then good: and without doubt the first Au­thors of such conceipts be secret ene­mies to Kingly gouernment, and by this stratageme would craftily vnder­mine what hitherto in vayne they haue assaulted openly.

Philanax.

I am persuaded the Treatise you mention was not written by any Pa­pist: nor that any of that generation [...]ad their hand in it. Who then may [Page 7] we think be these vnderminers of Monarchy you speak of?

Aristobulus.

I would to God it were hard to name them: or that euery one could not point with his finger at that professiō which from her cradle hath euer been a mortall enemie [...] Kings. That the first planters of the Ghospell in this age rooted the same in rebellion and in hatred to Monarchy, neitheir wee nor any of their best frends can deny. Bancroft in the Dan­gerous po­ [...]itiōs p. 33. Our late Arch-bishop excuseth them, that their zeale was very greate, the light of the Ghospell (sayth he) then first appearing vnto them, so dazeled their eyes, that they did not well consider what they did. Without doubt so it was, and so it will euer be, where the pure light, as they call it, of this Ghospell shineth, and zeale therof fer­uently burneth, there can be no assured allegiance to the Prince. This (I con­fesse) is no small blemis [...] to the Reli­gion, which I would conceale, did not loue to his Maiesty force me to speak. And the reason why it must needes be so is euident.

[Page 8]A true spirit zealous in Religiō can neuer be quiet in the busines of s [...]luati­on, and in questions and Controuersies of Faith, [...]ll he find some ground in­fallible whereon he may rest. The Pa­pist holdes that the Popes sentence, specially in generall Councels, is the infallible decider of Controuersies, v­pon which he repo [...]th his conscience. And by submitting euery one his pri­uate iudgment to the sentence of a su­preme Iudge, they gayne peace and v [...]ity among themselues, and their Iudge, still when he defines, being (as they pretend) assisted by Gods spirit, they are secured from errour. An easy and sweet way to end Controuersies had it pleased God to haue appointed it, Psal. 84. v. 16. wherein verity and charity m [...]et, Iustice (doctrine I say iust with Gods word) kisseth with peace: 2. Thessal. [...].2. v. 10. and Christians might haue enioyed what S. Paul so highly commendeth, charity of [...]uth. But our Authors constantly affirme, that since the Apostles, God gr [...]unted no such priuiledge to any Pastor, nor wold be­stow so great blessing on his Church, as to haue perpetually such a visible [Page 9] gouernour to decide her doubtes

— nimium vobis Romana propago
visa potens, superi, propria haec si dona fuissent.

W [...]erfore by the consēt of the Churches which we call reformed, the spirit of God deciding Controuersies, which Papists tied to the Pope and his Coun­cells, was giuen to euery man that should attend to the spirit speaking in Scriptures. A course which pleased much the common people in the be­ginning, persuading them that they had been blinded and wronged by the Pope, taking from them, together with the vse of Scriptures, their authority to iudge definitions of the Church by Scriptures. The deuisers of this way seemed to haue great zeale of the truth, but were not carefull to prouide for peace. And so in practise this deuise be­got a multitude of Sects and Religi­ons, one against another, that many, weary of all, began to thinke it were better men should be vnited in error, then thus mortally diuided in Truth.

A meane was deuised to decide Con­trouersies by nationall Synods, that are confessed may erre, but the Ciuil ma­gistrate, [Page 10] as our chief Deuines teach, as being President in them, is to compell his subiects by the sword to imbrace those doctrines that be determined (be they true or fals.) For this course (say they) was appointed by God, Hooker Ecclesiast. pol. prefac. p. 28. who thought it better in the eye of his vnderstanding, that sometimes an erroneous definitiue sentence should preuaile, then that strifes should haue respite to grow and not come speedily to some end. Heere desire of peace & concord may seeme to haue made these men lesse zealous of the Truth then behooued them. So it ope­ned a gappe (specially in England) to prophanes & irreligiosity, which is to be iust of the Kings Religion whatso­euer it be, or rather of none.

A salue for this sore hath been in­uēted: that subiects ought to obey their Princes Lawes and definitions, Hooker ibid. p. 29. when they haue only probabilities against them, not when they haue necessary and demonstratiue reasons, which discharge the conscience and giue liberty to resist. This caueat and salue for Truth sets the wound of dissention againe a bleeding. Sects in the world are now allmost infinite for number: amongest which not one is found that [Page 11] pretendeth not cleere and euident de­monstration, and proofe from holy Scripture for their contrary and repu­gnant opinions. And who shall iudg in this contradiction and confusion whose reasons are necessary and de­monstratiue? The arguments which we think demonstrati [...]e, moue Papists nothing at all, and arguments which we iudg of no force, Puritans (as Arch­bishop Bancroft writeth of them) take to be so vrgent, that, Suruey of the holy [...]iscipline. p. 93. if euery hayre of their head were a seuerall life, they wold giue them all in the cause. This controuersy ther­fore, whose reasons are demonstratiue and whose are not, is the greatest of all others: nor is there any way to decide it in our churches besides the sword of the temporall Prince. Princes therfore for conseruation of peace, must keep the spirit in awe, practising power in­fallible in deedes, which they dare not challenge in wordes. This is the cause of the secret emnity betweene power of Kings, and feruour of our Ghospell. The Prince can neuer be assured of our Gospellers by the Principles of their Religion, that their zeale to the Truth [Page 12] will not trouble the peace of his King­dome: nor Ghospellers of the Prince, that his loue of temporall peace, will not compell them to trust to his de­ceaueable definitions. Whence it is ma­nifest, that so longe as the one shalbe zealons and feruent, to follow, and preach what by light of the spirit they conceaue to be in Sc [...]ipture, occasions cannot be wanting to the other that will force him to vse his power to curbe their liberty. Which power, so long as he shal vsurpe (& so long as he will be Prince and Protestant he must needes vsurpe) let him neuer expect that Ghospellers can loue his gouern­ment, though they may flatter in out­ward shew.

Those men had (no doubt) the Ba [...]il. Dor. p 40. &. 41. pure spirit of our Ghospell, who professed, that except they Knox. histor. of the Church of Scot. p. 265. Dang. po [...]it. p. 11. might haue the re [...]orma­tion they desired, they would neuer be subiect to mortall man. Looke vpon the first ere­cting of our Religion in Sleydan. l. 28. & l. 22. O [...]ian. Epist. cent. 16. p. 566. Germany, Cuspin. of the Church of France p. 625 Ferres histor. p. 588. France, Osiand. ibid. p. 94. Flanders Chi­tr [...]eus in chron p. 71 Swe [...]eland Fulk. answere to the declam of P. [...]ra­rines. Denmarke Dang. posit. l [...]. c. [...].4 [...] &. seq. and Scotland, & you shall find that the Ghospell went not so fast vp, but Kings and their autho­rity [Page 13] went as fast downe. What Bul­lenger writeth of Anabaptist [...], was the true course of our Reformers. Suruey of the disc. p. 101. They began with Bishops, pulling them from their seates; they ended with Kings casting them frō their Thrones. Books haue been written of this argument Dang. po [...]it. Sur­uey and others by D. Ban­croft. by no Papists, that shew their practises and doctrines to be in the highest degree iniurious to Kings.

Principes sunt omni­um quos terra [...]usti­net s [...]ul­tis [...]imi & deterrimi nebulones. Tō. 2. Ger. [...]en. de mag saecul. fol. 200. Luthers inuectiues I omitt, not to pollute your eares. Caluin is more modest, yet so bould with Kinges, as to write, that when they resist the Ghos­pell Cal. in Dan. cap. 6. v. 22. they are not to be obeyed, but rather we ought to s [...]it it in their faces. This is no­thing to that which Hottomā, Beza, Good­man, Knox, Vrsinus, Buchanan (to forbeare the naming of others innumerable) haue writtē, wherby they make Maie­sty subiect to the peoples pleasure, no more sure of his state, then wether­cocks that must turn [...] with the wind.

Vt sumat, vt ponat secures
Arbitrio popularis aurae.

What thinke you of these their propo­sitions following? Knox to Engl. & Scotl. fol. 78. Yf Princes be ty­rants against God and his Truth, their [Page 14] subiects are freed from their oath o [...] Allegiance. Buchā. de i [...]e Reg. p. 61. The people are greate [...] then the King, & of greater authority ibid p. 58. The people haue the same power o [...]uer the King, that the King hath oue [...] any one person. ibid. p. 13. The people haue right to bestow the Crown at their pleasure. ibid. p. 12. As the patient may choose the phisitiā he like [...] best, & reiect him at his pleasure: so the people in whose free choice at the beginning it was to be vnder kings or no, may, when they be weary of their bad gouernment, cast him from his Buchan apud Black. Apol. pro Reg. pag. [...]1. Office into prison, into irons, put him to death, and set whome they please to gouerne in his place.

The booke of obedience writt [...]n in Geneua by fugi­tiues in Queene Maryes dayes p. 16. Kings haue their authority from the people, and the people may take it away againe, as men may re­uoke their letters of Attorney. ibid. p. 319 159. Yf kings without feare transgresse Gods Lawes, they ought no more to be ta­ken as magistrats, but be examined, ac­cused, condemned, and punished as priuate transgressors. Good­man [...]. 180.184.185. When magi­strats do not their duties, God giueth the sword into the people [...] hand: from [Page 15] [...]e which no person, King, Queene [...] Emperor is exempt; being Idolater [...] must dye the death. These and the [...]ke positions haue been inuented by [...]e zealous professors of our Religion. [...]he same or worse were renewed and [...]ttered by the feruerous reformers that [...]roue for discipline in Queene Eliz. [...]ayes, that (as a worthy prelat writes) Ban­croft. Dāg. po [...]it. p. 65. See this proued l. 2. c. 4.5.6.7.8.9.10.11.12.13. All the Popi [...] traitors that hither­ [...]o haue written, and all the Gene [...]ian & Scottish Reformers come not neere [...]hem for malicious and spiteful taunts, [...]or rayling and bitter tearmes, for dis­ [...]aineful and contemptuous speaches, [...]gainst Prince, Bishops, Counsailors & [...]ll other that stand in their way. Their [...]ecret practises to set vp, by som meane [...]r other, sweete or violent, the said [...]isciplin, haue neuer been interrupted [...]r remitted, as he doth Dang. po [...]it. ibid. l. 3. c. [...]. & seq. Danger. l. 4. c. 6.7.8.9.10. Ibid. c. 11. particular­ [...]y relate, beginning at the yeere 1560. [...]o the yeere 1591. when was practised [...]hat most blasphemous and barbarous [...]reason, of their counterfait Iesus-Christ Hacket, and his two Prophets [...]f mercy and vengeance, who would [...]aue planted the discipline, by depri­uing [Page 16] the Queene, and murthering th [...] nobles that stood against it, of whic [...] the cheefest Pretendents in that refor [...]mation had notice, ibid. c. 13. at loast in confu [...] and in generall, as the said Archbisho [...] affirmeth, and did secre [...]ly conniu [...] thereunto: fauouring no doubt in ha [...] a popular state where Church-do­ctrine and discipline is receaued & re­iected by voices. Igneae na­turae con­cionato [...]s [...]asil. Dor. pag. 41. In which gouern­ment these fiery Ghospellers, as hi [...] Maiesty calleth them, beeing com [...]monly men of sharpe wits, and ready tongues, high minded, and of working spirits might beare great sway, & euery one rule as King and Pope in his pa­rish.

Since that time, these men haue been in shew both for doctrine & pra­ctise more moderate, specially [...]ince his Maiesties happy raigne, and that some of them haue been aduaunced to dignities. Now they are become the forwardest in shew [...]or defence of Alle­giance: they speake most against the Papists that hold Kings to be depo­sable in some cases: They extoll Royall authority aboue the skyes. I can i [...] [Page 17] Charity beleeue that some of them meane as they professe: yet wisedome giues leaue to feare rec [...]nciled emenies. Poison no where lurketh more se­curely then in hony. Their present doctrine carrieth outwardly a shew of friendship to Kings, but [...]o will [...]ooke into the ground, shall finde it dangerous to them, and more perni­cious then the former of Caluin, Good­man, Beza, Knox Buchanan, and others [...]heir predecessors and Maisters. The [...]umme of this their doctrine is con­ [...]eyned in the Treatise intituled God & [...]he King. Dial. p. 31. 32.33.88. The Authour whereof had [...]o reason to tearme himselfe Theodi­ [...]act, that is, Taught of God, seing he spea­ [...]eth diuers thinges that the spirit of God could not suggest vnto him. He [...]ndertaketh the proofe of foure pro­ [...]ositions. The first is, That Kings haue [...]uthority immediately & only from God, the Church and people not being any thing in the [...]uist thereof. This is the fundamentall [...]one, whereon is built the second: [...]hat Kings haue no superior on earth to cha­ [...]ise and punish them. The third is. That [...]either Tyranny, nor Heresy, nor Apostacy can [Page 18] release subiects of their Obediēce. The fourth: That Kings may neither be deposed nor resisted (but by teares and prayers) though they should be so tyrannous & prophane, as to endea­uour to oppresse the whole Church and Com­monwealth at once, and vtterly to extinguish the light of Christian Religion.

Philanax.

These speaches may be disgustfull to Subiects, and sound vncou [...]hly in their [...]ares: but doctrine that doth so magnify Kings, I see not how it may be thought pernicious to them.

Aristobulus.

Kinges are not to regard so much how great and glorious, as how groun­ded be the titles that are bestowed on them: seeing incredible praises giuen to men, do oftentimes abate the cre­dit of their deserued commendation. Some Ghospellers (as a iudicious Pro­testant complaines) attributing to the holy Scripture more then it cā haue, Hooker. Eccl. polit. l. 2. p. 129. the incredibility of that hath caused euen those things which in deede it hath most aboundantly, to be the lesse reuerently esteemed. The same we may [Page 19] [...]are will happen to the authority of Kinges. And the danger of such flat­ [...]ering speculations as this Dialogist [...]each [...]th, is so much the greater to the Soueraigne, whilest they extoll him [...]boue measure to the state of absolute Lord & God vpō earth, as it is hatefull [...]o the subiect to see himself abased to [...]eruile & abhorred [...]ptiuity, & put to [...] more miserable condition, then the [...]ondage of slaues. For slaues (to speak nothing of humane lawes that haue [...]ppointed limits to their miseries) [...]aue some rightes and liberties by the [...]aw of nature inuiolable, which (if [...]hey be able) they may defend by force [...]gainst euen their owne Maisters that shall violently and vniustly inuade [...]hem [...] Such liberty they haue to marry [...]nd propagate humane kind, to enioy [...]ife so longe as they haue done no­ [...]hing worthy of death, but principally [...]o worship God their maker and su­ [...]reme Lord. But this new doctrine of Princely absolute Soueraignty set [...]owne in the Treatise mentioned, [...]akes the Common-wealth so mise­ [...]able, and the people such bondmen to [Page 20] their Prince, that they may not defen [...] their nationall freedomes how iust & necessary soeuer, nor the liberties an [...] rightes that nature hath bequea [...]e [...] euen vpon slaues. But that if th [...] Prince wanton in cruelty, should kee [...] men by force frō marrying, so to bring the Common-wealth to vtter de [...]ola­tion in one age: [...]r if not hauing pati [...]ence to attend that lingring consump [...]tion of the state, he should daily sen [...] mē by multitudes like heards of sheep or oxen to the slaughter; or if (out o [...] a desire his subiects may perish eter­nally) he should seek vtterly to extin­guish the doctrine of saluation within his Realmes: In these cases (I say) o [...] the like, of extreamest necessity and most hostile inuasion, according to th [...] doctrine of this Dialogist, they may not lift vp so much as their finger a­gainst his attempts, nor ioyne with any power vpon earth, that would releeue them.

Philanax.

I see plainly that this doctrine is very odious in it self: and you set it forth to the vttermost.

