12. and in his due time will relieve the oppressed and afflicted If we make diligent and exact Scrutiny into other Relations of human and civil dependencies our Judgments may be assisted for the more clear apprehending of truths of Government wherein we shall find some obligations between them so strictly enjoyned that they cannot be violated without the brand of Impiety as between Parents and Children Husband and Wife Master and Servant Col. 3. 18 19. 20 21 22. Job 31. 13. between whom although by the Laws of God and Man there be many reciprocal Duties yet are they nothing if weighed in a just Ballance in comparison to what Kings themselves owe to God and the Governed who are also the Church of Christ for what ever injury is done to a Christian Commonwealth is at the same time done against the Church of God whereof Christ is Head and King and those whom we call Kings thereof are but his Substitutes and Vicegerents and ought to govern as he hath commanded and as he will do when he shall come again in Glory to reign on Earth Besides they are constituted and ordained by the Governed under Conditions Covenants and Agreement not that themselves may live at ease only and command and rule at Pleasure but as Gods Vicegerents and as Trustees and Administrators of the Governed to rule and govern according to his and their own Laws quas vulgus eligerit for what a madness should we esteem it in human Affairs if Deputies Viceroyes and Lieutenants of Earthly Kings should for their own private ends and interest prefer them before the Honour Glory and Service of their Kings They who so administer Affairs take not right measures of their Masters Glory and the Peoples good but comply with the flatteries of their own Lusts their particular Advantages sinful Ends and interests or hatred furiously transporting them to the publick ruin privati Commodi vel odii pertinacia in publicum exitium stimulante Tacit. lib. 1. hist Private Interest and concerns saith Livy always have and always will hinder publick good Councils privatae res semper officere officientque publicis consiliis Livy lib 22. The Heathen taught only by the light of Nature could discern the truth of these things and have left Monuments thereof on their Tombs and Coins They doubted not saith Valerius that Empires were made to serve holy Purposes and that all things even such where the Lustre of Supreme Majesty was to appear were to be placed after Religion Kings Princes and Governours being partakers of the same human Nature in common with their Subjects are equally obliged by the same Laws of God and Nature to keep Faith and Covenant the common Law of Nature with them and therefore the Obligation of keeping Faith and Covenant is equally obligatory both to Prince and People As by the Law of Nature so by the Law of God Covenants are inviolably to be kept and not broken by either Prince or People And as Covenants between God and the King and between God and the People so between Kings and the People which as they are most solemnly made so they are as sacredly to be kâ—pt and that under great Menaces Pains and Penalties God hath given his â—ord that â—e will never break his Covenant Jud. 2. 1. and Psal 89. 34. My Covenant I will not break nor alter the thing that is gone out of my Mouth and requires and expects the like punctual performance from his Vicegerents and bitterly curses those that do infringe and break plighted Faith and Agreements Cursed be the Man that obeyeth not the words of this Covenant Jâ—r 11. 31. and God for the breach of Covenant gave the Princes of Judah and the Princes of Jerusalem the Eunuchs and the Priests and all the People of the land into the hands of the Enemies and into the hands of them that sought their lives and their Bodies for meat unto the Fowls of Heaven and to the Beasts of the Earth Jer. 34. 19 20. Besides God is no respecter of Persons Kings and Peasants are all alike to him all the Works of his own Hands all made of the same Mould all redeemed with the same previous Blood all his own Images and Temples and shall stand in an equal distance before his Tribunal who will judge all breakers of Covenant whether Kings or Peasants according to his own Righteous Judgment Neither Kings nor People have any Priviledge or Prerogative to break Covenant and they that do be they Kings or be they People are justly esteemed Rebels to the Laws and Covenants and the injured Persons have just Cause to right and defend themselves if oppressed by such Violation Kings accounting themselves as Gods Ministers and Vicegerents and Fathers of their Countries ought so to govern in good earnest and they being placed on their Thrones as such by the People ought to keep Laws and Covenants punctually with them and which they cannot break or sham without being perjured and becoming guilty of Tyranny and Oppression No Kings nor Princes can be so indulgent nor so really fond and ambitious of their Peoples Love and Welfare as God is of the Love of Mankind like as a Father pittieth his Children so the Lord pittieth them that fear him Psal 103. 13. testified by his making them a little lower than the Angels and crowning them with Glory and Honour and giving them Dominion over the works of his Hands and by putting all things under their Feet all Sheep and Oxen c. Psal 8. And indeed the whole Creation for his own Glory and the good and Solace of Mankind Did he not command Moses to carry his people in his Bosom as a Nursing Father beareth his sucking Child Num. 11. 12. Can a Woman forget her sucking Child that â—he should not have compassion on the Son of her Womb yea they may forget yet will not I forget them Isa 49. 15. If God hear but Ephraim bemoaning himself how passionately doth he expostulate with himself Is Ephraim my dear Son is he a pleasant Child For since I spake against him I do earnestly remember him still therefore my Bowels are troubled for him I will surely have mercy upon him saith the Lord Jer. 31. 20. Doth God who is Lord alone of all the Kingdoms of the Earth make known his excessive fondness of his People by such Bowels of Compassion How then dare his Vicegerents requite evil for good contrary to Gods own Commands and Practice and not seek the Good and Welfare of their People without having Hearts harder than the nether Millstone Again How shall I give thee up O Ephraim How shall I deliver thee O Israel my Heart is turned within me my Repentings are kindled together Hos 11. 9. Tho you will neither turn nor repent yet how shall I give thee up So desirous is he of his Peoples Repentance that he beseecheth them till he is weary of repenting Jer. 15. 6. even passionately with Oaths doth he expostulate with
be manifest that the People even in such choice had their share their influence and their power also as in Saul And all the People went to Gilgal and there they made Saul King before the Lord in Gilgal 1 Sam. 10. 15. And several Writers are of opinion that Saul was not only anointed with Oyle first privately by Samuel 1 Sam. 10. 12. but also at two other times before the People once at Mizpah an another time at Gilgal So David though he were anointed of the Lord by Samuel yet all the mâ—n of Israel came with a perfect heart to Hebron and anointed David King over Israel and made a Covenant with him before the Lord 1 Chron. 11. 2. 12. 38. In summ Many Writers of several Persuations from these examples conclude that the People under God make the King. Beside the want of the publick Stamp of the People made Zimri who had usurped that Title and Office no King and yet made Omri King 1 Kings 16. 16. And those whom the rulers of Jezreel at Samaria 2 Kings 10. refused to make a King were no Kings This Power of the People made Athaliah a Princess no Princess by their translation of the Crown to Joah 2 Cron. 23. There 's now no Voice no immediate Oracle from Heaven no Samuel no Elisha no inspired Prophets to anoint David not Eliab Solomon not Adoniah no particular persons and therefore no persons can have a just Title to Crowns but by choice and approbation publick God hath only ratified the Kingly Office and described fit qualifications viz. Men of truth hating covetousness c. Exod. 18. 21. Deut. 1. 16 17. but doth not now name or appoint particular Persons but hath left it wholly and freely to the People to chuse for themselves and make their own Conditions It is farther observable that Saul after Samuel from the Lord had anointed him remained a private Person and no King till the People had elected and made him a King. So David though anointed by the same Divine Authority yet remained formally a Subject and not a King till Israel made him King at Hebron So Solomon though by God designed and ordained to be King yet never was King till the people made him King 1 Kings 1. What greater demonstration can there possibly be than such Scriptural both Precepts and Examples as are here set down for justifying of the right of the People in the choice of Kings and not only in the free choice of this or that Person to the Diadem or to this or that Government but also in the alteration and granting of Succession and in the change and alteration of the very Form of Government Moreover by God's owning Kings to reign by him Prov. 8. 16. is no more than God's general owning and constituting all things else viz. thine is the greatness and the power and the glory and the victory and the majesty for all that is in Heaven and Earth is thine thine is the Kingdom O Lord and thou art exalted above all both riches and honour come of thee and thou reignest over all and in thine hand is power and might and in thine hand it is to make great and to give strength unto all 1 Chron. 29. 11 12. This general Right and Power of the Almighty doth not abolish or impeach the Natural Right of his People in chusing themselves a King on their own Tearms and Laws woful experience having taught them that to live by one Man's will would be the cause of all Mens miseries the truth whereof we see experienced to this very day both in the Eastern and Western Empires which constrained them to devise Laws for the Regulation of every Man 's just Right that no Man might by lawless Dominion oppress another but that all should be governed by their own consent by Laws of their own making respect always being had Christianly speaking to the Laws of the Almighty Cui plus licet quam par est plus vult quam licet A People may be without a King but there can be no King without a People and therefore Kings not particularly and immediately named by God must own their Establishment and Inthronization to the People and ought to be accountable in some cases to them for they that give Power are by just Reason accounted greater and more honourable than they that receive it according to that old Maxime Quicquid efficit tale est magis tale and though Kings are to be accounted singulis majores yet are universis minores For Kings are not Patrons of their Kingly Power but Administrators and deputed Executioners thereof Now it necessarily follows that by the same Reason Kings have their Authority from the People so to them they are of right to be accountable for they chuse them and covenant with them for their own good If by God Kings do reign by God also the People have right and liberties to be governed how they please for the immediate appointment of Kings by God himself by his Prophets being now ceased the application of the Powers of the governed to this or that Person is left wholly to the common consent of themselves Be the right of Kings and of the People what it will from God they both equally derive it Wherever the People create themselves a King by the same right he is accountable to them and it participates as much of Divine right for the People to curb and oppose oppressing wicked Kings as to make Kings according to the 149 Psalm 8 9. To bind their kings with chains and their nobles with fetters of iron To execute upon them the judgment written this honour have all his Saints Nay God 's own People on whom he had set his Love had his own Command that when he had brought them into the Land whither they were going to possess That they should smite them and utterly destroy them and shew no mercy unto them Deut. 7. 1 2. Kings are constituted by God and Man to go in and out before them for Protection and Comfort not for Violence and Oppression and it is by righteousness that the Throne is established and iniquity will be the ruine of any Nation fury is not in him Isaiah 27. 4. And God himself hath given no Power to Kings Princes or Potentates but what is just and honest and hath tied them up and bound them by Laws viz. He shall not multiply horses to himself he shall not multiply wives to himself that his heart turn not away neither shall be greatly multiply to himself silver and gold And it shall be when he sitteth upon the Throne of his kingdom that he shall write him a copy of this Law in a Book And he shall read therein all the days of his life that he may learn to fear the Lord his God to keep all the words of this law and these statutes to do them That his heart be not lifted up above his Brethren and that he turn not aside from the
