you be moderate and mild towards your Subjects and that you govern them with Justice and Piety and that none of you in your own Person give Judgment on any Captive or guilty Person but that it be done by the publick Judgment of the Judges appointed thereunto using both Severity and Indulgence with great Wisdom and Moderation that whilst a pious Temper is used by us all the King may rejoyce in his People and the People in their King and God both in King and People And concerning our future Kings we pronounce this Sentence That if any of them contrary to the Reverence of our Laws by Regal Haughtiness and proud Domination shall treat us Tyrannically Anathema sit Let him be accursed from Christ and be separate from God for that he presumed to bring the Kingdom into trouble and distress De Smithilane vero c. As for King Smithilane who being guilty and sensible of his own hainous Enormities and Wickednesses deprived himself of the Kingdom and laid down his Royal Ensigns and we decreed with the consent of the Nation that neither he nor his Wife nor his Children for his Tyrannical Government should never be joined to our Society neither would we at any time promote them to Honour or Dignities This is a singular and excellent Example to which we may add a another Decree of the sixth Synod Toledo cap. 3. In which after the Statute of banishing the Jews it is said That in vain they did ordain good Laws except they did also provide that they should be kept Therefore afterwards if the King having the Reins of Government do violate the Observation of his Faith promised Let him be Anathema Maranatha in the sight of God and made Fuel of Eternal Fire and whoever else Priest or Christian shall comply with him in so doing By which it is plain what Power the States of that Kingdom have over their Kings if they violate their Oath when by the Feudary Right which comprehends the Kingdom a Vassal or Slave owes no Service to his Master if excommunicated but is free from his Oath of Fidelity lib. 2. Feud tit 28. § 1. v. de Jure Magstr p. 67 68 69. Take here also the ancient Form whereby the Kingdom of Arragon did oblige their King not only at his Inauguration but iterated it also in their Triennial Conventions in which the King was present that he might receive his Power from them and they theirs from him where after many Ceremonies performed and past between that which is called the Justice of Arragon which represents the Person of the Supream Power and to which the King by Oath is obliged to submit and the King himself either to be created or already created Formula qua Hispaniarum reges inaugurantur Nos qui volemos tanto comme vos y podemos Mas que vos Elegimos Rey con est as y est as conditiones intra vos y nos un que manda mas que vos i. e. We that are as great as you and can do more than you choose you King on these and these Conditions between you and us and one can command more than you By which you may see that that wise and Prudent People do honour their Kings as they ought Ibid 71 72. If we consult the Empire of Germany what Power the Princes Electors have there it is manifest to all the World both in choosing the Emperor and deposing of him as it hapned to Adolphus Anno 1296. and to Wenceslaâ—s Anno 1400. Emperors for there was such an Oath whereby their Caesars were bound and obliged as is described in a Treatise entituled Speculum Saxonicum lib. 3. § 54. For when the King is chosen he is obliged by Oath to perform Faith and Homage to the Empire and promise that with all his might he will promote the Administration of Justice and punish all Injuries and by all endeavours maintain the Rights of the Empire Now that they that had power to chuse them Kings had power also to curb and punish them is manifest by undisputable reason and matter of Fact. Ejus est tollere cujus est ponere Childerick was expulsed Anno 361. and Gilo substituted who was not of the Family of the Meroves and Chilperick Anno 578. and Theodorick Anno 667. Moreover Anno 890. the States neglecting Charles the Son of Lewis Balbus chose Euden alias Oden to be King. We read also that Hugh Capet cheated Charles the Brother of Lâ—thariâ—s whilst he neglected the Government In short if the Kingdom of Fraâ—cegalli had no Power to choose then neither Pepin nor Capet had any right to the Crown there being no want of Heir Males of Merovey when Pepin usurped the Crown nor were wanting Sons of Charles the Great when Capet challenged the Crown How great the Power of the States ordines regni of that Kingdom in the first Constitution thereof was and how long it continued so and how the Face of that Government is now altered and degenerated into Tyranny Histories are full which no Prescription of what date soever by any Law of God Man Nature or Reason can justifie it being contrary to the Solemn Oaths they take at their Inauguration which justifies all the rest It was but about Anno 1380. that the States of that Kingdom cancelled and made void the Will of Charles the Fifth surnamed the Wise and but Anno 1467. when Lewis the XI endeavouring to turn that Monarchy into Tyranny was deservedly impeached for Male-Government and therefore the States being assembled at Turin they appointed Thirty Curators alias 20. 