Aristobulus.
[Page 21]

I say no more then his owne wor­ [...]es import, nor haue described tyrāny [...]ore truly then he hath done in his Dialogue. And I know so well there is [...]o cause to feare the practise of this [...]octrine by his gratious Maiesty, that I would not haue said thus much, but to [...]hew how odiously [...]nemies of Royalty may, and will exagitate this Conclu­ [...]ion, when such discourses shalbe for [...]he aduantage of popularity. Now [...]hey write, and cause Treatises to be [...]ublished by authority, which when [...]ime shall serue, they may vse to make [...]is Maiesty hatefull. By the like stra­ [...]ageme the Puritans of Scotland ouer­ [...]hrew his Maiesti [...]s Mother. Camden. Eliz. p. 111. When [...]hey had barbarously slayne the Kinge [...]er husband, they importunely vrged [...]e [...] (alledging it was necessary for the maintenance of her state and life) to marry with the Earle of Bothwell, [...]oncealing from her that he had been [...]heef actor in the murther. The mar­ [...]iage was no sooner concluded, but [...]hey diuulged the hatefullnes therof [...] [Page 22] thence seeking to persuade the world she had been consenting to her hus­bands death. And so what with defa [...]matory libells abroad, what wit [...] their turbulent declamations at hom [...] they made her odious, they tooke from her the Crown [...] they tossed her frō mi [...]sery to misery, till finally they brough [...] h [...]r to lay her head on the blocke to b [...] cut off by the comon Executioner. [...] hope his Maiesties happy raygne shal [...] neuer see commotion in this state: ye [...] if any such tumult happen (and human things are vncertain) I do not feare to be found a false Prophet in saying, tha [...] this doctrine wil be bitterly exclaime [...] against, and this Treatise I speake of [...] produced to witnes what desperate al­legiance Princes exact: and vrged no [...] only against his Maiesty, but as a caus [...] sufficient to banish Kings out of th [...] Land. The late Lord of Canterbury complaynes, that in his dayes, [...]ancrofe [...]uruey of [...]ol. dis. c. 2.5.7 cantonin [...] of Kingdomes was in many mens mouthes: tha [...] men did talke what a notable thing it is to liu [...] in Venice [...] where euery gentleman liueth wit [...] as great liberty, as the Duke himselfe. Many who now haue Kings and their maie­sti [...]s [Page 23] most frequent in their mouth, still [...]arbor we may feare, the same affecti­ [...]n in their hartes to be freed from thē. Yea some Puritanes of the last Parla­ment in their discontented meetings, were bold to propose the changing of the gouernment of the Realme [...]rom Monarchy into Democracy. Nor may such men [...] that haue been once tayn­ [...]ed with this Con [...]storiall affection, be therfore trusted, because they are content to take vpon them the dignity of Bishops, wherein they may di­ssemble by their owne doctrine, re­tayning it not as a sacred but as a tem­porall office from the Prince, and vs [...] it to set vp the discipline: These couert enemies of Kings want not their Con­federates in France whose mindes and desires Turquet a famous French Prote­stant expresseth in his booke written in commendatiō of Democracy aboue Monarchy; nor in Holland to which [...]his French Democratist Turquet dedi­ [...]ated his aforesayd booke, as to men [...]llready made blessed by this kind of gouernment, and fittest instruments [...]o bring the same into the rest of refor­med [Page 24] Countries. Of these enemies o [...] Monarchy so combined togeather, so neighbouring vpō vs, so subtile as they lye hiddē vnder roche [...]s, & corner caps in the shape of Bishops and their adhe­rents, we haue more need to take heed then of the Pope, who is further off, his cause not popular, his party not like to preuaile by force & his followers ra­ther ready to dye, then they wil dissēble their Religion, as these others do.

Philanax.

I perceaue by your discourse that more treachery against Kings may be couched in these plausible discourses then I could euer haue imagined. The Troians were not wise that trusted the guifts of the Grecians, nor can I thinke it policy to rest secure of the bookes or writings which those that once were Puritans publish to flatter the state or the Prince, pretending affecti­on to soueraignty which their Religi­on doth so mightily and so intrinsecal­ly oppugne. I feare that as within the Troian horse armed enemies lurked, so vnder this new deuised allegiance [Page 25] [...]aytors lye hidden: who when they [...]e their time wil shew themselues like [...]o many firebrands, to incense the [...]eople against Kings, that challenge [...]uch infinite and hatefull authority.

Aristobulus.

You feare not without cause, yf you [...]onsider that by this deuise the authors [...]herof who would [...]ule themselues a­ [...]one, do nothing but practise the Ma­ [...]hiauilian meanes to attayn therunto. Diuide & r [...]g [...]a.. They seek to seperate the King from [...]hose, whose loue may stand him in most steed. The foure propositions be­ [...]ore set downe make him enter into o­ [...]ious competency with foure Aduer­ [...]aries. The first breeds him a quarrell with the Common wealth, from whom he will not haue his power de­ [...]iued. The second puts him into con­ [...]ention with the Church, to whose [...]irection and censures he wil not haue [...]is Crowne subordinate. The third [...]rings him into hatred of mankind, by [...]hallenging an irresistable power to [...]yranize vpon man at his pleasure. The [...]ourth conteynes an open [...]trife with [Page 26] God for precedence, requiring of th [...] Common weal [...]h, in case they canno [...] enioy both, that they be content t [...] want rather God then their King. An [...] these quarrells are moued vpon weak [...] titles and claymes, grounded on do­ctrines either vncertayne or apparant­ly false, and so odious as were the [...] true, yet were it not fit to discuss [...] them in vulgar Treatises.

Philanax.

I see these doctrines are odious, an [...] I nothing doubt but they are likewis [...] vngrounded: yet I desire that you wi [...] seuerally shew both these things in e­uery one of the foure propositions, tha [...] I may be better instructed to discoue [...] the treacherous entendments of thes [...] counterfeit friendes of Maiesty.

Aristobulus.

I will do my endeauour to satisfy your request. First, I will examine the foure aforesaid Propositions, which done I meane to speake a word con­cerning the Oath, which Theodidact buildeth vpon them, as vpon foure [Page 27] [...]llers. And to beginne with the first, [...]at the king hath power from God only, inde­ [...]endently of the Common wealth, [...]ecause this is the ground of all his di­ [...]course, and of the other three I will [...]ore fully shew the vnsoundnes there­ [...]f, that the world may see, that Theodi­ [...]ct, as either a most vnkillfull Archi­ [...]ect that layes so weake a principle of [...]he building he p [...]e [...]eds to raise to the [...]kye; or a subtill Arch-traytor pur­ [...]osely placing the Soueraignty of Kings, which he desires may fall vpon [...] most ruinous foundation.

Three be the wayes, by the which [...]en come to be Kings: popular electi­ [...]n: lawfull conquest; Gods personall [...]ppointment sp [...]cially reuealed. I say [...]pecially reuealed, for I nothing doubt [...]ut Kings by the two other titles be made by Gods speciall prouidence. The title of election depends on mens [...]artes. The title of Conquest vpon [...]attailes, which are two things most [...]ncertaine, and their successe only in Gods hand, who bestoweth popular [...]auour and victory in warre on whom [...]e will. For this re [...]son it is sayd that, [Page 28] Kings raign by him; Prouerb. 8. that he placeth thē in their throne; Iob 36. ruleth in the Kingdome of men; Daniel 4. giueth it to whome soeuer he please, not that h [...] maketh Monarches without secōdary causes; but because these secondary causes worke not, but by the speciall direction of his hand [...] Wherefore the titles of Election and Conquest be spe [...]cially from God, though not only & immediatly from him, as is the third clayme, when God by speciall reuela­tion declares his will to haue some cer­tayne person King, as he did Saul and Dauid,

Philanax.

You omit Succession, which is a clayme to the Crowne.

Aristobulus.

Succession in bloud is not a prim [...] and originall title, but a meanes to de­riue to posterity these three fornamed claymes from Auncestors that first en­ioyed them; none of which titles do sufficiently institute a person King [...] without the consent of common­wealth. When a King is made by ele­ [...]ion [Page 29] the case is cleere; but the Con­ [...]ueror seemes to come to the crowne [...]gainst the Commonwealths will. In [...]eed the right of Conqueror he may [...]aue, will they nil they; yet Royall [...]uthority ouer them he cannot haue [...]ithout their graunt. The right of [...]awfull Conquest binds the state con­ [...]uered to make the conquerour their King vpon iust conditions which he [...]ay prescribe heauy or hard according [...]o the quantity of their offence. Yf [...]hey refuse to yield, he hath the right [...]f the sword to force them, not the [...]ight of Prince to gouerne them, till [...]hey consent. This consent being [...]ielded, then there begins a new So­ [...]iety and Commonwealth compacted [...]f [...]onquerors and the people con­ [...]uered, and the Prince of the conque­ [...]ing side becomes Kinge to gouerne [...]hem both according to the lawes and [...]onditions agreed vpon: which condi­ [...]ons if he neglect, he is no lesse sub­ [...]ct and corrigible by the Common­ [...]ealth, then Kings made by ele­ [...]tion.

When God personally appoints [Page 30] any one to be Kinge, as he did Saul, & Dauid, neither then haue Kings pow [...]er immediatly, and only from God God is sayd to haue made Saul, an [...] Dauid Kings, because he eternall [...] decreed they should be Kings, in du [...] tyme reuealed this his will, gaue com [...]maundment to his people, and effectu [...]ally stirred vp t [...]ir hartes to mak [...] them Kings. These are remote title [...] and a farre of: but it can neuer be pro­ued that in making Saul and Daui [...] Kings, the peoples graunt did no [...] concur with Gods, yea the Scriptur [...] signifies that it did, saying, 1. Reg. 11.25 all the peopl [...] went to Galgala and made Saul King before th [...] Lord. The elders of Iudath and Israel annointe [...] Dauid King ouer them. 2. Reg. 5.

Philanax.

Some say, Dial. p. 44 the people made Saul an [...] Dauid Kings, not by giuing them Kingly power this was from God only; but by manifestin [...] that they were Kings, by approuing them [...] Kings made by God, by putting them into th [...] possession of their Kingdomes to exercise rega [...] authority.

Aristobulus.
[Page 31]

I know that Theodidact answereth [...] this sorte, but proof of his sayings [...] bringeth none. Doth he thinke the [...]llar of Soueraignity stands firme in­ [...]gh vpon his bare word? What if one [...]y, that the people did likewise con­ [...]r with God to make them Kings, [...]n Theodidact thinke you cleerly con­ [...]te him? Verily this concourse of God [...]d people to make a King is insinua­ [...]d in Deuteronomy, Deut. 17. Thou shalt make him [...]ing whom thy Lord God hath chosen for thee, [...]gnifying that God designed the per­ [...]n, but the people made him King [...] bestowing authority on him. And [...]ing God vseth not to do things on­ [...] by himselfe when secondary agents [...] present sufficient to worke them; [...]y may we not thinke that God ha­ [...]ng designed the persons of Saul and [...]uid, left the making them Kings to [...]e people of the Iewes, who had no [...]se power then other free Common­ [...]althes to constitute for themselues [...]uernours and Kings?

Heere you may see in what danger [Page 32] to fall, regall supremacy is, which Th [...]odidact buildeth vpon this discour [...] Saul and Dauid had power only an [...] immediatly from God, therfore th [...] same is to be beleeued of other Kings [...] The antecedent is vncertaine, and ca [...] neuer be proued, as hath beene sayd [...] but much more seely is the cōsequen [...] which extendeth Gods speciall f [...]uours shewed to his people in th [...] choice of their Kings, to the generali [...] of Kings and Nations. God fed h [...] people in the des [...]rt with bread ma [...] by the hands of Angells; may we thē [...] inferre that men haue no bread b [...] cōmeth immediatly from heauen?

But (to omit these Kings that wer [...] by Gods expresse comission personall [...] designed) that other Kings haue pow [...] ōly frō God, is a paradox which scar [...] any Christian Deuine houldes. C [...]tholicks, Puritans, forraine Prot [...]stants, euen our English Conform [...]tants, deriue regall authority from th [...] Commonwealth. Let the truth b [...] tryed by the testimony of two. Can [...]ame any grauer Authors in o [...] Church then Doctor Bilson late Bisho [...] [Page 33] [...]f VVinchester & M. Hooker? The first in [...]is Trea [...]ise of Christian Subiection [...]ebateth this question, The true difference &c. p. 421. and defineth [...]hat Kings are not only creatures of [...]he Commonwealth, but also in some [...]ases, may be deposed by the supreame [...]urisdiction thereof. And that Chilperick was iustly deposed by his Nobles, and [...]ipin chosen King in his place. M. Hooker [...]ath these wordes. l. 1. Eccles. polit. p. 72. all publick regiment [...] what kinde soeuer seemeth euidently to haue [...]sen from deliberate aduise, and consultation, [...]nd composition betwene men ordeyning the [...]me, and yeilding themselues subiect therevnto, [...]ithout which consent there were no reason [...]a [...] one man should take vpon him to be Lord or [...]udge ouer others. And againe: Ibid. To Fathers [...]aith he) within their priuate [...]amilies na­ [...]re hath giuen supreme power: howbeit ouer [...] whole grande multitude, hauing no such de­ [...]ndency vpon any one, and consisting of many [...]milies, impossible it is that any one shold haue [...]mplete and full power, without consent of [...]n. He graunteth indeed that some [...]ings and law-make [...]s as Moyses, Saul, [...]uid were aut [...]orized by God, and by [...]resse commission immediatly and personally [...]aued [...]rō him, ou [...] of this case (saith he) [Page 34] the power of gouernment and making lawes [...] commaund whole politik societies of men, be [...]longeth so properly vnto the same entire socie [...]ties, that for any Prince or Potentate vpon ear [...] of what kind [...] soeuer, to exercise the same [...] himselfe, not by authority deriued at the fir [...] from their consent vpon whose persons they im [...]pose lawes, it is no better then meere tyranny [...] Thus he writeth, and thus our own Authors ouerthr [...]w Theodidacts new piller of Soueraigntie, proclaymin [...] those Princes playne tyrāts that claym [...] power deriued from God and natur [...] and not originally from the grau [...] and cōsent of their subiects. For whic [...] their opinions reasons may be brough [...] very vrgent. The practise of all Cou [...]tryes that haue trāsferred the Crown [...] from family to family haue restrayne [...] and enlarged the boundes thereof b [...] politick lawes. What reason, if we r [...]spect only the law of God and natur [...] why Spaine shold be gouerned by a M [...]narch, rather then Venice? That i [...] England women may succeede to th [...] Crowne, frō which they are exclude [...] in France? That in Scotland the Crown [...] descendeth to the neerest in bl [...]ud, a [...] [Page 35] [...] Poland the Kinge is made by the free [...]oice of States? Victor. re­lect. 3. d [...] pot [...]st. ciui­li. Mol. d [...] iure & in­stit. tom. 1 [...] trac. 2. d. 120. What is the reason [...]at by the law of nations the whole Commonwealth may be punished & [...]rought into bondage for the sinnes [...]f their Prince? Why shold the Princes [...]ymes be imputed to them, if it were [...] their choice, neither at the first to [...]aue him, nor afterward to want him? [...]ithout question [...]he generall voice [...]f h [...]mane kind is, that Common­ [...]ealthes haue power to make Princes, [...]nd vpon iust reason vnmake them: [...]nd therfore they are accountable to [...]her neighbouring States, if they ad­ [...]it one to the Crowne with their in­ [...]ry, or finding him incorrigible do [...]ot remoue him. Whence ariseth that [...]onge inclination in subiects to fight [...]r their Prince, to wit from loue, to [...]stify their owne doings & the States [...]blick iudgment of their Princes [...]orthines.

Philanax.

It cannot be well denyed but the [...]nsent of the Commonwealth either [...]e or enforced by Conquest, concur­ [...]eth [Page 36] to the making of the Prince, but Theodidact sayth, that is, not the origi­nall and mediate fountaine o [...] this authority [...] Heate, moisture, colde, and our temper arising from them, are preparations whereby our bo­dies are made fit receptacles for the soule, but the Creator o [...] our soule is God: so Princes haue their claymes and ti [...]les by election or conquest, but the prime Author of their power is God, & as they receaue their power only from God, s [...] for the good or euill administration thereof they are accountable only to God.

Aristobulus.

This discourse of Theodidact groun­deth Royall authority vpon another vncertainty, which Deuines debate i [...] their schooles: whether royall powe [...] be produced by the Commonwealt [...] whē Kinges are made, or being create [...] by God together with mankind fro [...] the b [...]ginning, is communicated b [...] the Commonwealth to their King [...] Some say, Molin [...] to. 1. de iure tract. 2. disp. 26. Driedo de libert. l. 1. c. 15. that the Commonweal [...]h making Kinges, produceth a new kin [...] of power which before was not whence they inferre that the Commō [...]wealth hath a more eminent authorit [...] [Page 37] [...]hen the Kinge, as being able to giue [...]eing to his power: others, whom [...] rather approue, teach that regall au­ [...]hority was created imediatly of God [...]ogether with mans nature, Victor? relect. de potest. ciui­li. n. 8. & Couarr. de practicis quaest. c. 1. n. 6. and is for­ [...]ally in euery absolute and free state: [...]hich state when they choose for thē ­ [...]lues a Kinge, doth not produce a new [...]ind of power which was not before, [...]ut the royall Soueraignty which God [...]reated and bestowed vpon them, they [...]ansferre from himselues to the per­ [...]n elected, by which coniunction of [...]e Commonwealths power, with [...]s person, he is created King. In the [...]ke manner parents produce children, [...]t by producing the soule which is [...] God only, but by conioyuing the [...]ule created of God to the bodie pre­ [...]red and de [...]igned by generation [...]erunto. True then is the saying of [...] Paul: Omnis potestas à Deo est: All power is [...] God, and only imediatly f [...]ō God: Rom. 13.2. [...] ioyned with particuler persons, [...] without the mediation of man. [...]ence, saith Tertullian, cited by this [...]eatiser, Kings haue their power whence [...]r spirit, Pag. 46. both created by God only, [Page 38] but as the spirit is not infused into th [...] bodie without the concourse of Pa [...]rents, so neither is Royall powe [...] vnited with this or that person, bu [...] by the consent of their Country. Yo [...] see that euen in this opinion Kings ar [...] no lesse beholding to the Common [...]wealth for their authority, then Chil [...]dren to their Parents for their soules, [...] whose being parents concurre, onl [...] designing the matter, and making th [...] same a fit receptacle for their soule [...] Vayne then is Theodidacts subtil [...]y [...] make Kings beholding to God onl [...] and no lesse vayne is his speculatiō [...] proue their exemption from men. Kin [...] (saith he) as they receaue their power [...]ro [...] God ōly, so [...]or the good or euil administratiō th [...]reof, they are accountable only to God. Who se [...] not the weaknes of this inferēce, thou [...] the antecedent were true? The soule [...] men is of God only, yet for wordes [...] deedes proceeding from the same, m [...] are accountable to mor [...]al Superiou [...] The power of Father ouer his child [...] the power of husband ouer his w [...] is of God only; yet for the administr [...]tion therof they may be called to a [...]unt [Page 39] by the Commonwealth, yea [...]s authority which God hath giuen [...]em, when they tyranize ouer wife [...]d children, the Commonwealth [...]ay restrayne, or vtterly take from [...]em. To conclude, and summe vp [...]is whole discourse in few wordes. [...]hat Saul or Dauid, or any King had [...]wer only from God, is at the least [...] vncertainty, thence to infer the [...]e of al Kings is a meer vanity That [...] Kings haue power from God only, [...]th no probability. Graunt all: yet [...]ueraignty cannot out of these prin­ [...]les be concluded, seeing some [...]wer only from God may be subor­ [...]ate to superiors on earth. Theodida­ [...] [...] did he not desire that royal Soue­ [...]gnty should fall, would he (thinke [...]) striue so earnestly to haue the [...] builded on this heape of sand.

