Italy both calling and bearing themselves as 〈◊〉 And the Germanes elected Arnolph Duke of Bavaria for their Emperour Thus Zeno the Emperour dying without any Heire that might succeed him Anastasius a man of great reputation yet of no Noble Family was chosen his Successor by the Senate and Legions The like we reade of divers other Emperours deceasing without Heire of some of our Saxon and British Kings before the Conquest and of other in Castile Aragon other Kingdomes where the Crowne hath beene translated from one Family to another by the Kingdomes consent for want of Heires Duardus Nonius Leo a learned Portugall Lawyer informes us That Ferdinand King of Portugall dying without any lawfull Heire lineall or collaterall as they beleeved the Estate of that Kingdome assembling at Coimbre elected Iohn a bastard for their King upon this very ground specified in their decree of his Election That King Ferdinand dyed without any lawfull issue or kindred UNDE JURE GENTIUM Whence BY THE LAW OF NATIONS they affirmed it to BE LAWFULL FOR THE PEOPLE TO CHUSE A KING OR GOVERNOUR WHOM THEY PLEASED Beleeving therefore that they had returned to that state WHEREIN BY THE LAW OF ALL NATIONS THEY MIGHT CREATE THEM A KING namely the kingdome being voyd without an Heire They said they might lawfully elect Iohn a most valiant man and one who best deserved of the Common-weale to be their King he being begotten of the stocke of the Kings of Portugall Thus this whole Parliament at Coimbre and this Lawyer there and elsewhere affirmes THAT BY THE LAW OF ALL NATIONS if the King in an Hereditary Kingdome die without Heire THE PEOPLE MAY LAWFULLY ELECT WHOM THEY PLEASE FOR THEIR KING as they do in all elective Realmes Which Ioannes Mariana de Rege Regis Instit. l. 1. c. 3 4. doth likewise averre The reason is Because the whole kingdome and people are the originall supreame Soveraigne power by whose common consent and Authority all lawfull Kings kingdomes and Royalties were at first created and instituted and from whom they derived all their regall Iurisdiction And therefore as all Mesnalties Tenancies and Fees by the deaths of their Tenants without heire returne by way of Escheate to those Lords and Sergniories by whom they were originalâ—y created and all politique Corporation Lands as Abbies Prioies Bishopricks Hospitals and the like by the dissolution of those Corporations by death or otherwise returne to the first founders of them as all Rivers run into the Sea out of which they primitively issue So all successive kingdomes by the selfe same reason upon the Kings decease without any lawfull heires to inherit or succeed them must by all Law right equity revert to the dispose and dominion of all the People of the Realme or to the representative Body thereof the Parliament as to the Supreame Lords and Founders of it from and of whom the King himselfe doth hold the Crowne if I may so speake by those regall duties and services expressed in generall in his Coronation Oath which he takes to all his people and if he die his Heire to the Crowne being within age the Parliament and kingdome as the Soveraigne Lord and power may and usually doth appoint a Guardian and Lord Protector over him as I have elsewhere proved till his maturity to discharge his regall Trust and duty to his people in his name and stead Hence Hugo Grotius in his Booke de Iuâ—e Belli Pacis r. 2. c. 9. sect 8 9 10 11. concludes That if an elective King dye or 〈◊〉 King decease without any knowne heire to succeed him the Empire or Soveraignty 〈…〉 in the King as Head returnes unto and remaines in the people as in the intire body which continues the same it was before And therefore in such cases they may either create a new King if they please as in elective kingdomes or divide the kingdome into parts and erect a new Empire as the Romans Germans and Persians did or change the Government the people in this case being Sui juris having the raines of Government in their owne hands as at first before they erected an hereditary Monarchy to order and dispose of the government as they shall thinke meete it being a thing which in its owne nature is not capable of an Occupancy nor seisible by any unlesse the people will voluntartly desert their owne liberty none having authority to usurpe a regency over them in such a case but by their free assents Upon which ground he holds with Cynus and Raynorius That if the Roman Emperour or any other King by like reason be sicke or taken prisoner so as he cannot administer the government the people of Rome may create and appoint him a Vice-roy to governe them the power of the Emperour and the most absolute Monarch being onely a power of Administration for the peoples good and service not of dominion for his owne profit of which none but the people can dispose as Abberius Gentilis proves at large Yea Bishop Bilson himselfe though a great Royalist positively affirmes That if a King or right Heire to any Crowne be borne or becomes a naturall Foole or starke mad or run besides himselfe so that he is not able to governe himselfe much lesse his Realme in these two cases ANY REALME BY PUBLICKE CONSENT and ADVICE MAY CHUSE ANOTHER KING for what should he doe with a Royall Office or by what divine or humane right can he enjoy a Crowne who is utterly unable to manage it Upon this ground King Childerick was deposed by his French and German Subjects generall consents because he was a fool a Sot a Beast unable to govern his Kingdom and Pepin of another race elected and crowned King in his stead which act by Pope Zacharies resolution was adjudged both just and lawfull even in point of conscience before it was put in execution So Charles the third the last Emperour of Pepins race was deposed from the Empire by the Princes Dukes and Governours of the Provinces of Germany and France for that he became foolish and unfit to govern being bereaved of his senses and by common consent Arnolph was elected Emperour in his stead Thus Iustinus the second falling into a frenzie and madnesse so that he had no sense nor understanding of any thing that was done was removed and Tiberius placed in the Empire at his Coronation Iustinus used this notable speech Let not the glory of these Imperiall robes lead thee into errour neither be thou deceived with the glorious shew of such things as are subject unto the senses wherewith I my self now alas beig snared have brought my self foolishly into grievous torments Wherefore in governing the Empire with great moderation and mildnesse of spirit redresse what is amisse and correct what I have lewdly committed And pointing at his ill Counsellors with his finger he said Thou must in no wise be ruled
man for the City Ierusalem was chosen out of the Tribe of Benjamin This will be made more evident by examples Ieremie being sent by God to denounce the overthrow of the City Ierusalem is for this first condemned by the Priests and Prophets that is by the Ecclesiasticall judgement or Senate after this by all the People that is by the ordinary Iudges of the Citie to wit by the Captains of thousands and hundreds at last by the Princes of Iudah that is by the 71 men sitting in the new Porch of the Temple his cause being made known he is acquitted Now they in that very judgement expresly condemn King Iehoiakim who a little before had most cruelly slain the Prophet Uriah threatning like things Also we reade elsewhere that King Zedekiah did so much reverence the Authoritie of this Sanhedrin that he durst not free the Prophet Jeremie thrust by these 71 men into a filthy prison but likewise scarce dared to translate him into the Court of the Prison from thence yea when they perswaded him to consent to Jeremiah his death he answered that he was in their hands and that he could not contradict them in any thing Yea he fearing lest they should enquire into the conference which he privately had with Ieremie as if he were about to render an account of the things which he had spoken forgeth a lie Therefore in this Kingdom the States or Officers of the Kingdom were above the King I say in this Kingdome which was instituted and ordaintd not by Plato or Aristotle but by God himself the Author of all order and the chiefe institutor of all Monarchyâ— Such were the seven Magi in the Persian Empire the Ephori in the Spartan Kingdom and the publike Ministers in the Egyptian Kingdome assigned and associated to the King by the People to that onely end that He should not commit any thing against the Lawes Thus and much more this Author together with Con. Super antius Vasco who published this Treatise to all pious and faithfull Princes of the Republike giving large Encomiums of its worth as also the Author of the Treatise De Iure Magistratus in Subditos p. 253 254 255 256. 268 to 275. whose words for brevity I pretermit Bp. Bilson in his forecited passages and Hugo Grotius De Iure Belli pacis l. 1 c 3. sect 20. p. 63 64. where he confesseth That if the King of the Israelites offended against the Lawes written concerning the Office of a King he was to be scourged for it and that the Sanhedrin had a power above their king in some cases Finally the Kings of Israel and Iudah were not superior to nor exempted from the Lawes but inferiour to and obliged by them as well as Subjects This is evident not onely by the premises but by sundry impregnable Texts As Deut. 17. 18. 19. 20. where God himselfe in the very description of the office and duty of their King prescribes this in direct termes as a part of his duty And it shall be when He sitteth on the Throne of this Kingdome that he shall write him a Copy of This Law in a Booke out of that before the Priestâ— and Levites And it shall be with Him and He shall read therein All the dayes of his life that he may learn to feare the Lord his God To kéep all the words of the Law and these Statutes to doe them that his heart be not lifted up above his brethren and that He turn not aside from the Commandement to the right hand or to the left seconded by Iosh. 7. 8. This Booke of the Law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou maist observe to doe according to all that is written therein turne not to it from the right hand or to the left for then thou shalt make thy way prosperous and then thou shalt have good successe Hence it was that as soon as ever Saul was elected and made King by Samuel and the people he being the first of their Kings Samuel told the people the manner of the Kingdom and wrote it in a Booke and laid it up before the Lord which Booke contained not the exorbitances and oppressions that their Kings would exercise over them mentioned in the 1 Sam. 8. 11. to 19. as Iosephus mistakes but as Petrus Curaeus and others more rightly observe the Law of God concerning Kings prescribed by him Deut. 17. 14. to the end and such Lawes which commanded Kings to use Iustice and equity to govern the Common-wealth well for the peoples benefit to abstaine from fornication and lusts to retain modesty in a great fortune c. Hence Samuel enioyned both Saul and the People to feare the Lord and serve him and obey his voyce and follow him and not rebell against his Commandement c. 1 Sam. 12. 14 15. 20. to 25. Hence King David did alwayes meditate in the Law of God day and night accounting it more deare unto him then thousands of Gold and silver And withall pronounceth from Gods own mouth The God of Israel said the Rocke of Israel spake to me he that ruleth over men must be just ruling in the feare of God Hence the Qu. of Sheeba used this speech to king Solomon Because the Lord loved Israel for ever therefore made he thee King what to domineere at his pleasure no verily but To doe Iudgement and Iustice. Vpon this ground King Iosiah made a covenant before the Lord to walke after the Lord And to kéep his Commandements and his testimonies and his statutes with all his heart and with all his soul And King Asa with other Princes and Governors did the like as the premises evidence From all which and infinite other Scriptures obliging Kings to reign in righteousnesse to doe justice and judgement to all and reprehending them exceedingly for their injustice tyranny oppressions idolatries and other sinnes it is iâ—â—efragable that their kings were as much if not more obliged to keep both Gods and the kingdomes Lawes as the Subiects and had no arbitrary power to doe what they pleased All that is or can be colourably obiected to the contrary to prove the kings of Israel absolute Monarchs exempt from Lawes and paramount their Sanhedrin or people collectively considered is First that passage of Psal. 51. 4. where king David confessing his sinnes of Adultery and Murther to God useth this expression Against thee Thee onely have I sinned and done this evill in thy sight Of which Hierom renders this reason Quod Rex erat alium non timebat alium non habebat super se which Ambrose thus seconds Rex erat Nullis ipâ—e legibus tenebatur quia liberi sunt Reges a vinculis delictorum Neque enim ullis ad poenam vocantur legibus Tuti Imperii potestate Homini ergo non peccavit cui non tenebatur obnoxius Arnobius Cassiodor adde De populo si quis erraverit Deo peccat Regi
