for an ornament and desence of the publick State They have also the example of our Lord and Saviour Jesus Christ who though he were King of Kings notwithstanding because he conversed in this world in another quality to wit o a private and particular man paid willingly tribute If the Magistrates themselves manifestly favour the tyranny or at the least doe not formally oppose it let private men remember the saying of Job That for the sinnes of the people God permits bypocrites Iob. 34. to reigne whom it is impossible either to convert or subvert if men repent not of their wayes to walk in obedience to Gods commandments so that there is no other weapons to be used but bended knees and humble hearts Briefly let them bear with bad princes and pray for better perswading themselves that an outragious tyranny is to be supported as patiently as some exceeding dammage done by the violence of tempests or some excessive over-flowing waters or some such naturall accidents unto the fruits of the earth if they like not better to change their habitations by retiring themselves into some other countries So David fled into the mountaines and attempted nothing against the Tyrant Saul because the people had not declared him any publick Magistrate of the Kingdome Jesus Christ whose kingdome was not of this world fled into Egypt and so freed himselfe from the pawes of the Tyrant Saint Paul teaching of the duty of particular Christian men and not Rom. 13. of Magistrates teacheth that Nero must be obeyed But if all the principall Officers of State or divers of them or but one endeavour to suppresse a manifest tyranny or if a Magistrate seek to free that province or portion of the kingdome from oppression which is committed to his care and custody provided under colour of freedome he bring not in a new tyranny then must all men with joynt courage and alacrity run to Armes and take part with him or them and assist with body and goods as if God himselfe from heaven had proclaimed warres and meant to joyn battell against tyrants and by all wayes and means endevour to deliver their Counâ—rey and Common-wealth from their tyrannous oppression For as God doth oftentimes chastise a people by the cruelty of tyrants so also doth he many times punish tyrants by the hands of the people It being a most true saying Ecclus 10. verified in all ages For the iniquities violences and wickednesses of Princes Kingdomes are translated from one Nation to another but tyranny was never of any durable continuance The Centurians and men at armes did freely and couragiously execute the commandments of the High Priest Jehoiada in suppressing the tyranny of Athalia In like manner all the faithfull and generous Israelites tooke part and joyned with the Machabites as well to re-establish the true service of God as also to free and deliver the State from the wicked and unjust oppression of Antiochus and God blessed with happy successe their just and commendable enterprize What then cannot God when he pleaseth stirre up particular and private persons to ruine a mighty and powerfull tyranny Hee that gives power and ability to some even out of the dust without any title or colourable pretext of lawfull authority to rise to the height of rule and dominion and in it tyrannize and afflict the people for their transgressions cannot he also even from the meanest multitude raise a liberator Hee which enthral'd and subjected the people of Israel to Jabin and to Eglon did hee not deliver enfranchise them by the hand of Ebud Barac and Debora whilst the Magistrates Officers were dead in a dul negligent extasie of security What then shall hinder you may say the same God who in these dayes sends us Tyrants to correct us that he may not also extraordinarily send correctors of tyrants to deliver us What if Adab cut off good men if Jezabel subborn false witnesses against Naboth may not a Jehu be rais'd to exterminate the whole line of Arab to revenge the death of Naboth and to cast the body of Jezabel to be torne and devoured of dogs Certainly as I have formerly answered the Almighty is ever mindfull of his justice and maintains it as inviolably as his mercy But for as much as in these latter times those miraculous testimonies by which God was wont to confirme the extraordinary vocation of those famous Worthies are now wanting for the most part let the people be advis'd that in seeking to crosse the Sea dry foote they take not some Impostor for their guide that may lead them head-long to destruction as we may read happened to the Jewes and that in seeking freedome from tyranny he that was the principall instrument to dis-inthrall them became not himselfe a more insupportable Tyrant than the former briefly lest endeavouring to advantage the Common-wealth they introduce not a common misery upon all the undertakers participating therein with divers States of Italy who seeking to suppresse the present evill added an accession of greater and more intollerable servitude Finally that we may come to some period of this third question Princes are chosen by God and establisht by the people As all particulars considered one by one are inferiour to the Prince so the whole body of the people and Officers of State which represent that body are the Princes superiours In the receiving and inauguration of a Prince there are Covenants and contracts passed between him and the people which are tacite and expressed naturall or civill to wit to obey him faithfully whilst he commands justly that he serving the Common-wealth all men shal serve him that whilst he governs according to law all shall be submitted to his government c. The Officers of the Kingdome are the Guardians and Protectors of these Covenants and contracts He that maliciously or wilfully violates these conditions is questionlesse a Tyrant by practice And therefore the Officers of State may judge him according to the lawes and if he support his tyranny by strong hands their duty bindes them when by no other meanes it can be effected by force of armes to suppresse him Of these Officers there be two kindes those which have generally undertaken the protection of the Kingdome as the Constable Marshalls Peers Palatines and the rest every one of which although all the rest doe either connive or consort with the tyranny are bound to oppose and represse the Tyrant and those which have undertaken the government of any Province Citie or part of the Kingdome as Dukes Marquesses Earles Consuls Mayors Sheriffes c. they may according to right expell and drive tyranny and Tyrants from their Cities Confines and governments But particular and private persons may not unsheath the sword against Tyrants by practise because they were not establisht by particulars but by the whole body of the people But for Tyrants which without title intrude themselves for so much as there is no contract or agreement
torment and persecute him in his members No certainly the Jewâ—â— hold him an imposter the Ethnick a malefactor the Turks an Infidell the others an heretick insomuch as if we consider the intention of these men as the censuring of all offences ought to have principall relation thereunto we cannot conclude that it is properly Christ that they persecute with such hatred but some criminal person which in theâ—r opinion deserves this usage But they doe truly and properly persecute and crucifie Christ Jesus which professe to acknowledge him for the Messias God and Redeemer of the world and which notwithstanding fail to free him from persecution and vexation in his members when it is in their power to do it Briefly he which omâ—ts to deliver his neighbour from the hands of the murderer when he sees him in evident danger of his life is questionlesse guilty of the murther as well as the murtherer For seeing he neglected when he had means to preserve his life it must needs necessarily follow Aug. in Psa 32 Amb. lib. 1. dc Offic. Gratian in Decret that he desireth his death And in all crimes the will and intendment ought principally to be regarded But questionlesse these Christian princes which do not releive and assist the true professors which suffer for true religion are much more guilty of murther than any other because they might deliver from danger an infinite number of people which for want of timely succours suffer death and torments under the cruel hands of their persecuters and to this may be added that to suffer ones brother to be murthered is a greater offence than if he were a stranger Nay I wi say further those forsakers of their brethren in their time of danger distresse are more vile and more to be abhorred than the tyrants themselves that persecute them For it is much more wicked and worthy of greater punishment to kill an honest man that is innocent feaâ—ing God as those which consent with them in the faith must of necessity know the true professors to be than a thiefe an imposter a magician or an heretick as those which persecute the true Christians do commonly beleeve them to be it is a greater offence by many degrees to strive with God than man Briefly in one and the same action it is a much more grievous crime persidiously to betray than ignorantly to offend But may the