16. by whom he should be governed but he soon got quit of them because under pretence of the Idol Claronensis which he worshipped with great Superstition he slighted and ridiculed all his Oaths and Promises but with so much unsuccessfulness horrour and unquietness even to his death that he sadly experienced which was the better and more happy Condition to be loved or feared of his Subjects Take the sad Example following of Perjury Charles VII whilst yet the Dauphin most wickedly caused John the last Duke of Burgundy of the Stock of the Gallick Kings to be miserably slain in his presence contrary to all Faith Peace and Friendship plighted unto him a little before near Melo dunum i. e. Melun This Perjury was afterwards expiated by the death of many Millions of Souls almost to the subversion of the Kingdom and Charles himself the King reduced to that misery that he was disinherited of his Father and saw his Capital Enemy Inaugurated by the Kingdom at Paris and from thence was rather Rex Biturigum i. e. King of a People of Aquitane inhabiting Bourge then King of France at last was forced to redeem his Peace on shameful and dishonourable Terms as may appear in a treatise Apud Atrabates with the People of the Province of Artois in which the King himself treated with Duke Phillip Son of the said murdered John his Subject this Clause was
Forces to their aid and assistance She did the like by sending Succours to the Scots whereby she delivered them from Slavery and Popery against Mary Queen of Scots and the Guises So she did most earnestly mediate and interceed by Letters and Embassies with the King of Spain who had violently Tyrannized and Oppressed the Netherlanders by his bloody Edicts both in their Laws Liberties and Religion and not prevailing she sent them Mony and Arms and took them into her Protection by which she relieved and established them in that flourishing Condition they now are in both able and willing gratefully to return the same Kindness to this our Kingdom in her great distress by the like bloody Papists In which she had not only the Judgment and Assistance of her Parliaments but their Purses also And also the Opinion and Approbation of her Clergy in their Convocation with their Subsidies all which they would not have done if they had held all Resistance unlawful And sure this Historian will not deny that the Queen and her Parliaments and Convocations were true Church of England Men so he may make it the Corner-Stone and distinguishing Character if he please of a true and of a mungril Church of England Man And if he do I doubt he will approve himself no Nathaniel no true Church of England Man. To what then doth all this Bravado of Articles Canons Homiles Liturgies c. tend but to the bespattering of the purest Church in the World with such Doctrines as she is no ways guilty of and to introduce and usher in Popery again which was rushing in upon us with a mighy torrent by the slight of such prevaricating wits that lay in wait to deceive until his Majesty did Abdicare se magistratu but thanks be to God we are not such Children as to be tossed to and fro and carried away from the Truth with such cunning Craftiness Happily King James I. if consulted may be found to favour the same Opinion when in his Speech in Parliament 1603. declares himself to be a Servant and that as he was Head and Governor of all the People in his Dominions who were his natural Vassals and Subjects considering them in Number and distinct Ranks but considering the whole People as one Body and Mass then as the Head is ordained for the Body and not the Body for the Head so must a righteous King know himself to be ordained for his People and not his People for him and therefore professeth that he will never be ashamed to confess it to be his principal Honour to be the Servant of a Commonwealth and ever to think the Prosperity thereof to be his greatest Felicity And in his Speech at White-hall Anno 1609. March 21. saith That every just King in a settled Kingdom is bound to observe the Paction which God made with Noah after the Deluge therefore a King leaves to be a King and degenerates into a Tyrant as soon as he leaves off to Govern by his Laws as the poor Widow to Philip of Macedon Either Govern according to your Laws Aut ne Rex sis Therefore all Kings that are not Tyrants or Perjured will be glad to bound themselves within the limits of their Laws And they that persuade them to the contrary are Vipers and Pests both against them and the Commonwealth Which Premisses do naturally yield this Conclusion without wresting viz. That Kings not Governing according to their Compact and Laws made by their Subjects are Perjured and become Tyrants and may be curbed opposed and withstood Thus much only by way of Specimen to incourage