Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	authority_n	king_n	kingdom_n	1,417	5	5.6187	4	false

Text snippets containing the quad

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

objection made what will you say That a whole people that beast of many heads must they run Dominus l. 1. D. de dolo malo in a mutinous disorder to order the businesses of the Common-wealth What addresse or direction is there in an unruly and unbridled multitude what counsell or wisdome to manage the affaires of State When we speak of all the people we understand by that only What is to be understood by this word people those which hold their authority from the people to wit the Magistrates which are inferiour to the King and whom the people hath substituted or established as it were Consorts in the Empire and with a kind of Tribunitiall authority to restrain the encroachments of Sovereignty and to represent the whole body of the people We understand also the Assembly of the Estates which is nothing else but an Epitomy or briefe collection of the Kingdome to whom all publique affaires have speciall and absolute reference such were the Seventy Ancients in the Kingdome of Israel amongst whom the High Priest was as it were president and they judged all matters of greatest importance those seventy being first chosen by six out of each Tribe which came out of the land of Egypt then the Heads or Governors of Provinces In like manner the Judges and Provosts of Towns the Captains of thousands the Centurions and others which commanded over Families the most valiant noble and otherwaies notable personages of whom was composed the body of the States assembled divers times as it plainly appears by the words of the holy Scripture At the election of the first King which was Saul all the Ancients of Israel assembled together at 1 Sam. 1. 4. Rama In like manner and all Israel was assembled or all Judah and Benjamin c. Now it is no way probable that all the people one by one met together there Of this ranck there are in every well governd Kingdom the Princes the Officers of the Crown the Peers the greatest and most notable Lords the Deputies of Provinces of whom the ordinary body of the Estate is composed or the Parliament or the Diet or other Assembly according to the different names used in divers Countries of the world in which Assemblies the principall care is had both for the preventing and reforming either of disorder or detriment in Church or Common-wealth For as the Counsels of Basil and Constance have decreed and well decreed that the universal Councel is in Authoritie above the Bishop of Rome As in like manner the whole Chapter may over-rule the Bishop the Vniversitie the Rector the Court the President Briefly he whosoever he is that hath received authoritie from a Company is inferior ro that whole company although he be superior to any of the particular Members of it Also is it without any scruple or doubt that Israel which demanded and established a King as Governor of the Publick must needs be above Saul established at their request and for Israels sake as it shall be more fully proved hereafter And for so much as an orderly proceeding is necessarily required in all affairs discreetly addressed and that it is not so probably hopefull that order shall be observed amongst so great a number of people yea and that there oftentimes occurs occasions which may not be communicated to a multitude without manifest danger of the Common-wealth We say that all that which hath been spoken of priviledges granted and right committed to the people ought to be referred to the Officers and Deputies of the Kingdom and all that which hath been said of Israel is to be understood of the Princes and Elders of Israel to whom these things were granted and committed as the practice also hath verified The Queen Athalia after the death of her son Ahazia King of ● Chron. 23. Judah put to death all those of the royal bloud except little Joas which being yet in the cradle was preserved by the piety and wisedome of his Aunt Iehoshabeah Athalia possesseth her self of the government and reigned six year over Judah It may well be the people murmured between their teeth and durst not by reason of danger express what they thought in their minds Finally Jehoida the High-Priest the husband of Jehoshabeah having secretly made a league and combination with the chief men of the Kingdom did anoint and Crown King his Nephew Joas being but seven year old And he did not content himself to drive the Queen-Mother from the royal Throne but he also put her to death and presently overthrew the Idolatry of Baal This deed of Jehoiada is approved and by good reason for he took on him the defence of a good Cause for he assailed the Tyranny and not the Kingdom The Tyranny Barto● de Tirann●d Deut. 17. 