do rather than the other Parts should perish or live in Pain and continual Torment So may the body Politick chuse another Head and Governour in the room of its destructive One which hath been done for many Ages and God hath wonderfully concurred therein for the most part with such Judicial Acts of the Common-Wealth against their Evil Princes not only prospering the same but by giving them commonly some notable Successor in Place of the Deprived thereby both to justify the Fact and remedy the Fault of him that went before First King Saul was slain by the Philistines by God's Appointment for not fulsilling the Law and Limits prescribed unto him Ammon was lawful King also yet was he slain for that he walked not in the way prescribed him by God 2 King 21. and David and Jesiah were made Kings in their rooms who were two most excellent Princes Shalâ—m Pekahiah and Pekah three wicked and idolatrous Kings of Israel were by God's just Judgment slain one after another And all the Kings of Israel who violated the Covenant and Conditions annexed to their Crowns did for the most part lose their Lives and underwent the utter Extirpation of their Posterities from the Crown Rehoboham for only threatning to oppress the People was deserted by them who chose Jeroboham his Servant in his stead which was approved on by God If I should instance all the Kings over the Children of Israel whom God permitted and appointed to be slain and those that were carried away Captive by the Heathens for their unjust Government I should be too copious But I will leave the Hebrews and give you several Examples of the depriving of Evil Princes of the Government in France Spain Portugal c. and last of all in Scotland and England and of the Happiness and Prosperity that did attend those Kingdoms upon such Acts which can be imputed to nothing but the Blessing of Almighty God which attended those Proceedings and by consequence he approved thereof and does approve of such Acts. There has been two great Changes made of the Royal Line in France the first from Pharamond to the Line of Pepin the second from Pepin to Hugo Capet Childerick the Third was deprived for his Evil Government and Pepin was chosen King in his stead whose Posterity reigned for many Years after him and were brave Kings as History doth testify Lewis the Third and Charles sirnamed Le-Gross were both deprived by the States of France for their ill Government and such who were thought more worthy appointed in their stead All French Histories do attribute to these great Changes that have been made by the People the Prosperity and Greatness of their present Kingdom Henry the Third before he was King of France was chosen King of Polonia But for departing thence without leave and not returning at his Day was deprived by publick Act of Parliament If I were to mention all the Acts of this Nature throughout Europe I should be too tedious therefore I will mention only some few In Spain Flaveo Suintila was deprived for his Evil Government together with all his Posterity and Sissinando chosen in his room Don Pedro sirnamed the Cruel for his injurious Proceedings with his Subjects they resolved to dethrone him and to that intent sent for a Bastard Brother of his named Henry that lived in France desiring him to come with some French Men to assist them in that Act and take the Crown upon himself Which he did by the help of the Spaniards and slew him in Fight hand to hand and so enjoyed the Crown as doth his Off-spring to this Day This Henry was a most Excellent King as well for his Courage in War as for his other brave Qualities In Portugal Don Sanco the Second was deprived by the Universal Consent of all Portugal and Don Alanso his Brother set up Who amongst other great Exploits was the first that set Portugal free from all Subjection Dependance and Homage to the Kingdom of Castile And his Son who was his Successor builded and founded above forty great Towns in Portugal Who was likewise a most rare Prince and his Off-spring ruleth there to this Day Cisternus King of Denmark for his intolerable Cruelty was deprived and his Wife and three Children disinherited and his Uncle Frederick was chosen King in his stead whose Off-spring remaineth in the Crown In Scotland the Nobility and Gentry c. took Arms against Durstus their King for his intolerable Cruelty and slew him and his Confederates in Battel and put by his Sons lest they should imitate their Father's Vices and elected Even his Brother King who leaving a Bastard Son the Kingdom was conferred on him Crathy Cinthus having surprized and slain Donald for his Tyranny he was unanimously Elected King Ethus was for his Evil Government deprived and Gregory made King in his stead Buchanan a Scots-man speaking of his Country saith That it was free from the beginning created it self Kings upon this very Law that the Empire being conferred on them by the Suffrages of the People if the Matter required it they might take it away by the same Suffrages Of which Law many Footsteps have remained even to our Age. I will end this Narration with Examples out of England before and since the Conquest Archigallo Emerian Vortigern Sigibert King of the West-Saxons Beornred and Alured King of Northumberland were all deprived of their Thrones for their Evil Government and such who were thought