the Venetians by pretext of a certain imaginary adoption which without force had been plainly ridiculous to have taken the Kingdom of Cyprus Nor yet doth the Donation of â—onstantine to Pope Sylvester hinder for this Chaffe seemed absolete long since to Gratian and is damned to the fire Not the donation of Lewes the godly to Pasâ—hall to wit of Rome with part of Italy because Pius gave that which he possessed not and no man resisted But Charles his Father willing to subject the Realm of France to the German Empire the French resisted him by law and if he had gone further they prepared to resiâ—â— by force Not that Solomon as we read delivered twenty cities to Hiram King of Tyre for he did not give them but pawned them as a Creditor till he paid him and within a short time recovered them which appears out of the Text Moreover also they were barren grounds tilled by Reliques of the Heathens which he receiving again from Hiram gave them at last to the Israelites to be tilled and inherited Neither can this more hinder that in certain Kingdoms this condition perchance doth not so expresly intervene betweene the King and his people for albeit it were not at all yet it appears by the law of Nations that Kings are not subverters but Moderators of the Republike that they cannot change the right of the Commonwealth by their pactions that they are Lords onely when they take care of their Pupils that they are to be accounted no other then Guardians and that he is not to be esteemed a Lord who spoils the City with liberty and selleth it like a slave Not finally that certain Kingdoms are gained by Kings themselves for they acquired not Kingdoms by their owne but by publike hands forces treasures now nothing is more consonant to reason then that those things which are gotten by the publike riches and common dangers of the Citizens should not be alienated without common consent which holds place even amongst Theeves themselves he destroyeth humane society who doth the contrary Therefore though the French have by force seized on the German Empire and they also on the Realm of France yet the same law holds in both In sum at last we ought to determine that Kings are not Proprietors nor Fructuaries but onely Administratours and since it is so that verily they can much lesse attribute to themselves the propriety and profits of every mans private Estate or of the publike wealth which belongeth to every Town Thus and much more this accute learned Lawyer to the conviction and refutation of all opposite Ignoramusses in this case of grand concernment which will put a period to our unhappy controversies concerning the Militia formerly discussed without further debate Eighthly That Emperours and Kings are most solemnly obliged by a Covenant and Oath usually made to and before all the people at their Coronations to preserve their peoples lawes liberties lives estates by breach whereof in a wilfull excessive manner they become perjured Tyrants and the people and Magistrates are in some sort thereby absolved from their Allegiance and all obedience to them This is evidently and plentifully confirmed by the forecited Coronation Oathes and Covenants of our own English Kings to their subjects by De Iure Magistratus in Subditâ—s qâ—aest 10. p. 321. 322. and quaest 6. p. 260. to 300. Andrew Favine his Theatre of Honour lib. 2. c. 11. 24. Francisci Hotomani Franco-gallia cap. 6. 10. c. Hugo Grotius de Iure Belli Pacis 1. 2. c. 13. 14. Pontifiâ—ale Romanum Rome 1611. fol. 162. 163. Descriptio Coronationis Maximiliani Imperatoris Anno 1486. inter rerum German Scriptores Tom. 3. p. 32. Olaus Magnus de Gent. Septentrionalibus Hist. l. 14. c. 6. Laur Bochellus decreta Ecclesiae Gallicanae l. 5. Tit. 2. c. 1. p. 703. M. Iohn Seldens Titles of Honour part 1. ch 8. sect 5. p. 198. 214. 225. 226. where the Coronation Oathes of the Emperour French King of all the Northern Kings and of most Elective and Successive Kings and Queens to their Subjects are at large recorded Alhusius Polit. c. 4. Iustus Eccardus de Lege Regia Thomas Aquinas de Reg. Principis c. 6. 2. qu. 2 ae 12. art 2. Iohn Ponet Bishop of Winchester in his Politicall Government Arnisaeus de Authoritate Principum p. 50. to 123. Sparsim Vesquius contro Illustr passim Ioannis Mariana de Rege Regis Instit. l. 1. c. 6. 7. 9. Georg. Bnchanon de lure Regni apud Scotos Simancha Pacensis de Catholica Instit. Tit. 23. n. 11 p. 98. Franciscus Tolletus in summa l. 5 c. 6. Huldericus Zuinglius Explan Artic. 40. 41. 42. And to omitall others Iunius Brutus in his Vindiciae contra Tyrannos quaest 3. p. 156. to 167. with whose words I shall fortifie and irradiate this position We have said that in constituting a King a double Covenant is entred into the first between God the King and people of which before the second between the king and the people of which we are now to treat Saul being ordained king the royall law was delivered to him according to which he should rule David made a Covenant before the Lord in Hebron that is calling God to Witnesse with all the Elders of Israel who represented all the people and then at last he was annointed king Ioas also made a Covenant with all the people of the land in the house of the Lord Iehoiada the high Priest going before them in words Yea the testimony is said to be imposed on him together with the Crown which most interpret the Law of God which every where is called by that name Likewise Iosiah promised that he would observe the Precepts Testimonies and Statutes comprized in the book of the Covenant by which names we understand the Lawes which appertained as well to piety as to justice In all which places of Scripture a Covenant is said to bee made with all the people the whole multitude all the Elders all the mâ—n of Iudah that we may understand which is likewise severally expressed not onely the Princes of the Tribes but likewise all the Chiliarkes Centurions and inferior Magistrates were present in the Name of the Cities which every one a part by themselves made a Covenant with the king In that Covenant they consulted of creating the king for the people did make the king not the king the people Therefore there is no doubt but the people made the Covenant and the King promised to perform it Now the part of him that makes the Covenant is reputed the better Law The people demanded of the King whether he would not rule justly and according to the Lawes Hee promised that he would doe so wherupon the people answered That hee reigning justly they would faithfully obey him Therefore the King promised obsolutely the people but upon condition which if it were not fulfilled the people by the Law it selfe should bee reputed absolved from all obligation
THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Divided into FOVRE PARTS Together with AN APPENDIX Wherein the Superiority of our owne and most other Foraine Parliaments States Kingdomes Magistrates collectively considered over and above their lawfull Emperours Kings Princes is abundantly evidenced confirmed by pregnant Reasons Resolutions Precedents Histories Authorities of all sorts the contrary Objections re-felled The Treachery and Disloyalty of Papists to their Soveraignes with their present plots to extirpate the Protestant Religion demonstrated And all materiall Objections Calumnies of the King his Counsell Royallists Malignants Delinquents Papists against the present Parliaments proceedings pretended to be excceding Derogatory to the Kings Supremacy and Subjects Liberty satisfactorily answered refuted dissipated in all parâ—iculars By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Gal. 5. 1. Stand fast therefore in the Liberty wherewith Christ hath made you free and be not intangled againe with the yoke of bondage Psalm 2. 10 11. Be wise now therefore Oye Kings be instructed ye Iudges of the earth serve the Lord in feare and rojoyce with trembling It is this second day of August 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke Intituled The Soveraigne power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. TO THE Right Honourable Lords Commons Assembled in and continuing Constantly with this present PARLIAMENT both in Person and Affection ETernally Renowned Senators and most cordiall Philopaters to Your bleeding dying dearest Country from which no menacing Terrors of armed Adversaries nor flattering Promises of hypocriticall Court-friends could hitherto divorce your sincerest Affections and withdraw your undefatigablest Industries in the least degree to its betraying or enslaving I here humbly prostrate to your most mature Iudgements and recommend to your Highest Noblest Patronage this Quadruple Discourse OF THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES now at last compacted into one intire Body though formerly scattered abroad in dismembred Parts rather out of necessity to gratifie others then conveniency to content my selfe in which as Your Honours have the greatest Interest so it is just and equall You should enjoy the absolutest Propriety being compiled by Your Encouragement Printed by Your Authority published for Your Iustification to vindicate your indubitable ancient Soveraign Priviledges from the unjust Detractions Your legall necessary late Proceedings from the malicious false unjust Aspersions of those Royallists Malignants intemperate Pens Tongues Who like naturall bruite beasts made to be taken and destroyed speake evill of the things they understand not and shall perish in their owne corruption Cursed children who have forsaken the right way and are gone astray following the way of Balaam the sonne of Bosor who loved the wages of unrighteousnesse but was rebuked for his iniquity I must ingenuously confesse that the Subject matter and grand publicke Differences betweene King Parliament yea betweene most Kings and Kingdomes in the world herein debated are of such an extraordinary rare transcendent nature of such infinite universall consequence weight concernment yea so full of dangerous Precipes Rockes if not inextricable difficulties on either hand as might justly require not onely one person of the exquisitest judgement Heroicallest Spirit greatest experience deepest Policy absolutest abilities vastest knowledge in all kindes of Learnings States Governments and most exempt from all other imployments that might interrupt him in these kindes of Studies but even an whole Parliament or Oecumenicall Councell of the most experienced ablest learnedest wisest Statists in the Universe and many yeares most advised consideration exactly to ventilate and determine them Which consideration might have justly daunted yea quite deterred me the meanest of ten thousand furnished with no competent abilities and having scarce one vacant houre but what I have borrowed from my naturall rest to accomplish so vast an undertaking from this most difficult weighty publicke service sufficient to sinke the strongest Hercules if not Atlas himselfe the worlds supporter But yet the Goodnesse the Commonnesse of the Cause which concernes our whole three Kingdomes Parliaments Religion and every one of our well-beings in this present world the deare affection I beare to my native Country Religion Posterity Parliaments and your Honours the defect of other Advocates to plead this publicke Cause seconded with the private earnest intreaties which were as so many Commands to me of some Members of Your Honourable Assembly to undertake this weighty taske their authorizing my rude Collections for the Presse were such strong exciting ingagements to me to undertake this difficult imployment that I chose of two extreames rather to discover mine owne insufficiency in an impotent speedy discharge of this great service so farre transcending my weake indowments than to shew any want of sincerity or industry in deserting this grand Cause in a time of need It beeing one chiefe Article of my beliefe ever since I first read the Scriptures and Tullies Offices That I was principally born for my Countries good next to Gods glory involved in it Upon which ground I have ever bent all my Studies to promote it what I might though to my particular losse and disadvantage The sole end I aime at in these Treatises is the re-establishment of my bleeding expiring Countries endangered Liberties Priviledges Rights Lawes Religion the curing of her mortall wounds the restauration of her much desired Peace in truth and righteousnesse the supportation of Parliaments the onely Pillars Bulwarkes of our Church State Lawes Liberties Religion in their perfect lustre and full Soveraigne Authority the removall of those present grievances differences Warres arising principally from ignorant or wilfull mistakes of the Parliaments just Priviledges and the Kings due Prerogatives which threaten present ruine to them all for whose future prosperity security I could with Moses and Paul heartily wish my selfe to be blotted out of the Booke of life and to be accursed from Christ neither count I may life limbes liberties or any earthly comforts deare unto me so I may any wayes promote Gods glory and the publike welfare And certainely had the most of men in publike places but Heroicke publike Spirits as I make no doubt all Your Honours have byassed with no private Interests or base selfe-respects studying nothing but the common-good our present unnaturall warres would soone be determined our greatest differences easily reconciled our foraine Irish French Walloon Popish Forces brought in to cut our English Protestants and their Religions throats before our faces at which horrid spectacle I wonder all English spirits rise not up with unanimous indignation in stead of joyning with them easily expulsed our remaining Grievances speedily redressed our disordered Church Reformed our Pristine Peace and Prosperity restored yea entayled to us and our Posterities for ever whereas the private selfe-ends selfe-interests of some ambitious covetous malicious treacherous timerous publicke persons who serve no other Deity Majesty or
