of Germany confirmed in the Regency by the States following the example of the Bastards is Crowned King and afterwards was degraded from the Empire and the Crown Charles the Simple after Twenty two years was forced to renounce his Crown though a lawful King. Lewis the Fourth his Son carried into England by his Mother c. And Ralf or Raoul Duke of Burgundy called to the Crown though an Usurper after whose death the said Lewis the Fourth called Doutremer is restored to the Crown Lewis the Pious though the Son of Charles the Great yet was elected anno 812. in whose Will extant in Naucler Charles the Great besought the People that they would chuse one of his Nephews which they pleased by the publick Council of the Kingdom and commanded his Uncles by the publick decree of his People to acquiesce Hence Carolus Calvus Charles the Bald a Nephew by Lodovicus Pius and Juditha confesseth himself chosen King. Aymoinus Historiogr 85. From the Merovingiens being Twenty two Kings of the Merovees to the Garlovingiens by Charles Martel Major of the Palace in name but King in effect of which Race there have been Thirteen Kings then the Crown came to the Capets In the choice of Pharamond first King of France after many Harangues pro and con about all kinds of Government at last they resolved on Kingly Government as the best sort of Government then the Lords Peers Magistrates and chief Captains as Representatives of all the People chose him King and was Inaugurated or Crowned by setting him on a great Shield or Target and carrying him into the Field where also both the common Soldiers in Arms and the People were assembled who confirmed and approved the choice by their Acclamations about the Year 419 or 420. And then they did Swear to the King to keep Faith and Allegiance to Honour Serve Maintain and Defend him against his Enemies but on condition that he be Religious Valiant Just Merciful Impartial Diligent understanding in management of Affairs skilful to resist their Enemies to punish Evil doers and to preserve the Good and to defend the Christian Faith likewise This Mutual and Reciprocal Swearing and Covenanting equally obligatory on both sides was the Custom from Pharamond to Pepin and afterwards in the Race of the Carliens descended of Pepin the French of their own free will chusing their Kings the Crown in those Days not descending Hereditarily If at any time the Crown came to the Son or Brother did succeed the Father or Brother it was not by any right of Inheritance or Succession to which they could not possibly have any right or pretence by any Law of God or Nature that wholly depending on consent of Parties to be governed but only through the affection which the French did bear to the memory of the good King deceased After Pharamond they chose one Daniel a Monk whom they sirnamed Chilperick whom for his Debauchery they banished and chose one Gillon or Gilles a Roman Senator or Master of the Roman Militia for their King who Governing as ill as Chilperick they sent and intreated Sigibert King of Metz to take the Crown of France and Crowned him Les Burguignons and les Austrasiens having made Peace with the other French chose Clotaire for their King in all the Three Kingdoms and afterwards chose Childerick King of Austrasie who delaying to come they chose one Odon After the decease of Dagobert his Son Clovis being young they chose him after his decease they chose his Son Clotaire King who dying Four years after they chose Thyerre his Brother whom they afterwards deposed and chose Childerick in his room Histories are full of the like examples in other Kingdoms Afterwards in the Posterity of Pepin who having been Ten years Master of the Palace to Childerick a weak Prince set up for himself and by his Power and Artifices by the help of Pope Zachary his ghostly Father dispensing with the Oath of Allegiance which the People had Sworn to Childerick the last King of the Race of Clovis whom the People caused to be put into a Monastery And after the death of Pepin the French by common consent chose Charles and Carloman his Son for their King with a charge that they did equally part and share the Kingdom between them At the end of the Race of Pepin Lewis King of the Francs being dead they being willing to transfer the Kingdom to Charles King of Austrasie or according to others Duke of Lorrain but whilst he deferred his coming Hugh Capit took possession of the Crown It is also evident in Story that one Kings Son hath been rejected and another inthroned For the French not being pleased with the Infancy and Weakness of Charles Son of Loys de Begue about Nine or Ten years old chose for their King Odon Son of Robert Saxon which was killed by the Normans in Battel and that Two years after they being displeased with the Government of Odon they discharged him of the Government and set up Charles again who misbehaving himself was imprisoned and they put in his place Raoul King of Bourgongue by which examples it is apparent the Kings of France were Elective not Hereditary But after they obtained Hereditary Possession of the Crown the Custom of the Election by the People which had lasted long being laid aside the Kings were Crowned and Chosen at Rhemes by the Peers of France in the name of the Church of the Nobles and of the People Bernard de Gerard. Sieur Mezeray Jean de Serres In summ All Kings were