against them for that in so doing they had rebelled against the Lord and rebelled against them for having thereby violated the Covenant which they all made with God in building an Altar besides the Altar of the Lord their God verse 19. not for worshipping as they truly professed but for memorial so fearful they were of God's Wrath that they presently dispatched an Embassy by Phineahs and with him ten Princes of each chief House a Prince throughout all the Tribes of Israel to their Brethren to expostulate the matter and to prevent their sin And see how pithily they dealt with them Is the iniquity of Peor too little for us from which ye are not cleansed to this day but that yee also must depart from following the Lord verse 17. and it will be seeing yee rebel to day against the Lord that to morrow he will be wrath with the whole Congregation of Israel verse 18. Therefore rebel not against the Lord nor rebel against us in building you an Altar besides the Altar of the Lord your God verse 19. Did not Achan the Son of Zerah commit a trespass in the accursed thing and wrath fell on all the Congregation of Israel And that Man perished not alone in his iniquity verse 20. But they returning Answer by the Ambassadors That they built it not to turn from following the Lord nor for burnt offerings nor for sacrifice but for memorial only and for a witness between us and you and our generation after us that we might do service to the Lord c. verse 26 27. Then Phineahs and the Princes of the Congregation and Heads of the Thousands of Israel which were with him said to the Children of Reuben c. This day we perceive that the Lord is among us because ye have not committed this trespass against the Lord but have delivered the Children of Israel out of the hand of the Lord verse 30 31. These practises are sufficient warrant and Authority to all Nations and degrees of Christian Men to maintain and defend the true Christian Religion in it's purity against all opposers for as the Covenant was made with all so all are obliged to stand to it qui non vetat peccare quum possit Jubet What sins of others we labour not within our Province to prevent are ours in the guilt as well as those of our own personal commission Besides this Fact of the Children of Reuben and the rest had it not had that just excuse it had been Rebellion as well against their Brethren as against God and is so declared verse 19. Rebel not against the Lord nor rebel against us and would have provoked God's Wrath and pulled his Judgments on the whole Land in which common Calamity the just and innocent must have suffered and been involved as well as the unjust Offenders and therefore by the natural Law of self preservation they justly might endeavour to prevent the Judgments and Curses threatned by their own strength and endeavours for which reason also all Nations are obliged and have just warrant by the Law of God and Nature to prevent both by Councel and Force as far as in them lies and they sin if they do not The Law warrants it Thou shalt rebuke thy neighbour plainly and not suffer him to sin Levit. 6. 17. The Gospel countenances the same Communicate not with other mens sins 1 Tim. 5. 22. This Covenant was first made between God and the People Afterwards when Kings were set over the People the very same Covenant was renewed and confirmed At the Installation or Inauguration of the King there was a twofold Covenant made first between God the King and the People or between the high Priest God's Substitute the People and the King the People being preferred to the first place 2 Chron. 11. The end and design of which was That the People should be the Lords People 2 Chron. 23. 16. 2 Kings 11. 17. And the King went up into the house of the Lord and all the men of Judah and all the inhabitants of Jerusalem with him and the Priests and the Prophets and all the People both small and great and he read in their Ears all the words of the Book of the Covenant which was found in the House of the Lord. And the King stood by the Pillar and 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 this Covenant that were written in this Book and all the People stood to the Covenant 2 Kings 23. 2 3. Most certainly God never ordained this Covenanting between King and People in vain If the People had no Power nor Authority in promising and performing Covenanting and Reciprocal swearing had been meer superfluous and vain appointments And for certain God never created nor ordained any thing in vain Most probably nay most certainly the Covenant was made inter King Priest and People for the more certain performance thereof that if either the one or the other did the Work of the Lord negligently or violate the Covenant the other might force obedience and performance and be a check to each other The Priest to teach them the Law. If the People transgressed the King to use his Authority if the King the People to use their utmost and all to prefer the good and benefit of the whole before any private Interest whatsoever Both King and Israel plighted their Troths together not separately If two are joyned in Covenant of such a nature as cannot be broken by the one but the other must necessarily and unavoidably be damnified and endangered by such breach the injured Party may in common Justice and by the Law of Nature defend and right himself If Israel forsake God and worship Idols the King may punish If Kings sin after the same manner Israel may reform by the same Law. Thou shalt make no Covenant with them nor with their Gods they shall not dwell in the Land lest they make thee sin against me Exod. 23. 32. But yee shall destroy their Altars break their Images cut down their Groves c. Exod. 34. 13. Of the self-same nature is the Covenant here treated of God in his infinite Wisdom thought it best not to commit the care and oversight of his Covenant and of his Church and People to the will and pleasure of one single Person but as both King and People are all the anointed of the Lord and equally concerned in the keeping or violation thereof and consequently in the Blessings and Cursings denounced on Mount Gerazim and Mount Ebal so his Charge was equally incumbent both on King and People that it being equally every Man's concern so it is every Man's duty and care both joyntly and severally that it be kept inviolably and he will require performance accordingly at their Hands Saul being constituted King over Israel Samuel being Priest and Prophet