15. I say which had no Title as our modern Civilians speak For by no Law were women admitted to the government of the Kingdom of Judah Furthermore that Tyranny was in vigor and practice For Athalia had with unbounded mischief and cruelty invaded the Realme of her Nephews and in the administration of that Government committed infinite wickedness and which was the worst of all had cast off the service of the the living God to adore and compel others with her the Idol of Baal Therefore then was she justly punished and by him which had a lawful calling and authority to do it For Jehoida was not a private and particular person but the High-Priest to whom the knowledge of civil causes did then belong And besides he had for his Associats the principal men of the Kingdom the Levites and being himself the Kings kins-man and ally Now for so much as he assembled not the estates at Mizpah according to the accustomed manner he is not reproved for it neither for that he consulted and contrived the matter secretly for that if he had held any other manner of proceeding the business must probably have sailed in the execution and success Bartol in tract de Guelph Gibel A combination or conjuration is good or ill according as the end whereunto it is addressed is good or ill and perhaps also according as they are affected which are the managers of it We say then that the Princes of Judah have done well and that in following any other course they had failed of the right way For even as the guardian ought to take charge and care that the goods of his pupil fall not into losse and detriment and if he omit his duty therein he may be compelled to give an account thereof In like manner those to whose custody and tuition the people have committed themselves and whom they have constituted their Tutors and defenders ought to maintain them safe intire in all their rights and priviledges To be short as it is lawfull for a whole people to resist and oppose Tyranny Vlp. l. 260. D. de reg ●●ui so likewise the principal persons of the Kingdom may

house-hold breakes his staffe of office and sayes Our Master is dead let every one provide for himselfe On the other side the kingdom hath her officers to wit the Mayor of the Palace which since hath been called the Constable the Marshals the Admirall the Chancellour or great Referendary the Secretaries the Treasurers and others which heretofore were created in the Assembly of the three Estates the Clergy the Nobility and the People Since that the Parliament of Paris was made Sedentary they are not thought to be established in their places before they have beene first received and approved by that course of Parliament and may not be dismissed nor deposed but by the authority and consent of the same Now all these officers take their oath to the Kingdome which is as much as to say to the people in the first place then to the King which is protector of he Kingdome the which appears by the tenour of the oath Above all the Constable who receiving the Sword from the King hath it girded unto him with this charge That he maintain and defend the Common-wealth as appears by the words that the King then pronounceth Besides the kingdome of France hath the Peers so called either for S. Filius fam instit quib mod jus patriae pot solvitur that they are the Kings companions or because they are the Fathers of the Common-wealth taking their denominations from the severall Provinces of the kingdome in whose hands the King at his inauguration takes his oath as if all the people of the kingdome were in them present which shews that these twelve Peers are above the King They on the other side swear That they will preserve not the King but the Crown that they will assist the Common-wealth with their councell and therefore will be present with their best abilities to councell the Prince both in peace and war as appears plainly in the Paitentee of their Peership And they therefore have the same right as the Peers of the Court Renatus ch●pinus ' lib. 3. which according to the Law of the Lumbards were not only associates to the Lord of the Fee in the judgment of cau●es but also did take an ●ccount and judge the differences that happenod between the Lord and his vassall We may also know that those Peers of France did often discusse suits and differences between the King and his Subjects Insomuch that when Charles the 6. would have given sentence against the Duke of Brittain they opposed it alleadging that the discussing of that businesse belonged properly to the Peers and not to the king who might not in any 〈◊〉 derogate from their authority Therefore it is that yet at this day the Parliament of Paris is called the Court of Peers being in some sort constituted Judge between the king and the people yea between the king and every private person and is bound and ought to maintain the meanest in the kingdome against the kings Attorney if he undertake any thing contrary to law Furthermore if the king ordain any thing in his Councell if he treat any agreement with the Princes his neighbours if he begin a Warre or make peace as lately with Charles the 5. the Emperour the Parliament ought to interpose their authority and all that which concerns the publike State must be there inregistred neither is there any thing firm and stable which the Parliament doth not first approve And to