at first Elected and Chosen by the People and though now many succeed by Inheritance as by much the better way yet that way also is Constituted Approved and Confirmed by the People or their Representatives No Kings drop out of the Clouds neither do they start out of the Earth though the People chuse the Root yet do they not so absolutely chuse the Stems or Branch but if they do degenerate they in Prudence and Justice may make a better choice The Heirs of such Roots are not so much born Kings as adopted so not so much Kings as fair Candidates for Crowns Presumptive Kings only where Succession is not settled by Laws made by publick consent CHAP. V. Some Opinions of Hobs's Machiavil Pulpits and others examined The Peoples Power asserted in chusing refusing and rejecting Kings according as they did or did not observe Laws and Covenants Covenants equally oblige If broken by one the other is thereby set free Vsages and Customs of other Nations Sad examples of Perjury IT is true that Machiavil Hobs the Pulpits and others do inculcate That Kingly Power is so founded by God immediately that there remaineth nothing human in it and that publick consent is nothing at all requisite and that Kings are responsible to God only which is the ground of all Tyrannical Arbitrary and Unbounden Sway. For if Kingdoms by common consent can neither set Bounds nor Conditions nor judg of
he breaking his Covenant God became free and discharged of his promise and rent his Kingdom from him The same Jeroboam erecting twâ— Calves in Dan and Bethel became â—in unto the House of Jeroboam even to cut it off and was first punished by the death of his Son and then destroyed it from off the face of the Earth 1 Kings 13. 34. And why Because they kept not God's Covenant The Scripture is full of such Examples of the Kings of Israel and Judah As the Gospel succeeded the Law so Kings Christian are in the place and stead of Jewish Kings and are under the same Covenants the same Pacts and the same Punishments and the same God is the same Revenger of all Perjuries and Perfidiousness and Covenant-breaking As the Jewish Kings were strictly obliged to the observation of the Law so Kings Christian to the observation and propagation of the Gospel unto which they Swear at their Inauguration Herod who ought to have advanced the Kingdom of the Lord Christ fearing Christ himself as a Competitor for his Kingdom condemned him to Death Behold how soon he miserably perished and lost his Kingdom How soon was Julian the Apostate in despight of all his obstinacy and perversness brought to his scornful Exclamation and Acknowledgment of Vicisti Galilae Histories both Sacred and Profane Old and New are full of such fearful Examples which may teach all Kings and Princes That though they set themselves and the Rulers take counsel together against the Lord and against his anointed which are his People Psalm 105. 14 15. yet he that sitteth in the heavens shall laugh them to scorn and the Lord shall have them in derision and in his due time shall break them with a rod of Iron and shall dash them in pieces like a potters vessel and make all their enemies their foot-stools Psal 2. 100. And they shall confess the Lamb Christ Jesus to be King of kings and Lord of lords and that they that be with him to be the chosen and faithful Rev. 17. 14. It is wonderful and ineffable to consider that the great God of Heaven and of Earth did not create Men only a little lower than the Angels and in his own Image and give them also dominion over the fish of the sea and over the fowl of the air and over the cattle and over every living thing that moveth upon the earth Gen. 1. 26. but such was his admirable Love to Mankind that he hath in some measure given him a share and part with himself in the External and Worldly Administration and Government of themselves and of the things below in directing them to a Government according to his own Pattern displaied in the Old and New Testament and given them Laws to Govern themselves and Honours and dignifies them with the Title of his own Lieutenants and Vice-gerents nay of Gods I have said ye are Gods c. Psalm 82. 6 7. viz. By me Kings reign and Princes decree justice Prov. 8. 15 16. who in the days of the Prophets and since hath left them unto their own free choice and discretion still observing his Laws and Commands against which no Law can have force And God himself remembring his Covenant the Word which he swore to a thousand Generations became a Pattern to all his succeeding Vicars and Vice-gerents to imitate When he sent Joseph before him into Egypt in his due time to bind Princes at his pleasure and teach his Senators wisdom when he sent Moses his Servant and Aaron whom he had chosen to hector proud Pharaoh King of Egypt and bring out his people Israel with a high hand and stretched out arm and deliver them out of the Iron furnace and Egyptian bondage reproving Kings for their sakes saying Touch not mine Anointed and do my Prophets no harm when he led them through the wilderness by spreading a cloud for their covering and fire to give light in the night when he made the red sea a wall unto them on their right hand and on their left and at the same time overthrew Pharaoh and all his hoast in the midst of the same so that there remained not so much as one of them but brought Israel forth with Gold and with Silver