Philanax.

Doth not this doctrine, that [...]nces are made by the consent of the [...]monwealth, impare the Maie­ [...] [...]f Kings, and the reuerence and [...]ration due thereunto?

A [...]istobulus.
[Page 40]

No: but rather increase the sam [...] more then the contrary conceipt. Fo [...] if men be made to the image and like­nes of God, sonnes of God, and God on earth, principally in respect of th [...] soueraignty they haue to rule themsel [...]ues and other Creatures, when this di [...]uine Maiesty of nature is wholy trans [...]ferred from the Communalty to on [...] person; how sacred & venerable ma [...] he be thought, as in the beginning o [...] the world, the waters that were vn [...]der the Heauens gathering into on [...] place, made this vast ocean we see; s [...] the heauenly guift of Soueraignty d [...]ffused in euery free and absolute state when they by common consent em [...]tying & exhausting themselues, d [...]riue the same to one person, b [...]comes a fountaine or rather a may [...] sea of Maiesty and power; which [...] humane in regard of the person [...] which it is, & the manner it com [...] vnto him: but diuine, if we looke [...] the spring whence it originally a [...] immediatly floweth. To which pu [...]ose [Page 41] the Poet singeth not amisse

— Terrae Dominos, pelagique futuros
[...]menso decuit rer [...]m de Principe nasci.
Philanax.

I am satisfied, & see plainely that his immediate receauing power frō God only, is but an empty title with­ [...]ut substance, which his Maiesty will [...]ot regard, being [...]ll of true glory. [...]lexander was not wise in his vaine am­ [...]ition to be thought Iupiters sonne, [...]hereby he lost their hartes that had [...]ost helped him to the Monarchy of [...]he earth.

Aristobulus.

The conceipt is not only idle & [...]mpty, but also may preiudice Kings. As Hercules choaked the giant by hol­ [...]ing him aloft in the ayre, whom by [...]hrowing against the ground he could [...]ot ouercome: so the enemies of Kings whome by their doctrine, that depre­ [...]sed them vnder the feete of common [...]eople, they could not make way [...]ith flattering subiectes, they lift to [...]he skyes that they may more dange­rously [Page 42] fall. For such conceipts by rai­sing Kings beyond measure aboue t [...] heades of their subiects, remoue the [...] much further frō their hearts, whic [...] are (whatsoeuer flatterers say) the im [...]diate foūtaine of their greatnes, & th [...] only seat of security they may tru [...] vnto. Such Monarches as though [...] themselues sure, being feared, thoug [...] they were also ha [...]d, haue left behin [...] them lamentable documents, tha [...] they were deceaued: and that the say [...]ing of a prudent historian is most tru [...] Nullum stabile regnum nis [...] beneuolentia muni [...]tum, AEmilius Probus in Dione. No King can long raigne who i [...] not walled in and guarded about wit [...] the Loue of his subiects. Mans lou [...] with ease descendes to persons vnde [...] him either by naturall descent whic [...] is the cause they loue so deerly thei [...] Children, or by voluntary subiection which is the reason we loue them tha [...] do freely deuote them [...]elues to ou [...] seruice. Neither did God in the trea [...]sure of his infinite wisdome find any better meanes to wynne mans a [...]ffection then to descend both to re [...]cea [...]e life and being from man, glory [...]g [Page 43] to be stiled the sonne of man, and af­ [...]ward to liue as an humble seruant [...] man, performing the greatest ser­ [...]ce of Charity, to dye for him. It [...]nnot be thought how louely to man [...]aiesty is, that professeth to come of [...]s stocke, and to be wholy consecra­ [...]d to his loue: you may by this ghesse [...]ow pernicious this new doctrine is, [...]at dryeth vp thes [...] two fountaines, [...] peoples affection towards their [...]rince, by making him skorne to be [...]ought (though S. Peter so tearmes [...]m) the creature of man, much lesse [...]eir seruant, rather then absolute [...]ord that may dispose of their liues & [...]uings at this will.

Contrary to this was the iudgmēt [...]f all the worthiest and best Roman [...]mperors that raigned happily and [...]ed quietly in their bedds. They did [...]ost willingly acknowledge the Em­ [...]ire to be the guift of the people and [...]enate: they were much more carefull [...]f their Subiects good, then of their [...]wne, yea they seemed not to regarde [...]easons against their persons that [...]ere not ioyned with other publicke [Page 44] d [...]triment. Amongst the [...]e, Traian i [...] eminēt, who being chosen Emperou [...] straight in the hands of the Consul [...] swore allegiance & fealty to the com [...]monwealth: Plinius in panegir. Trai [...]n. Dio in Traiano. and when he made th [...] Pretor to gouerne in his name accor­ding to the ceremony, deliuering the naked sword, sayd to him: Vse this sword for me if I gouerne iustly, i [...] otherwise vse it a­gainst me. By wh [...]ch resignation both of state and life, into the Common­wealthes hands, he more secured them both, then any enforced Oath, that he held the Crowne from God only, could haue done.

Philanax.

You haue shewed the first propo­sition of Theodidact to be neyther a solid ground of soueraignty, nor a doctrin apt to nourish in subiects minds, affec­tion to their Kings. I desire you wold passe to the examination of the second: that Kings haue no Superior that may call him to account, or pun [...]sh him, but God alone.

Aristobulus.

Heere Theodidact goeth forward in building the soueraignty of Kings [Page 45] [...]ither vpon manifest falshood, or tot­ [...]ering vncertaineties. That the King [...]ath no superior, but God alone, that [...]ay punish him, all learned men ge­ [...]erally, Papists, Puritans, Pro [...]estants [...]eny.

Philanax.

I do much wonder that you say Protestants [...]each, th [...]t the Kinge may [...]e sentenced and punished by any man [...]pon earth. I thinke you meane Puri­ [...]ans, not our Protestants that pro­ [...]esse to follow the Religion established [...]y Parlament.

Aristobulus.

I meane Protestants that are ene­ [...]ies of Puritans, and conformable to [...]he state: and to increase your won­dring I add, that howsoeuer the word Supreme Gouernour, and Head of the Church go currant in England, yet in [...]ense our Deuines giue our Kinge no greater authority in causes Ecclesiasti­call then Papists do. I desire not to be [...]eleeued vnlesse I make what I haue [...]ayd, euident by the testimonies of [Page 46] them, that haue lately written abo [...] this argument.

First concerning the ver [...] title, they say, the King hath no any spirituall Ecclesiasticall power a [...] a [...]l, Confut. p. 3. & 36. Respons. pro Tor­tura Torti. p. 239. Tompson in elench. refut [...] p. 51. his power (sayth doctor Morton, no [...] Bishop of Chester) is but corporall, and ca [...] go no [...]urther then the body. He hath (sayt [...] M. Burhill) no iurisdiction in the Church ey [...]ther [...]or the inward o [...] outward Court: his powe [...] is meere temporall and laicall, nor in it sel [...] spirituall, though the matter and obiect there [...] be spirituall: such power, and no greater, sayt [...] M. Richard Tomson, then Iewes, Infidel [...] and Turkes haue ouer the Christian Churc [...] within their dominions.

Secondly concerning Controuer­sies of fayth, the Deane of Lichfiel [...] doctor Tooker disclaymeth as an im [...]pudent slaunder, that the Church o [...] England holdes, Duel. cōtra Becan. p. 3. the King to be their prima [...] or head, or iudge of Controuersies about fait [...] and Religion. To the Apostles Christ gaue powe [...] to gather Councells, and to define solemnly th [...] Churches doubts. Concord. Angl. p. 43. The sentence of Councell (sayth M. Richard Harris) hath without th [...] King the force of an ecclesiasticall law: Ibid. the King addes thereunto corporall penalty. M. Morton [Page 47] [...]yth, that Imperiall and Kingly authority in [...]irituall causes, reacheth no further, then as it [...]longeth to outward preseruation, not to the [...]ersonall administration of them, neyther doth [...]e King challenge, nor subiects condescend vnto [...]ore. Barlow in his answere to a name­lesse Catho­like p [...] 171. But most cleerly M. Barlow late [...]ishop of Lincoln [...]. The King (sayth he) in [...]ontrouersies about fayth, hath not iu­ [...]icium definitium, sentence d [...]finitiue, to [...]scerne what is sound in [...]inity: but when the [...]hurch hath determined matters of fayth, he [...]ath iudicium executiuum, sentence exe­ [...]utiue, to commaund the professing therof [...]ithin his Kingdomes.

And is not this the very doctrine [...]f Papists, Suruey of the holy Discipl. p. 254. and that doctrine which [...]rmerly our Arch-bishop Bancro [...]t re­ [...]ected with great scorne, as disgrace­ [...]ull to Kings, making them, but Car­ [...]fices Ecclesiae, the executioners of the Churches will and pleasure? Tortura Torti. p. 151.

Thirdly concerning the offices of [...]his power, they teach, Tooker Duel. p. 15. Tomson [...]lench. p. 83. the King hath no [...]ower to vse any censure, or to cast any out of [...]he Church by sentence, but his office is to punish [...]hem with corporall chastisement, on whom Bi­shops haue laid their censures. The King doth [...]ot make or vnmake Bishops, they are made by [Page 48] the Bishops of the Kingdone, as by them they a [...] desposed and vnmade. Took [...]r Duell. p. [...]6 The King hath right t [...] name and present persons to benefices, as other lay men of lower conditiō haue, but benefices ei [...]ther with cure or without cure, great or little, he neither doth, nor euer did bestow, much lesse the ecclesiasticall dignities, as the Bishopricks & Arch-Bishopricks of his Kingdome. Answere to a name­less. p. 172.

Fourthly, concerning the Kings sudordination to Bishops, Doctor Bar­low highly commendeth the saying of Ambrose: Duell. pag. 311. Bishops (in matters concerning faith) are to iudge of Emperors, not Emperors of Bishops. Quod Ambrosio licuit in Theodo­siū, idem & alijs in Regem simili de causa li­ceat. Bur­hill. ibid. 139. The Deane of Lich [...]eild saith, that, the King is, and with Valentinian Empe­ror doth acknowledge himselfe the sonne and p [...] ­pill of the Church, and the scholler of the Bishops. What more do papists require? Can he then iudg & teach his Fathers, Iudges and Maisters in those thinges where­in he is their sonne, pupill, and scholler? Finally M. Burhill saith, Theodor. l. 9. Histor. c. 30. Ruffin. l. 12. c. 18. Niceph. l. 12. c. 41. that the King sup [...]eme gouernour of the Church may by his Bishops be cast out of the Church, VVhat Ambrose did lawfully to Theodosius, our Bishops may do lawfully to the King [...]or the like offence. And what did Ambrose to The­odosius? He cast him by sentence out [Page 49] of the Church: he stood ready to keepe him out by force, and called him Ty­ [...]ant [...]o his face: he forced him to e­ [...]act a temporall law concerning the [...]xecution of the sentence in matter of [...]ife and death: he commanded him out of the quire or the place of Priests, sent him into the body of the Church to pray with laymen. And may the Bishop of Canterb [...]y lay the same punishments on his M [...]iesty? Tortur. Tort. p [...] 15 [...] Suruey of holy Disc. p. 254. yea (saith the Bishop of Ely) perchaunce the Pope may excōmunicate the Kinge, & depriue him of the common goods of the Church.

Doe you see to how many censures, Reges n [...] nisi à Papa excōmu­nicantur & cēsuris ligantur. Emman. Saa, verb. Excomm. 15. Enri­quez l. 1 [...]. de ex [...]om. c. 14. Sayr. in Thesau. l. 1. c. 9. n. 7 Protestants make the King subiect? Truly I see not how any Religiō doth or can make Kings more absolute, and subiect to fewer Superiors, then Papists doe, The Puritan will haue them subiect to the Pastor of euery parishe that hath a Consistory, as our Bishop Bancro [...]t sayth They banish one Pope and admit a thousand. The Protestant makes them obnoxius to the censure of Bishops without any restraynt, wheras the Romanists out of respect to the Maiesty of Kings, re­serue the power of censuring them [...]o [Page 50] the supreame Pastor.

But to returne to Theodidact: you se [...] he keepeth his custome to ground al [...]legiance due to Kings, vpon do [...]ctrines eyther questionable, or [...] denyed of all sides; his second propo [...]sition, that the Kinge is free from al [...] punishment that mā may inflict, bein [...] rather more vncertaine, then hi [...] first, that Kings h [...]e their power only fro [...] God.

Philanax.

It seemeth by your discourse, tha [...] Theodidact makes Kinges more absolu [...] then other Protestants doe, & teacheth against them, that the King may no [...] be excommunicated, or cast out of th [...] Church. For he sayth, that the Kinge i [...] free from all punishment that man can inflict & excommunication without doubt is a great punishment: Ministers with [...]out question, are men.

Aristobulus.

It is hard to say, what Theodida [...] holdes: this his ground of Soueraignty [...] The Kinge hath no superiour but God alone, i [...] [Page 51] [...]lippery and vncertayne, that he dares not stand vpon it himself. For els­where contradicting this principle, he [...]aith in playne termes, that, Pag. 58. Kings that [...]aue giuē their names vnto Christ are sheepe of [...]is fold, Pag. 56. & so are to obey their spirituall pastors [...]auing ouersight ouer them: that they are to be [...]bedient vnto their spirituall Pastors, as Em­ [...]assadors from Christ: Pag. 57. th [...]t [...] Kings and Bishops [...]e mutually Pastors, and Superiors one to the [...]ther. Yf Bishops be ouerseers, Pastors, Superiors to the King, how is it true, [...]hat the King hath no superiour but God alone? Yf nothing be more excellent, no­ [...]hing more sublime then a Bishop, as our Theodidact, De dignit [...] sacer. c. 3. approuing S. Ambrose his [...]aying, teacheth, [...]o wit in spirituall [...]nd Ecclesiasticall causes, which to ad [...]minister they are sent; Pag. 60. how can a King [...]e more excellent then a Bishop in [...]hose causes? Is it possible that the same man should be superior and subiect to [...]he same persons in respect of the same Court? I confesse I cannot vnderstand this diuinity, that subiects may iudg [...]heir Superiors, euen in those causes, wherin they are subordinate to them. That, the Kinge supreme Gouernour of the [Page 52] Church, may be sententially summoned, arrai [...]gned, and cast out of the Church by a Bishop [...] Yf soueraigne Princes may be iudge [...] by their subiects in those causes wher­in they are supreme and independant what doth their supremacy auaile thē [...] Yf supreme gouernors of the Churc [...] may be cast out of the Church, by thei [...] Bishops that ar [...] their spirituall sub­iects; what solid reason can Theodidac [...] assigne why Soueraignes may not like [...]wise be cast out of their Kingdome by their Barons and Peeres, thoug [...] they be their vassalls?

Philanax.

I could wish our Authors, concer­ning the Kings supremacy, spake mor [...] coherently, yet seeing this proposition the King hath no superior but Go [...] alone, doth so much extoll the Soue [...]raignty of Kings, I can not be brough [...] to forsake Theodidact herein, except b [...] the confutation of his reasons I per­ceaue this pillar of Maiestye to be vn­certayne, and vnsound.

Aristobulus.
[Page 53]

Small reading and skill in Scri­ [...]ture is suffici [...]nt to shew, that Theo­didacts arguments against Papists be not so conuincing as we may securely ground the authority of Kinges ther­ [...]pon. For either th [...] make nothing to the purpose, or els proue what Pa­pists do not deny, that the King is su­preme in temporalls.

His mayn [...] [...]round and principle is, that in the old Testament Priests were not superior to Kings, but rather that Kings were their Iudges: Could he haue assumed a doctrine more vn­certaine, or rather more false, then is this? l. 2. contra Apionem. A doctrine against the learnedst of the Iewes. Iosephus saith, that to their Priests not to Kings was committed the custody of the Law, and the charge of greatest affaires: so that they were ouerseers of all, Iudges of controuersies, and punisher of offenders. Philo De legat. sua ad Caiū. quāto Deus antestat homini, tā ­to pontifi­catus reg­no exce [...] ­lentior. writeth that Priestly dignity is preferred be­fore royall, by the Iewes, who iudge Priesthood by so much the more excellent then Royalty, by [Page 54] how much God surpasseth man. With whom [...] agree the Chri [...]tian Fathers, namely S. Chrysostome, auerring, Homil [...] 4. super verb. Isa. vidi dominum. that God woul [...] haue Kings submit their heads to the hands of Priests, that men might vnderstand that Priest [...] are more worthy Princes, and more venerable then are Kings. Yea the word of God se [...] ­meth [...]o distinguish the office of high Priest, from the office of King, 4. Reg. c. 22. assig­ning to the high Priest the care of things that pertayne to God, to the Kinge the ch [...]rge of temporall affayres. Deut. 17.12 Qui autē superbie­rit, nolens obedire imp [...]rio, morietur homo. And who (conuersant in the old Testament) knoweth not, that to the high Pri [...] was giuen the supreme and last power to decide all controuersies about the law? VVhosoeuer shalbe proude and refuse to obey the sentence of the Priest, let that man dye the death.