be manifest that the People even in such choice had their share their influence and their power also as in Saul And all the People went to Gilgal and there they made Saul King before the Lord in Gilgal 1 Sam. 10. 15. And several Writers are of opinion that Saul was not only anointed with Oyle first privately by Samuel 1 Sam. 10. 12. but also at two other times before the People once at Mizpah an another time at Gilgal So David though he were anointed of the Lord by Samuel yet all the mâ—n of Israel came with a perfect heart to Hebron and anointed David King over Israel and made a Covenant with him before the Lord 1 Chron. 11. 2. 12. 38. In summ Many Writers of several Persuations from these examples conclude that the People under God make the King. Beside the want of the publick Stamp of the People made Zimri who had usurped that Title and Office no King and yet made Omri King 1 Kings 16. 16. And those whom the rulers of Jezreel at Samaria 2 Kings 10. refused to make a King were no Kings This Power of the People made Athaliah a Princess no Princess by their translation of the Crown to Joah 2 Cron. 23. There 's now no Voice no immediate Oracle from Heaven no Samuel no Elisha no inspired Prophets to anoint David not Eliab Solomon not Adoniah no particular persons and therefore no persons can have a just Title to Crowns but by choice and approbation publick God hath only ratified the Kingly Office and described fit qualifications viz. Men of truth hating covetousness c. Exod. 18. 21. Deut. 1. 16 17. but doth not now name or appoint particular Persons but hath left it wholly and freely to the People to chuse for themselves and make their own Conditions It is farther observable that Saul after Samuel from the Lord had anointed him remained a private Person and no King till the People had elected and made him a King. So David though anointed by the same Divine Authority yet remained formally a Subject and not a King till Israel made him King at Hebron So Solomon though by God designed and ordained to be King yet never was King till the people made him King 1 Kings 1. What greater demonstration can there possibly be than such Scriptural both Precepts and Examples as are here set down for justifying of the right of the People in the choice of Kings and not only in the free choice of this or that Person to the Diadem or to this or that Government but also in the alteration and granting of Succession and in the change and alteration of the very Form of Government Moreover by God's owning Kings to reign by him Prov. 8. 16. is no more than God's general owning and constituting all things else viz. thine is the greatness and the power and the glory and the victory and the majesty for all that is in Heaven and Earth is thine thine is the Kingdom O Lord and thou art exalted above all both riches and honour come of thee and thou reignest over all and in thine hand is power and might and in thine hand it is to make great and to give strength unto all 1 Chron. 29. 11 12. This general Right and Power of the Almighty doth not abolish or impeach the Natural Right of his People in chusing themselves a King on their own Tearms and Laws woful experience having taught them that to live by one Man's will would be the cause of all Mens miseries the truth whereof we see experienced to this very day both in the Eastern and Western Empires which constrained them to devise Laws for the Regulation of every Man 's just Right that no Man might by lawless Dominion oppress another but that all should be governed by their own consent by Laws of their own making respect always being had Christianly speaking to the Laws of the Almighty Cui plus licet quam par est plus vult quam licet A People may be without a King but there can be no King without a People and therefore Kings not particularly and immediately named by God must own their Establishment and Inthronization to the People and ought to be accountable in some cases to them for they that give Power are by just Reason accounted greater and more honourable than they that receive it according to that old Maxime Quicquid efficit tale est magis tale and though Kings are to be accounted singulis majores yet are universis minores For Kings are not Patrons of their Kingly Power but Administrators and deputed Executioners thereof Now it necessarily follows that by the same Reason Kings have their Authority from the People so to them they are of right to be accountable for they chuse them and covenant with them for their own good If by God Kings do reign by God also the People have right and liberties to be governed how they please for the immediate appointment of Kings by God himself by his Prophets being now ceased the application of the Powers of the governed to this or that Person is left wholly to the common consent of themselves Be the right of Kings and of the People what it will from God they both equally derive it Wherever the People create themselves a King by the same right he is accountable to them and it participates as much of Divine right for the People to curb and oppose oppressing wicked Kings as to make Kings according to the 149 Psalm 8 9. To bind their kings with chains and their nobles with fetters of iron To execute upon them the judgment written this honour have all his Saints Nay God 's own People on whom he had set his Love had his own Command that when he had brought them into the Land whither they were going to possess That they should smite them and utterly destroy them and shew no mercy unto them Deut. 7. 1 2. Kings are constituted by God and Man to go in and out before them for Protection and Comfort not for Violence and Oppression and it is by righteousness that the Throne is established and iniquity will be the ruine of any Nation fury is not in him Isaiah 27. 4. And God himself hath given no Power to Kings Princes or Potentates but what is just and honest and hath tied them up and bound them by Laws viz. He shall not multiply horses to himself he shall not multiply wives to himself that his heart turn not away neither shall be greatly multiply to himself silver and gold And it shall be when he sitteth upon the Throne of his kingdom that he shall write him a copy of this Law in a Book And he shall read therein all the days 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