any Government no more have Kings for neither God nor the Law of Nature hath given any such Power to Men. And God gives Kings as a Blessing and happily as the best of Governments but if thereby the state of Slavery must uncontrolably be intailed upon them as it necessarily must be if they renounce their whole Liberty it 's a Curse rather than a Blessing but they can no more give it away than they can give away their rational Nature and deny themselves to be reasonable Creatures for it is a Power natural to preserve themselves essentially adhering to every created Being Besides they cannot resign their whole Power as Priests would have them without manifest sin God having made an express Covenant with all the People of Israel that they should be his peculiar People and he would be their God the purport of which Covenant was That all the People should take care that he should be purely worshipped throughout all the Land which Power they cannot resign to Kings unaccountably and absolutely without manifest breach of Covenant and so sin in breaking Covevant with God and thereby provoking his wrath and indignation would pull down Vengeance upon whole Kingdoms Of which more fully hereafter O! Sovereignty is not in the People no more than a whole Kingdom can be one Man Sovereignty being the Abstract and Sovereign being the Concrete What then yet the Power of giving Sovereign Power to this or that Man according to Laws is naturally and radically in the People Obj 〈◊〉 May 4 Car. 1628. the Commons having framed a Petition of Right to be presented to his Majesty and desiring the Concurrence of the Lords they made this addition viz. We present this our humble Petition to your Majesty with the care not only of our own â—â—berties but with due regard to leave intire that Sovereign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People Which tearms of Sovereign Power were so distasteful and chagreen to the Commons that they would by no means admit of them alledging for their justification That they seemed to be another distinct Power from the Power of the Law They were never used in any Parliamentary Petition or Magna Charta or in any Confirmation thereof If they should grant it it would seem to imply a Sovereign Power above our known and established Laws which are well known to the Kingdom but they know no Sovereign Power It was a new thing and they would by no means have it inserted into the Petition And the Statute of Magna Charta did bind the King and all his Sovereign Power Upon which ground it was left out Besides Titles of Supreme and Sovereign are verba Solemnia words of course titular and complemental relating only to their Persons but confers no Power what Sovereign Power Kings have are given and limited by Laws of common consent and not absolute What other Laws of Sovereignty there are of right belonging to them nemo sit is past all understanding Absolute Sovereignty in Kings hath no warrant by any Law of God or Nature that belongs to God only who is Lord of all Kingdoms of the Earth and therefore there is no Sovereign Power wherewith Majesty is intrusted either by God or Man but only that which is for the Protection Safety and Happiness of the People which is the Suprema Lex and the cause is very reasonable for that uncontrolable Authority easily degenerates into Tyranny And that Sovereign Power which is in all Governments is in the Legislative Power of that Government settled by Laws of common consent And King James in his Speech to the Parliament March 1609. stigmatizeth Power not bounded by Laws with the black Character of Tyranny yea Tyranny accompanied with Perjury Obj. The People have not Power of life and death What then No more have Kings until impowered by Laws of common consent yet the Power of life and death is eminently and virtually in the People collectively taken though not formally yet they have Power over their own lives radically and virtually for that they may subject themselves to Magistracy and to Laws made by common consent the violation of which may be capital and sanguinary And Kings have no other lawful Power over the lives of their Subjects but by Laws made by like common consent That under the Law and since there have been mutual and reciprocal Covenants between King and People is without all dispute and beyond all contradiction 2 Sam. 5. 3. 1 Chron. 11. 3. 2 Chron. 23. 2. 2 Kings 11. 17. And that they were as equally and reciprocally binding is as true else Why should such Covenants be made publickly before the People if Kings did not in the Covenant tye and oblige themselves to the People And why so solemnly to be made before the Lord in the House of God if not intended to be kept or might uncontrolably break them at pleasure Was God to be called upon and to be a Witness to a figment nay to a cheat Ab sit no all the Covenants mentioned in Holy Writ whether between God and Kings or between Kings and People are mutual I will be your God and you shall be my Poople Levit. 26. 12. The Covenant is so strictly mutual that if the People break the Covenant God is freed from his part of the Covenant Zach. 11. 10. All Covenanters are under a Law before Men. So if Kings break Covenant with their People the People are freed of their Obligation to them If the Oath of God be broken as the Covenant between Abraham and Abimelech Gen. 21. 22 23. Jonathan and David 1 Sam. 18. 3. So the Spies profess to Rahab in the Covenant that they made to her Josh 2. 20. And if thou utter this our business we will be quit of thine Oath which thou hast made us to swear The Obligation of Kings in their Oaths and Covenants to the governed floweth from the peculiar Obligation National betwixt them and the governed and bindeth Kings as Kings for that such Oaths and Covenants are entred into and taken in relation to Government only and therefore are not taken meerly as Men as some vainly suppose but as Kings or as they are to be Kings over them because it is the specifick act of Kings that they are to be obliged unto to Govern the People in righteousness and holiness with their Royal Power which is given them by the People for no other end and they undoubtedly sin before God if they break their Oaths and Covenants made with the Common-wealth And to assert otherways is to suppose Kings to be under no Law of God and so consequently make them either above God or coequal with him which is no other than down-right Blasphemy Therefore it is undoubtedly true that Kings Covenanting with the People to Govern according to the Laws of God and their own municiple Laws and on that Condition receive Thrones Crowns Tributes c. from them and are
them to quit Magistracy and to lay down their Ensigns thereof before the time appointed Which C. Gracchus by another Ordinance of Common Council confirmed and also provided that if any one was discharged of his Magistracy for unworthiness was thereby rendred uncapable of future preferment to the like neither were the greatest commands to continue if they transgressed on the Liberty or Right of the People Magistrates and Honours in the Government were forbidden to be continued above one year by the Lex Annaria But Julius Caesar by a Law established That the Praetorian Provinces should not continue above a year nor the Consul above two years Tiberius did not easily take away Honours from them on whom he had conferred them presuming that the fat Flies would not pill and pole the People so much as the lean And when their Magistracy was ended they were not to expect a Successor till thirty days were expired by the Lex Cornelia and then they were to render an account of their Government by the Lex Julia. And therefore we read of many Consuls and Praetors condemned after their Government ended Among the Grecians we find that he that could not give a good account of his Stewardship Alogii teneretur Among the Athenians it was so provided by a Law That the Governors of their Commonwealth yea and their very Priests were subject to render an account thereof to the People The Carthaginians forbade their Governors Wine during their Government lest thereby they should be deceived Among the Thebans there was a Law That no Man should be a Governor of the publick that had not given his Trade over ten years The Bythinians that no Man under thirty years old should be admitted a publick Governor which Augustus reduced to twenty two years old And if at any time after their Magistracy was ended they refused to resign their Empire to the Successor or would continue to have the Fasces carried before them beyond the just time it was a capital Crime against the People The like was among the Thebans And yet it is recorded That Epaminondas the Theban studying the good of his Country did continue in his Praetorship and refused to deliver up his Army to his Successor designed at a time when he had by force of Arms torn the Lacedaemonians to pieces and Civil Wars lest if he had quitted his Praetorship his former Successes had been frustrated for which being condemned the People notwithstanding by common consent absolved and quitted him So severe was the Discipline of the Carthaginians That if the Emperor or Captain General had followed ill Counsel though the success proved happy yet was he to die the shameful death of the Cross for it The Romans when their Captains had through rashness or unskilfulness lost a Battel they were fined and banished By the Law also first made by Valerius Publicola it was provided That whoever received not their Impery or Magistracy from the People should lose their Heads which also was observed by the Athenians who admitted no Magistrates but who were chosen either by lot or publick or common suffrages So great was the Care Industry and Endeavours of the Ancients to prevent the Insolency and Oppression of Magistrates as to bind them up by strictest Laws and Oaths A. A. A. lib. 4. c. 6. p. 181 182. It may be true what some Authors have asserted That at the beginning of the Roman State there were no Laws made by the common Prescript of the People but what their Kings or Generals of their Armies did prescribe that was to be taken and observed for Law. The cause might be reasonable for that they having the Power of the Army they might force obedience as they pleased having by that means the command of punishing and rewarding and also of hearing and determining the Causes Complaints Criminations c. of the Citizens In process of time this Imperial and Tyrannical Government found some redress from Romulus and other Kings by the Leges Curiatae but more especially by Servius Tullius in which though the People were not consulted yet the Senate was and thence they were called Leges Sacratae by which their Kings also were bound Which at first being made without any due or regular order they were collected and reduced into order by Papyrius and then that Collection was called Jus Papyrianum But when Kings would not be bound by those Laws and therefore were banished then the Right and Power of Legislation was conferred on the Consuls and Annual Magistrates and whilst it lasted by the advice of the Senate the Laws were brought to the People for their stamp which being obtained they remained firm and uncorrupted Et quodcunque postremum Populus jussit id jus ratumque 12 Tabb lege sancitum est v. Calv. Dict. 993. Neither the Consuls only but the Dictators the Praetors the Aediles the Censors might make Laws for the People which being proclaimed by the command of the People were established and therefore all from the highest to the lowest were bound to the observance of them But if the People did not approve of them or the Senate did not receive them they were then of no force The Cryer by the Authority and Command of the Dictators Consuls or Praetors brought the Laws to the People the Scribe also going before and subjecting the same to the People it was then confirmed and that which by that Law was provided for the People were made the Author of and being made and Proclaimed and Engraven in Brass and laid up in the Treasury of the Rolls or Records it bound all High and Low Rich and Poor so firmly that if any one did any thing contrary thereunto it might appear on Record that it was done contrary to right and the transgressors might justly be mulct or fined But if any thing were to be added or substracted to the same Law before it was proposed in the Market-place and before it was ingraven in Brass it might easily be done afterwards not But if any one otherwise well deserving Person of the Publick were to be indulged for the breach of some Law the Senate desiring and the People commanding he might be absolved after the manner of the Lacedaemonians But Alexander Severus the Emperor would make no law sacred without the Council of Twenty of the ablest Civil Lawyers and Fifty of the other most Prudent Persons first had which Ordinance the Antients distinguished into jus fas the jus had respect to things humane and temporal fas unto things divine But it is observable that not only the Laws published by the consent of the People were sacred but also the Orders made by Common Council and by the Senate Edicts of Magistrates the Authorities and Responses of the Lawyers and the Decrees of Princes and Cases already adjudged to have the force of Laws in which all civil Right consists There were also Plebiscita Laws of the Common People which upon the demand of the Tribunes of the People