same also be said of them which refuse to assist those that are oppressed by tyranny or defend the liberty of the Common-wealth agaiâ—st the oppression of tyrants For in this case the conjunction or confederacy seemes not to be of so strict a condition between the one and the other here we speak of the Common-wealth diversly governed according to the customes of the countries and particularly recommended to thesâ— here or those there and not of the Church of God which is composed of all and recommended to all in generall and to every one in particular The Jew saith our Saviour Christ is not onâ—ly neighbour to the Jew but also to the Samaritan and to every other man But we ought to love our neighbour as our selves and therefore an Israelite is not onely bound to deliver an Israelite from the hands of theeves if it be in his power but every stranger also yea though unknown iâ— he will righely discharge his duty neither let him dispute whether it be lawfull to defend another which beleeve he may justly defend himself For it is much more just if we truly consider the concomitants to deliver from danger and outrage another than ones selfe seeing that what is done for pure charity is more right and allowable than that which is executed for colour or desire of revenge or by any other transport of passion in revenging our own wrongs we never keep a mean whereas in other mens though much greater the most intemperate will easily observe moderation Furthermore the heathens themselves may teach us what humane society and what the law of nature requires of us in this busines wherefore Cicero sayes That Nature being the common mother of mankind prescribes and ordaines 〈…〉 3. Offic. that every man endevour and procure the good of another whatsoever be be onely because he is a man otherwise all bonds of society yea and mankinde it self must needs goe to ruine And therefore as Justice built on these two Basis or pillars First that none be wronged secondly that good be done to all if it be possible So also is there two sorts of injustice the first in those which offer injury to their neighbours the second in them which when they have meanes to deliver the oppressed doe notwithstanding suffer them to sink under the burthen of their wrongs For whosoever doth wrong to another either mov'd thereunto by anger or any other passion he may in a sort be truly said to lay violent hands on his companion but he which hath meanes and defends not the afflicted or to his power wards not the blowes that are struck at him is as much faulty as if he forsook his parents or his friends or his countrey in their distresse That which was done by the first may well be attributed to choler which is a short madnesse the fault committed by the other discovers a bad minde and a wicked purpose which are the perpetuall tormentors and tyrants of the conscience The fury of the first may be in some sort excused but the malice of the second admits no colour of defence Peradventure you will say I feare in aiding the one I shall doe wrong to the other And I answer You seek a Cloak of justice wherewith to cover your base remisnesse and if you lay your hand on your heart you will presently confesse that it is somewhat else and not justice that with holds you from performing your duty For as the same Cicero sayes in another place Either thou wilt not make the wrong-doer thine enemy or not take paines or not be at so much charge or else negligence sloth or the hindering of thine own occasions or the crossing of other purposes takes thee off from the defence of those who otherwise thou art bound to relieve Now in saying thou onely attends thine own affaires fearing to wrong another thou fallest into another kind of injustice for thou abandonest humane society in that thou wile not afford any endeavour either of mind body or goods for the necessary preservation thereof Read the Directions of the heathen Philosophers and Politicians who have written more divinely herein than many Christians in these dayes From hence also proceeds that the Roman law designes punishment to the neighbour which will not deliver the slave from the outragious fury of his master Amongst the Aegyptians if any man had seene another assail'd Diodor. Siculus l. 2. c. 2. and distress'd by thieves and robbers and did not according to his power presently aid him he was adjudgd worthy of death if at the least he
Vindiciae 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 whom 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 for the cause of true Religion or oppressed by manifest tyranny LONDON Printed by Matthew Simmons and Robert Ibbitson in Smithfield neer the Queens-head Tavern 1648. THE Emperors Theodosias and Valentinian TO VOLVSIANVS Great Provost of the Empire IT is a thing well-becomming the Majesty of an Emperour to acknowledge himself bound to obey the Laws Our authority depending on the authority of the Laws and in very deed to submit the principallity to Law is a greater thing then to beare rule We therfore make it known unto all men by the Declaration of this our Edict that Wee doe not allow Our selves or repute it lawfull to doe any thing contrary to this Justine in the second Book speaks thus of Lycargns Law-giver to the Lacedemonians He gave Laws to the Spartans which had not any and was as much renowned for his diligent observing of them himself as for his discreet Inventing of them For he made no Laws for others to the obedience whereof he did not first submit himself Fashioning the people to obey willingly and the Prince to Govern uprightly The first Question Whether Subjects are bound and ought to obey Printes if they command that which is against the Law of God THIS question happily may seeme at the first view to be altogether superfluous and unprofitable for that it seems to make a doubt of an axiome allways held infallible amongst Christians confirmed by many testimonies in Holy Scripture divers examples of the histories of all ages and by the death of all the Holy Martyrs for it may be well demanded wherefore Christians have endured so many afflictions but that they were alwayes perswaded that God must be obeyed simply and absolutly and Kings with this exception that they command not that which is repugnant to the law of God Otherways wherfore should the Apostles have answered that God must rather be obeyed than men and also Act. 4. 19. seeing that the only wil of God is always just and that of men may be and is oftentimes unjust who can doubt but that we must always obey Gods commandements without any exception and mens ever with limitation But for so much as there are many Princes in these days calling themselves Christians which arrogantly assumes an unlimited power over which God himselfe hath no command and that they have no want of flatterers which adore them as Gods upon earth many others also which for feare or by constraint either seem or else do beleeve that Princes ought to be obeyed in all things and by all men And withall seeing the unhappines of these times is such that there is nothing so firme certain or pure which is not shaken disgraced or polluted I feare me that whosoever shall neerly and throughly consider these things will confesse this question to be not only most profitable but also the times considered most necessary For my owne part when I consider the cause of the many calamities wherewith Christendome hath been afflicted for these late yeares I cannot but remember that of the Prophet Hosea The Princes of Judah were like them Hos 5. 10. 11. that remove the bounds wherefore I will power out my self like water Ephraim is oppressed and broken in judgement because he willingly walked after the Commandement Here you see the sin of the Princes and people dispersed in these two words 〈◊〉 〈◊〉 The Princes exceed their bounds not contenting themselves with that authority which the Almighty and all good God hath given them but seeke to usurpe that sovereignty which he hath reserved to himselfe over all men being not content to command the bodys and goods of their Subjects at their pleasure but assume licence to themselves to inforce the Consciences which appertaines chiefly to Jesus Christ holding the earth not great enough for their ambition they will climbe and conquor heaven it selfe The people on the other side walkes after the commandement when they yeeld to the desire of Princes who command them that which is against the law of God and as it were burn incense to and adore these earthy Gods and instead of resisting them if they have means and occasion suffer them to usurp the place of God making no conscience to give that to Caesar which belongs properly and only to God Now is there any man that sees not this if a man disobey a Prince commanding that which is wicked and unlawfull hee shall presently bee esteemed a Rebell a Traytor and guilty of High Treason our Saviour Christ the Apostles and all the Christians of the Primitive Church were charged with these Calumnies If any after the example of Ezra and Nehemiah dispose himselfe to the building of the Temple of the Ezra 4. Nehe. 5 7. Lord It wil be said he aspires to the Crowne hatches innovations and seeks the ruine of the State then you shall presently see a million of these Minnious and flatterers of Princes tickling their eares with an opinion that if they once suffer this Temple to be re-builded they may bid their Kingdome farewell and never look to raise impost or taxes on these men But what a madnesse is this There are no estates which ought to be esteemed firme and stable but those in whom the Temple of God is built and which are indeed the Temple it selfe and these we may truly call Kings which reigne with God seeing that it is by him only that Kings reign On the contrary what beastly foolishnesse is it to think that the State and Kingdome cannot subsist if God Almighty be not excluded and his Temple demolished From hence proceeds so many Tyrannous enterprises unhappy and tragick death of Kings and ruines of people If these Sicophants knew what difference there is between God and Caesar between the King of Kings and a simple King between the Lord and the Vassal and what tributs this Lord requires of his Subjects and what authority he gives to Kings over those his Subjects certainly so many Princes would not strive to trouble the Kingdome of God and we should not see some of them precipitated from their