subject to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater than he in the Kingdome in the exhibition of Justice yet he OUGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING JUDGEMENT if he require it That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a King cannot doe any thing else in earth seeing he is Gods Minister and Vicar nisi id solum quod de jure potest but that onely which he can doe by Law That God the Law and his Court to wit the Earles and Barons in Parliament are above the King and ought to bridle him and are thence called Comites because they are the Kings Companions Fleta an ancient Law-booke written in King Edward the third his Reigne l. 3. c. 3. 17. useth the selfe-same words that Bracton doth and concludes That the King hath a Superior to wit God and the Law by which he is made a King and his Court of Earles and Barons to wit the Parliament Fortescue a Lawyer Chancellour to King Henry the sixt proves at large That the King of England cannot alter nor change the Lawes of his Realme at his pleasure for why be governeth his people by power not onely Royall but Politique If his power over them were royall onely then he might change the Lawes of his Realme and charge his Subjects with tallage and other burthens without their consent and such is the Dominion the Civill Lawes purport when they say The Princes pleasure hath the force of a Law But from this much differeth the power of a King whose Government over the people is Poâ—itique For HE CAN NEITHER CHANGE the LAW without the consent of his Subjects NOR YET CHARGE THEM WITH STRANGE IMPOSITIONS AGAINST THEIR WILL. Wherefore his people doe frankely and freely enjoy and recover their owne goods BEING RULED BY SUCH LAWES AS THEMSELVES DESIRE neither are they pilled off their their owne King or any other Like pleasure also should the Subjects â—ave of a King ruling onely by Royall power sol ong as he falleth not into tyranny St. Thomas in the Booke he wrote to the King of Cyprus justifieth the State of a Realme to be such that it may not be in the Kings power to oppresse his people with tyranny which thing is perfomed onely when the power Royall is restrained by power Politique Rejoyce then O Soveraigne Prince and be glad that the Law of the Realme wherein you shall succeed is such for it shall exhibit and minister to you and your people no small security and content Chap. 10 11 12. He showes the different sorts of Kings or kingdomes some of greater others of lesser power some elective others successive proceeding meerely from the peoples free consents and institution and that the ancient Aegyptian Aethiopian and other Kings were subject to and not above their Lawes quoting sundry passages out of Aristotle concerning the originall of kingdomes Chap. 13. He proceeds thus A People that will raise themselves into a kingdome or other Politique body must ever appoint one to be chiefe Ruler of the whole body which in kingdomes is called a King In this kinde of Order as out of an Embryo ariseth a body naturall ruled by one head because of a multitude of people associated by the consent of Lawes and communion of wealth ariseth a kingdome which is a body mysticall governed by one man as by an head And like as in a naturall body the heart is the first that liveth having within it blood which it distributeth among the other members whereby they are quickned semblably in a body Politique THE INTENT OF THE PEOPLE is THE FIRST LIVING THING having within it blood that is to say Politique provision for the Utility and wealth of the same people which it dealeth forth and imparteth AS WELL TO THE HEAD as to the Members of the same body whereby the body is nourished and maintained c. Furthermore the Law under which a multitude of men is made a people representeth the forme of sinews in the body naturall because that like as by sinews the joyning of the body is made sound so by the Law which taketh the name a Ligando from binding such a Mysticall body is knit and preserved together and the members and bones of the same body whereby is represented the soundnesse of the wealth whereby that body is sustained doe by the Lawes as the naturall body by sinewes retaine every one their proper function And as the head of a body naturall cannot change his Sinewes nor cannot deny nor with-hold from his inferiour members cheir proper powers and severall nourishments of blood SO NEITHER CAN THE KING who is the head of the Politique body CHANGE THE LAWES OF THAT BODY nor with-draw from the said people THEIR PROPER SUBSTANCE AGAINST THEIR WILLS OR CONSENTS For such a King of a kingdome politique is made and ordained for THE DEFENCE OF THE LAWES OF HIS SUBJECTS and of their bodies and goods WHEREUNTO HE RECEIVETH POWER OF HIS PEOPLE SO THAT HEE CANNOT GOVERNE HIS PEOPLE BY ANY OTHER LAW Chap. 14. be addes No Nation did ever of their owne voluntary minde incorporate themselves into a kingdome FOR ANY OTHER INTENT BUT ONELY TO THE END that they might thereby with MORE SAFETY THEN BEFORE MAINETAINE THEMSELVES and enjoy THEIR Goods free from such misfortunes and losses as they stood in feare of And of this intent should such a Nation be defrauded utterly IF THEIR KING MIGHT SPOYLE THEM OF THEIR GOODS WHICH BEFORE WAS LAWFULL FOR NO MAN TO DOE And yet should such a people be much more injured if they should afterwards be governed by Foraine and strange Lawes and such peradventure as they deadly hated and abhorred and most of all if by those Lawes their substance should be diminished for the safeguard whereof as also for their honour and of their owne bodies THEY OF THEIR OWNE FREEWILL SUBMITTED THEMSELVES TO THE GOVERNEMENT OF A KING NO SUCH POWER FREELY COULD HAVE PROCEEDED FROM THEM and yet IF THEY HAD NOT BEENE SUCH A KING COULD HAVE HAD NO POWER OVER THEM And Chap. 36. f. 86. He concludes thus The King of England neither by himselfe nor his Ministers imposeth no Tallages Subsidies or any other burthens on his Lieges or changeth their Lawes or make new ones without the concession or assent OF HIS WHOLE KINGDOME EXPRESSED IN HIS PARLIAMENT Thus and much more this Learned Chancellour in point both of Law and Conscience sufficient to stop the mouthes of all Malignant Lawyers and Royalists being Dedicated to and approved by one of our devoutest Kings and written by one of the greatest and learnedest Officers of the Kingdome in those dayes In few words Raphael Holinshed Iohn Vowell and others in their Description of England Printed Cum Privilegio resolve thus of the Parliaments power This House HATH THE
Salamonius an incomparable learned Roman Civilian hath largely proved in his six Bookes De principatu purposely written to refuâ—e the contrary common error where he writes First that the Roman Emperors were created and constituted onely by the Senat and people and that the Creature should be superiour to the Creator the child to the parent is absurd Secondly that the Emperours were but the Senates and peoples publike servants therefore they were their Lords and not inferiour but superiour to their servants Thirdly that they were subordinate and inferiour to the Lawes made by the Senate and people and bound by all their Lawes but such as the Senate and people did by speciall Acts exempt them from Fourthly that the people and Senate did by speciall Lawes create limit enlarge or abridge their Emperours power and jurisdiction as they saw cause giving sometimes more or lesse jurisdiction to one Emperour then another which they could not justly doe were they not the highest Soveraigne power Finally he proves it by the very Lex Regia it selfe which because rare and unknowne to most I shall here recite to informe and reforme our ignorant Court Doctors Lawyers with Salamonius his observations from it Lex Regia was not onely one single Law There was not one Law for all Emperours but it was revived for every Emperour yet not with the same conditions The brasse Table which yet hangeth in the Lateran Church proves that the Royall Law was accustomed to be altered in every Princes reigne AT THE PLEASVRE OF THE ROMAN PEOPLE for it is part of the Royall Law of the Empire of Vespatian that it should be altered which had beene voyd if from the beginning of the Empire a perpetuall Law had beene made for all successors the words of the Law are these Faedusve â—um quibus volet facere ita ut licuit Divo Augusto Tyber Iulio Caesari Aug. Tyherioque Claudio Iulio Caesari Aug. Germanico Vtique eum Senatum habere relationem facere remittere Senatus consulta per relationem discessionemque facere licâ—at ut licuit Divo Augusto Tibâ—rio Iulio Caesari Augusto Tyberio Claudio Caesari Augusto Germanico Vtique quum ex voluntate auctoritateue jussu mandatione ejus praesenteve eo Senatus habebitur omnium rerum jus perinde habeatur servetur ac si elege Senatus edictus esset habereturque Vtique Coss. Magistratus potestatem imperium curationemve cuivis rei petenti Senatui populoque Romano commendaverit quibusve suffragationem suam dederit promiserit eorum Comitiis qui busque extra ordinem ratio habeatur Vtique ei fines pomaerii proferre procurare cum e Rep. censebit esse liceat uti licuit Tiberio Claudio Caesari Augusto Germanico Vtique quaecunque ex usu Râ—ip majestate divinar humanar publicar privatarumque rerum esse censebit ea agere facere jus potestasque sit ita uti Divo Aug. Tyberioque Iulio Caesari Aug. Tyberioque Claudiâ— Aug. Germanico fuit Vtique quibus legibus Plehisve scitis scriptum fuit ne Divus Augustus Tyberiusve Iul. Caes. Aug. Tyberiusve Claudius Caes. Aug. Germanicus tenerentur his Legibus Plebisque scitis Imp. Aug. Vespatianus solutus sit quaeque ex quaque Lege Rogatione Divum Aug. Tâ—bâ—riumve Iul. Caesarem Aug. Tybâ—â—iumve Claudium Caes. Aug. Germanicum facere oportuer at ea omnia Imperatori Caesari Vespatiano Aug. facere liâ—â—at Vtique quae aâ—tè hanc legem rogatam acta gesta decreta imperata ab Imp. Caesare Vespatiano Augusto jussu mandatuve ejus a quoque sunt ea perinde just a rata sint ac si populi plebisve jussu acta essent Sanctio Si quis hujusce legis ergo adversus leges rogationes plebisve scitoe senatusue consulta fecit feceritve sive quod cum ex lege rogatione plebisve scito senatusve consulto facere oportebit non fecerit hujus legis ergo id ei ne fraudi esto neve quid 〈◊〉 eam rem populo dari debeto neve de ea re cui actioneve judicato esto neve quis de ea re apud eum agisinito This Law first shewes that there was not one royall Law made for all Emperors but that for every severall Emperour severall Lawes were necessary containing the conditions whereupon the Principalitie was collated by the Roman people For to Vespatian it appeares power was granted of enlarging or setling the bounds as it was granted to Germanicus but not to other Princes And in the last Chapter but one which saith And by those things which by any Law c. it is lawfull to doe a larger power is given to Vespatian then to the forenamed Emperours and that they ought to doe some things which Vespatian ought not to doe by Law Likewise by these words Vtique quibus legiâ—us c. soluâ—us sit it appeares that Vespatiâ—n was not freed from all Lawes nor yet the Emperour before him Likewise oâ—t of the Chapter where it saith Ex usu Reip. Majestate c. it is evident that not an absolute free administration of things was committed to the Emperours but onely such as was usefull that is which should be for the profit and honour of the republike whence is inferred that those things which were not for the benefit and honour of the Commonweale Emperors had no right nor power to doe And in the last Chapter is perspicuoâ—sly set downe THAT SUPERIOUR POWER OF THE PEOPLE GREATER THEN THE PRINCIPALITY IT SEâ—FE How then doth Vlpian say the Prince is loosed from Lawes he saith not from all Lawes verily that he was exempt from many is no doubt c. yet it was by a speciall clause in thâ— Lex Regia This and much more Salamonius All which considered will infallibly evidence the Roman Senate and People to be the highest power in Pauls time not the Emperour whâ— even at this day as Bodin proves is inferiour to the Germane States who are the Soveraigne power when King Henry the fourth of France Anno 1600. used this speech to the Duke of Savoy If the King of Fâ—ance wouâ—d be ambitious of any thing greater then his Crowne it might be an Empire but not in the estate that it is now the title of Empire being little more then that of the Duke of Venice the soveraingty writes the Historian in the Margin remaining in the States of the Empire All that is objected against the premises is that passage of Tâ—rtullian much insisted on Colimus ergâ— ImperatoreÌ„ sic quomodo nâ—bis licâ—t ipsi expedit ut homiâ—em à DEO SECUNDUM quicquid est à Deâ— câ—â—secutum SOLO DEO MINOREM Hoc et ipse volet Sic enim OMNIBUS MAJOR EST DUM SOLO VERO DEO MINOR EST. Sic ipsis Diis major est dum ipsi in potestate suntejus c. To which I answer that these words onely prove the Emperour in the Roman State to be the highest Officer and Magistrate under God of any one