the end that the Councellours of that Parliament should not fear the king formerly they attained not to that place but by the nomination of the whole body of the Court neither could they be dismissed for any lawfull cause but by the authority of the said Body Furthermore if the Letters of the King be not subsigned by a Secretary of the Kingdom at this day called a Secretary of State and if the Letters Pattents be not sealed by the Chancellour who hath power also to cancell them they are of no force or value There is also Dukes Marquesses Earls Vicounts Barons Seneschabs and in the cities and good towns Mayors Baylistes Lieutenants Capitols Consuls Sindiques Sheriffs and others which have speciall authority through the Circuit of some countries or towns to preserve the people of their jurisdiction Time it is that at this day some of these dignities ere become hereditary Thus much concerning the ordinary Magistrates The Assembly of the three Estates Besides all this anciently every yeer and since lesse often to wit when some urgent necessity required it the generall or three Estates were assembled where all the Provinces and Townes of any worth to w●t the Burgesses Nobles and Ecclesiasticall persons did all of them send their Deputies and there they did publikely deliberate and conclude of that which concerned the publike state Alwayes the authority of this Assembly was such that what was there determined whether it were to treat peace or make war or create a Regent in the Kingdom or impose some new tribute it was ever held firm and inviolable nay which is more by the authority of this Assembly the Kings convinced of loose intemporancy or of insufficiency for so great a charge or tyranny were disthronized yes their whole Races were for ever excluded from their succession to the Kingdome no more nor lesse as their Progenitors were by the same authority formerly called to the administration of the same Kingdome Those whom the consent and approbation of the Estates had formerly raised were by the dissent and disallowing of the same afterwards cast down Those which tracing in the vertuous steps of their Ancestors were called to that dignity as if it had been their inheritance were driven out and dis-inherited for their degenerating ingratitude for that being tainted with insupportable vices they made themselves uncapable and unworthy of such honour This shews that succession was tollerated to avoid practises close and under-hand canvasing discontents of persons refused contentions interraines and other discommodities of elections But on the other part when successiou brought other mischiefes more pernicious when tyrannie trampled on the Kingdome and when a Tyrant possessed himselfe of the Royal Throne the Medicine proving much worse then the Disease then the Estates of the Kingdome lawfully assembled in the name of all the people have ever maintained their authority whether it were to drive out a Tyrant or other unworthy King or to establish a good one in his place The ancient French had learned that of the Gauses as Caesar shewes in his Commentaries For Ambiorix King of the Eburons or Leigeons confesseth That such were the condition of the Gaulish Empire that the people lawfully assembled had no lesse power over the King then the Caes l. 5. 7. de bello Gal. lico King had over the people The which appears also in Vircingentorix who gives an account of his actions before the Assembly of the people In the kingdoms of Spain especially Aragon Valentia and Catalonia there is the very same For

people in the generall Assembly of the States he grew insolent and relying on the counsell of his Minions arrogantly threatens to lay beavier burthens on them hereafter No man can doubt but that according to the tenour of the contract first passed betweene the King and the people the prime and principall Officers of the Kingdome had authority to represse such insolence They were only blameable in this that they did that by faction and division which should more properly have beene done in the generall Assembly of the States in like manner in that they transferred the Scepter from Juda which was by God onely confin'd to that Tribe into another linage and also as it chances in other affaires for that they did ill and disorderly manage a just and lawfull cause Prophane histories are full of such examples in other Kingdomes Brutus Generall of the Souldiers and Lueretius Governour of the Citie of Rome assemble the people against Tarquinius Superbus Titus Livi. lib. 1. and by their authority thrust him from the royall Throne Nay which is more his goods are confiscated whereby it appeares that if Tarquinius had beene apprehended undoubtedly hee should have beene according to the publique lawes corporally punished The true causes why Tarquinius was deposed were because he altered the custome whereby the King was obliged to advise with the Sena●e on all weighty affaires that he made Warre and Peace according to his owne fancie that he treated confederacles without demanding counsell or consent from the people or Senate that he