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A88696 VindiciƦ contra tyrannos: a defence of liberty against tyrants. Or, of the lawfull power of the prince over the people, and of the people over the prince. Being a treatise written in Latin and French by Junius Brutus, and translated out of both into English. Questions discussed in this treatise. I. Whether subjects are bound, and ought to obey princes, if they command that which is against the law of God. II. Whether it be lawfull to resist a prince which doth infringe the law of God, or ruine the Church, by whom, how, and how farre it is lawfull. III. Whether it be lawfull to resist a prince which doth oppresse or ruine a publique state, and how farre such resistance may be extended, by whome, how, and by what right, or law it is permitted. IV. Whether neighbour princes or states may be, or are bound by law, to give succours to the subjects of other princes, afflicted to the cause of true religion, or oppressed by manifest tyranny.; Vindiciae contra tyrannos. English Languet, Hubert, 1518-1581.; Walker, William, 17th cent. 1648 (1648) Wing L415; Thomason E430_2; ESTC R34504 141,416 156

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should bee utterly ruined Also at all such times as they left the service of God they were delivered into the hands of the Canaanites and reduced in to slavery under their Tyranny Now this Covenant between God and the people in the times of the Judges had vigor also in the times of the Kings and was treated with them After that Saul had been anoynted chosen and wholly established King Samuel speakes unto the people in these termes Behold the King whom you have demanded 2 Sam. 12. and chosen God hath established him King over you obey you therefore and serve the Lord as well you as your King which is established over you otherwise you and your King shall perish As if hee should say you would have a King and God hath given you this here notwithstanding thinke not that God will suffer any encroachment upon his right but know that the King is as well bound to observe the Law as you and if he faile therein his delinquency shall be punished as severely as yours Briefly according to your desires Saul is given you for your King to lead you in the wars but with this condition annexed that he himself follow the Law of God After that Saul was rejected because he kept not 2 king 2. 4. 6. 12. his promise David was established King on the same condition so also was his Son Solomon for the Lord said If thou keep my Law I will confirm with thee the Covenant which I contracted with David Now concerning this Covenant it is inserted into the second book of the Chronicles as followeth There shall not faile there a man in my sight to sit upon the Throne of Israel yet so that thy children take heed 2 Chron. 6. 16. 7. 17. 2 king 33. 2. Deut 17. 18 1 Sam. 10. 25. to their way to walk in my Law as thou hast walked before me But if they serve Idols I will drive them from the Land whereof I have given them possession And therefore it was that the book of the Law was called the book of the Covenant of the Lord who commanded the Priests to give it the King according to which Samuel put it into the hands of Saul and according to the tenure thereof Josias yeelds himself soedetarie and vassal of the Lord. Also the Law which is kept in the Ark is called the Covenant of the Lord with the children of Israel Finally the people delivered from the captivity of Babylon doe renew the Covenant with God and do acknowledge 2 Chron. 6 11. Nehem. 9 38. throughout that Chapter that they worthily deserved all those punishments for their falsifying their promise to God It appears then that the Kings swear as vassals to observe the Law of God whom they confesse to be Sovereign Lord over all Now according to that which we have already touched if they violate their Oath and transgresse the law we say that they have lost their kingdome as vassalls loose their fee by committing fellony We have said that there was the same covenant between God and the Kings of Judah as before between God and the people in the times of Jud. 2. 24 4. 2. c. 9. 33. 1 Sam. 13. 13. 15. 26. Joshua and the Judges But we see in many places that when the people hath despised the Law or made covenants with Baal God hath delivered them into the hands of Eglon Jabin and other Kings of the Canaanites And as it is one and the same Covenant so those which do break it receive like punishment Saul is so audacious to sacrifice infringing thereby the Law of God and presently after saves the life of Agag King of the Amalekites against the expresse Commandement of God for this occasion he is called Rebell by Samuel and finally is chastized for his Rebellion Thou hast sacrificed saith he but thou hadst done better to obey God for obedience is more worthy than sacrifice Thou hast neglected the Lord thy God he also hath rejected thee that thou Reign no more over Israel This hath been so certainly observed by the Lord that the very children of Saul were deprived of their paternall inheritance for that he having committed high Treason did thereby incurre the punishment of Tirants which affect a Kingdom that no way appertains unto them And not only the Kings but also their children and successors