Scotos with many Scottish Pamphlets justifying their late wars Ioh. Ponet once B. of Winchester his Book intituled Politick Govern p. 16. to 51. Alber. Gentilis de Iur Belli l. 1. c. 25. l. 3. c. 9. 22. M. Goodmans Book in Q. Ma. dayes intituled How superior Magistrates ought to be obeyed c. 9. 13. 14. 16. D. A. Willet his Sixfold Commentary on Romanes 13. Quaestion 16. Controversie 3. p. 588 589 590 608 c. Peter Mariyr Com. In Rom. 13 p. 1026. with sundry late writers common in every mans hands iustifying the â—aâ—ulnesse of the present defensive War whose Names I spare And lest any should think that none but Puritanes have maintained this opinion K. Iames himself in his Answer to Card. Perron iustifieth the French Protestant taking up Defensive Arms in France And Bish. Bilson a fierce Antipuritane not onely defends the Lawfulnesse of the Protestants defensive Arms against their Soveraigns in Germany Flaunders Scotland France but likewise dogmatically determines in these words Neither will I rashly pronounce all that resist to be Rebels Cases may fall out even in Christian Kingdoms where the people may plead their right against the Prince AND NOT BE CHARGED WITH REBELLION As where for example If a Prince should go about to subject his People to a forreign Realm or change the form of the Common-wealth from Impery to Tyrannie or neglect the Laws established by Common consent of Prince and people to execute his own pleasure In these and other cases which might be named IF THE NOBILITY AND COMMONS IOYN TOGETHER TO DEFEND THEIR ANCIENT AND ACCVSTOMED LIBERTY REGIMENT AND LAWS THEY MAY NOT WELL BE COVNTED REBELS I never denied but that the People might preserve the foundation freedom and forme of the Common-wealth which they fore prised when they first consented to have a King As I said then so I say now The Law of God giveth no man leave but I never said that Kingdoms and Common-wealths might not proportion their States as they thought best by their publike Laws which afterward the Princes themselves may not violate By superiour Powers ordained of God Rom. 13. wâ— understand not onely Princes BVT ALL POLITIKE STATES AND REGIMENTS somewhere the People somewhere the Nobles having the same interest to the sword that Princes have to their Kingdoms and in Kingdoms where Princes bear rule by the sword we do not mean THE PRIVATE PRINCES WILL AGAINST HIS LAWS BVT HIS PRECEPT DERIVED FROM HIS LAWES AND AGREEING WITH HIS LAWES Which though it be wicked yet may it not be resisted of any subject when derived from and agreeing with the Laws with armed violence Marry when Princes offer their Subjects not Iustice but force and despise all Laws to practise their lusts not every nor any private man may take the sword to redresse the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing rigâ—â— and withhold him from doing wrong THEN BE THEY LICENCED BY MANS LAW AND NOT PROHIBITED BY GODS to interpose themselves for safeguard of equity and innoceâ—cy and by all lawfull AND NEEDFVLL MEANS TO PROCVRE THE PRINCE TO BE REFORMED but in no case deprived where the Scepter is Hereditary So this learned Bishop determines in his authorized Book dedicated to Queen Elizabeth point-blank against our Novell Court-Doctors and Royallâ—sts But that which swayes most with me is not the opinions of private men byassed oft-times with private sinister ends which corrupt their judgements as I dare say most of our Opposites in this controversie have writ to flatter Princes to gain or retain promotions c. But the generall universall opinion and practice of all Kingdoms Nations in the world from time to time Never was there any State or Kingdom under heaven from the beginning of the world till now that held or resolved it to be unlawfull in point of Law or Conscience to resist with force of Arms the Tyranny of their Emperours Kings Princes especially when they openly made war or exercised violence against them to subvert their Religion Laws Liberties State Government If ever there were any Kingdom State People of this opinion or which forbore to take up Arms against their Tyrannous Princes in such cases even for conscience sake I desire our Anâ—agonists to name them for though I have diligently searched inquired after such I could never yet finde or hear of them in the world but on the contrary I finde all Nations States Kingdoms whatsoever whether Pagan or Christian Protestant or Popish ancient or modern unanimously concurring both in iudgement and constant practice that forcible resistance in such cases is both iust lawfull necessary yea a duty to be undertaken by the generall consent of the whole Kingdom State Nation though with the effusion of much blood and hazard of many mens lives This was the constant practise of the Romans Grecians Gothes Moors Indians Aegyptians Vandals Spaniards French Britains Saxons Italians English Scots Bohemians Polonians Hungarians Danes Swedes Iews Flemmins and other Nations in former and late ages against their Tyrannicall oppressing Emperors Kings Princes together with the late defensive Wars of the protestants in Germany Bohemia France Swethland the â—ow-countries Scotland and elsewhere against their Princes approved by Queen Elizabeth king Iames and our present king Charles who assisted the French Bohemians Dutch and German Protestant Princes in those Wars with the unanimous consent of their Parliaments Clergy people abundantly evidence beyond all contradiction which I have more particularly manifested at large in my Appendix and therefore shall not enlarge my self further in it here onely I shall acquaint you with theâ—e five Particulars First that in the Germanes Defensive Wars for Religion in Luthers dayes the Duke of Saxonie the Lantzgrave of Hesse the Magistrates of Magdâ—burge together with other Protestant Princes States Lawyers Cities Counsellors and Ministers after serious consultation concluded and resolved That the Laws of the Empire permitted resistance of the Emperour to the Princes and Subjects in some cases that defence of Religion and Liberties then invaded was one of these cases that the times were then so dangerous that THE VERY FORCE OF CONSCIENCE AND NECESSITY DID LEAD THEM TO ARMS and to make a League to defend themselves THOVGH CAESAR OR ANY IN HIS NAME WOVLD MAKE WAR AGAINST THEM That if the Emperour had kept his bonds and Covenants they would have done their duties but because he began first to make the breach the fault is his For since he attempteth to root out Religion and subvert our Libertie he giveth us cause enough TO RESIST HIM WITH GOOD CONSCIENE The matter standing as it doth we may resist him as may be shewed by Sacred and prophane Stories Vnjust violence is not Gods Ordinance neither are we bound to him by any other reason then if he keep the conditions on which he was created Emperour BY THE LAWS THE MSELVES IT IS PROVIDED that the inferiour
the Popes authority alone as some late Romanists pretend for he poore man had no such power but by THE DECREE DETERMINATION ASSENT AND REQUEST OF THE SENATE AND PEOPLE OF ROME who tacâ—o SENATUS CONSULTO PLEBIS CITOQUE DECERNUNT to transferre the Empire JURE SUO By their owne right from the Greekes to the Germans and from Constantine to Charles the Great ever since which time it hath continued thus divided in the blood of Charles and other French and German Princes A most cleare demonstration that the most absolute Soveraigne power aâ—d disposall of the Empire resided not in the Emperours themselves but in the Seâ—e and people even from the very first Emperours till this partition of the Empire more then 800 yeares space and that their Emperours neglect to protect to ayde them against their enemies when they needed and craved help was a iust ground for them to reject his Soveraignty yea to create a new Empire and Emperour of another race as Pope Leo with all the Roman Clergy Senate and people then resolved not only in point of State policy but of Conscience too upon which very ground not only the Spaniards fell off from the Roman Empire electing them Kings and erecting Kingdomes of their own but likewise our Iland of Brittain the fairest plume of the Roman Diadem rejected the Roman yoake and Government to which it had been subject almost 500 yeares craving ayd against the Scâ—ts and Picts from the Saxâ—ns who therereupon became their Soveraigne Lords at last and disposessed them of the Kingdome Now that these revolts and changes of the Empire in this case were lawfull even in point of Conscience we have the resolution of Bishop Bilson himselfe in his Booke dedicated to Queen Elizabeth wherein he professedly defends the Soveraignty of Kings in these very words The Roman State and Common wealth had as goodright to dispose the Roman Empire as all other Christian and Heathen Kingdomes and Countries had to settle the sword and scepter that Reigned over them And since all other Nations once members of the Roman Empire were suffered to plant those severall formes of regiment which they best liked and when the Right Heires failed to elect their owne Governours I SEE NO CAVSE why the Romans might not provide for themselves as well as other Realmes had done before them especially if the reports of your stories be true that they were neglected by the Grecians when they were besâ—iged by the Lombards and the scepter at Constantinople went not by descent or succession but by violent and wicked invasion and usurpation So he with whom Cassanaeus in his Catalogus Gloriae mun diâ— pars 5 consid 30. p. 248. accords and Iacobus Valdesius de Dignitate Regum Hisp. c 18. n 20 21. Sixthly After this division and translation of the Empire unto Charles the Great the Roman Empire for a time by permission and connivence of the French German States went by succession till Charles the Grosse after him wholly by Election the power of electing the Emperour residing in all the French German Princes 〈◊〉 at last it was by consent about the yeare 1001. translated to the 6 or rather 7. Princes Electors Yet during all this time the Soveraigne Power and Iurisdiction of the Empire resided only in the German Princes States and Diets not the Emperours themselves who had power not only freely to elect what Emperours they pleased but also to censure and depose their Emperours upon just grounds and to set limits to their Imperiall Iurisdictions Not to trouble you with the Histories of Ludovicus Pius Otho the great Henry the 1 2 3 4 5 6 7. Lotharius Fredericke Barbarossa Phillip Otho the fourth fifth Fredericke the 2 7. Albert the 1 Ludovicus Bavarus Sigismond and other Emperours who were much affronted persecuted warred against and some of them unjustly deposed and murthered by their Subiects Sons and the Princesâ—electors through the Popes procurement I shall pitch only upon such presidents as are pertinent to my purpose Charles the third surnamed the fat though he came to the Empire by discent yet the Princes Dukes and Governers of the Provinces of Germany and France seeing his great insufficiency and unaptnesse to governe he being growne a very foole and having lost his understanding did thereupon deprive him of his Empire and other Kingdomes and elected and crowned Arnolph Emperour in his stead He being thus degraded both of Realme Empire and forsaken of all the world not having so much as an house wherein to shroud himselfe retired into a poore village of Suabe where he lived some few dayes in extream misery and penury and soone after dyed not lamented nor pitied of any man Which deposition of his I have formerly proved lawfull though his subsequent ill usage was no doubt dishonourable and unjust So the Emperour Wenceslaus was deposed by the Princes Electors of the Empire for his insufficiency to governe and the little care he tooke to suppresse and pacifie the civill warres and dissentions in the Empire giving himselfe over to vaine pleasures and delights which made his government dangerous and unprofitable for the Empire and Christian common wealth and Rupert made Emperour by them in his room After this about the end of Rodulph the second his imperiall raigne the Electors called a Dyet at Nurenberg from whence they sent ambassadors to the Emperour to acquaint him with the State of the Empire who told him that the Electors required above all things a reformation of justice That he should make choice of more faithfull officers and Councellors then formerly he had done That a generall Dyet might be called the spring following That the reason of the bad government of the common weale was for that his Majesty did not impart the important affaires of the Empire unto them as his Predecessours had done c. Whereupon he appointed a generall Dyet to redresse these disorders but dying before the day according to the golden Bull made in the yeare 1356 the Elector Palatine and he of Saxon were appointed Vicars Governours and Administrators of the Empire untill there were a King of Romans chosen to be Emperour After which they Elected Mathias who as Emperour and King of the Romans had not any City or Towne within the Empire the whole Territory of Germany belonging to the Electors Bishops Abbots Princes Earles Noblemen and free Townes What power the Princes Electors and German states had and yet have in electing rejecting deposing restraining their Emperours in calling Diets and making Lawes you may read more largely in Munster and Grimston By all which and other particulars which for brevity I shall omit it is most evident that the Supream Soveraigne Authority of the Roman State both under their ancient Kings and Emperours and of the Greeke and German Empires resided not in the Kings and Emperours themselves but in their Senates Diets People States who prescribed them conditionall Oaths at their Coronations and to whom they