other more learned Pens to make farther proof it being every Mans Duty to contribute what he can towards the support of that Government under which he lives no Government being obliged to support those who will not support it which incourageth me to cast in my Mite also and the rather because I observe some Prints so virulent as to ill-characterize the greatest Wisdom and wisest Men of the World and to make common Sense and truest Equity and the most undoubted Right of the whole World Treason and Rebellion and so to be owned and practised in Extremities by all Nations Vim vi repellendo Which being always to be understood of unjust Force the Defence must be just and it 's impossible to be made either Treason or Rebellion by any other Law than that the Foxes Ears were Horns And others would make this wild conjecture of Passive Obedience without reserve as the Corner-Stone and distinguishing Character of the Church of England from all other reformed Churches which deserves a Sponge and Reprimand and not an Answer AN ADMONITION TO ALL Christian EMPERORS KINGS PRINCES c. ALL Emperors Kings Princes and Governors ought most seriously to consider That tho' by the Providence of God and good will and choice of Men they are set on high yet they are not Kings and Lords and Princes in their own right and in such manner as that they are not obliged to acknowledge a Superior Dominion What are they but Vassals to God by whose Providence they hold their Crowns and Scepters Lives and all by fealty and homage And what are they but Administrators and Trustees of the Governed to see the Laws made by them indifferently and equally executed for the Peace and Happiness of whole Kingdoms And who knows not that in recompence of their Care and Pains that this is one of the chief Conditions or Laws of Subjects that they do Support their Kings and Governors and that they keep Fidelity with and pay Tribute Reverence and Service unto them So strict is this Obligation that in all cases of danger Subjects are bound to aid and assist them and to yield all the Duties of Honour Friendship Reverence and Respect and to take up Arms on their behalf against their very Bretheren and Children and to pay them Tribute for their Grandeur and Support where Faith and Honour are concerned an Eternal blemish will remain on the violation thereof If they offend their Kings by unjust contrivances and blemish their Dignity and Honour by unjust aspersions if they plot contrive and wage War unjustly against them if they desert them in a time of danger if they treacherously conceal any that endeavour to kill imprison or damnifie them if they do not deliver them when in danger if it be in their power to do it they are then guilty of Treason Seeing therefore Kings require so much Fidelity from their Subjects for defending their Persons States and Dignities who are but Men on both parts in how much greater Obligations and under what severer Penalties are Kings themselves bound towards the giver and bequeather of their Crowns and Scepters for the defence of his Kingdom and People against all Rebels and Traitors to his and their Laws But ah the misery of human blindness All Princes are ready to cry out that when any Man becomes guilty of such breach of Faith towards them it
of Germany confirmed in the Regency by the States following the example of the Bastards is Crowned King and afterwards was degraded from the Empire and the Crown Charles the Simple after Twenty two years was forced to renounce his Crown though a lawful King. Lewis the Fourth his Son carried into England by his Mother c. And Ralf or Raoul Duke of Burgundy called to the Crown though an Usurper after whose death the said Lewis the Fourth called Doutremer is restored to the Crown Lewis the Pious though the Son of Charles the Great yet was elected anno 812. in whose Will extant in Naucler Charles the Great besought the People that they would chuse one of his Nephews which they pleased by the publick Council of the Kingdom and commanded his Uncles by the publick decree of his People to acquiesce Hence Carolus Calvus Charles the Bald a Nephew by Lodovicus Pius and Juditha confesseth himself chosen King. Aymoinus Historiogr 85. From the Merovingiens being Twenty two Kings of the Merovees to the Garlovingiens by Charles Martel Major of the Palace in name but King in effect of which Race there have been Thirteen Kings then the Crown came to the Capets In the choice of Pharamond first King of France after many Harangues pro and con about all kinds of Government at last they resolved on Kingly Government as the best sort of Government then the Lords Peers Magistrates and chief Captains as Representatives of all the People chose him King and was Inaugurated or Crowned by setting him on a great Shield or Target and carrying him into the Field where also both the common Soldiers in Arms and the People were assembled who confirmed and approved the choice by their Acclamations about the Year 419 or 420. And then they did Swear