and not one feeble person among their Tribes and gave them the Land of the Heathen for their inheritance and uttermost parts of the Earth for their possession Of such vast and near consequence and concern was the Happiness and Welfare of the People of the Jews though a rebellious generation unto God himself that he used â—his Almighty Power and wrought Miracle after Miracle rather than not deliver them from the Hands of their Enemies and cruel Bondage A notable Document to all Christian Kings who pride themselves and glory in being stiled and esteemed his Vice-gerents to imitate God and his Vice-gerent Moses in all their Governments in keeping Covenants and being in good earnest Nursing-fathers to the governed and carry them in their Bosoms as Nursing-fathers bear their sucking Children and not vex them with their Wyles nor yet with any Oppressions or Tyranny CHAP. III. The true Basis and Foundation of all Governments and right of Legislation is consent of Parties who may delegate and devolve the use of their own power on one or more Persons without devesting themselves of the Supreme Dominion thereof And that common Good is the main end of all Governments Kings made by the People THESE things thus premised I lay this for an undeniable Truth as the Basis of all true Government viz. That Paternal Government excepted to which within their own private Families Nature hath given a Supreme Power throughout the World even from the first Creation thereof and have ever been reputed as Lawful Governors therein no Man nor any number of Men can have compleat Lawful Power or Authority over any number of society of Men but by consent of Men or by immediate appointment of God which position will justice all subsequent Superstructures all other Governments being unnatural violent and usurped and therefore unlawful whereby it is manifest that the whole Right and Power of Government is originally in the Governed who may transfer and vest as much of their own Power as they please on one or more Governors without devesting themselves absolutely of the Supreme Dominion thereof which still remains virtually in them they delegating the Use only not the Patronage and Dominion of their own Power for the better Execution Administration and Regulation of those Laws which by common consent they should make and chuse for the sake of Justice Peace Order and Piety Common good being the main end for which Societies and Governments were instituted by God and Man and without they tend unto that end they are not perfect And in all such delegations salus populi the good of the governed is and so ought to be the Supreme Law and is always so expressed or imployed and so to be undertaken and understood This
you be moderate and mild towards your Subjects and that you govern them with Justice and Piety and that none of you in your own Person give Judgment on any Captive or guilty Person but that it be done by the publick Judgment of the Judges appointed thereunto using both Severity and Indulgence with great Wisdom and Moderation that whilst a pious Temper is used by us all the King may rejoyce in his People and the People in their King and God both in King and People And concerning our future Kings we pronounce this Sentence That if any of them contrary to the Reverence of our Laws by Regal Haughtiness and proud Domination shall treat us Tyrannically Anathema sit Let him be accursed from Christ and be separate from God for that he presumed to bring the Kingdom into trouble and distress De Smithilane vero c. As for King Smithilane who being guilty and sensible of his own hainous Enormities and Wickednesses deprived himself of the Kingdom and laid down his Royal Ensigns and we decreed with the consent of the Nation that neither he nor his Wife nor his Children for his Tyrannical Government should never be joined to our Society neither would we at any time promote them to Honour or Dignities This is a singular and excellent Example to which we may add a another Decree of the sixth Synod Toledo cap. 3. In which after the Statute of banishing the Jews it is said That in vain they did ordain good Laws except they did also provide that they should be kept Therefore afterwards if the King having the Reins of Government do violate the Observation of his Faith promised Let him be Anathema Maranatha in the sight of God and made Fuel of Eternal Fire and whoever else Priest or Christian shall comply with him in so doing By which it is plain what Power the States of that Kingdom have over their Kings if they violate their Oath when by the Feudary Right which comprehends the Kingdom a Vassal or Slave owes no Service to his Master if excommunicated but is free from his Oath of Fidelity lib. 2. Feud tit 28. § 1. v. de Jure Magstr p. 67 68 69. Take here also the ancient Form whereby the Kingdom of Arragon did oblige their King not only at his Inauguration but iterated it also in their Triennial Conventions in which the King was present that he might receive his Power from them and they theirs from him where after many Ceremonies performed and past between that which is called the Justice of Arragon which represents the Person of the Supream Power and to which the King by Oath is obliged to submit and the King himself either to be created or already created Formula qua Hispaniarum reges inaugurantur Nos qui volemos tanto