have been deprived of the Kingdome by reason of such fellony Solomon revolted from God to worship Idols Incontinently the Prophet Abijah foretels that the Kingdome shall be divided under his Son Rehoboam Finally the word of the Lord is accomplished and ten Tribes which made the greatest portion of the Kingdome doe quit Rehoboam and adhere to Jeroboam his servant Wherefore is this for so much saith the Lord that they have left me to goe after Astoroche the God of the Sidoniens and Chamos the God of the Moabites c. I will also break in peeces their Kingdome as if he should say they have violated the Covenant and have not kept promise I am no more then tied unto them they will lessen my majesty and I will lessen their Kingdome Although they be my servants yet notwithstanding they will expel me my Kingdome but I will drive them out themselves by Jeroboham which is their servant Furthermore for so much as this servant fearing that the ten tribes for the cause of Religion should returne to Jerusalem set up Calves in Bethel and made Israel to sin withdrawing by this meanes the people far from God what was the punishment of so ingratfull a Vassall and wicked Traytor towards his Lord First his son died and in the end all his race even unto the last of the males was taken from the face of the earth by the sword of Baasa according to the judgement which was pronounced against him by the Prophet because he revolted from the obedience of the Lord God this then is cause sufficient often times also propounded for the which God doth take from the King his fee when he opposeth the Law of God withdraws himselfe from him to follow his enemies to wit Idols and as like crimes deserve like punishments we read in the holy Histories that Kings of Israel and of Juda which have so far forgotten themselves have in the end miserably perished Now although the forme both of the Church and the Jewish Kingdome be changed for that that which was before inclosed within the narrow bounds of Judea is now dilated throughout the whole World notwithstanding the same things may be said of Christian Kings the Gospell having succeeded the Law and Christian Princes being in the place of those of Jury There is the same Covenant the same Conditions the same Punishments and if they faile in the accomplishing the same God Almighty revenger of all perfidious disloyalty and as the former were bound to keep the Law so the other are obliged to adhere to the doctrine of the Gospel for
little advantage alledged that act of Solomons whom we read to have delivered 1 Kings 9. 11. twenty Towns to Hiram King of Tire for he did not give them to him but for the securing of the Talents of gold which Hiram 2 Chron. 8. 2. had lent him and they were redeem'd at the end of the terme as it appeares by the Text. Further the soile was barren and husbanded by the remaining Canaanites But Solomon having redeemed it out of the hands of Hiram delivered it to the Israelites to be inhabited and tilled Neither serves it to much more purpose to alleadg that in some Kingdomes there is no expresse agreement between the King and the people for suppose there be no mention made yet the law of nature teacheth us that Kings were not ordained to ruine but to govern the Common-wealths and that they L. 2. §. jus reipub D. de administral rer ad Civit. pert l. 〈◊〉 27. D. de admut tut may not by their proper authority alter or change the rights of the publique State and although they be Lords yet can they challenge it in no other quality then as Guardians do in the tuition of their pupills neither can wee account him a lawfull Lord which deprives the Common-wealth of her liberty and sels her as a slave Briefly neither can we also alleadg that some Kingdomes are the L. si fundum sect si tut D. depositi et expr●ssuis Extravag de rejudicata c. intellecto proper acquists of the King himselfe insomuch as they were not conquered by their proper meanes and swords but by the hands and with the wealth of the publique and there is nothing more agreeable to reason then that which was gained with the joynt faculties and common danger of the publique should not be alien'd dispos'd of without the consent of the States which represent the Common-wealth and the necessity of this law is such that it is of force amongst robbers and free-booters themselves He which follows a contrary course must needs ruine humane society And although the French conquered by force of armes the Countreyes of Germany and Gaule yet this before mentioned right remaines still L. 2. et passi● C. de interd Com. rer alie●●t intire To conclude we must needs resolve that Kings are neither proprietors nor usu-fructuaries of the royall patrimony but only administrators and being so they can by no just right attribute to themselves the propriety use or profit of private mens estates nor with as little reason the publique revennues which are in truth only the Common-wealths But before we passe any further we must here resolve a doubt The people of Israel having demanded a King the Lords said to Samuel hearken unto the voice of the people notwithstanding 1 Sam. 8. 