to the King to keep Faith and Allegiance to Honour Serve Maintain and Defend him against his Enemies but on condition that he be Religious Valiant Just Merciful Impartial Diligent understanding in management of Affairs skilful to resist their Enemies to punish Evil doers and to preserve the Good and to defend the Christian Faith likewise This Mutual and Reciprocal Swearing and Covenanting equally obligatory on both sides was the Custom from Pharamond to Pepin and afterwards in the Race of the Carliens descended of Pepin the French of their own free will chusing their Kings the Crown in those Days not descending Hereditarily If at any time the Crown came to the Son or Brother did succeed the Father or Brother it was not by any right of Inheritance or Succession to which they could not possibly have any right or pretence by any Law of God or Nature that wholly depending on consent of Parties to be governed but only through the affection which the French did bear to the memory of the good King deceased After Pharamond they chose one Daniel a Monk whom they sirnamed Chilperick whom for his Debauchery they banished and chose one Gillon or Gilles a Roman Senator or Master of the Roman Militia for their King who Governing as ill as Chilperick they sent and intreated Sigibert King of Metz to take the Crown of France and Crowned him Les Burguignons and les Austrasiens having made Peace with the other French chose Clotaire for their King in all the Three Kingdoms and afterwards chose Childerick King of Austrasie who delaying to come they chose one Odon After the decease of Dagobert his Son Clovis being young they chose him after his decease they chose his Son Clotaire King who dying Four years after they chose Thyerre his Brother whom they afterwards deposed and chose Childerick in his room Histories are full of the like examples in other Kingdoms Afterwards in the Posterity of Pepin who having been Ten years Master of the Palace to Childerick a weak Prince set up for himself and by his Power and Artifices by the help of Pope Zachary his ghostly Father dispensing with the Oath of Allegiance which the People had Sworn to Childerick the last King of the Race of Clovis whom the People caused to be put into a Monastery And after the death of Pepin the French by common consent chose Charles and Carloman his Son for their King with a charge that they did equally part and share the Kingdom between them At the end of the Race of Pepin Lewis King of the Francs being dead they being willing to transfer the Kingdom to Charles King of Austrasie or according to others Duke of Lorrain but whilst he deferred his coming Hugh Capit took possession of the Crown It is also evident in Story that one Kings Son hath been rejected and another inthroned For the French not being pleased with the Infancy and Weakness of Charles Son of Loys de Begue about Nine or Ten years old chose for their King Odon Son of Robert Saxon which was killed by the Normans in Battel and that Two years after they being displeased with the Government of Odon they discharged him of the Government and set up Charles again who misbehaving himself was imprisoned and they put in his place Raoul King of Bourgongue by which examples it is apparent the Kings of France were Elective not Hereditary But after they obtained Hereditary Possession of the Crown the Custom of the Election by the People which had lasted long being laid aside the Kings were Crowned and Chosen at Rhemes by the Peers of France in the name of the Church of the Nobles and of the People Bernard de Gerard. Sieur Mezeray Jean de Serres In summ All Kings were at first Elected and Chosen by the People and though now many succeed by Inheritance as by much the better way yet that way also is Constituted Approved and Confirmed by the People or their Representatives No Kings drop out of the Clouds neither do they start out of the Earth though the People chuse the Root yet do they not so absolutely chuse the Stems or Branch but if they do degenerate they in Prudence and Justice may make a better choice The Heirs of such Roots are not so much born Kings as adopted so not so much Kings as fair Candidates for Crowns Presumptive Kings only where Succession is not settled by Laws made by publick consent CHAP. V. Some Opinions of Hobs's Machiavil Pulpits and others examined The Peoples Power asserted in chusing refusing and rejecting Kings according as they did or did not observe Laws and Covenants Covenants equally oblige If broken by one the other is thereby set free Vsages and Customs of other Nations Sad examples of Perjury IT is true that Machiavil Hobs the Pulpits and others do inculcate That Kingly Power is so founded by God immediately that there remaineth nothing human in it and that publick consent is nothing at all requisite and that Kings are responsible to God only which is the ground of all Tyrannical Arbitrary and Unbounden Sway. For if Kingdoms by common consent can neither set Bounds nor Conditions nor judg of