that in the beginning all Power did flow from the People and still doth which Tully excellently demonstrates De lege Agraria Cum omnes potestates Imperia curationes ab úniverso Populo proficisci convenit tum eas profecto maxime quae constituuntur ad populi fructum aliquem commodum in quo universi delegant quem populo maxime consulturum unusquisque ' studio suffragio suo viam sibi ad beneficium impetrandum munire possit Seeing all Powers Commands Curations i. e. potestas seu munus administrandi bona do proceed and flow from the People then those more especially which are constituted and do respect the good and benefit of the People in which the universality do chuse them whom they judge will most especially study and procure their good and every one by their study and suffrage may have easie access to obtain Justice and Favours And all Lawyers do agree and hold That all Laws repugnant to the Laws of God of Nature or of Reason are not to be accounted as Laws And whereas the Power of judging was Originally in the People and the English by no Lex Regia have at any time transferred it out of themselves no King of England hath been wont or hath Power to judge any Man unless by the known and approved Laws Fleta lib. 1. c. 17. What Power Kings have are given to them by the People that they may know by the Authority to them committed that they may do nothing contrary to the Law and keep our Laws but not impose their own Laws on us and the Kings Power is really and truly in the Courts of Law wherein the People by their Juries have their share also And their chief Power is in their Senates and Parliaments who have a Right and Authority over all Courts and Powers in all which Courts Kings may both sue and be sued and the reciprocal Causes to be indifferently tried according to established Laws If at any time Kings act any thing contrary to Laws they act then as private Men or as Tyrants and not by any Authority transferred on them by God or Man so to do Hence Bract. l. 1. c. 8. Non est Rex ubi dominatur voluntas non Lex c. 1. 3. c. 9. Rex est dum bene regit tyrannus dum populum sibi creditum violenta opprimit dominatione c. ibid. Exercere debet Rex potestatem Juris ut vicarius minister Dei potestas autem injuriae Diaboli est non Dei. Cum declinat ad injuriam Rex Diaboli minister est As nothing contrary to the Laws of God and Reason can be accounted a Law so neither can a Tyrant be a King nor a Minister of the Devil be a Minister of God seeing therefore Law is but the product of right Reason and Obedience is due to Kings as the Ministers of God so by the same Reason and Law Tyrants and Ministers of the Devil may be censured and resisted Either the People to be governed have a Right and Power to chuse their own Governor or they have not If they have not then Kings chosen by them are not Kings but Usurpers and Oppressors If they have Power to chuse then they have Power to oblige him to what Conditions they please and to keep them and if they fail of performing then they are free of the Covenant as it was between Rahab and the Spies FINIS ERRATA PAge 6. line 18. dele it ibid. l. 50. for Iliad r. Myriad p. 9. l. 11. f. doth only r. not only ib. l. 38. f. the way r. the right way p. 11. l. 15. f. our r. your ib. f. Black-guard r. Peasants p. 13. l. 3. dele and. p. 14. l. 28. f. this r. those p. 17. l. 23. f. Zalencus r. Zaleucus p. 16. l. 43. r. St. Edward p. 22. l. 20. r elegerit alibi ib. l. 58. r. Martyrs p. 24. l. pen. f. the r. thy p. 25. l. pen. dele to p. 28. l. 25. dele in the Posterity of ibid. l. 31. f. did r. should p. 30. l. 22. f. taking r. taken ibid. l. 58. dele hundred p. 31. l. 17. f. Timens r Fabius ib. l. 32. r. Fabius p. 33. l. 24. f. or r. and. ib. l. 46. f. never r. ever p. 42. l. 12 r. Commonwealth p. 43. l. 38. dele Obj. p. 44. l. 46. f. necesset r recesset p. 46. l. 10. r. elegerit p. 47. l. 16. r. perfectiora p. 48. l. 35. r. differemus cui quam p. 51. l 43. dele we p. 56. l. 41. f. magis r. majes ib. l. 46. r. saies p. 57. l. 57. f him r. them ib. l. 33. r. proscribed p. 60. l. 38. dele the second no. p. 61. l. pen. f. beareth r. bear p. 62. l. 47. after yet r. God. p. 63. l. 19. r. prepossessed p. 69. l. 27. f. ye r. yea p. 75. l. 18. f. his r. their p. 76. l. 5. in the Contents f. returns r. return ib. 5. in the Chapter f. was r. were ibid. l. 33. f. lawful r. unlawful p. 78. l. 19. f. Proplancio r. pro Plancio p. 82. l. 7. r. is seated p. 87. l. 23. f. Florentio Dianysio and Coss r. Florentio Dianysio Coss ibid. l. 35. f. Valerius r. Valeria In 4â— printed 158â— Arlstotle Pindarus Tuâ—â—y Plato alias Lex Regia v. Dr. Sherrock c. 4. n. 9. p. 282 283. Lex P. Vallerii 2. Martii Fab. Maximi Scyllae C. Gracchi plebiscitum Lex Annaria c. Vid. A. A. A. lib. 4. cap. 6. p. 181.
who carefully defend and govern the Church and People of God imitating David King of Israel Psalm 101. He that worketh deceit shall not dwell within my house he that telleth lyes shall not tarry in my sight I will early destroy all the wicked of the land that I may cut off all wicked doers from the city of the Lord c. The King ought in all truth and sincerity fully and wholly to observe all the Dignities Rights and Liberties of the Kingdom and to reduce them to their Pristine condition The King also ought to do all things in his Kingdom righteously and that by the judgment of the Nobles of the Kingdom and Right and Justice ought rather to bear Rule in a Kingdom than sinful Wills and Pleasures Law is always that which doth right but Will and Pleasure is violence and force is not right And much more to the same purpose by Edward the First to whose Laws also William the Conqueror subscribed Vid. Lambert Collect p. 142. N o 17. The true Religion of God and honest Conversation even of Priests themselves is our chiefest care saith Justinian Novel constit 6. The search of true Religion we find to be the chiefest care of Imperial Majesty Legum Theodos Novel tit 2. de Judaeis Samaritanis So Gregory the Great earnestly exhorted Edelbert unto the first that was Christned of the Saxon Kings in England For this cause the Almighty God brings the good Princes to the Regiment of his People that by them he may bestow the gifts of his mercy upon all that are under them Beda hist Aug. 32. Consider in the Creation we were all created in Adam equal and equally innocent and upright and had we so continued in that state of Innocency there would have been no need of Impery one over another every one would have been a King to himself God and Nature their only Law-givers but lapsed Man sought out many Inventions and broke the Laws both of God and Nature and thereby provoked God to anger and to vengeance and instead of being homo homini Deus as in their fist Creation and state of Innocency they soon became homo homini Lupus which unavoidably introduced a necessity of Government framed by human Wisdom that they may not like Brutes devour one another but live in Unity Wealth Peace and Godliness that they might have Liberty preserved Justice equally distribute◠Honesty upheld Religion and Piety maintained and propagated all which could not be done when the Race of lapsed Mankind was multiplyed but by Laws ordained by Common Consent as sociable Parts united into one Body which Laws in common Prudence and of right do bind each to serve other and all to prefer the good of the whole before what good soever of any particular without which no House no City no Nation can long subsist in any happy condition For to govern and to be governed is not to be esteemed amongst things only necessary but as things profitable also for the benefit and sollace of all Mankind and hath its ground and warrant in Scripture in Nature in Heaven Hell the Creatures Mans nature and Conscience In Scripture by me Kings and consequently all other Forms of Government reign and Princes decree Justice By me Princes rule and Nobles even all the Judges of the earth Pro. 8. 15 16. saith Gods essential wisdom viz. not only by the secret disposition of his Providence but by the express warrant of his Ordinance by Divine Institution not by naked approbation there being no power but of God either by his commission or permission The powers that are i. e. the several Forms of Government are ordained by God Rom. 13. 1 2 3 4 5 6. i. e. politick Power in general is warranted by a Divine Law but the several Forms of Government is by the Law of Nations Princedom Empire Kingdom and Jurisdiction have their Rise from a positive and secondary Law of Nations and not absolutely from the Law of God or of pure Nature which the Lawyers call Secundariò Jus naturale or Jus gentium secundarium In sum Government is immediately from God but this or that Form of Government is immediately from God by the Interposition and Mediation of the publick consent of Kingdoms and States and so the application of the Persons to the Office is wholly in the Governed The several Forms of Government differ not in nature Morally and Theologically speaking the end of all Government being the very self same but only politically and positively For God appointed not Kings absolute and solely Independent but constituted with them also Judges who were equally obliged to judge according to the Law of God. 2. Chron. 19. 6. as Kings 17. Deut. 15. and have a co-ordinate share in the Government because the Judgment is neither the Kings nor the Judges but the Lords and both their Consciences are in immediate subjection to the King of Kings 2 Chron. 19. 6 7. The persons are sometimes Usurpers sometimes Abusers of their Authority as when they tyrannize or oppress such powers God owns not the Rulers that he ordains are not to be a Terrour unto good works but to the evil for they are the Ministers of God to the governed for good revengers to execute wrath upon them that do evil To such Rulers we must needs be subject not only for wrath but also for Conscience sake therefore whosoever resisteth such powers resisteth the ordinance of God And for this cause pay we tribute but not to those that are a terrour to good works the reason subjoyned is for they are Gods Ministers attending continually on this very thing but if they attend not continually on this very thing there is no absolute necessary Obligation expressed incumbent upon us for our Obedience or for our paying of Tribute Sute or Service but rather on the contary It is better to obey God than Man Acts 5. 29. The same Power St. Peter terms human Ordinances Submit your self to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well 1 Pet. 2. 13 14. so that S. Paul and S. Peter run parallel to one and the self same Sense and the Sword in the Magistrates Hand to revenge is not a material Sword to hack and hew kill and slay at pleasure but the Laws made by the common consent are the true Sword so Bishop Bilson to which both Magistrates and People are equally obliged to submit the Magistrates being but the Conduit and Pipe the Administrators not Patrons of the Powers for the sake of order through which and by whom all Laws are to pass and be executed and by the same Texts they have the like Obligation to praise them that do well as to punish those that do ill so David was taught and practised I will not know a wicked person mine eyes
