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

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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 pae●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
little advantage alledged that act of Solomons whom we read to have delivered 1 Kings 9. 11. twenty Towns to Hiram King of Tire for he did not give them to him but for the securing of the Talents of gold which Hiram 2 Chron. 8. 2. had lent him and they were redeem'd at the end of the terme as it appeares by the Text. Further the soile was barren and husbanded by the remaining Canaanites But Solomon having redeemed it out of the hands of Hiram delivered it to the Israelites to be inhabited and tilled Neither serves it to much more purpose to alleadg that in some Kingdomes there is no expresse agreement between the King and the people for suppose there be no mention made yet the law of nature teacheth us that Kings were not ordained to ruine but to govern the Common-wealths and that they L. 2. §. jus reipub D. de administral rer ad Civit. pert l. 〈◊〉 27. D. de admut tut may not by their proper authority alter or change the rights of the publique State and although they be Lords yet can they challenge it in no other quality then as Guardians do in the tuition of their pupills neither can wee account him a lawfull Lord which deprives the Common-wealth of her liberty and sels her as a slave Briefly neither can we also alleadg that some Kingdomes are the L. si fundum sect si tut D. depositi et expr●ssuis Extravag de rejudicata c. intellecto proper acquists of the King himselfe insomuch as they were not conquered by their proper meanes and swords but by the hands and with the wealth of the publique and there is nothing more agreeable to reason then that which was gained with the joynt faculties and common danger of the publique should not be alien'd dispos'd of without the consent of the States which represent the Common-wealth and the necessity of this law is such that it is of force amongst robbers and free-booters themselves He which follows a contrary course must needs ruine humane society And although the French conquered by force of armes the Countreyes of Germany and Gaule yet this before mentioned right remaines still L. 2. et passi● C. de interd Com. rer alie●●t intire To conclude we must needs resolve that Kings are neither proprietors nor usu-fructuaries of the royall patrimony but only administrators and being so they can by no just right attribute to themselves the propriety use or profit of private mens estates nor with as little reason the publique revennues which are in truth only the Common-wealths But before we passe any further we must here resolve a doubt The people of Israel having demanded a King the Lords said to Samuel hearken unto the voice of the people notwithstanding 1 Sam. 8. 7. c. give them to understand what shall be the manner of the King which shall reigne over them he will take your fields your vineyards your olive-trees to furnish his owne occasions and to enrich his servants briefly he will make the people slaves One would hardly believe in what estimation the Courtiers of our times hold this Text when of all the rest of the holy Scripture they make but a jest In this place the Almighty and all good God would manifest to the Israelites their Levite when that they had God himselfe even present with them who upon all occasions appointed them holy Judges and worthy Commanders for the Wars would notwithstanding rather subject themselves to the disordered commandements of a vaine mutable man than to the secure protection of the omnipotent and immutable God Hee declares then unto them in what a slippery estate the King was placed and how easily unruly authority fell into disordered violence and Kingly power was turned into tyrannous wilfulnesse Seeing the King that he gave them would by preposterous violence draw the sword of authority against them and subject the equity of the lawes to his owne unjust desires and this mischief which they wilfully drew on themselves they would happily repent of when it would not be so easily remedied Briefly this Text doth not describe the right of Kings but what right they are accustomed to attribute to themselves not what by the priviledge of their places they may justly doe but what power for the satisfying of their owne lusts they unjustly usurp This will manifestly appeare from the 17. Chapter of Deuteronomy where God appoints a law for Kings Here saies Samuel the King will use his Subjects like slaves there God forbids the King to lift his heart above his brethren to wit over his Subjects whom he ought not to insult over but to cherish as his kinsmen Hee will make Chariots leavy horse-men and take the goods of private men saies Samuel on the contrary in Deutronomy he is exhorted not to multiply horse-men nor to heape up Deut. 17. gold and silver nor cause the people to returne into Aegypt to wit into bondage In Samuel we see pictured to the life wicked Ahab which 1 Kings 21. by pernitious meanes gets Naboths Vineyard there David who held it not lawfull to drinke that water which was purchased with 2 Sam. 23. 