comme vos y podemos Mas que vos Elegimos Rey con est as y est as conditiones intra vos y nos un que manda mas que vos i. e. We that are as great as you and can do more than you choose you King on these and these Conditions between you and us and one can command more than you By which you may see that that wise and Prudent People do honour their Kings as they ought Ibid 71 72. If we consult the Empire of Germany what Power the Princes Electors have there it is manifest to all the World both in choosing the Emperor and deposing of him as it hapned to Adolphus Anno 1296. and to Wenceslaâ—s Anno 1400. Emperors for there was such an Oath whereby their Caesars were bound and obliged as is described in a Treatise entituled Speculum Saxonicum lib. 3. § 54. For when the King is chosen he is obliged by Oath to perform Faith and Homage to the Empire and promise that with all his might he will promote the Administration of Justice and punish all Injuries and by all endeavours maintain the Rights of the Empire Now that they that had power to chuse them Kings had power also to curb and punish them is manifest by undisputable reason and matter of Fact. Ejus est tollere cujus est ponere Childerick was expulsed Anno 361. and Gilo substituted who was not of the Family of the Meroves and Chilperick Anno 578. and Theodorick Anno 667. Moreover Anno 890. the States neglecting Charles the Son of Lewis Balbus chose Euden alias Oden to be King. We read also that Hugh Capet cheated Charles the Brother of Lâ—thariâ—s whilst he neglected the Government In short if the Kingdom of Fraâ—cegalli had no Power to choose then neither Pepin nor Capet had any right to the Crown there being no want of Heir Males of Merovey when Pepin usurped the Crown nor were wanting Sons of Charles the Great when Capet challenged the Crown How great the Power of the States ordines regni of that Kingdom in the first Constitution thereof was and how long it continued so and how the Face of that Government is now altered and degenerated into Tyranny Histories are full which no Prescription of what date soever by any Law of God Man Nature or Reason can justifie it being contrary to the Solemn Oaths they take at their Inauguration which justifies all the rest It was but about Anno 1380. that the States of that Kingdom cancelled and made void the Will of Charles the Fifth surnamed the Wise and but Anno 1467. when Lewis the XI endeavouring to turn that Monarchy into Tyranny was deservedly impeached for Male-Government and therefore the States being assembled at Turin they appointed Thirty Curators alias 20. 16. by whom he should be governed but he soon got quit of them because under pretence of the Idol Claronensis which he worshipped with great Superstition he slighted and ridiculed all his Oaths and Promises but with so much unsuccessfulness horrour and unquietness even to his death that he sadly experienced which was the better and more happy Condition to be loved or feared of his Subjects Take the sad Example following of Perjury Charles VII whilst yet the Dauphin most wickedly caused John the last Duke of Burgundy of the Stock of the Gallick Kings to be miserably slain in his presence contrary to all Faith Peace and Friendship plighted unto him a little before near Melo dunum i. e. Melun This Perjury was afterwards expiated by the death of many Millions of Souls almost to the subversion of the Kingdom and Charles himself the King reduced to that misery that he was disinherited of his Father and saw his Capital Enemy Inaugurated by the Kingdom at Paris and from thence was rather Rex Biturigum i. e. King of a People of Aquitane inhabiting Bourge then King of France at last was forced to redeem his Peace on shameful and dishonourable Terms as may appear in a treatise Apud Atrabates with the People of the Province of Artois in which the King himself treated with Duke Phillip Son of the said murdered John his Subject this Clause was
commandment to the right hand or to the left to the end that he may prolong his days in his Kingdom Deut. 17. 16 20. If they so Reign then by me Kings reign is well applied but if they walk contrary then they are no more God's Vice-gerents but the Devils For God never gave encouragement to Princes to work wickedness or to oppress or harrass Subjects but punished them for not Governing righteously The Premisses considered will certainly yield this undeniable conclusion That because God hath given the governed Power and Instruction whom to set Kings over them viz. this Man not that one from among their Brethren not a stranger which is not their Brother therefore the People have a Power to chuse this or that Man for their King. The Reasons are clear for that God's Law doth not impower an Ignis fatuus a non-ens nor can God's Law countenance or abet an unlawful Power or an unlawful Action but interdict it Besides there being now no immediate inspired Prophets as Samuel or Elisha to anoint David not Eliab Solomon not Adoniah nor any Man by Natures Law born with a Regal Diadem on his Head or Scepter in his Hand It must necessarily follow That Kings must have their Power from the suffrages and consent of the governed if they will Govern Lawfully and not be Usurpers And it was so from the first Institutions of publick Government For when the World began to multiply and reciprocal Injuries Injustices and