respect not to this life only but to that of a better even to Eternity which no other Lawgivers had therefore Moses exhorted the Israelites that when they should possess the Land whether they were going that they should keep and do the statutes and judgments as the Lord had commanded him and it should be their wisdom and their understanding in the sight of the Nations which shall hear all those statutes and say surely this great Nation is a wise and understanding people And what Nation is there so great that hath Statutes and Judgments so righteous as all this Law which I set before you this day Deut. 4. 4 5 6 7 8. Having declared the necessity usefulness and benefit of Government and the final end thereof it is now requisite to show the true and efficient cause and right of Government where and in whom the just right of appointing Governours and Government is undoubtedly inherent and instated God beyond all contradiction reigns by his own Plenipotentiary Power and doth whatsoevor he pleaseth in Heaven above and in Earth beneath and in the Waters under the Earth Kings and other Governours only precariò at the good will and pleasure of others God by himself Kings by God and the Governed God by his own Jurisdiction Kings by deligated Authority from others the Jurisdiction of God is immense that of Kings limited So the power of God infinite that of Kings not so the Kingdom of God endless boundless that of Kings limited to certain Regions and fading When God sets Kings upon Thrones he sets them there as his Substitutes to go in and out before his people and to do Judgment and Justice 2 Chron. 9. 8. and upon condition that the governed should still be the Lords people 2 King. 11. 17. 2 Chron. 1. 10. So that God still remains Lord and Proprietor of the same People but sets Kings and other Magistrates over them to govern and feed them like good Shepherds not to pill poll and fley them so all good Kings acknowledged as David Solomon Jehosaphat and others So Nebuchadnezzar tho an Ethnick did acknowledge Dan. 2. 47. Hence it necessarily follows that Kings are set over a People to nourish and cherish them as God himself and not to wrong or oppress them So Jehojada made a Covenant between the Lord and the King and the People that they should be the Lords People and between the King also and the People 2 King. 11. 17. In the Inauguration of Joae we read of a holy Covenant between God and the King and the people as it is elsewhere expressed between Jorada the chief Priest and all the people and the King that they should be the people of God. So Josiah and all the people made Covenant with God 2 King. 11. 11. 2 Chr. 23. 13 16. 2 King. 23. from which is to be understood that the high Priest in the name of God covenanted between the Lord and the King and the People that they should be the Lords People and between the King also and the People that God should be truly and purely worshipped by both King and People of Judah And was not the King so to reign that he should suffer the People to serve God according to the Law of God and the People so to obey the King that in the first place they were to obey God and both King and People sworn by Solemn Sacrament in the first place to worship God and keep his Laws matter of Fact doth manifest it And all the People of the Land went into the House of Baal and brake it down his Altars and his Images brake they in pieces c. and restored the Worship of God the sum of the Covenant being that all should worship God and all should take care that God be worshipped according to his own Precepts and Prescript which if they did perform God would be with them and bless them if not then he would destroy them So Moses before his death rehearsâ—th the Conditions of the Covenant made with their Forefathers and all the Blessings and Curses attending the breach or performance thereof Deut. 29. 30 31. commanding them to take the book of the Law and put it in the side of the Ark of the Covenant of the Lord your God that it may be there for a witness against thee c. Deut. 31. 26 27 28. After Moses was dead God himself constituted Joshua to go in and out before his People on the same conditions Josh 1. which if they transgressed they should be delivered into the hands of the Canaanites One and the self-same Covenant which was made between God and the People under the Judges was made under and with the Kings After Saul was constituted King Samuel said to the People Fear the Lord and serve him in truth with all your heart but if you shall still do wickedly ye shall be consumed both ye and your King Josh 12. 24 25. thereby shewing that God expects as strickt performance of his Laws from Kings as from the People Saul being rejected because he brake Covenant David was constituted King on the same Conditions and so Solomon his Son which Covenant was That if they and their Children kept his Commandments and observed his Statutes they should sit on the Throne of Israel for ever if otherwise they should be destroyed 1 Kings ch 2. ver 12. 