16. the danger of his Subjects lives Samuel fortels that the King demanded by the Israelites in stead of keeping the lawes would governe all according to his own fancie on the contrary God commands that his Law should by the Priests be delivered into the hands of the King to copie it out and to have it continually before his eyes Therefore Samuel being high Priest gave to Saul the royall law contained in the 17. of Deutronomy written into a book which certainly had been a frivolous act if the King were permitted to break it at his pleasure Briefly it is as much as if Samuel had said You have asked a King after the manner of other Nations the most of whom have Tyrants for their Governours You desire a King to distribute justice equally amongst you but many of them think all things lawfull which their owne appetites suggests unto them in the meane season you willingly shake off the Lord whose only will is equity and justice in the abstract In Heroditus there is a history which plainly expresses bow apt the royall governement is to degenerate into tyranny whereof Samuel so Herod l. 2. exactly forewarns the people Deioces much renowned for his justice was first chosen Judge amongst the Medes presently after to the end hee might the better represse those which would oppose justice he was chosen King and invested with convenient authority then he desired a guard after a Citadell to be built in Eebatana the principall Citie of the Kingdome with colour to secure him from conspiracies and machinations of Rebels which being effected he presently applies himselfe to revenge the least displeasures which were offered him with the greatest punishments Finally no man might presume to looke this King in the face and to laugh or cough in his
should bee utterly ruined Also at all such times as they left the service of God they were delivered into the hands of the Canaanites and reduced in to slavery under their Tyranny Now this Covenant between God and the people in the times of the Judges had vigor also in the times of the Kings and was treated with them After that Saul had been anoynted chosen and wholly established King Samuel speakes unto the people in these termes Behold the King whom you have demanded 2 Sam. 12. and chosen God hath established him King over you obey you therefore and serve the Lord as well you as your King which is established over you otherwise you and your King shall perish As if hee should say you would have a King and God hath given you this here notwithstanding thinke not that God will suffer any encroachment upon his right but know that the King is as well bound to observe the Law as you and if he faile therein his delinquency shall be punished as severely as yours Briefly according to your desires Saul is given you for your King to lead you in the wars but with this condition annexed that he himself follow the Law of God After that Saul was rejected because he kept not 2 king 2. 4. 6. 12. his promise David was established King on the same condition so also was his Son Solomon for the Lord said If thou keep my Law I will confirm with thee the Covenant which I contracted with David Now concerning this Covenant it is inserted into the second book of the Chronicles as followeth There shall not faile there a man in my sight to sit upon the Throne of Israel yet so that thy children take heed 2 Chron. 6. 16. 7. 17. 2 king 33. 2. Deut 17. 18 1 Sam. 10. 25. to their way to walk in my Law as thou hast walked before me But if they serve Idols I will drive them from the Land whereof I have given them possession And therefore it was that the book of the Law was called the book of the Covenant of the Lord who commanded the Priests to give it the King according to which Samuel put it into the hands of Saul and according to the tenure thereof Josias yeelds himself soedetarie and vassal of the Lord. Also the Law which is kept in the Ark is called the Covenant of the Lord with the children of Israel Finally the people delivered from the captivity of Babylon doe renew the Covenant with God and do acknowledge 2 Chron. 6 11. Nehem. 9 38. throughout that Chapter that they worthily deserved all those punishments for their falsifying their promise to God It appears then that the Kings swear as vassals to observe the Law of God whom they confesse to be Sovereign Lord over all Now according to that which we have already touched if they violate their Oath and transgresse the law we say that they have lost their kingdome as vassalls loose their fee by committing fellony We have said that there was the same covenant between God and the Kings of Judah as before between God and the people in the times of Jud. 2. 24 4. 2. c. 9. 33. 1 Sam. 13. 13. 15. 