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

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be disabled to give satisfaction the other must satisfie the creditors who ought not to be endamaged though one of his debtors have ill husbanded his estate this ought not to be doubted in regard of Israel toward their King and of the King towards Israel in case one of them apply himselfe to the service of Idols or breake their Covenant in any other sort the one of them must pay the forfeiture and be punished for the other Now that the Covenants of which we at this time treat is of this nature it appeares also by other testimonies of Holy Scripture Saul being established King of Israel Samuel Priest 1 Sam. 12. 14. 25. and Prophet of the Lord speakes in this manner to the people Both you and your King which is over you serve the Lord your God but if you persevere in malice he taxeth them of malice for that they preferred the government of a man before that of God you and your King shall perish He adds after the reason For it hath pleased God to chuse you for his people You see here both the parties evidently conjoyned in the condition and the punishment In like manner Asa King of Judah by the counsel of the Prophet Azarie assembleth all the people at Jerusalem to wit Juda and Benjamin to enter into Covenant with God Thither came also divers of the Tribe of Ephraim Manasses and Simeon which were come thither to serve the Lord according to his own ordinance After the sacrifices were performed according to the Law the Covenant was contracted in these termes Whosoever shall not call upon the Lord God of Israel be he the least or the greatest let him dye the death In making mention of the greatest you see that the King himselfe is not excepted from the designed punishment But who may punish the King for here is question of corporall 2 king 23. 2. and temporall punishment If it be not the whole body of the people to whom the King sweareth and obligeth himselfe no more nor lesse than the people doe to the King we read also that King Josias being of the age of twenty and 2 Chron. 4. 29. five yeares together with the whole people doth make a Covenant with the Lord the King and the People promising to keepe the Lawes and Ordinances of God and even then for the better accomplishing of the tenour of this agreement the Idolatry of Baall was presently destroyed If any will more exactly turne over the holy Bible he may well finde other testimonies to this purpose But to what purpose should the consent of the people be required wherefore should Israel or Juda be expresly bound to observe the Law of God for what reason should they promise so solemnly to be for ever the people of God If it be denied by the same reason that they had any authority from God or power to free themselves from perjury or to hinder the ruine of the Church For to what end should it serve to cause the people to promise to be the people of God if they must and are bound to endure and suffer the King to draw them after strange Gods If the people be absolutly in bondage wherefore is it commanded then to take order that God be purely served if it be so that they cannot properly oblige themselves to God and if it be not lawfull for them by all to indeavour the accomplishment of their promise shall we say that God hath made an agreement with them which had I. quod att●net 32. 1. D. de reg jur no right neither to promise nor to keep promise But on the contrary in this businesse of making a Covenant with the people God would openly and plainly show that the people hath right to make hold and accomplish their promises and contracts For if he be not worthy to be heard in publique Court that will bargaine or contract with a slave or one that is under tutillage shall it not be much more shamefull to lay this imputation upon the Almighty that he should contract with those which had no power to performe the conditions covenanted But for this occasion it was that when the Kings had broken their Covenants the Prophets always addressed themselves to the house of Juda and Jacob and to Samaria to advertise them of their duties Furthermore they required the people that they not only with-draw themselves from sacrificing to Baal but also that they cast down his Idoll and destroy his Priests and service yea even maugre the King himselfe For example Ahab having killed the Prophets of God the Prophet Elias assembleth the people and as it were convented the Estates and doth there taxe reprehend and reprove every one of them the people at his exhortation doe take and put to death the Priests of Baal And for so much as the King neglected his duty it behoved Israel more carefully to discharge theirs without tumult not rashly but by publicke authority the Estates being assembled and the equity of the cause orderly debated and sufficiently cleared before they came to the execution of justice On the contrary so often and always when Israel hath fayled to oppose their King which would