more Worthy preferred in their Stead King Edwin being deprived for his Unjust Government the Crown was given to his Brother Edgar who was one of the rarest Princes that the World had in his Time both for Peace and War Iustice Piety and Valour He kept a Navy saith Stow of three thousand and six hundred Ships distributed in divers Parts for defence of the Realm and he built and restored forty seven Monasteries at his own Charge c. The Crown of England hath been altered by the Community and settled upon those from whom they expected more Justice than from the right Heirs Witness the Electing and Crowning of Edelwald and Casebelian Egbert not next in Blood Edward Adalston and Harold who were all Illegitimate and Edred against the Right of his two Nephews Canutus a Foreigner and Hardiknute without Title and Edward the Confessor against the Right Heirs After the Conquest Anno. 1087. Robert the Elder Brother was put aside and William Rufus the third Son of William the Conqueror was Elected After whose Death Henry the First his Younger Brother though not next Heir was chosen by the People not summoned by Writ After the Death of Henry the First Stephen was chosen King against the right of Mand the Daughter of Henry the First After his Death Henry the second was admitted King against the Right of his Mother Maud. After the Death of Richard the First King John Earl of Morton was Elected and Arthur the Right Heir disinherited Henry the Third was chosen against the
Right of Eleanor Prince Arthur's Sister At the Death of Henry the Third the States of the Kingdom met and setled the Government by appointing Officers and what else was necessary for the Defence of the Realm and Edward the Fourth was set up by the People during the Life of Henry the Sixth Now it is plain that the Kings and Queens of England ever since William Rufus's Time have proceeded from those who were set up by the People against the next Heirs King Edward the Second Richard the Second and Richard the Third were for not governing according to the Laws of the Land deprived of the Government and Edward the Third and Henry the Fourth and Seventh were preferred in their rooms which were most Rare and Valiant Princes who have done many Important Acts in this Kingdom and have raised many Families to Nobility put down others changed States both abroad and at home altered the Course of Descent in the Blood Royal and the like which was unjust and is void at this Day if the Changes and Deprivations of the former Kings were unlawful and consequently all those Princes that have succeeded them which yet never failed of a constant Lineal Descent were Usurpers and those that do pretend to the Crown of England at this Day have no Title at all which was yet never denied for that from those Men they descended who were put in the place of the aforementioned deprived by the Common-Wealth And this is and hath been the Custom and Practice of all Kingdoms and Common-Wealths to deprive their Princes for their Evil Government and that God hath and does concur with the same is plain from the Examples before-mentioned of the Prosperity and Happiness that hath attended those Acts. The Barons Prelates and Commons took a solemn Oath That if King John should refuse to grant and confirm their Laws and Liberties they would wage War against him so long and withdraw themselves from their Allegiance to him until he should confirm to them by a Charter ratified with his Seal all things which they required and that if the King should afterwards peradventure recede from his Oath as they verily believed he would by reason of his double-dealing they would forthwith by seizing on his Castles compel him to give Satisfaction He afterwards breaking his Oath and Promise the Barons said What shall we do with this wicked King if we let him thus alone he will destroy us and our People it is expedient therefore that he should be expelled the Throne we will not have him any longer to reign over us and accordingly they sent for Lewis the Prince of France to be their King and swore Fealty to him but they afterwards discovering that he had sworn that he would oppress them and extirpate all their Kindred they rejected him and set up Henry the Third The Bishops of Hereford Lincoln and several Earls Barons and Knights for each County being deputed to go to Edward II and demand a Surrender of the Crown said to him That unless he did of himself renounce his Crown and Scepter the People would neither endure him or any of his Children as their Soveraign but disclaiming all Homage and Fealty would elect some other for King who should not be of the Blood upon which the King resigned his Crown c. By the common Usage of England which is the common Law of England Kings may be deprived for evil Government and others set up in their stead is plain from the afore-going Examples Richard the First being taken Prisoner by the Emperor in his Return from the Holy Land it was decreed that the fourth part of all that Year's Rents and of all the Moveables as well of the Clergy as of the Laity and all the Woolls of the Abbots of the Order of Cistersians and of Semphringham and all the Gold and Silver Chalices and Treasure of all Churches should be paid in towards the Ransom of the King which was done accordingly If all this was given for the Liberty