7. c. give them to understand what shall be the manner of the King which shall reigne over them he will take your fields your vineyards your olive-trees to furnish his owne occasions and to enrich his servants briefly he will make the people slaves One would hardly believe in what estimation the Courtiers of our times hold this Text when of all the rest of the holy Scripture they make but a jest In this place the Almighty and all good God would manifest to the Israelites their Levite when that they had God himselfe even present with them who upon all occasions appointed them holy Judges and worthy Commanders for the Wars would notwithstanding rather subject themselves to the disordered commandements of a vaine mutable man than to the secure protection of the omnipotent and immutable God Hee declares then unto them in what a slippery estate the King was placed and how easily unruly authority fell into disordered violence and Kingly power was turned into tyrannous wilfulnesse Seeing the King that he gave them would by preposterous violence draw the sword of authority against them and subject the equity of the lawes to his owne unjust desires and this mischief which they wilfully drew on themselves they would happily repent of when it would not be so easily remedied Briefly this Text doth not describe the right of Kings but what right they are accustomed to attribute to themselves not what by the priviledge of their places they may justly doe but what power for the satisfying of their owne lusts they unjustly usurp This will manifestly appeare from the 17. Chapter of Deuteronomy where God appoints a law for Kings Here saies Samuel the King will use his Subjects like slaves there God forbids the King to lift his heart above his brethren to wit over his Subjects whom he ought not to insult over but to cherish as his kinsmen Hee will make Chariots leavy horse-men and take the goods of private men saies Samuel on the contrary in Deutronomy he is exhorted not to multiply horse-men nor to heape up Deut. 17. gold and silver nor cause the people to returne into Aegypt to wit into bondage In Samuel we see pictured to the life wicked Ahab which 1 Kings 21. by pernitious meanes gets Naboths Vineyard there David who held it not lawfull to drinke that water which was purchased with 2 Sam. 23. 16. the danger of his Subjects lives Samuel fortels that the King demanded by the Israelites in stead of keeping the lawes would governe all according to his own fancie on the contrary God commands that his Law should by the Priests be delivered into the hands of the King to copie it out and to have it continually before his eyes Therefore Samuel being high Priest gave to Saul the royall law contained in the 17. of Deutronomy written into a book which certainly had been a frivolous act if the King were permitted to break it at his pleasure Briefly it is as much as if Samuel had said You have asked a King after the manner of other Nations the most of whom have Tyrants for their Governours You desire a King to distribute justice equally amongst you but many of them think all things lawfull which their owne appetites suggests unto them in the meane season you willingly shake off the Lord whose only will is equity and justice in the abstract In Heroditus there is a history which plainly expresses bow apt the royall governement is to degenerate into tyranny whereof Samuel so Herod l. 2. exactly forewarns the people Deioces much renowned for his justice was first chosen Judge amongst the Medes presently after to the end hee might the better represse those which would oppose justice he was chosen King and invested with convenient authority then he desired a guard after a Citadell to be built in Eebatana the principall Citie of the Kingdome with colour to secure him from conspiracies and machinations of Rebels which being effected he presently applies himselfe to revenge the least displeasures which were offered him with the greatest punishments Finally no man might presume to looke this King in the face and to laugh or cough in his
of Alexander yet he confesseth that the divinity cannot so properly be compared to to any thing of this life as to the ancient Lawes of well-governed States he that prefers the Commonwealth applyes himself to Gods Ordinance but he that leans to the Kings fancies instead of Law prefers brutish sensuality before well-ordered discretion To which also the Prophers seemes to have respect who in some places describe these great Empires under the representation of ravening Beasts But to go on is not he a very Beast who had rather have for his guide a blind and mad man then he which sees both with the eyes of the body and mind a beast rather th●n god Whence it comes that though kings as saith Aristotle for a while at the first commanded without restraint of Laws yet presently after civilized people reduced i●●●em to a lawfull condition by bi●ding them to keep and observe the Lawes and for this unruly absolute authority i● remained only amongst those which commanded over barbarons Nations He sayes afterwards that this absolute power was the next degree to plain tyrannie and he had absolutely called it tyrannie had not these beasts like Barbarians willingly subjected themselves unto it But it will be replyed that it is unworthy the majesty of Kings to have their wills bridled by Laws but I will say that nothing is more royall then to have our unruly desires ruled by