overthrow the service of God that which hath been formerly said of the two Debtors the inability and ill husbandry of the one doth ever prejudice the other the same hapned to them for as the King hath been punished for his Idolatry and Disloyaltie the people have also beene chastised for their negligence connivencie and stupidity and it hath commonly hapned that the Kings have bin much more often swarved and drawn others with them then the people for so much as ordinarily the great ones mould themselves into the fashion of the King and the people conforme themselves in humours to those that governe them to be briefe all more usually offend after the example of one then that one will reform himselfe as he seeth all the rest This which we say will perhaps appeare more plainly by examples what doe we suppose to have been the cause of the defeat and overthrow of the Army of Israel with their King Saul Doth God correct the people for the sinnes of the Prince Is the child 1 Sam. 31. beaten instead of the Father It is a discourse not easily to be digested say the Civilians to maintain that the children should bear the punishments due for the offences of their Fathers the Laws doe not permit that any one shall suffer for the wickednesse of another Now God forbid that the Judge of all the world saith Gen. 18. 25. Deut. 24. 16. 2 King 14 6. Ezech. 18. 20. Abraham should destroy the innocent with the guilty On the contrary saith the Lord as the life of the Father so the life of the sonne is in my hands the fathers shall not be put to death for the children neither shall the children be put to death for the fathers every man shall be put to death for
in publick Court-bare headed and on his knees plead it submitting himself prisoner untill the Judges have maturely weighed and considered the reasons that induced the King to grant him his pardon If they be found insufficient the offendor must suffer the punishment of the Law as if the King had not granted him any pardon but if his pardon be allowed he ought not so much to thank the King as the equitie of the Law which saved his life The manner of these proceedings was excellently ordained both to contain the King within the limits of equitie lest being armed with publick Authoritie he should seek to revenge his own particular spleen or out of fancie or partialitie remit the wrongs and outrages committed against the publick safetie as partly also to restrain an opinion in the Subject that any thing could be obtained of the King which might prejudice the Laws If these things have been ill observed in our times notwithstanding that which we have formerly said remains alwaies certain that it is the Laws which have power over the lives and deaths of the Inhabitants of a Kingdom and not the King which is but Administrator and Conservator of the Laws Subjects are the Kings Brethren and not his slaves For truly neither are the Subjects as it is commonly said the Kings slaves or bond men being neither prisoners taken in the wars nor bought for money but as considered in one intire body they are Lords as we have formerly proved so each of them in particular ought to be held as the Kings Brothers and kinsmen And to the end that we think not this strange let us hear what God himself saith when he prescribes a law to Kings That they lift Deuc 17. 15. 20. Barto in tract de regi●n civit not their heart above their brethren from amongst whom they were chosen Whereupon Bartolus a famous Lawyer who lived in an age that bred many Tyrants did yet draw this conclusion from that Law that Subjects were to be held and used in the qualitie and condition of the Kings brethren and not of his slaves Also King David was not ashamed to call his Subjects his brethren 1 Chron 28. 2 The ancient Kings were called Abimelech an Hebrew word which fignifies My father the King The Almighty and all good God of whose great gentlenesse and mercie we are daily partakers and very seldome feel his severitie although we justly deserve it yet is it alwayes mercifully mixed with compassion whereby he teacheth Princes his Lieutenants that Subjects ought rather to be held in obedience by love than by fear But lest they should except against me as if I sought to trench too much upon the Royall Authoritie I verily beleeve it is so much the greater by how much it is likely to be of longer continuance For saith one servile fear is a bad guardian for that Authoritie Cicer. l 2. offic we desire should continue for those in subjection hate them they fear and whom we hate we naturally wish their destruction on the contrary there is nothing more proper to maintain their Authority then the affection of their subjects on whose love they may safeliest and with most securitie lay the foundation of their greatnesse And therefore that Prince which governs his Subjects as brethren may confidently assure himself to live securely in the midst of dangers whereas he that useth them like slaves must needs live in much anxietie and fear and may well