26. Joshua and the Judges But we see in many places that when the people hath despised the Law or made covenants with Baal God hath delivered them into the hands of Eglon Jabin and other Kings of the Canaanites And as it is one and the same Covenant so those which do break it receive like punishment Saul is so audacious to sacrifice infringing thereby the Law of God and presently after saves the life of Agag King of the Amalekites against the expresse Commandement of God for this occasion he is called Rebell by Samuel and finally is chastized for his Rebellion Thou hast sacrificed saith he but thou hadst done better to obey God for obedience is more worthy than sacrifice Thou hast neglected the Lord thy God he also hath rejected thee that thou Reign no more over Israel This hath been so certainly observed by the Lord that the very children of Saul were deprived of their paternall inheritance for that he having committed high Treason did thereby incurre the punishment of Tirants which affect a Kingdom that no way appertains unto them And not only the Kings but also their children and successors have been deprived of the Kingdome by reason of such fellony Solomon revolted from God to worship Idols Incontinently the Prophet Abijah foretels that the Kingdome shall be divided under his Son Rehoboam Finally the word of the Lord is accomplished and ten Tribes which made the greatest portion of the Kingdome doe quit Rehoboam and adhere to Jeroboam his servant Wherefore is this for so much saith the Lord that they have left me to goe after Astoroche the God of the Sidoniens and Chamos the God of the Moabites c. I will also break in peeces their Kingdome as if he should say they have violated the Covenant and have not kept promise I am no more then tied unto them they will lessen my majesty and I will lessen their Kingdome Although they be my servants yet notwithstanding they will expel me my Kingdome but I will drive them out themselves by Jeroboham which is their servant Furthermore for so much as this servant fearing that the ten tribes for the cause of Religion should returne to Jerusalem set up Calves in Bethel and made Israel to sin withdrawing by this meanes the people far from God what was the punishment of so ingratfull a Vassall and wicked Traytor towards his Lord First his son died and in the end all his race even unto the last of the males was taken from the face of the earth by the sword of Baasa according to the judgement which was pronounced against him by the Prophet because he revolted from the obedience of the Lord God this then is cause sufficient often times also propounded for the which God doth take from the King his fee when he opposeth the Law of God withdraws himselfe from him to follow his enemies to wit Idols and as like crimes deserve like punishments we read in the holy Histories that Kings of Israel and of Juda which have so far forgotten themselves have in the end miserably perished Now although the forme both of the Church and the Jewish Kingdome be changed for that that which was before inclosed within the narrow bounds of Judea is now dilated throughout the whole World notwithstanding the same things may be said of Christian Kings the Gospell having succeeded the Law and Christian Princes being in the place of those of Jury There is the same Covenant the same Conditions the same Punishments and if they faile in the accomplishing the same God Almighty revenger of all perfidious disloyalty and as the former were bound to keep the Law so the other are obliged to adhere to the doctrine of the Gospel for
be disabled to give satisfaction the other must satisfie the creditors who ought not to be endamaged though one of his debtors have ill husbanded his estate this ought not to be doubted in regard of Israel toward their King and of the King towards Israel in case one of them apply himselfe to the service of Idols or breake their Covenant in any other sort the one of them must pay the forfeiture and be punished for the other Now that the Covenants of which we at this time treat is of this nature it appeares also by other testimonies of Holy Scripture Saul being established King of Israel Samuel Priest 1 Sam. 12. 14. 25. and Prophet of the Lord speakes in this manner to the people Both you and your King which is over you serve the Lord your God but if you persevere in malice he taxeth them of malice for that they preferred the government of a man before that of God you and your King shall perish He adds after the reason For it hath pleased God to chuse you for his people You see here both the parties evidently conjoyned in the condition and the punishment In like manner Asa King of Judah by the counsel of the Prophet Azarie assembleth all the people at Jerusalem to wit Juda and Benjamin to enter into Covenant with God Thither came also divers of the Tribe of Ephraim Manasses and Simeon which were come thither to serve the Lord according to his own ordinance After the sacrifices were performed according to the Law the Covenant was contracted in these termes Whosoever shall not call upon the Lord God of Israel be he the least or the greatest let him dye the death In making mention of the greatest you see that the King himselfe is not excepted from the designed punishment But who may punish the King for here is question of corporall 2 king 23. 