Tyranny which Conspiracy though acted so very privately and as it were by stealth yet blamed neither by God nor Man but justified by all Writers both Sacred and Prophane and the success answered the end designed As the King so all Israel as one Man the several Cities as parts of the Kingdom and their Magistrates did covenant with God to keep his Laws c. Joshua when old and near his end congregated all Israel in Sechem in the Presence of the Lord for the Ark of the Covenant was there and called for the Elders of Israel and for their Heads and for their Judges and for their Officers and they presented themselves before God Josh 24. 1. And he said unto them fear the Lord and serve him c. and the People answered and said God forbid that we should forsake the Lord to serve other Gods ver 14. 16. And Joshua said unto the People ye are witness your selves that you have chosen you the Lord to serve him And they said we are Witnesses ver 22. So Joshua made a Covenant with the Lord that day and set them a Statute and an Ordinance in Sechem And Joshua wrote these words in the Book of the Law of God and took a great Stone and set it up there under an Oak that was by the Sanctuary of the Lord and Joshua said unto all the People Behold this Stone shall be a Witness unto us for it hath heard all the words of the Lord which he spake unto us it shall be therefore a Witness unto you least you deny your God ver 24 25 26 27. Hence it is evident that as every individual Person so more especially all Officers in a Kingdom that have any publick Authority ought every one in their several stations to take care that God's Law be fulfilled and of the Peoples happiness which Officers are Officers of the Kingdom from whom they have their Authority according to Laws of their own making and to them they are accountable If the Ark of God be to be brought back then all of the Congregation of Israel are to be summoned and consulted and to give their help 1 Chron. 13. 2 Chron. 15. So if a Temple be to be built to the Lord the chief of the Fathers and Priests of the Tribes of Israel and the Captains of Thousands and of Hundreds with the Rulers are summoned and moved to offer willingly 1 Chron. 29. So that there is no power committed to Kings to alter or change the Laws Covenants or Worship of God. So in the Covenants under Joah and Josiah between God the King and the People all the Kingdom were present and all were particularly bound to keep and stand to the Covenant so that not the King only but the Kingdom nor the Kingdom in general only but all the Parts thereof promise Faith and Allegiance to God Almighty Not the King only but Israel not Israel only but the Cities and chief Governours of them did secretly bind themselves to God to do him homage and leige Services against all Infractors of his Laws 2 Kin. 11. 23. 2 Chron. 23. For Example Libnah revolted from Jehoram because he had forsaken the Lord God of his Fathers 2 Chron. 21. 10. So Mattathias and all they that fled from the Persecution of Antiochus joyned themselves together and smote sinful men in their anger and wicked men in their wrath and they pursued after the proud men and the work prospered in their hands So they recovered the Law out of the hand of the Gentiles and out of the hand of Kings neither suffered they the sinner to triumph 1 Macc. 2. 42 47. saying We will not hearken to the Kings word to go from our Religion either to the right hand or to the left verse 22. So his Son Judas Maccabeus was valiant for the truth and fought for the People and the Sanctuary so prosperously Deo favente against Antiochus that he recovered Jerusalem and restored the pure worship of God from the Gentiles 1 Macc. 3. Though others took part and were obedient to Antiochus and they fell together with the Persecutor for their so doing by the edg of the Sword. When Israel did evil in the sight of the Lord he sold them into the hand of Jabin King of Canaan whom they served twenty years a fair prescription for a Kingdom worshipping strange Gods among whom especially were the Tribes of Reuben Ephraim Benjamin Dan Asser c. who adhered to Jabin Nevertheless Deborah who judged Israel at that time levied force with the assistance of the other Tribes of Zabulon Napthaly and Issachar over whom they made Barack Captain and went along with them being ten thousand men and discomfited the Hoast of Sisera Captain of Jabin and restored the true Worship of God to Israel and then sang Deborah c. Judg. 4. 5. Happily some may say that these Facts of Deborah Jael Mattathias and Libnah ought not to be drawn into imitation and practice as being stirred up by motions extraordinary like that of Phineahs and the Book it self but Apochypha and not so Authentick as Scripture What then It 's certain that not only the King but all Israel and the parts thereof viz. the several Cities and their Magistrates as in Josh 24. covenanted before God and did swear to worship the true God according to his Law which Covenant is expresly in force to this day in all Christian Kingdoms where King and People Covenant each with other and tacitely or interpretatively also where Kings Rule Vi Armis or by fraud or any other unjust way which is down-right Tyranny The People are the People of God and obliged in the first place to God and then to the Kingdom and to the King and though the King have the formality and executive part of Power all Writs Executions Proclamations c. issuing in his Name yet the People have the true Dominion originally Sunt enim universa in Regis Imperio non in Patrimonio Seneca lib. 7. de Benef. c. 6 7. Omnia Rex imperio possidet singuli dominio Consult all Histories search all Antiquity and you will find the true cause of all Rebellion in all Ages and in all Countries to have risen originally and most especially from the abuse of Power first and not from the disobedience of Subjects to the lawful commands of Kings If Kings command unlawful things as they have no Authority so to do so Subjects have no Obligation to obey When Covenants between Prince and People are of such a nature as cannot be broken or violated by either King or People without doing manifest Injury to the other The injured party may seek his Redress and Relief though it be vim vi repellendo which is always to be understood of unjust Force For if the Force be unjust the Defence must be lawful and contrariwise if the Force be just the Defence must be unlawful So that Kings and Princes if transgressors are as truly Transgressors and Invaders
