them when limited to Kings but must consider them as things meerly Divine the greatest tye in the World above all human Laws Consent and Comprehension then all Nations are equally Slaves and born to no more Liberty than the Subjects of Rex Asinerum whose Wooden Shoes and Canvas Breeches proclaim what a blessedness it is to be born under a meer divine Prerogative But the surest Basis of all right Government is common consent and the most just and honourable End is common good and not such a divine Prerogative as none can understand nor possible for any Mortal to prove God is not more the Author of Regal then of Democratical Aristocratical or any other Form of Government or Power nor more the Author of Supreme than of Subordinate Powers Subordinate Magistrates have their Power as much from God as Kings have and as responsible to God only as they and yet their Powers are not beyond human reprimand and determination Laws are not now to be understood to be any special Ordinances immediately sent from Heaven as of old by the Ministry of Angels or Prophets they now can be nothing else amongst Christians but the Pactions and Agreements of such and such Politick Societies and Power nay the very Essence of Power is so Originally inherent in the People that they cannot justly without injury to God and Natures Law devest themselves wholly of it and it is nothing else but the Might and Vertue which such or such a Society of Men contains in it self and when by such and such Laws of Common consent and Agreement it is derived and deligated into such and such Hands God confirms that Law and so Man is the free natural and voluntary Author the Law is the Instrument and God is the Establisher of both All other Powers not derived from common consent of the People are but Sophisticate and Adulterate in all Princes and they that imbrace such Powers imbrace a Cloud instead of a Juno The Fountain or Efficient Cause of Power is most certainly in the Governed And from hence the inferrence is just That Kings though singulis majores yet are universis minores for if the People be the true efficient cause of Power as undeniably they are its a Rule both in Nature and Politicks quicquid efficit tale est magis tale Hence it 's manifest that as the Governed are the efficient cause so they and their happy estate and condition are the final end of all Governments And it were strange nay monstrous that in conferring and deligating their own Power and Vertue to this or that Man or to these or those Persons to command in Chief for Order and Regulation sake only should aim at any thing but at their own Good and Happiness both in the first and last place Or to express it in another Dialect the Publick Power and Authority of all Societies is above every individual contained in the same Societies of what quality soever Kings or not Kings All Imperial and Royal Dignities are instituted by the Commonwealth to preserve it self and not erected to preserve Royal Dignity otherwise or farther than it conduces to the Honour Safety and Happiness of the Commonwealth And that which is the End is far more honourable and valuable both in Nature and Polity than that which is the Means which leads us to the transcendent Law of Salus Populi to which all Imperial and Prerogative Laws are justly subservient and were they not conducing to those ends they were neither necessary nor yet expedient Plea of Force or Conquest cannot acquit Princes of that which is due to the People who are the Authors and Ends of all just Power for meer force ought not to alter Laws of Nature or frustrate the tenor of Laws of God or Man and if it could yet there were more reason why the People might justifie force to re-gain their undeniable Rights and Franchises than the Imperialists might to subvert the same It being unnatural that any Nation by it's own inherent and natural Virtue and Prowess should meerly establish Tyranny and countenance Slavery and to make that which is most Excellent subservient to that which is most Vile or to advance one from among themselves to the Throne that they themselves might be brought under Axes and Harrows Even Heathen Princes that have been Absolute have acknowledged themselves Subject and Servants to the Publick and born for that service as being well satisfied Populi rem esse non suam No Captain-General hath such unlimited and uncircumscribed Power but that if he should turn his Cannon upon his Soldiers they were ipso facto absolved of all Oaths of Allegiance and bound by a higher Duty both to God and Nature to preserve themselves by Resistance and Defence such tacite and implicite Trusts and Reservations are in all Publick Governments though of the most Absolute Nature and there must be these necessary conditions viz. that the Governed be Safe Free and Happy There is in all Laws a literal and an equitable sense No Government did ever give Power to their Kings for their woe but for their happiness If by the Letter of the Law Kings mis-improve their Power against the equity thereof then they give liberty to the commanded to refuse Obedience to the Letter for the Law taking abstract from its Original Reason End and Equity becomes a Shadow without a Substance a Body without a Soul which distinction if not allowed the very end of all Laws which is to minister impartial Justice indifferently to every Man and to give bounds and limits to the exorbitant wills of Princes and Governors will be disappointed Salus Populi being the Suprema Lex Execution of Laws according to their Equity and Reason is the Spirit that gives life to Authority the Letter kills Equity is so naturally implied in all Laws that are not meerly imperial from the Analogie that all bodies Politick hold with the natural whence all Government and Governors borrow a proportionable respect except we deem Obedience binds Men to cut their own Throats or their Neighbours For Kingdoms must not be without means to preserve themselves which always is intrusted in some certain hand with a Power to provide in an orderly way for the good and safety of the whole All the Priviledges Prerogatives and Authorities conferred on Kings by any People are but as so many Trusts reposed in them to improve for the good and glory of King and Kingdom and not to abuse or use at their own pleasure what ever the exegency of the Kingdom should be If that were so all our Laws would signifie little and therefore if Kings Govern not according to Equity and the Trusts reposed in them that Nation or it's Representatives may demand an Account and Redress For Kingdoms by no Law of God or Nature are to be left without a power and means to preserve themselves The Charter of Nature entitles all Subjects of all Countries to safety and freedom by its Supreme Law. If
Pulpit it that if they do break their Covenants yet they are accountable to none but God What is this less than like false Prophets to create Subtilties and coin Evasions to rob Kingdoms of their Laws Liberties and Religion and to seduce and betray Kings to the pit of Hell even to Tophet it-self A very trick to tempt Kings to break Covenants and Perjure themselves CHAP. VIII Judges-not less essentially Judges and the immediate Vicars of God than Kings What Powers and Prerogatives Kings have they have them from the People The Peoples Prerogatives They are to be governed by Laws of their own making quas vulgus eligerit JUdges are not less essentially Judges and the immediate Vicars of God than Kings They who judge in the room of God and exercise the judgment of God are as essentially Judges and the Deputies of God as Kings Inferior Judges appointed by King Jehosaphat were commanded by him to take heed what they did for yee judg not for man but for the Lord 2 Chron. 19. 6. By which it appears that they were Deputies in the place of the Lord and not the Kings Deputies in the formal and official acts of Judging and so owned by the King himself If they were not then Kings might command his Judges as his Servants to give what Judgment they pleased but Kings ought not to guide or limit the Consciences of Inferior Judges because the Judgment is not the Kings but the Lords the reason is demonstrable for that Kings have no Authority to command any other to do that as King for the doing whereof he hath no Power from God himself Moses appointed Judges but not as his Deputies to judge and give Sentence as subordinate to Moses for the judgment saith he is the Lords not mine Deut. 1. 17. and their directions to guide them in judgment is from God himself by Moses viz. ye shall not respect persons in judgment c. Yet the Judges may quodam sensu be termed Deputies of the Kings because they have their external call from them If Kings are to be obeyed because they are Powers from God so are Inferior Magistrates also for they also are Powers ordained of God. 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. By which it is apparent that the Power of Judges Nobles Princes c. all Officers of the Kingdom not of the King is as really and truly from God as that of Kings and differs not in nature from that of Kings but secundum magis minus only both being Powers ordained of God and to resist either is to resist the Ordinance of God both being Minister of God for the good of the governed both obliged so to Govern that the governed for whose good they are equally intrusted may lead a quiet and peaceable life in all godliness and honesty 1 Tim. 2. 2. and to judge righteously between every Man and his neighbour and not to respect persons in judgment but to hear the small as well as the great and not to be afraid of the face of men and the judgment administred by all is Gods 2 Chron. 19. 6. Deut. 17. 19 20. Isaiah 1. 17. and God owneth inferior Judges as a Congregation of Gods Psalm 82. A Senate of Kings not so stiled any where Yet all are equally called Gods John 10. 35. and that rightly for as Kings are God's Deputies by the mediation of the People so inferior Judges are God's Deputies also by the mediation of Kings and of the People and we find that Judges were some time chosen by the People So Jepthah was made Judge then Jepthah went with the Elders of Gilead and the People made him Head and Captain over them Judg. 11. 11. But that God gave Power of Tyrannizing to Kings so as they cannot be resisted or called to an account which he gave not to Judges cannot be made out by any Scripture What Scripture doth warrant that the People might rise up in Arms to defend themselves against Moses Gideon Ely Samuel and other Judges should they have Oppressed or Tyrannized over the People Or that it is not lawful to resist the most Tyrannical Kings of Israel Judah and yet lawful to resist Oppressing and Tyrannical Judges But certainly God Almighty that made the whole Creation not only for his own Glory but also for the Good and Happiness of the whole Race of Mankind would never give any Power to Kingly or any other Form of Government to Oppress and Tyrannize over the governed uncontrolably and unaccountably whose Blood is always precious in his sight and in whom is all his delight It is monstrous so to conceive and derogatory to the very Mercy Justice and Purity of God that he should Create the whole World for the Comfort and Solace of Mankind in general without respect of Persons and yet at the same time subject them to Kings to be used as slaves or which is as bad not to be resisted or not to be accountable to any human Power if they at any time should Tyrannize Certainly such Opiniators and Preachers of such Doctrines do as much as in them lies to frustrate and defeat the whole design of the Creation which was designed for the benefit joy and delight of the whole Race of Mankind in general and by this Doctrine it shall be at the pleasure of every pettish haughty Prince to make every Principality every Kingdom an Aceldama a Golgetha an Iron Furnace an Egyptian Slavery what not Which God the Great and Wise Creator abhors and manifested his Wrath and Indignation against it by pouring his severe and manifold Judgments upon that very Nation which pleaded nay hectored for his Prerogative so long with God himself till he overwhelmed him and all his Hoast with his Prerogatives in the red Sea. Obj. Abstracta concretis sunt puriora perfectioria The Powers that Kings have they have it from the People who make them Kings and they having no absolute Power over themselves cannot contribute any such Power to Kings The Powers that the People have are only Natural and Legal and Political viz. to make and submit to such Laws as may preserve themselves in Peace and Godliness and from unjust Violence and Oppression by the Conduct and Management of good Rulers Now absolute Power above a Law is a Power to do ill and to destroy Nations which no People have it being against Nature that any should have a Power by the Law of Nature which is the Law of God to destroy themselves Therefore though the People should invest Kings with all the Power that they have yet if Kings Tyrannize over the People to their hurt and destruction they usurp a Power which the People never gave them it not being in their Power to give them the Power it self being against the Law of Nature and consequently against the Law of God for that all acts of Tyranny are Oppression
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
shall be upon the faithful of the Land that they may dwell with me he that worketh deceit shall not dwell within my house he that telleth lies shall not tarry in my sight c. Psal 101. 4 6 7. In Nature it self are found impressions of this Ordinance In Heaven amongst Angels are Principalities and Thrones Eph. 1. 21. and Michael the Archangel Jude 9. Amongst the Sphaers there is a primum Mobile one first moveable Commander of all the inferiour Orbs with his Motion Amongst Stars there are greater and lesser Lights â—â—â—ers amongst the rest the sun to rule by day and the Moon and Stars by night Nay so absolutely necessary is Government that it reaches even to Hell. Devils themselvet have their Principalities Mat. 25. 41. not only over other Creatures but respectively among themselves therefore it is said the Devil and his Angels and Belzebub the Prince of Devils Mat. 12. 24. To say nothing of Brutes amongst which yet Philosophers have observed a perfect form of Regiment and Polity among Bees a Commonwealth Locusts go out by Bands c. And see we not plainly that Obedience of Creatures unto the Law of Nature is the stay of the whole World. In man if nothing else evince it methinks that awful submission to Regiment which natural Conscience suggests to Savages sufficiently proves it As far as that Principle is heard of that there is a King of Kings and Lord of Lords wherever it is known that there is a God that judgeth the Earth it is known also and received that there are Nominal Gods on Earth with reverence next to the Supreme Majesty to be adored But above all natural Conscience amongst other common Notions hath received the impression of this natural Principle how else comes it to pass that a few extravagant Natures and profligated Consciences only excepted such awful Submission is found in all to Men of our own Mould Yet in our Apprehension clad with such venerable Majesty that the guilty scarce behold them without trembling and the Guiltless yield willing reverence to their Persons so every way God hath pleased to make known his Ordinance for Government Magistracy and Laws CHAP. II. Shews the ultimate and final end of all Government Shews the Laws of God and Nature to be the best Guides and that Covenants made between King and People are to be kept both by King and People and the breach thereof alike Penal to King and People and whoever breaks either Laws or Covenants they are Rebels to the Laws and that the People are still the Lords People HAving shewed the absolute necessity of Government it is requisite also to declare the ultimate and final end of all Governments which by confession of all is primarily and especially the Declaration of the infinite Wisdom Goodness and Glory of God propagation of the Gospel and the good of the Governed for whose good all things were created Unto these two all kinds of Governments how variously soever framed according to the different Modes Wisdoms and Understandings of Men and Nations ought to be conformable Let Christ be our great Exemplar who denyed himself his own natural will and life and bestowed himself on us that we likewise might not seek every man his own but every man the good of another imploying our selves on the benefit and service of Church and State and so grow and be built up together in love which is the Consummation and perfecting as of all Saints so of all Governments For as God who is King of Kings and Lord of Lords the only Monarch of the World and whose understanding is infinite in the Government and Administration of this inferiour World designed his own Glory together with the Good and Salvation of the whole Race of Mankind so he expects submission and perfect obedience unto his Laws Statutes and Judgments from all Kings Princes and Governours as his Ministers Be wise now therefore O ye Kings be instructed ye Judges of the Earth and serve the Lord with fear in all your Administrations according to the purport of his Laws and for the ends designed lest the sad Fate of Solomon betide you 1 King. 11. 11. Because thou hast not kept my Covenants and my Statutes which I have commanded thee I will surely rend thy Kingdom from thee and will give it to thy servant Now without all peradventure the Law of Nature is the best and most equal Law and most fit to be imitated which being strictly observed nothing can be wanting to any body and what every one hath is his own for ever For as those who preside over Celestial Bodies are blessed and just minds and Spirits and every one doth most justly govern his own Body so Nature being derived from those Superiour just Souls keepeth the most just and equal order in all her actings which she makes known to all the World. Now the nearer all human Laws do come to the Laws of God and Nature the more certain and the more glorious must their way of living be who live and are governed by such Laws Unto these Laws had those ancient Law-givers respect which eterniz'd their Names and Memories famous to all succeeding Ages Above the rest are celebrated the Laws of Lacedaemon by Licurgus of Athens by Solon of the Locrenses a Town in Italy by Zalencus of the Thurii a City in Greece by Garondas of the Getae a People of Scythia in Europe by Zamolxis a Scholar of Pythagoras and Divine Plato commends the Laws of Crete Isocrates of the Carthaginians but above all the Roman Laws by the Judgment of Polybiis do excel These Laws of these Law-givers tho not the self-same but differing one from the other yet they all tend to one and the same end the Peace Happiness and welfare of the several Nations and People tho they did not march all in one and the same Road and Path thereunto The first Law givers had always the Laws of Nature in which there 's nothing unequal to be found before their Eyes to imitate and conform to them as near as they could but when they made Judicial Laws as they were not all under one Climate nor suckt the same Air so they had not all the same Reason the same Judgment which made the difference in their Laws but yet they all tended to the good and happiness of the People and Nations for whom they were made All right being either from the Law of Nature which is the Law of God or from Custom or from Human Laws The right of Nature always stands on its own Legs by its self without the assistance of Custom or of other Laws and always points and leads to happy life and condition which every Man Society and Nation might enjoy if they would but follow her Dictates and take her for their Guide and Rule to walk by But above all Laws no Laws like to those of the Almighty who is the Lord alone of all the Kingdoms of the Earth for they had
he breaking his Covenant God became free and discharged of his promise and rent his Kingdom from him The same Jeroboam erecting twâ— Calves in Dan and Bethel became â—in unto the House of Jeroboam even to cut it off and was first punished by the death of his Son and then destroyed it from off the face of the Earth 1 Kings 13. 34. And why Because they kept not God's Covenant The Scripture is full of such Examples of the Kings of Israel and Judah As the Gospel succeeded the Law so Kings Christian are in the place and stead of Jewish Kings and are under the same Covenants the same Pacts and the same Punishments and the same God is the same Revenger of all Perjuries and Perfidiousness and Covenant-breaking As the Jewish Kings were strictly obliged to the observation of the Law so Kings Christian to the observation and propagation of the Gospel unto which they Swear at their Inauguration Herod who ought to have advanced the Kingdom of the Lord Christ fearing Christ himself as a Competitor for his Kingdom condemned him to Death Behold how soon he miserably perished and lost his Kingdom How soon was Julian the Apostate in despight of all his obstinacy and perversness brought to his scornful Exclamation and Acknowledgment of Vicisti Galilae Histories both Sacred and Profane Old and New are full of such fearful Examples which may teach all Kings and Princes That though they set themselves and the Rulers take counsel together against the Lord and against his anointed which are his People Psalm 105. 14 15. yet he that sitteth in the heavens shall laugh them to scorn and the Lord shall have them in derision and in his due time shall break them with a rod of Iron and shall dash them in pieces like a potters vessel and make all their enemies their foot-stools Psal 2. 100. And they shall confess the Lamb Christ Jesus to be King of kings and Lord of lords and that they that be with him to be the chosen and faithful Rev. 17. 14. It is wonderful and ineffable to consider that the great God of Heaven and of Earth did not create Men only a little lower than the Angels and in his own Image and give them also dominion over the fish of the sea and over the fowl of the air and over the cattle and over every living thing that moveth upon the earth Gen. 1. 26. but such was his admirable Love to Mankind that he hath in some measure given him a share and part with himself in the External and Worldly Administration and Government of themselves and of the things below in directing them to a Government according to his own Pattern displaied in the Old and New Testament and given them Laws to Govern themselves and Honours and dignifies them with the Title of his own Lieutenants and Vice-gerents nay of Gods I have said ye are Gods c. Psalm 82. 6 7. viz. By me Kings reign and Princes decree justice Prov. 8. 15 16. who in the days of the Prophets and since hath left them unto their own free choice and discretion still observing his Laws and Commands against which no Law can have force And God himself remembring his Covenant the Word which he swore to a thousand Generations became a Pattern to all his succeeding Vicars and Vice-gerents to imitate When he sent Joseph before him into Egypt in his due time to bind Princes at his pleasure and teach his Senators wisdom when he sent Moses his Servant and Aaron whom he had chosen to hector proud Pharaoh King of Egypt and bring out his people Israel with a high hand and stretched out arm and deliver them out of the Iron furnace and Egyptian bondage reproving Kings for their sakes saying Touch not mine Anointed and do my Prophets no harm when he led them through the wilderness by spreading a cloud for their covering and fire to give light in the night when he made the red sea a wall unto them on their right hand and on their left and at the same time overthrew Pharaoh and all his hoast in the midst of the same so that there remained not so much as one of them but brought Israel forth with Gold and with Silver and not one feeble person among their Tribes and gave them the Land of the Heathen for their inheritance and uttermost parts of the Earth for their possession Of such vast and near consequence and concern was the Happiness and Welfare of the People of the Jews though a rebellious generation unto God himself that he used â—his Almighty Power and wrought Miracle after Miracle rather than not deliver them from the Hands of their Enemies and cruel Bondage A notable Document to all Christian Kings who pride themselves and glory in being stiled and esteemed his Vice-gerents to imitate God and his Vice-gerent Moses in all their Governments in keeping Covenants and being in good earnest Nursing-fathers to the governed and carry them in their Bosoms as Nursing-fathers bear their sucking Children and not vex them with their Wyles nor yet with any Oppressions or Tyranny CHAP. III. The true Basis and Foundation of all Governments and right of Legislation is consent of Parties who may delegate and devolve the use of their own power on one or more Persons without devesting themselves of the Supreme Dominion thereof And that common Good is the main end of all Governments Kings made by the People THESE things thus premised I lay this for an undeniable Truth as the Basis of all true Government viz. That Paternal Government excepted to which within their own private Families Nature hath given a Supreme Power throughout the World even from the first Creation thereof and have ever been reputed as Lawful Governors therein no Man nor any number of Men can have compleat Lawful Power or Authority over any number of society of Men but by consent of Men or by immediate appointment of God which position will justice all subsequent Superstructures all other Governments being unnatural violent and usurped and therefore unlawful whereby it is manifest that the whole Right and Power of Government is originally in the Governed who may transfer and vest as much of their own Power as they please on one or more Governors without devesting themselves absolutely of the Supreme Dominion thereof which still remains virtually in them they delegating the Use only not the Patronage and Dominion of their own Power for the better Execution Administration and Regulation of those Laws which by common consent they should make and chuse for the sake of Justice Peace Order and Piety Common good being the main end for which Societies and Governments were instituted by God and Man and without they tend unto that end they are not perfect And in all such delegations salus populi the good of the governed is and so ought to be the Supreme Law and is always so expressed or imployed and so to be undertaken and understood This