is so natural an obligation that it cannot be dispensed with And for Governors to procure the good of Commonweals is but to do their duty he that is above all should be best of all for Example prevails more than Law and there can be no reason for sin violence or oppression Princes Councils Love and Hate Must do homage to the Law of State The Peoples Safety hath no Mate So King James of happy Memory in his Speech to the Parliament 1603. When I have done all that I can for you I do nothing but that which I am bound to do and am accountable to God upon the contrary For I do acknowledge that the special and greatest point of difference that is between a Rightful King and an Usurping Tyrant is in this That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for satisfaction of his Desires and unreasonable Appetites the righteous and just King doth by the contrary acknowledge himself to be ordained for the procuring of the Wealth and Prosperity of his People and that his greatest and principle Worldly Felicity must consist in their Prosperity If you be rich I cannot be poor if you be happy I cannot but be fortunate and I protest that your Welfare shall ever be my greatest care and contentment and that I am a Servant it is most true that as I am Head and Governor of all the People in my Dominions who are my natural Vassals and Subjects considering them in numbers and distinct ranks so if we will take the whole People as one Body and Mass then as the Head is ordained for the Body and not the Body for the Head so must a righteous King know himself to be ordained for his People and not his People for him For though a King and People be relata yet there can be no King if he want People and Subjects but there be many People in the World that lack a Head wherefore I will never be ashamed to confess it my principal honour to be the great Servant of the Commonwealth and ever think the Prosperity thereof to be my greatest Felicity 494 495. The reason is demonstrable viz. God not the King made the People and those all equally of one and the self-same Mould but the People make Kings Nature was Father to the People but the People make some of themselves Kings and are the rightful Patrons of all their Power Honours Priviledges and Prerogatives and therefore as God ordained the Sabbath for man and not man for the Sabbath Mark 2. 27 so 〈◊〉 ordained Kings and all other Governors and Governments for 〈◊〉 and not Men for Kings The prospect and foresight of the wise That to be governed by one Mans Will might become the cause of all Mens misery prevailed with them 〈…〉 and 〈…〉 Laws 〈◊〉 all might see their Duties and 〈…〉 There are that 〈◊〉 with great 〈…〉 truth that Kings receive their 〈…〉 according to Prov. 8. 15. and not from the 〈…〉 are set and that they are accountable to nonâ— bu◠〈…〉 on the just Right of all Polâ—â—â—â—k Power 〈…〉 and of Nature and of Reason is originally in the 〈…〉 use thereof from them may be transferred and deligated unto whom 〈…〉 devesting 〈…〉 their Administrator◠〈…〉 them who deligated it and to 〈…〉 countable If such Assâ—â—tor◠〈…〉 old when God by 〈…〉 the People had 〈…〉 Prophets for Rules 〈…〉 much more might have 〈…〉 yet even in those days the 〈…〉 far complied with common consent 〈…〉 change of that Government his own Wisdom 〈…〉 him and his Government 〈…〉 his peculiar People only because they 〈…〉 King over us maugre all that Samuel could 〈…〉 as Solomon was dead all Israel come 〈…〉 King who refusing to be a Servant to the◠〈…〉 for ever threatning that his little finger should be 〈…〉 would whip them with Scorpions c. they soon 〈…〉 have we in David neither have we inheritance in the 〈…〉 and see to thine house David 1 King 12. and then chose 〈…〉 Rehoboam the Son of Solomon But such choice being now quite out of doors and 〈…〉 the least pretence of Title from such Nomination and therefore 〈…〉 can only be meant the institution of the Office and not the designation 〈…〉 and cannot possibly be understood any other ways 〈…〉 instituted hath together with other Governmentâ— th◠〈…〉 And it standeth sure that all Royal Power 〈…〉 in the People as in the first Subject which they may confer on this or that Man with â—â—at â—â—mitations they please and on condition that if conditions be not performed they 〈…〉 Power they intrusted him withal And therefore no King can have 〈…〉 so just Powers as from the suffrages of the People all other Governments 〈…〉 Tyrannies and continued Injuries of which the People may ease themselves when they have just reason and a neat opportunity so to do because their just and natural Right is wrongfully invaded for that naturally no sort of Men have full and lawful Power to command whole politick multitudes of Men and therefore utterly without the Peoples consent they ought not to be at any Man's commandment living This is plain and natural reason and ought to have the stamp of a publick Law. Laws positive are mutable natural not so and therefore these Laws ought to stand unrepealed because they always bind The Kings of Israel and Judâ—â— were not so immediately and absolutely from God as that the People were 〈…〉 excluded from their Right and Power of Electing and Approving and 〈…〉 of them that had been to deprive them of that Power that God and the 〈…〉 Nature had given them to Covenant and Agree with them before they would admit of them that had been to wrong the People and to bind them up from the use of their reason by Covenanting for their own Happiness and against Tyranny in ease they should break Laws and Covenants solemnly made with them by Oath which cannot be broke without Perjury By me Kings reign was only an Index and Declaration of God's Will and Pleasure which doth not take away or destroy the Peoples Right or Liberty Saul was not King so absolutely and so immediately from God that it excluded all Election of the People but was afterwards chosen by Lot by all the People at Mizpeh And all the People shouted and said God save the King 1 Sam. 10. 17 24. and afterwards Behold the King whom ye have chosen Chap. 12. 23. Did not all the Elders of Israel Capitulate and Covenant with David before the Lord in Hebron and then and not till then anointed him King over Israel 1 Chron. 11 13. All the Men of War came with a perfect Heart to Hebron to make David King over all Israel and all the rest also of Israel were of one Heart to make David King chap. 12. 38. Did not all the People of Judah take Azariah who was Sixteen years old and made him King instead of his Father Amaziah 2
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
sit on Thrones are given unto them by Men as Men chosen from among themselves and if upon just occasion dethroned then they are but as one of themselves again Moreover If God gives Kings to be a ransom for his Church as Pharaoh King of Egypt Isaiah 43. 3. and slay famous Kings as Sihon King of the Amorites and Og King of Bashan Psalm 136. 18 19 20. If he puts a two-edged sword into the hands of his Saints to execute vengeance to bind their Kings in chains and their Nobles with fetters of iron to execute upon them the judgment written Deut. 7. 1 2. This honour have all his Saints Psalm 14. 7 8 9. If God plead with Princes and Kings for having the spoil of the poor of his people in their houses and for beating his people to pieces and grinding the faces of the poor Isaiah 3. 13 14. If God make Babylon and her King a threshing floor for the violence done to the inhabitants of Sion and plead the cause of Sion and take vengeance for her and make Babylon a heap a dwelling-place for Dragons an astonishment and hissing without an inhabitant and make them roar like Lions and yell like Lions whelps Jer. 51. 36 37 38. Then Christian Commonwealth as his People are more precious in the sight of the Lord than Kings because they are Kings Besides Kings are but single Persons and Kingdoms and the Church consists of Millions and certes the Lives Welfare and Happiness of Millions are to be preferred before one though he should be worth Ten thousand of them in respect of outward splendor and pomp for there is no respect of Persons with God for all God's delight is in Saint-ship not in King-ship Besides Nature prompts unto a necessity of Government but not unto Kingly Government for that innumerable People may and do live without a King but there can be no King without a People And the very Essence of Government and Governors is preserved safe and intire in Aristocracy or Democracy in the People though there should be no Kings Besides the People were a People before there was any Government Paternal and Domestick excepted and there is a People where there is no King but there can be no King without a People Take away the People and Dionysius the Sicilian Tyrant will be but a pitiful Pedant Take away the Basis of a Collossus though that of the Sun at Rhodes and the whole Fabrick and Superstructure must necessarily fall to the Ground If the People do but withdraw and re-call their own Powers to its proper center Tarquin will quickly quit Rome Besides How came they to be Kings Were they created of any â—iner dust or were they redeemed by a more precious Blood than any of the rest of the Race of Mankind Dropt they out of the Skies Or sprung they out of the Earth like Mushromes in a night If not so nor so How came they by their Kingly Dignity Even by the choice and gift of the People who make choice of one from among themselves to sit like a Pilot to Steer the Government for the good of the governed and therefore they contribute all their Eyes Ears Hands Feet nay their whole Bodies and Purses to exalt enoble and enable him the better to go in and out before them to judge Uprightly to plead their Causes and to minister Justice indifferently Do Kings misbehave themselves then may also the People withdraw their Eyes Ears Hands Feet Strength Purses and then Kings will be like one of themselves again Seeing therefore Kings are made by the People and for the good of the People and cannot subsist without the People and the end is more to be preferred than the means Why should it seem strange to Christians rational Men that Kingdoms are to be preferred before and to be held Superior unto Kings Kings are given of God as gifts for the preservation comfort and good of his People his Chosen his Inheritance the work of his own Hands and the redeemed of his own Blood to be Nursing-fathers to them and therefore must be of less esteem in the sight of God than those to whom and for whose good and happiness they are given since the gift as the gift is in worth much less than Kingdoms for whose sake Kings were given Besides who by office were obliged to Fight the Kingdoms Battels by going in and out before them and to Jeopard their lives for the safety of the People must be inferior to the People Moreover The Royal Legislative Power is joint and co-ordinate with King and People and consequently the Power also and so no necessity to fetch a Royal Power from Heaven to be immediately infused in them seeing the People have such a Power in themselves The People in all well constituted Kingdoms can and do limit and bind Royal Power by Law and those who can limit and take away can give Power and it is ahsurd to conceive that the People can put restraint upon Powers immediately derived from God. Though Kings command in some sense the People by their executive Power of the Laws above them yet the People have the Original and Natural Power above them because they make Kings and in God's intention Kings are given wholly and intirely for their good and if Kings do not so execute they do as much as in them lieth make void and frustrate the whole design of their Government instituted and established by God and Man and forfeit their right of Governing The People give to Kings a Politick Power for their own safety and quiet living and they keep their Natural Power to themselves of which they cannot devest themselves and they do not break their Covenant nor their Laws when they execute Natural Power for their self preservation The People by their Original or Natural Power make Kings after Kings as when Saul died they made David at Hebron after him Solomon after him Rehoboam and so on And therefore there is more Fountain and Natural Power of Royalty in the People than in David Saul or any King in the World for it is not any where read that Saul or any other King made an other absolute King. Those Tribunals that make Kings must necessarily be above Kings and though there be no Tribunals formally above Kings yet there is naturally and virtually a Power in the People in those who have a joint co-ordinate Power in the Legislative Power and share in the executive part of the Laws as all Officers of Kingdoms have to erect a Tribunal over them It is false and absurd to conceive that any People have or can lawfully resign their whole Liberty into the Hands and Power of any Royal or other Government it being against the Law of God and Nature so to do Obj. Nemo dat quod non habet For the People have not an absolute Power to destroy themselves or to authorize Violence Oppression Injustice or other acts of Tyranny and therefore cannot resign it to