the World hold a devided Empire with God himselfe Behold a discourse proper enough for that impudent Villaine Cleon the Sicophant of Alexander or for the poet Martiall which was not ashamed to call the Edicts of Domitian the Ordinances of the Lord God This discourse I say is worthy of that execrable Domitian who as Suetonius recites would be called God and Lord But altogether unworthy of the â—ares of a Christian-Prince and of the mouth of good Subjects that sentence of God almighty must always remaine irrevocably true I will not give my glory to any other that is no man shall have such absolute Isa 48. 11. authority but I will alwayes remaine sovereigne God doth not at any time disvest himselfe of his power he holds a Scepter in one hand to represse and quell the audatious boldnesse of those Princes which mutiny against him and in the other a ballance to controle those that administer not justice wiâ—h equity as they ought then these there cannot be expressed more psa 2. 9. Wisd 6 4. certaine markes of sovereigne command And if the Emperor in creating a King reserves alwayes to himselfe the imperiall soveraignty or a King as he of France in granting the government or possession of a Province to a stranger or if it be to his Brother or Son reserves always to himselfe appeales and the knowledg of such things as are the marks of royalty and sovereignty the which also are always understood of themselves to be excepted although they wer altogether omitted in the grant of investiture and fealty promised with much more reason should God have sovereign power and command over al Kings being his servants and Officers seeing wee reade in so many places of Scripture that he will call them to an account and punish them if they doe not faithfully discharge their duties Then therefore all Kings are the Vassals of the King of Kings invested into their Office by the sword which is the cognisance of their royall authority to the end that with the sword they maintaine the Law of God defend the good and punish the evill Even as we commonly see that he which is a sovereigne Lord puts his Vassals into possession of their fee by girding them with a sword delivering them a buckler and a standard with condition that they shall fight for them with those armes if occasion shall serve Now if we consider what is the duty of Vassalls we shall find that what may be said of them agrees properly to Kings The Vassall receives his fee of his Lord with right of justice and charge to serve him in 1 Sam. 8. and 9 20. his warres The King is established by the Lord God the King of Kings to the end he should administer justice to his people and defend them against all their enemies The Vassall receives law and conditions from his Sovereigne God commands the King to observe his laws and to have them always before his eyes promising that he and his successors shall possesse long the Kingdom if they be obedient and on the contrary rebellious to their Sovereigne King The Vassall obligeth that their reigne shall be of small continuance if they prove himselfe by Oath unto his Lord and sweares that he will be faithfull and obedient In like manner the King promiseth solemnly to command according to the expresse Law of God Deu. 17. 19. Briefly the Vassall looseth his fee if he commit fellony and by law forfeiteth all his priviledges In the like case the King looseth his Right and many times his Realme also if he dispise God if he complot with his enemies and if he commit fellony against that Royall Majesty this will appeare more clearely by the consideration of the Covenant which is contracted between God and the King for God does that honour to his servants to call them his confederats Now we reade of two sorts of Covenants at the Inaugurating of Kings the first betweene God the King and the People that the people might be the people of God The second between the King and the people that the people shall obey faithfully and the King command justly we will treat hereafter of the second and now speak of the first When King Joas was crowned we read that a Covenant was contracted between God the King and the People or as it is The Alliance between God and the Kings 2 King 11. 2 Chro. 23. 16. 2 king 23. said in another place between Jehojada the High-Priest all the People and the King That God should bee their Lord. In like-manner we read that Josias and all the people entred into Covenants with the Lord we may gather from these testimonies that in passing these Covenants the High-Priest did Covenant in the name of God in expresse termes that the King and the people should take order that God might be served purely and according to his will throughout the whole Kingdome of Juda that the King should so reigne that the people were suffered to serve God and held in obedience to his law That the people should so obey the King as their obedience should have principall relation to God It appeares by this that the King the people are joyntly bound by promise and did obleige themselves by solemn Oath to serve God before al things And indeed presently after they had sworn the Covenant Josias and Joas did ruine the Idolatry of Baal and re-established the pure service of God The principall poynts of the Covenants were cheifly these That the King himselfe and all the people should be carefull to honour and serve God according to his will revealed in his word which if they performed God would assist and preserve their estates as in doing the contrary he would abandon and exterminate them which doth plainly appeare Deut. 29. 30. 31. Deut. 31. 26. by the conferring of divers passages of holy writ Moses somewhat before his death propounds these conditions of Covenant to all the people and at the same time commands that the Law which be those precepts given by the Lord should be in deposito kept in the Arke of the Covenant After the decease Josh 1. of Moses Joshua was established Captaine and Conductor of the people of God and according as the Lord himselfe admonished if hee would have happy successe in his affaires he should not in any sort estrange himselfe from the Deut. â—7 2â— Jos 5. 24. Law Joshua also for his part desiring to make the Israelites understand upon what condition God had given them the Country of Canaan as soon as they were entred into it after due sacrifices performed he read the Law in the presence of all the people promising unto them in the Lords name all good things if they persisted in obedience and threatning of all evill if they wilfully connived in disobedience Sommarily he assures them all prosperity if they observed the Law as otherways he expresly declared that in doing the contrary they