Philanax.

These testimony of the Fathers and Scriptures seeme very vrgent: But hath not Theodidact made some answere to them?

Aristobulus.

No: nor brought any proof of his opinion, besides the bare example of [Page 55] [...]alomon, Dial. p. 48. that deposed Abiathar the high Priest [...]nd placed Sadocke in his roome [...] But first be [...]roues not that Salomon deposed Abia­ [...]har lawfully, that therein he exceeded [...]ot the boundes of his authority. The deeds of Kings be not euer iustifiable, [...]or was Salomon such a Saint, that we may thinke all his actiōs praise worthy without further proof. Secondly he proueth not that Salomon deposed Abia­ [...]har by the ordinary power of King. Papists say, Sand. l. 2. v fib. Mon. c. 3. Salomon did in that action proceed not as King, Stapleton. prin [...]. doct. l. 3. c 3. but as Prophet. Bell. l. de conc. 20. Dial. p. 49. Which answere Theodidact doth not confute, but misvnderstand, as though they me [...]nt that Salomon was therfore a Prophet, because he fulfilled what God had foretould against the house of Heli, which he reiecteth with a iest, that so Herod might be tearmed a Prophet in murthe­ring the Innocents, because therin he [...]ulfilled, what God by Ieremie had foretolde. Act. 1. v. 14. But the Papists be not so absurde as to say that whosoeuer fulfilleth a prophecy, is a Prophet, nor that Iudas in betraying his Maister, and hanging himself was a Prophet, though therin he fulfilled prophecies. They say that God, to the [Page 56] end that what he had threatned a [...]gainst the house of Heli, might come t [...] passe, he gaue to Salomon propheticall & extraordinary Commission to depos [...] Abi [...]thar high Priest of the stock of Hel [...] Salomons royall authority not bein [...] sufficie [...] for the lawfull performanc [...] thereof. Which doctrine is so solid [...] that Theodidact, not being able to ouer [...]throw it by argument, thought goo [...] to make it ridiculous by mistaking it [...] Finally though we graunt that Salo [...]mon deposed Abiathar, and by Kingly authority; the most that may be thenc [...] in [...]erred is, that Salomon was suprem [...] in temporall affaires, and might pu [...]nish Priests in case of Treason. Whic [...] notwithstanding in things pertayning t [...] God, Princes might be subiect to th [...] high-Priest, & for spiritual crimes ten [...]ding to the ouerthrow of Religion [...] might be deposed.

And in my opinion it is want o [...] iudgment in them that would b [...] thought friends to Kings, to stir th [...] stories of the old Testamēt, which, for one high Priest desposed by a King witho [...]t cleere approbation of the [Page 57] [...]act, yeeldeth two soueraigne Princes deposed by the high Priest, and their deposition warranted by the holy Ghost. 2. King. 11. Did not Iehoida high-Priest de­pose Athalia Queene, pronounce sen­tence of death vpon her, and in [...]er roome make Ioas King? 2. Chron. 26. Did not Aza­rias high-Priest cast King Ozias out of the Temple? depriue him of gouern­ment for his presu [...]ptuous vsurping the Priestly office, to offer inc [...]n [...]e to the Lord? What needed Theodidact to prouoke Papists to bring forth these examples for the Popes authority two for one, and such as he to aunswere thē is driuen to very hard shift [...]? What he saith concerning Athalia, Dial. 53. that she was not lawfull Queene but an vsurper, he neither proueth, nor is it very proba [...]ble. 2 [...] King. [...]1. Inuasor fit legitimus Princeps, si successu temporis populus consentiat & admit­tat talem. Suarez. de leg. l. 3 c. 4. She came blodily & vniustly to the Crown, but this doth not cōuince that she was not afterward righful Queen. They who themselues, or whose aun­cestors come to the Crowne vniustly, be made Lawfull Princs, when they are freely admitted by the state with­out debatable contradiction, though perchaunce some may suruiue, that in [Page 58] the sight of God hath better right of bloud. And no doubt can be made, but Athalia was admitted with generall consent for six yeeres, when Ioas lay hidden, none standing in open compe­tency against her: That this co [...]sent was not free but inforced, can nei­ther be proued nor cleerly confuted. So Theodidacts solution is grounded vpon vncertanity.

But his answere to the second in­stance about Ozias, Pag. 50 51. that the high-Priest did not cast him out of the Temple by force, but caused him to depart by word and admonition only, is much more insufficient, and hardly can it agree with the text of Scripture, which sayth that to hinder Ozias from burning incense, there en­tred into the Temple togeather with Azarias fourescore Priests, [...]. Chron. 26.27. viri fortissimi, stout and valiant men, signifying they went with resolution to vse force and to cast him out (sayth S. Chrysostom [...] not as King but as a fugitue and vngratious seruant. They warned him to desist and to de­part, Chry. hom. 5. de verb. Isa. vidi Dominū. whose admonition when he contemned, God incontinently strook him with Leprosy. His Leprosy the [Page 59] Priests perceaued shining in his fore­head, before he felt it himselfe, and vpon sight therof began out of hand hastily to [...]hrust him out: though, when he [...]elt Gods miraculous chastisement vpon him, he was as willing to go, as they to carry him away. So that in the beginning he was drawne, in the end lead out of the Temple.

—Ducunt volentem fata nolentem trahunt.
Philanax.

How might Papists cast him out by force, seeing Chrisostome cited by The­odidact saith, Dial. p. 51. Homil 4 [...] de verb. I [...]a. vidi Dominū. The office of a Priest is only to reproue, and only to admonish, not to moue arme [...] not vse buckelers, not to shake a lance, but only to argue, and freely to admonish.

Aristobulus.

The saying of Chrysostome (which Theodidact doth so much magnify) is properly verified, Exod. 3 [...].28. not in the Leuiticall Priests who were warriers as other Tribes, Cruentas refugit vltiones. Leo Ep. 91. & 23.9.8. Can. 1. & seq. and were chosen to Priestly dignity, for their consecrating their hands to God in the bloud of synners: But the saying is true of Christian Priesthood where­of they were figures, which abhorreth blou­dy [Page 60] proceedings. But this makes not a­gainst what hath been said, that Ozia [...] was cast out by force, because the same Father alloweth that euen Christian Priests, thru [...]t wicked Kings ou [...] of the Church with their hands, or keep them out forcibly by the interposition of their body. So did he resist Endoxia Empresse, Vita Chry­sost. per Simeon. Me [...]aph. to. 1. p 152. Paulin. in [...]ius vita & Theodor. l. 8 c. 19. and S. Ambrose was ready to haue vsed the lik [...] force against Theodo­sius: yea the same S. Chrysostome highly commendeth the famous Patriarch of Antioch and Martyr Babilas for keeping a blo [...]dy Emperour out of the Church, impacta in pectus dextera, giuing him a thrust on the brest: wherby (saith this Father) he taught the world, Aduersus gentiles s [...]u ora [...]ione de [...]. Babyla. tom. 5 pag. 888. in what degree Priest [...]ood excelleth Royalty: he taught Kings to keep their power within their [...]ounds prescribed by God: he taught Priests in what sort they were to rule and vse authority ouer Kings.

Philanax.

I see it can hardly be denyed but the Priests cast the King by force out of the Temple: Dialog. 51. 2. Reg. [...]5. but him (sayth Theodi­dact) they did not depriue of his Kingly autho­rity, which he held to his death: for he [Page 61] [...]eigned 52. years: which ca [...]not be true, excep [...] the years of his leprosy be rec­ko [...]ed as part of his reigne.

Aristobulus.

To this obiection of Theodidact S. Chrysostome his [...]hosen Patron, Homil. 4. deverb. Isa. vidi Domi­num. makes answere euen in that very homily by him cited, saying that Ozias was de­priued of Royall au [...]hority, Dialog. [...]1. Nō eiece­runt eū [...] ciuitate diadema illius re­giamque dignitatē reueriti, sed conse­dit in thro no ru [...]sū legē trans­grediens. yet he stil retayned the execution therof: because the people out of respect to his Diademe, and Royall dignity did not execute the sen [...]ence vpon him, so that he still remayned in his house, and sate in the Throne transgressing the Law. And that the people did greeuously offend in not casting the King by force, from gouernment, the same Father [...]e­stifieth in these words: This their negli­gence (saith he) prouoked God to anger, stopped the course of prophesy: that I say saw not the Lord, till Ozias was dead. Homil. 4. Irascens Deus in­terrup it Iudaeis prophetiā. And consider the mercy of God that did not for this ouerthrow the Citty nor destroy the inhabitants, but as one frend expostulates with another, so did God with his people, deseruing greater punishment: Homil. 4. & 5. My [...]eople do you feare to expell this impure Kinge? Do you so reuerence his dignity, as to [Page 62] transgresse my law? VVill you not reuenge my quarrell? Nor will I speake with you. I could my selfe haue cast him out of the Citty: but what remayned I le [...]t to be finished by you. I cast him out of my [...]emple, he being a King, you haue not put him out of your Citty. I bound him fast in Leprosy, as in a chayne, and of a King made him a priuate man [...] he being now a priuate man you haue not set vpon him. VVhom I condemned you had not courage to cast out. Thus S. Chrysostome, most cleerly tea­ching the lawfull deposition of Prin­ces, and that subiects not only may but are bound to vse force and execute that sentence vpon them, when they are leprous Hanc poenā regē sicut aliū è plebe pati opor­tebat. Chrysost. that is hereticall, and for such declared by the Church. And this is peculiar to [...]eresy, which (spe­cially being ioyned with persecution) is a Hic animi iam le­pra quaeri­tur Chrys. ibid. Aug. l. 2. Euang. quaest. 40. leaprous and infectio [...]s synne, that when the Prince is namely de­nounced and cast out of the Church for it, the Haereti [...] cū pos [...]v [...]ā correptio­nē de [...]ita. ad [...]it. c. 3. Law of God and [...] bindes the Subiects (if they be [...]) to Nulla cum haere­ticis cō ­me [...]ciaco [...]pulentur. Cyprian. l. [...]p. 3. & [...]e­ren [...] l 3 c 3. Tātum A­postoli & horū dis­cipuli ha­buerun [...] [...]morem, vt ne verbo quidem communica­rent alicui eorum qui adulterauerant veritatem. sep [...]rate themselues from him, in respect of the daunger. Which seemes [Page 63] a doctrine so receaued anciently amon­gest Christians, that euen the Popes who still stood vpon the priuiledge Prima sedes à ne­mine iudica [...]ur. Concil. Sin [...]ess. Sy­nod. Romana sub Six­to 3. Bellar. l. 2. de pont. c. 26. that they might be iudged by no man, haue euer yeelded themselues Can. si papa [...]. 40. Innocent. 4 serm. de consecrat. Pontif. subiect to the Church and deposeable in this case: neither did Hen­ry the fourth Emperour in his conten­tion with Hidelbrand, or Gregory the seauenth, deny but for heresy he might be deposed. He ple [...]ded he was no he­reticke, and that for other crimes the Pope could not depose him. Ep. ad Gregor. 7. apud mag­debu [...]. [...]t. 10. c. 8. de schismate. Dialog. 83. The tra­dition of Fathers (saith he) is that I am to be iudged by God alone, except I haue declined from the Catholike faith, which God for­bid.

This doctrine of the Papists seemes to answere what Theodidact els where obiects, that euen the Romanists themselues teach that excommunicatiō not doth free the ser­uant frō obedience to his maister. For though this be true in excomunication for o­ther crymes, yet heresy is a cryme that ha [...]h peculiar force by Christian insti­tution to separate seruants and sonnes from their hereticall Lords and Fa­thers. Clemens. l. 1. Constit. Apost. c. [...]8. One of the Apostolicall ordina­tions related by S. Clement, is, that Bishops [Page 64] ought to cast impenitent hereticks out of the Church, and commaund the faithfull not to haue any manner of conuersation with them. So out of S. Chrysostome they conclude that Christians may no more endure a Prince declared heretike by their su­preme Pastour, then [...]he Iewes might suffer a King declared Leaper by their high Priest, whome they were bound vnder payne of g [...]uions sinne to expel as you heard this forsaid Father a­ffirme.

Philanax.

I see the old Testament specially according to S. Chrysostomes exposition, doth not very plausibly proue regall in­dependency of Priest-hood: hath not Theodidact better arguments out of the new?

Aristobulus.

He alleageth diuers testimonies, that euery soule is to be subiect to the higher powers: Pag [...] 55. Rom 13. and of Fathers auerring, that there is no state, nor man in the world equall to the Emperour: Pag. 60.61 Which particulerly to re­late were to wast paper, seeing these [Page 65] testimonies proue no more; then what P [...]pists commonly graunt. That K [...]ngs are Soueraigne and supreme in tem­porall affaires, within their Domi­nions, Bellar. l. [...]. de Pontif. c. 19. [...]and. l. 2. vi [...]. mon. c. 4. Persons let. p. 16. n [...] 26. and Discuss. against Barl [...] p. 31. Victor. relect. de potest. Eccl [...]s sect [...] 4. propofi [...] 4. That all men whatsoeuer, Prophets [...] Euangelists, Apostles, Priests, Monks that liue within their states, are subiect to their Gouern­ment, and to the lawes which they make, for the good o [...] the Common wealth. They proue that primitiue Ch [...]stiās both laymen & Priests, were bound to pay tribute to the Emperour, & were in criminall causes answerable before the tēporall Magistrate. For the dignity of Priestly state, and the speciall ordinance of Christ exempting them, was not then sufficiently promulgated, nor accepted of by Princes, as afterward it was in gratitude for the benefit of their con­uersion to Christianity, by the prea­ching and labours of Priesthood.

The places then of Scriptures and Fathers shew, that Priests euen Apo­stles, were subiect to the Emperour in causes temporall: but can any man with reason thinke that their testimo­nies import, that vnbelee [...]ing Em­p [...]rours were in all spirituall occur­rēces [Page 66] the soueraign [...] Gouernours of the Christian Church. That the supreme Pastorship to decide doubtes of faith, gather Councels, or excommunicate disobedient Christiās, was committed to them. I thinke Protestants will hardely graunt this. Whence Papists inferre, that had Kings byn ordeyned by Christ supreme Gouernours next himself in the Ec [...]esiastical hierarchy, he would haue prouided Christian Kings to furnish that place in the first erecting of his Church. Which seeing he did not, they fu [...]ther deduce that Kings cannot challenge by Christs in­stitution any place of gouernment in Church-affayres: Matt. 16. that the keyes of his Church, signifying supreme authority were by him deliuered not to Kings, but to Peter, by which gift he made him high steward of his house. Who­soeuer will be of Christs family, must yield themselues, their swordes, their Crownes [...] subiect to Peters keyes. Their soules you will say, but not their bodies, not their swords, not their Crownes. But agaynst this they vrge that, accessorium sequitur principale: What [Page 67] is accessory and consequent, still fol­lowes and waits vpon the principall. The King submitting his person to the Church must needs likewise sub­mit, togeather with his person, his Crowne and sword, that not only as men, sed in quantum Reges seruiant Christo, euē as Kings they be seruants to Christ. In acknowledgm [...]t of which supe­riority Constantine as S. Augustin writeth) eminentissimum culmen Romani Imperij dia­dema suum piscatori Petro subiecit, Epist. 62. being the most eminēt Soueraigne of the Ro­main Empire, submitted not only his soule, but his scepter and diademe to the fisherman Peter: to the end that Peters keyes might direct temporall power towardes the consecution of eternall life, and to restra [...]ne the same, if at any time the owner therof should vse it, to the ouerthrow of Christia­nity.

They bring an history to this pur­pose out of Suidas [...] concerning Constan­tius the Arian, who seemeth the first that challenged this Supremacy in Church affayres. As he was sa [...]th Suidas, [...]nce sitting in Councell in the midst o [...] many [Page 68] Prelates, Iudge of their Controuersies, Leontius Suidas ver­bo Leon­tius. the most holy Bishop of Tripolis reproued him openly, that being a secular & lay man, he wold meddle with Church-affaires: which saying made that prophane Emperour to conceaue the vndecency of the practise, that out of band for very shame be desisted. If to the fauorits of Kinges, ancient Fathers seeme ouer playne and bitter, who call them that will gouerne in the Church Anti­christs: so in my opinion wee ought to take heed that our Church disgrace not herselfe, by being base and seruile in this poynt, laying her Keyes vnder the feete of Kings, which i [...] another extreme. Dial p. 58. and 59.What may we think of Theodidact who writes that ‘the Kinge saileth to heauen in his owne ship, guided by his owne subiects, ouer whome he is Iudge, and may punishe them with death, if he find them (in his opinion) to deliuer their owne errors in steed of diuine truth.’ S. Paul were he aliue would preach, that the Church (the ship to conuay passengers to heauen) is not the Kings, but Christs, which he bought with his pretious bloud, Art. 20.28. and the gouernment therof he committed [Page 69] not to Kings [...] but to Bishops. The two Orthodoxe Saints and Bishops Hosius and Ambrose did they now liue, apud A­than [...]sium. Apol. 2. Amb. ep [...] 33 would say, Pallaces belonge to Emperors, Churches to Priests. The great Gregorie of Nazianzum were he now liuing, Naz. orat. ad princip [...] ̄ irascentē. his doctrine would be, that Kings are subiect to the tri­bunall of Bishops, that Priests are the more eminent Gouernours, n [...]t Kings, subiects in Church affayres, but as another Gre­gorye sayth, S. Greg. ep. ad Herm. Metens. habetur. d. [...]6. can. 9. their Fathers, Maisters and Iudges: yea that it is miserable madnes [...]or Kings to goe about with their wicked lawes to make them be at their command, to whom they know that Christ together with the Keyes gaue power to bind in heauen and in earth.