2. and temporall punishment If it be not the whole body of the people to whom the King sweareth and obligeth himselfe no more nor lesse than the people doe to the King we read also that King Josias being of the age of twenty and 2 Chron. 4. 29. five yeares together with the whole people doth make a Covenant with the Lord the King and the People promising to keepe the Lawes and Ordinances of God and even then for the better accomplishing of the tenour of this agreement the Idolatry of Baall was presently destroyed If any will more exactly turne over the holy Bible he may well finde other testimonies to this purpose But to what purpose should the consent of the people be required wherefore should Israel or Juda be expresly bound to observe the Law of God for what reason should they promise so solemnly to be for ever the people of God If it be denied by the same reason that they had any authority from God or power to free themselves from perjury or to hinder the ruine of the Church For to what end should it serve to cause the people to promise to be the people of God if they must and are bound to endure and suffer the King to draw them after strange Gods If the people be absolutly in bondage wherefore is it commanded then to take order that God be purely served if it be so that they cannot properly oblige themselves to God and if it be not lawfull for them by all to indeavour the accomplishment of their promise shall we say that God hath made an agreement with them which had I. quod att●net 32. 1. D. de reg jur no right neither to promise nor to keep promise But on the contrary in this businesse of making a Covenant with the people God would openly and plainly show that the people hath right to make hold and accomplish their promises and contracts For if he be not worthy to be heard in publique Court that will bargaine or contract with a slave or one that is under tutillage shall it not be much more shamefull to lay this imputation upon the Almighty that he should contract with those which had no power to performe the conditions covenanted But for this occasion it was that when the Kings had broken their Covenants the Prophets always addressed themselves to the house of Juda and Jacob and to Samaria to advertise them of their duties Furthermore they required the people that they not only with-draw themselves from sacrificing to Baal but also that they cast down his Idoll and destroy his Priests and service yea even maugre the King himselfe For example Ahab having killed the Prophets of God the Prophet Elias assembleth the people and as it were convented the Estates and doth there taxe reprehend and reprove every one of them the people at his exhortation doe take and put to death the Priests of Baal And for so much as the King neglected his duty it behoved Israel more carefully to discharge theirs without tumult not rashly but by publicke authority the Estates being assembled and the equity of the cause orderly debated and sufficiently cleared before they came to the execution of justice On the contrary so often and always when Israel hath fayled to oppose their King which would overthrow the service of God that which hath been formerly said of the two Debtors the inability and ill husbandry of the one doth ever prejudice the other the same hapned to them for as the King hath been punished for his Idolatry and Disloyaltie the people have also beene chastised for their negligence connivencie and stupidity and it hath commonly hapned that the Kings have bin much more often swarved and drawn others with them then the people for so much as ordinarily the great ones mould themselves into the fashion of the King and the people conforme themselves in humours to those that governe them to be briefe all more usually offend after the example of one then that one will reform himselfe as he seeth all the rest This which we say will perhaps appeare more plainly by examples what doe we suppose to have been the cause of the defeat and overthrow of the Army of Israel with their King Saul Doth God correct the people for the sinnes of the Prince Is the child 1 Sam. 31. beaten instead of the Father It is a discourse not easily to be digested say the Civilians to maintain that the children should bear the punishments due for the offences of their Fathers the Laws doe not permit that any one shall suffer for the wickednesse of another Now God forbid that the Judge of all the world saith Gen. 18. 25. Deut. 24. 16. 2 King 14 6. Ezech. 18. 20. Abraham should destroy the innocent with the guilty On the contrary saith the Lord as the life of the Father so the life of the sonne is in my hands the fathers shall not be put to death for the children neither shall the children be put to death for the fathers every man shall be put to death for