King. 14. 21. Did not Jeroboam and all Israel come to Sechem to make Rehoboam King c. as before 2 King. 12. 16. Have not all Nations the same undeniable Right to Capitulate and set Kings over them and bind them by their own Laws and Tearms and by Solemn Oaths It is clear that the Jews in their Sanhedrim Melec and other parts of their Talmud with the Writers thereon that it was the Law and Custom of their Kingdom that their Kings of the House of David especially were to be judged as well as to judge Have not all our English Kings as well as their Subjects had English bounds by Laws quas vulgus eligerit Have not our Kings confessed and owned that we are not bound to serve them but according to our Laws And our Allegiance is not Absolute but bounded and limited by Law. Nay the old Oaths in Saxon and first in Norman times did respect the Kingdom and its common good and profit to defend the Kingdom with the King. Sicut Conjurati fratres ad defendendum regnum contra Alienigenas contra injurias una oum Domino Rege c. That which is said before concerning the Right of Government is as justly and as undeniably applicable to the Right of Legislation whereby to Govern which Power God uncontrolably hath over all the World. And by the Law of Nature whereunto the whole Race of Mankind is subject the lawful Power of making Laws to command and govern whole Nations Kingdoms and Politick Societies of Men belongeth so properly unto the same intire Societies that for any Person how Mighty and of what Degree or Kind soever on Earth to exercise the same of himself and not either by express Commission immediately and personally received from God unto which there can be no possibility of pretence but by Impudence or else by authority derived by consent and suffrages of those Nations and Kingdoms on whom they violently impose Laws it is no better than meer Tyranny Just Laws therefore they are not which publick approbation by their own consent hath not made so For what Princes or Potentates soever Govern they never so wisely and with never so good intent and design with never so good success yet nevertheless they transgress both divine and human Laws if they have not the publick Sanction and Stamp of the governed for their right of Governing them The Will Pleasure and Commands of God are the only perpetual and immutable Rule of Justice to which all Men without exceptions ought to submit and obey absolutely The Commands of Princes though his Vice-gerents are to be obeyed only on conditions viz. so that they command nothing that is sinful or contrary to the Law of God or Nature or municipal Laws of the Country Princes that require such Obedience to their Commands do as much as in them lieth make their Thrones equal to the Throne of the Almighty who never hath given nor never will his glory to another Isaiah 48. 1. The command of Pharaoh to slay the Hebrew children Exod. 1. 21. was unjust and God blessed the Midwives that refused to obey it So God blessed Daniel and the rest that refused to fall down and worship Nebuchadnezar's prodigious Idol So Abdias refused to slay the Prophets contrary to the command of Jezabel but on the contrary hid them from her fury and nourished them 1 King. 18. 13. So Matathias opposed and resisted Antiochus commanding Sacrifices to be offered to Idols So Christ and after him the Apostles preached the Gospel publickly and privately contrary to all commands of Cesars chief Priests and Scribes alledging for their Justification Acts 5. 22. Whose examples the holy Marters followed The Authority of all Magistrates be it never so great is bounded and circumscribed by God himself by Piety and Charity and if they trangress those Rules the 5. of Acts 22. takes place lest we be found in the company of those mentioned Mich. 6. 16. whom God cursed for that they obeyed the wicked commands of Kings CHAP. IV. Examination of some different Opinions Kings though nominated by God yet had their Confirmation by the People on their own tearms and have a just right to chuse or reject to limit and bound them HAving thus demonstrated the absolute necessity and profitableness of 〈◊〉 the final end and efficient cause and just right thereof where and in whom vested wherein I have not used cunningly devised Sophismes or 〈…〉 to the custom of some Priests and Jesuits but plain demonstration of Truth according to the Law of God of Nature and of Reason neither 〈◊〉 I singular in thâ—se Positions and Fundamental Basis and right of all just Dominion but have followed herein Judicious Hooker that English Oracle and Padre Paolo that Oracle of 〈◊〉 and divers others And whoever will peruse the Collection of the Authors 〈◊〉 Goldastus or the Avant-Proposdes Lettres Embassade de Missire Philipe Canays 〈◊〉 de Fresne wherein are the Names and Titles of 145 Tracts wherein you 〈…〉 divers good Authors of the judgment back'd with sound Reasons for such 〈…〉 But because nothing can be so advisedly so carefully so punctually 〈◊〉 as to escape the contradictions of subtle prevaricating and perverse wits I shall 〈◊〉 the liberty to examine the different Opinions of some others and those not 〈…〉 but shall not clog this Paper with many Names it 's enough to name 〈…〉 viz. It 's certain that Kings have their Power from none but God boldly said 〈…〉 be justified by any Law of God of Nature or of Reason it is pure 〈…〉 Doctrine and diametrically opposite to those who affirm That all 〈…〉 Laws of God and Nature is immediately in the Multitudes as in its 〈…〉 confer the same on one or more by the same Laws of God and Nature The 〈…〉 give is Obj. That by Natures Law no Man can give that which he hath 〈…〉 hath just power of his own Life and Death or Members therefore much less of 〈…〉 therefore the People cannot establish Government because they have 〈…〉 or Death no not of their own and therefore cannot confer any such power 〈…〉 who gives Life hath that Power and they to whom he gives it Sol. No more havâ— Kings without some lawful Power conferred on them so to do which they cannot 〈◊〉 have immediately from God and therefore must have it aliunde viz. from and by consent of others Hence that Command Thou shalt not kill Exod. 20. 13. whâ—sâ— sheds 〈…〉 by Man shall his blood be shed At the hand of every beast will I require it 〈…〉 hand of man at the hand of every man's brother will I require the life of man Gâ—n 9. 〈…〉 Thou shalt not kill is the general Precept of God and Nature and obligeth 〈…〉 private Men. And whoso shedeth mans blood by man shall his blood be shed by 〈…〉 is by the Magistrates whose Power is here established for sheding the Blood 〈…〉 Murderers as the Chaldee expresseth it saying With
set a stranger over thee which is not thy brother 2. By the constant practice of the jews under the Prophets and since And not without this moral reason That one from among themselves being by their consent and suffrages set King over them that what Authority soever they grant unto Kings they may acknowledge to have had it from the People and therefore obliged more readily to imploy all their times studies strengths and endeavours for the good of them who set them over themselves to take the burden of the Government upon their Shoulders and therefore they consent to pay them all Honour allow them great Priviledges and Prerogatives and give them Munificent Tributes and Maintainance for the Support of them and the Governm nt and swearing Allegiance unto their Kings and the Kings swearing unto the People to keep Faith with them in the due performance and execution of the Laws already made and to be made The reason formerly set down doth warrant this viz. No Man hath or can have any lawful Power to Govern Kingdoms and States but he must have it either immediately from God himself which no Man now can possibly pretend unto or by consent of the Paâ—tâ—â—s The Elders of Israel being the representative 1 Sam. 10. 19. of the whole Kingdom for by that name are generally meant Centurions Captains Judges Princes of all the Tribes â—f Israel c. came to Samuel in Ramah desiring a King to 〈◊〉 in and out before 〈◊〉 like the Nations at whose instance Samuel did anoint Saul to be their King neverless Samuel that Saul might know that he was chosen by the People called all the Peâ—â—â— together in Mizpeh by their Tribes and by their Thousands where as if the farmer Election and Anointing had been insignificant they cast lots which â—ell upon the Tribe of Benjamin and Saul the Son of Kish was taken and all the People shouted and said God save the King 1 Sam. 10. 17 c. All which was done at the Peoples instanceâ— And lest the Election of the King should be attributed wholly to the chance of Lots all the People by the advice of Samuel some few grumbling Dissenters excepted having said Shall Saul reign over us 1 Sam. 11. 13. went to Gilgal and renewed the Kingdom there and made Saul King before the Lord in Gilgal ver 14. 15. Which manifests that though Saul was chosen by God himself and also by Lot yet was constituted confirmed and approved by the suffrages of the People God indeed before ever there was a King in Israel knowing that they would reject him and foolishly desire a King like all the Nations round about them prescribed Rules and Laws whereby they ought to Govern Deut. 17. So David Samuel Saul being rejected by God from Reigning over Israel by God's command anointed David at â—ethlâ—m whom God had chosen King over Israel Did David therefore Reign though so chosen by God himself and anointed by his own command No sure he was so far from it that he avoided the presence of Saul hiding himself from him and arming himself with the Sword of Goliah and armed Men against the evil designs which Saul had against him and fled from him wandring up and down and became as it were an exiled and Out lawed Person and was not King till Saul was dead nor then neither until all the People of Judah first chose him King of Judah by their suffrages And seven years after all the Tribes of Israel and all the Elders of Israel came â—o Hebron and made a Covenant with him before the Lord and then they anointed David King over Israel 1 Sam. 16. 13. 1 Chron. 11. 3. 2 Sam. 5. 3. Besides if Samuel's first anointing of David King had formerly made him King then either Saul was thereby deposed or else there were two Kings of Israel at one time which is monâ—â—ous to conceive for according to their Doctrine Kings have no Royal Power from the People but it is manifest David was not King for that after his being so anointed he oâ—ten called Saul the Lord 's anointed and that by the Inspiration of God's Spirit Moreover he neither challenged nor executed any Royal Authority till he was crowned King by all Israel at Hebron but was persecuted and hunted as a Partridge on the Mountains and that as a Rebel to Saul of which he acquitted himself when he had the Life of Saul in his power and yet would not take it which he justly might have done had he been really King and it had been a crime in him being King not to have executed his Royal Authority in doing Justice and Judgment by cutting off Saul a murtherâ—r who killed the Priests of the Lord especially seeing Saul according to such doctrine must be but a private murtherâ—r and David the only lawful King. Whereby it is apparent that not Samuâ—â— s Oil but the consent and suffrages of the People that made both Saul and David Kings Whereby it is apparent that though God appointed David to be their King yet not so Absolute but that he should be under and subject to agreements with his People and make a Covenant with them on tearms to which he should be obliged to perform with them as they with him and this before the Lord by which Covenant he was obliged to keep within the Boundaries which God and the People had set So David was twice anointed 1. By the Prophets by God's command in token of his Election 2. By the instance and suffrages of the People in Confirmation of his being constituted King by them 2 Sam. 4. 11. 5. 13. So it is true that by God Kings Reign yet so as not without the Peoples Consent Approbation and Covenants first had that he may Reign over them for their good Besides Kings receive not their Kingship immediately from God nor the Sword because the People were first girt with the Sword. Moreover will any Christian say that the Kings of Nations who lived without God in the World did Rule and Reign by Gods immediate appointment I trow not The like is observable in Constituting Solomon King who though David 's Son and God chose him to sit upon his Fathers Throne and to be a Father unto him as he had promised David 2. Sam. 7. 13 14 15. And though David had promised his People that Solomon should succeed him and sit upon his Throne yet this was not sufficient and therefore David assembled all the Princes of Israel and the princes of the Tribes and the captains of the companies and captains over the thousands and the stewards over all the substance of the possession of the King and of his Sons with the officers and with the mighty men and with all the valiant men which bear any publick office and as it were the representative of all Israel and consequently had a share in the Government and in the Election unto Jerusalem This great congregation made Solomon the Son of David King
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
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
be manifest that the People even in such choice had their share their influence and their power also as in Saul And all the People went to Gilgal and there they made Saul King before the Lord in Gilgal 1 Sam. 10. 15. And several Writers are of opinion that Saul was not only anointed with Oyle first privately by Samuel 1 Sam. 10. 12. but also at two other times before the People once at Mizpah an another time at Gilgal So David though he were anointed of the Lord by Samuel yet all the mâ—n of Israel came with a perfect heart to Hebron and anointed David King over Israel and made a Covenant with him before the Lord 1 Chron. 11. 2. 12. 38. In summ Many Writers of several Persuations from these examples conclude that the People under God make the King. Beside the want of the publick Stamp of the People made Zimri who had usurped that Title and Office no King and yet made Omri King 1 Kings 16. 16. And those whom the rulers of Jezreel at Samaria 2 Kings 10. refused to make a King were no Kings This Power of the People made Athaliah a Princess no Princess by their translation of the Crown to Joah 2 Cron. 23. There 's now no Voice no immediate Oracle from Heaven no Samuel no Elisha no inspired Prophets to anoint David not Eliab Solomon not Adoniah no particular persons and therefore no persons can have a just Title to Crowns but by choice and approbation publick God hath only ratified the Kingly Office and described fit qualifications viz. Men of truth hating covetousness c. Exod. 18. 21. Deut. 1. 16 17. but doth not now name or appoint particular Persons but hath left it wholly and freely to the People to chuse for themselves and make their own Conditions It is farther observable that Saul after Samuel from the Lord had anointed him remained a private Person and no King till the People had elected and made him a King. So David though anointed by the same Divine Authority yet remained formally a Subject and not a King till Israel made him King at Hebron So Solomon though by God designed and ordained to be King yet never was King till the people made him King 1 Kings 1. What greater demonstration can there possibly be than such Scriptural both Precepts and Examples as are here set down for justifying of the right of the People in the choice of Kings and not only in the free choice of this or that Person to the Diadem or to this or that Government but also in the alteration and granting of Succession and in the change and alteration of the very Form of Government Moreover by God's owning Kings to reign by him Prov. 8. 16. is no more than God's general owning and constituting all things else viz. thine is the greatness and the power and the glory and the victory and the majesty for all that is in Heaven and Earth is thine thine is the Kingdom O Lord and thou art exalted above all both riches and honour come of thee and thou reignest over all and in thine hand is power and might and in thine hand it is to make great and to give strength unto all 1 Chron. 29. 11 12. This general Right and Power of the Almighty doth not abolish or impeach the Natural Right of his People in chusing themselves a King on their own Tearms and Laws woful experience having taught them that to live by one Man's will would be the cause of all Mens miseries the truth whereof we see experienced to this very day both in the Eastern and Western Empires which constrained them to devise Laws for the Regulation of every Man 's just Right that no Man might by lawless Dominion oppress another but that all should be governed by their own consent by Laws of their own making respect always being had Christianly speaking to the Laws of the Almighty Cui plus licet quam par est plus vult quam licet A People may be without a King but there can be no King without a People and therefore Kings not particularly and immediately named by God must own their Establishment and Inthronization to the People and ought to be accountable in some cases to them for they that give Power are by just Reason accounted greater and more honourable than they that receive it according to that old Maxime Quicquid efficit tale est magis tale and though Kings are to be accounted singulis majores yet are universis minores For Kings are not Patrons of their Kingly Power but Administrators and deputed Executioners thereof Now it necessarily follows that by the same Reason Kings have their Authority from the People so to them they are of right to be accountable for they chuse them and covenant with them for their own good If by God Kings do reign by God also the People have right and liberties to be governed how they please for the immediate appointment of Kings by God himself by his Prophets being now ceased the application of the Powers of the governed to this or that Person is left wholly to the common consent of themselves Be the right of Kings and of the People what it will from God they both equally derive it Wherever the People create themselves a King by the same right he is accountable to them and it participates as much of Divine right for the People to curb and oppose oppressing wicked Kings as to make Kings according to the 149 Psalm 8 9. To bind their kings with chains and their nobles with fetters of iron To execute upon them the judgment written this honour have all his Saints Nay God 's own People on whom he had set his Love had his own Command that when he had brought them into the Land whither they were going to possess That they should smite them and utterly destroy them and shew no mercy unto them Deut. 7. 1 2. Kings are constituted by God and Man to go in and out before them for Protection and Comfort not for Violence and Oppression and it is by righteousness that the Throne is established and iniquity will be the ruine of any Nation fury is not in him Isaiah 27. 4. And God himself hath given no Power to Kings Princes or Potentates but what is just and honest and hath tied them up and bound them by Laws viz. He shall not multiply horses to himself he shall not multiply wives to himself that his heart turn not away neither shall be greatly multiply to himself silver and gold And it shall be when he sitteth upon the Throne of his kingdom that he shall write him a copy of this Law in a Book And he shall read therein all the days of his life that he may learn to fear the Lord his God to keep all the words of this law and these statutes to do them That his heart be not lifted up above his Brethren and that he turn not aside from the