Oppressions did increase among them the Light of Nature and common Sense did dictate unto them That there was no way to prevent and redress all evils of Oppression Injustice c. incident to the whole Race of Mankind but to come to an Agreement and Composition among themselves by Constituting some kind of publick Government and by submiting themselves thereunto And that unto whom they granted Power and Authority by them the Peace Tranquility and happy Estate of all might be procured Men always knew that when Force and Injury was done they might by the Law of Nature defend themselves They likewise knew by the Instinct of Nature that howsoever Men might seek their own profit and happiness yet if this were done with Injury unto others it was not to be suffered but by all Men and all good Means to be withstood They knew also by the same Light that no Man might in Reason take upon him to determine his own Right and therefore debates and troubles would be endless except they gave their common consent all to be ordered by some whom they should agree upon without which consent there were no Reason that one Man should take upon him to be Lord or Judge over another and therefore for manifestation of this their Right and peaceable Contentment on all sides the Assent of them who were to be governed became absolutely necessary So Judicious Hooker and all prudent Authors writing of Government CHAP. VII Whole Kingdoms to be preferred before Kings Deputators to be preferred before Deputies Kings are not immediately from God but from the People who may limit and bind Royal Power as they please The People give only their Politick Power to Kings reserving their Natural Power for self-preservation and happiness which they cannot resign nor deligate without sin Law acknowledgeth no Supremacy nor Sovereignty but according to Law. Covenants have been made with Kings both under the Law and since and are equally binding both to King and People The People cannot absolutely and unaccountably resign their whole Power to Kings without sin manifestly thereby breaking Covenant first made with God. SEeing Kings are constituted and appointed by the People and for the People to preside over them and manage their own Government and to defend them by going in and out before them to fight their Battels and to see that Judgment be impartially and indifferently administred it naturally and undeniably follows that whole Kingdoms are to be preferred before the Kings thereof as the good of the whole is to be preferred before the good of any part Mr. John Turner in his Sermon September 9. 1683. though he extends Passive Obedience and Prerogative far beyond their just limits yet ingeniously confesseth That the Interest of Nations is to be preferred before the Interest or Welfare of any one Man and grounds it on the Prophecy of Caiphas John 11. 45 50. That it is expedient that one man should die for the People and that the whole Nation perish not which he accounts a sure word of Prophecy that is the Testimony of God himself that a greater Interest of Mankind is to be preferred before a lesser p. 20 21. Such force there is in conferring Authorities that they who receive Authorities are necessarily to be esteemed inferior to those who give them Potiphar the Aegyptian set Joseph over all his Family Nebuchadnezar set Daniel over all the Province of Babylon Dan. 2. 48. Darius set One hundred and twenty Presidents over his Kingdom and yet did not devest themselves of the Dominion of their own Power and Authority So the People set Kings over them as chief Ministers of their Government without devesting themselves of the vertual Power and Dominion thereof Which title of Minister good Kings refuse not to acknowledge but imbrace and for some Ages among the Roman Emperors none unless manifest Tyrants such as Nero Domitian Caligula would be called Lords And therefore Holy Writ stiles them Shepherds to feed them Psalm 78. 79 71 72. Captains to defend them and go in and out before them Ministers of God for their good Rom. 13. 4. Nursing-fathers to carry them in their bosoms as a Nursing-father beareth the sucking Child Numb 11. 12. Isaiah 49. 23. A Kingdom or Commonwealth may be compared to a Ship where the Master chuseth the Pilot who is chosen to steer the Ship in its right course that it strike not on the Sands nor against the Rocks in which imployment as all the rest so the Master himself obeys and submits to the Pilot who notwithstanding is Servant to the Ship and to the Masters So Kings are in the place of Governing but the People in the place or right of Dominion Besides a Common-wealth when Christian is the inheritance and anointed of the Lord Psalm 105. 15. made of the same Mould redeemed with the same precious blood as Kings are Act. 20. 28. and whose deaths are precious in his sight and the destruction but of one of them is the violation of God's own Image Gen. 9. 6. And therefore the death and destruction of a Kingdom considered as a Church of an innumerable company of Men is of more concern with the Almighty than the death of a King. For Kings are not God's Inheritance nor his Chosen nor the Sheep of his Pasture nor the Redeemed of his Son because Kings but as they are the created Images of God in common with all other Men their Subjects And all those high and mighty Titles Prerogatives and Priviledges by which they