their Writers call the Gothish Kings who as Michaâ—l Ritius de Regibus Hispaniae L. 1 2. Iohannis Marâ—â—na de rebus Hispaniae L. 2 3. the Generall History of Spain and othes affirme were elected by and had their authority from the people You may reade their livâ—â— and successions at large in these Authors and finde some of them dis-inherited and deposed by their subjects others of them in ward during their minorities to such as the State appointed others murdered but all of them subject to the Lawes of their Realms as it is evident by the expresse ancient Law of the Wisigoths having this Title Quod tam Regia potestas quam populorum universitas Legum reverentiae sit subjecta by other lawes thereto annexed by Iohannis Mariana De Rege Regis institutione L. 1 c. 9. Those whom they properly call Kings of Spain had their royall authority derived to them conferred on them by the people upon this occasion Spain being a Province subject to the Roman Empire was spoyled over-runne and possessed by the barbarous Moors for many years in which time the Spanyards oft solicited the Roman Emperours for ayde to expell the Moors but could gain none Whereupon to free themselves and their Countrey from slavery they chose one Pelagius for their Captain by whose valour they conquered the Moors and thereupon by unanimous consent Elected and Crowned Pelagius King of Oviedo whom the Spanish Writers mention as the first King of Spain And this their deserâ—ion by the Emperours the Spanish Writers generally hold and g Iacobus Valdesius proves it largely to be a sufficient lawfull ground for the Spanyards even by the generalâ— law of Nations to cast off their subjection to the Roman Empire and to elect a King erect a Kingdom of their own exempt from all subjection to the Emperor since they purchased their own libertie and Countrey from the Gothes by conquest of themselves alone without any aide or assistance from the Roman Emperours to whom for this reason they hold themselves and their Kingdom no wayes subject yet for all this they deem their Kings inferiour to their whole Kingdoms and censurable yea deposable by them as is cleer by the forecited passage of the Bishop of Burgen Ambassadour to the King of Spain in the Councell of Basill and by Iohannis Mariana the Jesuites Book de Rege Regis Institutione dedicated to Philip the third King of Spain printed at Madrit in Spain by this Kings own speciall priviledge Dated at Madrit Ianuary 25. 1599. and after this reprinted at Mentz in Germany Anno 1605. Cum privilegio sacrae Caesariae Majestatis to wit of the Emperour Radulph the second permissâ— Superiorum who certainly would not thus specially approve authorize this Book for the Presse had it maintained any Positions contrary to the Laws or derogatory to the Prerogative Royall of the Crownes and Kingdoms of Spain though other States cannot so well digest it In this very Book the Authour who hath likewise written a large History of the affaires and Kings of Spain professedly maintains in a speciall Chapter wherein he debates this Question Whether the power of the Republike or King be greater That the whole Kingdom State and People in every lawfull Kingdom and in Spain it selfe are of greater power and authority then the King His reasons which I have for brevity digested into number in his own words are these First bâ—cause all Royall Power that is lawfull hath its originall from the People by whose grant the first Kings in every Republike were placed in their Royall Authoritie which they circumscribed with certain laws and sanctions lest it should too much exalt it selfe to the distruction of the Subjects and degenerate into a Tyrannie This appears in the Laceâ—aemonianâ— long since who committed onely the care of Warre and procuration of holy things to the King as Aristotle Writes Also by a later example of the Aragonians in Spain who being incited with an earnest endeavour of defending their libertâ—e and not ignorant how the Rights of Libertie are much diminished from smail beginnings created a middle Magistrate like the Tribunall power commonly called at this time Aragoniae Iustitia the Iustice of Aragon who armed with the lawes authoritie and endeavours of the people hath hitherto held the Royall Power included within certain bounds and it was specially given to the Nobles that there might be no collusion if at any time having communicated their counsell among themselves they should keep assemblies without the Kings privity to defend their Lawes and Liberties In these Nations and those who are like them no man will doubt but that the authoritie of the Republike is greater then the Kings Secondly because in other Provinces where the people have lesser and the Kings more power and all grant the King to be the Rector and supream Head of the Commonwealth and to have supream authoritie in managing things in times of warre or peace yet there the whole Commonwealth and those who represent it being chosen out of all Estates and meeting together in one place or Parliament are of greater power to command and deny than the King which is proved by experience in Spain where the King can impose no Taxes nor enact no Laws if the people dissent or approve them not Yea let the King use art propound rewards to the Citizens sometimes speak by threats to draw others to consent to him solicite with words hopes and promises which whether it may be well done we dispute not yet if they shall resist their judgement shall be preferred and ratified before the Kings will Thirdly because when the King dies without Issue or Heir the Kingdom and people not the Prince deceased oâ—ght to chuse the succeding King out of another â—amâ—ly Fourthly because if the King vexe the Republike with his evill manners and degenerate into an open tyranâ—â—â— the same Commonwealth may restrain him yea deprive him of the Principalitie and of hiâ— life to if need be which it could not do unlesse â—t were of greater Power then the King Fiftly because it is not likely that the whole Kingdom and Commonâ—weal would ever strip themselves of all Power and Authority and transfer it to another without exception without counsell and reason when they had no necessitie to do it that so the Prince subject to corruption and wickednesse might have greater Power then they all and the Issuâ— be more excellent then the Father the River than the Spring the Creature than the Creator of it And although perchance it be in the pleasure of the Commonweal to take away the pleanary Power from it self and give it to the Prince yet the Commonwealth should do unwisely to give it and the Prince rasâ—â—ly to receive it by which the subjects of Free men should bâ—come Slaves and the Principalitie given for their safâ—tie should degenerate into a Tyrannie which then onely is Regall if it contain it self within the bounds of modesty and
18. 1. c. 19. 1. c. 21. throughout with the Books of Ezra Nehemiah Iudges Esther Maccabees the four Euangelists touching Christs arraignment and death Acts 4. 5. 22. 23. 24. and 25 chapters or consulted with Iosephus Philo Paul Eber Godwin Cunaeus â—igonius BertraÌ„ or any others who have written of the Jewish Antiquities or Republike he could not have had the impudency to have published such grosse untruths and should have found not onely divers kings in Scripture created by the voyce of the people but an hereditary kingdom oft changed into an elective yea into an Aristocraticall and no Royall government and an Aristocracie and Democracy to even among the Jews themselves whose government before their kings was meerly Aristocraticall as Iosephus Antiqu. Iud. l. 4. c. 8. Carolus Sigonius de Repub. Hebr. l. 1. c. 5. Cunaeus Sâ—hickardus Bertram Paul Eber and all others that I have seen except this Animal irrationale risibile punctually determine they having no kings of their own before Saul nor any after Zedekiah Therefore I shall spend no more waste paper to refute this palpable errour so confidently asserted by parisiticall Court Doctors who make no conscience of writing any though the grossest untruths which may advance the absolute Soveraign Arbitrary tyrannicall government of kings to oppresse and inslave the people Thirdly that the Kings of Iudah and Israel were no absolute Soveraign Princes but took their Crown with and upon such Divine conditions for breach whereof they and their posterities were oft times by Gods command just judgement and speciall approbation deposed disinherited destroyed and the Crown translated to other families This is evident by direct Scriptures Deuter. 17. 14. to the end Thou shalt in any wise set him King over thee whom the Lord thy God shalt chuse one from among thy Brethren shalt thou set King over thee thou maist not set a stranger over thee which is not thy Brother Here is an expresse limitation and condition in respect of the person of the King the conditions in regard of his royall administration follow which are partly Negative partly positive But he shall not multiplie Horses to himself nor cause the the people to return to Egypt c. Neither shall he multiply wives to himself that his heart turn not away neither shall he greatly multiply to himself silver and gold And it shall be when he sitteth on the throne of his Kingdome that he shall write him a Copie of this Law in a Book out of that which is before the Priests the Levites and it shall be with him and he shall read therein all the dayes of his life that he may learn to fear the Lord his God to keep all the words of this Law and these Statutes to do them That his heart be not lifted up above his brethren and that he turn not aside from the Commandment to the right hand or to the left to the end that he may prolong his dayes in his Kingdom he and his children in the midst of Israel Here all the kings of the Israelites when their kingdoms should be erected are strictly bound by God himself to negative and positive conditions upon performance whereof they and their children should prolong their dayes in the kingdom and perpetuate their thrones in the midst of Israel and upon breach whereof they and their posterity should lose both their lives and kingdom to as the last clause insinuates and the subsequent Texts in direct terms averre But what if the king should violate these conditions might the people lawfully resist him Iosephus in his paraphrase on this very text which I shall cite at large resolves they might Truely the government of the best meâ— or Aristocraticall government is best and to live in a Republike thus administred nor is there cause why you should desire any other kinde of government but it is best that contenting yâ—â—rselves with this you continue with in the power of your Laws and of your selves But if the desire of a king shall possesse you let there be none unlesse he be of your stock and blood and one to whom justice with other vertues are cordiall He whosoever he shall be let him attribute more to the lawes and unto God than to his own wisedome AND LET HIM DO NOTHING WITHOVT THE HIGH PRIESTS AND Sâ—NATES ADVICE neither may he nourish many wives nor possesse very much money and many Horses with the plenty of which things he may easily become a contemner of the laws and if he shall addict himself to these things more then is meet OBSTANDVM EST ne potentior fiat quamrebus vestris expedit HE IS TO BE RESISTED lest he become more potent then is expedient for your affairs So he Yea Zuinglius with B. Bilson expresly resolve that the people were bound to resist question and depose their kings for their idolatry and breach of these conditions and that God himself justly punished them for Manasses sins and wickednesse because they resisted and punished him not for them as they were obliged to do as I have elswhere manifested to which I shall refer you This condition most clearly appears in other Texts as in the 1 Sam. 12 13 14 15 25. Where when Saul the first king of the Israelites was crowned at their earnest importunity against Gods and Samuels approbation Samuel used these speeches to them Now thereforebehold the King whom ye have chosen and whom ye have desired c. If ye will fear the Lord and serve him and obey his voyce and not rebell against the commandment of the Lord then shall both ye and also the King that reigneth over you continue following the Lord your God But if ye will not obey the voice of the Lord but will rebell against the voyce of the Lord then shall the hand of the Lord be against you as it was against your fathers c. But IF ye shall do wickedly ye shall be consumed both ye and your King After this Saul being distressed by the Philistines weary of staying for Samuel and presuming to offer sacrifice without him hereupon Samuel said to Saul Thou hast done foolishly for thou hast not kept the Commandment of the Lord thy God which he commanded thee for now would the Lord have established thy kingdom upon Israel for ever but NOW THY KINGDOM SHALL NOT CONTINVE for the Lord hath chosen him a man after his own heart and the Lord hath commanded him to be captain over his people BECAVSE THOV HAST NOT KEPT THAT WHICH THE LORD COMMANDED THEE Lo here the breach of Gods conditions by king Saul forfeited his Kingdom and disinherited his posterity of it So when he performed not Gods command in utterly destroying Amalck sparing Agag and the best of the things Samuel sharply reprehending him for this offence said unto him Behold to obey is better then sacrifice and to hearken than the fat of Rams for Rebellion namely king Sauls rebellion against Gods command not subjects rebellion against their
