Kings and in whose right the King assumes to himself that priviledge for otherwise wherefore is the Prince only administrator and the people true proprietor of the publique Exchequer as we will prove here presently after Furthermore it is not a thing resolved on by all that no tyrannous intrusion or usurpation and continuance in the same course can by any length of time prescribe against lawfull liberty If it be objected that Kings were enthronized and received their authority from the people that lived five hundred yeers ago and not by those now living I answer that the Common-wealth never dyes although Kings be taken out of this life one after another for as the continuall running of the water gives the River a perpetuall being so the alternative revolution of birth and death renders the people quoad hunc mundum immortall And further as wee have at this day the same Seine and Tiber as was 1000. yeers agoe in like manner also is there the same people of Germany France and Italy excepting intermixing of Colonies or such like neither can the lapse of time nor changing of individuals alter in any sort the right of those people Furthermore if they say the King receives his kingdom from his Father and not from the people and hee from his Grandsa her and to one from another upward I ask could the Grandfather or Ancestor transfer a greater right to his Successor then he had himself If he could not as without doubt Vlpian de reg juris l. 54. it must need be so is it not plainly perspiâ—uous that what the Successor further arrogates to himself he may usurp with as sare a conscience as what a Thiefe gâ—â—s by the high-way side The people on the contrary have their right of eviction intire and whole although then that the officers of the Crown have for a time lost or left their rankes this cannot in any true right prejudice the people but rather cleer otherwise as one would not grant audience or show favour to a slave which had long time held his master prisoner and did not only vant himself to be free but also presumptuously assumed power over the life and death of his master neither would any man allow the excuses of a those because he had continued in that grade 30. yeers or for that he had beene bred in that course of life by his Father if hee presumed by his long continuance in that function to prescribe for the lawfulnesse but rather the longer he had continued in his wickednesse the more grievous should be his punishment in like manner the Prince is altogether unsupportable which because he succeeds a Tyrant or hath kept the people by whose suffrages he holds the Crown in a long slavery or hath suppressed the Officers of the kingdom who should be protectors of the publike liberty that therefore presumes that what he affects is lawfull for him to effect and that his will is not to be restrained or corrected by any positive Law whatsoever For prescription in tyranny detracts nothing from the right of the people nay it rather much aggravates the Princes on rages But what if the Peers and principal officers of the Kingdom makes themselves parts with the King Whaâ— if betraying the Publique cause the yoak of tyranny upon the peoples neck shall it follow that by this prevatication and treason the authority is devolved into the King Does this detract any thing from the aight of the peoples liberty or does it adde any licencious power to the King Let the people thank themselves say you who relyed on the distoyall loyalty of such men But I answer that these officers are indeed those Protectors whose principall care and study should be that the people be maintained in the free and absolute fruition of their goods and liberty And therefore in the same manner as if a treacherous Advocaâ—e for a sum of money should agree to betray the cause of his Client into the hands of his Adversary which he ought to have defended hath not power for all that to alter the course of justice nor of a bad cause to make a good one although perhaps for a time he give some colour of it In like manner this conspiracy of the great ones combined to ruine the inferiours cannot disanull the right of the people in the meane season those great ones incur the punishment that the same asors against Prevaricators and for the people the same Law allowes them to chuse another Advocate and afresh to pursue their cause as if it were then only to begin For if the people of Rome condemned their Captains and Generals of their Armies because they capitulated with their Enemies to their disadvantage although they were drawn to it by necessity being on the point to be all overthrown and would not be bound to performe the Souldiers capitulation much lesse shall a free People be tyed to bear the yoak of thraldome which is cast on them by those who should and might have prevented it but being neither forced nor compelled did for their own particular gain willingly betray those that had committed their liberty to their custody Wherefore Kings were created Now seeing that Kings have been ever established by the people and that they have had Associates joyned with them to contain them within the limits of their duties the which Associates considered in particular one by one are under the King and altogether in one intire Body are above him We must consequently see wherefore first Kings were established and what is principally their duty We usually esteem a thing just and good when it attains to the proper end for which it is ordained In the first place every one consents That men by nature loving liberty and having servitude born rather to command then obey have not willingly admitted to be governed by another and renounced as it were the priviledge of nature by submitting themselves to the commands of others but for some speciall and great profit that they expected from it For as Esope sayes That the horse being before accustomed to wander as his pleasure would never have received the bit into his mouth nor the Rider on his back but that he hoped by that means to overmatch the Bull neither let us imagine that Kings were chosen to apply to their own proper use the goods that are gotten by the sweat of their Subjects for every man loves and cherisheth his owne They have not received the power and authority of the People to make it serve as a Pandar to their pleasures for ordinarily the inferiours hate or at least envietheir superiours Let us then conclude that they are established in this place to maintain by justice and to defend by force of Armes both the publike State and perticular persons from all dammages and outrages wherefore Saint Augustine saith Those are properly called Lords and Masters Aâ—ig lib. 16 de civit dei c. 15. which provide for the good and profit of