2 Chron. 6. 16. ch 7. 17. Hence the Book of the Law found in the Temple in the days of Josiah is called the Book of the Covenant of the Lord which he commanded his People to deliver to the King 2 King. 23. 2. Deut. 7. 18. which Samuel did to Saul 1 Sam. 10. 25. and Josiah accordingly did covenant before the Lord So the Law which was kept in the Ark is called the Covenant of the Lord with the Children of Israel who being delivered from the Babylonish Captivity renewed their Covenantwith God which they had violated 2 Chron. 6. 11. whereby it is manifest that Kings as Vassalls to the Law of God solemnly swear to be obedient thereunto We make a sure Covenant and write it and our Princes Levites and Priests seal unto it Nehem. 9. 38. the breach of which Covenant is a like penal to King and People which is manifested in Saul who for offering Sacrifice and for sparing Agag King of the Amalekites was accounted a Rebel and punished accordingly 1 Sam. 13. 12 13. and thereby taught that Kings if they break the Laws are as truly Rebels as Subjects and that obedience is better than sacrifice thou hast rejected the wâ—rd of the Lord and the Lord hath rejected thee from being King over Israel 1 Sam. 15. 26 27. which crime doth not terminate only in the Persons of Kings so rebelling but is extensive also to their Children So God did rend the Kingdom out of the hand of Solomon and gave ten tribes to his servant Jeroboam because he forsook God and worshipped 〈◊〉 c. 1 King. 11. 32 33.
King. 14. 21. Did not Jeroboam and all Israel come to Sechem to make Rehoboam King c. as before 2 King. 12. 16. Have not all Nations the same undeniable Right to Capitulate and set Kings over them and bind them by their own Laws and Tearms and by Solemn Oaths It is clear that the Jews in their Sanhedrim Melec and other parts of their Talmud with the Writers thereon that it was the Law and Custom of their Kingdom that their Kings of the House of David especially were to be judged as well as to judge Have not all our English Kings as well as their Subjects had English bounds by Laws quas vulgus eligerit Have not our Kings confessed and owned that we are not bound to serve them but according to our Laws And our Allegiance is not Absolute but bounded and limited by Law. Nay the old Oaths in Saxon and first in Norman times did respect the Kingdom and its common good and profit to defend the Kingdom with the King. Sicut Conjurati fratres ad defendendum regnum contra Alienigenas contra injurias una oum Domino Rege c. That which is said before concerning the Right of Government is as justly and as undeniably applicable to the Right of Legislation whereby to Govern which Power God uncontrolably hath over all the World. And by the Law of Nature whereunto the whole Race of Mankind is subject the lawful Power of making Laws to command and govern whole Nations Kingdoms and Politick Societies of Men belongeth so properly unto the same intire Societies that for any Person how Mighty and of what Degree or Kind soever on Earth to exercise the same of himself and not either by express Commission immediately and personally received from God unto which there can be no possibility of pretence but by Impudence or else by authority derived by consent and suffrages of those Nations and Kingdoms on whom they violently impose Laws it is no better than meer Tyranny Just Laws therefore they are not which publick approbation by their own consent hath not made so For what Princes or Potentates soever Govern they never so wisely and with never so good intent and design with never so good success yet nevertheless they transgress both divine and human Laws if they have not the publick Sanction and Stamp of the governed for their right of Governing them The Will Pleasure and Commands of God are the only perpetual and immutable Rule of Justice to which all Men without exceptions ought to submit and obey absolutely The Commands of Princes though his Vice-gerents are to be obeyed only on conditions viz. so that they command nothing that is sinful or contrary to the Law of God or Nature or municipal Laws of the Country Princes that require such Obedience to their Commands do as much as in them lieth make their Thrones equal to the Throne of the Almighty who never hath given nor never will his glory to another Isaiah 48. 1. The command of Pharaoh to slay the Hebrew children Exod. 1. 21. was unjust and God blessed the Midwives that refused to obey it So God blessed Daniel and the rest that refused to fall down and worship Nebuchadnezar's prodigious Idol So Abdias refused to slay the Prophets contrary to the command of Jezabel but on the contrary hid them from her fury and nourished them 1 King. 18. 13. So Matathias opposed and resisted Antiochus commanding Sacrifices to be offered to Idols So Christ and after him the Apostles preached the Gospel publickly and privately contrary to all commands of Cesars chief Priests and Scribes alledging for their Justification Acts 5. 