and sworn and be accountable to the same Laws and to them from whom they derive their Authority and Power for whose good and benefit and by whom they were first and primarily enacted and constituted Magistrates are created and appointed by Men. Hence Peter calls both Kings and other Magistrates a human Creation or human Ordinance So Hâ—sea 8. 4. They have set Kings up but not by me th â— have made Princes but I knew it not In the Hebrew Commonwealth and Kingdoms only where they had several ways of resorting unto and consulting God Almighty they might and did refer the Nomination of their Kings unto him but concerning other Nations we have received no such like Custom or Mandate The Precept that God himself gave to the Children of Israel for the choice of their King did more especially respect the Qualifications of Kingship than the Nomination of the Person viz. When thou art come into the Land which the Lord thy God giveth thee and shall possess it and shalt dwell therein and shall say I will set a King over me like as all the Nations round about me thou shalt in any wise set him King over thee which is a manifest Allowance and Commission to appoint their own Kings whom the Lord thy God shall chuse not personally not by his nomination but according to such and such qualifications viz. one from among thy Brethren shalt thou set King over thee thou maist not set a stranger over thee which is not thy Brother But he shall not multiply Horses 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 upon the Throne of his Kingdom that he shall write him a copy of this Law in a Book and it shall be with him and he shall read therein all the days 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 that Commandment to the right hand or to the left to the end that he may prolong his days in his Kingdom he and his Children in the midst of Israel Deut. 17. From hence it is evident under what Laws and Precepts Kings are and ought to govern and if not so qualified and so chosen they can have no just Right to govern Vid. Dr. Sherrock de Officiis c. 4. N o. 8. p. 289. Sometimes the very Form of Government may be vicious and faulty sometimes they that obtain the Power may be so which may proceed from Men and from the Devil And the Devil taking Jesus up into a high Mountain shewed unto him all the Kingdoms of the World in a moment of time And the Devil said unto him All this power will I give thee and the glory of them for that is delivered unto me and to whomsoever I will I give it Hence is he called the Prince of this World John 12. 30. 14. 31. Rev. 13. 2. The Dragon gave unto the Beast Power and his Throne and great Authority yea the God of the World 2 Cor. 4. 4. Wherefore when it is written that there is no Power but of God it is always to be understood not of all Powers whatsoever but of all lawful Powers such as he there described and of the Powers themselves not always of the Persons that have the Power So St. Chrysostom the Powers that are are ordained of God who by his essential Wisdom and Goodness and by the express Warrant of his Ordinance never ordained any but what were good and behooful for the governed therefore the Apostle in this place will be understood of lawful Powers God may and doth permit unlawful Powers for the punishment of wicked doers even by wicked Men which are God's Sword but never ordained such but as his Rod and Scourges Wickedness and Vice and Sin being things inordinate it 's not possible that God should Ordain them and yet be sinful and vitious still he that resisteth the Power viz. lawful Power resisteth the Ordinance of God which Precept equally binds and obligeth Kings as well as Subjects that resist or transgress or obstruct the Laws or endeavour to sham them either by Force or coining Evasions I appeal to Heaven if they that resist Powers not lawful or abusers or overturners of lawful Powers do resist the Ordinance of God or not I do think that no Man in his right senses will say so The Apostle yet makes it more plain that he treats of lawful Powers when he says that Rulers are not a terror to good works but to the evil And he is the Minister of God to thee for good for he beareth not the Sword in vain a revenger to execute wrath on them that do evil Who unless Heathens or Persons of profligated Consciences will refuse to be subject to such Powers not only out of fear of punishment but for Conscience sake for without Civil Government not possible to live in Peace and Happiness But what Power what Magistrates soever ordains or acts contrary can never properly be said to be ordained i. e. allowed and approved of God and therefore this is no Precept no Command to yield Obedience to such neither is it any Precept or Command to forbid us prudently to resist defend and right our selves for in such cases we do not resist the Powers but human Errors of Kings and Princes nor the Magistrates that are ordained of God who ought to be such as the Apostles decipher but either Usurpers or Tyrants or betrayers of the Trust reposed in them who yet notwithstanding if they must be termed Magistrates in that only they have Power to vex revenge and ravage over God's People by the very self-same Logick the Devil is our Magistrate Of one thing only there can be but one true definition if therefore Paul doth here rightly define Magistracy and Magistrates as he doth most accurately then certainly by the same words he cannot define Tyranny Oppression Male-Government things Diametrically opposité and contrary one to the other then certainly to such Magistrates only as the Apostles here describes do we owe Subjection Tribute Honour c. and not to their contrary Reasons assigned are For this cause pay you Tribute also for they are God's Ministers attending continually on this very thing render therefore c. The labourer is worthy of his hire and they that hire ought to have their service and work well done so that if Magistrates fail of their Duty Subjects may slacken their Tribute which is given them only as a recompence of their Watchfulness Pains and Care in well Governing Therefore simple and absolute subjection is not here required but subjection with reason subjoyned which reasons are the Rule and Square of our subjection We are often told by our Priests that Prayers and Tears are the Weapons