like The which is the rather to be allowed in that Subjects are neither slaves nor intraâ—châ—â—de servants but brothers and not onely the Kings bâ—ethren taken one by one but also considered in one body they ought to be eâ—â—eâ—nâ—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 recalâ—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 signifieâ— not an inheritance nor a Propriety nor a usufruict but Ex concil Valem in c. 1. â—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 Râ—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 Aâ—talus King of Pergomus designing the Roman people for heires to his Kingdome nor that of Alexander for Egypt nor Pâ—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 â—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 RomaÌ„s 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
Throns by the just instigation of the Almighty revenging himselfe of them in the midst of their greatest strength and the people should not be so sack't and pillag'd and troden down It then belongs to Princes to know how farre they may extend their authority and to subjects in what they may obey them lest the one incroaching on that jurisdiction which no way belongs to them and the others obeying him which commandeth further then he ought they be both chastised when they shall give an account thereof before another Judge Now the end and scope of the question propounded whereof the Holy Scripture shall principally give the resolution is that which followeth The question is if subjects be bound to obey Kings in case they command that which is against the Law of God that is to say to which of the two God or the King must we rather obey when the question shall be resolved concerning the King to whom is attributed absolute power that concerning other Magistrates shall be also determined First the Holy Scripture doth teach that God reignes by his owne proper authority and Kings by derivation God from himselfe Kings from God that God hath a jurisdiction proper Kings Prov. 8. Iob 12. Wisd 6. 3. are his delegates It followes then that the jurisdiction of God hath no limits that of Kings bounded that the power of God is infinit that of Kings confin'd that the Kingdom of God extends it selfe to all places that of Kings is restrain'd within the confines of certaine countries In like manner God hath created of nothing both heaven and earth wherefore by good right he is Lord and true Proprietorie both of the one and the other All the Inhabitants of the earth hold of him that which they have and are but his tenants and farmers all the Princes and Governors of the world are his stipendaries and vassals and are bound to take and acknowledge their investitures from him Briefly God alone is the owner and Lord and all men of what degree or quality soever they be are his servants farmers officers and vassals and owe account and acknowledgement to him according to that which he hath committed to their dispensation the higher their place is the greater their account must be and according to the ranks whereunto God hath rais'd them must they make their reckoning before his divine Majesty which the Holy Scripture teacheth in infinit places and all the faithfull yea and the wisest amongst the Heathen have ever acknowledged The earth is the Lords and the fulnesse thereof so saith King David And to the end that Psal 24. men should not sacrifice to their owne industry the earth yeelds no increase without the dew of heaven Wherefore God commanded that his people should offer unto him the first of their fruits and the Heathens themselves have consecrated the same unto their gods to the end that God might be acknowledged Lord and they his grangers and vine dressers the heaven is the Throne Isay 66. 1. 1 Kings 1. 8 of the Lord and the earth his foot-stoole And therefore seeing all the Kings of the world are under his feet it is no marvail if God be called the King of kings and Lord of lords all Kings be termed his Ministers established to judge rightly and govern justly Prov. 8. 15 the world in the quality of Livetenants By me so saith the divine Wisdom Kings reigne and the Princes judge the earth If Job 1â— 18. they doe it not he looseth the bonds of Kings and girdeth their loyns with a girdle As if he should say it is in my power to establish Dan. 2. 21. Kings in their Thrones or to thrust them out and from that occasion the Throne of Kings is called the Throre of God Blessed be the Lord thy God saith the Queen of Sheba to King Solomon 2 Chron. 9. 8. which delighted in thee to set thee on his Throne to be King for the Lord thy God to doe judgement and justice In like manner we reade in another place that Solomon sate on the Throne of the 2 Chron. 2â— â—3 1 Sam. 9. 1â— and 10. 1. Lord or on the Throne of the Lords Kingdome By the same reason the people is alwayes called the Lords people and the Lords inheritance and the Kings Governor of this inheritance and Conductor or Leader of his people of God which is the title given to David to Solomon to Ezechias and to other good Princes 2 Sam. 6. 21. 2 Kings â—0 5. 2 Chron. 1 9. 2 King 11. 2 Chron. 33. 16. 2 Chron. 20. 6. when also the Covenant is passed betwixt God and the King it is upon condition that the people be and remaine alwayes the people of God to shew that God will not in any case despoyle himselfe of his propriety and possession when he gives to Kings the government of the people but establish them to take charge of and well use them no more nor lesse then he which makes choyse of a Shepheard to looke to his flocks remains notwithstanding himselfe still Master and owner of them This was alwayes knowne to those good Kings David Solomon Jehosaphat and others which acknowledged God to bee the Lord of their Kingdomes and nations and yet lost no priviledge that justly belongs to reall power yea they reigned much more happily in that they employed themselves cheerfully in the service of God and in obedience to his Commandements Nebuchadnezer although hee were a Heathen and a mighty Emperour did yet at the end acknowledge Dan 2. 3â— and 4. 14. this for though Daniel called him the King of Kings to whom thee King of Heaven had granted power and Royall Majesty above all others Yet on the contrary said hee Thy God O Daniel is truly the God of Gods and Lord of Lords giving Kingdomes to whom he pleaseth yea to the most wretched of the world For which cause Zenephon said at the Coronation of Cyrus let us sacrifice to God And prophane Writers in many places doe magnifie God the most mighty and Sovereigne King At this day at the Inaugurating of Kings and Christian Princes they are called the servants of God destinated to governe his people Seeing then that Kings are only the Leiutenants of God established in the Throne of God by the Lord God himselfe and the people are the people of God and that the honour which is done to these Leiutenants proceeds from the reverence which is borne to those that sent them to this service it followes of necessity that Kings must bee obeyed for Gods cause and not against God and then when they serve and obey God and not otherwayes It may be Divisum imperium cum Jove Caesar habet that the flatterers of the Court wil reply that God hath resigned his power unto Kings reserving Heaven for himselfe and allowing the Earth to them to reign and govern there according to their owne phancies briefly that the great ones of