violated the Lawes whereof he was made Guardian briefly that he made no reckoning to observe the contracts agreed between the former Kings and the Nobility and people of Rome For the Roman Emperours I am sure you remember the sentence pronounced by the Senate against Nero wherein he was judged enemie to the Common-wealth and his body condemned to be ignominiously cast on the dung-hill and that other pronounced against Vitellius which adjudge him to be shamefully dis-membred and in that miserable estate trayled through the Citie and at last put to death another against Maximinius who was dispoild of the Empire and Maximus and Albinus established in his place by the Senace There might also be added many others drawne from unquestionable Historians The Emperour Trajan held not himselfe exempt from lawes neither desired he to be spared if he became a Tyrant for in delivering the Sword unto the great Provost of the Empire he sayes unto him If I command as I should use this sword for mee but if I doe otherwayes unsheath it against me In like manner the French by the authority of the States and solicited thereunto by the Officers of the Kingdome deposed Childerick the first Sigisbert Theodoricke and Childericke the third for their tyrannies and chose others of another Family to sit on the Royall Throne Yea they deposed some because of their idlenesse and want of judgment who exposed the State in prey to Panders Curtesans Flatterers and such other unworthy mushromes of the Court who governed all things at their pleasure taking from such rash Phaetous the bridle of government left the whole body of the State and people should be consumed through their unadvised folly Amongst others Theodoret was degraded because of Ebroinus Dagobert for Plectude and Thiband his Pander with some others the Estates esteeming the command of an effeminate Prince as insupportable as that of a woman and as unwillingly supporting the yoke of tyrannous Ministers managing affaires in the name of a loose and unworthy Prince as the burden of a tyrant alone To be briefe no more suffering themselves to be governed by one possessed by a Devill than they would by the Devill himselfe It is not very long since the Estates compeld Lewis the eleventh a Prince as subtile and it may be as wilfull as any to receive thirtie six Overseers by whose advise he was bound to governe the affaires of State The descendants from Charlemaine substituted in the place of the Merovingiens for the government of the kingdome or those of Capet supplanting the Charlemains by order of the Estates and raigning at this day have no other nor better right to the Crowne than what wee have formerly described and it hath ever been according to Law permitted the whole body of the people represented by the counsell of the Kingdome which are commonly called the Assembly of the States to depose and establish Princes according to the necessities of the Common-wealth According to the same rule wee reade that Adolph was removed from the Empire of Germany Anno 1296. because for covetousnesse without Anno 1296. any just occasion he invaded the Kingdome of France in favour of the English and Wenceslaus was also deposed in the yeare of our Lord 1400. Yet were not these Princes exceeding bad ones 1400. but of the number of those which are accounted lesse ill Elizabeth the wife of Edward the second King of England assembled the Parliament Froisard li. 1. cap. 1. against her husband who was there deposed both because he tyrannized in generall over his Subjects as also for that he cut Reade the manner of the deposing of Richard the second off the heads of many noble men without any just or legall proceeding It is not long since Christierne lost the Crowne of Denmarke Henry that of Sweden Mary Steward that of Scotland for the same or neere resembling occasions and the most worthy Histories relate divers alterations and changes which have hapned in like manner in the Kingdomes of Polonia Hungarie Spaine Portugall Bohemia and others But what shall we say of the Pope himselfe It is generally held Ant de But. confil quod positum est inter consil Paul de Castro vel antiq nu 412. incip viso puncto that the Cardinalls because they doe elect him or if they fayle in their dutie the Patriarkas which are next in ranke to them may upon certaine occasions maugre the Pope call a Councell yea and in it judge him As when by some notorious offence he scandalizeth the universall Church if he be incorrigible if reformation be as necessary in the head as the members if contrary to his oath he refuse to call a generall Councell And we reade for certaine that Mar. Laud●ns in tract de Card. 1. l. 2. q. 35. Ph●lip Deci●s in quodan co ●i●o cujus verbs suerunt Andr. B●●h in d. con●● 1. lib. 1. 〈◊〉 6. 〈…〉 de major obed divers Popes have been deposed by generall Councells But if they obstinately abuse their authoritie there must saith Baldus first be used verball admonitions secondly herball medicament● or remedies thirdly stones or compulsion for where vertue and faire meanes have not power to perswade there force and terror must be put in ure to compell Now if according to the opinions of most of the learned by decrees of Councels and by custome in like occasions it plainly appeares that the Councell may depose the P●pe