commandment to the right hand or to the left to the end that he may prolong his days in his Kingdom Deut. 17. 16 20. If they so Reign then by me Kings reign is well applied but if they walk contrary then they are no more God's Vice-gerents but the Devils For God never gave encouragement to Princes to work wickedness or to oppress or harrass Subjects but punished them for not Governing righteously The Premisses considered will certainly yield this undeniable conclusion That because God hath given the governed Power and Instruction whom to set Kings over them viz. this Man not that one from among their Brethren not a stranger which is not their Brother therefore the People have a Power to chuse this or that Man for their King. The Reasons are clear for that God's Law doth not impower an Ignis fatuus a non-ens nor can God's Law countenance or abet an unlawful Power or an unlawful Action but interdict it Besides there being now no immediate inspired Prophets as Samuel or Elisha to anoint David not Eliab Solomon not Adoniah nor any Man by Natures Law born with a Regal Diadem on his Head or Scepter in his Hand It must necessarily follow That Kings must have their Power from the suffrages and consent of the governed if they will Govern Lawfully and not be Usurpers And it was so from the first Institutions of publick Government For when the World began to multiply and reciprocal Injuries Injustices and Oppressions did increase among them the Light of Nature and common Sense did dictate unto them That there was no way to prevent and redress all evils of Oppression Injustice c. incident to the whole Race of Mankind but to come to an Agreement and Composition among themselves by Constituting some kind of publick Government and by submiting themselves thereunto And that unto whom they granted Power and Authority by them the Peace Tranquility and happy Estate of all might be procured Men always knew that when Force and Injury was done they might by the Law of Nature defend themselves They likewise knew by the Instinct of Nature that howsoever Men might seek their own profit and happiness yet if this were done with Injury unto others it was not to be suffered but by all Men and all good Means to be withstood They knew also by the same Light that no Man might in Reason take upon him to determine his own Right and therefore debates and troubles would be endless except they gave their common consent all to be ordered by some whom they should agree upon without which consent there were no Reason that one Man should take upon him to be Lord or Judge over another and therefore for manifestation of this their Right and peaceable Contentment on all sides the Assent of them who were to be governed became absolutely necessary So Judicious Hooker and all prudent Authors writing of Government CHAP. VII Whole Kingdoms to be preferred before Kings Deputators to be preferred before Deputies Kings are not immediately from God but from the People who may limit and bind Royal Power as they please The People give only their Politick Power to Kings reserving their Natural Power for self-preservation and happiness which they cannot resign nor deligate without sin Law acknowledgeth no Supremacy nor Sovereignty but according to Law. Covenants have been made with Kings both under the Law and since and are equally binding both to King and People The People cannot absolutely and unaccountably resign their whole Power to Kings without sin manifestly thereby breaking Covenant first made with God. SEeing Kings are constituted and appointed by the People and for the People to preside over them and manage their own Government and to defend them by going in and out before them to fight their Battels and to see that Judgment be impartially and indifferently administred it naturally and undeniably follows that whole Kingdoms are to be preferred before the Kings thereof as the good of the whole is to be preferred before the good of any part Mr. John Turner in his Sermon September 9. 1683. though he extends Passive Obedience and Prerogative far beyond their just limits yet ingeniously confesseth That the Interest of Nations is to be preferred before the Interest or Welfare of any one Man and grounds it on the Prophecy of Caiphas John 11. 45 50. That it is expedient that one man should die for the People and that the whole Nation perish not which he accounts a sure word of Prophecy that is the Testimony of God himself that a greater Interest of Mankind is to be preferred before a lesser p. 20 21. Such force there is in conferring Authorities that they who receive Authorities are necessarily to be esteemed inferior to those who give them Potiphar the Aegyptian set Joseph over all his Family Nebuchadnezar set Daniel over all the Province of Babylon Dan. 2. 48. Darius set One hundred and twenty Presidents over his Kingdom and yet did not devest themselves of the Dominion of their own Power and Authority So the People set Kings over them as chief Ministers of their Government without devesting themselves of the vertual Power and Dominion thereof Which title of Minister good Kings refuse not to acknowledge but imbrace and for some Ages among the Roman Emperors none unless manifest Tyrants such as Nero Domitian Caligula would be called Lords And therefore Holy Writ stiles them Shepherds to feed them Psalm 78. 79 71 72. Captains to defend them and go in and out before them Ministers of God for their good Rom. 13. 4. Nursing-fathers to carry them in their bosoms as a Nursing-father beareth the sucking Child Numb 11. 12. Isaiah 49. 23. A Kingdom or Commonwealth may be compared to a Ship where the Master chuseth the Pilot who is chosen to steer the Ship in its right course that it strike not on the Sands nor against the Rocks in which imployment as all the rest so the Master himself obeys and submits to the Pilot who notwithstanding is Servant to the Ship and to the Masters So Kings are in the place of Governing but the People in the place or right of Dominion Besides a Common-wealth when Christian is the inheritance and anointed of the Lord Psalm 105. 15. made of the same Mould redeemed with the same precious blood as Kings are Act. 20. 28. and whose deaths are precious in his sight and the destruction but of one of them is the violation of God's own Image Gen. 9. 6. And therefore the death and destruction of a Kingdom considered as a Church of an innumerable company of Men is of more concern with the Almighty than the death of a King. For Kings are not God's Inheritance nor his Chosen nor the Sheep of his Pasture nor the Redeemed of his Son because Kings but as they are the created Images of God in common with all other Men their Subjects And all those high and mighty Titles Prerogatives and Priviledges by which they
sit on Thrones are given unto them by Men as Men chosen from among themselves and if upon just occasion dethroned then they are but as one of themselves again Moreover If God gives Kings to be a ransom for his Church as Pharaoh King of Egypt Isaiah 43. 3. and slay famous Kings as Sihon King of the Amorites and Og King of Bashan Psalm 136. 18 19 20. If he puts a two-edged sword into the hands of his Saints to execute vengeance to bind their Kings in chains and their Nobles with fetters of iron to execute upon them the judgment written Deut. 7. 1 2. This honour have all his Saints Psalm 14. 7 8 9. If God plead with Princes and Kings for having the spoil of the poor of his people in their houses and for beating his people to pieces and grinding the faces of the poor Isaiah 3. 13 14. If God make Babylon and her King a threshing floor for the violence done to the inhabitants of Sion and plead the cause of Sion and take vengeance for her and make Babylon a heap a dwelling-place for Dragons an astonishment and hissing without an inhabitant and make them roar like Lions and yell like Lions whelps Jer. 51. 36 37 38. Then Christian Commonwealth as his People are more precious in the sight of the Lord than Kings because they are Kings Besides Kings are but single Persons and Kingdoms and the Church consists of Millions and certes the Lives Welfare and Happiness of Millions are to be preferred before one though he should be worth Ten thousand of them in respect of outward splendor and pomp for there is no respect of Persons with God for all God's delight is in Saint-ship not in King-ship Besides Nature prompts unto a necessity of Government but not unto Kingly Government for that innumerable People may and do live without a King but there can be no King without a People And the very Essence of Government and Governors is preserved safe and intire in Aristocracy or Democracy in the People though there should be no Kings Besides the People were a People before there was any Government Paternal and Domestick excepted and there is a People where there is no King but there can be no King without a People Take away the People and Dionysius the Sicilian Tyrant will be but a pitiful Pedant Take away the Basis of a Collossus though that of the Sun at Rhodes and the whole Fabrick and Superstructure must necessarily fall to the Ground If the People do but withdraw and re-call their own Powers to its proper center Tarquin will quickly quit Rome Besides How came they to be Kings Were they created of any â—iner dust or were they redeemed by a more precious Blood than any of the rest of the Race of Mankind Dropt they out of the Skies Or sprung they out of the Earth like Mushromes in a night If not so nor so How came they by their Kingly Dignity Even by the choice and gift of the People who make choice of one from among themselves to sit like a Pilot to Steer the Government for the good of the governed and therefore they contribute all their Eyes Ears Hands Feet nay their whole Bodies and Purses to exalt enoble and enable him the better to go in and out before them to judge Uprightly to plead their Causes and to minister Justice indifferently Do Kings misbehave themselves then may also the People withdraw their Eyes Ears Hands Feet Strength Purses and then Kings will be like one of themselves again Seeing therefore Kings are made by the People and for the good of the People and cannot subsist without the People and the end is more to be preferred than the means Why should it seem strange to Christians rational Men that Kingdoms are to be preferred before and to be held Superior unto Kings Kings are given of God as gifts for the preservation comfort and good of his People his Chosen his Inheritance the work of his own Hands and the redeemed of his own Blood to be Nursing-fathers to them and therefore must be of less esteem in the sight of God than those to whom and for whose good and happiness they are given since the gift as the gift is in worth much less than Kingdoms for whose sake Kings were given Besides who by office were obliged to Fight the Kingdoms Battels by going in and out before them and to Jeopard their lives for the safety of the People must be inferior to the People Moreover The Royal Legislative Power is joint and co-ordinate with King and People and consequently the Power also and so no necessity to fetch a Royal Power from Heaven to be immediately infused in them seeing the People have such a Power in themselves The People in all well constituted Kingdoms can and do limit and bind Royal Power by Law and those who can limit and take away can give Power and it is ahsurd to conceive that the People can put restraint upon Powers immediately derived from God. Though Kings command in some sense the People by their executive Power of the Laws above them yet the People have the Original and Natural Power above them because they make Kings and in God's intention Kings are given wholly and intirely for their good and if Kings do not so execute they do as much as in them lieth make void and frustrate the whole design of their Government instituted and established by God and Man and forfeit their right of Governing The People give to Kings a Politick Power for their own safety and quiet living and they keep their Natural Power to themselves of which they cannot devest themselves and they do not break their Covenant nor their Laws when they execute Natural Power for their self preservation The People by their Original or Natural Power make Kings after Kings as when Saul died they made David at Hebron after him Solomon after him Rehoboam and so on And therefore there is more Fountain and Natural Power of Royalty in the People than in David Saul or any King in the World for it is not any where read that Saul or any other King made an other absolute King. Those Tribunals that make Kings must necessarily be above Kings and though there be no Tribunals formally above Kings yet there is naturally and virtually a Power in the People in those who have a joint co-ordinate Power in the Legislative Power and share in the executive part of the Laws as all Officers of Kingdoms have to erect a Tribunal over them It is false and absurd to conceive that any People have or can lawfully resign their whole Liberty into the Hands and Power of any Royal or other Government it being against the Law of God and Nature so to do Obj. Nemo dat quod non habet For the People have not an absolute Power to destroy themselves or to authorize Violence Oppression Injustice or other acts of Tyranny and therefore cannot resign it to
any Government no more have Kings for neither God nor the Law of Nature hath given any such Power to Men. And God gives Kings as a Blessing and happily as the best of Governments but if thereby the state of Slavery must uncontrolably be intailed upon them as it necessarily must be if they renounce their whole Liberty it 's a Curse rather than a Blessing but they can no more give it away than they can give away their rational Nature and deny themselves to be reasonable Creatures for it is a Power natural to preserve themselves essentially adhering to every created Being Besides they cannot resign their whole Power as Priests would have them without manifest sin God having made an express Covenant with all the People of Israel that they should be his peculiar People and he would be their God the purport of which Covenant was That all the People should take care that he should be purely worshipped throughout all the Land which Power they cannot resign to Kings unaccountably and absolutely without manifest breach of Covenant and so sin in breaking Covevant with God and thereby provoking his wrath and indignation would pull down Vengeance upon whole Kingdoms Of which more fully hereafter O! Sovereignty is not in the People no more than a whole Kingdom can be one Man Sovereignty being the Abstract and Sovereign being the Concrete What then yet the Power of giving Sovereign Power to this or that Man according to Laws is naturally and radically in the People Obj 〈◊〉 May 4 Car. 1628. the Commons having framed a Petition of Right to be presented to his Majesty and desiring the Concurrence of the Lords they made this addition viz. We present this our humble Petition to your Majesty with the care not only of our own â—â—berties but with due regard to leave intire that Sovereign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People Which tearms of Sovereign Power were so distasteful and chagreen to the Commons that they would by no means admit of them alledging for their justification That they seemed to be another distinct Power from the Power of the Law They were never used in any Parliamentary Petition or Magna Charta or in any Confirmation thereof If they should grant it it would seem to imply a Sovereign Power above our known and established Laws which are well known to the Kingdom but they know no Sovereign Power It was a new thing and they would by no means have it inserted into the Petition And the Statute of Magna Charta did bind the King and all his Sovereign Power Upon which ground it was left out Besides Titles of Supreme and Sovereign are verba Solemnia words of course titular and complemental relating only to their Persons but confers no Power what Sovereign Power Kings have are given and limited by Laws of common consent and not absolute What other Laws of Sovereignty there are of right belonging to them nemo sit is past all understanding Absolute Sovereignty in Kings hath no warrant by any Law of God or Nature that belongs to God only who is Lord of all Kingdoms of the Earth and therefore there is no Sovereign Power wherewith Majesty is intrusted either by God or Man but only that which is for the Protection Safety and Happiness of the People which is the Suprema Lex and the cause is very reasonable for that uncontrolable Authority easily degenerates into Tyranny And that Sovereign Power which is in all Governments is in the Legislative Power of that Government settled by Laws of common consent And King James in his Speech to the Parliament March 1609. stigmatizeth Power not bounded by Laws with the black Character of Tyranny yea Tyranny accompanied with Perjury Obj. The People have not Power of life and death What then No more have Kings until impowered by Laws of common consent yet the Power of life and death is eminently and virtually in the People collectively taken though not formally yet they have Power over their own lives radically and virtually for that they may subject themselves to Magistracy and to Laws made by common consent the violation of which may be capital and sanguinary And Kings have no other lawful Power over the lives of their Subjects but by Laws made by like common consent That under the Law and since there have been mutual and reciprocal Covenants between King and People is without all dispute and beyond all contradiction 2 Sam. 5. 3. 1 Chron. 11. 3. 2 Chron. 23. 2. 2 Kings 11. 17. And that they were as equally and reciprocally binding is as true else Why should such Covenants be made publickly before the People if Kings did not in the Covenant tye and oblige themselves to the People And why so solemnly to be made before the Lord in the House of God if not intended to be kept or might uncontrolably break them at pleasure Was God to be called upon and to be a Witness to a figment nay to a cheat Ab sit no all the Covenants mentioned in Holy Writ whether between God and Kings or between Kings and People are mutual I will be your God and you shall be my Poople Levit. 26. 12. The Covenant is so strictly mutual that if the People break the Covenant God is freed from his part of the Covenant Zach. 11. 10. All Covenanters are under a Law before Men. So if Kings break Covenant with their People the People are freed of their Obligation to them If the Oath of God be broken as the Covenant between Abraham and Abimelech Gen. 21. 22 23. Jonathan and David 1 Sam. 18. 3. So the Spies profess to Rahab in the Covenant that they made to her Josh 2. 20. And if thou utter this our business we will be quit of thine Oath which thou hast made us to swear The Obligation of Kings in their Oaths and Covenants to the governed floweth from the peculiar Obligation National betwixt them and the governed and bindeth Kings as Kings for that such Oaths and Covenants are entred into and taken in relation to Government only and therefore are not taken meerly as Men as some vainly suppose but as Kings or as they are to be Kings over them because it is the specifick act of Kings that they are to be obliged unto to Govern the People in righteousness and holiness with their Royal Power which is given them by the People for no other end and they undoubtedly sin before God if they break their Oaths and Covenants made with the Common-wealth And to assert otherways is to suppose Kings to be under no Law of God and so consequently make them either above God or coequal with him which is no other than down-right Blasphemy Therefore it is undoubtedly true that Kings Covenanting with the People to Govern according to the Laws of God and their own municiple Laws and on that Condition receive Thrones Crowns Tributes c. from them and are
Tyranny which Conspiracy though acted so very privately and as it were by stealth yet blamed neither by God nor Man but justified by all Writers both Sacred and Prophane and the success answered the end designed As the King so all Israel as one Man the several Cities as parts of the Kingdom and their Magistrates did covenant with God to keep his Laws c. Joshua when old and near his end congregated all Israel in Sechem in the Presence of the Lord for the Ark of the Covenant was there and called for the Elders of Israel and for their Heads and for their Judges and for their Officers and they presented themselves before God Josh 24. 1. And he said unto them fear the Lord and serve him c. and the People answered and said God forbid that we should forsake the Lord to serve other Gods ver 14. 16. And Joshua said unto the People ye are witness your selves that you have chosen you the Lord to serve him And they said we are Witnesses ver 22. So Joshua made a Covenant with the Lord that day and set them a Statute and an Ordinance in Sechem And Joshua wrote these words in the Book of the Law of God and took a great Stone and set it up there under an Oak that was by the Sanctuary of the Lord and Joshua said unto all the People Behold this Stone shall be a Witness unto us for it hath heard all the words of the Lord which he spake unto us it shall be therefore a Witness unto you least you deny your God ver 24 25 26 27. Hence it is evident that as every individual Person so more especially all Officers in a Kingdom that have any publick Authority ought every one in their several stations to take care that God's Law be fulfilled and of the Peoples happiness which Officers are Officers of the Kingdom from whom they have their Authority according to Laws of their own making and to them they are accountable If the Ark of God be to be brought back then all of the Congregation of Israel are to be summoned and consulted and to give their help 1 Chron. 13. 2 Chron. 15. So if a Temple be to be built to the Lord the chief of the Fathers and Priests of the Tribes of Israel and the Captains of Thousands and of Hundreds with the Rulers are summoned and moved to offer willingly 1 Chron. 29. So that there is no power committed to Kings to alter or change the Laws Covenants or Worship of God. So in the Covenants under Joah and Josiah between God the King and the People all the Kingdom were present and all were particularly bound to keep and stand to the Covenant so that not the King only but the Kingdom nor the Kingdom in general only but all the Parts thereof promise Faith and Allegiance to God Almighty Not the King only but Israel not Israel only but the Cities and chief Governours of them did secretly bind themselves to God to do him homage and leige Services against all Infractors of his Laws 2 Kin. 11. 23. 2 Chron. 23. For Example Libnah revolted from Jehoram because he had forsaken the Lord God of his Fathers 2 Chron. 21. 10. So Mattathias and all they that fled from the Persecution of Antiochus joyned themselves together and smote sinful men in their anger and wicked men in their wrath and they pursued after the proud men and the work prospered in their hands So they recovered the Law out of the hand of the Gentiles and out of the hand of Kings neither suffered they the sinner to triumph 1 Macc. 2. 42 47. saying We will not hearken to the Kings word to go from our Religion either to the right hand or to the left verse 22. So his Son Judas Maccabeus was valiant for the truth and fought for the People and the Sanctuary so prosperously Deo favente against Antiochus that he recovered Jerusalem and restored the pure worship of God from the Gentiles 1 Macc. 3. Though others took part and were obedient to Antiochus and they fell together with the Persecutor for their so doing by the edg of the Sword. When Israel did evil in the sight of the Lord he sold them into the hand of Jabin King of Canaan whom they served twenty years a fair prescription for a Kingdom worshipping strange Gods among whom especially were the Tribes of Reuben Ephraim Benjamin Dan Asser c. who adhered to Jabin Nevertheless Deborah who judged Israel at that time levied force with the assistance of the other Tribes of Zabulon Napthaly and Issachar over whom they made Barack Captain and went along with them being ten thousand men and discomfited the Hoast of Sisera Captain of Jabin and restored the true Worship of God to Israel and then sang Deborah c. Judg. 4. 5. Happily some may say that these Facts of Deborah Jael Mattathias and Libnah ought not to be drawn into imitation and practice as being stirred up by motions extraordinary like that of Phineahs and the Book it self but Apochypha and not so Authentick as Scripture What then It 's certain that not only the King but all Israel and the parts thereof viz. the several Cities and their Magistrates as in Josh 24. covenanted before God and did swear to worship the true God according to his Law which Covenant is expresly in force to this day in all Christian Kingdoms where King and People Covenant each with other and tacitely or interpretatively also where Kings Rule Vi Armis or by fraud or any other unjust way which is down-right Tyranny The People are the People of God and obliged in the first place to God and then to the Kingdom and to the King and though the King have the formality and executive part of Power all Writs Executions Proclamations c. issuing in his Name yet the People have the true Dominion originally Sunt enim universa in Regis Imperio non in Patrimonio Seneca lib. 7. de Benef. c. 6 7. Omnia Rex imperio possidet singuli dominio Consult all Histories search all Antiquity and you will find the true cause of all Rebellion in all Ages and in all Countries to have risen originally and most especially from the abuse of Power first and not from the disobedience of Subjects to the lawful commands of Kings If Kings command unlawful things as they have no Authority so to do so Subjects have no Obligation to obey When Covenants between Prince and People are of such a nature as cannot be broken or violated by either King or People without doing manifest Injury to the other The injured party may seek his Redress and Relief though it be vim vi repellendo which is always to be understood of unjust Force For if the Force be unjust the Defence must be lawful and contrariwise if the Force be just the Defence must be unlawful So that Kings and Princes if transgressors are as truly Transgressors and Invaders