be resembled to the condition of that Master which remains alone in some desart in the midst of a great troop of slaves for look how many slaves any hath he must make account of so many Enemies which almost all Tyrants that have been killed by their Subjects have experimented whereas on the contrary the Subjects of good Kings are ever as solicitously carefull of their safetie as of their own welfare To this may have reference that which is read in diverse places Plato lib. 8. de repub Seneca Aliud est servire aliud obedire aliud libertas aliud licentia L. 5. D. de parricid L. 2. ad leg Corneliam de sicar vbi vlp L. 1. c. de parricid of Aristotle and was sayd by Agasicles King of Sparta That Kings command as fathers over their children and Tyrants as masters over their slaves which we must take in the same sence that the civilian Martianus doth to wit that paternall authority consists in piety and not in rigor for that which was practised amongst the men of the accorne age that fathers might sell and put to death their children at their pleasure hath no authority amongst Christians yea the very Pagans which had any humanity would not permit it to be practised on their slaves Therefore then the father hath no power over the sons life before first the Law have determined it otherwaise he offends the Law Cornelius against privie murtherers and by the Law Pompeius against Parricides the father is no lesse guilty which kills the son then the son which murthers the father for the same occasion the Emperor Adrian banished into an Island which was the usuall punishment for notorious offenders a father which had slain his son a hurting of whom he had entertained a jealous opinion for his mother in Law concerning servants or slaves we are admonished in holy writ to use them like brethren and by humane constitutions as hierlings or mercinaries By the Civill Law of the Egyptians and Romans and by the Ecclesiast 33. Cicer. lib. 3. offici Diod. Sic. lib. 2. C. 2. L. 1 D. de his qui sunt sui vel al. juris constitutions of the Antonims the Master is aswell liable to punishment which hath killed his own slave as he which killed another mans In like manner the Law delivers from the power of the Master the slave whom in his sicknesse he hath altogether neglected or hath not afforded convenient food and the infranchilde slave whose condition was somewhat better might for any aparent injurie bring his action against his Patron Now seeing there is so great difference between slaves and lawfull children betwixt Lords and fathers and notwithstanding heretofore it was not permitted amongst the heathen to use their slaves cruelly What shall we say pray you of that father of the people which cries out tragically with Aireus I will devoure my Children In what esteeme shall we hold that Prince which takes such pleasure in the massacring his Subjects condemned without being ever heard that he dispatched many thousand of them in one day yet is not glutted with blood Briefly who after the example of Caligula surnamed the Phaeton of the world wisheth that all his people had but one head that he might cut it off at one blow Shall it not be lawfull to implore the assistance of the Law against such furious madnesse and to pull from such a Tyrant the sword which he received to maintaine the Law and defend the good when it is drawn
some of the people pressing the businesse he was again confirmed King in a full assembly at Gilgal ye see that he whom God had chosen and the lo● had separated from all the rest is established King by the suffrages of the people And for David by the Commandement of God and in a manner more evident ● Sam. ●6 then the former after the rejection of Saul Samuel anointed for King over Israel David chosen by the Lord which being done the spirit of the Lord presently left saul and wrought in a speciall manner in David But David notwithstanding raigns not but was compeled to save himselfe in deserts and rocks oftentimes falling upon the very brim of destruction and never raigned as King till after the death of Saul for then by the suffrages of all the people of Iudah he was first chosen King of Iudah and seaven yeares after by the consent of all Israell he was inaugurated King of Israell in Hebron So then he is annointed first by the Prophet at the commandement of God as a token he was chosen secondly by the commandement of the people when he was established King And that to the end that Kings may alwayes remember that it is from God but by the people and for the peoples sake that they 2 Sam. 2. doe raignt and that in there glorie they say not as is there custome that they hold their Kingdome only of God and there sword but withall add that it was the people which first girt them with that sword The same order offered in Solomon although he was the Kings sonne God hath chosen Solomon to sit upon the Throne of his Kingdome and by expresse words 2 Sam. 7. 13. 1 Kings 3. Chron. 28. 5 1 Kings 2. 32. 1 Chron. 28. 1. 20. 22. 