be disabled to give satisfaction the other must satisfie the creditors who ought not to be endamaged though one of his debtors have ill husbanded his estate this ought not to be doubted in regard of Israel toward their King and of the King towards Israel in case one of them apply himselfe to the service of Idols or breake their Covenant in any other sort the one of them must pay the forfeiture and be punished for the other Now that the Covenants of which we at this time treat is of this nature it appeares also by other testimonies of Holy Scripture Saul being established King of Israel Samuel Priest 1 Sam. 12. 14. 25. and Prophet of the Lord speakes in this manner to the people Both you and your King which is over you serve the Lord your God but if you persevere in malice he taxeth them of malice for that they preferred the government of a man before that of God you and your King shall perish He adds after the reason For it hath pleased God to chuse you for his people You see here both the parties evidently conjoyned in the condition and the punishment In like manner Asa King of Judah by the counsel of the Prophet Azarie assembleth all the people at Jerusalem to wit Juda and Benjamin to enter into Covenant with God Thither came also divers of the Tribe of Ephraim Manasses and Simeon which were come thither to serve the Lord according to his own ordinance After the sacrifices were performed according to the Law the Covenant was contracted in these termes Whosoever shall not call upon the Lord God of Israel be he the least or the greatest let him dye the death In making mention of the greatest you see that the King himselfe is not excepted from the designed punishment But who may punish the King for here is question of corporall 2 king 23. 2. and temporall punishment If it be not the whole body of the people to whom the King sweareth and obligeth himselfe no more nor lesse than the people doe to the King we read also that King Josias being of the age of twenty and 2 Chron. 4. 29. five yeares together with the whole people doth make a Covenant with the Lord the King and the People promising to keepe the Lawes and Ordinances of God and even then for the better accomplishing of the tenour of this agreement the Idolatry of Baall was presently destroyed If any will more exactly turne over the holy Bible he may well finde other testimonies to this purpose But to what purpose should the consent of the people be required wherefore should Israel or Juda be expresly bound to observe the Law of God for what reason should they promise so solemnly to be for ever the people of God If it be denied by the same reason that they had any authority from God or power to free themselves from perjury or to hinder the ruine of the Church For to what end should it serve to cause the people to promise to be the people of God if they must and are bound to endure and suffer the King to draw them after strange Gods If the people be absolutly in bondage wherefore is it commanded then to take order that God be purely served if it be so that they cannot properly oblige themselves to God and if it be not lawfull for them by all to indeavour the accomplishment of their promise shall we say that God hath made an agreement with them which had I. quod att●net 32. 1. D. de reg jur no right neither to promise nor to keep promise But on the contrary in this businesse of making a Covenant with the people God would openly and plainly show that the people hath right to make hold and accomplish their promises and contracts For if he be not worthy to be heard in publique Court that will bargaine or contract with a slave or one that is under tutillage shall it not be much more shamefull to lay this imputation upon the Almighty that he should contract with those which had no power to performe the conditions covenanted But for this occasion it was that when the Kings had broken their Covenants the Prophets always addressed themselves to the house of Juda and Jacob and to Samaria to advertise them of their duties Furthermore they required the people that they not only with-draw themselves from sacrificing to Baal but also that they cast down his Idoll and destroy his Priests and service yea even maugre the King himselfe For example Ahab having killed the Prophets of God the Prophet Elias assembleth the people and as it were convented the Estates and doth there taxe reprehend and reprove every one of them the people at his exhortation doe take and put to death the Priests of Baal And for so much as the King neglected his duty it behoved Israel more carefully to discharge theirs without tumult not rashly but by publicke authority the Estates being assembled and the equity of the cause orderly debated and sufficiently cleared before they came to the execution of justice On the contrary so often and always when Israel hath fayled to