c. shall remaine firme and never be annihilated The Lord said unto Pharaoh let my people goe that they may serve me and offer sacrifice unto me and for that this proud man answered that hee knew not the God of the Hebrews presently after he was miserably destroyed Dan. 3. 5. 4. 25. c. Nebuchadnezar commanded that his statue should be adored and would be honoured as God but within a short time the true God did deservedly chastise his unruly boldnesse and desiring to be accounted God he became a bruit beast wandring through desert places like a wild asse untill saith the Prophet that he acknowledged the God of Israel to be the Soveraigne Lord over Dan. 5. 2. all his sonne Belshaser abused the holy vessels of the Temple in Jerusalem and put them to serve his excesse and drunkennesse for that therefore he gave not glory to him that held in his hands both his soule and his counsels he lost his Kingdome and was slaine in that very night of his feasting Alexander the great took pleasure in the lies of his Flatterers who termed him the sonne of Jupiter and not only approv'd but pro-cur'd his adoration but a sudden death gave a sad period to those tryumphs being blinded through his excesse of conquests began with too much affection to delight in Antiochus under colour of pacifying and uniting his subjects commanded all men to forsake the Lawes of God and to apply 1 Macha 1. 43. themselves in obedience to his hee prophaned the Temple of the Jewes and polluted their Altars but after divers ruins defeats and losse of battels dispoyled and disgraced he dies with griefe confessing that he deservedly suffered those miseries because he would Mac. 6. 12. 13. have constrained the Jewes to leave their Religion If we take into our consideration the death of Nero that inhumane Butcherer of Christians whom he unjustly slandered with the fiering of Rome being the abhorred act of his detested selfe The end of Caligula which made himselfe to be adored of Domitian which would be called Lord and God of Commodus and divers others which would appropriate to themselves the honours due to God alone we shall find that they have all and alwayes according to their deceits miserably perished when on the contrary Trajan Adrian Antonius the courteous and others have finished their dayes in peace for although they knew not the true God yet have they permitted the Christians the exercise of their Religion Briefly even as those rebellious vassals which endeavour to possesse themselves of the Kingdome doe commit fellonie by the testimony of all Lawes and deserve to be extirpated in like manner those are as really guilty which will not observe the Divine Law whereunto all men without exception owe their obedience or which persecute those that desire to conforme themselves thereunto without hearing them in their just defences now for that we see that God invests Kings into their Kingdomes almost in the same manner that vassals are invested into their fees by their Soveraigne we must needs conclude that Kings are the vassals of God and deserve to be deprived of the benefit they receive from their Lord if they commit felony in the same fashion as rebellious vassals are of their estates These promises being allowed this question may be easily resolved for if God hold the place of Soveraign Lord and the King as vassall who dare deny but that we must rather obey the Soveraign then the vassall If God commands one thing and the King commands the contrary what is that proud man that would terme him a rebell which refuseth to obey the King when else he must disobey God But on the contrary he should rather be condemned and held for truly rebellious which omits to obey God or which will obey the King when hee forbids him to yeeld obedience to God Briefly if God call us on the one side to enrole us in his service and the King on the other is any man so void of reason as he will not say we must leave the King and apply our selves to Gods service so farre be it from us to beleeve that we are bound to obey a King commanding any thing contrary to the Law of God that centrally in obeying him we become Rebels to God no more no◠〈◊〉 then we would esteem a countrey man a Rebell which for the love he beares to some rich and ancient inferiour Lord would bear Arms against the Soveraigne Prince or which had rather obey the writs of an inferiour Judge then of a superiour the commandements of a Lieutenant of a Province then of the Prince to be briefe the directions of an officer rather then the expresse Ordinances of the King himselfe In doing this we justly incurre the Mich. 6. 16. malediction of the Prophet Micha which doth detest and curse in the name of God all those which obey the wicked and perverse Ordinances of Kings By the Law of God we understand the two Tables given to Moses in the which as in unremoveable bounds the authority of all Princes ought to be fixed The first comprehends that which we owe to God the second that which we must doe to our Neighbours briefly they containe piety and justice conjoyned with charity from which the preaching of the Gospel doth not derogate but rather authorise and confirme The first Table is esteemed There is a certain Politician of our time so detestable that he hath dared to condemne Papinian and to write in his books full of errors in matter of state that Papinian because he would not excuse the paracide of Caracalla did bring irreparable damages to the affairs of the Empire the principall as well in order as in dignity If the Prince commands to cut the throat of an innocent to pillage and commit extortion there is no man provided he have some feeling of conscience that would execute such a commandement If the Prince have committed some crime as Adultery Parricide or some other wickednesse behold amongst the Heathen the learned Lawyer Papinian which will reprove Caracalla to his face and had rather die then obey when his cruell Prince commands him to lie and palliate his offence nay although hee threaten him with a terrible death yet would he not beare false witnesse what shall we then doe if the Prince commands us to be Idolaters if he would have us againe crucifie Christ Jesus if he enjoyns to blaspheme and despite God and to drive him if it were possible out of Heaven is there not yet more reason to disobey him then to yeeld obedience to such extravagants commands Yet a little further seeing it is not sufficient to abstaine from evill but that we must do good instead of worshipping of Idols wee must adore and serve the true God according as he hath commanded us and instead of bending our knees before Baal we must render to the Lord the honor and service which he requires of us for
much as if the Rom 1. 35. Apostle had said that the obedience of which he speaks ought not to proceed for feare of punishment but from the love of God and from the reverence which we are bound to beare unto the word in the same sence Saint Paul enjoyneth servants in such manner to obey their Masters that it be not with eye service for feare of stripes but in singlenesse of heart fearing Col. 3. 22. God not simply to acquire the favour of men whom they may delude but to bear the burden laid on their shoulders by him whom no man can deceive In briefe there is manifest difference between these two manners of speech to obey for conscience sake and to obey in those thing which concerne the conscience otherwayes those which had much rather loose their lives with infinite torments then obey Princes which command them things contrary to the will of God would have taught us that which these seek to perswade us to Neither doe they expresse themselves Object 2 lesse impudent in that which they are accustomed to object to those which are not so well able to answer them That obedience is better than sacrifice for there is no Text in holy writ that doth more evidently confound them then this which is contained in Samuels reprehension of King Saul for 1 Sam. 15. 22. his disobedience to the Commandement of God in sacrificing unfittingly If then Saul although he were a King ought to obey God it follows in all good consequence that subjects are not bound to obey their King by offending of God Briefly those which after the barbarous manner of the men of Calcut seek to inthrall the service of God with a necessary dependance on the will of a mutable man and Religion of the good pleasure of the King as if he were some God on earth they doubles little value the testimony of holy Writ But let them at the least yet learn of a Heathen Orator That in every publique state Cicero in the first book of offic there is certain degrees of duty for those that converse and live in it by which may appear wherein the one are obliged to the other Insomuch that the first part of this duty belongs to the immortall God the second concerns the Country which is their common Mother the third those which are of our blood the other parts leading us step by step to our other Neighbours Now although the crime of High Treason be very heinous yet according l. 2. ad leg Jul. majest Digest to the Civilians it alwaies follows after sacriledge an offence which properly pertaines to the Lord God and his service insomuch that they do confidently affirm that the robbing of a Church is by their rules esteemed a greater crime than to conspire against the life of a Prince Thus much for this first Question wherein we perswade our selves that any man may receive satisfaction if he be not utterly voyd of the fear of God The second Question Whether it be lawfull to resist a Prince which doth infringe the Law of God or ruine his Church by whom how and how far it is lawfull THis Question seems at the first view to be of a high and difficult nature for so much as there being small occasion to speak to Princes that fear God On the contrary there will be much danger to trouble the ears of those which acknowledge no other Sovereign but themselves for which reason few or none have medled with it and if any have at all touched it it hath been but as it were in passing by The Question is If it be lawfull to resist a Prince violating the Law of God or ruinating the Church or hindring the restoring of it If we hold our selves to the tenure of the holy Scripture it will resolve us For if in this case it have been lawfull to the Jewish people the which may be easily gathered from the books of the Old Testament yea if it have been injoyned them I beleeve it will not be denyed that the same must be allowed to the whole people of any Christian Kingdom or Country whatsoever In the first place it must be considered that God having chosen Israel from amongst all the Nations of the Earth to be a peculiar people to him and covenanted with them that they should be the people of God This is written in divers places of Douteronomy the substance and tenor of Deut. 7. 