of one Man certainly much more ought to be given now when all our Liberties and Properties and even our Religion too lies at stake if Necessity required it which God forbid By the Law of Nature Salus Populi the Welfare of the People is both the supream and first Law in Government and the scope and end of all other Laws and of Government it self because the Safety of the Body Politick is ever to be preferred before any one Person whatsoever No Human Law is binding which is contrary to the Scripture or the general Laws of Nature Religion doth not overthrow Nature whose chiefest Principle is to preserve her self and God doth not countenance Sin in the greatest but rewards the Punisher witness Jehu c. The end for which Men enter into Society is not barely to live but to live happily answerable to the Excellency of their Kind which Happiness is not to be had out of Society All Common-wealths are in a State of Nature one with another As Magistrates were designed for a general Good so the Obligation to them must be understood so as to be still in Subordination to the main End for the reason of all Law and Government is the Publick Good Government being for the benefit of the Governed and not for the sole advantage of the Governours but only for theirs with the rest as they make a part of that Politick Body each of whose Parts and Members are taken care of and directed in their peculiar Function for the good of the whole by the Laws of the Society The end of Government being the Preservation of all as much as may be even the Guilty are to be spared where it can prove no prejudice to the Innocent The publick Power of all Society is above every Soul contained in the same Society and the Principal use of that Power is to give Laws unto all that are under it which Laws in such cases we must obey unless there be reason shewed which may necessarily inforce that the Law of Reason or of God doth injoyn the contrary Hooker Eccl. Pol. l. 1. §. 10. T. Cicero saith there is one Nature of all Men that even Nature it self prescribes this that a Man ought to take care of a Man who ever he be even for this very cause that he is a Man If otherwise all human Consociation must necessarily be dissolved therefore as there are two Foundations of Justice First that no hurt be done to any next that the Profit of all if it can be done be advanced That all Magistates and Governours do proceed from the People is plain from the following Examples in Scripture Deut. 16. 18 19. the Children of Israel are commanded to make Judges and Officers throughout their Tribes Deut. 17. 14 15. When thou art come into the Land c. and shalt say I will set a King over me like as all the Nations that are about me Thou shalt in any wise set him King over
thee whom the Lord thy God shall choose One from among thy Brethren shalt thou set over thee thou mayst not set a Stranger over thee So God did only reserve to himself the Nomination of their King by which he designed to make his People more happy than they could expect by their own peculiar Choice he knowing the Heart of Man and Corruption of his Nature would be sure to nominate such who was most fit to govern his People God did not require the Jews to accept of him for King whom he should chuse but left it to their own free Will whether they would accept him or no is plain from the following Examples Upon the Death of Saul David was set up by the Appointment of Almighty God yet there was only the Tribe of Judah that followed David and made him King eleven Tribes following Ishbosheth Saul's Son whom they made King and though David had a long War against the House of Saul yet he calls them not Rebels neither do we find that God punished them or sent any Judgment upon them for not accepting of David as King and when Rechab and Banah had slain Ishbosheth and brought his Head to David at Hebron saying Behold the Head of thine Enemy yet David instead of rewarding them caused them to be slain for killing of Ishbosheth whom he calls a righteous Person not a Rebel After whose Death all those Tribes came to David and made a Compact with him for the performance of such Conditions which they thought necessary for the securing of their Liberty before they made him King 2 Sam. Chap. 2 3 4 5. The making of Solomon King by David his Father was not thought sufficient without the Peoples Consent else why did the People anoint Solomon and make him King the second time We read Judg. 8. 21 22 23. that after Gideon had slain Zebah and Zalmunna with the Midianites the Children of Israel said unto Gideon Rule thou over us both thou and thy Sons and thy Sons Son also for thou hast delivered us from the Hand of Midian But he refusing their Offer they afterwards made his Bastard-Son Abimelech King though he had threefoore and ten lawfully-begotten Sons Zimri having slain Baasha King of Israel reigned in his stead but the Children of Israel hearing thereof rejected him and made Omri the Captain of the Host King of Israel 1 Kings 16. 15 16. The Kingdom of Edom appointed a Deputy to rule over them instead of a King and gave him Royal Authority there being then no King in Edom 1 Kings 22. 47. See Macchab. 9. 28 29 30. 13. 8 9. 14. 