should bee utterly ruined Also at all such times as they left the service of God they were delivered into the hands of the Canaanites and reduced in to slavery under their Tyranny Now this Covenant between God and the people in the times of the Judges had vigor also in the times of the Kings and was treated with them After that Saul had been anoynted chosen and wholly established King Samuel speakes unto the people in these termes Behold the King whom you have demanded 2 Sam. 12. and chosen God hath established him King over you obey you therefore and serve the Lord as well you as your King which is established over you otherwise you and your King shall perish As if hee should say you would have a King and God hath given you this here notwithstanding thinke not that God will suffer any encroachment upon his right but know that the King is as well bound to observe the Law as you and if he faile therein his delinquency shall be punished as severely as yours Briefly according to your desires Saul is given you for your King to lead you in the wars but with this condition annexed that he himself follow the Law of God After that Saul was rejected because he kept not 2 king 2. 4. 6. 12. his promise David was established King on the same condition so also was his Son Solomon for the Lord said If thou keep my Law I will confirm with thee the Covenant which I contracted with David Now concerning this Covenant it is inserted into the second book of the Chronicles as followeth There shall not faile there a man in my sight to sit upon the Throne of Israel yet so that thy children take heed 2 Chron. 6. 16. 7. 17. 2 king 33. 2. Deut 17. 18 1 Sam. 10. 25. to their way to walk in my Law as thou hast walked before me But if they serve Idols I will drive them from the Land whereof I have given them possession And therefore it was that the book of the Law was called the book of the Covenant of the Lord who commanded the Priests to give it the King according to which Samuel put it into the hands of Saul and according to the tenure thereof Josias yeelds himself soedetarie and vassal of the Lord. Also the Law which is kept in the Ark is called the Covenant of the Lord with the children of Israel Finally the people delivered from the captivity of Babylon doe renew the Covenant with God and do acknowledge 2 Chron. 6 11. Nehem. 9 38. throughout that Chapter that they worthily deserved all those punishments for their falsifying their promise to God It appears then that the Kings swear as vassals to observe the Law of God whom they confesse to be Sovereign Lord over all Now according to that which we have already touched if they violate their Oath and transgresse the law we say that they have lost their kingdome as vassalls loose their fee by committing fellony We have said that there was the same covenant between God and the Kings of Judah as before between God and the people in the times of Jud. 2. 24 4. 2. c. 9. 33. 1 Sam. 13. 13. 15. 26. Joshua and the Judges But we see in many places that when the people hath despised the Law or made covenants with Baal God hath delivered them into the hands of Eglon Jabin and other Kings of the Canaanites And as it is one and the same Covenant so those which do break it receive like punishment Saul is so audacious to sacrifice infringing thereby the Law of God and presently after saves the life of Agag King of the Amalekites against the expresse Commandement of God for this occasion he is called Rebell by Samuel and finally is chastized for his Rebellion Thou hast sacrificed saith he but thou hadst done better to obey God for obedience is more worthy than sacrifice Thou hast neglected the Lord thy God he also hath rejected thee that thou Reign no more over Israel This hath been so certainly observed by the Lord that the very children of Saul were deprived of their paternall inheritance for that he having committed high Treason did thereby incurre the punishment of Tirants which affect a Kingdom that no way appertains unto them And not only the Kings but also their children and successors have been deprived of the Kingdome by reason of such fellony Solomon revolted from God to worship Idols Incontinently the Prophet Abijah foretels that the Kingdome shall be divided under his Son Rehoboam Finally the word of the Lord is accomplished and ten Tribes which made the greatest portion of the Kingdome doe quit Rehoboam and adhere to Jeroboam his servant Wherefore is this for so much saith the Lord that they have left me to goe after Astoroche the God of the Sidoniens and Chamos the God of the Moabites c. I will also break in peeces their Kingdome as if he should say they have violated the Covenant and have not kept promise I am no more then tied unto them they will lessen my majesty and I will lessen their Kingdome Although they be my servants yet notwithstanding they will expel me my Kingdome but I will drive them out themselves by Jeroboham which is their servant Furthermore for so much as this servant fearing that the ten tribes for the cause of Religion should returne to Jerusalem set up Calves in Bethel and made Israel to sin withdrawing by this meanes the people far from God what was the punishment of so ingratfull a Vassall and wicked Traytor towards his Lord First his son died and in the end all his race even unto the last of the males was taken from the face of the earth by the sword of Baasa according to the judgement which was pronounced against him by the Prophet because he revolted from the obedience of the Lord God this then is cause sufficient often times also propounded for the which God doth take from the King his fee when he opposeth the Law of God withdraws himselfe from him to follow his enemies to wit Idols and as like crimes deserve like punishments we read in the holy Histories that Kings of Israel and of Juda which have so far forgotten themselves have in the end miserably perished Now although the forme both of the Church and the Jewish Kingdome be changed for that that which was before inclosed within the narrow bounds of Judea is now dilated throughout the whole World notwithstanding the same things may be said of Christian Kings the Gospell having succeeded the Law and Christian Princes being in the place of those of Jury There is the same Covenant the same Conditions the same Punishments and if they faile in the accomplishing the same God Almighty revenger of all perfidious disloyalty and as the former were bound to keep the Law so the other are obliged to adhere to the doctrine of the Gospel for
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 attâ—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