24. had promised David to be with him and assist him as a Father his soone David had with his one mouth designed Solomon to be successor to his Crowne in the presence of some of the principall of his Court But this was not enough and therefore David assembled at Ierusalem the Princes of Israell the heads of the Tribes the Captaines of the Souldiers and ordinance officers of the Kings the centurions other Magistrates of Towns together with his sons the noble men and worthiest personages of the Kingdome to consult and resolve upon the election In this Assemblie after they had called upon the name of God Solomon by the consent of the whole congregation proclaimed and annointed for King and sat so saith the text upon the Throne of Israell then and not before the Princes the Noblemen his brothers themselves do him homage and take the Oath of Allegiance And to the end that it may not be said that that was onely done to avoid occasion of difference which might arise amongst the brothers the sonnes of David about the succession we reade 2 Kings 20. 2 Chron. 20. 36. 22. 1. 36 1. that the other following Kings have in the same manner been established in their places it is said that after the death of Solomon the people assembled to create his sonne Rehoboam King After that Amaziah was killed Ozias his only sonne was chosen King by all the people Och●sias after Ioram Ioachim the sonne of Iosias after the disease of his Father whose piety might well seeme to require that without any other solemnity notwithstanding both he and the other were chosen and invested into the royall Throne by the suffrages of the people To which also belongs that which Hushai said to Absolam nay but 2 Sam. 16. 18. whom the Lord and this people and all the men of Israel chuse his will I be and with him will I abide which is as much as to say I will follow the King lawfully established and according to the accustomed order wherefore although that God had promised to his people a perpetuall Lampe to wit a King and a continuall successour of the Line of David and that the successour Psal 132. 11. 12. of the Kings of this people were approved by the word of God himselfe Notwithstanding since that we see that the Kings have not reigned before the people had ordained and installed them with requisite Ceremonies it may be collected from this that the Kingdom of Israel was hereditary if we consider David and the promise made to him and that it was wholly elective if we regard the particuler persons But to what purpose is this but to make it apparent that the election is onely mentioned that the Kings might have alwayes in their remembrance that they were raised to their dignities by the people and therefore they should never forget during life in what a strict bond of observance they are tyed to those from whom they have received all their greatnesse We read that the Kings of the Heathen have been established also by the people for as when they had either troubles at home or warres abroad some one in whose ready vallour and discreete integrity the people did principally relye and repose their greatest Herodi lib. 1. Cicero 1. de offici Tit. Livi lib. 1. confidence him they presently with a universall consent constituted King Cicero saith that amongst the Medes Deioces from a Judge of private controvercies was for his uprightnesse by the whole people elected King and in the same manner were the first Kings chosen amongst the Romans Insomuch that after the death of Romulus the interrayde and Government of the hundred senators being little acceptable to the Quiutes it was agreed that from thence forward the Kings should be chosen by the suffrages of the people and the approbation of the senate Forquius Superbus was therefore esteemed a tyrant because being chosen neither by the people nor the senate he intruded himself into the Kingdom only by force and usurpation Wherefore Iulius Caesar long after though he gained the Empire by the sword yet to the end he might adde some shaddow or pretence of right to his former intrusion he caused himself to be declared both by the people and senate perpetually dictator Augustus his adopted sonne would never take on him as inheriter of the Empire although he were declared so by the testaments of Cesar but alwaies held it as of the people and senate The same also did Tiberius Caligula and Claudius and the first that assumed the Empire to himself without any colour of right was Nero who also by the senate was condemned Briefly for so much as none were ever born with Crowns one their heads and sceptes in their hands and that no man can be a King by himself nor reign without people whereas on the contrary the people may subsist of themselves and were long before they had any Kings it must of necessity follow that Kings were at the first constituted by the people And although the sons and dependants of such Kings inheriting their fathers vertues may in a sort seeme to have rendred their Kingdome heriditary