41 to 49. By which it is further apparent that their Kings and Governours were chosen by the People As propinquity of Blood is a great Preheminence towards the attaining of any Crown yet it doth not bind the Common-wealth to yield thereto and to admit at hap-hazard every one that is next by Succession of Blood as was falsly affirmed by R. L'estrange and many others when the Parliament would have disinherited the Duke of York as unfit to govern this Nation he being a Papist if weighty Reasons require the contrary because she is bound to consider well and maturely the Person that is to enter whether he be like to perform his Duty and Charge to be committed to him For to admit him that is an Enemy or unfit to govern is to consent to the destroying of the Common-wealth See how God dealt in this point with the Children of Israel 1 Sam. 8. after he had granted to them the same Government as the other Nations round about them had whose Kings did ordinarily reign by Succession as ours do at this day and as most of the Kings of the Jews did afterwards yet that this Law of succeeding by Proximity of Birth though for the most part it should prevail yet He shewed plainly that upon just Causes it might be altered as in the case of Saul who left behind him many Children yet not any of them succeeded him except Ishbosheth who was not his eldest Son who was anointed King by Abner the general Captain of that Nation to whom eleven Tribes followed until he was slain and then they chose David And Jonathan Saul's other Son so much praised in holy Scripture being slain in War his Son Mephibosheth did not succeed in the Crown though by Succession he had much greater Right to it than David God promised David that his Seed should reign for ever after him Yet we do not find this performed to any of his elder Sons nor to any of their Offspring but only to Solomon his younger and tenth Son Rehoboam the lawful Son and Heir of King Solomon coming to Shichem where all the People of Israel were assembled together for his Coronation and admission to the Crown for until that time he was not accounted true King who refusing to ease them of some heavy Impositions which they had received from his Father ten Tribes of the twelve refuse to admit him their King and chose Jeroboam his Servant and made him their lawful King and God allowed thereof for when Rehoboam had prepared an hundred and fourscore thousand chosen Men who were Warriours to reduce those ten Tribes to the Obedience of their Natural Prince God commanded them to desist by his Prophet Shemaiah and so they did These and the like Determinations of the People about admitting or refusing of Princes to reign or not to reign over them when their Designments are to good Ends and for just Causes are allowed by God and oftentimes are his own special Drifts and Dispositions though they seem to come from Man He who is set up or made King by the Consent of the People hath a just Title against the next Heir of the Blood and his Issue who are put by the Crown else most of the Princes now reigning in Europe would be Usurpers and want good Titles to their Crowns they or their Ancestors being set up by the People which were not the right Heirs of the Royal Stock The Laws of the Commonwealth is the very Soul of a Politick Body Kings and Emperors always have been are and ought to be subject to the Laws of their Kingdoms not above them to violate break or alter them at their pleasures they being obliged by their Coronation-Oaths in all Ages and Kingdoms inviolably to observe them for St. Paul saith A Prince is the Minister of God for the Peoples Good and Tribute and Custom are paid to him that he may continually attend thereto The Defence and Procuration of the Common-wealth is to be managed to the benefit of those who are committed not of those to whom it is committed A just Governour for the benefit of the People is more careful of the Publick Good and Welfare than of his own private Advantage Allegiance is nothing but Obedience according to Law which when the Prince violates he has no Right to Obedience There is a mutual Obligation between
and charges him with inviting the Christians to Idolatry and tells him he ought to be put to Death for so doing by the Command of God in Deut. 13. where God says That he that but intices secretly to Idolatry shall be put to death And this was approved on by the great Bishop Athanasius and those Christians that were with him who calls it The Light of Truth the Doctrine of the True Faith How came you says he to Calaritanus to understand the Sense and Meaning of the Scripture so perfectly if the Holy Ghost had not assisted you in it Now I would sain know whether he that is aiding and assisting towards the bringing in of Idolatry as the Popish Religion is is not as worthy of Death as he that only inticeth to Idolatry And this is the Case of many who call themselves of the Church of England who are for the Restoration of King James and by consequence of Idolatry Surely if God had commanded the Yoke of Subjection to the Tyrannical Will of Princes 't is strange that neither the Prophets Elisha and Elijah nor Azariah nor David with his Followers nor the Jews under their Kings nor the Primitive Christians after their Religion was established by Laws nor any of the Reformed Churches should not have known this Doctrine of Passive Obedience In the Barons Wars under Simon of Monfort the King and his Sons were taken