6. 14. 2. this alliance was That all should be carefull in their severall lines tribes and families in the land of Canaan to serve God purely who would have a Church established amongst them for ever which may be drawn from the testimony of divers places namely that which is contained in the 27 Chap. of Deuteronomy there Moses and the Levites covenanting as in the name of God assembled all the people and said unto them This day Oh Israel art thou become the people of God obey you therfore his voyce c. And Moses said when thou hast passed the River of Jordan thou shalt set six Tribes on the mountain of Gerizzim on the one side and the six other on the Mountain of Eball and then the Levites shall read the Law of God promising the observers all felicity and threatning woe and destruction to the breakers thereof and all the people shall answer Amen The which was afterwards performed by Joshua at his entring into the Land of Canaan and some few days before his death We see by this that all the people is bound to maintain the law of Jos 5. 24. 24. 20. c. God to perfect his Church and on the contrary to exterminate the Idols of the land of Canaan a Covenant which can no wayes appertain to particulars but only to the whole body of the people To which also it seems the incamping of all the Tribes round about the Ark of the Lord to have reference to the end that all should look to preservation of that which was committed to the custody of all Now for the use and practise of this Covenant wee may produce examples the Inhabitants of Gabaa of the Tribe of Benjamin ravished the wife of a Levite which died through their violence Judg. 19 20. The Levite divided his wife into twelve peeces and sent them to the twelve Tribes to the end that all the people together might wipe away this so horrible a crime committed in Israel All the people met together at Mizpah and required the Benjamites to deliver to be punished those that were culpable of this enormious crime which they refused to performe wherefore with the allowance of God himselfe the states of the people with an universall consent renounce and make war against the Benjamites and by this means the authority of the second Table of the Law was maintained by the detriment and ruine of one entire Tribe which had broken it in one of the precepts For the first we have
his own sinne That overthrow then did it not proceed for that the people opposed not Saul when he violated the Law of God but applauded that miserable Prince when he wickedly persecuted the best men as David and the Priests of the Lord. Amongst many other examples let us onely produce some few The same Saul to enlarge the possessions of the tribe of Iuda broke the publick faith granted to the Gibeonites at the first entry of the people into the land of Canaan Sam. 21. 1. and put to death as many of the Gibeonites as hee could come by By this execution Saul did break the third Commandement for God had been called to witnesse this agreement and the sixt also in so much as he murthered the innocent he ought to have maintained the authority of the two Tables of the Law and thereupon it is said that Saul and his house have committed this wickednesse In the mean time after the death of Saul and David being established King the Lord being demanded made answer that it was already the third yeare that the whole countrey of Israel was afflicted with famine because of this cruelty and the hand of the Lord ceased not to strike untill that seven men of the house of Saul were given to the Gibeonites who put them to death seeing L. crimen 26. D. de paeâ—is that every one ought to bear his own burden and that no man is esteemed the inheritor of anothers crime wherefore they say that all the whole people of Israel deserves to be punished for Saul who was already dead and had as it might seem that controversie buried in the same grave with him but only in regard that the people neglected to oppose a mischiefe so publick and apparent although they ought and might have done it Think you it reason L. Sancimus c. de paenis not any be punished unlesse they deserve it And in what hath the people here fayled but in suffering the offence of their King In like manner when David commanded Ioab and the Governors of 1 Sam. 24. 2. 2 Chron. 21. 2. Israel to number the people he is taxed to have committed a great fault for even as Israel provoked the anger of God in demanding a King one in whose wisdom they seemed to repose their safety even so David did much forget himselfe in hoping for victory through the multitude of his subjects for so much as that is properly Abacuc 1. 16. according to the saying of the Prophet to sacrifice unto their net and burn incense unto their drag a kind of abominable Idolatry for the Governors they seeing that it would draw evill on the people a little drew back at the first afterwards as it were to be rid of the importunity they made the enrolement in the mean season all the people are punished and not David alone but also the ancients of Israel which represented the whole body of the people put on sack-cloath and ashes the which notwithstanding was not done nor practised when David committed those horrible sinnes of murther and adultery Who sees not in this last act that all had sinned and that all should repent and finally that all were chastised to wit David that had provoked God by so wicked a commandement the Governors as Peers and Assessors of the Kingdome ought in the name of all Israel to have opposed the King by their connivencie and over weak resistance and all the people also which made their appearance to be enroled God in this respect did like a chiefe Commander or Generall of an army he chastised the offence of the whole camp by a sudden alarum given to all and by the exemplary punishments of some particulars to keep all the rest in better awe and order But tell me wherefore 2 King 24. 4. 2 Chron. 33. 10. Ier. 15. 4. after that the King Manasses had polluted the Temple at Ierusalem doe we read that God not only taxed Manasses but all the people also was it not to advertise Israel one of the sureties that if they keep not the King within the limits of his duty they should all smart for it for what meant the Prophet Ieremy to say the house of Iuda is in subjection to the Assirians because of the impiety and cruelty of Manasses but that they were guilty of all his offences because they made no resistance wherefore S. Austin S. August upon Psal 82. Ambro. in offic and S. Ambrose said Herod and Pilat condemned Jesus Christ the Priests delivered him to be crucified the people seem to have some compassion notwithstanding all are punished and wherefore so for so much as they are all guilty of his death in that they did not deliver him out of the hands of those wicked Judges and Governors there must also be added to this many other proofes drawne from divers Authors for the further explication of this point were it not that the testimonies of holy Scripture ought to suffice Christians Furthermore in so much as it is the duty of a good Magistrate rather to endeavour to hinder and prevent a mischiefe then to chastise the delinquents after the offence is committed as good Physicians that prescribe a diet to allay and prevent diseases as wel as medicines to cure them In like manner a people truly affected to true religion will not simply consent themselves to reprove and represse a Prince that would abolish the Law of God but also will have speciall regard that through malice and wickednesse he innovate nothing that may hurt the same or that in tract of time may corrupt the pure service of God and instead of supporting publick offences committed against the divine Majesty thay will take away all occasions wherewith the offenders might cover their faults wee read that to have been practised by all Israel by a decree of Parliament in the assembly of the whole people to remonstrate to those beyond Iordan touching the Altar they had builded and by the King Ezechias which caused the brasen Serpent to be broken It is then lawfull for Israel to resist the King which would overthrow the Law of God and abolish his Church and not only so but also they ought to know that in neglecting to performe this duty they make themselves culpable of the same crime and shall beare the like punishment with their King If their assaults be verball their defence must be likewise verball if the sword be drawn against them they may also take armes and fight either with tongue or hand as occasion is yea if they be August in Josh 23. q. 2. assailed by surprisalls they may make use both of ambuscadces and countermines there being no rule in lawfull war that directs them for the manner whether it be by open assailing their enemy or by close surprising provided alwayes that they carefully distinguish between advantagious stratagems and perfidious Treason which is alwayes unlawfull But I see well here will be an