Honour to declare them with Christian Charity and reprove them with Christian Modesty Thou shalt not hate thy Brother in thine heart thou shalt in any wise rebuke thy neighbour and not suffer sin to fall upon him Levit. 19. 17. whether he be of a great or little Figure in the World it matters not Go tell Judah of her sins and Israel of her transgressions be who will pleased or displeased therewith By which it appears that though Reproofs and Admonitions have been the Duty of every person from the very beginning of Religion Cry aloud spare not lift up your voice like a trumpet proclaim defiance sound a challenge and charge against them shew the people their transgressions and the house of Jacob their sins Isaiah 58. 1. yet they are seldom or never acceptable but on the contrary get hatred to those that discover their Dalilah's their bosome sins but their comfort is that by reproving they fulfil God's Precepts and he that hateth reproof erreth is bruitish and shall die Pro. 10. 1. 15. Pro. 12. 15. Pro. 10. A most strange and unhappy temper to return hatred for good will to hate those that show the greatest kindness that possibly mortal Man can show he that regardeth reproof shall be honoured and is prudent Prov. 13. 18. Pro. 15. 5. He that refuseth instruction despiseth his own soul but he that heareth reproof getteth understanding ver 32. As to despise Dominion and speak evil of Dignities is a great Crime to be punished by the Judges so there is a wo to them who call evil good and good evil that put darkness for light and light for darkness Isaiah 5. 20. Wherefore if they whose immediate Duty it is to tell Judah of her Sins and Israel of her Transgressions will by a sinful compliance be silent or daub with untempered Mortar not daring to declare plain Truths which is tant à monte a tacite giving consent and countenance to publick Sins and Injuries by such their connivance and dissimulation I hope they will not blame those who dare call Vices by their proper names I am ignorant of such quirks of Conscience which so much injure Justice and Piety as by such perverting the plain Truths of Religion and prevaricating with God Almighty by pleasing Men rather than Truth as if both might not and ought not to stand together as if a due respect to Men even to great Men and a just censure of Sin and Wickedness might not justly be maintained So that if any thing in this present discourse seem more harsh or severe than usual it is intended against the Vices and Abuses of the Powers not against the Persons nor any just Powers If they are Truths that I have declared I ought not to be blamed if Errors they 'l easily be discovered and refuted and the greater Truth will appear If I have committed Errors and injured Truth I am sensible of my own Infirmities and that Reason is seldom so perfectly reduced to Science but that I and all others may be mistaken Humanum est errare Let those that shall discover such Errors consider that they themselves are Men and subject to like Errors and Frailties and may be deceived and that possibly when by disquisition a greater Light may discover that that may be the Readers mistake which he esteemeth may be the Writers Error In summ All the Glory of Kings and Kingdoms ought to serve God by judging righteously by countenancing the Faithful of the Land and not suffering the Wicked to influence their Councils and by walking wisely in a perfect way and by hating the Works of them that turn aside and by not suffering those that have high Looks and proud Thoughts as being made choice of by him to administer in his Kingdom as Nursing-fathers of his people Isaiah 49. 23. God blessed for ever who setteth up Kings and removeth them doth only love the Principality and Kingdom of his own Eternity and himself continually addeth to the Glory and Enlargement thereof but willeth and expecteth the same from all Kings Princes and Governors of Temporal Scepters to do the same and that under severe Menaces and Penalties Whatever therefore of Inlargement Glory Stability the carking Cares or Designs of the great Men of the Earth may project and promise to themselves by being Kings and Princes on the Earth they are all but magnificum nihil toys gewgawes and vanity in the sight of God when put into the Ballance with that Kingdom which Christ alone loveth respecteth and desireth and unto which unless they be heartily subservient to serve and inlarge the Kingdoms of our Lord Jesus Christ they shall become like the chaff of the summer threshing-floor and the wind shall carry them away and the God of Gods and Lord of Kings shall set up a kingdom which shall never be destroyed and the kingdom shall not be left to other people but it shall break in pieces all other kingdoms and it shall stand for ever Dan. 2. 44 45 47. If Kings will not kiss the Son nor do their Duty in purging the House of the Lord may not Eliah and the People do their duty and cast out Baal 's Priests Reformation of Religion is a personal act that belongeth to all even to every private Person according to his place they may swear a Covenant without the King if he refuse and build the Lords House themselves 2 Chr. 15. 9. and relieve and defend one another if oppressed for our Acts and duties of defending our selves and the oppressed do not tye our Consciences conditionally so the King consent but absolutely as all duties of the Law of Nature do Jer. 22. 3. Prov. 24. 11. Isaiah 1. 17. 58. 6. Be wise now therefore O ye kings be instructed ye Judges of the earth Serve the Lord with fear and rejoyce with trembling Kiss the son lest he be angry and you perish from the way when his wrath is kindled but a little blessed are all they that trust in him Psalm 2. Therefore it becomes you that sit upon Thrones to observe and obey the true unquestionable divine Lex Regia to you it is commanded Deut. 17. 18 19 20. viz. to read in the Book of the Law all the days of your lives that you may learn to fear the Lord your God to keep all the words of the law and the statutes to do them that your hearts be not lifted up above your brethren by whom and from among whom ye your selves were chosen and set in great Glory Honour and Dignity to go in and out before them judging righteously and that you turn not aside from the commandment to the right hand or to the left do violence to no man for God hates the violent man and evil shall hunt the violent man to overthrow him Psalm 140. 11. Be content with your Tribute and exact no more than what is appointed you by publick consent take care that there be no violent perverting of Judgment no shamming of