These and the like authorities of Fathers Papists heap together which I haue brought, not that I desire that any thing be detracted from royall au­thority, but to the end that you may see, that it is not wisdome to ground Royall Soueraignty vpon this King­ly Church-primacy, which Pro [...]e­stants allow, Puritans detest, Papists with the saying of Fathers shake and batter.

Philanax.
[Page 70]

Herein I agree with you, Pag. 63. yet that the Roman Bishop hath not this su­premacy to depose Kings, I am moued to beleeue, by that which Theodidact writeth, Otho [...]ri­ [...]ing. l. 6. c. 35. that none of them exercised it before the time of Gregory the VII, otherwise tear­med Hildebrand, who excommunicated and deposed Henry the Fo [...]th Emperour, about the yeare 1073 [...] more then a thousand yeares from Christs ascension, as Otho Frisingensis, liui [...]g neere those times saith: I read and read againe the gestes of the Romane, Kings and Emperors, and no where I find any of them, till this man Henry the Fourth excommunicated or deposed by the Bishop of Rome.

Aristobulus

I do not desire to proue that autho­rity of the Pope, my drift is to shew that Kings Church-primacy is not aduisely brought and placed as the pil­lar of their ragall Soueraignty. For, to that, which moueth you so much, be­hold the Papists how easily, and how many things they answere. First de­position being an extraordinary re­medy [Page 71] against the persecution of here­ticall Princes, not to be vsed, but in cases of ext [...]emity; what wonder that practises therof vpon Romane Empe­rours haue not been many? More­ouer for the first 300. yeares after Christ there was no Christian Empe­rour on whom that power might be vsed. In the other two hundred, the Empire was so mix [...]d of heathens and Christians, that this power could not be conueniently exercised. And for o­ther three hundred yeares there was no Emperour of the west, but only of the [...]ast residing in Greec [...], far from the sight of the Romane Bishops; so that to the Gre [...]an Patriarches did the charge immediatly belong, to pro­ceed with censures, when they were needfull, against Emperors. And a­gainst some they proceeded, though not against all; for some were good Princes deseruing well of the Church, and others that were bad raigned not long, or were not so violent and in­corrigible, as they vrged the Chu [...]ch to vse the last remedy of deposition. Finally that some heretickes and [...]er­secutors, [Page 72] were not deposed, argues not want of power in Popes, but shewes that circumstances of time, and per­sons might be such, as either in wis­dome and clemency they would not vse that power, or els could not with probability of successe, or without daunger of greater inconuenience.

Howbeit the saying of Otho makes as much against the power of excom­munication, as deposition, and is so stronge, that I wonder how Theodidact, into his fundamentall discourse for so­ueraignty (if he meant in deede to make it [...]undamentall) would trans­cribe so notorious an errour in history as this is, Dial. p. 63. that no Romane Emperour was excommunicated before Henry the Fourth. For, Euseb. l. 6. c 25. to omit what graue Authors write, that Philip a bloudy Emperour was excommunicated by Pope Fabian the first, [...]ide Baro. Tom [...] 3. anno Do­mini 357. Nicephor. l. 3. c. 34. Symmac. Ap [...]log. ad Anas [...]as. Constantius the Arian by Felix the second; who can deny that Arcadi­us & Eudoxia Emperours were excom­municated by Innocent the first, for be­ing accessory to S. Chrysostoms banish­ment and death? That Anastasius the Eutychiā Emperour was excōmunicated [Page 73] by Pope Symmacus, in a Roman Coun­cell, as the said Pope writing to the Emperour testifieth in these words; You say, that the Senate conspiring with me, I haue excommunicated you [...] I haue done so in deed, but therin I follow what hath be [...]n don [...] laudably by my [...]redecessors before me. Philip­picus the Monothelite was excommunica­ted by Pope Constantine, who com­maunded that the n [...]me of the Empe­rour should not be put in my writings pu­blicke or priuate, or set vpon any coyne, either of brasse, siluer, or lead. Leo Isauricu [...] was excomunicated by the Gregories [...]econd & third, Marian. Scot. a. 712. Ado in chronico. Paulus Diaconu [...] l. 21. Zo­naras To. 3. in vita Leonis [...] Isauric [...]. Sigeber [...] 7 [...]7. Pla­tina in Greg. 3. and as some say deposed, whereby he lost the Empire of the west. Lotharius King, and Brother to Lewi [...] the second Emperour, was ex­communicated by Nicholas the first, as O­tho Frisingensis relates, and praiseth the Pope for that fact, calling him a religious Priest, and full of the zeale of God.

Your see how false the saying of Frisingensis is, which you stood so much vpon. What may be the drift of Theodi­dact who so carefully sets out the say­ings of Authors, which he knoweth to be most false, and then by force [Page 74] draweth Royall authority to rely v­pon them. This I leaue to your consi­deration. Nor do I see why his Ma­iesty should make great accompt of this title of Supreme head, the true [...]igni­fication whereof, our authours, when Papists presse them with their argu­ments, renounce, and which was first vsurped vpon a knowne scandalous occasion, and by [...]King, whome not only Papists, but also we Protestants point forth as a Monster, that (saith a late Historian) if the memory of former Ty­rants, and of their cruelties were dead, hi [...] raigne alone might suffice to bring them all a­gaine to life. Rawley in his story of the world. Preface.

Why should his gratious Maiesty runne the course of opposition began by this King, whose name lyes buried in disgrace and infamy, and his poste­rity turned into rottenesse and dust? especially seeing this King Henry the Eight as he parted from his noble Fa­ther Henry the seauenth his affection towardes the Roman Bishop; so like­wise [...]e degenerated from the loue that his said noble Father bore to his Maiesties family. For it is wel known [Page 75] that this first Head of the English Church sought to cast the hou [...]e of [...]cotland from succession in the Crowne of England, and to preuent the Blessed [...]nion of both Kingdomes we now [...]nioy. Which blessing rooted in his Ma [...]estyes person that it may be continu­ed in the flourishing perpetuity of his Royall yssue, my prayers are, that they may not be driuen by flatterers into needlesse contention with the Church against which none euer opposed themselues, that did not either finally yeeld, or vtterly p [...]rish.

Philanax.

Herein you haue fully satisfied me. Now I desire you to come to the third proposition, and the second pil­ler of soueraignty deuised by Theodidact: Dial. p. 67. That Tyranny, Infidelity, Heresy, or apostacy be not sufficient causes to release subiects o [...] their obedience to their soueraignes.

Aristobulus.

Had you not put me in mind, I should willingly haue forgotten this question. I cannot commend their [Page 76] wisdome that cause or permit Trea­tises that plead for the impunity of ty­rants, to be set forth by his Maiesties special authority. Wil any man thinke this impunity would be so eagerly de­fended, were it not also loued and de­sired? or loued for meere speculations sake, not for the vse and ex [...]rcise there­of? It is inough for priuate men (as sayd a prudent Liuia apud Dion in Augu­sto. Emp [...]sse to her husband) that they be innocent, but Princes seing they go­uerne not brute beastes but men, must also pro­cure not to be suspected: specially in matter of Tyrany, wherin subiects are naturally iealous, and apt to thinke the worst vpon any light occa­sion. Sometymes weake denyalls be taken as graunts. Kings that couldly detest tyranny, may soone be suspected to loue it. Some kind of sinnes may neuer be named, without great shew of execration, some may not be na­med at all, there being no words that can sufficiently expresse the horrour, that when they are named must waite vpon them. Ne coram populo natos Me­daea truci­det. Hence it is, that the rules of Tragedy commaund that bloudy & barbarous murthers be not represented on the strage, nor related without tra­gicall [Page 77] declamations against them.

Indignatur enim priuatis ac prope socco
Digni [...] carminibus narrare scaena Thyesta.

This being the suspicious dispo­sition of men; Dial [...] p. 75. what may we thinke of Treatises set forth by authority [...] wherein the bloudiest cruelties be re­lated without horror; yea their Au­thors be named as worthy of honour, not as monsters, dese [...]ing banishment from the face of the earth, and memory of mankind? What is this but to cast suspicions that his Maiesty secretly a­ffects such courses, and could finde in his hart that most merciles [...]e tyranny might raigne i [...]punely? Wherein the wronge done him is exceeding great, his grations disposition being as far, from louing Tyranny, as his happy Raigne from the ex [...]rcise of it.

Philanax.

His Maiesties knowne clemency, & inna [...]ed auersion from bloud, aboun­dantly confirmes what you say. Nor doth he stand vpon this totall impu­nity of Princes, that he would haue true tyrants liue vncontrolled: but be­cause [Page 78] Common-people are so light­headed and vnstayed, that if they b [...] permitted to resist their Prince in any imaginable case of tyranny, they wil [...] when they are displeased with him [...] though without cause, straight ima­gine that then is the cause of lawfull resistance.

Aristobulus.

We cannot deny, but this is the dis­position of vulgar multitudes, which shewes the wonderfull vncertanity of humane greatnes, and the great depen­dence that Kings haue on God, in whose hands only are the hartes of the people, so l [...]kewise the scepters of kings. God thought best to permit many lamentable examples of Common­wealths cruelties against their Kings, partely to terrify the ambition of mankind, ouer greedy of that honour, partly for the punishmēt in this life of wicked gouernours, partly for the be­nefit of good Kings, that they might be more frequently mindfull of [...]eath and of the iudgment consequēt there­vpon. As Kings haue extraordinary [Page 79] licence and incitements to offend, so the diuine wisedome to curbe that li­berty, hath prouided them besides the daungers of common mortality, spe­ciall reasons to feare death, and to be ready for their finall account. The re­medy which The [...]didact hath inuented against this mischief, to wit, that this doctrine be continually beaten into Subiects eares, that they are bond-men to their Princes without any meanes of redemption, or liberty to runne from them, how c [...]uell soeuer they be­come towardes them: this remedy (I say [...]) cannot preuent, but may rather accelerate the daunger. Seneca writes that in his time there were such store of slaues in Rome, Li [...]ius de magnif. Rom. l. 1. c [...] 16. that the Senate ha­uing made an edict that they should weare a certaine marke, wherby they might be discouered from freemen, [...]hey were glad straight to recal it, see­ [...]ng the daunger that might ensue, if [...]laues should begin to compare their multitudes with the paucity of their Maisters. Subiects being many in [...]umber, it is not secure to sound still [...]his lesson in their eares, that they are [Page 80] slaues by the condition of their birth bound to endure any horrible cruelties at the Princes pleasure. For first put case they be persuaded that the com­monwealth may not in such cases re­sist without synne, but are bound all one a [...]ter another to go quietly to the slaughter: yet the feare of offending God will hardly be strong inough to restrayne them from seeking liberty. For seeing by the practise of former times it is knowne that liberty gotten sinfully, being now gotten is cōtinued rightfully; they will rather choose to synne once then to be slaues euer. Se­condly men are so strongely by natur [...] inclined to fauour their owne liberty [...] that well may Conquerers compell them by force of armes to endure, but neuer will Doctor by s [...]rength of ar­gument conuince them [...] to thinke that nature hath created thē for such [...]laue­ry, that by right of birth one family may tyranniz without cōtrollement, a [...] others being borne to suf [...]er withou [...] releef, or without any lawfull powe [...] to resist. Wisdome would haue such ha [...]efull. Doctrines kept [...]rom commo [...] [Page 81] people which doe rather stir passion then perswade patience. The dire [...]ull apprehension of the miseries of such slauery, will be more potent to awake auersion from kings in Subiects, then any preten [...]ed reasons from nature, scripture or history to allay i [...], though those reasons were cleere & plentifull in this point. The best course then is not to driue people into despaire, and into desperate attēpts by vtter denyall of remedy against cruell & mercilesse tyrants, but [...]o to moderate matters, as to remoue the life and state of Kings as much as may be, from popular rash­nes.

And this course of moderation I know not any that doe more exactly obserue then the Papists, whome Theo­didact singled out to be his aduersaries. I will breefly declare what they hold in this poynt, not standing vpon the truth of their doctrine, but only how honorable to Kings it is, and with what wisedome they haue found out [...] safe and moderate course betweene Scilla & Charibdis, without declyning to [...]auour, in their doctrine, either the [Page 82] rashnes of cōmon people, or the cruelty of tyrannons Princes. Mol. de iustit. & iure tom [...] 1. tract. 2. disp. 23. First then they teach that the Kinge is Superior ouer the whole Common-wealth, not only ouer euery particular subiect & com­pany. They disallow the Puritan do­ctrine, that the people haue the same power ouer Kings, that the King hath ouer euery one person. Dangerous positions l. 1. c. 4. vide Richard. Ha [...]lum de necessit. & dignit. vnius Regis. c. 6. They say allso that the King in the necessity of the Common-wealth, & the state of the people so requiring, may doe things contrary to the laws, liberties and priuiledges: that he may impose extraordinary tributs, inflict extraordinary punishments, not meerly for his lust, but for the good of the Commonwealth. Finally the King is to iudg when the necessity of this extraordinary proceeding occurreth, nor are bounds to be prescribed to hi [...] royall priuiledges. This doctrine gi­ueth ample power to the King, wher­by he may both do many thinges very extraordinary iustly, and teacheth people that they [...]asily condemne not their Prince of tyranny, though his dealing with them be seuere and ri­gorous

[Page 83]Secondly they teach that Kings are free from bonds of lawes, Aquinas 1.2. q. 96. art. 5. ad 3. Suares de leg. l. 3. c. 37. & alij. so as they may not be called to account nor pu­nished, much lesse deposed for ordi­nary and personall offences, or for their deeds iniurio [...]s only to few. And here­vpon they detest this proposition of Puritans, Dangerous posit. l. 1. c. 1. Iudges ought by the law of God to summon Princes before [...]hem for their crimes, and to proceed against them as against all other offenders: So that the Common-wealth cannot by the doctrine of Papists re­moue the Prince from gouernment, but for crymes exorbitant which tend to the destruction of the whole state, nor then neither [...] except (all other re­medies being first tried to reclayme him) he be found obstinate and incor­rigible in his tyranous course.

And this shewes the sillines of Theo­didacts discourse, Pag. 67. who wold proue that Kings may not in any case be deposed, because Saul being a bloudy tyrāt who murthered 800. Priests at once, 1. Sam. 22.18.19. 1. Sam. 24.12 & 2 [...].23. 1. Sam. 24 [...] and persecute Dauid, was not killed by Dauid nor deposed, when he fell into his hands. But in this argument neither is the inference good, that no tyrant can [Page 84] be deposed, because Saul, a tyrant was not deposed: nor is the instance true, seeing Saul was not properly a tyran [...]. The cruelty that makes a tyrant, must be both obstinate without hope of re­lenting, and vniuersall tending to the destruction of the whole state: which circumstances were in neyther of these deedes of Saul. His murthering so many innocent Priests, was indeed a publick calamity & cruelty, yet therin he was not obstinate, but soone re­lented, not persecuting Priests in the rest of his raigne. His malice towarde [...] Dauid was mortall and inuincible, bu [...] that was not so generall, being con­fined to one man and his followers [...] for the rest Saul was an administer of iustice, and a defender of the common good, for which he lost his life.

Thirdly they teach, Bourchier de iusta ab­dicatio [...]e. Less. de inst. l. 2. c. 9. lub. 4. Sess. 15 [...] Dang. po­sit. l. 2. c. 1. that Princes [...] thoug [...] they be manifest and incorrigible tyrants, ye [...] may not be deposed, much lesse made away with out publick sentence, and a inridicall releasmē [...] of his Subiect [...] from their obedience. This their doctrine is defined in the Councell o [...] Constance against the ancient Purita [...]nisme of Iohn VVicklif [...]e, renewed in thi [...] [Page 85] age by Iohn Caluin, and his followers, holding, that a priuate man hauing some spe­ciall inward motiō, may kill a Tyrant. Wher­fore so longe as the Common-wealth doth endure the tyrant, Pag. 72.74.75. & not depriue him by publick sentēce, so long priuate men must endure him, must obey him willingly & for conscience sake. 1 P [...]t. 2.16.18. Thus the Fathers cited by Theodidact persua­ded Christians to ob [...]y the ancient per­secuting Emperors that were tyrants. Thus S. Peter, as also Theodidact largely vrgeth, commaunded the beleeuing Iewe [...] to obey Claudius a bloudy and barbarous Emperour: which must be vnderstood in things not against iustice and reli­gion, & so long as the tyranous E [...] ­perour should be tolerated by the Cō ­monwealth. For who will thi [...]ke that S. Peter by that his exhortation meant, that they should obey Claudius further then for the time he shold be admitted as lawfull Prince? who can wi [...]h any probability im [...]gine that S. Peter by that sentence decided the controuersy betwene the Rom [...]n Emperour & the Senate, about the right of making and deposing Emperours: and that he de­fined [Page 86] in behalfe of [...]he Emperour that he might no [...] be deposed by the Sen [...]te? & that in case of deposition Christians were still to obey the depriued, not the new erected magistrate? I cānot thinke S. Peter dyd desire, that Christians in those times shold busy their heads with these speculations, but simply for con­science sake obey the present Prince they foūd allowed in the state wherin [...]hey liued, so long as he was permit­ted to rule. It would goe hard with Kings, if their condition were like the Emperour; Apolog. pro reg. c. 4. seeing the greatest patrō [...] of Kings dare not deny what Emperors themselues haue acknowledged that they may be deposed by the Senate or Peeres of the Empire. Vestri iu­ris esse fa­temur (o principes) imperato­rē creare, simul & destituere Naucler. gen. 41. an. [...]12. in O [...]h. 4. So that these ex­hortations of Apostles and Fathers to obey tyranous Princes for the time they be tolerated by the Common­wealth, which Theodidact vrgeth so diffusely, come short of prouing that Princes are in all cases indeposable.