was Art. 42. Expl. f. 84. So God by Jeremy threatned to destroy the men of Judah and Jerusalem for that they suffered their King Manasseh to be unpunished King. 4. 21. Jer. 15. And yet the People of Israel had no declared Sovereignty over their Kings but only a tacite and implied Sovereignty by the Laws of God and Nature So when Saul would have put Jonathan his Son to death the People would not suffer him so to do but delivered Jonathan that he died not 1 Sam. 14. When David purposed the reducing of the Ark his Speech to the People was If it please you we will send to the rest of our Brethren that they may assemble themselves unto us and all the Congregation said that they would do so for the thing was right in the Eyes of all the People 1 Chron. 18. After Solomon's death all the Congregation of Israel said to Rehoboam 1 Kings 12. make thy Fathers yoak which he put upon us lighter and we will serve thee because it lay in their choice to subject or free from the Kings Power The People likewise took Jeremy when he had prophesied against them and said Thou shalt die the death Jer. 26. And afterwards reversed their Sentence upon Jeremy's declaring That the words he spoke were commanded from God. Bilson 514 517. The Duke of Saxony and the Lantzgrave answered the Emperor Forasmuch as Cesar intendeth to destroy the True Religion and our Ancient Liberties he giveth us cause enough why we may with good Conscience resist him as both by Profane and Sacred Histories may be proved The Ministers of Magdeburgh delcare how the Inferior may defend themselves against the Superior compelling him to do against the Truth and Rule of Christ's Laws The German Lawyers made evident demonstration That the free States by the Laws of the Empire might defend their Liberties against Cesar to whom they were subject with that condition so may any other Nation if their Magistrates infringe their Laws and Liberties In the Troubles of Germany Anno Dom. 1546. when the Duke of Saxony and the Lantzgrave were Prescribed or Out-lawed they remonstrated That if the Emperor had kept his Covenants they would have done their Duties but because he began first to make the breach the fault is his For since he attempts to root out Religion and subvert our Liberties he giveth us cause enough to resist him with good Conscience matters standing as they do we may resist as may be shewed both by Sacred and Prophane Stories Unjust violence is not God's Ordinance neither are we bound to him by any other reason than if he keep the Conditions on which he was created Emperor Sleid. 18. p. 212 213. So the Magistrates and Ministers of Magdeburgh declared That if our Religion and Liberties left us by our Fore-fathers be preserved we refuse no kind of Duty that ought to be yielded unto Cesar or the Empire Now by the Laws themselves it is provided that the Inferior Magistrates shall not infringe the right of the Superior and so likewise if the Magistrate exceed the limits of his Power and command that which is wicked we need not only not obey him but if he offer force we may resist him Lib. 22. p. 266. Anno 1550. If a Prince should go about to subject his Kingdom to a Foreign Realm or change the form of a Commonwealth from Impery to Tyranny or neglect the Laws established by common consent of Prince and People to execute his own pleasure In these and other cases which might be named if the Nobles and Commons join together to defend their Ancient and Accustomed Liberties Regiment and Laws they may not well be accounted Rebels modestly expressed Bils 520. The People may preserve the Foundation Freedom and Form of their Common-wealth which they fore prized when they first consented to have a King the Law of God giveth no Man leave to resist his Prince But Kingdoms and Commonwealths may proportion their States as they think best by their publick Laws which afterwards the Princes themselves may not violate By Superior Powers ordained by God we understand not only Princes but all Politick States and Regiments some where the People some where the Nobles having the same Interest to the Sword that Princes have in their Kingdoms and in Kingdoms where Princes beat Rule By the Sword we do not mean the Prince's private will against his Laws but his Precepts derived from his Laws and agreeing with his Laws which though it be wicked yet may it not be resisted of any Subject with armed violence Many when Princes offer their Subjects not Justice but Force and despise all Laws to practice their Lusts not every nor any private Man may take the Sword to redress the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing right and withhold him from doing wrong then be they licensed by Man's Law and so not prohibited by God to interpose themselves for the safeguard of Equity and Innocency and by all lawful and needful means to procure the Prince to be reformed 520 521. Bishop Bedel a Reverend worthy Divine in his Answer to Mr. Wadâ—sworth to satisfie him quo Jure the Protestant Wars in France and Holland are justified saith That the Law of Nature doth not only allow but inforce every living thing to defend it self from violence Then the Law of Nations permitteth those that are in the protection of others to whom they owe no more than an honourable Acknowledgment in case they go about to make themselves absolute Sovereigns and usurp their Liberty to stand for the same And if a lawful Prince which is not yet Lord of his Subjects Lives and Goods shall attempt to despoil them of the same under colour of reducing them to his own Religion after all humble Remonstrances they may stand upon their own Guard and being assailed may repel Force with Force as did the Maccabees under Antiochus In which case notwithstanding the Person of the Prince himself ought always to be Sacred and Inviolable as was Saul to David And lastly if the inraged Minister of a Lawful Prince will abuse his Authority against the Fundamental Laws of the Country it is no Rebellion to defend themselves reserving still their Obedience to their Sovereign inviolate I mention these Two Bishops only as being above all exceptions against whom no just objection can be made either for Learning Piety Loyalty or right Church of England Men. Which considerations I presume kept them from being burnt in July 1683. Which Act surprized not a few sober Loyal Men because if the learned Men of all the Reformed Church of Europe be consulted they will be found Asserters of the like Principles Alas to sacrifice so many Worthy Learned Pious Mens Judgments to Fire and Fagot unheard unrefuted as it is not for their honour so it is no more convincing nor confuting than that Doctors Argument who would confute Bellarmine in
a wonderful deliverance of Israel and venture his own and his Peoples Lives and for what for but the bondage of his Enemies and satisfaction of his Lusts And if Herods Son stand in the way of his ambitious security it were better be his Hog than his Child Melius Herodis Porcum esse quam Filium Macr. Satur. 72. So that the Advocates of Arbitrary Power must justify Pharoah in all his opposition against God and oppression of Israel Moreover Pharaoh had more to say for the Justification of his Tyranny than some other Zamzummims can pretend to viz. that he was under no tyes of Civil or Religious engagements no reciprocal Oaths between him and Israel but having them in Bondage he seems to have something like a right of imposing his will for Law upon Israel yet accounted this Tyranny and Wickedness in Pharaoh Exod. 3. 7 8. So caitiff and prevalent a sin is the impetuous desire of Impery and Revenge tho to our utter ruin and destruction We all naturally love Domination and our Lusts better than our Lands we had rather part with Thousands of Rams and Ten Thousand Rivers of Oyl with the Fruit of our Bodies than with the Sins of our Souls which was the Leaven which fermented and boyled in the breasts of these Lawless Hectors And doth not the same leaven of Haughtiness of Oppression and Revenge ferment and boyl in the Hearts and Breasts of those in our days who so rule and so reign and ravage over whole Nations their Subjects Is it probable that God who having seen the afflictions of his People and heard their groaning and after he had shewed wonders and signs in the Land of Egypt and in the Red-sea and in the Wilderness Forty Years who for their sakes smote great Nations and slew mighty Kings Sihon King of the Amorites and Og King of Bashan and all the Kingdoms of Canaan Thirty one in number Josh 12 and gave their Land for an Heritage unto Israel his People Psal 135. 10 11 12. and taught them Statutes and Judgments to do and govern themselves by and in that good Land which he had given them in possossion which were so righteous that no Nation under Heaven had the like and which all Nations would confess that this great Nation was a Wise and Understanding People who hath God so nigh unto them Is it probable I say that God after he had delivered them so miraculously from so great thraldoms of quod libet licet should yet subject them to the like Lawless Persons or Governments in the world Examine all his Laws observe all his Statutes search all his Judgments and you 'l not find any the least footsteps that way tending only he foretold them what their Kings would do therefore they conclude that it was their just right so to do And because he said they shall be his Servants 1 Sam. 8. 17. therefore he had Right to make them his Slaves and use them like Bruits whereas nothing probably is thereby meant more than that they should be his Servants to pay Tribute Gen. 49. 15. and to serve in his Army when he went out to sight their own Battels Gen. 49. 15. But if Slaves be meant thereby yet it was violent and tyrannous because they had no Law of God or man to entitle them justly so to rule over them so that the Prophet did only declare what they would do not what was their Right to do Now if it be lawful to cry unto God for deliverance it is lawful also to use any rational lawful means and endeavours to extricate and relieve themselves They that will choose a King to the displeasure of God Almighty it s but just they should endure the Iron Furnace without his Relief Can any men not brutishly prepossed believe that God who never breaks his Covenants but keeps them even with his greatest Enemies and Rebels even with the most ungrateful and stiff-necked Jews and yet should establish a Right in Kings and Princes not only to break theirs but to leave the People without a Remedy till Doomes-day in the Afternoon till the day of Judgment there 's no doubt then but that they would be all of the Welsh-Mans mind and cry Let her alone till then and drive on still When Samuel told the Israelites the manner of the King that was to reign over them was it any more or other than what Elisha told Hazael when he should be King what he would do unto the children of Israel viz. Their Strong Holds wilt thou set on Fire and their Young Men wilt thou slay with the Sword and will dash their Children and rip up their Women with Child Did Elisha by this his Prophesy declare that Hazael when a King had just right so to do Surely no for Hazael being convinced of the contrary with great Indignation answered What is thy Servant a Dog that he should do this great thing 2 Kings 8. 12. 13. And yet to urge Samuel for proving an unlimiting power to be of right in Kings to do what they list uncontrolably what is it less then matchless Impudence and horrible Impiety When the Prophet Jeremiah told Coniah this hath been thy manner from thy Youth that thou obeyest not my voice Jer. 22. 21. Did he by telling him of that wicked manner and custom of his in not obeying his voice reproach him or declare a right that he had to do so No more did Samuel by telling the Jews the manner of the Heathen Kings derive a right to the Jewish Kings so to do but be the true meaning what it will what doth it concern Christians who choose Kings Princes Dukes Emperors and Captains general from among themselves grant them Commissions give them Tribute grant them Powers oblige them by solemn Oaths to govern it's true in their own names but by their Power conferred on them and for their Goods which if they abuse it devolves and returns back to them who gave it and they cannot devest themselves of it in which God concerns not himself immediately with it either by Dreams or Vision or by Urim or by Prophets but hath 1 Sam. 26. 6. given them general Precepts in holy Writ to govern themselves by to choose able men such as fear God Men of Truth hating Covetousness and place such over themselves c. Exod. 18. 21. and hath given Laws and Bounds to Kings c. Deut. 17. 17 18 19. which Laws tho' they most particularly concern Kings yet they are not thereby disobliged from the observation from all the other Laws of God to which the whole race of Mankind without respect of Persons is bound to observe and keep so that since the days of the Prophets the Christians neither ask a King by them neither do receive any one by his immediate appointment but make Kings of one from among themselves according to the Law of Nature and of Nations observing Gods holy Laws and Precepts When Samuel 1. 10. 25. told the People
equal and he tries the heart verse 2 3. But what signifies this to prove that Kings are accountable to none but God for Male Government Another abused place of Scripture is Psalm 51. 4. Against thee only have I sinned and done this evil in thy sight that thou mightest be justified when thou speakest and be clear when thou judgest That Men of the same temper and complexion with Leviathan should urge places of Scripture and make false glosses upon them I wonder not at all but that the Pulpits should Chime and Ring to the same Tune I am in an amaze Do they believe themselves Or have they forgot their Pater Noster Forgive us our trespasses as we forgive them that trespass against us If one Man sin against another the Judge shall judge him but if they sin against the Lord who shall intreat for him 1 Sam. 2. 25. So 1 Cor. 8. 12. when ye sin against the Brethren to commit Murder Adultry c. and yet sin against God only happily may be good Doctrine according to the Alcoran or â—â—viathan but certainly can have no place in Scripture no not in this Psalm which is a Psalm of David's deep repentance confessing his sins to God and begging his pardon David's heart having smote him for these his sins against God and Uriah did in the bitterness and anguish of his Soul prostrate make his court to God his Judge and besought him more especially who only trieth the hearts and reins acknowledging his sins and begging his pardon who only had power of Soul and Body of Life and Death eternal and so only could acquit or punish eternally and to create in him a new heart and to renew a right spirit within him which no mortal had the like and therefore by only in this place can be meant no other but thee chiefly thee especially according to Matth. 10. Luke 12. He did not fear them which had power to kill the Body only but not able to kill the Soul but did fear him which after he had killed the Body had power to cast into hell For David had already condemned himself to death before he knew himself to be the Man mentioned in Nathan's Parable 2 Sam. 12. 5. And David's anger was greatly kindled against the Man and he said to Nathan as the Lord liveth the man that hath done this thing shall surely die Have they not read what Jonathan said to Saul Let not the King sin against his servant against David because he hath not sinned against thee 1 Sam. 19. 4. did Saul a King sin against David a private person and his Subject in seeking his innocent Blood And shall David when King covet his Neighbour Uriah 's Wife and seek the innocent Blood of Uriah himself and yet not sin against Uriah Quis discrevit Who hath made the difference who exempted him Falsest Teachers that would be esteemed Men of God Priests of the most high and yet teach Doctrines more becoming Priests of Baal Men of Belial Did not David sin against the Tenth Commandment and against his Neighbour also when he coveted his Neighbours Wife and purchased her adulterous embraces at the rate of innocent Blood may they not as well plead the like plea and justifie Ahab sinning against God only and not against Naboth when he purchased his Vineyard at the price of his innocent Blood 1 King. 21. 19. 2 King. 9. 33. 36. If David had Power to shed the innocent Blood of Uriah and debauch Bathsheba uncontrolably by Man it is either from God or not from God if it be from God it must be a Power against the Six and Seventh Commandments which God gave to David and not to any Subjects and so David lyed when he confessed it a sin which was none and consequently needed no pardon and so consequently Kings because Kings are under no Obligation of Duties of Mercy Truth Justice c. to their Subjects which is contrary to all Scripture Deut. 1. 15 20. 2 Chron. 19. 6 7. Rom. 13. 3. 4. If this Power be from God as it is unrestrainable and unquestionable by the Subject it cannot be from God at all for God cannot give a Power to do ill that is unpunishable by Men and not give that Power to do ill for in this very thing that God giveth to David a Power to kill and commit Adultery with this respect that it shall be punishable by God only and not by Men God must give it as a sinful Power to do ill i. e. a Power of Dispensation to sin and so not to be punished by either God or Man which is contrary to the whole design and purport of the Scriptures If such a Power as is not restrainable by Man be from God permissivè as in Devils and Men then it is no Regal Power nor any Ordinance of God and then to resist such Power is not to resist the Ordinance of God. For Priests to preach Kings to be Nursing-fathers of the People and to be custodes utriusque tabulae as indeed they ought to be and yet to preach that if Kings do break the Commandments yet they sin against God only and are accountable to God only is Divinity becomming only Micha's Priests that for a little better reward and hope of preferment will with gladness of heart take Ephod take Teraphim take graven Images preach any thing swallow down theft and idolatry together pervert any Text though thereby whole Nations are rob'd and despoiled of their Laws Liberties and Religion Falsest Prophets that thus flatter profaneness betraying God's truth and smothering and dissembling the strictness and purity of his ways striking at sin with the Scabboard and not with the Sword extenuating evil palliating Vice daubing with untempered Morter and by divining Lyes to seduce Kings and Princes If Kings can do no wrong to their People and are accountable to God only what made Samuel to make publick proclamation Behold here I am witness against me before the Lord and before his anointed Whose Ox have I taken or whose Ass have I taken or whom have I defrauded whom have I oppressed or of whose hand have I received any bribe to blind my Eyes therewith and I will restore it to you 1 Sam. 12. 3. So Lewis IX for his great Piety and Devotion sirnamed the Saint the French King being fully satisfied in his Conscience that Sovereigns are responsible by Laws both divine and human for all the miscarriages of themselves and of their subordinate Ministers caused to be publish'd through all his Kingdom That whoever had suffered any wrong or damage by him or by any belonging to him should make it known and he would give them satisfaction out of his own Estate which was punctually performed accordingly To me 't is a wonder and I am in an amaze how any Man can be so biassed or corrupted in Judgment except possessed with an evil Spirit as to draw such Conclusions from such Premisses Can any thing be
more ridiculous in Nature in Reason in Wisdom in Understanding to give Laws to Kings and cause them to swear to keep them and yet to be understood at the same time to be lawless and not obliged to keep them according to some or at least cannot be questioned if they break them according to others which is as Caitiff a position as the other and differs nothing but in words only Shall all others be punished for the breach of the same Laws and Kings only excepted who by solemn and sacred Oaths have bound themselves to performance and the Laws make no exceptions Absit Doth God make any exceptions Doth not God punish Kings as severely as he doth others Is not Tophet ordained of old which is deep and large the pile whereof is fire and much wood and which is kindled by my breath as by a stream of brimstone yea for Kings it is prepared Isaiah 30. 33. and shall we give such encouragement to break Laws and to work Wickedness God forbid Are not such Doctrines encouragements to Kings to lift up their Hearts above their Brethren against which God hath forewarned and forbid them that they might know themselves to be but Men. God made his own Sabbath for Man and not Man for the Sabbath and hath he not made Kings so too Moses was a King with Supreme Power Well what then and so let all Kings have if they have the same Warrant Commission access and freedom with God Almighty to have constant recourse unto him to carry the Causes of their People unto him and receive his Commands and communicate them to the whole Congregation and prosecute them as punctually as he did and be as faithful in his House as he was But though Moses had this great and mighty Power being as it were God's companion speaking unto God and God answering him Exod. 19. 19. yet it no where appears that quod libet licet that he could do what he list and be accountable to God only It 's true the People came to him to ask counsel of God for them but not to do his own commands without God's commands and advice first had and all this was but to teach them the Ordinances and Laws and shew them the way wherein they were to walk and the works they were to do Exod. 18. 20. not to oppress or injure them or tyrannize over them to give Laws not receive or be obliged by any themselves So that upon the whole matter God was the King of the Jews Moses only his Interpreter and Ambassador and if Kings will not be as faithful as Moses was in judging and acting according to the Laws and Ordinances of their and our God there will then be no leading into captivity no complaining in our streets no breaking in nor going out but happy would be the People that were in such a case yea happy that People whose God is the Lord Psal 144. 14. 15. to make Laws to bind King and People and yet Kings to break them impune when the very Laws themselves do not exempt them is very ill becoming reasonable men and that all but Kings should be punished for the breach of them is wicked and unjust It may happen in all Kingdoms most probably in those that are Haereditary that some Kings may be Idiots or mad or follow mad Councils and Advisors a crime of the same Leaven as did Rehoboam and must whole Kingdoms then also be subject to their Tyranny to be chastized not with Whips but with Scorpions without making use of their power to extricate themselves out of their hardships and miseries Is it not then natural to cry What Portion have we in David We have no Inheritance in the Son of Jesse every man to your Tents withdraw your Services withhold your Tributes fight not against the Interest of your Nation and now David see to thine own house 2 Chron. 10. 16. Though Kings have the great title yet the Laws are to govern both them and their Subjects and though all Laws run in their names yet they cannot do what they list but as he is to command according to Law so his Subjects are to obey him according to Law not against Law. Doth God himself keep Covenant for ever and never break any and shall Kings who claim their Titles and Powers from him take greater liberty and freedom to break the Covenants and Agreements with their Subjects than God himself or pretend to be unaccountable I doubt they themselves would not accept such a Plea from their own Ambassadors or Ministers transgressing their Commissions Had the Israelites power to cast off their corrupt Judges a Government well pleasing to God himself and to choose them another form of Government even Kingly contrary to the mind even of God himself and did not God gratify them therein though they rejected not Samuel only but God himself thereby Sam. 8. 7 8. For he gave them a King in his anger and took him away in his wrath Hos 13. 11. Had they such power under the Law and have not Christians the same under the Gospel if not shew when where and by whom it was taken away Certainly whoever sets up himself to be supream and above all Laws or to be accountable to none but to God for breach of them doth as much as in him lies make himself an Idol or a strange God to be revered without contradiction If Nebuchadnezzar erect his Prodigious Idol must all People Nations and Languages fall down and worship it Gideon whom the men of Israel Commissioned saying Rule thou over us both thou and thy Son and thy Sons Son also but Gideon answered I will not Rule over you neither shall my Son rule over you the Lord shall Rule over you Judg. 8. 22 23. By which it appears that Gideon by this Commission was as Supream and had as large Powers as any King had or as the Israelites could give him without formal Covenants or Laws to tye him up and yet his Answer is a document upon divine Record for ever to all Kings and Princes that it is not the right of Men to domineer over Men but it belongs and appertains to God only to rule without controll And indeed it 's both against the law of nature and precept divine for Kings so to lift up their hearts above their Brethren as to rule over them Rigorously Uncontrolably for God created them all equal and we shall all stand in an equal distance before Gods Tribunal where there shall be no respect of Persons What difference and distance of stations and of honours there is amongst us is from our selves and of our own framing naked came we into the World and naked shall we return It is ill very ill offending little ones whose Angels do always behold the face of God in Heaven Mat. 18. 10. By all which it manifestly appears that the Mosaick Kings and Judges were equally obliged to keep the Laws together with the rest of the