the yoak of such Bondage and Impery is likewise according to the Law of Nature virtus vocatur The People for certain were before there could be any King and consequently Kings must be made by the People and therefore are superior to them in some sense according to quicquid efficit tale est magis tale a rule as true in Politicks as in Naturals Produce who can any one Law of God and Nature or any one Rule of Natural Justice by which Usurpers Tyrants perverters of Law and Justice are to be free of punishment and yet the Inferior People to be subject to punishments for Crimes of the same nature The Reason and Law of Government be it Monarchical or Republick is equally natural Kings by Nature are no more Sacred than those seated in the Government of Republicks who nemine contradicente may and ought to be punished and why not Kings when transgressors their Power being given them by the same Persons and for the very self-same ends and purposes the good of the governed To assert the Oaths and Pacts of Kings with their People to be obliging and yet to be unaccountable and unreprovable for any breach of them is with the Cow to give good Milk and then kick it down at one and the same moment to make good Laws and yet to abolish and null them which ought to have dominion over both Kings and People Look into Ancient Histories which strut with examples of Governors Kings and others brought to Judgment and condemned by the People Lacedaemonians Grecians Romans c. formal Governments Victima haud ulla Amplior Potest magisque opima mactari Jovi Quam Rex Iniquus Senec. Frag. See the Edict of Theodosius and Valens Christian Emperors Codex 1. tit 14. De Authoritate Juris Imperatorum pendet Authoritas The Majesty therefore of Cesars must submit to the Laws on which they depend Whoever consults and considers the very severe Laws of the Romans Grecians Lacedaemonians Carthaginians Athenians against the Licentiousness Oppressions Tyranny Insolencies c. of their Emperors and other Magistrates they will find that they were made with all the Sincerity Care Caution and Wisdom that the Understandings and Wisdoms of those several Countries and Ages could afford and that the breach of them were very severely punished Valerius Publicola Collegue of Junius Brutus after their Kings were banished made a Law That when Tyrants by reason of their armed Soldiers could not be brought to Judgment it should be lawful for any Man to resist them by any means and afterwards to give an account of their so doing Such like Appeals and Examples are common amongst most Nations Ambiorix King of the Gauls confessed that the Multitude had no less Power over him than he had over them Tacitus writes of the Germans Nec Germanorum Regibus infinita aut libera potestas erat de minoribus rebus Principes consultant de majoribus omnes Rex aut Princeps auditur Authoritate suadendi magis quam jubendi potestate si displicuit sententia fremitu aspernatur That their Kings had no Infinite or Arbitrary Power c. It is not unworthy our consideration to recount with how great severity and strictest Discipline of Laws and Ordiances both of the Senate and Common Council the Romans did provide against the exorbitant and imperious licentious Government of their Kings beyond all bounds of reason After the expulsion of Tarquinius Superbus the last Roman King all the Citizens of Rome assembled and concluded that their Government under one whom they called King should for the future be settled on two whom at first they called Praetores afterwards Judices then Consules P. Valerius who was chosen Consul with L. Brutus made a Law That it should be lawful for any Man to Appeal from any Magistrate whomsoever to the People esteeming such Appeals as Bridles and Curbs to licentious Governors And some do contend that Appeals during the Reigns of their Kings from them to the People were in use before and that it was so provided by their Pontifical Books which Law was re-inforced again by Muraena the Consul quo tempore Sora Alba coliniae deductae sunt Afterward when the Decemvirate Impery was annulled the People of Rome the better to provide against Arbitrary Government besides the Tribunes of the People who had the Protectorship of the Liberties and Goods of the People made a new Law That if any should create a Magistrate without the intercession of the People or their Tribunes it should be lawful for to kill him Which Duellius the Consul soon after renewed by an other Constitution That whoever created a Magistrate without the benefit of Appeals his Back and Head should pay for it Notwithstanding all these severities yet the Nobles did oppress the Commons and therefore as the only remedy thereof M. Valerius before the first Punick War made a Law called Lex Valeria which among other things did provide That whosoever appealed from another Magistrate should not be punished either Head or Back But yet the Liberty and Goods of the People not being sufficiently secured but that the more mighty did oppress the less powerful the â—icher the poorer M. Valerius the Consul did a third time promulgate a Law with grievous punishments to those who should prohibit Appeals to the greater Tribunal in so much that those who were violently oppressed and condemned he gave the right of Appeal to the People And yet after a few years Caligula on pretence that Suits should not be spun out and wier-drawn too long did inhibite many Appeals Although Appeals the chief protection of the People from Injuries was ratified by so many Laws and yet proved insufficient thereunto therefore Martius Censor made a Law in behalf of the People That no Man should be preferred twice to those higher places And then Fab. Maximus in favour of the People ordained That no Man should in ten years be admitted to the same Place and Authority Then L. Sylla by a Law forbade any Man under great punishments to be a Praetor before he had been a Quaestor or Consul before he had been a Praetor and the same Man not to be advanced again into the same place within ten years deeming the frequent exaltations into Powers would make the Powers not to be endured which Law was afterwards extended unto twenty years There were many Acts also of the Common Council extant by which it was provided That no Man should bear two Magistracies especially that of the Curulis in one year neither the Plebaeian nor the Patritian And all Magistrates were before admittance to be sworn and not to stay therein above five Days except they were sworn and if they carried themselves proudly and insolently in their Government they were to be cast out the first of such was Tarquinius Superbus afterwards Kingship being banished Sergius and Virginius Tribune Consuls and Cn. Manlius and Servilius Cepio Pro-consuls the Senate for their Male-Government caused