oppose their King which would overthrow the service of God that which hath been formerly said of the two Debtors the inability and ill husbandry of the one doth ever prejudice the other the same hapned to them for as the King hath been punished for his Idolatry and Disloyaltie the people have also beene chastised for their negligence connivencie and stupidity and it hath commonly hapned that the Kings have bin much more often swarved and drawn others with them then the people for so much as ordinarily the great ones mould themselves into the fashion of the King and the people conforme themselves in humours to those that governe them to be briefe all more usually offend after the example of one then that one will reform himselfe as he seeth all the rest This which we say will perhaps appeare more plainly by examples what doe we suppose to have been the cause of the defeat and overthrow of the Army of Israel with their King Saul Doth God correct the people for the sinnes of the Prince Is the child 1 Sam. 31. beaten instead of the Father It is a discourse not easily to be digested say the Civilians to maintain that the children should bear the punishments due for the offences of their Fathers the Laws doe not permit that any one shall suffer for the wickednesse of another Now God forbid that the Judge of all the world saith Gen. 18. 25. Deut. 24. 16. 2 King 14 6. Ezech. 18. 20. Abraham should destroy the innocent with the guilty On the contrary saith the Lord as the life of the Father so the life of the sonne is in my hands the fathers shall not be put to death for the children neither shall the children be put to death for the fathers every man shall be put to death for

like The which is the rather to be allowed in that Subjects are neither slaves nor intra●ch●●de servants but brothers and not onely the Kings b●ethren taken one by one but also considered in one body they ought to be e●●e●n●ed absolute Lords and owners of the Kingdom Whether the King be the usufruictuor of the Kingdom But if the King be not Lord in proprietie yet at the least we may esteeme him usufruictuor of the Kingdom and of the Demean nay truly we can allow him to have the usufruit for being usufruictuor though the proprietie remain in the people yet may he absolutely dispose of the profits and ingage them at his pleasure Now we have already proved that Kings of their own Authority cannot ingage the Revenues of the Exchequer or the Demain of the Kingdom The usufroictuor may dispose of the profits to whom how and when he pleaseth Contrarily the excessive gifts of Princes are ever judged void his unnecessary expences are not allowed his superfluous to be cut off and that which is expended by him in any other occasion but for the publick utilitie is justly esteemed to be unjustly extorted And is no lesse liable to the Law Cincea then the meanest Roman Citizen formerly was In France the Kings gifts are never of force untill the Chamber of Accounts have confirmed them From hence proceed the postils of the ordinarie Chamber in the giving up of the Accounts in the Reigns of prodig all kings Trop donne soyt repele which is excessive gifts must be recal●ed The Judges of this Chamber solemnly swear to passe nothing which may prejudice the Kingdom or the publick State notwithstanding any letters the King shall write unto them but they are not alwayes so mindfull of this oath as were to be desired Furthermore the Law takes no care how a usufruictuor possesseth and governes his revenues but contrariwise she prescribes unto the King how and to what use he shall imploy his For the ancient Kings of France were bound to divide their royall revenues into foure parts The first was imployed in the maintaining of the Ministers of the Church and providing for the poore The second for the Kings table The third for the wages of his Officers and houshold servants The last in the repairing of bridges castles and the royall Palaces And what was remaining was layd up in the treasurie to be bestowed Monstrel in Car. 6. on the necessities of the Common-wealth And Histories do at large relate the troubles and tumults which hapned about the yeer 1412 in the Assemblie of the Estates at Paris because Charles the sixt had wasted all the money that was raised of the revenues and demean in his own and his minnions loose pleasures and that the expences of the Kings houshold which before exceeded not the summe of 94000. francks did amount in that miserable estate of the Common wealth to five hundred and fourty thousand francks Now as the demeane was imploied in the before mentioned affaires so the aydes were onely for the war and the taxes assigned for the payment of the men at armes and for no other occasion In other Kingdomes the King hath no greater authority and in divers lesse especially in the Empire of Germanie and in Poland But we have made choise of the Kingdome of France to the end it be not thought this hath any speciall prerogative above others because there perhaps the common-wealth receiveth the most detriment Briefly as I have before said the name of a