and most properly it is only in his high Court of Parliament wherein and wherewith his Majesty hath absolutely the Supreme Power and consequently is absolutely Supreme Head and Governor from whence their is no Appeal And without doubt the Parliament may take an account of what is done by his Majesty in his Inferior Courts and therefore much more of what is done by him without the Authority of any Court. What more usual than for Parliaments to call to an account all other Courts of Justice and all Officers and Ministers under his Majesty even for such things as they shall do against the Law though by his Majesty's express command And what is this but to take an account of the discharge of his Majesty's Trust The Law exempts his Majesty from account in no other sense than it exempts him from fault because he is to do publick Affairs of the Kingdom by his Officers and Ministers of State and not by himself and they are to give an account of that which the Kings doth by them In which respect Sir William Thorp Chief Justice in Edward the Third's time was charged for breaking the Kings Oath as much as in him lay The King's Authority is above his Person and his Personal Commands ought not to controul those that proceed from his Authority which resideth in his Courts and his Laws and in his Person acting by the one and according to the other We are really such admirers and so fond of Kingship and so willing to excuse all his Peccadilloes that we retain it as a Maxime That the King can do no wrong i. e. he can do nothing but by Law which can do no wrong And if he do against the Law his personal Acts Commands or Writings oblige no more than if they were a Childs and the Books call him an Infant in Law though his publick capacity be not in non-age as the Parliament declared in Edward VI. which is not to exempt him from Errors or excuse his Crimes but to shew that he ought to be guided by his Council and that his own personal Grants or Commands cannot hurt any more than an Infant which may be reclaimed or recalled not to say corrected by the Courts of Justice or the Council of the Kingdom King James of happy memory in his Speech to the Parliament at White-Hall March 21. 1009. told them That a King Governing in a settled Kingdom leaves to be a King and degenerates into a Tyrant as soon as he leaves off to Rule according to his Laws In which case the King's Conscience may speak unto him as the poor Widow said to Philip of Macedon either Govern according to your Law Aut ne Rex â—is Therefore all Kings that arenâ—t Tyrants or Perjured will be glad to bound themselves within the limits of their Laws and they that perswade them the contrary are Vipers and Pests both against them and the Commonwealth Ibid. 531. I will ever prefer the Weal of the whole Commonwealth in making of good Laws and Constitutions to any particular or private ends of mine thinking ever the Wealth and Weal of the Commonwealth to be my greatest Weal and Worldly Felicity p. 493. The Arguments brought for Kings being appointed by God only and their Power derived from him only are grounded on some few wrested and misunderstood places of Scripture viz. By me Kings reign and Princes decree justice By me Princes rule and Nobles even all the Judges of the earth Prov. 8. 15 16. which are applicable to all other Governments as well as Regal and make only for the institution of the Kingly Office and nothing at all for the designation or application of the Person to the Office or Gods immediate nomination or appointment of Kings but for approbation of Kingly Government among other Governments by Judges or others whereby it manifestly appears that Kingly Authority hath no more of Divine Right than any other form of Government And it is manifest to all the World That God did not of his own free choice primarily erect and establish Regal Government but that of the Judges as the best Form of Government but waved his own Prerogative and Wisdom and to gratifie the publick desire of a froward ungrateful and rebellious People who were used accordingly by such their choice and felt the smart thereof accordingly as Samuel foretold so indulgent was God himself to National desires which should be a Document to Kings to comply very readily with the desires of their People in Government of their Kingdom as God here did Besides I must repeat again That no Man can have Lawful Authority to be King over any Nation but he must have it either immediately from God Almighty unto which there can be no possibility of pretence or from the publick consent of the Nation therefore Kings must have their just Authority from the People Let Scripture it self be judge all Israel made Omri captain of the host King over Israel not Zimri and his Son Achab rather than Tibni the Son of Ginath 1 Kings 16. 16 21 22. And the People made Solomon King not Adoniah though he were the elder Brother 1 Kings 1. God by the Peoples free suffrages createth such a Man King because by the Authoratative choice of the People the person is made of a private Man and no King a publick Person and a crowned King 2 Sam. 16. 