22. Whose examples the holy Marters followed The Authority of all Magistrates be it never so great is bounded and circumscribed by God himself by Piety and Charity and if they trangress those Rules the 5. of Acts 22. takes place lest we be found in the company of those mentioned Mich. 6. 16. whom God cursed for that they obeyed the wicked commands of Kings CHAP. IV. Examination of some different Opinions Kings though nominated by God yet had their Confirmation by the People on their own tearms and have a just right to chuse or reject to limit and bound them HAving thus demonstrated the absolute necessity and profitableness of 〈◊〉 the final end and efficient cause and just right thereof where and in whom vested wherein I have not used cunningly devised Sophismes or 〈…〉 to the custom of some Priests and Jesuits but plain demonstration of Truth according to the Law of God of Nature and of Reason neither 〈◊〉 I singular in thâ—se Positions and Fundamental Basis and right of all just Dominion but have followed herein Judicious Hooker that English Oracle and Padre Paolo that Oracle of 〈◊〉 and divers others And whoever will peruse the Collection of the Authors 〈◊〉 Goldastus or the Avant-Proposdes Lettres Embassade de Missire Philipe Canays 〈◊〉 de Fresne wherein are the Names and Titles of 145 Tracts wherein you 〈…〉 divers good Authors of the judgment back'd with sound Reasons for such 〈…〉 But because nothing can be so advisedly so carefully so punctually 〈◊〉 as to escape the contradictions of subtle prevaricating and perverse wits I shall 〈◊〉 the liberty to examine the different Opinions of some others and those not 〈…〉 but shall not clog this Paper with many Names it 's enough to name 〈…〉 viz. It 's certain that Kings have their Power from none but God boldly said 〈…〉 be justified by any Law of God of Nature or of Reason it is pure 〈…〉 Doctrine and diametrically opposite to those who affirm That all 〈…〉 Laws of God and Nature is immediately in the Multitudes as in its 〈…〉 confer the same on one or more by the same Laws of God and Nature The 〈…〉 give is Obj. That by Natures Law no Man can give that which he hath 〈…〉 hath just power of his own Life and Death or Members therefore much less of 〈…〉 therefore the People cannot establish Government because they have 〈…〉 or Death no not of their own and therefore cannot confer any such power 〈…〉 who gives Life hath that Power and they to whom he gives it Sol. No more havâ— Kings without some lawful Power conferred on them so to do which they cannot 〈◊〉 have immediately from God and therefore must have it aliunde viz. from and by consent of others Hence that Command Thou shalt not kill Exod. 20. 13. whâ—sâ— sheds 〈…〉 by Man shall his blood be shed At the hand of every beast will I require it 〈…〉 hand of man at the hand of every man's brother will I require the life of man Gâ—n 9. 〈…〉 Thou shalt not kill is the general Precept of God and Nature and obligeth 〈…〉 private Men. And whoso shedeth mans blood by man shall his blood be shed by 〈…〉 is by the Magistrates whose Power is here established for sheding the Blood 〈…〉 Murderers as the Chaldee expresseth it saying With
them when limited to Kings but must consider them as things meerly Divine the greatest tye in the World above all human Laws Consent and Comprehension then all Nations are equally Slaves and born to no more Liberty than the Subjects of Rex Asinerum whose Wooden Shoes and Canvas Breeches proclaim what a blessedness it is to be born under a meer divine Prerogative But the surest Basis of all right Government is common consent and the most just and honourable End is common good and not such a divine Prerogative as none can understand nor possible for any Mortal to prove God is not more the Author of Regal then of Democratical Aristocratical or any other Form of Government or Power nor more the Author of Supreme than of Subordinate Powers Subordinate Magistrates have their Power as much from God as Kings have and as responsible to God only as they and yet their Powers are not beyond human reprimand and determination Laws are not now to be understood to be any special Ordinances immediately sent from Heaven as of old by the Ministry of Angels or Prophets they now can be nothing else amongst Christians but the Pactions and Agreements of such and such Politick Societies and Power nay the very Essence of Power is so Originally inherent in the People that they cannot justly without injury to God and Natures Law devest themselves wholly of it and it is nothing else but the Might and Vertue which such or such a Society of Men contains in it self and when by such and such Laws of Common consent and Agreement it is derived and deligated into such and such Hands God confirms that Law and so Man is the free natural and voluntary Author the Law is the Instrument and God is the Establisher of both All other Powers not derived from common consent of the People are but