spirit only to wit the word of God wherewith St. Paul armes all Christians against the assaults of the Ephes 6. 17. Divell what shall then private men do if the King will constraine them to serve Idolls If the Magistrates into whose hands the people hath consigned their authority or if the Magistrates of the place where these particulers dwell do oppose these proceedings of the King let them in Gods name obey their leaders and imploy all their meanes as in the service of God to ayd the holy and commendable enterprises of those which oppose themselves lawfully against his wicked intention Amongst others they have the examples of the Centurions and men at armes which readily and cheerfully obeyed the Princes of Iuda who stirred up by Iehoydas purged the Church from all prophanation delivered the Kingdom from the tyranny of Athiliah But if the Princes and Magistrates approve the courses of an outragious and irreligious Prince or if they do not resist him we must lend our eares to the Councell of Jesus Christ to wit to retire Mat. 10. 23. our selves into some other place we have the example of the faithfull mixed amongst the 10. Tribes of Israel who seeing the true service of God abolished by Ieroboam and that none made any accompt of it they retired 2 Chron. 11. 13. 15. 9. Heb. 6. 6. Mat. 10. 28. Exod. 12. c. Iud. 3. 16. 2 Kings 9. themselves into the territories of Iuda where Religion remained in her purity let us rather forsake our livelihoods and lives then God let us rather be crucified our selves then crucifie the Lord of life feare not them saith the Lord which can only kill the body He himselfe his Apostles and an infinite number of Christian martirs have taught us this by their examples shall it not then be permitted to any private person to resist by Armes what shall we say of Moses which lead Israel away in despite of King Pharoah And of Ehua which after 10. years servitude when Israel might seeme to belong by right of prescription to him which held the possession thereof he killed Eglon the King of Moab and delivered Israel from the yoak of the Moabites and of Iohu which put to death his Lord the King Ioram exterpated the race of Ahab and distroyed the Priests of Baall were not these particulers I answer that if they be considered in themselves they may well be accounted particuler persons insomuch as they had not any ordinary vocation But seeing that we know that they were called extraordinarily and that God himselfe hath if we may so speak put his sword into their hands be it far from us to account them particuler or private persons but rather let us esteeme them by many degrees excelling any ordinary Magistrates whatsoever The calling of Moses is approved by the expresse word of God and by most evident miracles it is said of Ehud that God stirred him up to kill the Tyrant and deliver Israel for Iehu he was anointed by the Commandement of the Prophet Elizeus for to roote out the race of Ahab besides that the principall men saluted him King before he executed any thing There may as much be said of all the rest whose examples are propounded in holy writ But where God Almighty doth not speak with his own mouth nor extraordinarily by his Prophets it is there that we ought to be exceeding cautious and to stand upon our guards for if any supposing he is inspired by the Holy-Ghost do attribute to himselfe the before mentioned authority I would intreat him to looke that he be not puffed up with vaine glory and least he make not a God to himselfe of his own fancy and sacrifice to his own inventions let him not then be conceived with vanity least instead of fruite he bring forth deluding lies Let the people also be advised on their parts least in desiring to fight under the Banner of Jesus Christ they run not to their own confusion to follow the Army of some Gallilean Thendas or of Barcezha as it happened to the Pesants and Anabaptists of Munster in Germany in the year 1323. I will not say notwithstanding that the same God which to punish our offences hath sent us in these our dayes both Pharoes and Ahabs may not sometimes raise up extraordinary deliverances to his people certainly his justice and his mercy continue to all ages firme and immutable Now if these visible miracles appear not as in former times we may yet at the least full by the effects that God workes miraculously in our hearts which is when we have our minds free from all ambition a true and earnest â—eale a right knowledge and conscience least being guided by the spirit of errour or ambition we rather make Idolls of our own immaginations then serve and worship the true and living God Whether it be lawfull to take Armes for Religion Furthermore to take away all scruple we must necessarily answer those which esteeme or else would that others should think they hold that opinion that the Church ought not to be defended by Armes They say with all that it was not without a great Mysterie that God did forbid in Exod. 20. 25. Deut. 27. 3. 1 Kings 6. 7 the Law that the Alter should be made or adorned with the helpe of any toole of Iron in like manner that at the building of the Temple of Solamon there was not heard any noyse of Axe or Hammer or other tooles of Iron from whence they collect that the Church which is the lively Temple of the Lord ought not to be reformed by Armes yea as if the stones of the Alter and of the Temple were â—ewed and taken out of the quarries without any instrument of Iron which the text of the holy Scripture doth sufficiently cleare But if we oppose to this goodly Allegory that which is written in the fourth Chapter of the book of Nehemiah that one part of the people caried morter and another part stood ready with their weapons that some held in one hand their swords and with the other carried the materialls to the workmen for the rebuilding of the Temple to the end by this meanes to prevent their enemies from ruining their work we say also that the Church is neither advanced nor edified by these materiall weapons but by these armes it is warranted and preserved from the violence of the enemies which will not by any meanes endure the increase of iâ— Briefly there hath been an infinite number of good Kings and Princes as Histories do testifie which by Arms have maintained and defended the service of God against Pagans They reply readily to this that Warres in this manner were allowable under the Law but since the time that grace hath been offered by Jesus Christ who would not enter into Ierusalem mounted on a brave horse but meekly sitting on an asse this manner of proceeding hath had an end I answer first that all agree with me
Neh. 11. 9. some principall man chosen out of that Tribe as also in the City of Ierusalem there was a Governour chosen out of the Tribe of Benjamin residing there This will appear more manifest by examples Ieremy sent by God to denounce to the Jewes the destruction of Ierusalem was therefore condemned first by the Priests and Prophets in whose hands was â—or 16. 9 〈◊〉 the Ecclesiasticall jurisdiction afterwards by all the people of the City that is by the ordinary Iudges of Ierusalem to wit the Milleniers and the Centurions Finally the matter being brought before the Princes of Iuda who were the 71. Elders assembled and set neere to the new Gate of the Temple he was by them acquitted In this very Assembly they did discreetly condemn in expresse terms the wicked and cruell act of the King Ichoiakin who a little before had caused the Prophet Vriah to be slain who also fore-told the destruction of Ierusalem We read in another place that Ledechias held in such reverence the authority of this Councel that he was so far from delivering of Ieremy 〈◊〉 37. 38. from the dungeon wherein to the 71. had cast him that he durst scant remove him into a lesse rigorous prison They perswading him to give his consent to the putting to death the Prophet Ieremy he answered that he was in their hands and that he might not oppose them in my thing The same King fearing least they might make information against him to bring him to an account for certain Speeches he had used to the Prophet Ieremy was glad to feâ—gn an untrue excuse It appeares by this that in the kingdome of Iuda this Councel was above the King in this kingdome I say not fashioned or established by Plato or Arictotle but by the Lord God himself being Author of all their order and supreame Moderator in that Monarchy Such were the seven Magi or Sages in the Persian Empire who had almost a paraleld dignity with the King and were tearmed the ears and eyes of the King who also never dissented from Arist in Pol. lib. â— c. 11. l. 3. c. 7. the judgment of those Sages In the kingdom of Sparta there was the Ephori to whom an appeal lay from the judgment of the King and who as Aristotle sayes had authority also to judge the Kings themselves In Egypt the people were accustomed to chuse and give officers to the King to the end they might hinder and prevent any incroachment or usurpt authority contrary to the Laws Now as Aristotle doth ordinarily tearm those lawfull Kings which have for their Assistants such