objection made what will you say That a whole people that beast of many heads must they run Dominus l. 1. D. de dolo malo in a mutinous disorder to order the businesses of the Common-wealth What addresse or direction is there in an unruly and unbridled multitude what counsell or wisdome to manage the affaires of State When we speak of all the people we understand by that only What is to be understood by this word people those which hold their authority from the people to wit the Magistrates which are inferiour to the King and whom the people hath substituted or established as it were Consorts in the Empire and with a kind of Tribunitiall authority to restrain the encroachments of Sovereignty and to represent the whole body of the people We understand also the Assembly of the Estates which is nothing else but an Epitomy or briefe collection of the Kingdome to whom all publique affaires have speciall and absolute reference such were the Seventy Ancients in the Kingdome of Israel amongst whom the High Priest was as it were president and they judged all matters of greatest importance those seventy being first chosen by six out of each Tribe which came out of the land of Egypt then the Heads or Governors of Provinces In like manner the Judges and Provosts of Towns the Captains of thousands the Centurions and others which commanded over Families the most valiant noble and otherwaies notable personages of whom was composed the body of the States assembled divers times as it plainly appears by the words of the holy Scripture At the election of the first King which was Saul all the Ancients of Israel assembled together at 1 Sam. 1. 4. Rama In like manner and all Israel was assembled or all Judah and Benjamin c. Now it is no way probable that all the people one by one met together there Of this ranck there are in every well governd Kingdom the Princes the Officers of the Crown the Peers the greatest and most notable Lords the Deputies of Provinces of whom the ordinary body of the Estate is composed or the Parliament or the Diet or other Assembly according to the different names used in divers Countries of the world in which Assemblies the principall care is had both for the preventing and reforming either of disorder or detriment in Church or Common-wealth For as the Counsels of Basil and Constance have decreed and well decreed that the universal Councel is in Authoritie above the Bishop of Rome As in like manner the whole Chapter may over-rule the Bishop the Vniversitie the Rector the Court the President Briefly he whosoever he is that hath received authoritie from a Company is inferior ro that whole company although he be superior to any of the particular Members of it Also is it without any scruple or doubt that Israel which demanded and established a King as Governor of the Publick must needs be above Saul established at their request and for Israels sake as it shall be more fully proved hereafter And for so much as an orderly proceeding is necessarily required in all affairs discreetly addressed and that it is not so probably hopefull that order shall be observed amongst so great a number of people yea and that there oftentimes occurs occasions which may not be communicated to a multitude without manifest danger of the Common-wealth We say that all that which hath been spoken of priviledges granted and right committed to the people ought to be referred to the Officers and Deputies of the Kingdom and all that which hath been said of Israel is to be understood of the Princes and Elders of Israel to whom these things were granted and committed as the practice also hath verified The Queen Athalia after the death of her son Ahazia King of ● Chron. 23. Judah put to death all those of the royal bloud except little Joas which being yet in the cradle was preserved by the piety and wisedome of his Aunt Iehoshabeah Athalia possesseth her self of the government and reigned six year over Judah It may well be the people murmured between their teeth and durst not by reason of danger express what they thought in their minds Finally Jehoida the High-Priest the husband of Jehoshabeah having secretly made a league and combination with the chief men of the Kingdom did anoint and Crown King his Nephew Joas being but seven year old And he did not content himself to drive the Queen-Mother from the royal Throne but he also put her to death and presently overthrew the Idolatry of Baal This deed of Jehoiada is approved and by good reason for he took on him the defence of a good Cause for he assailed the Tyranny and not the Kingdom The Tyranny Barto● de Tirann●d Deut. 17. 