King signifie● not an inheritance nor a Propriety nor a usufruict but Ex concil Valem in c. 1. ●e his quae fiunt a praelat abque consenlucapit a charge office and procuration As a Bishop is chosen to look to the wellfare of the soul so is the King established to take care of the body so far forth as it concerns the publick good the one is dispensor of the heavenly treasure the other of the secular and what right the one hath in the Episcopall revenues the same hath the other and no greater in the Kingdoms demean If the Bishop alien the goods of the Bishoprick without the consent of the Chapter this alienation is of no value If the King alien the demeane without the approbation of the Estates that is also void one portion of the Eclesiasticall goods ought to be imployed in the reparation of the Churches the second in releiving of the poore the third for the maintenance of the Church-men and the fourth for the Bishop himself We have seen before that the King ought to divide into foure parts the R●venues of the Kingdoms demeane The abuse of these times cannot infringe or annihilate the right for although the most part of the Bishops steale from the poor that which they profusely cast away on their pandars and ruine and destroy their lands and woods the calling of the Bishop is not for all that altered Although that some Emperors have assumed to themselves an absolute power that cannot invest them with any further right because no man can be judge in his own cause What if some Caracalla vaunt he will not want money whilest the sword remaines in his custodie The Emperor Adrian will promise on the contrary so to discarge his office of Principalitie that he will alwaies remember that the Common-wealth is not his but the peoples which one thing almost distinguisheth a King from a Tyrant Neither can that act of A●talus King of Pergomus designing the Roman people for heires to his Kingdome nor that of Alexander for Egypt nor P●olom for the Cyrenians bequeathing their Kingdomes to the same people nor Praesutagus King of the Icenians which left his to Caesar draw any good consequence of right to those which usurpe that which by no ●ust title belongs to them nay by how much the intrusion is more violent by so much the equity justice of the cause is more perspicuous for what the Romās assumed under the colour of right they would have made no difficulty if that pretext had been wanting to have taken by force we have seen almost in our daies how the Venetians possest themselves of the Kingdom of Ciprus under pretence of an imaginarie adoption which would have proved rediculous if it had not been seconded by power and armes To which also may be not unfitly resembled the pretended donation of Constantine to Pope Silvester for that straw of the decretist Gratian was long since consumed and turned to ashes neither is of more validity the grant which Lewis the courteous made to Pope Paschal of the Citie of Rome and part of Italy because he gave that which hee possessed not no man opposed it But when his Father Volater l. Geogr 3. Charlemain would have united subjected the Kingdome of France to the Germane Empire the French did lawfully oppose it and if he had persisted in his purpose they were resolved to have hindered him and defended themselves by armes There can be to as

portion of the Kingdome as Dukes Marquisses Earles Sheriffes Mayors and the rest are bound by the dutie of their place to succour the Common-wealth and to free it from the burden of Tyrants according to the ranke and place which they hold of the people next after the King The first ought to deliver the whole Kingdome from tyrannous oppression the other as tutors that part of the Kingdome whose protection they have undertaken the dutie of the former is to suppresse the Tyrant that of the latter to drive him from their confines Wherefore Mattathias being a principall man in the State when some basely connived others pernitiously consorted with Antiochus the tyrannous oppressors of the Jewish Kingdome he couragiously opposing the manifest oppression both of Church and State incourageth 1 Machab. 3. 43. the people to the taking of Armes with these words Let us restore the decayed estate of our people and let us fight for our people and for the Sanctuarie Whereby it plainly appeares that not for Religion onely but even for our Countrey and our possessions wee may fight and take armes against a tyrant as this Antiochus was For the Machabites are not by any questioned or reprehended for conquering the Kingdome and expelling the tyrant but in that they attributed to themselves the royall dignitie which onely belonged by Gods speciall appointment to the tribe of Juda. Humane Histories are frequently stored with examples of this Justin lib. 1. Diodor. lib. 2. cap. 37. kinde Arbactus Governour of the Medes killed effeminate Sardanapalus spinning amongst women and sportingly distributing all the treasures of the Kingdome amongst those his loose companions Vindex and Galba quit the partie of Nero yea though the Senate connived and in a sort supported his