good lawes It is much pitty to be restrained from that which we would doe it is much more worse to will that which we should not do but it is the worst of all to do that which the Laws forbid I hear me thinks a certain Furionius tribune of the people which opposed the passing of a Law that was made against the excesse which then reigned in Rome saying My Masters you are bridled you are idle and settered with the rude bonds of servitude your liberty is lost a Law is laid on you that commands you to be moderate to what purpose is it to say you are free since you may not live in what excesse of pleasure you like This is the very complaint of many Kings at this day and of their Mignior and Flatterers The Royall Majesty is abolished if they may not turn the kingdom tops●e turvie at their pleasure Kings may go shake their ea●es if Laws must be observed P●radventure it is a miserable thing to live if a mad man may not be suffered to kill himself when he will For what else do those things which violate and abolish Lawes without which neither Empires no nor the very Societies of free-booters Cicero I. ● ossicii can at all subsist Let us then reject these de●estable falsinesse and impious vanities of the Court-Marmonsists which make kings gods and receive their sayings as Oracles and which is worse are so shamelesse as to perswade Kings that no●hing is just or equitable of it selfe but takes its true forme of justice or injustice according as it pleaseth the King to ordain as if he were some god which could neither erre nor sinne at all Certainly all that which Gods will is iust and therefore suppose it is Gods will but that must be just with the Kings will before it is his will For it is not just because the King hath appointed it but that King is just which appoints that to be held for just which is so of it self We will not then say as Anaxarchus did to Alexander much perplexed for the death of his friend Clitus whom he had killed with his own hands to wit that Themis the Goddesse of Justice fits by Kings sides as she does by Jupiters to approve and confirme whatsoever to them 〈◊〉 seem good but rather she sits as President over kingdoms to severely chastise those Kings which wrong or violate the majesty of the Laws we can no wayes approve that saying of Thrasimacus the Chaldoncan That the profit and pleasure of Princes is the rule by which all Laws are defined but rather that right must limit the profit of Princes and the Laws restrain their pleasures And instead of approving that which that vil●ainous woman said to Caracalla that whatsoever he desired was allowed him We will maintain that nothing is lawful but what the law permits And absolutely rejecting that detestable opinion of the same Caracalla that Princes gives Laws too hers but receive none from any we will say that in all kingdomes well established the King receives the Laws from the people the wh●ch he ought carefully to consider and maintain and whatsoever e●ther by force or fr●ud he does in prejudice of them must alwayes be repu●ed unjust Kings receive Lawes from the people These may be sufficiently verified by examples Before there was a King in Israel God by Moses prescribed to him both sacred and evill Deut. 17 Ordinances which he should have perpetually before his eyes but after that Saul was elected and established by the people Samuel delivered it to him written to the end he might carefully observe it neither were the succeeding Kings received before they had sworn to keepe those Ordinances The Ceremony was this that together with the setting of the crown on the Kings head they delivered into his hands the Book of the Testimony which some understand to be the right of the people of the Land others the Law of God according to which he ought to govern the people Cirus acknowledging himself conservator of his Countries Lawes obliegeth himself to opposE any man that would offer to infringe them and at his mauguration tyes himself to observe them although some flatterers tickled the eares of his Son Cambises that all things were lawfull for him The Kings of Sparta whom Aristotle calls lawfull Princes did every moneth renew their oaths promising in the hands of the Ephori Zeneph de Reb. Laced procures for the kingdome to rule according to those Lawes which they had from Lieurgus Hereupon it being asked Archidamus the Son of Zeuxidamus who were the Governours of Sparta he answered the Laws and the lawfull Magistrates and least the lawes might grow into contempt these people bragged that they received them from heaven and that they were inspired from above to the end that men might beleeve that their determinations were from God and not from man the Kings of Egypt did in nothing vary from the tennour of the lawes and confessed that their principall ●elicity consisted in the obedience th●y yeelded to them Romulus at the institution of the Roman kingdome made this agreement with senators the people should make lawes and he would take both for himselfe and others to see them observed and kept Antiochus the third of that name King of Asia writ unto all the Cities of his 〈◊〉 of lib 5. ca. 6. kingdome T●at if the letters sent unto them in his name there were any thing found repugnant to the lawes they should beleeve they were no act of the Kings and therefore yeeld no obedience unto them