15. I say which had no Title as our modern Civilians speak For by no Law were women admitted to the government of the Kingdom of Judah Furthermore that Tyranny was in vigor and practice For Athalia had with unbounded mischief and cruelty invaded the Realme of her Nephews and in the administration of that Government committed infinite wickedness and which was the worst of all had cast off the service of the the living God to adore and compel others with her the Idol of Baal Therefore then was she justly punished and by him which had a lawful calling and authority to do it For Jehoida was not a private and particular person but the High-Priest to whom the knowledge of civil causes did then belong And besides he had for his Associats the principal men of the Kingdom the Levites and being himself the Kings kins-man and ally Now for so much as he assembled not the estates at Mizpah according to the accustomed manner he is not reproved for it neither for that he consulted and contrived the matter secretly for that if he had held any other manner of proceeding the business must probably have sailed in the execution and success Bartol in tract de Guelph Gibel A combination or conjuration is good or ill according as the end whereunto it is addressed is good or ill and perhaps also according as they are affected which are the managers of it We say then that the Princes of Judah have done well and that in following any other course they had failed of the right way For even as the guardian ought to take charge and care that the goods of his pupil fall not into losse and detriment and if he omit his duty therein he may be compelled to give an account thereof In like manner those to whose custody and tuition the people have committed themselves and whom they have constituted their Tutors and defenders ought to maintain them safe intire in all their rights and priviledges To be short as it is lawfull for a whole people to resist and oppose Tyranny Vlp. l. 260. D. de reg ●●ui so likewise the principal persons of the Kingdom may
as heads and for the good of the whole body confederate and associate themselves together and as in a publick State that which is done by the greatest part is esteemed and taken as the act of all so in like manner must it be said to be done which the better part of the most principal have acted briefly that all the people had their hand in it But here presents it self another question the which deserves to Whether part of a Kingdom may make resistance be considered and amply debated in regard of the circumstance of time Let us put the case that a King seeking to abolish the Law of God or ruine the Church that all the people or the greatest part yeild their consents that all the Princes or the greatest number of them make no reckoniug and notwithstanding a small handfull of people to wit some of the Princes and Magistrates desire to preserve the Law of God entirely and inviolably and to serve the Lord purely what may it be lawfull for them to do if the King seek to compel those men to be Idolaters ot will take from them the exercise of true religion We speak not here of private and particular persons considered one by one and which in that manner are not held as parts of the entire body As the planks the nails the pegs are no part of the Ship neither the stones the rafters nor the rubbish are any part of the house but we speak of some Town or Province which makes a portion of a Kingdom as the prow the poop the keel and other parts make a Ship the foundation the roof and the walls make a house We speak also of the Magistrate which governs such a Citie or Province If we must make our defence with producing of examples although we have not many ready by reason of the backwardness and carelesness of men when there is question to maintain the service of God notwithstanding we have some few to be examined and received according as they deserve Libna a Town of the Priests withdrew it Iohn 21 13. 1 Chron. 6. 17. 2 Chron. 21. 10. self from the obedience of Joram King of Judah and left that Prince because he had abandoned the God of his Fathers whom those of that Town would serve and it may be they feared also lest in the end they should be compelled to sacrifice to Baal In like manner when that the King Antiochus commanded that all the Jews should imbrace his religion and should forsake that which the God Almighty had taught them Mattathias answered we will not 1 Mac 1. 43. 2. 22. 3. 43. obey nor will we do any thing contrary to our religion neither did he only speak but also being transported with the zeal of Phineas he killed with his own hands a Jew which constrained his fellow Citizens to sacrifice to Idols then he took arms and retired into the mountain gathered troups and made war against Antiochu for Religion and for his Countrie with such success that he regained Ierusalem brok and brought to nothing the power of the Pagans which they had gathered to ruine the Church and then re-established the pure service of God If we will know who this Matthias was he was the Father of the Machabees of the Tribe of Levi insomuch as it was not lawfull for him according to the received custome and right of his race to restore the Kingdom by arms from the Tyranny of Antiochus His followers were such as fled to the mountains together with the inhabitants of Modin to whom had adjoyned themselves divers neighboring Jews and other fugitives from sundry quarters of Iudeah all which solicitously desired the re-establishment of the Church Almost all the rest yea the principals obeyed Antiochus and that after the rout of his army and his own miserable death Although there were then a fair 1 Mac. 6. 