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 â— 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 Bartoâ— de Tirannâ—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 â—â—ui so likewise the principal persons of the Kingdom may
gardens and patrimoniall lands are distinstuished from those of the publick the one serving for the provision of the Sultans table the other imploied onely about the Turquish affaires of State There be notwithstanding Kingdomes as the French and English and others in which the King hath no particular patrimony but onely the publick which he received from the people there this former distinction hath no place For the goods which belongs to the Prince as a quaere of what nature the ancient demeane is in England private person there is no question he is absolute owner of them as other particular persons are and may by the civill Law sell ingage or dispose of them at his pleasure But for the goods of the Kingdome which in some places are commonly called the demeanes the Kings may not be esteemed nor called in any sort whatsoever absolute Lords Proprietors of them For what if a man for the flocks sake have made thee Shepheard doth it follow L. cum servus 39. Sec vlt. D. de leg 1. l. universi 9. â— seq C de fundo patrim that thou hast libertie to flea pill sell and transport the Sheepe at thy pleasure Although the people have established thee Judge or Governour of a Citie or of some Province hast thou therefore power to alienate sell or play away that City or Province And seeing that in alienating or passing away a Province the people also are sold have they raised thee to that authority to the end thou shouldest seperate them from the rest or that thou shouldest prostitute and make them slaves to whom thou pleasest Furthermore I demand if the Royall dignity be a patrimony or an Office If it be an Office what Community hath it with any propriety If it be a Patrimony is it not such a one that at least the paramount propriety remaines still in the people which were the doners Briefly if the revenue of the Exchequer or the demeanes of the Kingdome be called the dowrie of the Common-wealth and by good right and such a dowrie whose dismembring or wasting brings with it the ruine of the publick State the Kingdom and the King by what Law shall it be lawfull to alienate this dowrie Let the Emperor Wencislaus be infatuated the French King Charles the sixt lunatick and give or sell the Kingdom or part of it to the English let Malcolme King of the Scots lavishly dissipate the demeanes and consume the publick treasure what followes for all this Those which choose the King to withstand the invasions of forrein enemies shall they through his madnesse negligence be made the slaves of strangers and those meanes wealth which would have secured them in the fruition of their own estates and fortunes Shall they by the election of such a King be exposed to the prey rapine of all commers and that which particular persons have saved from their own necessities and from those under their tutorship and government as it hapned in Scotland to indew the Common-wealth with it shall it be devoured by some Pandar or Broker for unclean pleasures But if as we have often said that Kings were constituted for the peoples use what shall that use be if it be perverted into abuse What good can so much mischiefe and inconvenience bring what profit can come of such eminent and irreparable dammages and dangers If I say in seeking to purchase my own liberty wellfare I ingage my selfe into an absolute thraldome and willingly subject my self to anothers Yoake and become a fettered slave to another mans unruly desires therefore as it is imprinted in all of us by nature so also hath it by a long custome been approved by all Nations that it is not lawfull for the King by the counsel of his own fancie and pleasure to diminish or waste the publick revenue and those which have run a contrarâ—e course have even lost that happy name of a King and stood bâ—â—â—â—ded with the infamous title of a Tyrant I confesse that when Kings were instâ—uted there was of nâ—cessity means to be assigned for them as well to maintain their Royall dignity as to furnish the expence of their teaine and Officers Civility and the wellfare of the publick State seeme to require it for it was the duty of a King to establish Judges in all places who should receive no presents nor sell Justice and also to have power readie to assist the execution of their Ordinances and to secure the waies from dangers that commerce might be open and free c. If there were likelihood of warrs to fortifie and put Garrisons into the frontier places and to hold an Armie in the field and to keep his Magazins well stored with munition It is commonly said that peace cannot be well maintained without provision for wars nor warrs managed without men nor men kept in discipline without pay nor mony gotten without Subsidies and Tributes To discharge therfore the burden of the State in time of Peace was the demeane appointed and in time of warrs the tributes and imposts yet so as if any extraordinary necessity required it mony might be raised by Subsidies or other fitting meanes The finall intendment of all was ever the publick utility in so much as he which converts any of these publick Revenues to his own private purposes much more he which mispends them in anyunworthy or loose occasions no way merits the name of a King for the Prince saith the Apostle is the minister of God for the good of the people and for that cause is Tribute paid unto them Rom. 13. This is the true originall cause of the customes and imposts of the Romans that those rich merchandises which were brought The same reason is recorded for all our imposts in England with which a Navy was wont to be maintained at Sea from the Indies Arabia Ethiopia might be secured in their passage by land from theeves and robbers in their transportation by Sea from Pirats insomuch as for their security the Common-wealth maintained a Navy at Sea In this rank we must put the Custome which was payd in the red Sea and other Imposts of gates bridges and passages for the securing of the great road waies therfore called the Pretorian consular and the Kings high-waies from the spoile of theeves and free-booters The care also of the reparation of bridges was referred to Commissaries deputed by the King as appeares Archi in Caâ— fi qois Romi pâ—â—â—s pereg 24. q 3. Bâ—lam câ—â— Sect. conventicula de pace iure iurfir l. 2. D. ne quid in loto publ viarum by the Ordinance of Lewis the Courteous concerning the 12. bridges over the River of Seyne commanding also boats to be in a readinesse to ferrie over passingers c. For the tax laid upon Salt there was none in use in those times the most of the Salt pits being injoyed by private persons because it seemed that that which nature out of her