obliged to the People for the just performance of the same Omnis promittens facit alteri cui promissio facta est jus in promittentem Whoever maketh a Promise to another giveth to that other a right or jurisdiction to challenge the performance of the same Promise But if Rehoboam will make his little finger thicker than his Fathers loins and chastise Israel not with whips only but with Scorpions And will send Adoram to gather tribute without the common and free consent of Israel Israel will stone such Ministers to death and will rebel as in the Text or fall away as in the Margin recesset saith St. Jerom defecerunt say Junius and Tremelius from the house of David and will make Jeroboam King over all Israel as they justly might and without the just imputation of Rebellion And though Rehoboam did raise 180000 Men intending by Force of Arms to bring the Kingdom again to Rehoboam the Son of Solomon yet God would countenance no such act and therefore forbade them by Shemaiah the man of God 1 Kings 12. 19. 2 Chron. 11. 12. Which demonstrates that if Kings keep not Covenants with their People they may withdraw their Tribute and Obedience and chuse another King or another Government and be no Rebels This is not to assert or justifie that for every act of Male government or a few acts of Tyranny or Oppression Kings may be dethroned and devested of their Royal Power but upon supposition that the Violencies Oppressions and Tyrannies are of such a Nature as that thereby the whole intention and ends of the Covenants and Agreements made with the People for the Government of themselves viz. the safety of the People the Laws of God and of the Commonwealth are thereby endangered to be frustrated and that on presumption of such usages and outrages the People would never have conferred their Crowns upon them David held Saul for his Prince and acknowledges him to be the Lord 's anointed so long as the People had not recalled their grant of Royal Dignity so that no single Person though Six hundred Men with him may lawfully Assassinate any King. All Governments are likened to the History of the Gordian Knot which if not so hard tied but that the People may have some ease some relaxation they ordinarily are willing to endure some reasonable bonds but if excessive they ever have and I doubt ever will endeavour to free themselves though by means indirect If the People as God's Instruments Crown Kings on Conditions that he will rule them according to God's Word then are Kings made Kings by the People conditionally and are but adopted Fathers Tutors Politick Servants or Royal Watch men of the Commonwealth and the Royal Honour and Royal Tributes given to them are Rewards of their Labours and Kingly Hire and so expressed by Paul Rom. 13. 6. For this cause pay you Tribute also there is their Wages for they are God's Ministers attending continually upon this very thing Qui non implet conditionem a se promissam cadit beneficio The People setting of Kings over themselves is an act warranted by God himself Deut. 17. 15. Rom. 13. 1 2. Which act though done without written Conditions or Oaths and only by a Vive le Roy or God save the King yet even such choice can never be understood or interpreted an Investiture of them with an Absolute but with a Conditional Power for that such a Power is against the Law of God and Nature a preposterous and absurd Power to do good and yet to work wickedness impune Besides the Common Law of Mankind allows all Donors to Interpret and Expound their own meaning why they Crowned Kings over them and why they give such large Tributes so great Priviledges and Prerogatives and certainly they will never Interpret that they conferred Royal Power on them to Oppress Persecute and Destroy themselves without controul and leave themselves without a remedy The Covenant made by Asa and all Judah and Benjamin 2 Chron. 15. 13. that whosoever would not seek the Lord God of their Fathers should be put to death whether small or great man or woman Which did equally oblige the King as also the Princes and People to performance And therefore Asa as in duty bound removed Maacha his Mother from being Queen because she had made an Idol in a grove which Asa also cut down stampt it and burnt it at the brook Kidron verse 14. Diodorus Siculus lib. 17. saith that the Kings of Persia were under an Oath and that they might not change the Laws and so were the Kings of Egypt and Aethiopia The Kings of Sparta which Aristotle calleth just Kings renew their Oaths every Month. Romulus so covenanted with the Senate and People Carolus V. Austriachus sweareth he shall not change the Laws without the consent of the Electors nor make new Laws nor dispose of any thing of great concern belonging to the Empire without the publick consent 1 Sam. 8. 11. This will be the manner of the King who shall reign over you which place is brought to prove the absolute Power of Kings and the unlawfulness of Resistance Which words being rightly interpreted can have no such meaning It only declares what the Manner and Custom was what they would do not what of right they might do For God had long before in Deuteronomy prescribed them what Laws they should Govern by and in this place is only described the Tyranny of Kings what they would do not what they might justly do And to aver that God hath given Power to Kings to Tyrannize Worry Oppress and Destroy Subjects is Blasphemy for God hath not given nor can give any Moral Power to do wickedly which is License to sin against his own Law which is inconsistent with his Holiness and therefore no such Power can be from God. And all best Expositors declare the Law of Kings to be described in Deut. 17. And in 1 Sam. 8. is described the usurpation and tyranny of Kings So it only demonstrates their wicked Usages or Customs not a Law prescribed by God. And it is obvious to common sense that God by his Prophet in this place was not instructing Kings in their Duty but by fore-telling the Israelites the evil of Punishment that they should suffer under tyrannous Kings thereby terrifying them if possible from their wicked purpose of seeking a King and thereby reject not Samuel only but God himself and farther menacing and declaring That in the day when they should cry out because of their King that the Lord would not hear them verse 18. And therefore God did protest against their unlawful course yet nothing at all would prevail nay but we will have a King over us verse 19. If Samuel in this place did not dehort them from Kingly Government how could they be said to refuse to hear the Voice of Samuel In summ All God's Covenants are Yea and Amen and so ought his Vice-gerents to be And for Priests to
and sinful Injustice and therefore cannot be from God. Dum contra officium facit Magistratus non est Magistratus quippe à quo non injuria sed jus nasci debet and consequently they who resist the tyrannous acts of Kings do not resist the Ordinance of God. What were it less than Blasphemously to charge God with prevaricating with his People if in Authorizing Kings to preserve them should give them liberty without all Politick restraint to destroy them Which is contrary to God's end in the Fifth Commandment that one Man a King should have absolute Power to destroy Millions of Souls and Bodies uncontrolably If the Kings of Israel and Judah were under censures and rebukes of the Prophets and sinned against God and the People in rejecting such rebukes and in persecuting the Prophets and were under and liable to all the Laws of God as all other People though their Subjects were then is their Power not above any Law nor absolute That these matters of Fact are true sit liber Judex Samuel rebuked Saul Nathan David Elias Achab. Jeremiah is sent to Prophecy against the Kings of Judah Jer. 1. 18. and the Prophets practised it Jer. 19. 3. Ahab could not take Naboths Vineyard against his will without the formality of Law and without the help of Men of Belial to boot for which violence offered to Law and Justice in the place where Dogs licked the Blood of Naboth shed by shamming of Laws by Innuendoes and false constructions of Laws the Dogs did lick the Blood of Ahab and did eat that cursed Woman Jezabel by the wall of Jezrael and her Carkass became as dung upon the face of the field A Document to all Kings and Princes for giving any countenance to Violence or Oppression or to shamming any Laws by any irresistable or prevalent Influences and the Inferior Judges ought not to accept the Persons of any in judgment whether small or great for the judgment is the Lords and their office as much of divine right as that of the Kings then certainly we may justly conclude That Kingly Power is neither above Law nor yet absolute for Kings who swear to Govern according to Law it is contrary to common sense nay impossible they should have an illimited or absolute Power either from God or the People for foedus conditionatum or promissio conditionalis mutua facit jus alteri in alterum it 's not to be thought that Kings can at one and the same time and in the same breath justly swear to Govern according to Law and at the same time interpretatively and secondarily swear to Govern absolutely and without Law. If the governed in Senates Parliaments and Dyets may call in question the Acts Previledges Charters and Commissions of Kings granted to any Persons and null and vacate them circumscribe and dock any of their Prerogatives may increase or diminish his Revenue and State may call into question any of his Friends Counsellors or Ministers of State and punish or remove them If the governed may appeal from Kings to Senates Dyets or Parliaments and may not appeal from them to Kings all which may and have been done as the publick Monuments of Laws do testifie who of sound judgment can deny the Power of the People in Dyets Senates and Parliaments to be above that of Kings If in an Interregnum Senates Dyets and Parliaments have Power and which is plain by Histories without regard had to right of Inheritance have created Kings whom they pleased and altered Successions In summ If Dyets Senates Parliaments are the Supreme Council of Nations constituted by the People indued with Power from them to this very thing that they may consult in common of the weighty matters of Kingdoms and common good and Kings therefore created that they should see executed what they did advise and agree upon quis nisi mentis inops can deny upon such plain evidence and demonstration that the People in Parliaments Dyets and Senates are not only co-ordinate and have a share in the Government but are also in some sense and some places superior to them for that they can do more than Kings Kings have their Prerogatives true and very fit they should have So have all other Governments be their Prerogatives what they will Power of the Militia making War and Peace calling of Councils Dyets Synods Senates Parliaments nominating Judges and other publick Officers of Kingdoms c. they are all derived from the People and transferred for their own good and so always expressed or implied If they make ill use of the Militia it 's a breach of trust and no obligation of Obedience and Submission is due if they make ill Leagues the People not bound to confirm or assist if they call Dyets and Parliaments it is not for their peculiar interests but for the good of the whole and nothing done therein can be of force unless the free assent of the convocated be first had Which demonstrates it is the Office and Duty of Kings to call those great Councils as oft as the People see cause and desire it and to continue them till they have the benefit designed And though the Royal Assent be desired it is but for the Honour of the business for what concerns common good safety and liberty they ought to pass by virtue of their Oaths and Office. Non negabimus non differimus cuique jus aut justitiam Chartae Artic. c. 29. Will not Kings deny Justice and may they deny just Laws Not to private Persons and yet to the Representatives of Nations Not in the Inferior Courts and yet in the Supreme They are created and elected Kings that they should do Justice to all indifferently Bracton l. 3. c. 9. Ad hoc creatus electus est ut justitiam faciat universis per eas nimirum leges quas vulgus elegerit Hence in Archivis H. 4. Rot. Parl. N o. 59. Non est ulla Regis Prerogativa quae ex justitia aequitate quicquam derogat Kings have no Prerogative which derogate from Justice and Equity And when Kings have refused to make or confirm Magnas Chartas good Laws they have been compelled by force of Arms and such Laws accounted as good and valid by the best Lawyers the reason given is That they of right and of their own accord ought to have assented unto that which they were forced to do All Courts of Judicatory are Authorized and Confirmed by Parliament in which it is Lawful for the meanest of Subjects to implead Kings in which Courts Judgment is often given against Kings which though endeavoured to be contradicted or countermanded by Kings yet the Judges by the Laws of God and Man and by their Oaths are obliged to refuse their Mandamus's and to give right Judgment for the judgment is the Lords Kings can justly Imprison no Man nor punish any Man nor seize their Goods or Estate without Citation out of Courts where the Judges not Kings have all the Power So