much as if the Rom 1. 35. Apostle had said that the obedience of which he speaks ought not to proceed for feare of punishment but from the love of God and from the reverence which we are bound to beare unto the word in the same sence Saint Paul enjoyneth servants in such manner to obey their Masters that it be not with eye service for feare of stripes but in singlenesse of heart fearing Col. 3. 22. God not simply to acquire the favour of men whom they may delude but to bear the burden laid on their shoulders by him whom no man can deceive In briefe there is manifest difference between these two manners of speech to obey for conscience sake and to obey in those thing which concerne the conscience otherwayes those which had much rather loose their lives with infinite torments then obey Princes which command them things contrary to the will of God would have taught us that which these seek to perswade us to Neither doe they expresse themselves Object 2 lesse impudent in that which they are accustomed to object to those which are not so well able to answer them That obedience is better than sacrifice for there is no Text in holy writ that doth more evidently confound them then this which is contained in Samuels reprehension of King Saul for 1 Sam. 15. 22. his disobedience to the Commandement of God in sacrificing unfittingly If then Saul although he were a King ought to obey God it follows in all good consequence that subjects are not bound to obey their King by offending of God Briefly those which after the barbarous manner of the men of Calcut seek to inthrall the service of God with a necessary dependance on the will of a mutable man and Religion of the good pleasure of the King as if he were some God on earth they doubles little value the testimony of holy Writ But let them at the least yet learn of a Heathen Orator That in every publique state Cicero in the first book of offic there is certain degrees of duty for those that converse and live in it by which may appear wherein the one are obliged to the other Insomuch that the first part of this duty belongs to the immortall God the second concerns the Country which is their common Mother the third those which are of our blood the other parts leading us step by step to our other Neighbours Now although the crime of High Treason be very heinous yet according l. 2. ad leg Jul. majest Digest to the Civilians it alwaies follows after sacriledge an offence which properly pertaines to the Lord God and his service insomuch that they do confidently affirm that the robbing of a Church is by their rules esteemed a greater crime than to conspire against the life of a Prince Thus much for this first Question wherein we perswade our selves that any man may receive satisfaction if he be not utterly voyd of the fear of God The second Question Whether it be lawfull to resist a Prince which doth infringe the Law of God or ruine his Church by whom how and how far it is lawfull THis Question seems at the first view to be of a high and difficult nature for so much as there being small occasion to speak to Princes that fear God On the contrary there will be much danger to trouble the ears of those which acknowledge no other Sovereign but themselves for which reason few or none have medled with it and if any have at all touched it it hath been but as it were in passing by The Question is If it be lawfull to resist a Prince violating the Law of God or ruinating the Church or hindring the restoring of it If we hold our selves to the tenure of the holy Scripture it will resolve us For if in this case it have been lawfull to the Jewish people the which may be easily gathered from the books of the Old Testament yea if it have been injoyned them I beleeve it will not be denyed that the same must be allowed to the whole people of any Christian Kingdom or Country whatsoever In the first place it must be considered that God having chosen Israel from amongst all the Nations of the Earth to be a peculiar people to him and covenanted with them that they should be the people of God This is written in divers places of Douteronomy the substance and tenor of Deut. 7. 6. 14. 2. this alliance was That all should be carefull in their severall lines tribes and families in the land of Canaan to serve God purely who would have a Church established amongst them for ever which may be drawn from the testimony of divers places namely that which is contained in the 27 Chap. of Deuteronomy there Moses and the Levites covenanting as in the name of God assembled all the people and said unto them This day Oh Israel art thou become the people of God obey you therfore his voyce c. And Moses said when thou hast passed the River of Jordan thou shalt set six Tribes on the mountain of Gerizzim on the one side and the six other on the Mountain of Eball and then the Levites shall read the Law of God promising the observers all felicity and threatning woe and destruction to the breakers thereof and all the people shall answer Amen The which was afterwards performed by Joshua at his entring into the Land of Canaan and some few days before his death We see by this that all the people is bound to maintain the law of Jos 5. 24. 24. 