18. The men of Israel said to Gideon Rule thou over us both thou and thy Son and thy Sons Son also And all the men of Sechem made Abimelech King Judg. 9. 6. So the elders of Giliad made Jepthah head over them Judg. 11. 8 9 10 11. So all the people of Judah made Azariah King instead of his father Amaziah 2 Kings 14. So in the change of Government when Israel not pleased with their Government by Judges whom God himself had appointed over them but would have a King like other Nations Wherein God so far waved his Prerogative that he complied with their publick desire and gratified them therein though contrary to his own Infinite Wisdom And Samuel said unto all Israel Behold I have hearkned unto your voice and in all that yee said unto me and have made a King over you And all the Congregation made a Covenant with the King Behold the Kings Son shall reign 2 Chron 23. 3. God himself by Moses gave the People power to chuse themselves a King and withal directions and qualifications whom and how qualified they should chuse when thou shalt say I will set a King over me like all the Nations round about me thou shalt in any wise set him King over thee whom the Lord thy God shall chuse i. e. according to his Rules and Prescriptions and Dictates viz. one from among thy Brethren shalt thou set King over thee thou maist not set a stranger over thee which is not thy Brother Deut. 17. 15. Consider also those Kings whom God most immediately caused to be anointed Kings and it will
against their Kingdom and their Laws as the People are against them and the Laws when they transgress Do Subjects obey the commands of their Princes which they may lawfully command and which they of right ought to obey without intrenching on God's commands Do they pay them Tribute Sute and Service not contrary to God's Laws as they ought So to obey Cesar is just lawful and praise-worthy But to obey Cesar's exceeding their just bounds commanding without warrant of Law affecting and designing a greater Impery without the consent of the governed or if they invade or violate the Laws of God perverting the right Worship of God who is above all Kings and Governments it is unjust and to assist Cesar's in such cases is unlawful and they that do make themselves partakers of other Men's Crimes Anno Domini 1300. Pope Boniface VIII challenged some Regalia which belonged unto Phillip the Fair King of France whereupon Philip sharply reproved the Pope by his Letter even in those days when the Pope was accounted the Vicar of Christ on Earth and Head of the Universal Church according to Communis error Juris loco erat Notwithstanding the Sorban answered That both King and Kingdom might safely withdraw themselves from their Obedience to the Pope without any guilt of Schism because not Separation but the Cause made Schism and that they did not oppose the Vicar of Christ but a wicked Man guilty of many Crimes Sieur de Mezerai Annales Franciae Archivae Camerae Ratiociniorum Lutet L. Barbar Ph. de Senat. If the Cause be just the Separation is from the high Priest or Bishop not from the Church Or more properly from Boniface not from the high Priest Unless such distinctions and discriminations are allowed for true and Authentick how can the Souls of whole Kingdoms be distinguished and separated from the Church If Kings invade the Rights of God Almighty and oppress his People who are the Temple of God with servitude denying their Rights Priviledges and Liberties which God hath given them and for which Christ died we may much more use the same distinction and in opposition to such Kings or rather Tyrants we may justly say That not the King but the Tyranny is opposed Anno 1408. Benedict XIII did grieviously oppress the Gallican Church with Tributes and Exactions whence a Convocation of the French Clergy being called by Charles VI. they decreed That the King and Kingdom ought not to obey Benedict as being an Heretick and Schismatick and unworthy of any honour which the States of the Kingdom allowed and the Parliament of Paris approved by their Arrest Annales Car. 6. Monstreletus Moreover they whom Benedict did excommunicate as Enemies of the Church they judged them forthwith absolved of such Excommunications and that thereby they were not excluded or deprived of any Benefit or Priviledge of the Church Ibid. The like we read to have been done as at other times in France so in other Kingdoms Which evidently shews That if Kings and Princes or States do tyrannize or extend their Power beyond it's just bounds Subjects may without any just imputation of Delinquency or Rebellion withhold their Tributes withdraw themselves from their Obedience or resist their Tyranny It being one thing to resist an evil Pope another thing to resist the Church one thing to resist a King another thing to resist a Kingdom or Tyranny We read That Edom revolted from under the hand of Judah and made a King over themselves And Libnah revolted from Jehoram 2 Kings 8. 