observed in the Kingdomes of Portugall Leon and the rest of Spaine The lesser principallities have their institution grounded on the same right The contracts which the Brabancers and the rest of the Netherlanders together with those of Austria Carinthia and others had with La Joyeuse entreè their Princes were alwayes conditionall But especially the Brabancers to take away all occasion of dispute have this expresse condition which is that in the receiving of their Duke there is read in his presence the ancient Articles wherein is comprized that which is requisite for the publick good and thereunto is also added that if he doe not exactly and precisely observe them they may choose what other Lord it shall seeme good unto them the which they doe in expresse words protest unto him He having allowed and accepted of these Articles doth in that publick assemblie promise and solemnly sweare to keepe them The which was observed in the reception of Philip the second King of Spaine Ludovicus Guicciard in Discript Belgiae Briefly there is not any man can denie but that there is a contract mutually obligatorie between the King and the Subjects which requires the people to obey faithfully and the King to governe lawfully for the performance whereof the King sweares first and after the people I would aske here wherefore a man doth sweare if it be not to declare that what he delivers he sincerely intends from his heart Can any thing be judged more neere to the law of nature than to observe that which we approve Furthermore what is the reason L. 1. D. Acpact l. non minorum 20. D. de transact the King sweares first and at the instance and required by the people but to accept a condition either tacite or expressed Wherefore is there a condition opposed to the Contract if it be not that in fayling to performe the condition the contract according to law remaines voyde And if for want of satisfying the condition by right the contract is of no force who shall dare to call that people perjured which refuseth to obey a King which makes no account of his promise which he might and ought to have kept and wilfully breakes those lawes which he did sweare to observe On the contrary may we not rather esteeme such a King perfidious perjured and unworthy of his place For if the Law free the vassall Lib. 2. feudor tit 26. §. 24. tit 47. Dionys Halic lib. 2. from his Lord who dealt felloniously with him although that to speake properly the Lord sweareth not fealtie to his vassall but he to him if the Law of the twelve Tables doth detest and hold in execration the protector that defraudeth him that is under his tuition if the civill Law permit an infranchised servant to bring his action against his patron for any grievous usage if in such cases the same Law delivers the slave from the power of his Master although the obligation be naturall onely and not civill is it not much more reasonable that the people be loosed from that oath of alleageance which they have taken if the King who may be not unfitly resembled by an Atturney sworne to looke to his Clients cause first breake his oath solemnly taken And what if all these ceremonies solemne oaths nay sacramentall promises had never been taken Doth not nature her selfe sufficiently teach that Kings were on this condition ordained by the people that they should governe well Judges that they should distribute justice uprightly Captaines in the warre that they should lead their Armes against their enemies If on the contrary they themselves forrage and spoile their subjects and instead of governors become enemies as they leave indeed the true and essentiall qualities of a King so neither ought the people to acknowledge them for lawfull Princes But what if a people you will reply subdued by force be compeld Cicer. 1. Offic. by the King to take an oath of servitude And what if a robber pirate or tyrant I will answer with whom no bond of humane societie can be effectuall holding his dagger to your throate constraine you presently to become bound in a great sum of money Is it not an unquestionable Maxime in Law that a promise exacted by violence cannot binde especially if any thing be promised against common reason or the law of nature Is there any thing more repugnant to nature and reason than that a people should manicle and fetter themselves and to be obliged by promise to the Prince with their own hands and weapons to be their own executioners There is therefore a mutuall obligation between the King and the people which whether it be civill or naturall onely whether tacite or expressed in words it cannot by any meanes be annihilated nor by any Law be abrogated much lesse by force made voyde And this obligation is of such power that the Prince which wilfully violates it is a tyrant and the people which purposely breakes it may be justly termed seditious Hitherto we have treated of a King it now rests wee doe somewhat more fully describe a Tyrant Wee have shewed that he is a Who may truly be called tyrants King which lawfully governes a Kingdome either derived to him by succession or committed to him by Election It followes therefore that he is reputed a tyrant which as opposite to a King either Aristo lib. 5. polit c. 10. gaines a kingdome by violence or indirect meanes or being invested therewith by lawfull election or succession governes it not according to law and equitie or neglects those contracts and agreements Bartol in tract de tyrannide to the observation whereof he was strictly oblieged at his reception All which may very well occurre in one and the same person The first is commonly called a tyrant without title the second a tyrant by practise Now it may well so come to passe that he which possesseth himselfe of a kingdome by force to governe justly and he on whom it descends by a lawfull title to rule unjustly But for so much as a kingdome is rather a right than an inheritance and an office than a possession he seemes rather worthy the name of a tyrant which unworthily acquits himselfe of his charge than he which entered into his place by a wrong dore In the same sence is the Pope called an intruder which entered by indirect means into the papacy and he an abuser which goverâ—s il in it Pithagoras sayes That a worthy stranger is to be preferr'd before an unworthy Citizen yea though he be a Kinsman Let it be lawfull also for us to say that a Prince which gained his Principality by indirect courses provided hee governe according to law and administer justice equally is much to be preferred before him which carrieth himselfe tyrannously although hee were legally invested into his government with all the Ceremonies and Râ—tes thereunto appertaining For seeing that Kings were instituted to feede to judge
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 Senaâ—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. Laudâ—ns in tract de Card. 1. l. 2. q. 35. Phâ—lip Deciâ—s in quodan co â—iâ—o cujus verbs suerunt Andr. Bâ—â—h in d. conâ—â— 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 medicamentâ— 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 Pâ—pe