a wonderful deliverance of Israel and venture his own and his Peoples Lives and for what for but the bondage of his Enemies and satisfaction of his Lusts And if Herods Son stand in the way of his ambitious security it were better be his Hog than his Child Melius Herodis Porcum esse quam Filium Macr. Satur. 72. So that the Advocates of Arbitrary Power must justify Pharoah in all his opposition against God and oppression of Israel Moreover Pharaoh had more to say for the Justification of his Tyranny than some other Zamzummims can pretend to viz. that he was under no tyes of Civil or Religious engagements no reciprocal Oaths between him and Israel but having them in Bondage he seems to have something like a right of imposing his will for Law upon Israel yet accounted this Tyranny and Wickedness in Pharaoh Exod. 3. 7 8. So caitiff and prevalent a sin is the impetuous desire of Impery and Revenge tho to our utter ruin and destruction We all naturally love Domination and our Lusts better than our Lands we had rather part with Thousands of Rams and Ten Thousand Rivers of Oyl with the Fruit of our Bodies than with the Sins of our Souls which was the Leaven which fermented and boyled in the breasts of these Lawless Hectors And doth not the same leaven of Haughtiness of Oppression and Revenge ferment and boyl in the Hearts and Breasts of those in our days who so rule and so reign and ravage over whole Nations their Subjects Is it probable that God who having seen the afflictions of his People and heard their groaning and after he had shewed wonders and signs in the Land of Egypt and in the Red-sea and in the Wilderness Forty Years who for their sakes smote great Nations and slew mighty Kings Sihon King of the Amorites and Og King of Bashan and all the Kingdoms of Canaan Thirty one in number Josh 12 and gave their Land for an Heritage unto Israel his People Psal 135. 10 11 12. and taught them Statutes and Judgments to do and govern themselves by and in that good Land which he had given them in possossion which were so righteous that no Nation under Heaven had the like and which all Nations would confess that this great Nation was a Wise and Understanding People who hath God so nigh unto them Is it probable I say that God after he had delivered them so miraculously from so great thraldoms of quod libet licet should yet subject them to the like Lawless Persons or Governments in the world Examine all his Laws observe all his Statutes search all his Judgments and you 'l not find any the least footsteps that way tending only he foretold them what their Kings would do therefore they conclude that it was their just right so to do And because he said they shall be his Servants 1 Sam. 8. 17. therefore he had Right to make them his Slaves and use them like Bruits whereas nothing probably is thereby meant more than that they should be his Servants to pay Tribute Gen. 49. 15. and to serve in his Army when he went out to sight their own Battels Gen. 49. 15. But if Slaves be meant thereby yet it was violent and tyrannous because they had no Law of God or man to entitle them justly so to rule over them so that the Prophet did only declare what they would do not what was their Right to do Now if it be lawful to cry unto God for deliverance it is lawful also to use any rational lawful means and endeavours to extricate and relieve themselves They that will choose a King to the displeasure of God Almighty it s but just they should endure the Iron Furnace without his Relief Can any men not brutishly prepossed believe that God who never breaks his Covenants but keeps them even with his greatest Enemies and Rebels even with the most ungrateful and stiff-necked Jews and yet should establish a Right in Kings and Princes not only to break theirs but to leave the People without a Remedy till Doomes-day in the Afternoon till the day of Judgment there 's no doubt then but that they would be all of the Welsh-Mans mind and cry Let her alone till then and drive on still When Samuel told the Israelites the manner of the King that was to reign over them was it any more or other than what Elisha told Hazael when he should be King what he would do unto the children of Israel viz. Their Strong Holds wilt thou set on Fire and their Young Men wilt thou slay with the Sword and will dash their Children and rip up their Women with Child Did Elisha by this his Prophesy declare that Hazael when a King had just right so to do Surely no for Hazael being convinced of the contrary with great Indignation answered What is thy Servant a Dog that he should do this great thing 2 Kings 8. 12. 13. And yet to urge Samuel for proving an unlimiting power to be of right in Kings to do what they list uncontrolably what is it less then matchless Impudence and horrible Impiety When the Prophet Jeremiah told Coniah this hath been thy manner from thy Youth that thou obeyest not my voice Jer. 22. 21. Did he by telling him of that wicked manner and custom of his in not obeying his voice reproach him or declare a right that he had to do so No more did Samuel by telling the Jews the manner of the Heathen Kings derive a right to the Jewish Kings so to do but be the true meaning what it will what doth it concern Christians who choose Kings Princes Dukes Emperors and Captains general from among themselves grant them Commissions give them Tribute grant them Powers oblige them by solemn Oaths to govern it's true in their own names but by their Power conferred on them and for their Goods which if they abuse it devolves and returns back to them who gave it and they cannot devest themselves of it in which God concerns not himself immediately with it either by Dreams or Vision or by Urim or by Prophets but hath 1 Sam. 26. 6. given them general Precepts in holy Writ to govern themselves by to choose able men such as fear God Men of Truth hating Covetousness and place such over themselves c. Exod. 18. 21. and hath given Laws and Bounds to Kings c. Deut. 17. 17 18 19. which Laws tho' they most particularly concern Kings yet they are not thereby disobliged from the observation from all the other Laws of God to which the whole race of Mankind without respect of Persons is bound to observe and keep so that since the days of the Prophets the Christians neither ask a King by them neither do receive any one by his immediate appointment but make Kings of one from among themselves according to the Law of Nature and of Nations observing Gods holy Laws and Precepts When Samuel 1. 10. 25. told the People