21. c. occasion to shake off his yoke yet the Jewes sought to the sonne of Antiochus and intreated him to take on him the Kingdom promising him fidelity and obedience I might here produce the example of Debora The Lord God had subjected Israel to Iabin King of Canaan and they had remained in this servitude the space of twenty years which might seem in some sort to have gained a right by prescription over the Kingdom and together also that almost all Israel followed after strange gods The principal and most powerful Tribes to wit Reuben Ephraim Benjamin Dan Asher and some others adhered wholly to Iabin Yet notwithstanding the Prophetess Debora which judged Israel caused the Tribes of Zebulon Nephthalie and Issachar or at the lest some of all those Tribes to take arms under the conduct of Barac and they overthrew Sisera the Lieftenant of Iabin and delivered Israel which had no thought of liberty and was content to remain in bondage and having shaken off the yoke of Canaaniets they re-established the pure service of the living God But for so much as Debora seems to have an extraordinary vocation and that the Scripture doth not approve in expresse terms the doings of them of Libna although that in not disallowing of their proceedings it may seem in some sort to allow them and for that the History of the Machabees hath had no great authoritie in the ancient Church and for that it is comonly held that an assertion must be proved by laws and testimonies not by examples let us examine by the effect what we ought to judge according to the right of the matter now in question We have formerly said that the King did swear to keep the Law of God and promise to the uttermost of his power to maintain the Church that the people of Israel considered in one body covenanting by the High-Priest made the same promise to God Now at this present we say that all the Towns and all the Magistrates of these Towns which be parts and portions of the Kingdom promise each of them in his own behalf and in express terms the which all Towns and Christian Communalties have also done although it have been but with a tacite consent Ioshua being Iosuah ●4 very old and near to his death assembled all Israel at Sichem in the presence of God to wit before the Ark of the Covenant which was there It is said that the Antients of the people the Heads of the Tribe the Judges and Governors and all which had any publick command in the Towns of Israel met together there where they swore to observe and keep the Law of the Lord. and did willingly put on the yoke of the Almighty God whereby it appears that these Magistrates did oblige themselves in the names of their Towns and Communalties which did send them to take order that God should be served throughout the whole Countrie according as he had revealed in his Law And Joshuah for his part having passed this contract of agreement between God and the people and inregistred the whole
by his humble and ardent prayers to God to desire the restoring of the Church So likewise are the Magistrates tied diligently to procure the same with the utmost of their power and meanes which God hath put into their hands For the Church of Ephesus is no other than that of Colossus but these two are portions of the universall Church which is the kingdome of Christ the encrease and prosperity whereof ought to be the continuall subject of all private mens prayers and desires but it is the duty of all Kings Princes and Magistrates not only to amplifie and extend the limits and bounds of the Church in all places but only to preserve and defend it against all men whatsoever Wherefore there was but one Temple in Judea built by Solomon which represented the unitie of the Church And therefore ridiculous and worthy of punishment were that Church-warden which had care onely of some small part of the Church and suffered all the rest to be spoiled with raine and weather In like manner all Christian Kings when they receive the sword on the day of their Coronation solemnly sweare to maintaine the Catholick or universall Church and the ceremony then used doth fully expresse it for holding the sword in their hands they turne to the East West North and South and brandish it to the end that it may be knowne that no part of the world is excepted As by this ceremony they assume the protection of the Church it must be questionlesse understood of the true Church and not of the false therefore ought they to imploy the utmost of their abilitie to reforme and wholly to restore that which they hold to be the pure and truely Christian Church to wit ordered and governed according to the direction of the Word of God That this was the practise of godly Princes we have their examples to instruct us In the