discover'd or delivered not the delinquents into the hand of the Magistrate If he were negligent in performing this duty for the first mulct he was to receive a certaine number of blowes on his body and to fast for 3. dayes together If the neighbour be so firmely oblig'd in this mutuall duty of succour to his neighbour yea to an unknowne person in case hee be assail'd by thieves shall it not be lawfull for a good Prince to assist not slaves to an imperious Master or children against a furious Father but a Kingdome against a Tyrant the Common-wealth against the private spleene of one the people who are indeed the true owners of the State â—â—ainst a ministring servant to the publique And if he câ—â—elesly or wilâ—ully omit this duty deserves he noâ— himselfe to be esteem'd a Tyrant and punished accordingly as well as the other a sobber which neglected to assist his neighbour in that danger Theucidides Theucid lib. 1. upon this matter saies that those are not only Tyrants which make other men slaves but much more those who having meanes to suppresse and prevent such oppression take no care to performe it And amongst others those which assumed the title of Protectors of Greece and defenders of the Countrey and yet stiâ—re not to deliver their Countrey from oppression of strangers and truly indeed For a Tyrant iâ— in some sort compeld to hold a straight and tyrannous hand over those who by violence and tyranny he hath constrain'd to obey him because as Tiberius said he holds the Wolfe by the eares whom he can neither hold without paine and force nor let goe without danger death To the end then that he may blot out oue sin with another sinne he files up one wickednesse to another and is forced to do injuries to others lest hee should prove by remisnesse injurious to himselfe But the Prince which with a negligent and idle regard lookes on the outragiousnesse of a Tyrant and the massacring of Innocente that he might have preserved like the barbarous spectacles of the Roman sword-playes is so much more guilty than the Tyrant himselfe by how much the cruel and homicidious directers and appointers of these bloody sports were more justly punishable by all good laws than the poore and constrain'd actors in those murthering tragedies and as he questionlesse deserves greater punishment which out of insolent jollity murthers one than hee which unwillingly for feare of a further harme kills a man If any object that it is against reason and good order to meddle in the affaires of another I answer with the olde man in Terrence I am a man and I believe that all duties of humanity are fit and convenient for me If others seeking to cover their base negligence and carelesse unwillingnesse Pompon de reg juâ— lâ—g 36. alledg that bounds and jurisdictions are distingnisht one from another and that it is not lawfull to thrust ones sickle into anothers harvest Neither am I also of that opinion that upon any such colour or pretence it is lawfull for a Prince to encroach upon anothers jurisdiction or right or uppon that occasion to usurp anothers countrey and so carry another mans corne into his bâ—rne as divers have taken such shadowes to maeke their bad intentions I will not I say that after the manner of those arbitrators which Cicero Ciccr. 2. offic speaks of thou adjudge the things in controversie to thy selfe But I require that you represse the Prince that invades the kingdome of Christ that you containe the Tyrant within his owne limits that you stretch forth your hand of compassion to the people afflicted that you raise up the Common-wealth lying groveling on the ground and that you so carry your selfe in the ordering aâ—d managing of this that all men may see your principall aime and end was the publique benefit of humane society and not any private profit or advantage of your owne For seeing that justice respects only the publique and that which is without and injustice fixes a man wholly on himselfe it doubtlesse becomes a man truly honest so to dispose his actions that ever private interests give place and yield to publique commoditie Briefly to epitomize what hath bin formerly said if a Prince outragiously over-pass the bounds of piety justice A neighbor Prince may justly and religiously leave his owne Countrey not to invade and usurp anothers but to containe the other within the limits of justice and equity and if he neglect or omit his duty herein hee shewes himselfe a wicked and unworthy Magistrace If a Prince tirannize over the people a neighbour Prince ought to yield succours as freely and willingly to the people as he would doe to the Prince his Brother if the people mutined against him yea he should so much the more readiâ—y succour the people by how much there is more just cause of pity to see many afflicted than one alone If Porsenna brought Tarquinius Superbus backe to Rome much more justly might Constantine requested by the Senate and Roman people expell Marentius the Tyrant from Rome Briefely if man become a Wolfe to man who hinders that man according to the proverb may not be instead of God to the needy And therefore the Ancients have ranckt Hercules amongst the gods because he punisht and tam'd Procrustes Busiris and other Tyrants the plagues of man kind and monsters of the earth So whilst the Roman Empire retained her freedome she was truly accounted the safe guard of all the world against the violence of Tyrants because the Senate was the port and refuge of Kings people and Nations In like manner Constantine called by the Romans against Mixentius had God Almighty for the leader of his Army and the whole Church doth with exceeding commendations celebrate his enterprize although that Maxentius had the same authority in the West aâ— Constantine had in the East Also Charlemaine undertooke War against the Lombards being requested to assist the Nobility of Italy although the Kingdome of the Lombards had been of a long continuance and he had no just pretence of right over them In like manner when Charles the bald King of France had tyrannously put to cleath the Governour of the Country between the River of Seynt and Loyre with the Duke Lambert and another Noble-man cald Jametius and that other great men of the Kingdome were retired unto Lewis King of Germany brother but by another moâ—her unto Charles to request aid against him and his mother called Juclith one of the most pernitious women of the world Lewis gare them audience in a full Assembly of the German Princâ—s by whose joynt advice it was decreed that Warres should be made against Charles for the re-establishing in their goods honours and estates those whom he had unjustly dispossest Finally as there hath ever been Tyrants disperst here and there so also all histories testifie that there hath been neighbouring Princes to oppose tyranny and maintain the people in their right The Princes of these times by imitating so worthy examples should suppresse the Tyrants both of bodies and soules and restraine the oppressors both of the Common-wealth and of the Church of Christ otherwise they themselves may most deservedly be branded with that infamous title of Tyrant And to conclude this discourse in a word piety commandâ— that the Law and Church of God be maintain'd Justice requires that Tyrants and destroyers of the Common-wealth be compel'd to reason Charity challenges the right of relieving and restoring the oppressed Those that make no account of these things doe as much as in them lies to drive pietie justice and charity out of this world that they may never more be heard of FINIS