the manner of the Kingdom he wrote it in a Book which Book say the Hebrew Doctors the Kings either tore or burnt that they might more freely tyrannize Though the Pulpits do not march quatuor pedibus along with Leviathan in his Dogma's of Arbitrary Power in Kings and Princes of quod libet licet in the Twentieth Chapter of his Second Part and elsewhere sparsim yet they go hand in hand with him thus far That if Kings do act contrary to the Laws of God and Nature and of Man yet they are responsible and accountable to none but to God himself Whereas there is not one plain Text or Syllable in the whole Bible maugre all false glosses that concludes any thing for Kings being unaccountable unto human Judgments or that they have an absolute Power or Divine Prerogative So that in summ The Pulpits and Leviathan are so far agreed as to dogmatize Lyes and false Doctrines for to justifie that Kings maugre all mutual and reciprocal Laws Pacts and Covenants may act and govern how they please And to justifie and assert that they ought not so to Govern but to observe the Laws of God of Nature and of Men but yet if they do not they are notwithstanding responsible and accountable to none on Earth but to God only for their so doing which in truth differ in their consequences no more than Herring-men do from Fisher-men and both stink in the Nostrils both of God and of all good Men as destructive to the well being and good Government of all human Societies and have no sound Foundation in the Law of God of Nature or of Reason but are contrary to them all for sans doubt they that have Authority to give and apply Power to this or that Person have Authority also to consure his Actions against the Law of Nature 1. Self-preservation than which nothing is more dear and which Nature seeks by all means and endeavours to preserve as inviolable is common to a Man with all other Animals if you tread but upon a Worm it will turn and if it have a Sting or a Fangue or a Poison have at you 2. Then whatsoever may conduce to its other Happiness of its well-being it labours to obtain them and to avoid the contrary and to hate and revenge the Opposers so that vim vi repellere is as natural to Man as to all other Animals Other Laws of Natural consequence implanted and grafted in him in his first Creation for the better Reglement of Communities throughout the whole World as to do good to all to hurt no Innocents to keep Covenants Promises and Contracts faithfully to contribute their utmost to procure the Happiness of the whole of that Kingdom that Commonwealth or that Society or Community whereof they are Members All which are utterly confounded and destroyed by such Leviathan Pulpit Doctrines 3. It 's against the Law of Men and Nations for where ever there are Laws between Kings and People wherein Salus Populi is ever to be presumed to be the Supreme Law for that God made the whole Creation not only for the Necessities but for the Delights also of the whole Race of Mankind in general and equally without respect of Persons solemnly made and sworn unto by mutual consent there they do mutually reciprocally and solemnly bind each other And the Sword placed in the Magistrates hand is not as the material Sword in the hand of Alexander not to untie but to cut the Traces of that fatal Gordian Chariot but the establisht Laws are the true Sword to which both King and People must submit and be responsible if otherwise making of Laws were but Leonis Catulum alere vid. Eras Adag p. 1. 709. For as the Sword of the Spirit is the Word of God so the Sword of Magistrates are the Laws of God and of Man All which Rights and Priviledges of Mankind are utterly destroyed if this Doctrine be good Doctrine Oaths between King and People being of the same nature with that between Rahab and the Spies which if not performed by her they were to be quit of the Oath which She had made them to swear For Kings though in Title in the execution of Laws and in many Prerogatives they are singulis majores yet in the main they are universis minores the reason is irrefrigable for that the People make Kings and not Kings the People And the like reason Christ is the everlasting Head of the Church because Christ made and ordained the Church to be his peculiar People and not the Church Him the Head of them In Paternal Government which is indisputable there the Fathers beget the Children and not the Children the Father and they owe him Obedience though morose and bitter to them yet if he prove a Tyrant over them their Obligation to him is cancelled and if he Murder any of them he himself shall suffer Death Nature gives Fathers to the People but the People make Kings to themselves and therefore Kings are constituted for the People and not the People for Kings Some places of Scripture are urged though of very little force when brought to the Test and well examined As first let my Sentence come forth from thy presence let thine Eyes behold the things that are equal Psalm 17. 2. What hath this Text to do more particularly with the Government between Kings and their People than with all other troubles and afflictions that Mankind in general is subject unto c. being as applicable to every particular Person persecuted and in troubles as to King David here in confidence of his Integrity craveth defence of God against his Enemies and so may any Body else but it proves nothing that Kings if they oppress their Subjects shall be accountable to none but to God Almighty It doth prove that any oppressed King or not King may appeal unto God to plead their Cause and Protect and Defend them And if it be lawful so to Pray it is lawful to put to their own helping Hands to relieve themselves by any lawful means and endeavours and pray to God to bless their endeavours and so by their prayers and endeavours to co-operate together 't is an Appeal to God to judg between him and his Enemies And is it not lawful nay the duty of all States and Kingdoms to make the like Appeals and Supplications to God Almighty It 's probable that David wrote this Psalm when he was troubled and persecuted by Saul even after he was anointed of God and because he did then make Supplications and Appeal to Jonathan for his life if there be iniquity in me slay me thy self for why shouldst thou bring me to thy Father Will it follow therefore that court was to be made to Jonathan only I doubt not This is a great Example and Encouragement to those that are falsly accused to appeal to God by Prayers and Supplications for help and the reasons that follow are great viz. thine Eyes behold the things that are