and therefore they ought to be as Faithful as was Moses in not deviating from Gods Commandments Christ in the Scriptures is not against Superiority Kingship Government or Governours but against the haughty and insolent deportment and tyrannical abuse of the power committed to their charge as the Heathen Princes did which he rebukes here intimating that so to govern is to rule over others to their own hurt and that to such a Wo is denounced Wo to them that decree unrighteous Decrees and that write grievousness which they have prescribed to turn aside the Needy from Judgment and to take away the right from the Poor that Widdows may be their Prey and that they may rob the Fatherless But be not ye like unto the Heathen who govern after such a rate but the greater you are in Honour and Power be ye more humble and as him that serveth and being as Gods Vicegerents in which appellation you all glory and boast be ye all Imitators of him and follow his example doing good to all executing judgment and Righteousness and delivering the spoiled out of the hand of the Oppressor and do no wrong no violence to the Stranger the Fatherless nor to the Widdows neither shed innocent blood least his fury go out like Fire and burn that none can quench it because of the evil of such doings The greater you are the more humble ye ought to be and then ye shall find favour with the Lord. In lowliness of mind let each esteem others better then themselves As were his Precepts so was his example who though he was chief Priest King and Lord yet was he in the midst of his Disciples as he that serveth It is not Regality but Piety that ennobles and makes Princes in good earnest Gods Vicegerents Carry them in thy bosom as a Nursing Father carryeth the sucking Child into the Land which thou swearest unto their Fathers a prescription and document for all Emperors Kings and Princes so God to Moses whom he made Prince and Lawgiver over the Jews his peculiar People i. e. lovingly tenderly carefully which sheweth the great love mildness gentleness that should be in Governours So Christ He shall feed his Flock like a Shepherd he shall gather his Lambs in his Arms and bear them in his bosom and he shall gently lead those that are young Isaiah 40. 11. So Paul We were gentle among you even as a Nurse cherisheth her children we exhorted and comforted and charged every one of you as a Father doth his Children 1 Thes 2. 7. 11. Accordingly the Hebrews have this Rule for all Governors It is unlawful for a man to govern with Stateliness over the Congregation and with Haughtiness of Spirit but with Meekness and Fear And every Pastour that bringeth more terror upon the Congregation than is for the name of God he shall be punished and so it is not lawful for him to govern them with contemptuous carriage although they be the Common People of the Land neither may he tread upon the heads of the holy People although they be unlearned and base they be the sons of Abraham c. But he must bear the toyl of the Congregation and their burden as Moses our Master of whom it is said as a Nursing Father beareth his Child c. Maimon in Misn tom 4. in Sanhedrim ch 25. Sect. 1. 2. When the burden of the Government grew too heavy for Moses God commanded him saying Gather unto me Seventy men of the Elders of Israel whom thou knowest to be Elders of the People and Officers over them and bring them unto the Tabernacle of the Congregation that they may stand there with thee and I will come down and talk with them and I will take of the Spirit which is on thee and will put it upon them and they shall bear the burden of the People with thee that thou bear it not thy self alone Num 11. 16 17. By so doing Moses spirit was not at all diminished for as Sol Jarchi saith Moses in that hour was like unto the Lamp that was left burning in the Candlestick in the Sanctuary from which all the other Lamps were lighted yet the light thereof was not lessened but God shewed hereby that none without gifts of his Spirit are fit for Office and Government So Jethro to Moses Choose able Men such as fear God Men of Truth hating covetousness and place such over them Exod. 18. 21. Deut. 1. 13. Acts 6. 3. The Hebrews have this rule viz. Any Synedrion King or Governor that shall set up a Judge for Israel that is not fit and is not wise in the wisdom of the Law and meet to be a Judge although he be wholly amiable and have in him other good things yet he that setteth him up transgresseth c. Maim in Sanhedrim Chap. 3. Sect. 8. to Kings and Queens not Governing as they ought Jeremy is sent Chap. 13. 18. Say unto the King and to the Queen Humble your selves sit down for your Principalities shall come down even the Crown of your Glory Obj. Submit your selves to every ordinance of men for the Lord's sake whether it be to the King as a Supreme or unto Governors as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well for so is the Will of God thâ— with well doing yee may put to silence the ignorance of foolish men Peter writ his Epistle to private Persons strangers scattered through Pontus Galatia Gappadâ—â—ia Asia Bythinia to a People scattered through the lesser Asia being there as Sojourners and consequently not under any set Form of Government by their own consent nor indeed capable of it But what doth this concern whole Kingdoms of free-born People who are governed by their own Laws of their own making to which their Kings are as subject as themselves and that by their own consent and solemn Oaths Make ye no difference between a few dispersed People and Kingdoms of Nobles Senators Dyets Parliaments Peers of Kings that have a co-ordinate Power in the Legislative Authority and without which Kings cannot be for its the governed that make Kings not Kings the governed a King and no King. But be it that it was written to a Senate what are you the better when no Precept to which reason is adjoyned doth bind beyond or besides that reason Lex est ordo Be subject therefore for the Lord's sake What is that because Kingly Government hath a Divine stamp What to do To punish evil doers and to praise and reward them that do well for this is the Will of God. When Kings so govern there will be no complaining in our Streets no calling coram nobis Of our obligation to obey such Kings as are here described there 's no question so to obey others who govern contrarily here 's no mention no obligation the reason of this Precept appears Ver. 16. As free therefore not as slaves Turn the Tables What
Kingdoms being devolved on one or more chosen from among the Governed if abused naturally returns unto them again who by their good will pleasure and suffrages conditionally conferred it on them and they cannot devest themselves of it Power from them who injures others by the most just law must pass unto them who suffer the Injuries for all Men are equally tied by Laws than which nothing can be more just mortal Gods to do what they list without control there are none among us Without all peradventure they who have right to constitute Magistrates over themselves by devolving and deligating their own power on them to manage and govern them according to their own Laws to see them executed according to the simplicity and sincerity wherewith they were made without shams or tricks or shaping or wresting them to wrong ends and purposes which they are obliged by Oaths the most sacred tye among mortals to observe To them of necessity and of just right doth belong the right of examining and censuring their Actions and of calling them to an Account and to deal with them accordingly Vide Judicium Lutheri Theologorum I. C. Wittiber-gentium de hac questione Tom. Jenens Germ. ap 384 ad p. 396. Martyr comm in cap. 1. Jud. p. 37. cap. 3. p. 60 61. No Law forbids it no Law excepts them Reason Justice and God himself command all Transgressors to be punished without respect or difference of Persons CHAP. XIII Duty of Kings who have Authority from Men. The Right of Legislation The Law of Nature is the Law of God. Kings accountable The Laws and Practices of Antient Kingdoms Roman Grecian Lacedaemonian Carthaginian what severe Laws they made against Arbitrary Power IF Kings did rightly consider as they ought to do their own true interest both in respect of this world and the next they would con their High Prerogative-assertors very little thanks for such their exaltations thereof but would rather esteem them as the very worst Friends they have for whilst they magnify Kingly Powers unto the Skies above the Laws and are not accountable for Mal-government they thereby alarm their Subjects to awaken out of the supposed Dreams of their just Liberty and Interest and to provide for themselves and to shake off the bondage of such unlook'd for Servitude wherewith they would seem to surprize them by such Doctrines And whilst they teach such Infinite Power to be the Right of Kings they thereby render that power to be the more intollerable Whilst they teach Kingly Power to be Omnipotent they excite the People to throw it off rather than to submit to so unjust domination to be the Right of Kings whom they have set over themselves for their good and comfort and not for their vexation As all Kingdoms and Republicks have their Authority in these our days by the Laws of Men to govern so they are obliged by the strictest Bonds of divine and humane Laws to manage their Government in the first place to the glory of God observing his Commandments in general to fear him to walk in all his ways and to love him then to order the Government aright for the good of the Governed by well ordering of Laws according to their simple meaning and true intent without shamming or tricking exemplary encouraging and exhorting their Subjects to Honesty Piety and Justice punishing all such as trangress Gods Commandments especially those of the Decalogue for this Power is not Arbitrary nor given them for their own use only to manage as they please but for the good and benefit of the Governed which they are obliged to do by the Laws of God and Man. Preachments and apprehensions to the contrary may cause even Saints to be misguided and to act beside their Rule and to deem themselves Arbitrators of the Government wherewith they are intrusted by the true Patrons thereof and confirmed and ratified as necessary for the good of the governed by God himself for that over a multitude of People consisting of many and sundry Families as every politick Society doth impossible it is that any should have compleat lawful Authority but by consent of Men or immediate appointment of God who hath power over all and who by the natural Law hath made all subject The lawful Power of making Laws to command whole Politick Societies of men belongeth so properly unto the same intire Societies that for any Emperor Prince Potentate or Captain General of what kind soever on earth to exercise the same of himself or to act contrary to Laws made by publick consent and not either by express Commission immediately and personally received from God unto which it is now utterly impossible that any just pretence can be made or else by authority derived from their consent upon whose Persons they impose Laws it is not better than down right Tyranny Laws nor Powers there can be none lawful which publick approbation hath not made so and the publick power of all Societies is above every Individual contained in the same Societies of what quality soever they be I may confidently divine that no People ever were or ever will be well pleased with Governours that mind more their own benefit pomp and pride of Life than the good and solace of the governed it being the natural and fundamental right of the Governed to deligate as much of their own power without devesting themselves thereof as they think fit to Kings or Republicks subject nevertheless to the trusts reposed in them to be always improved and imployed for the welfare of the Governed All People generally bear and are contented with a moderate Yoak but from too heavy a bondage all naturally endeavour to free themselves by all means though indirect The History of Nodus Gordianus is applicable to all humane tyes and obligations of Governments and sometime or other will have the same fate Therefore it is very indiscreet Zeal in any and much more in Ministers of the Gospel to preach up such Prerogatives to be in the hands of Princes which are always prone to end in the dishonour of God and in publick confusion Lycurgus a Spartan King observing his Neighbouring Princes struggling to get all Power into their hands and thereby ruining themselves and their Citizens he thought it his wisest course to take the Senate to be his Consort in Government and the Power of the Ephori as a check upon himself whereby he established and transmitted a firm Kingdom to himself and his Successors for many Generations Likewise the moderation of Theopompus King of the Lacedaemonians who lived more than One hundred years after Lycurgus was such that he constituted the popular Government of the Ephori above his own Regal Power and gloried that he had left and established a more firm and durable Kingdom to his Children and Posterity No inconsiderable examples if rightly considered nor unworthy to be imitated No Law ever established one Man King and Lord above all Laws neither could they
if they would For that Law which overthrows all Laws as such a Law would do can be no Law. Can it reasonably be imagined that the Power or rather the Impotency of one Man be he King or Emperor can have more of Divine Right in him to a common Evil than the Power of whole Kingdoms have of the same Divine Right in them to a common Good Far be it from all civil Societies to have such brutal thoughts for whilst Kings are exalted above all Laws as Pulpiteers would have them they thereby reduce rational Men to the condition of Brutes to be brought under Axes and Harrows without hopes of redress It is evident that Natures Law makes no Kings nor gives any right of Succession or Inheritance when made nor any right to govern Arbitrarily nor yet the Law of reason which bindeth reasonable Creatures in this World and with which by reason they may plainly perceive themselves bound to submit to such Laws and Ordinances as publick reason doth constitute for the good of the whole and to prefer the good of the whole before any private good whatsoever and therefore Kings from hence cannot have any right to wrong or oppress any People being themselves inferior to the whole Now seeing Kings have no right by the Law of God of Nature or of Reason to injure or oppress any it remains therefore that the People are by Natures Law Supreme and that by the same right by which Men first associated and took counsel together how to live in Peace Plenty Liberty and to Defend themselves from Oppression before ever Kings were or could be set over them by which right also for common Security Peace Liberty Justice c. they constituted and preferred one or more from among themselves to preside over them for his or their singular Prudence and Wisdom for management above others by the same right they may censure and renounce the same Men for Negligence Wickedness weakness of Parts or for any Male-Government When a People by the Law of God of Nature and of Reason do contrive and establish a Governour over themselves it must necessarily follow that the People are to be preferred before the Governour be he Monarch or other and therefore there can be no right in him to injure or oppress the People and therefore the right of the People is by the Law of Nature and of Reason most Supreme There are no Kings nor any Right of Succession by any Law of Nature but by the Law of Nature and of Reason both both may be established by which very Laws the most prudent and most deserving have the fairest pretence the discerning and discriminating of which lies wholly in the Breast and Power of the People Shew me one Law of Nature or any rule of natural Justice whereby the Inferior's guilty of punishable Crimes ought to be punished and the like guilty Potentates ought to go scot-free the Law of God declares the contrary The mighty shall be mightily punished Laws are not Cobwebs to catch little Flies only and let Bees Wasps and Hornets escape through impunè Kings by Nature are no more Sacred than their Subjects they are all God's anointed and if transgressors are as punishable as they by the self-same Laws of God and Nature No Law of God or Nature Authorizeth any one so to govern as that all the governed must be subject to punishment but the Governour exempt and free from censure It 's true that the Papists have an Axiome as before viz. Prima sedes à nemine judicabitur A position as false as Hell. Where such Laws are in force the Laws of God and Nature are infringed and violated If Kings break their Oaths and their Trusts solemnly made to the People and become Tyrants the People are by his Perjury and breach of Trust without the help of Popish Dispensations discharged of their Oaths of Fealty and Allegiance as also by common Justice and the Law of Nature Quem populus non vult statim is non Rex sed tyrannus est Arist Pol. lib. 3. cap. 10. The Law of Nature is the Law of God between which there is a most Divine harmony Consider well what Laws God hath appointed for Kings and how the People of God both Jews and Christians have behaved themselves towards Kings and at the same time it must appear that nothing is more agreeable to the Laws of Nature than to punish and remove Tyrants The Law of Nature and Reason seated in the minds of all Men and respects the good of all Men indifferently that the strong may not oppress the weak nor the rich the poor which Laws cannot be made binding but by common consent nor any made Governour to see the just and equal execution of them but by like consent and therefore both Kings and Republicks being so estated by the People for their own good it necessarily and unavoidably follows that the People must be the more Worthy and Superior and consequently there can be no right in any Monarch or Republick to afflict or oppress the People and therefore by the Law of Nature the Right of the People is Supreme by which Right before any Kings were erected the People first associated and consulted for their own mutual Defence Liberty Peace and Happy living together by which Right also in process of time they did prefer some one or other from among themselves whom they did esteem most worthy to preside and by the same Right they did censure or remove upon breach of Trust Nature not particularly respecting the good of one or of a few but of all in general For this we have a more sure word of Prophesie even the Testimony of God himself in Caiphas the high Priest his Prophecy That it is expedient that one Man should die for the People and that the Nation perish not John 11. 49 50. Which words though in their proper signification have respect to the Crucifying of Christ yet they are grounded on this natural and fundamental Maxime That the Good Happiness and Interest of a Nation is to be preferred before the Interest Welfare Will or Pleasure of any Man King or Prince No Men can by any Law of Nature lay any claim to Kingship or Succession it must come ab alio Jure and that can now adays be from no other but by the suffrages and free consent of the governed They that otherwise sit on Thrones be it by Conquest Faction Craft or any other Means or Artifices are but Usurpers at the best Natural and Moral Right may seem to favour the most prudent and just Persons to sit at the Helm of a State but confer no absolute nor indefeasible Right to a Throne or Succession such Persons best qualified have the fairest pretence to Government but for the weak and simple the wicked and unjust to domineer over the righteous and just and to rule with rigour is contrary to the Law of Nature and to labour and endeavour to break off