20. c. God to perfect his Church and on the contrary to exterminate the Idols of the land of Canaan a Covenant which can no wayes appertain to particulars but only to the whole body of the people To which also it seems the incamping of all the Tribes round about the Ark of the Lord to have reference to the end that all should look to preservation of that which was committed to the custody of all Now for the use and practise of this Covenant wee may produce examples the Inhabitants of Gabaa of the Tribe of Benjamin ravished the wife of a Levite which died through their violence Judg. 19 20. The Levite divided his wife into twelve peeces and sent them to the twelve Tribes to the end that all the people together might wipe away this so horrible a crime committed in Israel All the people met together at Mizpah and required the Benjamites to deliver to be punished those that were culpable of this enormious crime which they refused to performe wherefore with the allowance of God himselfe the states of the people with an universall consent renounce and make war against the Benjamites and by this means the authority of the second Table of the Law was maintained by the detriment and ruine of one entire Tribe which had broken it in one of the precepts For the first we have
an example sufficiently manifest in Joshua After that the Rubenites Gadites Manassites were returned into their dwellings beyond Jordan they incontinently built a goodly Alter neer unto the river this seems Jos 22 to contrary the commandement of the Lord who expresly forbids to sacrifice any where but in the land of Canaan only wherefore it was to be feared least these men intended to serve Idols This businesse being communicated to the people inhabiting on this side Jordan the place assigned for the meetings of the States was at Silo where the Arke of the Lord was They all accordingly met and Phineas the High-Priest the son of Eleazer was sent to the other to treate with them concerning this offence committed against the Law And to the end they might know all the people had a hand in this businesse they sent also the principall men of every Tribe to complain that the service of God is corrupted by this devise that God would be provoked by this rebellion and become an enemy not only to the guilty but also to all Israel as heretofore in Beelphegor Briefly that they should denounce open warre against them if they desisted not from this their manner of doing There must of necessity have followed much mischeife if those Tribes beyond Jordan had not protested that they erected that Alter only for a memoriall that the Israelites both on the one and the other side of Jordan both did and do professe one and the same Religion and at all times whensoever they have shewed themselves negligent in the maintenance of the service of God wee have seene that they have ever been punished This is the true cause wherefore they lost two battels against the Benjamites according as it appeares in the end of the booke of Judges for in so carefully undertaking to punish the rape and outrage don to a particular person they clearly convinced themselves of much negligent prophanesse in the maintenance of Gods right by their continually negligence omission to punish both corporall and spirituall whoredomes there was then in these first times such a Covenant between God and the People Now after that Kings were given unto the people there was A covenant between God the king the people 2 king 11. 17. 23. 3. so little purpose of disannulling or disbanding the former contract that it was renewed and confirmed for ever Wee have formerly said at the Inaugurating of Kings there was a double Covenant treated of to wit between God and the King and betweene God and the People The agreement was first passed between God the King and the People Or between the High-Priest the People which is named in the first place in the 23 Chapter in the 2 booke of the Chronicles and the King The intention 2 chron 23 16. of this was that the people should be the people of God which is as much as to say that the people should be the church of God we have shewed before to what end God contracted Covenants with the King Let us now consider wherfore also he allies himselfe with the people It is a thing most certaine that God hath not done this in vain and if the people had not authority to promise and to keep promise it were vainly lost time to contract or Covenant with them It may seem then that God hath done like those creditors which having to deale with not very sufficient borrowers take divers joyntly bound for one and the same sum insomuch as two or more being bound one for another and each of them apart for the intire payment of the totall sum he may demand his whole debt of which of them he pleaseth There was much danger to commit the custody of the Church to one man alone and therefore God did recommend and put it in trust to all the people The King being raised to so slippery a place might easily be corrupted for feare least the Church should stumble with him God would have the people also to be respondents for it In the Covenant of which we speak God or in his place the High-Priest are stipulators the King and all the people to wit Israel doe joyntly and voluntarily assume promise and oblige themselves for