Sophisticate and Adulterate in all Princes and they that imbrace such Powers imbrace a Cloud instead of a Juno The Fountain or Efficient Cause of Power is most certainly in the Governed And from hence the inferrence is just That Kings though singulis majores yet are universis minores for if the People be the true efficient cause of Power as undeniably they are its a Rule both in Nature and Politicks quicquid efficit tale est magis tale Hence it 's manifest that as the Governed are the efficient cause so they and their happy estate and condition are the final end of all Governments And it were strange nay monstrous that in conferring and deligating their own Power and Vertue to this or that Man or to these or those Persons to command in Chief for Order and Regulation sake only should aim at any thing but at their own Good and Happiness both in the first and last place Or to express it in another Dialect the Publick Power and Authority of all Societies is above every individual contained in the same Societies of what quality soever Kings or not Kings All Imperial and Royal Dignities are instituted by the Commonwealth to preserve it self and not erected to preserve Royal Dignity otherwise or farther than it conduces to the Honour Safety and Happiness of the Commonwealth And that which is the End is far more honourable and valuable both in Nature and Polity than that which is the Means which leads us to the transcendent Law of Salus Populi to which all Imperial and Prerogative Laws are justly subservient and were they not conducing to those ends they were neither necessary nor yet expedient Plea of Force or Conquest cannot acquit Princes of that which is due to the People who are the Authors and Ends of all just Power for meer force ought not to alter Laws of Nature or frustrate the tenor of Laws of God or Man and if it could yet there were more reason why the People might justifie force to re-gain their undeniable Rights and Franchises than the Imperialists might to subvert the same It being unnatural that any Nation by it's own inherent and natural Virtue and Prowess should meerly establish Tyranny and countenance Slavery and to make that which is most Excellent subservient to that which is most Vile or to advance one from among themselves to the Throne that they themselves might be brought under Axes and Harrows Even Heathen Princes that have been Absolute have acknowledged themselves Subject and Servants to the Publick and born for that service as being well satisfied Populi rem esse non suam No Captain-General hath such unlimited and uncircumscribed Power but that if he should turn his Cannon upon his Soldiers they were ipso facto absolved of all Oaths of Allegiance and bound by a higher Duty both to God and Nature to preserve themselves by Resistance and Defence such tacite and implicite Trusts and Reservations are in all Publick Governments though of the most Absolute Nature and there must be these necessary conditions viz. that the Governed be Safe Free and Happy There is in all Laws a literal and an equitable sense No Government did ever give Power to their Kings for their woe but for their happiness If by the Letter of the Law Kings mis-improve their Power against the equity thereof then they give liberty to the commanded to refuse Obedience to the Letter for the Law taking abstract from its Original Reason End and Equity becomes a Shadow without a Substance a Body without a Soul which distinction if not allowed the very end of all Laws which is to minister impartial Justice indifferently to every Man and to give bounds and limits to the exorbitant wills of Princes and Governors will be disappointed Salus Populi being the Suprema Lex Execution of Laws according to their Equity and Reason is the Spirit that gives life to Authority the Letter kills Equity is so naturally implied in all Laws that are not meerly imperial from the Analogie that all bodies Politick hold with the natural whence all Government and Governors borrow a proportionable respect except we deem Obedience binds Men to cut their own Throats or their Neighbours For Kingdoms must not be without means to preserve themselves which always is intrusted in some certain hand with a Power to provide in an orderly way for the good and safety of the whole All the Priviledges Prerogatives and Authorities conferred on Kings by any People are but as so many Trusts reposed in them to improve for the good and glory of King and Kingdom and not to abuse or use at their own pleasure what ever the exegency of the Kingdom should be If that were so all our Laws would signifie little and therefore if Kings Govern not according to Equity and the Trusts reposed in them that Nation or it's Representatives may demand an Account and Redress For Kingdoms by no Law of God or Nature are to be left without a power and means to preserve themselves The Charter of Nature entitles all Subjects of all Countries to safety and freedom by its Supreme Law. If