Fourthly the Papists hold that the sentence of deposition must not only be giuen by a publick magistrate, but allso by the whole magistracy and [Page 87] nobility of the Commonwealth, or by the far greater part thereof. And for this cause (they say) that neither Iulian the Apostata, nor Constantius, nor Valens Arian Emperors were deposed, which Theodidact exaggerateth as an argument of great momēt to proue that Christiās cā vse no forcible resistāce against per­secuting Princes. But the cause why these hereticall Em [...]erours were not deposed, cannot be proued to haue byn want of authority in the Church, but because there wāted at that time mea­nes to vnite the whole Empire in the busines of deposing hereticall Empe­rours. For from the time of Constantine to the sack of Rome by Alaricus, heat [...]ens and infidells did abound through the whole Romane Empire, many of them bearing chief offices euen in the Senat, who could not be brought nor com­maunded to concurre against Empe­rours for their heresy or apostacy: so that the attempts of Catholiks to de­pose them could then haue had no o­ther successe, but faction and ciuill warre. Nor could the sentence of the supreme pastor vnite them in that en­terprize, [Page 88] seeing a great part of the Em­pire were Infidells (as hath been said) and so not the Popes subi [...]cts.

But when the Commonwealth consisteth of only Christians, then he­resy and apostacy of the Prince ioyned with persecution ought to breed in them all, a generall dislike thereof: & the sentence of their spirituall Pastor challengeth like [...]ise vniuersal obedi­ [...]nce; so that if factiōs grow amongest them, the fault is not in the cause which is common to all, nor in the sentence which b [...]ndeth them all, but in themselues that are neither zealou [...] in their Religion, nor obedient to th [...] Church. He that shall consider wha [...] orthodoxe Fathers haue written ag­ainst Constantius the Arian, will soon [...] perceaue that the Bishops of the pri­mitiue Church were sharpe censurer [...] of hereticall Princes. They rebuke Haec conspicis huiusmo­di quae te iubent honorari intelligis: quae vero sacrae litte­re iubēt te facere illa in quibus te monēt sacerdoti­bu [...] obe­dire, fingis non n [...]sse. Lucifer. de nō parcen­do in Deū delinquēt. fol. [...]97. him for gathering together places o [...] Scripture, that commaund that he b [...] honored and obeyed, omitting other testimonies that giue liberty to resist and bind him to obey his spirituall Pastors. They tell him in playn [...] [Page 89] tearmes Lucifer v­bi supra p. 255. they might deale with him as the Machabees did with Antiochus whō they resisted, his armies they ouer­threw, cast him from the Kingdome of Iury. I tell thee Constan [...]ius (saith one of those Fathers) hadst thou been in the hands of Ma [...]tathias that zealous priest, so wic­ked a persecutor as thou art he would haue kil­led thee: Thus bouldy writeth that Bi­shop, which shewes [...]hat the reasō why Ariā Emperors in those dayes were not deposed, was not want of iust desert in the Princes, nor of power in the Church, but because the sētence would not conioyne the whole Commonwe­alth being then mixed of heathens & Christians, in the execution thereof, so that the sentence could not be law­fully executed without the asistance of some absolute temporall Prince. And this assistance the primitiue Church in those dayes did not neglect Socrates l. 2. c. 18. Theodor. l. 2. c. 8. So­zomen. l. 9. c. 1. Ni­ceph l. 9. c [...] 21. to craue of Constantine the most pious & Christian Emperour who tooke vpon him the protection of Catholike Bi­shops that were banished by his Arian Brother ( Constantius) to whome he sent word, that vnlesse he would re­store [Page 90] them, Hostem se illi fu [...]urum, nec quic­quam nisi bellum expectandum: that he would become his enimie, and that he should expect no­thing from him but warre. And as for Iulian the Apostata, I do fearefully relate what they write. For wheras by some it had byn giuen out that he was by a Christian souldier depriued both of Empire & life, Theodore­tus l. 3. Hi­stor. c. 20. Nazian. orat. 2. in Iul. Chrys. orat. in S. Babylam. Sozom. vbi supra. Nicephor. l. 10. c. 34. they magnify the stroke whosoeuer were the Author thereof. And some Christian historiās graunt that, it is not incredible that some Chri­stian souldyer killed Iulian, and defend the fact as most glorious, seeing (say they) not only Pagans, but all men of what religion so­euer, euē to our age haue allwaies exalted them that haue taken away tyrants, venturing their liues for the liberty of their kindred and coun­trey: how much more glorious is it to do this for God and Religion? These sayings and the like may be found in the writings of the Auncients, which I do not bring as approuing them; yea this last of priuate vndertaking against Empe­rours I vtterly mislike. But this shew­eth what I pretend, that it were better wholly to relinquish the discu­ssion of this controuersy, then to pro­uoke [Page 91] men to produce these authoriti­es, Mutatio regnorum quae nō in­terposito sedis Apo­stolicae iu­dicio fit, non legiti­mè sed se­ditiose fit. Sanderus de vi [...]ib. Monarch. pag. 406. Mol. de iu­re. to. 1. tra. 2. disp. 11. Omnes Catholici Romanū Pontificē pro Chri­sti vicario habēt, per quē res in tota repu­blica Chri­stiana gra­ui [...]mae semper de cidendae sunt. Sanderu [...] vbi supra. and that they be not wise, or not friends of the King that will needes be stirring in this busines.

Fiftly Papists teach that a Chri­stian Commonwealth may not pro­ceed against their Christian Prince, though he be a tyrant, without the aduise an [...] consent of the supreme Pa [...]stor of their soules. This they require not only in the case o [...] heresy and Apostacy, but also when subiects are mo­ued against them for tyranous oppre­ssion of their liues and temporall state. And their reason is because deposition beeing an affaire of singuler moment [...] ought to be done wi [...]h the grea [...]est ad­uise and deliberation that may be. Nor is it secure to commit the cause to the sole Commonwealth, least the people out of passion, the Nobles out of ambition, be ouerforward to proceed against Prince [...]. So that in my o­pinion Papists take a most mature course, and remoue the life of Kings from the temerity of vulgar affections, one degree further then any other re­ligion whatsoeuer. And seeing man­kind [Page 92] with vniuersall consent seeme to allow that some meanes may be vsed for the commonwealths safety against incorrigible and deplored tyrants: I do not see that humane wisdome could haue inuented a proceeding more dis­creet and moderate then this of Pa­pists, who, that a Prince may be de­posed lawfully, require: First cryme [...] manifest, that can no wayes be excu­sed: secondly crymes exorbitant, ten­ding to the euident ouerthrow of the whole Kingdome: thirdly cryme [...] with malice, incorrigible, leauing no hope of amendment: fourthly the pu­blicke and vuiuersall agrement of ma­gistrates and Nobles of the Common­wealth. Fiftly that the case be propo­sed, and the deposition approued by their supreme Pastor, and his Coun­sell abroad.

Finally, to preuent popular rash­nes, they further add, that the comon­wealth in the execution of the sen­tence, must proceed per modum defensio­nis, non per modum punitionis, Molin. to [...] [...]. de iustit. tract. 2. dis. 23. num. 8. by way of their owne defence, not by way of punishing their Prince. And in this [Page 93] their defence they must obserue mode­ramen inculpatae tutelae, Dang. po­fit. l. 1. c. 4. that is, they must do no more then is precisely necessary for their own defence. Card. Pe­rons Ora­tion, En­g [...]s [...] [...]. 108.109. Wherfore they may not, hauing deposed their Prince, ar­raigne him, as Puritans teach, that being needlesse for their owne safety. The King deposed still retaynes a certaine remote right to the Crowne, as it were a marke, or politike character that discerneth him from meere sub­iects: by reason whereof, if he repent of his Apostacy, and giue the Com­monwealth good security that being againe restored to gouernment, he wil rule moderately, the Commonwe­alth may not by taking way his life depriue him of his possibility.

Philanax.

Your discourse giueth me great con­tent to see that Papists in their do­ctrine, prouide so carefully for the se­curity of Princes. That a King be de­posed lawfully they require such a ge­nerall consent both domesticall and forraine, that it seemes scarce possible that so many should conspire in passi­on, [Page 94] or that any Prince, by this do­ctrine, loose his Kingdome that is ei­ther friended abroad or beloued at home. For if the motion to depose the Prince arise from the Commonwe­alth, Executio nō ad Pō ­tificē pertinet sed ad alios. Be [...]l. aduersus Bark. 6.10 [...] Cardinall. Peron. ora. pag. 106. the last decision thereof is refer­red to the Pope and his Counsell that are forrayners, and not interessed in the Commonwealthes quarrell. Yf the treaty of depo [...]ition begin from the Pope, the execution must passe through the hands of the Peeres of the Realme spirituall & temporall, whose loue to their Prince will resist the Popes sentence if they find the motiue either openly vniust, as grounded v­pon temporall pretences, or not cleer­ly and apparantly iust, as is required in a point of so many consequences. Nor do there want examples of Ca­tholicke Kingdomes that haue stood for their Kings, when they thought that Popes were moued with humane respects: yea I haue noted in the histo­ries I haue perused, and much won­dred thereat. Protestants haue beene more forward and heady to follow the sentence of some Ministers or con­sistory [Page 75] against their Prince, then haue Papists beene in obeying the Popes censures for the deposition of their King, that hardly can you name any sentence of deposition that hath been executed, and the Prince turned from his Crowne by his Catholike subiects. Which difference seeing it cannot spring from any greater reuerence, which Protestāts b [...]a [...]e to their spiri­tuall gouernours (for it is known they do not so much esteeme their Mini­sters, as the Papists do their Priests) it must proceed from this cause, that Pa­pists loyall loue to their Prince doth somewhat allay their prompt obe­dience to the Pope, when betweene him and their Prince contentions happen. But you haue so disco­uered the weaknes of Theodidacts ar­guments, that I haue more cause to feare treason then expect reason in his discourses. I should haue byn glad if the doctrine that makes Kings in all cases indeposable could haue byn proued by solid and inuincible argu­ments.

Aristobulus.
[Page 96]

How solide and inuincible Theodi­dacts arguments are, you may giue a ghesse, by this one which he vrgeth very [...]arnestly, that Christians may not depose Tyrants though neuer so cruell enemies of their Religion, because Christ commaundeth thē to loue their enemies and per [...]cutors. And verily I could smile to see Theodidact seriously dilate vpon the precept to loue ene­mies: VVe must (sayth be) loue them with our harts, blesse and pray for them with our tongues, and do good to them by our actions. Yf these duties be to be performed twards priuate men that are our enemies: how much more to publicke persons and Potentats of the earth. Thus he, and much more, shewing great want of iudgment thus to trifle in so serious an argument. For the pre­cept to loue our enemies, & to bestow benefits on them, vrgeth the Com­monwealth to depose tyrants rather then to the cōtrary. For what greater benefit can Christian charity bestow on tyrants that run headlong to euer­lasting perdition, then to remoue [Page 97] them from gouernment, from the world, & occasions of synne. Without doubt the precept of Charity would bind the Commonwea [...]th to [...]tay the damnatiō of tyrants by deposing thē, did Iustice permit them that are not Superiours to bestow benefits & deeds of charity vpon others against their wil. The truth is, that this were against Iustice, though not against Charity, to take by force the scepter from a Prince, who abuseth the same only to his owne damnatiō, without endaun­gering the Commonwealth. But if he cōmit synns that tend to the destru­ction of the state; if (saith the Chan­cellour of Paris) the great Patron of royall imunity, if the Prince doth ma­nifestly, obstinatly, really, & vniustly persecute his subiects, thē that Princi­ple of the law of nature taks place, vio­lence may be repelled with violence. Thus much Gerson, and much more which I willingly pretermit: nor would I haue said so much, but only to shew that it were best not to handle these questiō [...], specially in vulgar Treatises: and that you may see Theodidacts fraude, who [Page 98] loadeth on Kings many new titles, that are not so glorious as odious, which doe not so much adorne as op­presse, and weigh downe Kings, by laying vpon them the heauy burthen of popular enuy. Such is his fourth proposition which remaynes to be exa­mined, Pag. 88. that there is no remedy besides teares and prayers, that may be law [...]ully vsed for the defence of the Church against the King, though he shold be so tyrannous and prophane as to oppresse the whole Church, and vtterly to ex­tinguish the light of Christian Religion.

Philanax.

The very sound of this proposition offendeth a Christian [...]are, nor can I thinke it is gratefull to his Maiesty, who would (I dare say) wish himselfe dead a thousand times, rather then such a case shold really happē, that he shold extinguish the light of Religion, so litle delight he takes that men should adore his Royall Dignity vested in these imaginary impieties. Nor doth Theodidact bring any proofe therof be­sides the patience of the Iewes, when they were persecuted by Aman, who [Page 99] won Assuerus to send forth a decree to destroy their whole nation both yonge and olde, children and women in one day. Here (saith he) the whole visible Church which was only amongst the Iewes, Pag. 8 [...]. by the barbarous designements of Assuerus seemed to be in the very iawes of death, Esther. 4. yet they take no armes, they consul [...] not how to poison Assuerus, or Aman, they animate no des­perate person suddenly to stab them, but there was only great sorrow am [...]ngest them, and fa­sting & weeping.

Aristobulus.

It is not probable that Aman had graunt to murther the whole nation of the Iewes, but only all those that were out of their Country scattered in the Townes of the Persian Monarchy, whome Aman, Esth. c. 3.8. speaking with Assuerus, tearmeth a people dispersed through all the Prouinces of the Empire, and diuided one from another, besides which there was a flou­rishing Church in Iury. Secondly wheras Theodidact saith, that amongest the Iewes in that extremity there was sorrow & fasting, and weeping only; that only he addes of his owne head against Gods expresse word, which [Page 100] besides these meanes to appease Gods anger, setteth downe other secondary meanes they vsed for their deliuerāce; for they better informed Assuerus, de­ceaued by Amans sinister suggestions, vsing as instrument the Qu [...]ene that was so gracious in his sight: resolued also to vse other helpes had that failed them, as Mardochaeus sent a message to Esther [...] per aliam oc [...]asionem liberabu [...]tur Iu­daei, by some other way the Iewes s [...]albe re­leased. Neither may we doubt but the Iewes (had they been able) might and would haue resisted Assuerus, had he in­uaded their Country with intention to destroy them. For they might haue done to him what their Auncestors did to his Persian predecessor, as In [...]hronico. Eu­sebius l [...] [...]. de Ciuit. c. 26 S Augustine, l. [...] Sa­crae histor. Sulpitius, l. de sex aetatibus. Beda & other Fathers hold, that Nabuch [...]d [...]noso [...] was, that sent an army against them vnder the conduct of Holofernes, whom they resisted, as it is well knowne, with miraculous successe. I doe not examine the truth of their opinion [...] whether Nabuchodonosor were in deed a Persian Emperour, but I note the iudg­ment of the learned Christian anti­quity, [Page 101] that they held it lawfull for the people of the Iewes to vse forcible re­sistance against their tyrannous Soue­raigne: neither doth any Father or Doctor reproue their opinion in this respect. And in what writings of Christian Fathers be not the Machabees renowned that valiantly opposed thē ­selues against Antiochus persecuting thē for Religion, who was their lawfull Prince? whose ancestors had peaceably enioyed Soueraignty ouer Iury from the time of Seleucus, for the space of an hundred and fourty yeares, and were acknowledged by Priest and people as much as euer Persian or Roman Em­perors were?