of Ieroboam the son of Nebat and like the house of Baasha the sonne of Ahijah for the provocation wherewith thou hast provoked me to anger and made Israel to sinne And of Iezabel also spake the Lord saying The Dogs shall eat Iezabel by the wall of Iezreel him that dieth of Ahab in the City the Dogs shall eat and him that dieth in the field shall the Fowls of the Ayre eate Neither was this a vain threatning for Ahab being slain at Ramoth Gilead the dogges licked up his blood in the place where they licked the blood of Naboth and Iehoram his son succeeding him both in his Throne and sins God himself annoynted Iehu King over Israel of purpose to execute this his vengeance against the house of Ahab and Iezabel who in execution thereof slew both King Iehoram Ahaziah King of Iudah Iezabel and all Ahabs sons and posteritie his great men Nobles with all the Priests and worshippers of Baal till he left none of them remaining For which severe execution of Gods Iustice the Lord said unto Iehu Because thou hast done well in executing that which is right in mine eyes and hast done unto the house of Ahab according to all that was in mine heart thy children of the fourth generation shall sit on the Throne of Israel Which action of Iehu being thus specially commanded commended and remunerated with such a temporell reward by God himself must questionlesse be lawfull and no Treason nor Rebellion in Iehu unlesse we will charge God to be both the Author Approver and Rewarder of those sinnes After this Iehu walking in the sins of Ieroboam though God deprived him not for it yet he stirred up Hazael to spoil and waste his Countrey during all his reigne and the reigns of King Iehoahaz his son and Ioash his Granchilde who succeeded him in his idolatries and Zechariah the last king of Iehu's Race going in his Ancestors sinnes was slain by Shallum who reigned in his stead Shallum Pekahiah and Pekah three wicked idolatrous kings of Israel were by Gods just judgement successively sâ—ain one of another and by Hoshea So that all the Kings of Israel who violated Gods Covenants and conditions annexed to their Crowns did for the most part lose their lives Crownes and underwent the utter extirpation of their poâ—â—erities being totally cut off by the sword neither succeeding their Parents in their Crowns nor inheritances And though the royall Crown of Iudah continned in Davids Line till the Captivity of Zedekiah the last king of his Race yet when ever they infringed the conditions which God annexed to their Crownes and turned Idolaters or flagitious persons God presently by way of revenge either brought in forraigne enemies upon them which mastered conquered them and sometimes deposed and carried them away Captives or made them Tributaries as the examples of King Rehoboam afflicted by Shishak King of Aegypt for his sinnes and â—dolatry and by Ieroboam all his dayes of Ahijam Iehoram Ahaziah Ioash Amaziah Ahaz Manasseh Iehoahaz Iehoiakim Iehoiachin and Zedechiah whose Histories troubles captivities and punishments you may reade at large with others witnesse or else caused their own servants subjects enemies to rise up against them to slay them as is evident by King Ahaziah Ioash Amaziah Ammon and others All which are unanswerable evidences and experimentall demonstrations that the Kingdoms of Iudah and Israel were both held of God upon conditions and that for the breach of these conditioâ—s they might be and oft times were by Gods Iustice on them both lawfully deprived of their Crownes and their posterities disinherited yea totally cut off for ever and in conclusion both these most eminent Kingdoms for the sins of kings and people were invaded destroyed and both Kings with people carried away captives by their enemies into forraigne Countries from whence the whole Nation never afterwards returned nor ever after attained to a king and kingdom of their own So fatall is it for Kings or Kingdoms to break those Covenants Laws Conditions which God himself hath prescribed them and so far are any Kings from being exempted from all Laws and left at libertie to do what they please that the breach of them proves destructive to them and theirs I shall onely adde to this by way of Corollary that all the Israelites Rulers Kings People did joyntly and severally for themselves for the whole Nation in generall and every of them in particular frequently enter into solemn Vowes and Covenants with God to serve the Lord to be and conttnue his people to seek the Lord God of their fathers with all their heart and with all their soul that whosoever would not seek the Lord God of Israel should be put to death whether small or great whether Maâ— or Woman not the King or Queen excepted and they sware unto the Lord with a loud voice and with shouting and with trumpets and with Cornets and all rejoyced at the Oath for they had sworn with all their hearts Witnesse the Covenant made by Ioshua and all the people To serve the Lord by Samuel Saul and all the people at Sauls Coronation and by king Asa and all his people To seek the Lord c. who in pursuance thereof removed his mother Maacha from being Queen because she had made an idol in a Grove and cut down her idol and stampt it and burnt it at the brook Kidron 2 Chron. 15. 16. of King David Solomon and all the people at Solomons Coronation between King Iehoash Iehoiada and all the Congregation at his inauguration that they should be the Lords people in pursuance whereof all the people went to the house of Baal and brake it down and brake his altars and images in pieces and slew Mattan the Priest of Baal before the altars between Hezekiah and all his subjects and God between Iosiah and all that were present in Ierusalem and Benjamin and Gad who made a covenant before the Lord to walk after the Lord and to keep his Commandments and his Testimonies and his Statutes with all their heart and with all their soul to perform the words of the Covenant formerly written in the Book of the Covenant that was found in the house of the Lord in execution whereof Iosiah tooke away all the abominations out of all the Countrey that pertained to the children of Israel and made all that were present in Israel to serve the Lord their God and not to depart from following the Lord God of their Fathers all his dayes Together with the like solemne publike Covenants made by Ezra Nehemiaâ— and all the People unto God which Covenant the Princes Levites Priests and all the people sealed and entred into a Curse and into an Oath to walk in Gods Law and to observe and doe all the Commandments judgements and Statutes of the Lord c. And that God himself expresly commanded them That if any Prophet or Dreamer of dreams or thy Brother or son of thy Mother or thy daughter or the
Senate he held the Empire onely by force and power Wherefore Caesar although he invaded the Empire by force yet that he might cosen the people at least with some pâ—etext of Law would seem to have received the Empire from the Senate and people But Augustus although he was adopted by Caesar yet he never bare himselfe as heire of the Empire by divise but rather received it as from the Senate and people as did also Caligula Tiberius Claudius whereas Nero who first invaded the Empire by force and wickednesse without any colour of Law was condemned by the Senate Since then no man could be born an absolute King no man can be a King by himselfe no man can reigne without the people Whereas on the contrary the people may both be and are by themselvs and are in time before a King it most certainly appears that all Kings were first constituted by the people Now albeit that from the time that Sons or Nephews imitated the vertues of their parents they seem to have made kingdomes as it were hereditary to themselves in certain Countries where the free power of Election may seem in some sort to have ceased yet that custome hath continued in all well constituted kingdomes that the children of the deceased kings should not succeed untill they were as de nâ—no newly constituted by the people nor should not be acknowledged as heirâ—s to their Fathers but should onely then at length be reputed kings when they had as it were received investiture of the Realme from those who represent the Majesty of the people by a Scepter and Diadem In Christian kingdomes which at this day are said to be conferd by succession there are extant most evident footsteps of this thing For the kings of France Spain England and others are wont to be inaugurated and as it were put into possession of the Realm by the States Senators Nobles and great men of the Realm who represent the universality of the people in the same manner as the Emperours of Germany are by the Electors and the kings of Poland by the Vayuods or Palatines where the intire right is onely by election neither is royall Honour yeelded to them in the Cities of the kingdomes before they have been duly inaugurated Neither also heretofore did they compute the time of the reigne but from the day of the inauguration which computation was accurately observed in France And that we may not be deceived by reason of any continued stories of succession even in those very kingdoms the States of the Realme have oft times preferred a kinsman before a sonne the second sonne before the eldest as in France Lewis the brother before Robert Earl of Dreux also Henry the second brother before Robert Capet the Nephew with others elsewhere Yea and the same kingdome by Authority of the People hath been translated from one Nation and Family to another whiles there were lawfull heires extant from the Merouingi to the Carlingi from the Carlingi to the Capets which hath been likewise done in other Realms as it sufficiently appears out of the truest Histories And that we may not recede from the kingdome of France which hath ever been reputed the pattern of the rest in which I say succession seemes to have obtained greatest strength We read that Pharamond was elected Anno 419. Pipen An. 751. Pipens sonnes Charles the great and Charlemain 768. not having respect of the Father Charlemain being at last taken away 771. the Brothers part did not immediatly accrue to Charls the Great as is usually done in inheritances but by the determination of the people and publike Councell and by them Ludovicus pius was elected An. 812 although he were the sonne of Charles the great Yea in the very Testament oâ— Charles which is extant in Nauclerus he Intreats the People by the Common Councell of the Realm to elect one of his nephews whoÌ„ they pleased as for hi Vncles he bids theÌ„ rest satisfied with the Decréc of the people Whence Charles the bald Nephew by Lewis the godly and Iudith professeth himselfe An elected King in Aimoinius the Historiographer In summe all kings whatsoever from the beginning were Elective and those who at this day strive to come to the kingdome by succession must of necessity be First ordained by the people Finally albeit the people by reason of certain egregious merits hath in certain Realmes used to chuse kings out of the same stock yet they chuse the stock it self nor the branch neither do they so chuse it but if it degenerates They may elect another But even those who are neerest of that stock are not so much born as made kings are not so much accounted kings as the Attendants of kings which Franciscus Hotomanus in his Franco-Gallia cap. 6. 7. 10. prosecutes more at large and manifests by sundry pertinent Presidents and Authorities Secondly that it is apparant by all the premised Histories That in all Empires Monarchies the whole Empire State Kingdome with the Parliaments Senates States Diets publike Officers and generall Assemblies which represent them are the Supreamest Soveraign power superiour to the Emperours Kings and Princes themselves who are subordinate Ministers and servants to them elected created by them for their common good and not absolute Soveraign Lords or Proprietors to rule domineer over them at their pleasure Which conclusion you shall find abundantly ratified and proâ—essedly maintained by Marius Salamonius de Principatu in six severall Books by Iohn Mariana de Rege Regis Instit. t. 1 c. 8. Stephanus Iunius Brutus his Vindicia contra Tyrannos throughout especially p. 91. to 110. the Treatise De Iure Magistratus in Subditos throughout Iustus Eccardus de Lege Regia Henricus Ranzâ—vius Commentarii Bellici lib. 1. c. 3. and elsewhere Georgius Obrechtus an eminent Civill Lawyer Disputationes Iuridicae de Principiis Belli sect 115. to 200. where he thus resolves The inferiour Magistrates as in Germany the Electors Princes Earles Imperiall Cities in France the Peers of France in Poland the Vayuodes or Palatines and in other Kingdomes the Nobles Senators and Delegates of the Estates as they are severally inferiour to the Emperour or King Ita Universâ— Superiores existunt so collectively They are superiour to them as a Generall Councell is above the Pope the Chapter above the Bishop the Vniversity above the Chancellor The Prince saith Pliny the second even the greatest is obliged to the Commonwealth by an Oath as its servant ac ipsa Republica seu Regno Minor est and is lesse then the Republike or Kingdome it selfe by Franciscus Hotomanus a learned French Lawyer in his Franco-Gallia c. 6 7. 10 11. 14 15 16 18 20. Aquinas de Regimine Principum c. 6. by Hemingius Arnisaeus De Auctoritate Principum in populum c. and De Iure Majestatis Sebastianus Foxius De Regni Regisque Institutione Vasquius Controvers Illustrium passim Cavarnuius Contr. Illustr T. 2. 505. n. I. 399. n. 6.