20 22. yet after the true Worship of God was restored we find Libnah numbred among the subjects of Ezekiah Chap. 19. 8. If this distinction be of force when the Pope who arrogantly assumes to himself Superiority over Kings and Princes invades their Rights or the Rights of the Church is it not much more just if Princes I might say Vassals invade the Rights and Regalia of the great God of Heaven and of Earth It stands therefore sure that Princes commanding unlawful things or forbidding Holy things or introducing a False or Idolatrous worship the People or rather Parliaments Dyets Senates the several Officers or inferior Magistrates having a share in the Government and intrusted with the common concerns of the Kingdom by the People both may and ought to hinder or resist unlawful commands All or at least the Governing Magistrates of Kingdoms and Cities as first impowered by God and then constituted by Princes by Authority derived from the People ought to promote in their several Stations and Provinces first the Glory of God and of Holy Church and then the Good and Welfare of Kingdoms Cities and Free States and if they do not it is in them Crimen laesae Magistatis and they become participes criminis by such their sinful connivence Let us now consider what Bishop Bilson Bishop of Winchester as learned and as honest a Bishop and as sound a Divine as ever sate on that See and who hath written a most learned Treatise of the difference between Christian Subjection and Unchristian Rebellion in the days of Queen Elizabeth The Romans did not love the name of King and the Commonwealth of Venice Millan Florence and Genoa are of the same mind many States have Governors for Life and for Years and yet a Sovereignty still remaining in the People or Senate or in the Prelates and Nobles that elect or assist the Magistrate who hath his Jurisdiction allotted and prefixt unto him and may be resisted and recalled from any tyrannous excess by the general and publick consent of the whole State. In Germany the Emperor himself hath his bounds appointed him which he may not pass by the Laws of the Empire and the Princes Dukes and Cities that are under him have Power to use and govern the Sword as God's Ministers in their own charges And though for the Maintenance of the Empire they be subject to such orders as shall be decreed in the Convent of all their States and according to that direction are to furnish the Emperor with Men and Mony for his necessary Wars and Defences yet if he touch their Policies infringe their Liberties or violate the Specialties which he by Oath and Order of the Empire is bound to keep they may lawfully resist him and by force reduce him to the Ancient Government or else repel him as a Tyrant and set another in his place by the Right and Freedom of their Country Bilson's Subjection p. 513. Zuinglius saith That if the Empire of Rome or any other Sovereign should oppress the Truth and they negligently suffer the same they shall be charged with contempt no less than the Oppressors themselves Zuingl lib. 4. Epist Zuing. Occol f. 186. And elsewhere when Kings rule unfaithfully and otherwise than the Rule of the Gospel prescribeth they may with God be deposed as when they punish not wicked Persons but especially when they advance the ungodly and idle Priests such may be deprived of their Dignity as Saul
expressed to which the King himself did assent and by his Diploma approved of it Which Transaction if violated by him all his Subjects Feudataries c. both present and to come shall neither obey nor serve him but shall rather be subject to obey the Duke of Burgundy and his Successors Such was the issue of the violation of Royal Faith plighted And may not all Kingdoms expect the just performance of their Oaths and Stipulations made by their Kings at their Inaugurations who are thereby made the Keepers and Protectors of their Laws And what better Issue can any Kings expect that violate their Oaths and Trusts though by Wiles and Shams and Royal Influences only on Judges and other Officers of their Kingdoms through whose Hands the management of Laws do pass Judges Sheriffs Justices of the Peace Constables Privy-Counsellors Juries c. In summ The chief Impery is so in Kings and other Supreme Magistrates that if they transgress the Laws and turn Tyrants and will not be governed by just Laws unto which they have Sworn it is the just right of Inferior Magistrates and Ordines regni to hinder their Tyranny and reduce the Government to its Pristine State and Condition And in so doing they are so far from being seditious or rebellious as that they do but their Duty to God and their Country as by the above-recited examples appeareth The truth of which appears by many reasons 1. By the Law of Nature on which depends the preservation of all human Societies of which there can be no doubt In all Pacts and Contracts mutually made and consented unto the same Parties by whom the Obligation was made have the same Power to dissolve