And if wee call to mind Christian histories, wee shall finde that as soone as the tēporall sword was put into the hands of a Christian Monarch, the Christian Church craued the assistāce thereof against Licinius the persecuting Emperour. Constantine went to succour the Christians of the East whome Lici­nius persecuted. D [...] vita Cō ­stant. l. 2. c. 3. Being persuaded (saith Eu­sebius) that it was a great deede of piety & san­ctity to releeue a great multitude of men, by de­posing [Page 102] of one man from gouernment. In which enterprise God did miraculously con­curre to giue him victory, and Chri­stian Bishops assisted him, which they wold not haue done had they thought no meanes lawfull of seeking liberty from persecution of tyrants, be­sides teares and prayers. Clodou [...]us the first Christian King of France, Paulus AEmil. l. 1. in Clodo­uaeo r [...]g [...]. how was he magnified for making warre vpon Alaricus the Arian King of Spayn, whose Empire in those dayes did ē ­brace the greatest part of Gascony, wher­of Clodoueus did dispossesse the Gothes, Greg. Turo. F [...]ist. Fran. l. 2 cap. 37. Amoyn. l. 1. [...] gest. Fran [...]. c. 20 Nic [...]phor. l. 16. cap. 6. Euagr. l. 3. c. 7. and slew their Prince in the battaile with his owne hand, hauing no other quarrell then Religion against him. When Basiliscus the Nestorian Emperour went about to compell Catholike Bi­shops to condemne the Councell of Chaldedon, Acatius Patriarch of Con­stantinople stirred vp both people and monks against him, went to the Emperour, freely reproued his im­piety, that out of feare he was glad to recall his Edict. Anastasius not many yeares after Emperour, Nicephor. [...].26. cap. 26 friend of the Manichees & Arians, gathered a synod, [Page 103] and sought to constrayne the Patri­arch of Constantinople to condemne the Councell of Chalcedon: The people straight in troopes came to the place o [...] mee­ting crying [...] Now is the time of Martyrdome: Constant. Manas. p. 80. Let no man depart from his Pastor: They re­uiled the Emperour, they called him Manichee and vnworthy to be Prince: so that frighted to see the whole multitude re [...]use his gouernment, he then gaue ouer his enterprise. Ibid. And when afterward relapsed again into his im­piety, he sent souldiers to Hierusalem to cast Catholike Bishops from their sea, the Bishop and the two Abbots Sabbas and Theodo [...]ius (men most orthodoxe & of miraculous sanctity) gathered forces, and in the hearing of the Em­perours officer, excommunicated Ne­storius and Eu [...]iches and their adherents, they draue the souldiers by force out of the Church, and their Captaine to saue his life was glad to run away.

Many the like examples might be layd together out of antiquity, Nicephor. l. 16. cap. 3 [...] which shew that, though teares, serious re­pentance, and prayers to God be the best the cheefest and readiest remedies, without which no other ordinarily [Page 104] preuaile;) yet the Fathers iudged that some forcible meanes may with due circumstances be lawfully vsed, rather then the light of Christian Religion should be extinguished, or at least this is cleere, that this practise may be so confirmed by examples of Christian antiquity, that I cannot iudge it wis­dom to make these questions the com­mon subiect of discourse to the vulgar multitude. The only way to abate the estimation of things that by themsel­ues are exceeding pretious, is to com­pare them with other that incompa­rably exceed them in worth. Mortall life compared with eternity growes into contempt: stars shine not in the presence of the sunne: great riuers seeme nothing in respect of the oce­an. The splendor of royall Maiesty & power is as it were a sunne shining a­mong his subiects, the readiest way to make the sunne seeme dymme in a pi­ou [...] and religious sight, is that which Theodidact vseth, to compare the King and allegiance with God and religion, before whom euen Angelicall purity is darknesse, and all created greatnes [Page 105] put together, no more then one drop of morning dew in respect of the mayne sea. Canstant. Manasses in annali­bus [...] p. 80. A learned Greci [...]n writes that a pious man cannot respect his Prince, when he sees the cause of Re­ligion in daunger: then he neither re­gards person nor dreadeth power how soueraigne soeuer it be. Dangerous positions c. [...]. p. 33. Our writers thinke it an excuse of our first [...]hos­pellers rebellion, that the light of the Ghospell [...]hining in their eyes, made them not see the maiesty and greatnes of Popish Princes whom they threw from their thrones. What wonder thē if men that haue zeale of Religion, do stagger at the allegiance we exact of them, seeing we openly require them to professe that the light of Christianity may be vtterly extinguished, rather then the Prince resisted.

Philanax.

Yow haue shewed that Theodidacts foure propositions are vngrounded, & odious, and no sure foundations of sincere and dutifull allegiance: But you promised also to speake of the Oath of Allegiance, which Theodidact [Page 106] saith, stands vpon these grounds, and what your opinion is concerning of rigorous vrging thereof.

Aristobulus.

I cannot beleeue that the cheef in­citers of his Maiesty to the violent ex­action of this Oath, do so much res­pect the common good, as their pri­uate interest, bei [...]g men that liue and triumph by the temporall miseries & calamities of Papists. When the despe­rate rage and temerity of some few of that profession had iustly exasperated his Maiesty, these their enemies that lay in waite to do them a mischief, suggested this deuise, which I cannot be persuaded that his singular wisdom and iudgment would euer haue liked but in these circumstan [...]s of perturba­tion [...] I wil not rashly precipitate my censure in a matter of such conse­quence, and wherein his excellent Ma­iesty is so much engaged: only I will offer vnto your serious cogitation fiue considerations, which often present themselues vnto me, and make me much doubt how this rigorous course [Page 107] of vrging the Oath of Allegiance can stand with conscience, or with true policy, or with clemency, or with his Maiesties honour or safety. First how can we with safe con [...]cience vrge mē to swear what euē according to the principles of our Religion, is vncertayne? Not only they that sweare what they knowe to be false commit periury, but such also as sweare wha [...] they know not to be certaine: because in swearing a thinge that may be false, they go in danger to make God witnesse of falshood. A truth so cleere that it was knowne to a prophane Poet, who setts it downe in verse, that might beseeme a Chri­stian.

—Ambiguae si forte citabere testis
Incertae que rei, Phalaris licet imperet vt sis
Falsus, & admoto dictet periuria Tauro,
Summūcrede nefas animā preferre pudori.

The doctrines sworne in the Oath cannot be more certaine then the prin­ciples whence they are drawne: as the walls cannot be more firme then the foundation wheron they stand. Now if you call to mind the pillars of the Oath laid by Theodidact, you shall find [Page 108] they are at least doubtfull propositions which not only Papists, but our Do­ctors are diuided about. Yea for the most part both sides agree that they are false. Let Protestants then thinke how with safe cōscience they sweare, and v [...]ge others to sweare the things, which being grounded vpon princi­ples vncertaine, cannot be certaine.

Philanax.

I haue heard that VVidderington and some other Papists thinke the taking of the Oath lawfull, because they iudg the opinion, That the Pope may not depose Kings, probable, and tollerable amonge Catholikes: these men allso sweare vpon a probability.

Aristobulus.

VVidderington & his adherēts seeme to be Theodidacts Cosen-germans, & with him secretly vndermine the Oath of Allegiance, wherof they would be thought great frends: For either they cōmit periury in swering, or els elude the drift of the Oath. Yf they sweare the thing it selfe, that the Pope wants [Page 109] that power, they that haue but a pro­bable persu [...]sion therof be forsworne; seeing they sweare what they doe not know certainly to be true. Yf they say that they sweare not the thing it selfe, but only that they haue an acknow­ledgment & beleef therof, & that this is true, seing they feele a pr [...]pable assēt to the points of the Oath; this answere cleereth thē from pe [...]iury, but together takes frō the Oath force to bind them. For if a man that only probably be­leeues that the Pope cānot depose King [...] may take the Oath without being for­sworne; then the Oath in the swearer requires only a probable persuasion of that point, & if only probable, then changeable vpon better aduise: for li­berty to change is necessarily implied in a probable assent, seeing no law can exact that our speculatiue persuasion, be more certaine and immoueable thē reasō & argumēt is able to make it. He that taks the Oath as a point of faith if he sweare truly, cā neuer alter his iud­gmēt therin without being forsworn, because vnlawfulnes to change being inuolued in the assent of faith, he that [Page 110] sweares beleef for the present, sweares consequently he will neuer afterward chāg. But he that swears I acknowledg & beleue the Pope cannot depose the Kinge, meaning no more then I pro­bably beleeue, though he sweare truly ye [...] he may within three dayes or soo­ner change his mind without periu­ry: for neyther did he sweare expres­ly that he would neuer change, nor did the nature of the assent he profe­ssed, implicitely bind him neuer to change.

And if this proposition, the Pope hath no power to depose the King, which is the foundation of all the other partes in the Oath, be sworne as probable, vpon better aduise changeable, who seeth not that the whole frame of Al­legiance that is built thereon, is left to the arbitrement of the swearer, and that by VViddringtons doctrine the drift of the Oath, to make his Maiesty se­cure, is ouerthrowne. I add hereunto that if the Oath be satisfied with a probable persuasion that the Pope can­not depose the King; then the Oath leaues liberty to the Papist that [Page 111] sweares, to follow with safe cons­cience the contrary in practise, seeing they may, by comon consent of their Deuines, follow what probable opi­nion they please: yea they may with­out synne follow that opinion which they themselues thinke lesse probable. Which is to be vnderstood when the Authors that allow the speculation of a doctrine, doe not themselues con­demne the practise therof, as somtimes they do, because the doubtfullnes of the speculation makes the practise cleerly against Charity or Religi­on, or Iustice, as in the instances that VViddrington brings in his last reply. But no instance can he giue when both speculation and the pra­ctise is allowed as probable by graue authors, that then Papists may not follow the same with a safe con­science. And such is the doctrine, that the Pope may depose Kings, their schooles that allow the specula­tion, condemne not the practise. Yf then VVidrington taking the oath of Al­legiance may without breach of his Oath thinke the contrary doctrine, [Page 112] that the Pope may depose Kings, pro­bable, he may with the Oathes good leaue, by the principles of his Reli­gion, also follow that doctrine in pra­ctise: so that swearers vpon probabi­lities b [...] cunninger, but no better sub­iects then other Catholiks that refuse the Oath.

I conclude, that either we tender the new Oath to no purpose, or els we vrge men further then in conscience they can sweare. Yf we require but a weak and probable assent? what assu­rance doth his Maiesty gaine when the swearer may change his opinion at his pleasure, or retayning his opinion fo [...]low the contrary in practise? Yf we require firme and immutable assent, how can that assent be sure, the prin­ciples & meanes thereof being doubt­full? [...]ow cā we with good conscience force men to sweare that doctrine to be certaine which we know depends vpon points, disputable in our Church?

The secōd thing I present vnto you to be considered, concerneth the poli­tick drift & intent of the Oath, which [Page 113] is to discouer faithfull subiects from those that are disloyally minded: may we not in true policy feare the Oath works the con [...]rary effect? For may not loyall subiects refuse it vpon per­suasion that some poynt of Religion is therein indirectly denyed? May not they that beare trayterous hartes take it, notwithstanding their intended treasons, not fearing to commit per­iury in Gods sight?

Philanax.

You put me in mind of another doctrine of Theodidact, which seemeth to me strange, that men though most [...]rayterous, in taking an Oath will not dissemble. Pag. 48. God (saith he) by his imediate [...]inger doth so straitly oblige with secret terrour, [...]he most inmost conscience, that men obdurate [...]o other greeuous synns, will be tender and sen­ [...]ble of the violation of an Oath. Hence he [...]eemeth to inferre, that euē the gunne- [...]owder traytors would not haue takē [...]e Oath, but rather haue missed of [...]eir designe, and that all who refuse [...], are of the same mind and stampe [...]at they were.

Aristobulus.
[Page 114]

This diuinity of [...]heodidact, which seemes the ground of vrging the Oath, is against the rules of true policy and wisdome. First it layeth the burthen of infamons disloyalty on tender con­sciences, giuing away the praise of fi­delity to m [...]n that may be void of Re­ligion and dissembling swearers. Se­condly it goeth about to blinde his Maiesties eyes, and lull his Counsell a sleepe towards subtill and dangerous traytors, that goe on the ground of that reacherons Thebean, Children are to be deceaued with apples, but men with [...]athes.

Thirdly he goeth against the con­sent of all well-ord [...]ed Common-wealthes, which in triall of life and death vse not to put men to purge thē ­selues by Oathe, fearing they wil [...] sweare vntruly to saue their liues, which feare were needles did they be­leeue that God in taking of an Oath did so perpetually constrayne the in­most conscience of obdurate sinners t [...] be tender in that poynt. De menda­ [...]io ad Consent. c. 22. S. Augustine i [...] deed saith, that some vnchast women whi [...] [Page 115] haue not feared to deceaue their husbands by wantonnes, haue been afraide to vse God vnto them as a witnesse of their chastity; but these were women perchaunce very few: and if in those times so tender a con­science was incident to all, or most vnchast wiues; I dare say [...]hey were more Godly and timorcus [...]hen the adulteresses of these dayes, amongst whom perchaunce very few may be found that will loose their liues, ra­ther then delude their husbands with an Oath. Howsoeuer, carnall synne, the motiue whereof is fleeting plea­sure, doth not so root out conscience, and obdurate the hart, as treasons and conspiracies against Kinge & Coun­try, which whosoeuer harbour [...]th in his hart, it is a miracle if he be tender in violating of an Oath. And what Theodidact [...]eigneth to make the refu­sers of the Oath odious, that those pha­naticall plotters would rather haue lost their liues, then haue dissembled in an Oath, their best frends will hardly be­leeue they were worthy of so great prayse. Wherfore men that are more timorous of a false Oath, then of the [Page 116] losse of their life, should least of all be suspected to haue consciences capable of so vast treason as is the blowing vp Parlaments with powder. Anacharsis compared the Athenian lawes to the spiders web, wherein flyes are caught, but greater beasts without difficulty break through them: so the Oath of Allegiance catcheth some scrupulous women, and t [...]orous Papists, but great Traitors, that cā without scruple plot and contriue bloody massacres & murthers of Princes, these will easily blow away so trifling a synne (I speak comparatiuely) as is equiuocation in an Oath. Yf amongest Papists there be any (as charity would haue vs iudg there be none) that nourish such bloudy entendments, I make no doubt they be of that company that take the Oath. Yf amongst Puritans there be any so traiterously disposed, I dare ac­quit them that for conscience & feare of offēding God refuse the Oath, & vn­dergoe the penalties thereof, as I vn­derstand some doe. Those Puritās may be rather suspected that be deluder [...] of piously inclined people, that think [...] [Page 117] they may lawfully lye for the glory of the Ghospell, Hā [...] maxi­mam seu [...]egulam habent, li­cere pro gloria Christi mentiri. O [...]iander in epi [...]. Hist. Centur. 16. pag. 79 [...]. that haue drawne auersion to his Maiesty from the very springe of his being, from the wombe wherein most barbarously they went about to bury him before he was borne. As for Papists they beare him affectiō groun­ded in the stock, deriued frō mother to the sonne: these I say refusing to sweare out of meere cōscie [...]e may, according to the rules of prudency and policy, most of all be trusted, and deserue that the beames of his royall Clemency shine vpon them.

Philanax.

They that refuse the Oath, I see not why therfore they shold be num­bred amongst loyall subiects: yea ra­ther fearing periury, they seeme to dis­souer disl [...]yall affection, lurking in their harts.

Aristobulus.

Such as refuse to take the Oath in the prescribed forme of wordes, at the same time offer to swear that they wil be loyall to his Maiesty in all occasions a­gainst [Page 118] domesticall treasons or forraine inuasions: either they meāt sincerly or not: if not, first where is Theodidacts diuinity that God so bindeth the inmost cōs [...]ience that ob­durate synners will not dissemble in oathes? Se­condly why would you trust them, if they should sweare the oath you pre­scribe, if they will dissemble in the Oath they offer to take themselues? much more they wil and may dissēble in the Oath you force vpon them vn­der grieuous penalties, if they meane sincerely, then his Maiesty may be se­cure. What greater Loyalty can you desire? they will neuer yeeld to any treason, nor second or conceale any forrayne inuasion whatsoeuer. How can that stand with the principles of their doctrine, that the Pope may de­pose the King? Why should [...]e be so­licitous how they may do it with safe conscience? It is inough that we haue their sworne loue and affection to do it. Leaue that care to them, when oc­casions fal, out particular circumstances will a [...]foard probable reasons to do the duty of subiects, without blemish to their Religion. Loue is ingenious to [Page 119] find out reasons for excuse of the per­son we loue: so we be assured of their loue to Prince and Country, we need no more. But we be not sure thereof? How be we not sure whē we see, those men that offer to sweare it, ready to dy rather then sweare an vntruth? ha­uing the greatest assurance they meane sincerely, that morality can a [...]foard, is it not pitty that har [...]s so du [...]ifull to their Prince should be pluckt out of their brests as trayterous, because they be so awfull to God, that they wilbe rather torne in peeces, then sweare an vncertanity?

Wherfore in my opinion, sworne duty of Papists were to be highly pri­zed, yea most of all the allegiance of them, that be readier to dy then to take the new oath. For their standing with such daunger against an oath which they thinke vniust, shewes they will not for humane respects sweare but what really they beleeue to be true [...] nor promise but what they truly meane to performe. It may be iustly supposed that these men, as they will rather dye, then sweare Allegiance [Page 120] which they think not due, so they wil loose their liues sooner then neglect the allegiance they haue once sworn. And though they cannot frame their consciences to sweare the speculatiue denyall of th [...] Pop [...]s authority to de­pose Princes in some circumstances i­magin [...]le, yet they are ready to sweare that in practise they will stand with the King against [...]ll treasons, and in al quarrells not openly and vnexcusably vniust. Such as persuade his Maiesty to neglect such loyall offer of loue, I pray God their trecherous, flattery bring him not into occasions that he may need the helpe of such trusty sub­iects.

This we see that already the fla­terers haue brought him to engage his Honor for the ouerthrow of the Popes authority in this poynt, which is the fourth cōsideration that I made promise to present vnto you. For I cannot thinke the successe wilbe such as might become the enterprise of so great a Monarch.