others as the husband for the wife Fathers for their children They must therefore obey them that provide for them although indeed to speak truly those which governe in this manner may in a soâ—t be said to serve those whom they command over For as sayes the same Doctor they command not for the desire of dominion but for the duty they owe to provide for the good of those that are subjected to them nor affecting any Lord like domineering but with charity and singular affection desiring the welfare of those that are committed to them Seneca in 81 Epistle sayes That in the Golden Age wise men onely governed Kingdoms they kept themselves within the bounds of moderation and preserved the meanest from the oppression of the greatest They preserved and disswaded according as it advantaged or disadvantaged the publike profit by their wisdome they furnished the Publique with plenty of all necessaries and by their diserâ—ion preventes scarcity by their valour and courage they expelled dangers by their many benefits they encreased and inriched their Subjects they pleaded not their duty in making pompeous shews but in well-governing their People No man made tryall what hee was able to do against them because every one received what he was capable of from them c. Therefore then to govern is nothing else but to provide for These proper ends of commanding being far the Peoples commodity the only duty of Kings and Emperours is to provide for the peoples good The Kingly dignity to speak properly is not a Title of Honour but a weighty and burden some offices It is not a discharge or vacation from affaires to run a licentions course of liberty but a charge and vocation to all endustrious employments for the service of the Common-wealth the which hath some glimpse of honour withit because in those first and Golden Ages no man would have tasted of such continuall troubles if they had not beene sweetned with some relish of honour insomuch as there was nothing more true then that which was commonly said in those times If every man knew with what turmoyles and troubles the Royall wreath was wrapt withall no man would vouchsafe to take it up although it lay at his feet When therefore that these words of mine and thine entred into the Meum tuum world and that differences fell amongst fellow Citizens touching the propriety of goods and wars amongst neighbouring people about the right of their Confines the people bethought themselves to have recourse to some one who both could and should take order that the poore were not oppressed by the rich nor the Patriots wronged by strangers Now as wars and suits encreased they chose some one in whose wisdome and valour they reposed most confidence See then wherefore Kings were created in the first Ages to wit to administer justice at home and to be Leaders in the Wars abroad and not only to repulse the incursions of the Enemy but also to reprosse and hinder the devastation and spoyling of the Subjects and their goods at home but above all to expell and drive away all devices and debanchments farre from their Dominions This may be proved by all Histories both divine and prophane For the people of God they had at first no other King but God himselfe who dwelt in the middest of them and gave answer from betweene the Cherubins appointed extraordinarily Judges and Captaines for the wars by meanes whereof the people thought they had no need of Lieutenants being honoured by the continuall presence of their Soveraign King Now when the people of God began to be a weary of the injustice of the Sons of Samuel on whose old age they durst no longer rely they demanded a King after the manner of other people saying to 1 Sam. 8 5. â— 20. Samuel Give us a King as other people have that he may judge us Theâ—e is touched the first and principal point of the duty of a King a litle after they are both mentioned We will have said they a King over us like other Nations Our King shall judge us and go in and out before us lead our Armies To do justice is alwaps set in the first place for so much as it is an ordinary perpetuall thing but wars are extraordinary and happen as it were casually Wherefore Aristotle sayes that in the time of the Herold all Kings Arist. de pol. l. 3. c. 11. were Judges and Captains For the Lavedemonian Kings they in his time also had Soveraign authority only in the Army and that confined also to the commandements of the Ephores In like manner the Mâ—des who were ever in perpetuall quarrels amongst themselves at the length chose Deoâ—ces for their Judge who Herod l. 1. had carryed himself well in the deciding of some particular differences presently after they made him King and gave him Officers and Guards that he might more easily suppresse the powerfull and insolent Cicero saith that anciently all Kings were established to administer justice and that their institution and that of the Laws had one and the same end which was that Equity and Right might be dâ—ly rendered to all men the which may be verified by the propriety of the words almost in all languages Kings are called by the Latins Reges a regenâ—â— for that they must rule and govern the limits and bounds both of the publike and particulars The names of Emperours Princes and Dukes have relation to their conduct The English word KING is derived from the Ronigen which signifies either forâ—itude or wisdome in the wars and principall places in Combats and other places of Command Likewise the Greekes call them in their Language Basiles Archa Hegemones which is to say props of the people Princes Conductors The Germans and other Nations use all significant names and which expresse that the duty of a King consists not in making glorious Paradoes but that it is an office of a weighty charge and continuall care But in briefe the Poet Homer calls Kings the Judges of Cities and in describing of Hom. lib. 1. Head Ovid. l. 6 meta Agamemnoâ— he calls him wise strong and valiant As also Ovid speaking of Erichtheus sayes that Iustia elubiâ—â—â—â—alidâ—sne pâ—â—entiâ—s armis it was hard to know whether Justice or Valour were more transparent in him in which these two Poets seemes exactly to have described the duties of Kings and Princes You see what was the Custome of the Kings of the Heathen Nations after whose examples the Jewes demanded and established their Kings The Queen of Sheba said also to Sâ—lomon that God had made him 2 chron 9. 8. Wisdome 9. 7. King over them to do judgment and Justice And Solomon himself speaking to God saith Thou hast chosen me to be a King over thy People and a Judge of thy Sonnes and Daughters For this cause also the good Kings as David Iosephar and others being not able in their own persons