of the Lord renewed the Covenant viz. If yee will fear the Lord and serve him and obey his voice and not rebel against the Commandment of the Lord then shall both yee and also the King that reigneth over you continue following the Lord your God. But if yee shall still do wickedly yee shall be consumed both you and your King 1 Sam. 12. 14 15 25. By wickedness in this place is most especially meant in that they had rejected the Government which God himself had appointed as best for them and chose a King to be set over them and we rebelled against God. The reason assigned is because they were God's own peculiar People hereby it 's manifest that both King and People were both equally joined in the Stipulation So Asa King of Judah by the Prophecy of Azariah the Prophet congregated all the People viz. Judah and Benjamin where were also many of Ephraim Manasseh and Simeon and made a solemn Covenant to seek the Lord God of their Fathers with all their heart and with all their soul that whoever would not seek the Lord God of Israel should be put to death whether small or great man or woman 2 Chron. 15. 12 13. Deut. 13. 9. 17. 7. Here you see the King himself is not exempted These Examples with those before and those that follow will justifie this Kingdom in all that they have done to free us from unreasonable and cruel Men and Popish Tyranny and also the Auxiliary Expedition of the Prince of Orange to be the most glorious and most righteous Action that ever Prince undertook because he came to help the Lord against the mighty who both at home and abroad had in their imaginations and endeavours designed the Inslaving of all the Protestants of Europe which Action God hath hitherto signalized by prospering his Arms with very little Blood. Whoso is wise and will observe these things shall understand the loving kindness of the Lord Psalm 107. CHAP. X. Whole Kingdoms and Nations have Power to reform Faith equally plighted between King and People ought equally to be kept Care of Religion Peace Justice Safety Liberty c. are incumbent on all the People especially on the Ordines Populi The common and true Cause of Rebellion is abuse of Power not Disobedience to the lawful Commands of Kings Obedience to unjust Commands of Cesars is sin and to assist in such is to make themselves Participes Criminis Opposition to Popes or Kings tyrannizing is not Rebellion against Christ's Vicars or Vicegerents but opposition to wicked Men acting wickedly Defensive Arms justified by Authorities NOW who should have Power to reform things done amiss by Kings but all the People to whom he hath sworn as solemnly as they to him and both to God Almighty who is witness between them So Josiah the King with the Priests Prophets and all the People both small and great went up into the house of the Lord and made a Covenant before the Lord to walk after the Lord c. and all the People stood to the Covenant 2. King. 23. 2 3 4. Why should the Common consent of all the People be so solemnly required Why should Israel and Judah be so strictly obliged to the observation of Gods Holy Laws and Commandments Why should they so sacredly promise to be the Lords People unless Power and Authority were given to them also to free themselves from Covenant breaking and from Perjury and to defend Holy Church Wherefore was a Covenant made with the People that they should be the People of God zealous of good Works if they must obey the unjust Commands of Kings it may be to worship strange Gods or to permit monstrous sins to reign among them if it be not lawful to put to their assistance and endeavour to hinder and reform And why should they be blamed or Judgments poured upon them if they have no Power from on High to perform what was so solemnly required and so solemnly promised that God should so solemnly require their Vow and Promise and yet not give them Power and Authority to perform is monstrous to conceive God never requires more than he gives Brick without Straw that is the Property of Pharaoh and his hard Task-masters It s much more agreeable to truth that all Covenants of like nature and purport are equally obliging both to King and People and the care and Authority of each over the other for adjusting of performances is reciprocal and equal it being a Gospel Principle That Gods peculiar People which are his true Church ought to be sollicitous not only to abstain from evil themselves but also to prevent it in otheers A notable Example whereof is before mentioned in the People of Israel Josh 22. who out of abundant Caution minding the Concerns of their Brethren as their own when they heard that the Reubenites Gadites and half the Tribe of Manasseh had erected an Altar not for worshipping as they truly protested but for memorial and witness So fearful they were of Gods Wrath falling on them that they soon dispatched an Embassy to their Brethren to prevent their sin as before Hence it is that the Prophets of old standing in the Gate of the Children of the People whereby their Kings came in and by which they went out did so often put them in mind of their Duty and of keeping Covenant and not only that they should not sacrifice to Baal but that they should destroy both Baal and his Priests and root them out of the Land whether the King will or no for when Ahab had killed the Prophets of God Eliah the Prophet congregated all Israel not tumultuously but by publick Authority and common consent unto Mount Carmel and the Prophets of Baal Four hundred and fifty and the Prophets of the Grove Four hundred which did eat at Jezabels Table and had convinced them of their Idolatry and to be false Prophets the People at his command killed them all at the Brook Kishon 1 King. 18. whereby it appears that the King neglecting his Duty all Israel as obliged ought to discharge theirs On the contrary as often as Kings violated their Covenants or profaned the Worship of God and the People of Israel as we said before of Covenants where the breach of one party manifestly prejudiced the other Covenanters threatning Ruin and Destruction to the Innocent through Negligence sinful Connivance or any other sinister By-end or Respect did not restrain him their Judgments came also upon the People as well for their non-performance as on Kings for theirs which mostly hapned for that the People are more apt to follow the Examples of their Kings than to repent and amend or mind him of the Errors of his ways Wherefore did the Hoast of Israel with Saul and his two Sons fall down slain in Mount Gilboa by the Philistines 1 Sam. 31. Would God think you revenge the Sins of the King upon the People if innocent Far be it from the Judge of all
against their Kingdom and their Laws as the People are against them and the Laws when they transgress Do Subjects obey the commands of their Princes which they may lawfully command and which they of right ought to obey without intrenching on God's commands Do they pay them Tribute Sute and Service not contrary to God's Laws as they ought So to obey Cesar is just lawful and praise-worthy But to obey Cesar's exceeding their just bounds commanding without warrant of Law affecting and designing a greater Impery without the consent of the governed or if they invade or violate the Laws of God perverting the right Worship of God who is above all Kings and Governments it is unjust and to assist Cesar's in such cases is unlawful and they that do make themselves partakers of other Men's Crimes Anno Domini 1300. Pope Boniface VIII challenged some Regalia which belonged unto Phillip the Fair King of France whereupon Philip sharply reproved the Pope by his Letter even in those days when the Pope was accounted the Vicar of Christ on Earth and Head of the Universal Church according to Communis error Juris loco erat Notwithstanding the Sorban answered That both King and Kingdom might safely withdraw themselves from their Obedience to the Pope without any guilt of Schism because not Separation but the Cause made Schism and that they did not oppose the Vicar of Christ but a wicked Man guilty of many Crimes Sieur de Mezerai Annales Franciae Archivae Camerae Ratiociniorum Lutet L. Barbar Ph. de Senat. If the Cause be just the Separation is from the high Priest or Bishop not from the Church Or more properly from Boniface not from the high Priest Unless such distinctions and discriminations are allowed for true and Authentick how can the Souls of whole Kingdoms be distinguished and separated from the Church If Kings invade the Rights of God Almighty and oppress his People who are the Temple of God with servitude denying their Rights Priviledges and Liberties which God hath given them and for which Christ died we may much more use the same distinction and in opposition to such Kings or rather Tyrants we may justly say That not the King but the Tyranny is opposed Anno 1408. Benedict XIII did grieviously oppress the Gallican Church with Tributes and Exactions whence a Convocation of the French Clergy being called by Charles VI. they decreed That the King and Kingdom ought not to obey Benedict as being an Heretick and Schismatick and unworthy of any honour which the States of the Kingdom allowed and the Parliament of Paris approved by their Arrest Annales Car. 6. Monstreletus Moreover they whom Benedict did excommunicate as Enemies of the Church they judged them forthwith absolved of such Excommunications and that thereby they were not excluded or deprived of any Benefit or Priviledge of the Church Ibid. The like we read to have been done as at other times in France so in other Kingdoms Which evidently shews That if Kings and Princes or States do tyrannize or extend their Power beyond it's just bounds Subjects may without any just imputation of Delinquency or Rebellion withhold their Tributes withdraw themselves from their Obedience or resist their Tyranny It being one thing to resist an evil Pope another thing to resist the Church one thing to resist a King another thing to resist a Kingdom or Tyranny We read That Edom revolted from under the hand of Judah and made a King over themselves And Libnah revolted from Jehoram 2 Kings 8. 20 22. yet after the true Worship of God was restored we find Libnah numbred among the subjects of Ezekiah Chap. 19. 8. If this distinction be of force when the Pope who arrogantly assumes to himself Superiority over Kings and Princes invades their Rights or the Rights of the Church is it not much more just if Princes I might say Vassals invade the Rights and Regalia of the great God of Heaven and of Earth It stands therefore sure that Princes commanding unlawful things or forbidding Holy things or introducing a False or Idolatrous worship the People or rather Parliaments Dyets Senates the several Officers or inferior Magistrates having a share in the Government and intrusted with the common concerns of the Kingdom by the People both may and ought to hinder or resist unlawful commands All or at least the Governing Magistrates of Kingdoms and Cities as first impowered by God and then constituted by Princes by Authority derived from the People ought to promote in their several Stations and Provinces first the Glory of God and of Holy Church and then the Good and Welfare of Kingdoms Cities and Free States and if they do not it is in them Crimen laesae Magistatis and they become participes criminis by such their sinful connivence Let us now consider what Bishop Bilson Bishop of Winchester as learned and as honest a Bishop and as sound a Divine as ever sate on that See and who hath written a most learned Treatise of the difference between Christian Subjection and Unchristian Rebellion in the days of Queen Elizabeth The Romans did not love the name of King and the Commonwealth of Venice Millan Florence and Genoa are of the same mind many States have Governors for Life and for Years and yet a Sovereignty still remaining in the People or Senate or in the Prelates and Nobles that elect or assist the Magistrate who hath his Jurisdiction allotted and prefixt unto him and may be resisted and recalled from any tyrannous excess by the general and publick consent of the whole State. In Germany the Emperor himself hath his bounds appointed him which he may not pass by the Laws of the Empire and the Princes Dukes and Cities that are under him have Power to use and govern the Sword as God's Ministers in their own charges And though for the Maintenance of the Empire they be subject to such orders as shall be decreed in the Convent of all their States and according to that direction are to furnish the Emperor with Men and Mony for his necessary Wars and Defences yet if he touch their Policies infringe their Liberties or violate the Specialties which he by Oath and Order of the Empire is bound to keep they may lawfully resist him and by force reduce him to the Ancient Government or else repel him as a Tyrant and set another in his place by the Right and Freedom of their Country Bilson's Subjection p. 513. Zuinglius saith That if the Empire of Rome or any other Sovereign should oppress the Truth and they negligently suffer the same they shall be charged with contempt no less than the Oppressors themselves Zuingl lib. 4. Epist Zuing. Occol f. 186. And elsewhere when Kings rule unfaithfully and otherwise than the Rule of the Gospel prescribeth they may with God be deposed as when they punish not wicked Persons but especially when they advance the ungodly and idle Priests such may be deprived of their Dignity as Saul