tyrannie and drew with them Gallia and Spaine being the Provinces whereof they were Governours But amongst all the Decree of the Senate of Sparta is most notable and ought to passe as an undeniable Maxime amongst all Nations The Spartans being Lords of the City Bizantium sent Olearchus thither for Governour and Commander for the warres who took Corn from the Citizens and distributed it to his Souldiers In the mean time the families of the Citizens died for hunger Anaxilaus a principall man of the Citie disdaining that tyrannous usage entred into treaty with Alcibiades to deliver up the Town who shortly after was received into it Anaxilaus being accused at Sparta for the delivery of Bizantium pleaded his cause himselfe and was there acquit by the Judges for said they warres are to be made with enemies and not with Nature Nothing being more repugnant to Nature than that those which are bound to defend a City should be more cruell to the inhabitants than their enemies that besiege them This was the opinion of the Lacedemonians certainly just Rulers Neither can he be accounted a just King which approves not this sentence of absolution for those which desire to govern according to the due proportion of equity and reason take into consideration as well what the Law inflicts on tyrants as also what are the proper rights and bounds both of the Patritian and Plebeian orders But we must yet proceed a little further There is not so mean a Mariner but must be ready to prevent the ship-wrack of the vessell when either the negligence or wilsulnesse of the Pilot casts it into danger Every Magistrate is bound to relieve and as much as in him lies to redresse the miseries of the Common-wealth if he shall see the Prince or the principall Officers of State his associates by their weaknesse or wickednesse to hazard the ruine thereof Briefly he must either free the whole kingdome or at least that portion especially recommended to his care from their imminent and incroaching tyranny But hath this duty proper relation to every one Shall it be permitted to Hendonius Sabinus to Ennus Suranus or to the Fencer Spartanus or to be briefe to a meere private person to present the bonnet to slaves put Armes into the hand of subjects or to joyn battell with the prince although he oppresse the people with tyranny No certainly The Common wealth was not given in charge to particular persons considered one by one but on the contrary particulars even as Papists are recommended to the care of the principall Officers and Magistrates and therefore they are not bound to defend the Common-wealth which cannot defend themselves God nor the people have not put the sword into the L. 2. de Sedi●●●sis hands of particular persons Therefore if without commandment they draw the sword they are seditions although the cause seem never so just Furthermore the prince is not establisht by private and particular persons but by all in generall considered in one intire body whereupon it followes that they are bound to attend the commandment of all to wit of those which are the representative body of a kingdom or of a Province or of a Citie or at the least of some one of them before they undertake any thing against the prince For as a pupill cannot bring an action but being avowd L. 8. l. 9. D. de aucto constict cur in the name of his Tutor although the pupill be indeed the true proprietor of the estate and the tutor onely owner with reference to the charge committed unto him so likewise the people may not enterprise actions of such nature but by the command of those into whose hands they have refigned their power and authority whether they be ordinary Magistrates or extraordinary created in the Assembly of the Estates whom if I may so say for that purpose they have girded with their sword and invested with authority both to govern and defend them establisht in the same kind as the Pretor at Rome who determined Sencea lib. 1. de Benefic all differences between masters and their servants to the end that if any controversie happened between the King and the subjects they should be Judges and preservers of the right lest the subjects should assume power to themselves to be judges in their own causes And therefore if they were opprest with tributes and unreasonable imposts if any thing were attempted contrary to covenant and oath and no Magistrate opposed those unjust proceedings they must rest quiet and suppose that many times the best Physitians both to prevent and cure some grievous disease do appoint both letting blood evacuation of humors lancing of the flesh and that the affaires of this world are of that nature that with much difficulty one evill cannot be remedied without the adventuring if not the suffering of another nor any good be atchieved without great pains They have the example of the people of Israel who during the reigne of Solomon refused not to pay those excessive taxes imposed on them both for the building of the Temple and fortifying of the Kingdome because by a generall consent they were granted for the promulgation of the glory of God and