had the force of Laws for Quintus Hortensius when the Commons of Rome had withdrawn themselves into Janiculum a Town beyond Tyber made a Law that those things which the Common People had commanded all the Quirites the Roman Citizens should be obliged by and observe which Law L. Valerius and M. Horatius had granted Centuriatis Comitiis i. e. to the general Assembly of the People of Rome assembled to treat of common affairs There was great difference between Plebiscita Orders made by the common People and the Laws for the Plebiscita the Tribunes demanded those things which did belong to the People but the Laws either Consul or Praetor or other Magistrate advising rogabantur were demanded whether they should be ratified or not They made also a difference between Populus the Citizens of Rome and Plebs the common Rout for that among the People were Patricians Senators and the Nobility but among the Rout there were no Patricians Notwithstanding whatever the People commanded was not always to be ratified because whatever was not just the People might not command The Counsels of the Senate though they were not brought yet if the Tribunes approved thereof and would have them ratified they obtained the force of Laws The Edicts and Interdicts of Praetors also sometimes and under some qualifications had the force of Laws which were intituled Jus Honorarium which were taken away by the Lex Cornelia Also the Responses of Wise-men went sometimes for currant Likewise the ablest and wisest Lawyers were esteemed and used as the best Interpreters and Judges of the Laws which some say was granted to them by Augustus others as confidently affirm they had it not from Augustus and other Princes but of antient custom and right long before But Caligula that Monster and Enemy of Mankind caused all the Decrees of the Lawyers to be forbidden and no body but himself to be the Interpreter and Judge of them At least the Decrees and Constitutions of Princes went for currant Law For when Caesar and the following Emperors had obtained the chief Empire and they only gave Laws and all the Right and Power of Legislation was rent from the People Lege Hortensia and was given to the Caesars so that their Wills and their Decrees without the counsel or consent of the People as formerly had the force of Laws contrary to the Laws of God Nature and Reason Caracalla being fully possessed of this exorbitant power used it accordingly who first killed his own Brother Geta who had equal share with him in the Government by the appointment of Severus their Father and then caused the great Lawyer Papinianus to be put to death because he would not defend that barbarous Act of his before the Senate alledging for his justification that it was easier to commit Parricide than defend it but afterwards this Caracalla was contented more Majorum to have him Canonized Divus modo non sit vivus to deify him being dead in another world rather than to have him a living Co-partner with him in the Empire On the contrary Trajan that most excellent Emperor being possessed of the same power and having published some private and special Laws or Indults for great merits and understanding that some relying thereon made ill use thereof by drawing them into Example and fearing lest contrary to the Laws and Customs of the Antients they should be drawn by application unto wrong Causes and being brought into Judgment and Courts of Justice or Pleadings as Precedents they should pass for Laws he refused afterwards to answer Plaintiffs or Defendants by any writing or Libel of Record lest thereby pernicious examples and as it were Seminaries of ill might spring from thence Antiochus had so great veneration for the Laws that by his publick Edicts he did declare that if he had at any time decreed contrary to Law and Right it should not be obeyed but should be freely opposed by whose example Agesilaus would be obliged by no Promises that he should make but on condition that they were just At what time the Common People did choose their Magistrates whom they always accounted as sacred in the sacred Mount it was provided by a Law that it should not be lawful for any Patrician to apprehend or disturb any of them and not without cause for when against the Power and Insolencies of the Patricians the common People did assemble to choose Tribunes as Champions and Defenders of their Laws and Liberties to hear complaints against the Patricians it would be very unjust that in that in which the People did choose their Defenders to the height and pitch of Honour they should admit those who were most adverse and shagreen to their Liberties and Franchises They esteemed their Tribunes as the Ephori among the Lacedaemonians advanced and delegated to that office to curb the Insolencies of the Spartan Kings lest they should abuse their power to the prejudice of the People Theopompus a Spartan King instated Five of his Friends to be Ephori as his Auxiliary Ministers in his Government at home when he went abroad in Person with his Armies though it was provided by the Laws of Sparta that their Kings should not go out in Person with their Armies which Ephori in process of time came to have so great a power over their Kings that they directed them what they were to do and also were Censors of all they did insomuch that they called Archidamus to account imprisoned him laid a great mulct upon him and at last took his life away The like they did to Pausanias and Agis Lacedaemonian Kings and were so terrible that they erected Timoris Sacellum a Chappel of Terror which Ephori together with their Kings did take Oaths every Month that they would observe the Laws of Lycurgus and preserve the Kingdom in peace In tract of time they grew so insolent that Cleomenes broke their Empire and restored the Kingly Power It was not lawful for any Patrician to accept of being a Plebeian Magistrate and Volero Tribune of the People ordained by a Law proclaimed with the consent of the Plebeians that the Plebeian Magistrate should be made without the Patricians and only the Plebeians admitted to the Tribunitian Councils And though formerly to be Dictator Consul Praetor or Censor none but Patricians were to be admitted yet afterwards the Patrician Magistrates were to share and communicate with the Plebeians So Sextius Primus of a Plebeian was made a Consul which then was ratified Lege Licinia which C. Licinius and L. Sextius Tribunes of the People proclaimed that the Consulship should be common with the Plebeians Q. also P. Philo and Cl. Licinius Stolo Plebeians the one did bear the office of Pretorship the other the Master of the Horse with the Patricians Moreover the Dictatorship in which was placed the greatest glory and Censorship we find to be in common with the Plebeians For both M. Rutilius the first Dictator and Censor then Q. Pompeius and Q. Metellus
become forfeited for Mal-government should not return unto them who delegated it as well from Kings as from Consuls Senates Tribunes Duumvirates Triumvirates Decemvirates Ephori or any other form of Government is past all understanding It is also scornfully objected this is to be a Duke of Genoa a Duke of Venice not a King. They who have so mean conceits of such Governments which in reality are as much approved and allowed by God as Kingly even by the same Scripture are not worthy to preside in any Government If the Opinion of the Millenaries be true and Christ shall come and reign upon the earth 1000 Years will he not do all things for the good of the Governed Will not his eyes be on the faithful of the Land and on them that excel in virtue will he not hate the works of them that turn aside will he know a wicked Person except to condemn him will he suffer them that have High Looks or Proud Hearts will not his eyes be on the faithful of the Land that they may dwell with him shall not they that walk in a Perfect way serve him shall they that work Deceit dwell in his House or they that tell Lies tarry in his sight and will he not destroy all the Wicked of the Land and cut off all wicked doers from the City of the Lord And cannot Kings do the same whether their power be absolute from God or delegated from the People Hath not Christ been among us already as him that serveth and shall his Vicegerents think it below them to be like their Master Were it not the most desirable condition in the World for Kings Christian to be so seated on Thrones as it could not possibly be in their power to do the least injury to the meanest of their Subjects and yet do good to all Would not this be a condition acceptable in the sight of God and Man would not they thereby become Deliciae humani Generis as once Titus was Will nothing please but quod libet licet their Wills and Pleasures to be their Laws that Justinian-like when instigated by an Imperious Whorish Comedian Theodora they may securely commit Outrages and Cruelties sans nombre or when tickled with a Dancing Herodias shall take off any Head though of a John Baptist or when in the midst of Adulterous Embraces shall betray the strength of a Nation to a Dalilah at pleasure and all these uncontrollably When the Romans had cashiered Proud Traquin their King and in him Kingship they delegated their Power on Two Consuls to be check one upon the other that if one exceeded or abused his Power he might be curb'd by the other and though both should agree to usurp or extend the power given to the prejudice of the People yet both Consuls and all other Magistrates were to be obedient to the Senate whenever the Patricians and People thought fit which was always had in esteem as the Peoples Champion and Defender of their Rights and Laws Tull. orat pro Sestio The like subject were the Decemviri and all other the Magistrates to the Senate insomuch that sometimes the Counsuls were esteemed Enemies before they quitted their Consulship and the Senate took Arms against them So War was raised by the Authority of the Senate against Anthony the Consul for his misdemeanors during his Consulship On the contrary Trajan that Excellent Emperor believing him to have been sent from Heaven to redeem them from the slavery of former Tyrants and to restore unto them their antient Liberties when he gave the Sword the Ensign and Badge of Majesty and Power unto Saburanus Praefect of the Praetorian Cohorts saying Accipe hunc Gladium pro me si recie agam sin aliter in me magis quod moderatorem omnium vel errare minus fas est Use this Sword for my Defence whilst I govern as I ought if otherwise to my Destruction Comite Cestriae Gladium Sancti Edvardi qui Curtein dicitur ante regem bajulante in signum quod comes est Palatii Regem si oberret habeat de Jure Potestatem cohibendi suo sibi scilicet Cestrensi Constabulario ministrante virgâ— Populum cum se incrdinate ingereret subâ—rahente Matth. Paris lib. 3. p. 563. N. 10. At the Marriage of Henry III. King of England with Elianor Daughter of Raymund Earl of Provence the Earl of Chester carried the Sword of St. Edward called Curtein before him in token that he was Master of the Palace and that he had publick Authority to curb the King if he erred The same Ensign of publick Authority is continued to this very day before the Kings of England King Charles II. at his Coronation being set in a rich Chair under a glorious Cloth of State Sir Gilbert Talbot Knight Master of the Jewel-House presented the Sword of State also the Sword called Curtana and two other Swords to the Lord High Constable who took and delivered them to the Lord High Chamberlain and laid them on the Table before the King. The like Powers had the Masters of the Palace in France and other Countries It is plain that though that great and just Emperor Traj an had so great Power conferred on him yet was so just as to appoint a Judge though inferior to him over his Actions How much more just therefore was he when he superior in Power having all the Armies and Conquests at his beck and consequently could not be forced to obey the Senate or People yet would do it in respect of his Office and Duty to his Delegators and thereby acknowledge them to be his superior of whom Pliny in his Panegyrick saith That senatus ut susciperet quartum Consulatum rogavit jussit Which are words of Command and they that might Command might Judge and Censure So Marcus Aurelius the Emperor when Cassius the Praefect of Syria endeavoured to deprive him of his Kingdom offered himself to the judgment of the Senate and the People of Rome as it should seem best unto them Now who could better judge of Kingly Power than such just and upright Kings and in their own Cause Certainly by the Law of Nature all good Kings have the Senate or the People both for their Peers and Superiors in some Kingdoms though Tyrants hated both of God and Man will neither have Superior nor Peer As of old Laws the Law of Nature guiding by force were devised so when Laws came to be despised and slighted by the same Law of Nature there must recourse be had unto force again so to think is just and prudent so to do is true courage so to think and do is the height of a prudent vertue This remains indelible in Nature That the Senate or People are always Superior in some Countries to Kings good or bad the reason is natural for that the People do transfer their own Power or to speak yet more properly the use and exercise of some of their own Power unto Kings the
JVS REGIMINIS BEING A JUSTIFICATION OF Defensive Arms IN GENERAL And consequently of Our Late Revolutions AND TRANSACTIONS TO BE THE JUST RIGHT OF THE KINGDOM LICENS'D June 17. 1689. J. FRASER LONDON Printed in the Year MDCLXXXIX Benedictus sit prae caeteris Principibus Wilhelmus Henricus D. G. Magnae Britanniae Franciae Hiberniae REX Qualem nec viderunt Avi nec visuri sunt Nepotes qui advenerit ad Auxilium Jehovae contra potentes Papicolas Antichristianos tyrannorum pessimos Benedicta sit prae caeteris Heroinis MARIA Regina conjux Regni Consors Communicatis Imperii fascibus fruantur illi Sceptro Britannico Parentes liberorum laeti Aurei Seculi Authores Macti virtute conculcate Inimicos Religionis Protestantium Legum Anglorum Libertatum Parliamenti ut nomina vestra eant in Mille saecula sciantque posteri filii nascituri surgentes enarrent filiis suis semper fugiant infesti Osores à conspectu vestro Sic comprecatur sic vovet omni supplex humilitate WILHELMUS DENTON M. D. Majestatum vestrarum subditus humillimus ADVERTISEMFNT TO THE READER THIS Treatise hath been written several Years and kept close because the Government would not bear such Prints and might still have lain snug but that I daily see great endeavours by various Prints and Pamphlets casting false glosses upon a good Cause designing to bring us back to Onyons and Garlick and to Popery the worst of Tyranny Among which Prints the History of Passive Obedience at first view seems to carry in it's Front for its better countenancing of Non-resistance the most flourishing shew of our Articles Injunctions Canons Homiles Liturgy both our Universities Bishops Martyrs Confessors c. Which at first view presents a wonderful and an amazing cloud of Witnesses ready to confound the Doctrine of Resistance and Defensive Arms without farther Inquiry and to make good that enslaving Doctrine of Passive Obedience absolutely absolute without reserve of which I shall make but one or two plain Remarks leaving the rest to better Pens 1. Granting all the Quotations to be true yet are they to be understood of private Men and of private Authority only and not of Ordines Regni States and Kingdoms and Commonwealths 2. Calvin though quoted in this History as an Assertor of such Passive Obedience of which he Treats very Learnedly giving it all its just Allowances and Dimensions yet concludes notwithstanding all those specious Expressions which seem to favour Passive Obedience That he is to be understood always speaking of private Men For if there be at this time any Magistrates for the behalf of the People as the Ephori amongst the Lacedaemonians or Tribunes at Rome as the Demarchi at Athens or the same Power also which peradventure as things are now the Estates have in every Realm when they hold their Dyets Parliaments principle Assemblies he doth not forbid them according to their office to withstand the outragious licentiousness of Kings And farther he affirms That if they wink at Kings wilfully ranging over and treading down the poor Commonalty their dissembling is not without wicked breach of Faith because they deceitfully betray the Liberty of the People whereof they know themselves to be Protectors appointed by the Ordinance of God. Calvin Instit lib. 4. c. 20. par 32. Likewise his Quotation of Dr. Jackson in the Chapter of the Bounds of Christian Obedience will serve his turn as little as that out of Calvin for in the same Chapter p. 929. it being objected to him by the Author of the Prince and Prelate That many besides the Separatists and Enthusiasts many of note in reformed Churches have published in writing that Kings and Princes may in some cases be deposed which saith Dr. Jackson if spoken universally their Doctrine is false and for such condemned by our Church if thus they taught indefinitely only as that some Kings some chief Magistrates may be deposed he knows no Church that justly condemns them But for Divines to determine or dispute what Princes in particular may be deposed or in what cases is matter without their Commission unless commanded by their Princes p. 927. And I think he knew the Doctrine of this and other Churches as well as the Author of this History So Bishop Jewel explains St Paul and himself in the very same Quotation viz. That whosoever striketh with the Sword by private Authority shall perish with the Sword which Opinion if rightly considered is the sense or meaning of all or most of this Historians Quotations and are so to be understood Bishop Bilson how slightly soever represented by this Historian was as profound a Scholar and Divine as ever sate upon that See in his Book of Christian Subjection and Unchristian Rebellion treats of nothing else but of Passive Obedience and Non-resistance at large and no Man better or more solidly in defence of them yet will not rashly pronounce all that resist to be Rebels If a King should go about to subject the Kingdom to a Foreign Realm which happily is not much dissimular to our present constitution and transactions to change the Form of a Commonwealth from Impery to Tyranny or neglect the Laws established by common consent of Prince and People to execute his own pleasure in those and other cases if the Nobles and Commons join together to defend their Ancient Liberties Regiment and Laws they may not well be accounted Rebels very modestly expressed p. 520. And more at large to the same purpose may be read in several places of this Book which Opinion of these great and learned Men are a justification of the present Transactions of our Ordines Regni who have so considerable a share in the Government that no Law can or ought to be made without them And I may truly say without prejudice that those very Authors being all of the Historians own quoting have written as profoundly and solidly for Passive Obedience and Non-resistance as it will bear or that all his other Quotations do or can make out And Bishop Bilson that great Scholar and Divine printed his Book 1585. and dedicated it to Queen Elizabeth of ever blessed Memory whose happy Government was such as she did not think such Resistance unlawful and therefore she soon promoted him to be Bishop of Worcester Anno 1595. and soon after viz. Anno 1597. translated him to Winchester And I think these Men understood the Doctrines Articles Canons Liturgy Homilies Universities c. of this and of other Churches abroad as well as this Historian or as any of the other Authors as he hath named Besides Queen Elizabeth did not only approve the publication of such Doctrines in her Government but being willing to avoid the Curse that bitter Curse of Meroz on her and her Kingdom she gave this farther Testimony and Demonstration by her owning and countenancing such Resistance and by her enâ—ring into Contract with the Protestants of France against the Mighty by sending Mony and
is a Crime unpardonable and that it must be punished with the loss of Goods Lives and Estates Men to Men still But when they themselves break Faith plighted to God and Men by Solemn Oaths and do things ten thousand times worse against their Supreme Lord and Master and the Governed yet such is the wonderful perverse ends of their Judgment that they imagine themselves to be innocent and unaccountable Whereas by right they ought to hazard and spend their own Lives and Scepters in Defence of his Glory from and under whom they hold those Lives and Scepters and for Defence Support and well Governing of the Governed that they may live in Wealth Peace and Godliness they being the Church of God whose Nursing-Fathers and Mothers Kings and Queens and all other Rulers as in duty bound of right ought to be more especially if they confer Honors Dignities or Places of Profit on any of their Subjects Prerogatives given them even by the Governed if they say not as they say and do not obey all their Commands right or wrong what a huff and Fustian fume are they in What eat of their Bread drink of their Drink and live at Ease and in great Plenty and Pleasure by their Favors and Graces bestowed on them and yet so ungrateful as not to subordinate their wills to the wills of their Princes Which arises from corrupted nature and their own great mistake For Kings themselves and all their Officers are the Kingdoms Officers cloathed with their Fleece warmed with their Wooll fed with their Bread their Oyl and their Wine and paid with their Tribute And is it not much more sinful and ungrateful in them to do violence or oppress any of them Do they not Dig and Delve Plow and Harrow Sow and Reap Plant and pull up with the labour of their Hands and sweat of their Brows and all this to pay them Tribute that they may live in great Glory and Plenty that they may eat the Fat drink the Sweet lie upon the Soft chant to the sound of the Vial drink Wine in Bowles that they may be gorgeously clad and fare deliciously every day Is it not therefore much more abominable wicked and ungrateful in them to oppress or violate the Laws of them that set their Crowns on their Heads and maintain them in all their Glory and Excesses not only for necessity but for delight Consider seriously with your selves whilst you are yet on this side the Grave For there is no work nor device nor knowledge nor wisdome in the grave Eccl. 9. 10. And all your Pomp must be brought down to the grave even Lucifer the Sun of the morning who did weaken the Nations how did he fall from heaven and was cut down to the ground Isaiah 14. 12. That you cannot oppress the Governed without being guilty of Ingratitude the vilest and basest of Crimes in the esteem both of Heathens and Christians and by the practice even of Bruits and Beasts First Gratitude is natural and therefore ungratefulness must be unnatural witness Beasts themselves not only tame and domestick but even wild and cruel among whom there are many excellent and true examples as of the Lyon towards the Roman Slave c. Officia etiam ferae sentiunt even wild Beasts are sensible of good and evil done unto them by which it is easie to guess how unnatural how unpleasing and odious how base and villanous Ingratitude is unto all Men quatenus Men only Dixeris maledicta cuncta cum ingratum hominem dixeris thou speakest all the evil that may be said of a Man when thou callest Man ungrateful It is against Nature and therefore Plato speaking of his Disciple Aristotle calleth him an ungrateful Mule it is without all excuse and cannot come but from a wicked Nature So Seneca Grave vitium intollerabile quod dissociat homines A grievous vice and intollerable which breaketh the Society of Men. If by the instinct of Nature and the examples of Bruits unreasonable Creatures Ingratitude be so vile a Crime that it becomes a reproach to Men as being reasonable Creatures how much greater reproach is Ingratitude in Men as Christians God's Commands are Love your enemies bless them that curse you do good to them that hate you and pray for them that despitefully use you and persecute you that you may be children of your Father which is in heaven for he maketh the sun to rise on the evil and the good and sendeth rain on the just and on the unjust Matth. 5. 44 45. So Luke 6. 27 35. for he is kind to the unthankful and to the evil So ought all Kings and Rulers to love their People though Enemies out of gratitude they owe to God who hath both commanded us so to do and whose daily practice it is How doth God upbraid and reproach the ungrateful Jews Hear O heavens and give ear O earth for the Lord hath spoken I have nourished and brought up children and they have rebelled against me the Oxe knoweth his owner and the Ass his masters crib but Israel doth not know my people doth not consider c. Isaiah 1. What Reproaches and Woes are pronounced against those ungrateful Jews for whom God had done so much when Israel was a Child then God loved him and taught Ephraim also to go taking them by the Arms drew them with Cords of a Man with Bands of love and was to them as they that take off the Yoak on their Jaws and laid meat unto them c. Hos 11. All the Prophets testifie throughout the whole Bible that Gratitude is the universal Precept and Command of God himself and he is the Avenger of all Ingratitude and Disobedience Do you thus requite the Lord O foolish people and unwise Deut. 22. 6. God is so gracious as to let the Sun shine on the Just and on the Unjust to requite good for evil How ought Kings then as his Ministers his Vicegerents not to requite evil for good but good for evil How much more are Kings then obliged to God and Man by their greater Obligation to keep Faith and Covenant with their People who choose them from among themselves to be their King setting them on Thrones in a more Eminent and glorious Station and Figure above all themselves paying them all the Ensigns of Honour Duty and Majesty giving them abundant Tribute to support the same What to do to tear them with Thorns and Briars or whip them with Scorpious or grind their Faces as many have done no no but to have their Laws run in their Names and executed by legal Powers in their Names that Justice might be equally and indifferently administred to all They claim and glory in the Title of being Gods Vicegerents and Ministers and therefore their Ministrations ought more especially to be for the happiness and Salvation of their Kingdoms if otherways know that God will cut off the Spirit of Princes he is terrible to the Kings of the Earth Psal 76.