was Art. 42. Expl. f. 84. So God by Jeremy threatned to destroy the men of Judah and Jerusalem for that they suffered their King Manasseh to be unpunished King. 4. 21. Jer. 15. And yet the People of Israel had no declared Sovereignty over their Kings but only a tacite and implied Sovereignty by the Laws of God and Nature So when Saul would have put Jonathan his Son to death the People would not suffer him so to do but delivered Jonathan that he died not 1 Sam. 14. When David purposed the reducing of the Ark his Speech to the People was If it please you we will send to the rest of our Brethren that they may assemble themselves unto us and all the Congregation said that they would do so for the thing was right in the Eyes of all the People 1 Chron. 18. After Solomon's death all the Congregation of Israel said to Rehoboam 1 Kings 12. make thy Fathers yoak which he put upon us lighter and we will serve thee because it lay in their choice to subject or free from the Kings Power The People likewise took Jeremy when he had prophesied against them and said Thou shalt die the death Jer. 26. And afterwards reversed their Sentence upon Jeremy's declaring That the words he spoke were commanded from God. Bilson 514 517. The Duke of Saxony and the Lantzgrave answered the Emperor Forasmuch as Cesar intendeth to destroy the True Religion and our Ancient Liberties he giveth us cause enough why we may with good Conscience resist him as both by Profane and Sacred Histories may be proved The Ministers of Magdeburgh delcare how the Inferior may defend themselves against the Superior compelling him to do against the Truth and Rule of Christ's Laws The German Lawyers made evident demonstration That the free States by the Laws of the Empire might defend their Liberties against Cesar to whom they were subject with that condition so may any other Nation if their Magistrates infringe their Laws and Liberties In the Troubles of Germany Anno Dom. 1546. when the Duke of Saxony and the Lantzgrave were Prescribed or Out-lawed they remonstrated That if the Emperor had kept his Covenants they would have done their Duties but because he began first to make the breach the fault is his For since he attempts to root out Religion and subvert our Liberties he giveth us cause enough to resist him with good Conscience matters standing as they do we may resist as may be shewed both by Sacred and Prophane Stories Unjust violence is not God's Ordinance neither are we bound to him by any other reason than if he keep the Conditions on which he was created Emperor Sleid. 18. p. 212 213. So the Magistrates and Ministers of Magdeburgh declared That if our Religion and Liberties left us by our Fore-fathers be preserved we refuse no kind of Duty that ought to be yielded unto Cesar or the Empire Now by the Laws themselves it is provided that the Inferior Magistrates shall not infringe the right of the Superior and so likewise if the Magistrate exceed the limits of his Power and command that which is wicked we need not only not obey him but if he offer force we may resist him Lib. 22. p. 266. Anno 1550. If a Prince should go about to subject his Kingdom to a Foreign Realm or change the form of a Commonwealth from Impery to Tyranny or neglect the Laws established by common consent of Prince and People to execute his own pleasure In these and other cases which might be named if the Nobles and Commons join together to defend their Ancient and Accustomed Liberties Regiment and Laws they may not well be accounted Rebels modestly expressed Bils 520. The People may preserve the Foundation Freedom and Form of their Common-wealth which they fore prized when they first consented to have a King the Law of God giveth no Man leave to resist his Prince But Kingdoms and Commonwealths may proportion their States as they think best by their publick Laws which afterwards the Princes themselves may not violate By Superior Powers ordained by God we understand not only Princes but all Politick States and Regiments some where the People some where the Nobles having the same Interest to the Sword that Princes have in their Kingdoms and in Kingdoms where Princes beat Rule By the Sword we do not mean the Prince's private will against his Laws but his Precepts derived from his Laws and agreeing with his Laws which though it be wicked yet may it not be resisted of any Subject with armed violence Many when Princes offer their Subjects not Justice but Force and despise all Laws to practice their Lusts not every nor any private Man may take the Sword to redress the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing right and withhold him from doing wrong then be they licensed by Man's Law and so not prohibited by God to interpose themselves for the safeguard of Equity and Innocency and by all lawful and needful means to procure the Prince to be reformed 520 521. Bishop Bedel a Reverend worthy Divine in his Answer to Mr. Wadâ—sworth to satisfie him quo Jure the Protestant Wars in France and Holland are justified saith That the Law of Nature doth not only allow but inforce every living thing to defend it self from violence Then the Law of Nations permitteth those that are in the protection of others to whom they owe no more than an honourable Acknowledgment in case they go about to make themselves absolute Sovereigns and usurp their Liberty to stand for the same And if a lawful Prince which is not yet Lord of his Subjects Lives and Goods shall attempt to despoil them of the same under colour of reducing them to his own Religion after all humble Remonstrances they may stand upon their own Guard and being assailed may repel Force with Force as did the Maccabees under Antiochus In which case notwithstanding the Person of the Prince himself ought always to be Sacred and Inviolable as was Saul to David And lastly if the inraged Minister of a Lawful Prince will abuse his Authority against the Fundamental Laws of the Country it is no Rebellion to defend themselves reserving still their Obedience to their Sovereign inviolate I mention these Two Bishops only as being above all exceptions against whom no just objection can be made either for Learning Piety Loyalty or right Church of England Men. Which considerations I presume kept them from being burnt in July 1683. Which Act surprized not a few sober Loyal Men because if the learned Men of all the Reformed Church of Europe be consulted they will be found Asserters of the like Principles Alas to sacrifice so many Worthy Learned Pious Mens Judgments to Fire and Fagot unheard unrefuted as it is not for their honour so it is no more convincing nor confuting than that Doctors Argument who would confute Bellarmine in
the manner of the Kingdom he wrote it in a Book which Book say the Hebrew Doctors the Kings either tore or burnt that they might more freely tyrannize Though the Pulpits do not march quatuor pedibus along with Leviathan in his Dogma's of Arbitrary Power in Kings and Princes of quod libet licet in the Twentieth Chapter of his Second Part and elsewhere sparsim yet they go hand in hand with him thus far That if Kings do act contrary to the Laws of God and Nature and of Man yet they are responsible and accountable to none but to God himself Whereas there is not one plain Text or Syllable in the whole Bible maugre all false glosses that concludes any thing for Kings being unaccountable unto human Judgments or that they have an absolute Power or Divine Prerogative So that in summ The Pulpits and Leviathan are so far agreed as to dogmatize Lyes and false Doctrines for to justifie that Kings maugre all mutual and reciprocal Laws Pacts and Covenants may act and govern how they please And to justifie and assert that they ought not so to Govern but to observe the Laws of God of Nature and of Men but yet if they do not they are notwithstanding responsible and accountable to none on Earth but to God only for their so doing which in truth differ in their consequences no more than Herring-men do from Fisher-men and both stink in the Nostrils both of God and of all good Men as destructive to the well being and good Government of all human Societies and have no sound Foundation in the Law of God of Nature or of Reason but are contrary to them all for sans doubt they that have Authority to give and apply Power to this or that Person have Authority also to consure his Actions against the Law of Nature 1. Self-preservation than which nothing is more dear and which Nature seeks by all means and endeavours to preserve as inviolable is common to a Man with all other Animals if you tread but upon a Worm it will turn and if it have a Sting or a Fangue or a Poison have at you 2. Then whatsoever may conduce to its other Happiness of its well-being it labours to obtain them and to avoid the contrary and to hate and revenge the Opposers so that vim vi repellere is as natural to Man as to all other Animals Other Laws of Natural consequence implanted and grafted in him in his first Creation for the better Reglement of Communities throughout the whole World as to do good to all to hurt no Innocents to keep Covenants Promises and Contracts faithfully to contribute their utmost to procure the Happiness of the whole of that Kingdom that Commonwealth or that Society or Community whereof they are Members All which are utterly confounded and destroyed by such Leviathan Pulpit Doctrines 3. It 's against the Law of Men and Nations for where ever there are Laws between Kings and People wherein Salus Populi is ever to be presumed to be the Supreme Law for that God made the whole Creation not only for the Necessities but for the Delights also of the whole Race of Mankind in general and equally without respect of Persons solemnly made and sworn unto by mutual consent there they do mutually reciprocally and solemnly bind each other And the Sword placed in the Magistrates hand is not as the material Sword in the hand of Alexander not to untie but to cut the Traces of that fatal Gordian Chariot but the establisht Laws are the true Sword to which both King and People must submit and be responsible if otherwise making of Laws were but Leonis Catulum alere vid. Eras Adag p. 1. 709. For as the Sword of the Spirit is the Word of God so the Sword of Magistrates are the Laws of God and of Man All which Rights and Priviledges of Mankind are utterly destroyed if this Doctrine be good Doctrine Oaths between King and People being of the same nature with that between Rahab and the Spies which if not performed by her they were to be quit of the Oath which She had made them to swear For Kings though in Title in the execution of Laws and in many Prerogatives they are singulis majores yet in the main they are universis minores the reason is irrefrigable for that the People make Kings and not Kings the People And the like reason Christ is the everlasting Head of the Church because Christ made and ordained the Church to be his peculiar People and not the Church Him the Head of them In Paternal Government which is indisputable there the Fathers beget the Children and not the Children the Father and they owe him Obedience though morose and bitter to them yet if he prove a Tyrant over them their Obligation to him is cancelled and if he Murder any of them he himself shall suffer Death Nature gives Fathers to the People but the People make Kings to themselves and therefore Kings are constituted for the People and not the People for Kings Some places of Scripture are urged though of very little force when brought to the Test and well examined As first let my Sentence come forth from thy presence let thine Eyes behold the things that are equal Psalm 17. 2. What hath this Text to do more particularly with the Government between Kings and their People than with all other troubles and afflictions that Mankind in general is subject unto c. being as applicable to every particular Person persecuted and in troubles as to King David here in confidence of his Integrity craveth defence of God against his Enemies and so may any Body else but it proves nothing that Kings if they oppress their Subjects shall be accountable to none but to God Almighty It doth prove that any oppressed King or not King may appeal unto God to plead their Cause and Protect and Defend them And if it be lawful so to Pray it is lawful to put to their own helping Hands to relieve themselves by any lawful means and endeavours and pray to God to bless their endeavours and so by their prayers and endeavours to co-operate together 't is an Appeal to God to judg between him and his Enemies And is it not lawful nay the duty of all States and Kingdoms to make the like Appeals and Supplications to God Almighty It 's probable that David wrote this Psalm when he was troubled and persecuted by Saul even after he was anointed of God and because he did then make Supplications and Appeal to Jonathan for his life if there be iniquity in me slay me thy self for why shouldst thou bring me to thy Father Will it follow therefore that court was to be made to Jonathan only I doubt not This is a great Example and Encouragement to those that are falsly accused to appeal to God by Prayers and Supplications for help and the reasons that follow are great viz. thine Eyes behold the things that are