officers Arist. in pol. l. 5. c. 11. or Councellors so also maketh he no difficulty to say that where they be wanting there can be no true Monarchy but rather a tyranny absolutely barbarous or at the least such a Dominion as doth most neerly approach tyranny In the Romane Common-wealth such were the Senators and the Magistrates created by the people the tribune of those which were called Celerees the Preter or Provost of the City and others insomuch as there lay an appeal from the King to the People as Seneca declares by divers testimonies drawne from Ciceroes bookes of the Common-wealth and the History of Oratius sufficiently shewes who being condemned by the Iudges for killing his sister was acquitted by the people In the times of the Emperours there was the Senate the Consults the Pretors the great Provosts of the Empire the Governours of Provinces attributed to the Senate and the People all which were called the Magistrates and Officers of the people of Rome And therefore when that by the decree of the Senate the Emperour Maximinus was declared enemy Herodi â— 8. of the Common-wealth and that Maximus and Albinus were created Emperours by the Senate the men of war were sworn to be faithfull and obedient to the people of Rome the Senate and the Emperors Now for the Empires and publike States of these times except those of Turquie Muscovie and such like which are rather a rapsody of Robbers and barbarous intruders then any lawfull Empires there is not one which is not or hath not heretofore been governed in the manner wee have described And if through the connivency and sloath of the principall Officers the successors have found the businesse in a worse condition those which have for the present the publike Authority in their hands are notwithstanding bound as much as in them lyeth to reduce things into their primary estate and condition In the Empire of Germany which is conferred by election there is the Electors and the Princes both secular and Ecclesiasticall the Countesse Barons and Deputies of the Imperial Cities and as all these in their proper places are Solicitors for the publike good likewise in the Diets doe they represent the Majesty of the Empire being obliged to advise and carefully fore-see that neither by the Emperours partiality hate nor affection the publike State do suffer or be interressed And for this reason the Empire hath its Chancellour as well as the Emperour his both the one and the other have their peculiar Officers and Treasurers apart And it is a thing so notorious that the Empire is preferred before the Emperour that it is a common saying That the Emperour does homage to the Empire In like manner in the Kingdom of Polonia there is for Officers of the Crown the Bishops the Palatins the Castellains the Nobility the Deputies Speculum saxonicum of Towns and Provinces assembled extraordinarily before whom and with whose consent and no where else they make new Lawes and determinations concerning wars For the ordinary Government there is the Councellours of the kingdom the Chancellour of the State c. although notwithstanding the king have his Stewards Chamberlains Servants and Domestiques Now if any man should demand in Polonia who were the greater the King or all the people of the kingdom represented by the Lords and Magistrates he should do as much as if he asked at Veniâ—e if the Duke were above the Seigniory But what shall wee say of Kingdoms which are said to go by hereditary succession We may indeed conclude the very same The kingdom of France heretofore preferred before all other both in regard of the excellency of their Lawes and Aiâ—oni lib. 5. c. 26. in Carolo â—â—lvâ— maâ—esty of their Estate may passe with most as a ruling case Now although that those which have the publike commands in their hands doe not discharge their duties as were to be desired it followes not though that they are not bound to do it The King hath his high steward of his Houshold his Chamberlains his Masters of his games Cup-bearers and others whose oâ—â—â—ces were wont so to depend on the person of the King that after the death of their Mastâ—r the roâ—â—ces were void And indeed at the Funerall of the King the Lord high Steward in the presence of all the officers and servants of the
be disabled to give satisfaction the other must satisfie the creditors who ought not to be endamaged though one of his debtors have ill husbanded his estate this ought not to be doubted in regard of Israel toward their King and of the King towards Israel in case one of them apply himselfe to the service of Idols or breake their Covenant in any other sort the one of them must pay the forfeiture and be punished for the other Now that the Covenants of which we at this time treat is of this nature it appeares also by other testimonies of Holy Scripture Saul being established King of Israel Samuel Priest 1 Sam. 12. 14. 25. and Prophet of the Lord speakes in this manner to the people Both you and your King which is over you serve the Lord your God but if you persevere in malice he taxeth them of malice for that they preferred the government of a man before that of God you and your King shall perish He adds after the reason For it hath pleased God to chuse you for his people You see here both the parties evidently conjoyned in the condition and the punishment In like manner Asa King of Judah by the counsel of the Prophet Azarie assembleth all the people at Jerusalem to wit Juda and Benjamin to enter into Covenant with God Thither came also divers of the Tribe of Ephraim Manasses and Simeon which were come thither to serve the Lord according to his own ordinance After the sacrifices were performed according to the Law the Covenant was contracted in these termes Whosoever shall not call upon the Lord God of Israel be he the least or the greatest let him dye the death In making mention of the greatest you see that the King himselfe is not excepted from the designed punishment But who may punish the King for here is question of corporall 2 king 23. 2. and temporall punishment If it be not the whole body of the people to whom the King sweareth and obligeth himselfe no more nor lesse than the people doe to the King we read also that King Josias being of the age of twenty and 2 Chron. 4. 29. five yeares together with the whole people doth make a Covenant with the Lord the King and the People promising to keepe the Lawes and Ordinances of God and even then for the better accomplishing of the tenour of this agreement the Idolatry of Baall was presently destroyed If any will more exactly turne over the holy Bible he may well finde other testimonies to this purpose But to what purpose should the consent of the people be required wherefore should Israel or Juda be expresly bound to observe the Law of God for what reason should they promise so solemnly to be for ever the people of God If it be denied by the same reason that they had any authority from God or power to free themselves from perjury or to hinder the ruine of the Church For to what end should it serve to cause the people to promise to be the people of God if they must and are bound to endure and suffer the King to draw them after strange Gods If the people be absolutly in bondage wherefore is it commanded then to take order that God be purely served if it be so that they cannot properly oblige themselves to God and if it be not lawfull for them by all to indeavour the accomplishment of their promise shall we say that God hath made an agreement with them which had I. quod attâ—net 32. 1. D. de reg jur no right neither to promise nor to keep promise But on the contrary in this businesse of making a Covenant with the people God would openly and plainly show that the people hath right to make hold and accomplish their promises and contracts For if he be not worthy to be heard in publique Court that will bargaine or contract with a slave or one that is under tutillage shall it not be much more shamefull to lay this imputation upon the Almighty that he should contract with those which had no power to performe the conditions covenanted But for this occasion it was that when the Kings had broken their Covenants the Prophets always addressed themselves to the house of Juda and Jacob and to Samaria to advertise them of their duties Furthermore they required the people that they not only with-draw themselves from sacrificing to Baal but also that they cast down his Idoll and destroy his Priests and service yea even maugre the King himselfe For example Ahab having killed the Prophets of God the Prophet Elias assembleth the people and as it were convented the Estates and doth there taxe reprehend and reprove every one of them the people at his exhortation doe take and put to death the Priests of Baal And for so much as the King neglected his duty it behoved Israel more carefully to discharge theirs without tumult not rashly but by publicke authority the Estates being assembled and the equity of the cause orderly debated and sufficiently cleared before they came to the execution of justice On the contrary so often and always when Israel hath fayled to oppose their King which would overthrow the service of God that which hath been formerly said of the two Debtors the inability and ill husbandry of the one doth ever prejudice the other the same hapned to them for as the King hath been punished for his Idolatry and Disloyaltie the people have also beene chastised for their negligence connivencie and stupidity and it hath commonly hapned that the Kings have bin much more often swarved and drawn others with them then the people for so much as ordinarily the great ones mould themselves into the fashion of the King and the people conforme themselves in humours to those that governe them to be briefe all more usually offend after the example of one then that one will reform himselfe as he seeth all the rest This which we say will perhaps appeare more plainly by examples what doe we suppose to have been the cause of the defeat and overthrow of the Army of Israel with their King Saul Doth God correct the people for the sinnes of the Prince Is the child 1 Sam. 31. beaten instead of the Father It is a discourse not easily to be digested say the Civilians to maintain that the children should bear the punishments due for the offences of their Fathers the Laws doe not permit that any one shall suffer for the wickednesse of another Now God forbid that the Judge of all the world saith Gen. 18. 