all his Saints Ps 149. 4 5 8 9. It is Piety alone that enobles Kings gives them a mighty Character and establisheth their Thrones Therefore Kings ought to be like the Sun in the Firmament comfortably influencing all their Subjects by governing justly and living uprightly having their Eyes on the faithful of the land and on them that excel in virtue and not suffering those that make Kings glad with their wickedness and Princes with their Lies Hos 7. 3. to tarry in their sights it being an abomination in Kings to work wickedness for the throne is established by righteousness if Solomon the wisest King that ever did or ever will sit upon a Throne can judge Prov. 16. 12. So Pope Leo Ep. 7. to the Emperor Theodosius Tune est optimus regni vestri status quando sempiternae incommutabili Trinitati unius Dei confessione servitur Then is the State of your Kingdom in it its Glory when it serveth and acknowledgeth one eternal God in the Immutable Trinity This God hath demonstrated by an Iliad of Examples both of old and more puny daies by punishing Kings governing tyrannically more signally and especially in Nebuchadnezzar who not conforming to the Counsel of Daniel by breaking off his sins by righteousness and his iniqities by shewing mercy unto the poor was turned into a very Brute being driven from men to dwell with wild asses to eat grass with Oxen till seven times had passed over him his body wet with the dew of Heaven his hairs grown like eagles feathers and his nails like birds claws before his understanding returned unto him to bless God and to acknowledge that the most high ruleth in the kingdom of men Dan. 4. So averred David a King after God's own heart Man that is in honour and understandeth not is like the beasts that perish Psalm 49. ver 20. What this Vnderstanding is is declared Job 28. 28. The fear of the Lord that is wisdom and to depart from evil that is understanding All other Wisdom in respect of this is but Brutish which made Constantine the Great to esteem all Principalities not subservient to the Laws of Heaven to be far worse than the Government of Goat-Keepers Shepherds and Cow-herds Euseb Orat. In the Kingdom of Insidels who have no right knowledge of God nor of his Laws the Supreme Law is only the safety of the Civil State and its Temporal Happiness but when a Gentile State becomes Christian then consequently it becomes also a Church whereby it loseth nothing which it had before but acquires a new Perfection by accrument of Divine Powers added to the Civil and consequently a greater Duty incumbent on the Governors thereof to seek and procure the Welfare and Happiness Such Kingdoms so united and so interwoven are in a more special manner the Inheritance and Kingdoms of our Lord Jesus Christ which his Father gave him as the Purchase of his bitter Passion Ask of me and I shall give thee the heathen for thine inheritance and the uttermost parts of the earth for thy possession Psalm 2. 8. And Christ doth imbrace the Glory of this his Kingdom so incorporated with so much more tenderness and affection than the Pomp and Pride of all earthly Kingdoms as that he threatneth those Kings Nations and Kingdoms that will not serve him shall perish and be utterly wasted Isaiah 60. 12. Speak every man truth in his heart to his neighbour execute the judgment of truth and peace in your gates therefore love the truth and peace Zechar. 8. 16 19. are Divine Oracles and shall challenge Obedience from every Individual but more particularly and especially they seem to have respect unto those that sit at the Helm that execute the Judgment of Truth and Peace in the Gates It is no doubt as great a fault to be silent when one ought to speak as to speak when one should hold his peace sins of Omission being no less dangerous than sins of Commission I think I do no dis-service to the Publick or transgress the duty of Honesty or Loyalty if I endeavour by Pen to set the Right of Government on a sure and right Foundation when I see daily so many false Principles exorbitant Powers and Vnaccountableness attributed to Cheif Magistrates as may make very Saints to transgress in Government that happily otherwise would not and these not Written by vulgar Pens only but Preached and Printed by Ministers of the Gospel that they might be delivered with the better grace and greater authority though not without most palpable wresting of Scripture to wrong senses and purposes which in Ministers of the Gospel is the more abominable but God shall cut off all flattering lips and tongues that speak proud things Psalm 12. 3. There are so many Sermons full fraught with such Principles that they who are esteemed the Governors of our Church cannot be ignorant of them yet they whom it most concerns to take notice of true and false Doctrines being silent which seems to argue consent hath encouraged me to put Pen to Paper to assert the truth It ought not to be imputed as a Crime to any who bring the Actions of Princes Popes or Prelates to the Touch-stone of Truth Truth though it begets hatred to the Asserters thereof yet like the Sun is a publick good which neither exempteth Princes Popes private Men no nor Angels from her Laws I have followed as near as I can the Beams of that Sun by adhering close to true Principles of Nature of Reason and of Scripture If any Light I have given hath discovered false Glosses or Truth from Error no reason to quarrel either with the Truths themselves or with the Assertor of them Truth seasonably spoken can hurt no Body If false Principles are censured and adjudged by Divine by Laws of Nature and Reason and disapproved by Christian Religion be pleased or displeased who will it matters not the care is taken It being more than human Tyranny to deprive Faith and Truth of Tongue or Pen for their Defence where Truth maketh no distinction of Persons I dare not I only condemn what she doth without respect had to Persons great or small if they clash with Truth or endeavour to obscure her brightness To assert Truth is no point of Arrogance and to search for Truth when it is concealed is the beginning of Charity and to assert it with constancy when it is apparent is the consummation of Charity and to walk in the Light thereof is the beginning and consummation of Happiness For who can be more blessed than he who enjoyeth Truth in its Excellency Constancy and Immutability I am not ignorant that Fear Honour and Reverence are due to Magistrates but more to Truth for God is Truth Nor is it Reverence with base flattery or ignorant blindness to hide the publick Blemishes and Miscarriages of the Actions of great Men. No no it 's downright flattering Profaneness dissembling and betraying the Truths of God. It 's much more Christian
Honour to declare them with Christian Charity and reprove them with Christian Modesty Thou shalt not hate thy Brother in thine heart thou shalt in any wise rebuke thy neighbour and not suffer sin to fall upon him Levit. 19. 17. whether he be of a great or little Figure in the World it matters not Go tell Judah of her sins and Israel of her transgressions be who will pleased or displeased therewith By which it appears that though Reproofs and Admonitions have been the Duty of every person from the very beginning of Religion Cry aloud spare not lift up your voice like a trumpet proclaim defiance sound a challenge and charge against them shew the people their transgressions and the house of Jacob their sins Isaiah 58. 1. yet they are seldom or never acceptable but on the contrary get hatred to those that discover their Dalilah's their bosome sins but their comfort is that by reproving they fulfil God's Precepts and he that hateth reproof erreth is bruitish and shall die Pro. 10. 1. 15. Pro. 12. 15. Pro. 10. A most strange and unhappy temper to return hatred for good will to hate those that show the greatest kindness that possibly mortal Man can show he that regardeth reproof shall be honoured and is prudent Prov. 13. 18. Pro. 15. 5. He that refuseth instruction despiseth his own soul but he that heareth reproof getteth understanding ver 32. As to despise Dominion and speak evil of Dignities is a great Crime to be punished by the Judges so there is a wo to them who call evil good and good evil that put darkness for light and light for darkness Isaiah 5. 20. Wherefore if they whose immediate Duty it is to tell Judah of her Sins and Israel of her Transgressions will by a sinful compliance be silent or daub with untempered Mortar not daring to declare plain Truths which is tant à monte a tacite giving consent and countenance to publick Sins and Injuries by such their connivance and dissimulation I hope they will not blame those who dare call Vices by their proper names I am ignorant of such quirks of Conscience which so much injure Justice and Piety as by such perverting the plain Truths of Religion and prevaricating with God Almighty by pleasing Men rather than Truth as if both might not and ought not to stand together as if a due respect to Men even to great Men and a just censure of Sin and Wickedness might not justly be maintained So that if any thing in this present discourse seem more harsh or severe than usual it is intended against the Vices and Abuses of the Powers not against the Persons nor any just Powers If they are Truths that I have declared I ought not to be blamed if Errors they 'l easily be discovered and refuted and the greater Truth will appear If I have committed Errors and injured Truth I am sensible of my own Infirmities and that Reason is seldom so perfectly reduced to Science but that I and all others may be mistaken Humanum est errare Let those that shall discover such Errors consider that they themselves are Men and subject to like Errors and Frailties and may be deceived and that possibly when by disquisition a greater Light may discover that that may be the Readers mistake which he esteemeth may be the Writers Error In summ All the Glory of Kings and Kingdoms ought to serve God by judging righteously by countenancing the Faithful of the Land and not suffering the Wicked to influence their Councils and by walking wisely in a perfect way and by hating the Works of them that turn aside and by not suffering those that have high Looks and proud Thoughts as being made choice of by him to administer in his Kingdom as Nursing-fathers of his people Isaiah 49. 23. God blessed for ever who setteth up Kings and removeth them doth only love the Principality and Kingdom of his own Eternity and himself continually addeth to the Glory and Enlargement thereof but willeth and expecteth the same from all Kings Princes and Governors of Temporal Scepters to do the same and that under severe Menaces and Penalties Whatever therefore of Inlargement Glory Stability the carking Cares or Designs of the great Men of the Earth may project and promise to themselves by being Kings and Princes on the Earth they are all but magnificum nihil toys gewgawes and vanity in the sight of God when put into the Ballance with that Kingdom which Christ alone loveth respecteth and desireth and unto which unless they be heartily subservient to serve and inlarge the Kingdoms of our Lord Jesus Christ they shall become like the chaff of the summer threshing-floor and the wind shall carry them away and the God of Gods and Lord of Kings shall set up a kingdom which shall never be destroyed and the kingdom shall not be left to other people but it shall break in pieces all other kingdoms and it shall stand for ever Dan. 2. 44 45 47. If Kings will not kiss the Son nor do their Duty in purging the House of the Lord may not Eliah and the People do their duty and cast out Baal 's Priests Reformation of Religion is a personal act that belongeth to all even to every private Person according to his place they may swear a Covenant without the King if he refuse and build the Lords House themselves 2 Chr. 15. 9. and relieve and defend one another if oppressed for our Acts and duties of defending our selves and the oppressed do not tye our Consciences conditionally so the King consent but absolutely as all duties of the Law of Nature do Jer. 22. 3. Prov. 24. 11. Isaiah 1. 17. 58. 6. Be wise now therefore O ye kings be instructed ye Judges of the earth Serve the Lord with fear and rejoyce with trembling Kiss the son lest he be angry and you perish from the way when his wrath is kindled but a little blessed are all they that trust in him Psalm 2. Therefore it becomes you that sit upon Thrones to observe and obey the true unquestionable divine Lex Regia to you it is commanded Deut. 17. 18 19 20. viz. to read in the Book of the Law all the days of your lives that you may learn to fear the Lord your God to keep all the words of the law and the statutes to do them that your hearts be not lifted up above your brethren by whom and from among whom ye your selves were chosen and set in great Glory Honour and Dignity to go in and out before them judging righteously and that you turn not aside from the commandment to the right hand or to the left do violence to no man for God hates the violent man and evil shall hunt the violent man to overthrow him Psalm 140. 11. Be content with your Tribute and exact no more than what is appointed you by publick consent take care that there be no violent perverting of Judgment no shamming of
Laws or prevaricating with false constructions of Laws or by Innuendoes lest thereby the Lives and Fortunes of your Subjects be taken away and it shall be your Wisdom and your Understanding and all your People will call you Blessed and it will be your Comfort at the end of your Days a time speedily approaching when all Crowns Scepters and Royalties must be resigned to God the Judge of all Men when you shall all stand in an equal distance with those you now call Vassals and use rather like Beasts than Images of God and Christians before his Tribunal when no Titles of Honour no Eminency of Station no Treasures of Wealth no Strength of Armies or Dependencies will accompany any of you into the Presence of the Lamb to stand between you and the Judgment of the great Day for God is no respecter of persons and will not be mocked Be wise now therefore O ye Kings even to day whilst it is called to day before the irreversible Decree of Wrath be gone forth and esteem that Lex Regia all his other Laws Statutes and Judgments more than your necessary Food and that they may be sweeter to you than the Hony and the Hony-comb lay them up in your Hearts and in your Souls bind them for a sign upon you hands that they may be as frontlets between your eyes that you may teach them to your subjects as was commanded to Josiah Deut. 17. 17. speaking of them when you sit in your houses and when you walk by the way when you lie down and when you rise up write them upon the door-posts of your houses and upon your gates bind them upon your hearts and tie them about your necks and make them your continual Ornament that when you go they may lead you that when you sleep they may keep you and that when you awake they may talk with you and teach you to keep sound wisdom and discretion that in all your ways and conditions they may be your Safeguards your Companions and your Comfort Be wise now therefore O ye Kings be instructed ye Judges of the Earth Let your provident care reach beyond the forecast of the Fool in the Gospel even for immortality it self make no provision for the flesh to fulfil the Lusts thereof for there is but one thing only necessary Do not desperately slight and condemn the purity and simplicity of the Gospel but abstain from all appearance of evil and resist unto blood striving against sin Be not like those Fools that make a mock of sin and so cursedly cruel to your immortal Souls as to dote on Mediocrities of Grace by understanding God otherways then he will be understood and so delude your own Souls and be forced at last to sing Lachrymae when you shall see the poor despised righteous stand in great boldness in the presence of the Lamb and you your selves thrust out with A go ye cursed and then cry when it is too late We fools counted their lives madness and their ends to have been without honour and now how are they numbred among the Children of God and their lot is among the Saints Wisdom 5. 1 4 5. Break no Laws nor Covenants made with your People Consider with what terrible Solemnity God published his Laws and Covenants on Mount Sinai with Thunder and Lightning Fire and Tempest Smoak and Darkness with expectation of an exact performance of all his Laws and tho in much Mercy Pity and Compassion to us he hath since removed the curse from it as it is a killing Letter and ministry of death and hath now published it in the hand of a Mediator And consider withal that he hath so great a detestation and hatred against sin that it amazed the very Soul of Christ himself and made him who had more strength then all the Angels in Heaven to shrink and draw back and to pray with strong cries and bloody drops against the Cup of his Fathers Wrath and against the work of his own mercy and to decline the business of his own coming Now or never be wise O ye Kings and be instructed ye Judges of the Earth and consider that what I have written is for the true interest of your immortal Souls and is of everlasting consequence and that within a few years you must bid an everlasting farewel to all your Kingdoms and Glories that your Winter-houses and your Summer-houses that your Houses of Ivory and your great Houses shall be smitten and have an end and as you brought nothing with you into the world so shall you carry nothing out but your own Consciences which will be as a thousand Witnesses to testifie against you and that Heaven and Hell will divide the whole World and when God makes Inquisition for blood he will remember the cry of the poor Psal 9. 12. and revenge the Persecutions and Blood of his Saints shed either in War or Peace Think not more highly of your selves than you ought to think but think soberly that at the day of Judgment you shall have no more favour than the meanest of your Black-Guard Humi-repentis est Indolis nunquam insanire sine timida Apologia and yet not quite mad most Noble Kings Princes and Potentates for if you will seriously and Christianly consider your own most true and eternal Interest and that unum necessarium which is and ought to be the greatest and deepest concern of all Princes as well as of all Peasants you will find that I have written the words of truth and soberness and am so far from doing you wrong that it will lead you to the true way of happiness both here and hereafter and to give up our Accounts with comfort at the great and dreadful day of Accompt Consider how mighty prevalent your Examples are to good or evil more than Twenty thousand Pulpits The sins of the Vulgar hurt little by infection but the sins of the Mighty are pestilential and poysonous I have done only beg your favour that what I have written I have written as Advisoes and Admonitions not as Imputations Hear therefore O ye Kings and understand learn ye that be Judges of the Earth give ear ye that rule the People and glory in the multitude of Nations for power is given you of the Lord and sovereignty from the Highest who shall try your works and search out your Councils because being Ministers of his Kingdom you have not judged aright nor kept the Law nor walked after the Council of God. Horribly and speedily shall he come upon you for a sharp judgment shall be to them that be in high places for mercy will soon pardon the meanest but mighty men shall be mightily tormented for he which is Lord over all shall fear no mans person neither shall he stand in awe of any mans greatness for he hath made the small and great and careth for all alike but a sore Trial shall come upon the mighty Unto you therefore O Kings do I speak that you
may learn wisdom and not fall away Wisd chap. 1. ver 1 2 3 4 5 6 7 8 9. THE Right of Government AND JUSTIFICATION OF DEFENSIVE ARMS c. THough there can be nothing so exactly so accurately so cautiously written that prevaricating and searching Wits and Men of different Principles and different Interests who take and measure only by their own Plummets and their own Lines will not quarrel and throw Stones at when sound Reason and solid Arguments are wanting to refute Yet I presume to expose my Sentiments concerning Government and Governors and to run the same fortune and risk with others not vainly expecting to pass currantly without snaps and snarles laying a very short but firm Foundation as a solid Rock able to bear and justifie all the Superstructures which I shall Build thereon relating to any Form of Government whatsoever thereby avoiding multiplicity and ministring less occasion of Disputes and less Fuel to kindle the fire of Contention and less scope to pick and make Disputes and Quarrels upon I shall not particularly meddle with the several Forms of Government nor how rightly or abusively exercised in any Nation State or Kingdom but shall endeavour quantum in me to set the Right of Governors and Government on a right Foundation in general without respect to this or that Form or to this or that Nation Commonwealth or Kingdom and without particular Reflections as much as is possible unless by way of instance on any particular Kingdom or Commonwealth CHAP. I. Shews the absolute necessity of Government of what Nature it ought to be and how Governors ought to behave themselves in the Management thereof To what Governors Obedience is due I Shall First shew the absolute necessity of Friendly Assotiations and Government Secondly Of what Nature it ought to be Thirdly Who of right have the Power of Government It is a Maxime most Christian an undeniable That pure Religion and undefiled Holiness of Life and Conversation is every Man's bounden Duty in particular and is and ought to be the highest of all the Cares and Concerns of all publick and private Governors and Governments in many respects 1. In respect of gratitude towards God who hath done so great things for us Men and for the Eternal Welfare of our Immortal Souls and who giveth to all Men liberally and upbraideth not and not only for necessity but for delight also 2. In respect of his Almighty Power who is Lord alone of all the Kingdoms of the Earth and doth whatsoever he pleaseth in Heaven above and in Earth beneath and in the great Waters 3. In respect that righteousness and judgment are the habitation of his throne Psalm 97. 2. and he will judge the World with Righteousness and all Persons with his Truth and who only can give Peace within our Walls and Plentiousness within our Pallaces but that only Hypothetically on condition that our ways do please him 4. In respect of the great power Religion hath to qualifie all unnatural exorbitant humors and passions of Men even most rebellious against God or Men and to incline all Governors to Rule with Conscience and the Governed to obey for Conscience sake It is no Phanatick whim but a matter of â—ound and undeniable consequence That all Duties both of the Governors and Governed are by so much the better executed by how much they are the more Religious For it 's not possible that good Government can continue without good Governors which being most certainly true Policy must submit and be subordinate and dâ— homage to Religion This is more demonstrable in that all good Christians do own these very Truths in their very Prayers to which the several Lyturgies of several Nations give abundant undeniable Testimony Besides they have God's own Command and own Pattern for such Government and Governors viz. Hâ— that ruleth over men must be just ruling in the fear of God 2. Sam. 23. 3. Before the Israelites God's own peculiar People for whom God has done so much and shewed so many Miracles by bringing them out of the Land of Egypt by a strong Hand entred that good Land beyond Jordan he taught them by his Servant Moses Laws Statutes and Judgments to govern themselves by saying Behold I have taught you Statutes and Judgments even as the Lord my God commanded me that ye should do so in the Land whether ye go to possess it keep therefore and do them for this is your wisdom and understanding in the sight of the Nations which shall hear all these Statutes and say Surely this great Nation is a wise and understanding People For what Nation is there so great who hath God so nigh unto them as the Lord our God is in all things that we call unto him for and what Nation is there so great that hath Statutes and Judgments so righteous as all this Law which I have set before thee Only take heed to thy self and keep thy soul diligently and teach them thy Son and thy Sons Sons c. What human Oracles can contrive and dictate better Laws Statutes and Judgments than is commanded in Holy Writ And therefore greatest prudence and safety to make them their Pattern But we have not only Divine but Human Sanctions also for what is averred That great Prince Augustus was wont to say That Religion did Deifie Princes And Tully tells us That the Roman State did increase and flourish more by Religion than by any other means All the Laws of Solon and Lycurges of Greece and Rome c. come far short of the Laws of God for the most pure just and excellent Government And whoever shall consult the Antients of the very Heathens themselves as Plato Aristotle Cicero and others shall find that they all center be the Form of Government what it will in just Laws and just Execution without creating Subtilties or coyning Evasions to sham good Laws made in simplicity and in sincerity Thus by Testimony both Divine and Human Religion is the best and surest Basis of Human Society Union Peace Liberty Plenty and distributive Justice to all indifferently without respect of Persons high or low rich or poor Consider also what Edward I. hath left as a Pattern of good Government concerning the Office of a King Rex autem c. The King because he is the Vicar of the great God is ordained to this That above all he should reverence Holy Church that he should govern the Earthly Kingdom and People of God and defend them from injuries and should discountenance and dispel all lewd People out of Church and State which if he do not the name of King remains not in him But Pope John testifying he loseth the name of King to whom Pepin and Charles his Sons not yet Kings but Princes under the French King wrote foolishly complaining that if so the Kings of France ought to be content with the Name and Title of King by whom it was answered That it belongs to them to be called Kings