one and the same thing The High-Priest demands if they promise that the people shall bee the people of God that God shall always have his Temple his Church amongst them where he shall be purely served The King is respondent so also are the people the whole body of the people representing as it were the office and place of one man not severally but joyntly as the words themselves make cleare being incontinent and not by intermission or distance of time the one after the other L. Mortuo 22. D. de fidei com L. si non singuli C. si cert Pet. I. penult D. de duo reis 2 3. sect 1. D. eodem We see here then two undertakers the King and Israel which by consequent are bound one for another and each for the whole For as when Cajus and Titius have promised joyntly to pay to their Creditor Seius a certaine sum each of them are bound for himselfe and his companion and the Creditor may demand the sum of which of them he pleaseth In the like manner the King for himselfe and Israel for it selfe are bound with all circumspection to see that the Church be not damnified if either of them be negligent of their Covenant God may justly demand the whole of which of the two he pleaseth and the more probably of the people then of the King and for that many cannot so easily slip away as one and have better meanes to discharge the debts then one alone In L. cum pos D. de censib ibi doct●res like manner as when two men that are indebted especially to the publike Exchequer the one is in such manner bound for the other that he can take no benefit of the division granted by the new Constitutions of Justinian So likewise the King and Israel promising to pay tribute to God which is the King of Kings for accomplishment whereof the one is obliged for the other And as two Covenanters by promise especially in contracts the obligation whereof exposeth the Obligees to forfeitures and hazards such as L. cum apparebit D. locati L. si divisa C. eodem this is here the failings of the one indammageth the other so that if Israel forsake their God and the King makes no account of it he is justly guilty of Israels delinquency In like manner if the King follow after strange gods and not content to be seduced himself seeks also to attract his Subjects endevouring by all means to ruine the Church if Israel seek not to withdraw him from his rebellion and contain him within the limits of obedience they make the fault of their King their own transgression Briefly as when there is danger that one of the debtors by consuming his goods may
if the one must needs be done it were much better to forsake the King then God or with S. Augustine in his fourth book of the Citie of God chap. 4. and in the nineteenth book and chapter the 21. That where there is no Justice there is no Common-wealth That there is no Justice when he that is a mortal man would pull an other man out of the hands of the immortal God to make him a slave of the devil seing that Justice is a vertue that gives to every one that which is his own and that those which draw their necks out of the yoke of such Rulers deliver themselves from the Tyrannie of wicked spirits and abandon a multitude of robbers and not the Common-wealth But to re-assume this discourse a little higher those which shall carry themselves as hath been formerly said seem no waies accusable of the crime of revolt Those are said properly to quit the King or the Common-wealth which with the heart and purpose of an Enemy withdraw themselves from the obedience of the King or the Commonwealth by means whereof they are justly accounted adversaries and are oftentimes much more to be feared then any other enemies But those of whom we now speak do nothing resemble them First they do in no sort refuse to obey provided that they be commanded that which they may lawfully L 5. D. de cap. minut do and that it be not against the honour of God They pay willingly the Taxes Customs Imposts and ordinary payments provided that with these they seek not to abolish the tribute which they ow unto God They obey Caesar while he commands in the quality of Caesar but when Caesar passeth his bounds when he usurps that Dominion which is none of his own when he endeavours to assail the Throne of God when he wars against the soveraign Lord both of himself and the people they then esteem it reasonable not to obey Caesar and yet after this to speak properly they do no acts of hostility He is properly an enemie which stirs up which provokes another which out of military insolencie prepareth and seteth forth parties to war They have been urged and assailed by open war and close and trecherous surprisalls when death and destruction environs them round about then they take armes and wade their enemies assaults you cannot have Place with your enemies when you will for if you lay down your weapons if you give over making Warre they will not for all that disarme themselves and loose their advantage But for these men desire but place and you have it give over but assayling them and they wil lay down their Armes cease to fight against God and they will presently leave the lists will you take their Swords out of their hands absteyne you only then from stricking seeing they are not the assaylants but the defendants sheath your Sword and they will presently cast