to determine all the suits and differences of their Subjects although in the causes of greatest importance they received an appeal alwayes to themselves as appears in Samuel 2 Sam. 15. 2. 1 chrou 23. 4. 26 29 2 Chron. 19. It Rom. 13. had ever above all things a speciall care to establish in all places just and discreet Judges and principally still to have an eye to the right administration of justice knowing themselves to carry the sword as well to chastise wicked and unjust Subjects as to repulse forreigne Enemies Briefly as the Apostles sayes The Prince is ordained by God for the good aâ—d profit of the people being armed with the sword to defend the good from the violence of the wicked and when he dischargeth his duty therein all men owe him honour and obedience Seeing then that Kings are ordained by God and established by no people to procure and provide for the good of those which are commitâ—ed unto them and that this good or profit be principally expressed in two things to wit in the administration of justice to their subjects and in the managing of armes for the repulsing their ennemies certainly wee must inferre and conclude from this that the Prince which applies himself to nothing but his peculiar profits and pleasures or to those ends which most readily conduce thereunto which contemnes and perverts all lawes which useth his subjects more cruelly then the barbarest enimy would do he may truly and easly be called a Tyrant and that those which in this manner govern their Kingdomes be they of never so large an extent are more properly unjust pillagers and boose-haiers then lawfull governours Whether the Kings be above the law Wee must here yet proceed a little further for it is demanded whether the King which presides in the administration of justice have power to resolue and determine businesse according to his owne will and pleasure most the Kings be subject to the law or doth the law depend August 1. 4. c. 4. 6. to â—ivita Dei upon the King the law saith an ancient is respected by those which otherwayes contemne vertue for it inforceth obedience and ministreth conduct in warfaring and gives viger and luster to justice and equity Pausanias the Spartane will answer in a word that it becomes lawes to direct and men to yeeld obedience to their authority Agositaus King of Sparta says that all commanders must obey the commandements of the lawes But it shall not be amisse to claâ—â—ume this matter a little higher when people began for justice to seek to determine their differences if they met with any private man that did justly appoint them they were satisfied with it now for so much as such men were rarely and with much difficulty met withall and for that the judgements of kings received as lawes were oftentimes found contrary and difficult then the Magistrates and others of great wisdome invented lawes which might speak to all men in one and the same voice This being done it was expressly injoyned to kings that they shold be the gardiens and administrators And somtimes also for so much as the lawes could not fore see the perticularities of actions to resolve exactly it was permitted the king to supply this defect by the same naturall equity by which the lawes were drawn and for feare least they should go against law the people appointed them from time to time associates counsellors of whom we have formerly made mention wherefore there is nothing which exemples the King from obedience which he owes to the law which he ought to acknowledge as his Lady and Mistris esteeming nothing can become him worse then that feminine of which Iurinall speakes Sic volo Sic jubeo sic pro ratione voluntas I will I command my will shall serve instead of reason neither should they think their authority the lesse because they are confind to laws for seeing the law is a divine gift comming from above which human societies are happily governed and adddressed to their best and blesseddest end those Kings are as ridiculous and worthy of contempts which repute it a dishonour to conform them selves to law as those surveyors which think themselvs disgraced by using of a rule a compasse a chaine or other instruments which men understanding the art of surveying are accustomed to do or a Pilot which had rather sayle according to his fantasie and imagination then steere his course by his needle and Sea lard who can double but that it is a thing more profitable coÌ„venieÌ„t to obey the law then the King who is but one man the law is the soul of a good king it give him motion sence and life The King is the Organ and as it were the body by which the Law displays her forces exercises her function and expresses her conceptions now it is a thing much more reasonable to obey the soule then the body the law is the wisdom of divers sages recollected in few words but many see more cleere and further then one alone It is much better to follow the Law then any one mans opinion be he never so acute the law is reason and wisdom it self â—ee from all perturbation not subject to be moved with choller ambition hate or acceptances of personâ— Intreaties nor threates cannot make it bow nor bend on the contrary a man though inducd with reason suffers him selfe to be lead and transported with anger desire of revenge and other passions which perplex him in such sort that he looseth his understanding because being composed of reason and disordered affections he cannot so conâ—aine himself but some times his passions becomes his Master Accordingly wee see that Valentinian a good Emperour permits those of the Empire to have low wines at once because he was misled by that impure affection Because Cambises the sonne of Gyms became inamored of his own sister he would therefore have marriages betweene brother and sister be approved and held lawfull Cabades King of the Persians prohibites the punnishment of adulteries we must looke for such lawes every day if we will have the law subjects to the King To come to our purpose the law is an understanding mind or rather an obstacle of many understandings the mind being the seal of all the intelligence faculties is if I may so terme it a parcell of divinity in so much as he who obeys the law seemes to obey God and receive him for Arbitrator of the maâ—â—ets in controversie But on the contrary insomuch as man is composed of this divine understanding and of a number of unruly passions so losing himselfe in that brutishnesse as he becomes void of reason and being in that condition he is no longer a man but a beast he then which desires rather Aristo lib. de mundo lib 3 poli caâ— to obey the King then the Law seemes to preser the commandement of a heast before that of God And furthermore though Aristotle were the Tutor