time of Ezechias King of Juda the Kingdome of Israel had been a long time 2 Chron 30. before in subjection to the Assyrians to wit ever since the King Osea his time And therefore if the Church of Juda onely and not the whole universall Church had been committed to the custodie of Exechias and if in the preservation of the Church the same course were to be held as in the dividing of lands and imposing of tributes then questionlesse Ezechias would have contained himselfe within his own limits especially then when the exorbitant power of the Assyrians lorded it every where Now wee reade that he sent expresse Messengers throughout Israel to wit to the subjects of the King of Assyria to invite them to come to Jerusalem to celebrate the paschall feast yea and he ayded the faithfull Israelites of the tribes of Ephraim and Manasses and others the subjects of the Assyrians to ruine the high places which were in their quarters Wee reade also that the good King Josias expeld Idolatry no● 2 Kings 22. 2 Chron. 34. 35. onely out of his own Kingdome but also even out of the Kingdome of Israel which was then wholly in subjection to the King of Assyria And no marvell for where the glory of God and the kingdome of Christ are in question there no bounds or limits can confine the zeale and fervent affection of pious and godly Princes Though the opposition be great and the power of the oppos●rs greater yet the more they feare God the lesse they will feare men These generous examples of divers godly Princes have since been imitated by sundry Christian Kings by whose meanes the Church which was heretofore restrained within the narrow limits of Palestine hath been since dilated throughout the universall world Constantine and Licinius governed the Empire together the one in the Orient the other in the Occident they were associates of equall power and authoritie And amongst equalls as the Proverb is there is no Par in parem non babet imperium command Notwithstanding because Licinius doth every where banish torment and put to death the Christians and amongst them divers of the nobilitie and that for and under pretence of Religion Constantine makes warre against him and by force compels him to give free libertie of Religion to the Christians and because he broke his faith and relapsed into his former cruelties he caused him to be apprehended and put to death in the Citie of Thessalonica This Emperours pietie was with so great an applause celebrated by the Divines of those times that they suppose that saying in the Prophet Isaiah to be meant by him That Kings shall be Pastors and nursing Fathers of the Church After his death the Roman Empire was divided equally between his sonnes without advantaging the one more than the other Constans favoured the orthodox Christians Constantius being the elder learned to the Arrians and for that cause banished the learned Athanasius from Alexandria the greatest professed adversary of the Arrians Certianly if any consideration in matter of confines be absolutely requisite it must needs be amongst brethren And notwithstanding Constant threatens to warre on his brother if he restore not Athanasius and had without doubt performed it if the other had long deserred the accomplishment of his desire And if he proceeded so farre for the restitution of one Bishop had it not been much more likely and reasonable for him to have assisted a good part of the people if they implored his ayde against the tyranny of those that refused them the exercise of their Religion under the authoritie of their Magistrates and Governours So at the perswasion of Atticus the Sozo lib. 7. cap. 18. Bishop Theodisius made warre on Cosroes King of Persia to deliver the Christians of his Kingdome from persecution although they were but particular and private persons Which certainly those most just Princes who instituted so many worthy Lawes and had so great and speciall care of justice would not have done if by that fact they had supposed any thing were usurpt on another mans right o●●he Law of Nations violated But to what end were so many expeditions undertaken by Christian Princes into the holy Land against the Saracens Wherefore were demanded and raised so many of those Saladine tenths To what purpose were so many confederacies made and croysadoes proclaimed against the Turkes if it were not lawfull for Christian Princes yea those furthest remote to deliver the Church of God from the oppression of tyrants and to free captive Christians from under the yoke of bondage What were the motives that led them to those warres What were the reasons that urged them to undergoe those dangers But onely in regard of the Churches union Christ summond every man from all parts with a unanimous consent to undertake the defence thereof For all men are bound to repulse common dangers with a joynt and common opposition all which have a naturall consent and relation with this wee now treat of If this were lawfull for them against Mahomet and not onely lawfull but