25. Deut. 24. 16. 2 King 14 6. Ezech. 18. 20. Abraham should destroy the innocent with the guilty On the contrary saith the Lord as the life of the Father so the life of the sonne is in my hands the fathers shall not be put to death for the children neither shall the children be put to death for the fathers every man shall be put to death for
discover'd or delivered not the delinquents into the hand of the Magistrate If he were negligent in performing this duty for the first mulct he was to receive a certaine number of blowes on his body and to fast for 3. dayes together If the neighbour be so firmely oblig'd in this mutuall duty of succour to his neighbour yea to an unknowne person in case hee be assail'd by thieves shall it not be lawfull for a good Prince to assist not slaves to an imperious Master or children against a furious Father but a Kingdome against a Tyrant the Common-wealth against the private spleene of one the people who are indeed the true owners of the State â—â—ainst a ministring servant to the publique And if he câ—â—elesly or wilâ—ully omit this duty deserves he noâ— himselfe to be esteem'd a Tyrant and punished accordingly as well as the other a sobber which neglected to assist his neighbour in that danger Theucidides Theucid lib. 1. upon this matter saies that those are not only Tyrants which make other men slaves but much more those who having meanes to suppresse and prevent such oppression take no care to performe it And amongst others those which assumed the title of Protectors of Greece and defenders of the Countrey and yet stiâ—re not to deliver their Countrey from oppression of strangers and truly indeed For a Tyrant iâ— in some sort compeld to hold a straight and tyrannous hand over those who by violence and tyranny he hath constrain'd to obey him because as Tiberius said he holds the Wolfe by the eares whom he can neither hold without paine and force nor let goe without danger death To the end then that he may blot out oue sin with another sinne he files up one wickednesse to another and is forced to do injuries to others lest hee should prove by remisnesse injurious to himselfe But the Prince which with a negligent and idle regard lookes on the outragiousnesse of a Tyrant and the massacring of Innocente that he might have preserved like the barbarous spectacles of the Roman sword-playes is so much more guilty than the Tyrant himselfe by how much the cruel and homicidious directers and appointers of these bloody sports were more justly punishable by all good laws than the poore and constrain'd actors in those murthering tragedies and as he questionlesse deserves greater punishment which out of insolent jollity murthers one than hee which unwillingly for feare of a further harme kills a man If any object that it is against reason and good order to meddle in the affaires of another I answer with the olde man in Terrence I am a man and I believe that all duties of humanity are fit and convenient for me If others seeking to cover their base negligence and carelesse unwillingnesse Pompon de reg juâ— lâ—g 36. alledg that bounds and jurisdictions are distingnisht one from another and that it is not lawfull to thrust ones sickle into anothers harvest Neither am I also of that opinion that upon any such colour or pretence it is lawfull for a Prince to encroach upon anothers jurisdiction or right or uppon that occasion to usurp anothers countrey and so carry another mans corne into his bâ—rne as divers have taken such shadowes to maeke their bad intentions I will not I say that after the manner of those arbitrators which Cicero Ciccr. 2. offic speaks of thou adjudge the things in controversie to thy selfe But I require that you represse the Prince that invades the kingdome of Christ that you containe the Tyrant within his owne limits that you stretch forth your hand of compassion to the people afflicted that you raise up the Common-wealth lying groveling on the ground and that you so carry your selfe in the ordering aâ—d managing of this that all men may see your principall aime and end was the publique benefit of humane society and not any private profit or advantage of your owne For seeing that justice respects only the publique and that which is without and injustice fixes a man wholly on himselfe it doubtlesse becomes a man truly honest so to dispose his actions that ever private interests give place and yield to publique commoditie Briefly to epitomize what hath bin formerly said if a Prince outragiously over-pass the bounds of piety justice A neighbor Prince may justly and religiously leave his owne Countrey not to invade and usurp anothers but to containe the other within the limits of justice and equity and if he neglect or omit his duty herein hee shewes himselfe a wicked and unworthy Magistrace If a Prince tirannize over the people a neighbour Prince ought to yield succours as freely and willingly to the people as he would doe to the Prince his Brother if the people mutined against him yea he should so much the more readiâ—y succour the people by how much there is more just cause of pity to see many afflicted than one alone If Porsenna brought Tarquinius Superbus backe to Rome much more justly might Constantine requested by the Senate and Roman people expell Marentius the Tyrant from Rome Briefely if man become a Wolfe to man who hinders that man according to the proverb may not be instead of God to the needy And therefore the Ancients have ranckt Hercules amongst the gods because he punisht and tam'd Procrustes Busiris and other Tyrants the plagues of man kind and monsters of the earth So whilst the Roman Empire retained her freedome she was truly accounted the safe guard of all the world against the violence of Tyrants because the Senate was the port and refuge of Kings people and Nations In like manner Constantine called by the Romans against Mixentius had God Almighty for the leader of his Army and the whole Church doth with exceeding commendations celebrate his enterprize although that Maxentius had the same authority in the West aâ— Constantine had in the East Also Charlemaine undertooke War against the Lombards being requested to assist the Nobility of Italy although the Kingdome of the Lombards had been of a long continuance and he had no just pretence of right over them In like manner when Charles the bald King of France had tyrannously put to cleath the Governour of the Country between the River of Seynt and Loyre with the Duke Lambert and another Noble-man cald Jametius and that other great men of the Kingdome were retired unto Lewis King of Germany brother but by another moâ—her unto Charles to request aid against him and his mother called Juclith one of the most pernitious women of the world Lewis gare them audience in a full Assembly of the German Princâ—s by whose joynt advice it was decreed that Warres should be made against Charles for the re-establishing in their goods honours and estates those whom he had unjustly dispossest Finally as there hath ever been Tyrants disperst here and there so also all histories testifie that there hath been neighbouring Princes to oppose tyranny and maintain the people in their right The Princes of these times by imitating so worthy examples should suppresse the Tyrants both of bodies and soules and restraine the oppressors both of the Common-wealth and of the Church of Christ otherwise they themselves may most deservedly be branded with that infamous title of Tyrant And to conclude this discourse in a word piety commandâ— that the Law and Church of God be maintain'd Justice requires that Tyrants and destroyers of the Common-wealth be compel'd to reason Charity challenges the right of relieving and restoring the oppressed Those that make no account of these things doe as much as in them lies to drive pietie justice and charity out of this world that they may never more be heard of FINIS