Philanax.
[Page 121]

The power to depose Kings at his pleasure which the Pope challen­ge [...]h, so sauoureth of presumption, & is so odious, that his Maiesty needs not feare the successe of so plausible a quarrell.

Aristobulus.

This authority hath [...]yn now ma­ny yeares together impugned, and the abiuration thereof vrged vnder gri [...]uous penalties. What haue we gayned? or rather could this doctrine haue more preuailed then by this op­position it hath done? Before this stirre, I know some learned Papists denyed that authority in the Pope; many that held it, thought it not a poynt of Faith, but the more probable opinion: and in France that opinion might scarce be spoken of. Now find me a popish Priest that houlds it, or thinks that doctrine tollerable in their Church? When the matter was vrged in France to haue a like oath e­nacted, did not both Clergy & No­bility [Page 122] stand against it? When Cardi­nall Per [...]ns speach for the Popes au­thority to depose K [...]nges was printed, what Papist durst p [...]t his name to an answere? We know that that do­ctrin forsaken of the Papists of France, was forced to fly for succour to his Maiestie [...] pen. Some Papists com­playne that we change the state of the question, of purpose to make their doctrine odious; Which is, not that the Pope may depose Princes at his pleasure, but in case of necessity. But this change of the question to me seemes not so disgraceful to the Pope, as to our [...]hospell, that after so great promises to burne Rome, and ouer­throw Popery, the heat of al our con­trouersies worketh vpon this poynt, Whether Kings for their Crownes be the Popes tenants at will. Would the Pope renounce his right in this point, for the rest we would not greatly care to giue ouer. When I co [...]sider the late quarrell begun by our King Henry the 8. against the Pope, me thinks the suc­cesse thereof hath been much like that of the Carthaginians vnder Haniball a­gainst [Page 123] the auncient Common wealth of Rome. At the first the Carthaginians so farre preuailed, as they got most part of Italy from the Romans, and fought with them about the walls of Rome. Within a while fortune so chan­ged that the Carthaginians were driuen backe into Africke; warre w [...]s there maintained, that much adoe they had to saue their own [...] Carthage. Our Kings in the beginning stroue with the Pope for supremacy in spiri [...]ua [...]l things, many Papists & euen Bishops stood with the King, that the Pope was in danger to loose his Miter. The more that matters were searched into, the more did the Popes cause daily preuaile: so that not only Papists be now cleerly resolued in that point, as in a most notorious truth, but also Pu­ritans mislike Princes supremacy: and euen Protestants, as far as they da [...]e, go paring away peeces from it. And now the Pope secure of supremacy in spirituall things, pretends right to dispose of Crownes, when the nece­ssity of Religion shall require it. And who seeth not that euen in this con­trouersy [Page 124] they dayly winne ground? Had not we s [...]t our s [...]lues to impugne this authority: had not so many books, fr [...]ught with weak arguments, which Papists conf [...]te with great shew of truth on their side, beene written a­gainst it: had not Priests lost their liues, & lay Papists their liuings for it, I am perswaded it might haue beene buried in obliuio [...], or at least within their schooles haue beene kept from common peoples [...]ares. Now persecu­tiō hath made the question so famous, as it will hardly be forgotten: the bloud shed for the affirmatiue part thereof, hath printed the same deepe in many m [...]ns conceipts, yea the death of men so graue, learned, and pious hath made some Protestants that ha­ted it before, cast vpon it a more fa­uourable looke.

—Per arma per caedes, abipso
Sumit opes, animumque serro.

And this is a very remarkable pro­ceeding of Popery, different from the course of our Ghospell. The light of our Ghospell shined exceeding bright at the first: there was no diuision a­mongest [Page 125] our Ghospellers: it stirred vp in mens harts wonderfull zeale [...] that (as one noteth) out of pure light they did not consider what they did, Dangerous positions p. 33. and i [...] their zeale their goods, lands, children, wiues, and liues were not greatly deere vnto them. With time this light waxed dymmer and dym­mer, the doctrine lesse certaine, they grew into factions and sects, and ther­upon their zeale b [...]came could, that now the greatest feare is (as often­times from one extreme men are prone to fall into the cleane opposite) least the supposed cleere shining of truth, make men vncerten and not greatly zealous of any Religion at all. The Papists contrarywise, when con­trouersies are first raised, are very wary and circumspect, their censures be not absolute, there are commonly diuers opinions amongest them, the more that Scriptures, Fathers, Councells, testimonies of antiquity, and reasons are examined, the more they grow in­to consent, the more resolute and im­moueable they become in their do­ctrine, m [...]re z [...]alous one day then an­other to giue their liues for it. This [Page 126] course they hold in the doctrine of the Popes power, which in the beginning was taught neither so certainly, nor vniuersally, nor zealously as now it is, and wilbe euery day more and more, except these controuersies be remoued from vulgar examination, which can­not be so long as the oath is vrged: see­ing such as are to sweare, must (least they be forsworne) search into the cer­tainty of this Truth, and read bookes that treat of that argument. And when no other inconuenience should ensue of this course; this alone might moue the prudent frends of Kings to labour the silencing of this controuersy, that the wordes of deposing and murthe­ring Gods annointed, which should be buried in the depth of amazement & horror, come by vulgar disputation to sound familiarly in euery eare. And without doubt by this their familiar acquaintance with the word, part of the horror against the action is lost. Which may be the cause, Pudor re­rum pe [...] verba de­discitur. Sen. ep. 77. that where speach against the Pops authority for deposing of Kings hath been rifest, & most vulgar, those Countries for pra­ctise [Page 127] against the life of their Kinges haue been most vnfortunate: Whereas Spayne hath seene no such tragicall pra­ctise, nor any attempt thereo [...], but hath enioyed a longe happy peace, where the questions how to proceede with Tyrants are freely permitted to the schooles, without any popular decla­mations agaynst Scholastical [...] opiniōs in this poynt.

Philanax.

I must confesse that I haue been my selfe much deceaued in my expectati­on about the suc [...]esse of Papists in this controuersy. When I considered the circumstances of the contention, the doctrine impugned not gratefull to Princes, not so cleerly decided in their Church, by some of their writers deni­ed, the person impugning by sword and penne a Monarch mighty, lear­ned, & beloued euen of Popish Poten­tates, and this at a tyme of great ad­uantage vpon the gunpowder trea­son, which was vrged as a sequell of this doctrine, that euen the greatest fauorers therof seemed fearfull. These [Page 128] circumstances made me think that P [...] pery would receaue a great blow, and that his Maiesty would draw the whole Church to be of his opinion. What the successe hath been we see, & you haue shewed. I could wish the Controuersy might not haue further progresse, & be now buried in silence, that posterity may not say, that Rome grew by his Maiesties opposition a­gainst it, that this point of her authori­ty was made renowned by victory o­uer him, & what the Papists before did doubtfully defend, the bloud of their Martyrs suffering vnder King Iames made certaine, knowne, illustrious. And peace concluded about the silen­cing of this controuersy might be the beginning of an vniuersall agreement with that Sea, seeing other doctrinall controuersies by discussion be brought to that yssue, that (as I haue heard some learned & intelligent persons auerre) a calme consultation void of priuate interest, and animosity might soone end them.

Aristobulus.
[Page 129]

This peace were much to be wished nor is it safe to mantaine strife with that Sea, but vpon vnauoidable occa­sions. And this is the fifth and last thinge which I wish you would seri­ously ponder, and not wonder that this counsell should be suggested by mee that am no Pa [...]st.

The knowne bad successe that Kings and Princes haue still had in their op­posicions against the Romane Church may mooue sufficiently all faithfull Counsailors, though not of the Popes Religion, neuer (if they may choose) to engage their So [...]craignes in such quar­relles. Iudith. c. 2 [...] Arioch the Ammonite Prince could tell Holosernes out of experi­ence, that his power and force would not be able to subdue the Iewes, that in the end he would be re­pelled with disgrace, yet he was not a Iew in Religiō. The like aduise Amon [...] Counsailors that were heathens gaue [...] him, Esther. c. [...]. to desist in his quarrell against Mardochaus the Iew: Thou canst not (say they) resist him, he being of the stock of the [Page 130] Iewes, but shalt fall be [...]ore him. It was noted that when Octau [...]a [...] and Antony were youthes, still in their games Octauian had the best: wherupon a prudēt frend gaue Antony warning in ciuill contro­uersies neuer to encounter him. Plutar­chus de fortu [...] Romano [...] Thou art (said he) more noble then he, more eloquen [...] and better qualified, yet I see cleerly his Genins is stronger thē thine: if thou try the for [...]une of warre with him, he will doubtles be Conquerour. What the cause may be why it shold be so, who knows? but experiēce, now a thousand and six hundred years old [...] shewes that this is the [...] fate and felicity of that Sea, to conquer with their pa­tience and bring vnd [...] subiection, & into nothing, all the opponents against their doctrine, or their authority. The Roman Emperors for 300 [...] yeares to­gether bloudily oppugned Christian R [...]lig [...]on, but principally the Roman Sea, in so much as thirty Bishops ther­of were martyred, Epist. 52. and the persecuting Emperors (as S. Cy [...]rian saith) were more greeued that a new high Priest was placed in that Sea, then that a new Prince was chosen & set vp against them. What was the successe? [Page 131] For those three Centuries of yeares, scarce any Emperour that persecuted them, can be named, that deriued the Empire to a third heire, or dyed not an vnfortunate death: and in the end Constantine, their Successor, submitted the Empire to the obedience of the Roman Bishop, wherin the Empe­ [...]ors that followed him contynued.

Afterward so [...]e Christian Empe­rors begā to quarrell with the Church about the priuiledge [...] and immunities of the Clergy, specially Valentinian the third, and the succeeding Emperors of the West. Did they preuaile? In their daies the westerne Empire began to decay; The Franks tooke to thē France; the Saxons, Britanny; and VVandalls Asrick; the Visigothes, Spaine; the Gothes, Italy [...] which [...]oone after were made Chri­ [...]ans and submitted their Kingdomes to the Pope, and their Kings professed to receaue their Crownes & authority from him.

Who knoweth not how pittifully the Easterne Emperors, and the Patri­arches of Constantinople vexed th [...] Pope for many ages, which their [Page 132] quarrell they neuer would giue ouer till finally they fell into the miserable bondage & sl [...]uery of the Tu [...]ke, wher­in at this present, without hope of re­medy, they grone.

What successe (to omit many other experiences) had the German Caesars, that stroue with the Pope for the in­uestiture of Bishops by staffe & ringe? Henry the 4. excommunicated and de­posed by Gregory the 7. vpon that cause, prospered for a while, which this trea­tiser sets downe to encourage Princes to follow his example, but he concea­leth how in the end (in punishment of his rebellion against his spirituall Fa­ther, Sigon. de Regno [...]a [...]. l. 9. in Hen [...]. 4. as Papists thinke) he was deposed by his owne Sonne, put in prison, whence escaping he gathered forces, was defeated, & brought to such want, as he sued to be Sexton in a Churc [...] and serue Priests Masse, who had most cruelly vexed the high Priest of Chri­stians many yeares together. Not ad­mitted to that office, he turned himself to begge of laymen, in lamentable manner, crying, Haue mercy on me, at least you my friendes, for the hand of the Lord hath [Page 133] touched mee: and so full of misery, re­pentance, and anguish of mind, he pined away to death. The newes whereof was receaued with generall ioy of all Christians. And his Sonne, though for a while he trode the steps of his Fathers disobedience: yet finally he yielded vp his right, in possession whereof the Roman Bishop is at thi [...] day. Wherein not only the successe which Popes had against so potent Aduersaries, as was Henry the 4. who fought more battaile [...] then euer did Iulius Caesar, but their courage and con­fidence also was admirable. Neither ought any discreete Protestant trust Theodidacts relatiō of Hidelbrāds fainting in the quarrell, taken out of Sigebert a partiall Monke; seeing Papists bring 50. Historians that contradict him. These whose fidelity can with no rea­ [...] called in question, relate that he ended his life full of cōstancy, vsing at his death these words: Because, I haue loued Iustice, and hated wickednesse, I now dy in banishment. Vrbane that succeded Gre­gory both in office and in zeale against the Emperour, being driuē out of Italy [Page 134] into France, hauing so great need of the Kings assistance; yet was he so voide of humane respects, that at that very time he excommunicated Philip King of France, for putting away his true wife, and liuing in open incest. Papyrius Maslonius Annal. Franc. l. 3. in Philipp. The Kinge (saith an vnpartiall Historian) threatned, that except Vrbane would restore him to the Church & Crowne, he wold depart with his whole Kingdome from his obedience, & the obedience of the Roman Sea: yet this moued not that most holy Bishop to relent. In fine Philip was faine to yeeld; not being able to extort otherwise releasment from excommunication, and so religion & conscience preuailed ouer th [...] Scepter and the Diademe, & the inuincible Ma­iesty and Name of King. So admirable for constancy were those Popes that vsed their authority to depose wicked Emperors, & so free from loue of the world, that we may ius [...]ly thinke God fauoured their cause. H [...] ­soeuer their perpetuall good suc­cesse for so many ages against all aduersaries, though the reason ther­of be hidden, may giue iust cause (in my opinion) for Kings to be wary, how they aduenture their Crownes [Page 135] vpon preuailing against them; and how they deuise new oathes of Alle­giance that wage warre against the au­thority of their Sea. And this is the last thing which I desire to leaue to be seri­ously pondered by you that loue the King: & so I cōclude, praying the Lord hartily, that as hitherto he hath defen­ded Kingly authority in our great Bri­tany frō open enemies: so now he will defend the same from secret plots and trayterous Treatises, which by shew of friendship seek the ouerthrow thereof.

Philanax.

I am glad ( Aristobulus) that wee fell into this discourse, in which you haue cleerly discryed Theodidacts frau­dulent vndermining of Royall Au­thority. The publishers of that booke, besides their secret plotting agaynst [...] [...]oueraignty of Princes, seeme like­ [...] to haue had an eye to their owne [...]uere in the di [...]ulging therof. For there being a commaund, that this Booke both in publicke and priuate schooles be read to Children of both sexes, & ech booke sold for six pence which is hardly worth two pence; you must [Page 136] needs see a great summe of money that hēce is yearely made: a summe, I say, so great, as doth farre surpasse the custome of the Peter-pence, which in old time euery house payed to the Pope. Not­withstanding at this their enriching themselues by this deuise, I do not so much grieue: but I am hartily sory that so many odious & vngrounded positions cōcernin [...] Royall Authority that may raise vp horror rather thē loue of Kinges, be instilled into the tender mindes of Childrē, which afterward, when any occasion is giuen, may soone turne into hatred. But thereof yo [...] haue spoken inough. Wherfore I like­wise will end with your harty good wishes towardes his Maiesty, and our most gracious Prince Charles, beseching the Almighty to defend them both, and to giue them the spirit of wised [...] wherby they may discouer these [...]sons hidden with a shew of friend­shipp.

The Printer to the Reader.

THIS Treatise (gentle Reader) may seeme written by some English Protestant, agaynst some Puritans, enemies of Kingly Soue­raignity; which by them in for­mer times openly impugned, they now seeke to ouerthrow, by groū ­ding the same vpon odious, and [...]aungerous Positiōs touching the immunity of Tyrants. The Au­thour disputeth the questiō of this weighty subiect, in such mode­rate stile and manner, bringing [...]ns both solide, and not reg­ [...]ing with Catholike doctrine, that he may be thought to be in o­pinion Catholike, though for mo­desties sake, & to the end that this truth might be more pleasingly ac­cepted of Protestants; in this worke [Page 138] he discourseth as if he were Prote­stant. And for this reason, some Catholike arguments he doth pre­termit; others he doth not vrge to the vttermost, partly for breuityes sake, but cheefly because his intēt is no more then to shew that the new Protestants principles from which they deduce R [...]yall Authority be at the least doubtfull and vncer­tayne. And this he doth cleerly de­monstrate, and thence concludes. that it is against the rules euen of humane policy, to forsake the most sure grounds of Soueraigne Power in Kinges, whereon Christian Kingdomes relying, haue hitherto stood firme and florished vnd [...] Catholike discipline & iust l [...] and to build the sacred authority of Princes, whereon their peoples safety dependes, vpon the new vn­grounded Doctrines, & Paralo­gismes of Scriptures, which seemes [Page 139] to haue byn the drift of the former Dialogue.

For this cause, I thought it would not be amisse, nor lost la­bour, to put the same in print, re­newed before hand & corrected.

The title, God and the King, I would not alter, because i [...] two wordes, it doth fully put down [...] the Catholike opinion concerning Princes Authority, & their subiects Allegiance. For (as this trea [...]ise doth i [...]sinuate) three opinions in this poynt now are in Englād. The first of Puritās, who wil haue God with­out King, or else such a King that must depend on the peoples beck, [...] their Consistoriā Preachers, [...]ose perfidious audacity, his [...]esty hath had sufficient experi­ence. The second is of Politicians, who haue no more Christianity, then Parlamentary decrees breath into them: These will haue King [Page 140] without God, or at least King and God, that is, God so longe, and no longer then the King shall please, whome they will haue still obeyed, though he go openly about to ex­tinguish the light of Christian Re­ligion. The third opinion is of Ca­tholik [...]s, whose [...]ote is, God and the King [...] in the first place they wor­ship God; in the second the King, to whome they giue all Allegiance and subiection as farre as Religion and conscience will permit. And this is to giue, what is Caesars to Cae­sar, and what is Gods to God. Fare­well.

FINIS.

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