their Buckler on the ground which hath been the reason that they have been often surprized by perfideous atribuscadoes whereof these our times have afforded over frequent examples Now as we cannot call that servant stuborne or a fugitive which puts by the blow which his Lord stricks at him with his Sword or which withdrawes or hides himselfe from his Masters fury or shuts his Chamber dore upon him untill his cole● land heate be passedover much lesse ought we to esteeme those seditions which holding the name and place of Servants and subjects shut the gates of a City against their Prince transported with anger being ready to do all his just Commanddements after he hath recovered his judgement and related his former indignation we must place in this rank David Commander of the Army of 1 Sam. 21. 22. 2 Sam. 25. 28. Israel under Saul a furious King David oppressed with Calumnies and false Taxations watched and way-layed from all parts he retired unto and defended himselfe in unaccessible Mountaines and provided for his defence to oppose the walles of Ceila against the fury of the King yea he drew unto his party all those that he could not to take away Saules life from him as it plainly appeared afterwards but to defend his own Cause see wherefore Ionathan the Sonne of Saul made no difficulty to make alliance with David and to renew it from time to time the which is called the Alliance of the Almighty And Abbigall saith in expresso words that David was wrongfully assayled and that he made the War of God We must also place in this rank the Machabees which having Macha 6. 60. c. good meanes to maintaine Warres were content to receive peace from King Demetrius and others which Antiochus had offered them before because by it they should be secured in the free profession and exercise of their Religion We may remember that those which in our times have fought for true Religion against Antichrist both in Germanie and France have laid down Armes as soone as it was permitted them to serve God truely according to his Ordinance and oftentimes having fayre meanes and occasion to advance and continue the War to their much advantage as had David and the Machabees where the Philistins constrained Saul to leave David to looke to his own defence and those Cloudes of neighbouring enemies in Antiochus saw ready to dissclue upon his head hindered him also from further pursuing the Machabees See then the markes which distinguish and separate sufficiently those of whom we speak from Rebels or seditions But let us yet see other evident Testimonies of the equity of their cause for their defection is of that nature that take but away the occasion if some extreame necessity compell not the contrary they presently return to their former condition and then you cannot properly say they separated themselves from the King or the Communality but that they left Ioram and Antiochus or if you will the Tyranny and unlawfull power of one alone or if divers particulers which had no authority nor right to exact obedience in the same manner as they commanded The Sorbonists Doctors have taught us the like sundry times whereof we will alledge some examples About the year 1300. Pope Boniface the 8 seeking to appropriate to his Annales Franciae Archiva Camerae Ratiocimorum Lutetiae Sea the copalties that belonged to the Crown of France Philip the faire the then King doth taunt him somwhat sharply the tenor of whose care letters are these Philip by the Grace of God King of the French to Boniface calling himselfe Soveraign Bishop little or no health at all Be it known to the great foolishnesse and unbounded rashnesse that in temporall matters we have only God for our superiour and that the vacancy of certain Churches and pretends belongs to us by copall prerogative and that it appertaines to us onely to gather the fruites and wee will defend the possession thereof against all opposers with the edge of our Swords accounting them fooles and without braynes that hold
Neh. 11. 9. some principall man chosen out of that Tribe as also in the City of Ierusalem there was a Governour chosen out of the Tribe of Benjamin residing there This will appear more manifest by examples Ieremy sent by God to denounce to the Jewes the destruction of Ierusalem was therefore condemned first by the Priests and Prophets in whose hands was ●or 16. 9 〈◊〉 the Ecclesiasticall jurisdiction afterwards by all the people of the City that is by the ordinary Iudges of Ierusalem to wit the Milleniers and the Centurions Finally the matter being brought before the Princes of Iuda who were the 71. Elders assembled and set neere to the new Gate of the Temple he was by them acquitted In this very Assembly they did discreetly condemn in expresse terms the wicked and cruell act of the King Ichoiakin who a little before had caused the Prophet Vriah to be slain who also fore-told the destruction of Ierusalem We read in another place that Ledechias held in such reverence the authority of this Councel that he was so far from delivering of Ieremy 〈◊〉 37. 38. from the dungeon wherein to the 71. had cast him that he durst scant remove him into a lesse rigorous prison They perswading him to give his consent to the putting to death the Prophet Ieremy he answered that he was in their hands and