the same as often as just Reason shall require So they that have Power to create Kings have Power also to curb and censure them So if the Essential Conditions of the Contract for which the Contract was made be manifestly violated and broken the Contract as between Rahab and the Spies is absolutely void Let those that hold Kings accountable to God only shew if they can any Nation so foolish and unwise that willingly and wittingly without force or fear ever submitted so absolutely to any King or Government that they did not expresly or tacitely provide for their own safety and good by observance of their own good Laws It a Conqueror oblige the conquered by Oaths then according to the Civil Law that those that are extorted by force and unjust fear ought not to be accounted Lawful I confess the Pulpits Preach a contrary Doctrine but it is not possible that irreligious or unnatural Conditions got by force unjust fear fraud or wicked practices should be binding or esteemed as Lawful it being a general Rule of right and just founded on the common Principles of Nature so firm and jure that nothing that is manifestly adverse and repugnant to the Laws of Nature can be held for right and just amongst Men. This is generally to be understood of Pacts manifestly unjust or irreligious which no Man can justly require nor any Man justly submit unto though required Such was the reproachful condition required of them of Gabesh Gilead by Nahash the Ammonite that he might thrust out all their right eyes 1 Sam. 11. 2. Such and worse was the condition required by Antiochus the cruel Tyrant of the Citizens of Jerusalem viz. that they should abjure the true religion 1 Macc. 1. 51. In such cases where the conditions of Temporal estate are only heard and Religion not concerned it is better to have respect to their Oath than to their Lives But when Religion is concerned Oaths must be very strictly observed Though all God's Covenants and Promises are Yea and Amen yet are they all tacitely or expresly conditional so that if they keep not Covenant with God God will not keep Covenant nor Promise with them So though God did solemnly swear unto the children of Israel that he would bring them into that very good land that floweth with milk and hâ—â—y yet suffered he none of them to enter but Caleb who was of another spirit and Joshua doubtless yee shall not come into the land concerning which I swear to make you dwell therein Numb 14. 30. and ye shall know my breach of promise or altering of my Purpose verse 34. I the Lord have said I will surely do it unto all this evil congregation that are gathered together against me verse 35. and that justly because they first broke with him Nehâ—m 9. 16 17 18. there being always some tacite or explicite condition expressed or implied in all such Promises as well as Threatnings Therefore as to one and the other God hath given us this general Rule not only with particular Persons but with Nations Jer. 18. 7 8 9 10. At what instant I shall speak concerning a Nation or concerning a Kingdom to pluck up and to pull down and to destory it if that Nation against whom I have pronounced turn from their evil I will repent of the evil I thought to do unto them So when ever I shall speak concerning a Nation and concerning a Kingdom to build and to plant it if it do evil in my sight that it obey not my voice then will I repent of the good wherewith I said I would benefit them i. e. will not do it Whereupon St. Jerom saith Non ergo quod pollicetur Deus statim futurum est sed in eos sua promissa implet qui custodiunt mandaâ—a illius Covenants and Promises on Conditions are equally obliging whoever fails the other is free It is the same amongst Men that are in mutual Stipulation and Covenant whoever first breaks Covenant is a Rebel to the Law and the other is â—râ—e For which cause God blamed and punished Zedekiah the last King of the Family of David for that contrary to his Oath he fell from the King of the Chaldeans As I live saith the Lord surely in the place where the King dwelleth that made him king whose oath he despised and whose covenant he brake even with him in the midst of Babylon he shall die Ezek. 17. 16. ver per 110. And Zedekiah not only by his Oath but by the express Command of God he and his were to be subject to the King of Chaldaea which circumstances made Zedekiah guilty of that Defection and of Perjury I like not that Subjects should on every breach of Oath withdraw their Obedience and depart from their Oath neither do I approve of that Proverb Fragenti fidem fides frangatur cidem but on the contrary do deem it unlawful to break Faith justly plighted but I do deny that Subjects do violate their Faith against Tyrants if they keeping within their own Bounds and Province do use their utmost to make Tyrants keep their Conditions agreed on and hinder them from breaking of them For the Rule is general That Contracts and Covenants either plainly expressed or tacitely to be understood are broken and dissolved by him