same effect which brevity enjoynes me to omit those that please may read them at their leisure in the Author himselfe whose opinion is fortified by Alphonsus Menesius his poems annexed to his Treatise Thirdly it is abundantly manifest from all the premises That Kings and Emperours alwayes have been are and ought to be subject to the Lawes and Customes of their Kingdomes not above them to violate breake or alter them at their pleasures they being obliged by their very Coronation Oathes in all ages and Kingdomes inviolably to observe them This verily is confessed by K. Iames by our K. Charls himself in his laâ—e Declarations to al his Subjects resolved by Bracton Fleta Fortescue our Common and Statute Laws forecited by the Year Book of 19. H. 6. 63. a. where Fray saith That the Parliament is the highest Court which the King hath and the Law is the highest inheritance which the King hath for by the Law he himselfe and all his Subjects are ruled and if the Law were not there could be no King nor inheritance This is proued by Stephen Gardiner Bp. of Winchester in his Letter to the Lord Protector where he writes That when he was Embassadour in the Emperours Court he was faine there and with the Emperours Embassadour to defend and maintain by Commandment in a case of Iewels That the Kings of this Realme were not above the Order of their Laws and therefore the Ieweller although he had the kings Bill signed yet it would not be allowed in the Kings Court because it was not obtained according to the Law and generally granted by all our own English Writers is copiously asserted and professedly averred by Aristotle Polit. l. 3. c. 11. 13 Marius Salomonius de Principatu in sixe speciall Books to this purpose by Iustus Eccardus de Lege Regia Thomas Garzonius Emporii Emporiorum Pars 1. Discursus 1. de Dominiis sect 6. p. 9 10. Ioannis Carnotensis Episc. lib. 4. Policrat c. 1. Bochellus Decreta Eccles. Gal. l. 5. Tit. 1. Cap. 6. 15 16. Haenon Disput. Polit. p. 428. to 442. Fenestella de Magistratu p. 149. Ioannis Mariana de Rege Regis Instit. l. 1. c. 9. an excellent discourse to this purpose Petrus Rebuffus Prâ—fat ad Rubr. de Collationibus p. 583 584. Sebastianus Foxius de Rege c. part 1 p. 108 109 part 2. 192 c. Buchanon de Iure Regni apud Scotos passim Iunius Brutus Vindiciae contra Tyrannos quaest 3. p. 116. to 139. an accurate discouse to this effect Grimalius de Optimo Senatore p. 33. 201 205. Vasquius contr Illustr 16. n. 15. 19. 21. 17. n. 1. 23. 20. n. 3. 44. n. 3. 73. n. 12. 13. 15. 72. n. 7. and elswhere De Iure Magistratus in subditos passim Polanus in Ezech p. 824. 854. Pareus in Rom. 13. p. 138. Francis Hotomani Franco Gallia c. 6. to the end of Cap. 20. Sparsim Governado Christiano p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de Iure Billi l. 1. c. 4. s. 7. l. 2. c. 14. and elsewhere thorowout his second Book with infinite others of all sorts This all good Emperours and Kings in all ages have profâ—ssed as these Authors prove Thus the good Emperour Trajan practised and professed That the Prince was not above the Laws Hence Apollonius Thyanaeus writing to the Emperor Domitian saith These things have I spoken concerning Lawes which if thou shalt not think to reignover thee then thy self shalt not reign Hence Antiochus the third King of Asia is commended that he writ to all the Cities of his Kingdom if there should be any thing in his Letters he should write which should seem contrary to the Laws they should not obey them And Anastatius the Emperour made this wholesome sanction admonishing all the Iudges of his whole Republike that they should suffer no Rescript no pragmaticall sanction no sacred adnotation which should seem repugnant to the generall Law or the publike profit to be produced in the pleading of any suite or controversie enough eternally to shame and silence those flattering Courtiers Lawyers Divines who dare impudently yea impiously suggest the contrary into Princes Ears to excite them to Tyrannize and oppresse their subjects against their expresse Oathes inviolably to observe and keep the Laws their Duties the very Lawes of God and man of which more in the seventh and eight Observation Fourthly That Kings and Emperours can neither anull nor change the Laws of their Realms nor yet impose any new Laws Taxes or Impositions on them without the consent of their People and Parliamets This I have largely manifested in the first Part of this Discourse and the premised Histories with the Authors here quoted in the three precedent Observations attest and prove it fully for if the whole Kingdom Parliament and Laws themselves be above the King or Emperour and they receive their Soveraign Authority from the â—eople as their publike servants It thence infallibly follows that they cannot alter the old Laws which are above them nor impose new Lawes or Taxes to binde the whole Kingdom people without their assents they being the Soveraigne Power This point being so clear in it self so plentifully proved in the premises I shall onely adde this passage out of Iunius Brutus to ratifie it If Kings cannot by Law change or extenuate Laws once approved without the consent of the Republike much lesse can they make and create new Laws therefore in the German Empire if the Emperour think any Law necessary he first desires it in the generall assemblies if it be approved the Princes Barons and Deputies of Cities subsigne it and then it is wont to be a firme Law Yea he swears that he will keep the Laws Enacted and that he will make no news Laws but by common consent In the Kingdom of Poland there is a Law renewed An. 1454 and 1538. That no new Laws or Constitutions shall be made but onely by publike consent or in any place but in Parliament In the Realm of France where yet commonly the authority of Kings is thought most ample Laws were heretofore enacted in the Assembly of the three Estates or in the Kings ambulatory Councell but since there hath been a standing Parliament all the Kings Edicts are void unlesse the Senate approve them when as yet the Arrests of that Senate of Parliament if the law be wanting even obtain the force of a Law So in the Kingdoms of England Spain Hungarie and the rest there is and of old hath been the same Law For if Kingdoms depend upon the conservation of their Laws and the Laws themselves should depend upon the lust of one Homuncio would it not be certain that the Estate of no Kingdom should ever be stable Would not the Kingdom necessarily stumble and fall to ruine presently or in a short space But if as we have shewed the Lawes be better and greater than Kings if
193. l. 1. converseth p. 196. l. 33. lesse In the Margâ— p. 42. l. 2. Daubeny p. 60. l. 4. Leges l. 9. Aimoin l. 12. Iure p. 85. l. 2. 850. p. 152. l. 1. Aâ—nales Gil. p. 168. l. 19. Rex part 1. p. 12. l 15. third read second p. 29. l. 44. through p. 45. l. 24. l. 3. p. 48. l. 15. Britanniae l. 26. privatave p. 56. l. 16. reputing them p. 75. l. 25 responsum p. 93. l. 38. Duardus p. 100. l. 33. Raynerius l. 3. 8 Albericus Part 2. p. 59. l. 3. perfidum Part 3. p. 143. l. 25. naturall nationall 2 Pet 2. 12 14 15. Exod. 32. 32. Rom 9. 4. See Romes Masterpeece Isay 33. 20. Isay 58. 12. Zach. 4 7. * Psal. 85. 8 9 10. * Isa. 32. 17 18 * Micah 4. 3 4. Isay 2. 4. Joel 3. 10. * Apud Ambros. Epist. l 2. Ep. 2. Tom. 5. p. 97. * Jer. 45. 5. * Dated Ianu. 10. 1606. and Febr. 22. 1603. * Note this a Who confesseth justifieth it in his Speech in Star-chamber Iune 14. 1637. b See the Parliaments late Declaration c See King Iames his Apology against Bellarmin Laurentius Byerlink Opus Chro. p. 319. Deus Rex The Lord William Howards Sonnes laâ—e Booke in Defence of Papists taking the Oath of Allegiance * 3 Iac. c. 4. d See Dr. Iones his Book of Examinations e Dedicated to King Iames printed at London 1621. e Dedicated to King Iames and printed at London 1624. f In his Sermon there Mar. 24. 1615. p. 43. 44. g See Plaine English Object Crimination 1. Object 2. Answ. h The observations a â—uller answer to Dr. Ferne with others The Remonstrance of the Lords and Commons Novem. 2. 1642. * 1 Eliz. ch 1. Answ. i Rex habet superiorem Deum c. Item legem per quam factus est Rex Item Curiam suam viz. Comites Barones quia Comites dicuntur quasi sâ—cii Regis qui habet socium habet magistrum Et ideo si Rex fuerit sine fraeno i. sine lege DEBENTEI FRAENVM IMPONERE c. k Fox Acts Mon. Edi. 1641 Vol. 2 p. 879 880. Aeneas Sylvius de gestis concilii Basiliensis Surius conci Tom. 4. * Lib. 2. l Surius concil toâ— 4. p. 1. c And Aeneas Sylvius hist. Concil Basiliensis m Spe. hist. p. 207 266 267. Mat. West Annâ— 445. 454 c. See Hunt hist. l. 2. p. 320 Pol. l. 5. c. 1. Fab. p. 73. Dan p. 8. Hâ—l Graft Vin. Speed hist l 20 c. 11. others n Spee hist. p. 229 Huntin Mat. West An. 756. Hol. Graf in his life o Spee hist. p. 245 246. Hunt Mat. West an 792 See Holin Graft others n Matth. West An. 158. p. 275 o Matth. West An. 821. Speed hist p. 255. p Mat. West Hunt Poly. Fab. Holin Graf An. 9â—7 q Fabian part 2. c. 49. 40. 41. p. 30. 31. with Matth Westin Huntingdon Polychronicon Geoffry Mommoth Hollinsh Grafâ—on Speed and others in his life r Fabian part 2. c. 46. p. 34. Geoffry Mommoth Huntingdon Matthew Westm. Polychron Hollinsh Grafton Speed in his life s Matth. Paris hist. Angl. p. 264. to 280. Speed p. 585. c. Hollinshead Grafton Stow Daniel Walsingham t Walsingham hist. Angl. p. 398. c. Fabian part 7. p. 345. Polychron l. ult c. 9. Hollinshead Grafton Speed p. 758 to 766. u Walsingham Hol. Fab. Speed p. 680. to 697. x Speed p. 869. 878. 879. 887. Hollinsh Polychronicon Fabian Grafton Hall Stow Caxâ—on in their lives y Speed p. 410 411 425 426 404. to 407. 410. 416. 418 419. 455 456. 466 467. 548 549 550 590 591. 762. See Matthew Paris Matth. West Malmsbu Hunt Eadmerus Fabian Walsing Caxton Polych Polydor Virgil. Hall Grafâ—on Stow How Hol. Hayward Martin Daniel and Sir Rich. Baker in their severall lives of these Kingâ— z Mat. Paris hist. p. 243. to 255. Daniel p. 142 143 144. a Matth. Paris p 96 97. Daniel p. 85. b Matth. Paris p. 324. 325. Daniel p. 151. 152. c Matth. Paris p. 420. 421. 430. 451. 452. See Matth. West Polychronicon Fabian Holling Grafâ—on Dan. p. 157. 158. d Matth. Paris p. 938 940 941. 942. Dan. p. 177. 179. e Walsingh Hist p. 70 71. See Fabian Hollinshead Graft Speed Daniel in 3. 4. E. 2. f Walsingham Hist. p. 90. 91 92 93. Exilium Hugonis le Despenser in Magnâ— Charta part 2. f. 50. to 57. See Hollin Fabian Speed Grafton Daniel in 14. 15. E. 2. g Hist. p. 107. 108. Ypodigm Neustr. p. 109. 110. h In Cambd. Britan. the last English edition p. 188. i Grafton Trysseâ— Hâ—lâ—inshead Speed Walshingham in 10 11 21. 2. k Walsin Fab. Holinsh. Speed Hall Graf Trussel How 's in 23 R. 2. 1 H. 4. Fox Acts and Mon. vol. 1. edit ult p. 67 1 677 l Hornes Myrrour of Iustices c. 1. sect 3. p. 10. Cookes Instit. on Lit. f. 110. and 9. Report in the Preface Spelm. Concil Tom. â— p. 347. m Surius tom 1. Concil p. 342. n Surius tom 1. p. 407. o Surius tom 3. p. 488. 574 575. 732. Tom 2 p. 203. 675 728. 754. 603. 605 641 642. 643. 892 695. 713. 1042. 715 685. Gratian Distirct 18. luo Carnot Decret pars 4. c. 241 243 244 Spel. Concil tom 1. p. 153. p Surius tom 3. p. 24. 4â— 42 406 q Surius tom 4. p. 44. r See H. Spel. Cencil tom 1 p. 529. Sigibert An. 528. Eadm hist. Nonor l. 3. p. 67. Con. Tole 8. 12 and others Aquisgra Conc. sub Ludovico Pio. s Commonw l. 3. c. 1. t Hieronymus Blanca Aragonensium Rerum comment p. 764 c. 688 689. 723 724. u Nichol. Isth. de Rebus Vng. hist. l. 6. f. 84. 85 * Arago Rerum Comment p. 762 763. * Andrew Favine his Theatre of Honour l. 2. c. 12. p. 175. 176. x See Orimston Aventinus Naucl. Munster Sabelli Vsperg Otho Frisingen Herm. Schedel Anton. Opincoâ— Mat. Par. Mat. West Walsing others in their lives and histories y See their 35 Articles made at their general Assembly at Kilkenny 1642 z Mat. Paris an 1233. p. 344 473. c. Speed hist. p. 607. to 613 Daniel p. 154 155. * Who now give the King no such good advice * Note The Parliaments present case * Speed lbid * Walsing Hist. p. 84. 44. Ypod. Neust. p. 101. a Mat. Pa. An. 1214 1215. p. 240 to 256. 〈◊〉 Matth. West Walsingh Ypod. Neust An. 1214 1215. Fabian Caxton Hollin Grafton Daniel in the life of K. John Hen. 3. Speed Hist p. 578. to 637. b Matth. Par. p 252. Sp. Hol. accordingly c Matth. Per. An. 1258. p. 9. 940 941. Mat. Westmin 1258. Walsingh Ypod. Neustr. p. 61. Sp. p 635. Hol. Grafton Daniel Polychron d Matth. Par. p. 952 953. Speed p. 636. e Histor. Angliae p. 953. f Walsingh Ypod. Neust. An. 1309