Prisoners but the Prince escaping fights Simon and kills him The Historians of those Times calls him not a Rebel or a Traytor but a Martyr for the Liberties of Church and State If Resistance be unlawful upon any Account whatsoever then were all those People guilty of Rebellion who in all Ages have resisted or turned out their Evil and Destructive Kings and Governours and then the Jews were guilty of this Sin for slaying and turning out several of their Kings without any appointment from God in Scripture So likewise the Primitive Christians did involve themselves under the Guilt of St. Paul's Damnation for resisting of their Kings and Emperors and likewise the Christians in all Ages since who have resisted their Princes by turning them out c. And then Bishop Athanasius Author of our Creed and those Christians with him did also come under the Guilt of St. Paul's Damnation for approving of Calaritanus's Book which according to the Doctrine of Passive Obedience was a Treasonable and Rebellious Book for the Incendiaries to Rebellion are as guilty as they that are actually in it And then all those Princes that have been set up by the People in the room of those whom they have turned out for their Evil Government were Usurpers and consequently all those who have succeeded them where the Descent of the Blood is altered are intruders Usurpers and no lawful Kings Were the Doctrine of Passive Obedience without reserve a True Doctrine no doubt but we should have had a better Account thereof than from a few Court-Divines who have most learnedly interpreted the Will and Pleasure of the Prince against the Laws of Nature or of the Country to be the Powers which St. Paul requires Obedience unto under the pain of Damnation So by consequence the Law ceaseth to be the Powers then we are in a worse condition than in the State of Nature With what Face can any Man assert that Passive Obedience without reserve is the Doctrine of the Gospel which is charging God with as palpable a Contradiction as any two things can be it being diametrically opposite to the Law of Self-preservation which is the Law of Nature and the Decree of the Almighty which Law is Sacred and not to be infringed by any Man God never commanded any thing contrary to the Law of Nature unless it were in the Case of Abraham in commanding of him as a tryal of his Faith to offer up his Son Isaac Protection is the only cause of Allegiance and Obedience is plain from the Example of David and his six hundred Men who were protected from Saul and his Army by Achish King of the Philistines who gave them Ziklag to live in and David and his Men fought for the Philistines against the Geshurites Gezrites and the Amalekites and subdued them David owed no Allegiance to Saul who sought his destruction is plain for when Achish told David that he and his Men should go with him to fight against the Children of Israel David offered his service and said to Achish Surely thou shalt know what thy Servant can do Then Achish said unto David Therefore I will make thee keeper of my Head for ever So David and his Men went in the rear of the Army and when the Lords of the Philistines would not let David and his Men fight for them lest they should betray them into the hands of Saul and his Army then David expostulated with Achish and said What have I done and what hast thou found in thy Servant so long as I have been with thee unto this day that I may not go fight against the Enemies of my Lord the King 1 Sam. Chap. 27 28 29. This is a plain case that David intended to fight Saul and his Army Now the Intention of the Mind is as bad as the Act and yet it is no ways said that David repented thereof or of his arming the six hundred Men before mentioned with design to sight his lawful Soveraign King Saul The Primitive Christians took Protection to be the only cause of Allegiance For when Julian the Apostate was chosen Emperor of the Romans not by the free Consent of the People but by the Souldiers during the Life of Constantius the lawful Possessor of the Throne The Christians did not reckon themselves obliged to fight for Constantius against Julian for they troubled not their Heads with the Rights of Princes Agustus tho he had violently usurped the Throne yet he was confirmed in it by the People and Senate of Rome who established it in his Family by a long Prescription when St. Paul's and St. Peter's Epistles were wrote of Obedience to the Laws to Kings and Magistrates so that we see that Obedience was required to an Usurper under the pain of Damnation when the Government was confirmed to him by the People that is by the Majority for it cannot be thought that every Body consented thereto Apolonius Thyanaeus writing to the Emperor Domitian saith These things have I spoken concerning Laws which if thou shalt not think to reign over thee then thy self shalt not reign In Matrimony which is the nearest and strictest Obligation of all others by which those who were two are made one Flesh if one Party forsakes the other the Apostle pronounceth the Party forsaked to be free from all Obligation because the Party deserting violates the chief Conditions of Marriage c. 1 Cor. 7. 15. And shall not the People be much more absolved from their Allegiance to that King who has violated his Oath and the Laws of the Land the very cause for