more ridiculous in Nature in Reason in Wisdom in Understanding to give Laws to Kings and cause them to swear to keep them and yet to be understood at the same time to be lawless and not obliged to keep them according to some or at least cannot be questioned if they break them according to others which is as Caitiff a position as the other and differs nothing but in words only Shall all others be punished for the breach of the same Laws and Kings only excepted who by solemn and sacred Oaths have bound themselves to performance and the Laws make no exceptions Absit Doth God make any exceptions Doth not God punish Kings as severely as he doth others Is not Tophet ordained of old which is deep and large the pile whereof is fire and much wood and which is kindled by my breath as by a stream of brimstone yea for Kings it is prepared Isaiah 30. 33. and shall we give such encouragement to break Laws and to work Wickedness God forbid Are not such Doctrines encouragements to Kings to lift up their Hearts above their Brethren against which God hath forewarned and forbid them that they might know themselves to be but Men. God made his own Sabbath for Man and not Man for the Sabbath and hath he not made Kings so too Moses was a King with Supreme Power Well what then and so let all Kings have if they have the same Warrant Commission access and freedom with God Almighty to have constant recourse unto him to carry the Causes of their People unto him and receive his Commands and communicate them to the whole Congregation and prosecute them as punctually as he did and be as faithful in his House as he was But though Moses had this great and mighty Power being as it were God's companion speaking unto God and God answering him Exod. 19. 19. yet it no where appears that quod libet licet that he could do what he list and be accountable to God only It 's true the People came to him to ask counsel of God for them but not to do his own commands without God's commands and advice first had and all this was but to teach them the Ordinances and Laws and shew them the way wherein they were to walk and the works they were to do Exod. 18. 20. not to oppress or injure them or tyrannize over them to give Laws not receive or be obliged by any themselves So that upon the whole matter God was the King of the Jews Moses only his Interpreter and Ambassador and if Kings will not be as faithful as Moses was in judging and acting according to the Laws and Ordinances of their and our God there will then be no leading into captivity no complaining in our streets no breaking in nor going out but happy would be the People that were in such a case yea happy that People whose God is the Lord Psal 144. 14. 15. to make Laws to bind King and People and yet Kings to break them impune when the very Laws themselves do not exempt them is very ill becoming reasonable men and that all but Kings should be punished for the breach of them is wicked and unjust It may happen in all Kingdoms most probably in those that are Haereditary that some Kings may be Idiots or mad or follow mad Councils and Advisors a crime of the same Leaven as did Rehoboam and must whole Kingdoms then also be subject to their Tyranny to be chastized not with Whips but with Scorpions without making use of their power to extricate themselves out of their hardships and miseries Is it not then natural to cry What Portion have we in David We have no Inheritance in the Son of Jesse every man to your Tents withdraw your Services withhold your Tributes fight not against the Interest of your Nation and now David see to thine own house 2 Chron. 10. 16. Though Kings have the great title yet the Laws are to govern both them and their Subjects and though all Laws run in their names yet they cannot do what they list but as he is to command according to Law so his Subjects are to obey him according to Law not against Law. Doth God himself keep Covenant for ever and never break any and shall Kings who claim their Titles and Powers from him take greater liberty and freedom to break the Covenants and Agreements with their Subjects than God himself or pretend to be unaccountable I doubt they themselves would not accept such a Plea from their own Ambassadors or Ministers transgressing their Commissions Had the Israelites power to cast off their corrupt Judges a Government well pleasing to God himself and to choose them another form of Government even Kingly contrary to the mind even of God himself and did not God gratify them therein though they rejected not Samuel only but God himself thereby Sam. 8. 7 8. For he gave them a King in his anger and took him away in his wrath Hos 13. 11. Had they such power under the Law and have not Christians the same under the Gospel if not shew when where and by whom it was taken away Certainly whoever sets up himself to be supream and above all Laws or to be accountable to none but to God for breach of them doth as much as in him lies make himself an Idol or a strange God to be revered without contradiction If Nebuchadnezzar erect his Prodigious Idol must all People Nations and Languages fall down and worship it Gideon whom the men of Israel Commissioned saying Rule thou over us both thou and thy Son and thy Sons Son also but Gideon answered I will not Rule over you neither shall my Son rule over you the Lord shall Rule over you Judg. 8. 22 23. By which it appears that Gideon by this Commission was as Supream and had as large Powers as any King had or as the Israelites could give him without formal Covenants or Laws to tye him up and yet his Answer is a document upon divine Record for ever to all Kings and Princes that it is not the right of Men to domineer over Men but it belongs and appertains to God only to rule without controll And indeed it 's both against the law of nature and precept divine for Kings so to lift up their hearts above their Brethren as to rule over them Rigorously Uncontrolably for God created them all equal and we shall all stand in an equal distance before Gods Tribunal where there shall be no respect of Persons What difference and distance of stations and of honours there is amongst us is from our selves and of our own framing naked came we into the World and naked shall we return It is ill very ill offending little ones whose Angels do always behold the face of God in Heaven Mat. 18. 10. By all which it manifestly appears that the Mosaick Kings and Judges were equally obliged to keep the Laws together with the rest of the
become forfeited for Mal-government should not return unto them who delegated it as well from Kings as from Consuls Senates Tribunes Duumvirates Triumvirates Decemvirates Ephori or any other form of Government is past all understanding It is also scornfully objected this is to be a Duke of Genoa a Duke of Venice not a King. They who have so mean conceits of such Governments which in reality are as much approved and allowed by God as Kingly even by the same Scripture are not worthy to preside in any Government If the Opinion of the Millenaries be true and Christ shall come and reign upon the earth 1000 Years will he not do all things for the good of the Governed Will not his eyes be on the faithful of the Land and on them that excel in virtue will he not hate the works of them that turn aside will he know a wicked Person except to condemn him will he suffer them that have High Looks or Proud Hearts will not his eyes be on the faithful of the Land that they may dwell with him shall not they that walk in a Perfect way serve him shall they that work Deceit dwell in his House or they that tell Lies tarry in his sight and will he not destroy all the Wicked of the Land and cut off all wicked doers from the City of the Lord And cannot Kings do the same whether their power be absolute from God or delegated from the People Hath not Christ been among us already as him that serveth and shall his Vicegerents think it below them to be like their Master Were it not the most desirable condition in the World for Kings Christian to be so seated on Thrones as it could not possibly be in their power to do the least injury to the meanest of their Subjects and yet do good to all Would not this be a condition acceptable in the sight of God and Man would not they thereby become Deliciae humani Generis as once Titus was Will nothing please but quod libet licet their Wills and Pleasures to be their Laws that Justinian-like when instigated by an Imperious Whorish Comedian Theodora they may securely commit Outrages and Cruelties sans nombre or when tickled with a Dancing Herodias shall take off any Head though of a John Baptist or when in the midst of Adulterous Embraces shall betray the strength of a Nation to a Dalilah at pleasure and all these uncontrollably When the Romans had cashiered Proud Traquin their King and in him Kingship they delegated their Power on Two Consuls to be check one upon the other that if one exceeded or abused his Power he might be curb'd by the other and though both should agree to usurp or extend the power given to the prejudice of the People yet both Consuls and all other Magistrates were to be obedient to the Senate whenever the Patricians and People thought fit which was always had in esteem as the Peoples Champion and Defender of their Rights and Laws Tull. orat pro Sestio The like subject were the Decemviri and all other the Magistrates to the Senate insomuch that sometimes the Counsuls were esteemed Enemies before they quitted their Consulship and the Senate took Arms against them So War was raised by the Authority of the Senate against Anthony the Consul for his misdemeanors during his Consulship On the contrary Trajan that Excellent Emperor believing him to have been sent from Heaven to redeem them from the slavery of former Tyrants and to restore unto them their antient Liberties when he gave the Sword the Ensign and Badge of Majesty and Power unto Saburanus Praefect of the Praetorian Cohorts saying Accipe hunc Gladium pro me si recie agam sin aliter in me magis quod moderatorem omnium vel errare minus fas est Use this Sword for my Defence whilst I govern as I ought if otherwise to my Destruction Comite Cestriae Gladium Sancti Edvardi qui Curtein dicitur ante regem bajulante in signum quod comes est Palatii Regem si oberret habeat de Jure Potestatem cohibendi suo sibi scilicet Cestrensi Constabulario ministrante virgâ— Populum cum se incrdinate ingereret subâ—rahente Matth. Paris lib. 3. p. 563. N. 10. At the Marriage of Henry III. King of England with Elianor Daughter of Raymund Earl of Provence the Earl of Chester carried the Sword of St. Edward called Curtein before him in token that he was Master of the Palace and that he had publick Authority to curb the King if he erred The same Ensign of publick Authority is continued to this very day before the Kings of England King Charles II. at his Coronation being set in a rich Chair under a glorious Cloth of State Sir Gilbert Talbot Knight Master of the Jewel-House presented the Sword of State also the Sword called Curtana and two other Swords to the Lord High Constable who took and delivered them to the Lord High Chamberlain and laid them on the Table before the King. The like Powers had the Masters of the Palace in France and other Countries It is plain that though that great and just Emperor Traj an had so great Power conferred on him yet was so just as to appoint a Judge though inferior to him over his Actions How much more just therefore was he when he superior in Power having all the Armies and Conquests at his beck and consequently could not be forced to obey the Senate or People yet would do it in respect of his Office and Duty to his Delegators and thereby acknowledge them to be his superior of whom Pliny in his Panegyrick saith That senatus ut susciperet quartum Consulatum rogavit jussit Which are words of Command and they that might Command might Judge and Censure So Marcus Aurelius the Emperor when Cassius the Praefect of Syria endeavoured to deprive him of his Kingdom offered himself to the judgment of the Senate and the People of Rome as it should seem best unto them Now who could better judge of Kingly Power than such just and upright Kings and in their own Cause Certainly by the Law of Nature all good Kings have the Senate or the People both for their Peers and Superiors in some Kingdoms though Tyrants hated both of God and Man will neither have Superior nor Peer As of old Laws the Law of Nature guiding by force were devised so when Laws came to be despised and slighted by the same Law of Nature there must recourse be had unto force again so to think is just and prudent so to do is true courage so to think and do is the height of a prudent vertue This remains indelible in Nature That the Senate or People are always Superior in some Countries to Kings good or bad the reason is natural for that the People do transfer their own Power or to speak yet more properly the use and exercise of some of their own Power unto Kings the