treacherously contrary to his League and Oath Berthgwin the 14. Bishop of Landaffe hearing thereof assembled a Synod of his Clergy at Landaffe and solemnly excommunicated the King with all his Progeny and Kingdom by uncovering the Altars casting down the Crosses on the earth and depriving the Countrey both of Baptisme and the Eucharist Whereupon the King unable to endure so great an excommunication with great deiection submitted himselfe to the Bishop and leaving his Kingdom went on pilgrimage into forraign parts for a long space after which returning by the intercession of king Morcant he obtained abâ—olution from the Bishop to whose enioyned penance he submitted himself conferring divers Lands upon the Church And in another Synod at Landaffe under this Bishop King Gurcan for living incestuously with his Mother-in-law was solemnly excommunicated in form aforesaid whereupon he craved pardon resolved to put away his Mother-in-law promised satisfaction by k. â—udhail his Intercessor upon which he was absolved upon promise of amendment of life with fasting prayer and almes after which he bestowed divers Lands on the Church Houell king of Gleuissig contrary to his Oath League trecherously circumverring and slaying Gallun hereupon Cerenhir the 18. Bishop of Landaffe calling a Synod solemnly excommunicated him by laying all the crosses on the ground overturning the Bells taking the Reliques from the Altar and casting them on the ground depriving him of all Christian communion under which excommunication he remained almost a whole yeers space After which this king came bare-foot to the Bishop imploring his absolution from this sentence with many teares which he obtained after publke penance enoyned Not long after the same Bishop and his Clergy in another Synod for the like crime in the self-same forme excommunicated Ili sonne of Conblus till he came bare-footed with teares and prayed absolution which upon performance of enjoyned penance promise of future reformation with prayers fasting almes and the setling of some Lands on the Church was granted him by the Bishop So Loumarch son of Cargnocaun was in a full Synod excommunicated by Gulfrid the 20. Bishop of this See for violating the patrimony of the Church and king Brochuail with his family convented before a Synoâ—e threatned Excommunication enjoyned Penance and satisfaction by the Synode for some injuries offered to to Ciueilliauc the two and twentieth Bishop of Landaffe Mauric King of of Glamorgan was excommunicated by Ioseph the eigth and twentieth Bishop of Landaffe for treachâ—rously putting out the eyes of Etguin during the truce between them After which he was again publikely excâ—mmunicated in a Synode for violating the Sanctuarie of the Church of Landaffe and hurting some of this Bishops servants and not absolved till he made his submission and did his Penance and gave some laâ—ds to the Church for satisfaction of these offence Thus Calgucam King of Morganauc and his whole family were solemnly excommunicated by Herâ—wald the nine and twentieth Bishop of Landaffe in a Synod of all his Clergy onely because one of the Kings followers being drunk laid violent hands upon Bathutis the Bishops Physitian and Kinsman on Christmas day Anno 1056. Whereupon all the Crosses and Reliques were cast to the ground the Bells overturned the Church doors stopped up with thorns so as they continued without a Pastor and Divine Service day and night for a long season till the King though innocent submitted himself to the Bishop and to obtain his absolution gave Henâ—inguinna to him and his Successors for ever free from all secular and royall services in the presence of all the Clergie and people So Richard the tenth Bishop of Bangor excommunicated David ap Lhewelin Prince of Wales for detaining his brother Griffith prisoner contrarie to his Oath repairing to him upon the Bishops word for his safe return who never left vexing him till he had delivered him up to to the King of Englands hands Many such presidents of Prelates censuring and excommunicating their Kings occur in Storie which for brevity I pretermit onely I shall inform you that Iohn Stratford Archbishop of Canterbury in the 14. year of K. Edw. 3 contesting with this King and excommunicating divers of his followers and all the infringers of the Churches Liberties presumed to write thus unto his Soveraign There are two things by which the world is principally governed The sacred Pontificall authority and the royall power of which the Priesthood is by so much the more weighty ponderous and sublima by how much they are to give an account of kings themselves at the Divine audit And therefore the kings Majesty ought to know that you ought to depend on their judgement not they to be regulated according to your will For who doubteth that the priests of Christ are accounted the FATHERS AND MASTERS of Kings Princes and all faithfull Christians Is it not known to be a part of miserable madnesse if the son should endeavour to subjugate the Father the servant the master to himself The Canonicall authority of Scriptures testifieth that divers Pontiffs have excommunicated some of them Kings others Emperours And if you require somewhat in speciall of the persons of Princes Saint Innocent smote the Emperour Archadius with the sword of excommunication because he consented that Saint John Chrysostom should be violently expelled from his See Likewise Saint Ambrose Archbishop of Millain for a fault which seemednot so hainous to other priests excommunicated the Emperour Theodosius the great From which sentence having first given condigne satisfation he afterwards deserved to be absolved and many such like examples may be alleaged both more certain for time and nearer for place Therefore no Bishops whatsoever neither may nor ought to be punished by the secular Power if they chance to offend through humane frailtie For it is the duty of a good and religious Prince to honour the Priests of God and defend them with greatest reverence inimitation of the Pious Prince of most happy memory Constantine saying when the cause of Priests was brought before him You cannot be iudged by any to wit of the secular judges who are reserved to the iudgement of God alone according to the assertion of the Apostle very ill applied saying The spirituall man is iudged of no man 1 Corinth 2. 15. Not mean of Bishops or Clergie-men but Saints alone endued with Gods Spirit not of judging in courts of iustice but of discerning spirituall things and their own spirituall Estates as the Context resolves Thus and much more this Prelate who notwithstanding this text of the Romanes pleads an exemption of all Bishops and Priests from the kings secular power by Divine Authority and arrogates to Priest and Prelates a iudiciary lawfull power over Kings themselves to excommunicate and censure them for their offences And to descend to later times even since the the Reformation of Religion here Iohn Bridges Dean of Sarum and Bishop of Oxfort even in his Book intituled The supremacy of Christian Princes over
all persons thorowout their Dominions in all causes so well Ecclesiasticall as spirituall printed at London 1573. p. 1095. writes thus But who denies this M. Saunders that a godly Bishop may upon great and urgent occasion if it shall be necessary to edifie Gods Church and there be no other remedy flee to this last censure of Excommunication AGAINST A WICKED KING Making it a thing not questionable by our Prelates and Clergie that they may in such a case lawfully excommunicate the King himself And Doctor Bilson Bishop of Winchester in his True difference between Christian subiection and unchristian Rebellion dedicated to Queen Elizabeth her self printed at Oxford 1595. Part. 3. Page 369. to 378. grants That Emperours Kings and Princes may in some cases be Excommunicated and kept from the Lords Table by their Bishops and grants That with Hereticks and Apostates be THEY PRINCES or private men no Christian Pastor nor people may Communicate Neither finde I any Bishop oâ— Court Doctor of the contrary opinion but all of them readily subscribe hereto If then not onely the ill Counsellors and Instruments of Kings but Kings and Emperours themselves may thus not onely be lawfully iustly resisted but actually smitten and excommunicated by their Bishops and Clergy with the spirituall sword for their notorious crimes and wickednesses notwithstanding this inhibition which Valentinian the Emperour confessed and therefore desired that such a Bishop should be chosen and elected in Millain after Auxentius as he himself might really and cordially submit to him and his reprehensions since he must sometimes needserre as a man as to the medicine of souls as he did to Ambrose when he was elected Bishop there why they may not likewise be resisted by their Laity in the precedent cases with the temporall sword and subjected unto the censures of the whole Kingdoms and Parliaments transceâ—ds my shallow apprehension to conceive there being as great if not greater or the very self-same reason for the lawfulnesse of the one as of the other And till our Opposites shall produce a substantiall difference between these cases or disclaim this their practice and doctrine of the lawfulnesse of excommunicating Kings and Emperours they must give me and others liberty to conceiye they have quite lost and yeelded up the cause they now contend for notwithstanding this chief Text of Romaâ—es 13. the ground of all their strength at first but now of their ruine The tenth Objection is this that of 1 Pet. 2 13 14 15 16. Submit your selves to every ORDINANCE OF MAN for the Lords sake whether it be to The King AS SVPREAME or unto Governours as unto them that are scut by him to wit by God not the King as the distribution manifests and Rom. 13. 1 2 3 4. For the punishment of evill doers and for the praise of them that doe well c. Feare God Honour the King wee must submit to Kings and honour Kings who are the supream Governours therefore we may in no case forcibly resist them or their Officers though they degenerate into Tyrants To which I answer that this is a meer inconsequent since the submission here injoyned is but to such Kings who are punishers of evill doers and praisers of those that do well which the Apostle makes the Ground and motive to submission therefore this text extends not to Tyrants and oppressors who doe quite contrary We must submit to Kings when they rule well and justly is all the Apostle here affirms Ergo wee must submit to and not resist them in any their violent courses to subvert Religion Lawes Liberties is meer non-sence both in Law Divinity and common Reason If any reply as they doe that the Apostle vers 18 19 20. Bids servants be subject to their Masters with all feare not onely to the good and gentle but also to the froward For this is thank-worthy if a man for conscience towards God endure griefe suffering wrongfully c. Ergo this is meant of evill Magistrates and Kings as well as good I answer 1. That the Apostles speaks it onely of evill â—asters not Kings of servants not subjects there being a great difference between servants Apprentices Villaines and free-borne subiects as all men know the one being under the arbitrary rule and government of their Masters the other only under the just setled legall Government of their Princes according to the Lawes of the Realme Sâ—condly this is meant onely of private personall iniuries and undue corrections of Masters given to servants without iust cause as vers 20. For what glory is it if when yee be BVFFETED FOR your faults c. intimates not of publike iniuries and oppressions of Magistrates which indanger the whole Church and State A Christian servant or subiect must patiently endure private undue corrections of a froward Master or King Ergo whole Kingdomes and Parliaments must patiently without resistance suffer their kings and evill Instruments to subvert Religion Lawes Liberties Realms the proper deduction â—een is but a ridiculous conclusion Secondly This Text enjoynes no more subjection to kings then to any other Magistrates as the words Submit your selves TO EVERY ORDINANCE of Man Or unto Governors c. prove past all contradiction And vers 6 which bids us Honour the King bids 〈◊〉 first in direct tearmes HONOVR ALL MEN to wit All Magistrates at least if not all men in generall as such There is then no speciall Prerogative of irresistability given to kings by this Text in injurious violent courses more then there is to any other Magistrate or person whatsoever God giving no man any Authority to injure others without resistance especially if they assault their persons or â—nvade their Estates to ruine them Since then inferiour Officers and other men may be forcâ—bly resisted when they actually attempt by force to ruine Religion Lawes Liberties the republike aâ— I haue proved and our Antagonists must grant by the self-same reason kings may be resisted too notwithstanding any thing in this Text which attributes no more irresistability or authority to Kings then unto other Magistrates Thirdly Kings are here expresly called AN ORDINANCE OF MAN not God as I have formerly proved them to be If so I then appeal to the consciences of our fiercest Antagonists whether they do beleeve in their consciences or dare take their Oathes upon it That ever any people or Nation in the world or our Ancestors at first did appoint any Kings or Governours over them to subvert Religion Laws Liberties or intend to give them such an unlimited uncontroulable Soveraignty over them as not to provide for their own safety or not to take up Arms against them for the necessary defence of their Laws Liberties Religion Persons States under pain of high Treason or eternall damnation in case they should degenerate into Tyrants and undertake any such wicked destructive designe If not as none can without madnesse and impudence averre the contrary it being against all common