who carefully defend and govern the Church and People of God imitating David King of Israel Psalm 101. He that worketh deceit shall not dwell within my house he that telleth lyes shall not tarry in my sight I will early destroy all the wicked of the land that I may cut off all wicked doers from the city of the Lord c. The King ought in all truth and sincerity fully and wholly to observe all the Dignities Rights and Liberties of the Kingdom and to reduce them to their Pristine condition The King also ought to do all things in his Kingdom righteously and that by the judgment of the Nobles of the Kingdom and Right and Justice ought rather to bear Rule in a Kingdom than sinful Wills and Pleasures Law is always that which doth right but Will and Pleasure is violence and force is not right And much more to the same purpose by Edward the First to whose Laws also William the Conqueror subscribed Vid. Lambert Collect p. 142. N o 17. The true Religion of God and honest Conversation even of Priests themselves is our chiefest care saith Justinian Novel constit 6. The search of true Religion we find to be the chiefest care of Imperial Majesty Legum Theodos Novel tit 2. de Judaeis Samaritanis So Gregory the Great earnestly exhorted Edelbert unto the first that was Christned of the Saxon Kings in England For this cause the Almighty God brings the good Princes to the Regiment of his People that by them he may bestow the gifts of his mercy upon all that are under them Beda hist Aug. 32. Consider in the Creation we were all created in Adam equal and equally innocent and upright and had we so continued in that state of Innocency there would have been no need of Impery one over another every one would have been a King to himself God and Nature their only Law-givers but lapsed Man sought out many Inventions and broke the Laws both of God and Nature and thereby provoked God to anger and to vengeance and instead of being homo homini Deus as in their fist Creation and state of Innocency they soon became homo homini Lupus which unavoidably introduced a necessity of Government framed by human Wisdom that they may not like Brutes devour one another but live in Unity Wealth Peace and Godliness that they might have Liberty preserved Justice equally distribute◠Honesty upheld Religion and Piety maintained and propagated all which could not be done when the Race of lapsed Mankind was multiplyed but by Laws ordained by Common Consent as sociable Parts united into one Body which Laws in common Prudence and of right do bind each to serve other and all to prefer the good of the whole before what good soever of any particular without which no House no City no Nation can long subsist in any happy condition For to govern and to be governed is not to be esteemed amongst things only necessary but as things profitable also for the benefit and sollace of all Mankind and hath its ground and warrant in Scripture in Nature in Heaven Hell the Creatures Mans nature and Conscience In Scripture by me Kings and consequently all other Forms of Government reign and Princes decree Justice By me Princes rule and Nobles even all the Judges of the earth Pro. 8. 15 16. saith Gods essential wisdom viz. not only by the secret disposition of his Providence but by the express warrant of his Ordinance by Divine Institution not by naked approbation there being no power but of God either by his commission or permission The powers that are i. e. the several Forms of Government are ordained by God Rom. 13. 1 2 3 4 5 6. i. e. politick Power in general is warranted by a Divine Law but the several Forms of Government is by the Law of Nations Princedom Empire Kingdom and Jurisdiction have their Rise from a positive and secondary Law of Nations and not absolutely from the Law of God or of pure Nature which the Lawyers call Secundariò Jus naturale or Jus gentium secundarium In sum Government is immediately from God but this or that Form of Government is immediately from God by the Interposition and Mediation of the publick consent of Kingdoms and States and so the application of the Persons to the Office is wholly in the Governed The several Forms of Government differ not in nature Morally and Theologically speaking the end of all Government being the very self same but only politically and positively For God appointed not Kings absolute and solely Independent but constituted with them also Judges who were equally obliged to judge according to the Law of God. 2. Chron. 19. 6. as Kings 17. Deut. 15. and have a co-ordinate share in the Government because the Judgment is neither the Kings nor the Judges but the Lords and both their Consciences are in immediate subjection to the King of Kings 2 Chron. 19. 6 7. The persons are sometimes Usurpers sometimes Abusers of their Authority as when they tyrannize or oppress such powers God owns not the Rulers that he ordains are not to be a Terrour unto good works but to the evil for they are the Ministers of God to the governed for good revengers to execute wrath upon them that do evil To such Rulers we must needs be subject not only for wrath but also for Conscience sake therefore whosoever resisteth such powers resisteth the ordinance of God And for this cause pay we tribute but not to those that are a terrour to good works the reason subjoyned is for they are Gods Ministers attending continually on this very thing but if they attend not continually on this very thing there is no absolute necessary Obligation expressed incumbent upon us for our Obedience or for our paying of Tribute Sute or Service but rather on the contary It is better to obey God than Man Acts 5. 29. The same Power St. Peter terms human Ordinances Submit your self to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well 1 Pet. 2. 13 14. so that S. Paul and S. Peter run parallel to one and the self same Sense and the Sword in the Magistrates Hand to revenge is not a material Sword to hack and hew kill and slay at pleasure but the Laws made by the common consent are the true Sword so Bishop Bilson to which both Magistrates and People are equally obliged to submit the Magistrates being but the Conduit and Pipe the Administrators not Patrons of the Powers for the sake of order through which and by whom all Laws are to pass and be executed and by the same Texts they have the like Obligation to praise them that do well as to punish those that do ill so David was taught and practised I will not know a wicked person mine eyes
respect not to this life only but to that of a better even to Eternity which no other Lawgivers had therefore Moses exhorted the Israelites that when they should possess the Land whether they were going that they should keep and do the statutes and judgments as the Lord had commanded him and it should be their wisdom and their understanding in the sight of the Nations which shall hear all those statutes and say surely this great Nation is a wise and understanding people And what Nation is there so great that hath Statutes and Judgments so righteous as all this Law which I set before you this day Deut. 4. 4 5 6 7 8. Having declared the necessity usefulness and benefit of Government and the final end thereof it is now requisite to show the true and efficient cause and right of Government where and in whom the just right of appointing Governours and Government is undoubtedly inherent and instated God beyond all contradiction reigns by his own Plenipotentiary Power and doth whatsoevor he pleaseth in Heaven above and in Earth beneath and in the Waters under the Earth Kings and other Governours only precariò at the good will and pleasure of others God by himself Kings by God and the Governed God by his own Jurisdiction Kings by deligated Authority from others the Jurisdiction of God is immense that of Kings limited So the power of God infinite that of Kings not so the Kingdom of God endless boundless that of Kings limited to certain Regions and fading When God sets Kings upon Thrones he sets them there as his Substitutes to go in and out before his people and to do Judgment and Justice 2 Chron. 9. 8. and upon condition that the governed should still be the Lords people 2 King. 11. 17. 2 Chron. 1. 10. So that God still remains Lord and Proprietor of the same People but sets Kings and other Magistrates over them to govern and feed them like good Shepherds not to pill poll and fley them so all good Kings acknowledged as David Solomon Jehosaphat and others So Nebuchadnezzar tho an Ethnick did acknowledge Dan. 2. 47. Hence it necessarily follows that Kings are set over a People to nourish and cherish them as God himself and not to wrong or oppress them So Jehojada made a Covenant between the Lord and the King and the People that they should be the Lords People and between the King also and the People 2 King. 11. 17. In the Inauguration of Joae we read of a holy Covenant between God and the King and the people as it is elsewhere expressed between Jorada the chief Priest and all the people and the King that they should be the people of God. So Josiah and all the people made Covenant with God 2 King. 11. 11. 2 Chr. 23. 13 16. 2 King. 23. from which is to be understood that the high Priest in the name of God covenanted between the Lord and the King and the People that they should be the Lords People and between the King also and the People that God should be truly and purely worshipped by both King and People of Judah And was not the King so to reign that he should suffer the People to serve God according to the Law of God and the People so to obey the King that in the first place they were to obey God and both King and People sworn by Solemn Sacrament in the first place to worship God and keep his Laws matter of Fact doth manifest it And all the People of the Land went into the House of Baal and brake it down his Altars and his Images brake they in pieces c. and restored the Worship of God the sum of the Covenant being that all should worship God and all should take care that God be worshipped according to his own Precepts and Prescript which if they did perform God would be with them and bless them if not then he would destroy them So Moses before his death rehearsâ—th the Conditions of the Covenant made with their Forefathers and all the Blessings and Curses attending the breach or performance thereof Deut. 29. 30 31. commanding them to take the book of the Law and put it in the side of the Ark of the Covenant of the Lord your God that it may be there for a witness against thee c. Deut. 31. 26 27 28. After Moses was dead God himself constituted Joshua to go in and out before his People on the same conditions Josh 1. which if they transgressed they should be delivered into the hands of the Canaanites One and the self-same Covenant which was made between God and the People under the Judges was made under and with the Kings After Saul was constituted King Samuel said to the People Fear the Lord and serve him in truth with all your heart but if you shall still do wickedly ye shall be consumed both ye and your King Josh 12. 24 25. thereby shewing that God expects as strickt performance of his Laws from Kings as from the People Saul being rejected because he brake Covenant David was constituted King on the same Conditions and so Solomon his Son which Covenant was That if they and their Children kept his Commandments and observed his Statutes they should sit on the Throne of Israel for ever if otherwise they should be destroyed 1 Kings ch 2. ver 12. 2 Chron. 6. 16. ch 7. 17. Hence the Book of the Law found in the Temple in the days of Josiah is called the Book of the Covenant of the Lord which he commanded his People to deliver to the King 2 King. 23. 2. Deut. 7. 18. which Samuel did to Saul 1 Sam. 10. 25. and Josiah accordingly did covenant before the Lord So the Law which was kept in the Ark is called the Covenant of the Lord with the Children of Israel who being delivered from the Babylonish Captivity renewed their Covenantwith God which they had violated 2 Chron. 6. 11. whereby it is manifest that Kings as Vassalls to the Law of God solemnly swear to be obedient thereunto We make a sure Covenant and write it and our Princes Levites and Priests seal unto it Nehem. 9. 38. the breach of which Covenant is a like penal to King and People which is manifested in Saul who for offering Sacrifice and for sparing Agag King of the Amalekites was accounted a Rebel and punished accordingly 1 Sam. 13. 12 13. and thereby taught that Kings if they break the Laws are as truly Rebels as Subjects and that obedience is better than sacrifice thou hast rejected the wâ—rd of the Lord and the Lord hath rejected thee from being King over Israel 1 Sam. 15. 26 27. which crime doth not terminate only in the Persons of Kings so rebelling but is extensive also to their Children So God did rend the Kingdom out of the hand of Solomon and gave ten tribes to his servant Jeroboam because he forsook God and worshipped 〈◊〉 c. 1 King. 11. 32 33.
is so natural an obligation that it cannot be dispensed with And for Governors to procure the good of Commonweals is but to do their duty he that is above all should be best of all for Example prevails more than Law and there can be no reason for sin violence or oppression Princes Councils Love and Hate Must do homage to the Law of State The Peoples Safety hath no Mate So King James of happy Memory in his Speech to the Parliament 1603. When I have done all that I can for you I do nothing but that which I am bound to do and am accountable to God upon the contrary For I do acknowledge that the special and greatest point of difference that is between a Rightful King and an Usurping Tyrant is in this That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for satisfaction of his Desires and unreasonable Appetites the righteous and just King doth by the contrary acknowledge himself to be ordained for the procuring of the Wealth and Prosperity of his People and that his greatest and principle Worldly Felicity must consist in their Prosperity If you be rich I cannot be poor if you be happy I cannot but be fortunate and I protest that your Welfare shall ever be my greatest care and contentment and that I am a Servant it is most true that as I am Head and Governor of all the People in my Dominions who are my natural Vassals and Subjects considering them in numbers and distinct ranks so if we will take 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 For though a King and People be relata yet there can be no King if he want People and Subjects but there be many People in the World that lack a Head wherefore I will never be ashamed to confess it my principal honour to be the great Servant of the Commonwealth and ever think the Prosperity thereof to be my greatest Felicity 494 495. The reason is demonstrable viz. God not the King made the People and those all equally of one and the self-same Mould but the People make Kings Nature was Father to the People but the People make some of themselves Kings and are the rightful Patrons of all their Power Honours Priviledges and Prerogatives and therefore as God ordained the Sabbath for man and not man for the Sabbath Mark 2. 27 so 〈◊〉 ordained Kings and all other Governors and Governments for 〈◊〉 and not Men for Kings The prospect and foresight of the wise That to be governed by one Mans Will might become the cause of all Mens misery prevailed with them 〈…〉 and 〈…〉 Laws 〈◊〉 all might see their Duties and 〈…〉 There are that 〈◊〉 with great 〈…〉 truth that Kings receive their 〈…〉 according to Prov. 8. 15. and not from the 〈…〉 are set and that they are accountable to nonâ— bu◠〈…〉 on the just Right of all Polâ—â—â—â—k Power 〈…〉 and of Nature and of Reason is originally in the 〈…〉 use thereof from them may be transferred and deligated unto whom 〈…〉 devesting 〈…〉 their Administrator◠〈…〉 them who deligated it and to 〈…〉 countable If such Assâ—â—tor◠〈…〉 old when God by 〈…〉 the People had 〈…〉 Prophets for Rules 〈…〉 much more might have 〈…〉 yet even in those days the 〈…〉 far complied with common consent 〈…〉 change of that Government his own Wisdom 〈…〉 him and his Government 〈…〉 his peculiar People only because they 〈…〉 King over us maugre all that Samuel could 〈…〉 as Solomon was dead all Israel come 〈…〉 King who refusing to be a Servant to the◠〈…〉 for ever threatning that his little finger should be 〈…〉 would whip them with Scorpions c. they soon 〈…〉 have we in David neither have we inheritance in the 〈…〉 and see to thine house David 1 King 12. and then chose 〈…〉 Rehoboam the Son of Solomon But such choice being now quite out of doors and 〈…〉 the least pretence of Title from such Nomination and therefore 〈…〉 can only be meant the institution of the Office and not the designation 〈…〉 and cannot possibly be understood any other ways 〈…〉 instituted hath together with other Governmentâ— th◠〈…〉 And it standeth sure that all Royal Power 〈…〉 in the People as in the first Subject which they may confer on this or that Man with â—â—at â—â—mitations they please and on condition that if conditions be not performed they 〈…〉 Power they intrusted him withal And therefore no King can have 〈…〉 so just Powers as from the suffrages of the People all other Governments 〈…〉 Tyrannies and continued Injuries of which the People may ease themselves when they have just reason and a neat opportunity so to do because their just and natural Right is wrongfully invaded for that naturally no sort of Men have full and lawful Power to command whole politick multitudes of Men and therefore utterly without the Peoples consent they ought not to be at any Man's commandment living This is plain and natural reason and ought to have the stamp of a publick Law. Laws positive are mutable natural not so and therefore these Laws ought to stand unrepealed because they always bind The Kings of Israel and Judâ—â— were not so immediately and absolutely from God as that the People were 〈…〉 excluded from their Right and Power of Electing and Approving and 〈…〉 of them that had been to deprive them of that Power that God and the 〈…〉 Nature had given them to Covenant and Agree with them before they would admit of them that had been to wrong the People and to bind them up from the use of their reason by Covenanting for their own Happiness and against Tyranny in ease they should break Laws and Covenants solemnly made with them by Oath which cannot be broke without Perjury By me Kings reign was only an Index and Declaration of God's Will and Pleasure which doth not take away or destroy the Peoples Right or Liberty Saul was not King so absolutely and so immediately from God that it excluded all Election of the People but was afterwards chosen by Lot by all the People at Mizpeh And all the People shouted and said God save the King 1 Sam. 10. 17 24. and afterwards Behold the King whom ye have chosen Chap. 12. 23. Did not all the Elders of Israel Capitulate and Covenant with David before the Lord in Hebron and then and not till then anointed him King over Israel 1 Chron. 11 13. All the Men of War came with a perfect Heart to Hebron to make David King over all Israel and all the rest also of Israel were of one Heart to make David King chap. 12. 38. Did not all the People of Judah take Azariah who was Sixteen years old and made him King instead of his Father Amaziah 2
the second time and anointed him unto the Lord to be chief Governour and Zadock to be Priest 1 Chron. 28. 1. 29. 22 24. Solomon being dead all Israel came to Sechem to make Rehoboam King 1 Kings 12. 11. 2 Chron. 10. 1. Amaziah being slain Uzziah his only Son was made King by all the people 2 Chron. 26. 1. To what tended that saying of Hushai unto Absalom nay but whom the Lord and this people and all the men of Israel chuse his will I be and with him will I abide 2 Sam. 16. 18. but to demonstrate that that King is rightly and lawfully constituted King whom the People chuse And all the men of Sechem gathered together and all the house of Millo went and made Abimelech King Judg. 9. 6. And he that was over the house and he that was over the city the elders also and bringers up of the children sent to Jehu saying We are thy servants and will do all that thou shalt bid us we will not make any King do thou that which is good in thine eyes 2 Kings 10. 5. And all these men of war that could keep rank came with a perfect heart to Hebron to make David King over all Israel and all the rest also of Israel were of one heart to make David King 1 Chron. 12. 28. Several times the making of a King is ascribed and given to the People viz. Wherefore is it recorded Deut. 17. 14. when thou shalt say I will set a King over me if it were not their Right and Power to make a King and without such Power no Law could be imposed on them Not to make a stranger King and yet to chuse one of their Brethren is certainly a warrant from Heaven to chuse beyond contradiction All the congregation made Jeroboam King over Israel 1 Kings 12. 20. So they have power both to make and not to make a King over themselves and also to limit and bound their Kings to what conditions they please or else to fall from them as the people of Israel did from Rehoboam and chuse another 1 Kings 12. 19. Nor was Saul himself formerly King as soon as Samuel had anointed him nor yet because another Spirit was infused in him no not until all Israel chose him King at Mizpeh Jehoash and Jehoiada made a covenant between the Lord and the king and the people that they should be the Lord's people and between the king also and the people 2 Chron. 23. 16. By all which it appears that though Kings were so constituted and influenced by the Prophets from God himself yet not so absolutely as to exclude common consent but that they were to be under Covenants and Agreements with the People whereunto they were equally strictly and reciprocally obliged to performance and that their just right of admitting Governors over them was reserved unto them upon their own Tearms and Conditions even then and certainly much more now seeing God doth not now immediately interpose in any such choice the same right by the Law of God and Nature is so undeniably in them that it cannot be denied unto them And all Kings Governing otherwise than by the consent of the People are but Intruders Usurpers and Tyrants And whoever violates those Covenants in a high degree are undoubtedly Rebels to the Law and whoever commits any unjust force against the Law the defence must necessarily be just and warrantable before God and Man. Consult prophane Histories and it will be found the Power and Liberty of the People is asserted and defended and practised accordingly even among the Heathens And in all well-governed Kingdoms the Children did not succeed their Parents until the People by their Magistrates had de novo invested them by the Diamond and Scepter In Christian Kingdoms which to this day Reign by succession the same is evident The Kings of France Spain c. are all Inaugurated and Crowned by the Peers Patritians and Magistrates representatives of the Kingdom no otherwise than the Emperors of Germany are by the Princes Electors thereof and the Kings of Poland by the Vayvodes or Palatines Neither is their Kingly Honour owned in the free Cities till so Crowned Constituted and Confirmed neither was the time of their Reign computed but from the day of their Inauguration which manifestly appears in the Kingdom of France and other Kingdoms where the States often preferred a Kinsman before a Son a younger Son before an elder which Kingdom by the Authority of the People was translated from one to another without regard had to the right Heir As to the Franks before they came into France it 's manifest that their petty Kings were subject to the Ordines Populi as Julius Caesar testifieth lib. 5. c. 8. f. 57. De bello Gallico Whilst Ambiorix Catileucus Eburonum rex i e. King of a People inhabiting between the Rhyne and the Mose the People of Leige or Luke beyond Brabant in a certain Oration rehearsing the words saith That such is his Empire that the People have not less right against and over him than he over them Ut non minus in se juris multitudo quam ipse in multitudinem The same also appears by the words of Vercingentorix Arvernorum Rex a People of France by the River of Loyer defending his Cause in a publick Assembly as it is recorded by the same Caesar lib. 7. c. 4. Afterwards the Franks and the Gauls became one under the name of Franco-Galli who although they chose their Kings first out of the Family of Merovey then out of the Posterity of Charles the Great and after out of the Successors of Hugh Capet yet from the beginning they so constituted their Monarchy that their Kings did not Reign only by the right of Succession but were also chosen Consensu Ordinum Regni And such was the Oath of the Franco Galli Kings according to Aymoinus lib. 5. c. 23. which Charles the Bald spoke Quia sicut isti venerabiles Episcopi c. Because you venerable Bishops have proclaimed me chosen to the Government for your safety and profit know ye that I will preserve the Honour and Worship of God and of holy Church and of every one of you according to your Ranks and Qualities and according to my Knowledge and Power will honour and keep safe And to every one both Clergy and Laiety preserve and maintain Law and Justice that Kingly Honour and Obedience of the People may be preserved and defended as your Fore-fathers did to my Predecessors justly and faithfully And so the Sons of Pepin Charles the Great anno 751. Lewis the Third and Carloman anno 768. Bastards to Lewis and no regard had to the Institution of Lewis's Will who had named Endes for Regent and so were both Crowned Kings Lewis the Idle Son or Brother to Carloman takes upon him to be King but not being acknowledged by the States as they were ready to dispossess him he died Charles the Second called the Gross Emperor
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
Kings receive all Royalty from the People and for behoof of the People and that by a special Trust of safety and liberty expresly by the People limited and by their own Concessions and Oaths ratified as for certain they do then Emperors and Kings cannot be said to have so unlimited and high a property in our Lives Liberties and Possessions or in any things else appertaining to their Crowns as the Governed have in their Dignity or in themselves The safety of Kingdoms is to be valued above any right of any Monarch as the end is to be preferred above the means It is not just nor possible for any Nation so to enslave it self to resign its own Interest to the will of one or many Lords as that they may destroy or abuse it without Injury and yet to have no right to preserve or right it self For since all natural Power is in those that obey they which contract to obey to their own Ruine or Slavery or having so contracted they which esteem such contract before their own preservation are fellonious to themselves and rebels to Nature Livy lib. 1. ab V. C. describing the beginning of the Roman Kingdom Records that among those Hundred named Kings after the Death of Romulus who succeeded and governed that People successively That if they did not please the People it was ordained by common consent that the People should chuse their Kings and that the Authority of the Senate should confirm them It 's manifest that Kings being set up by the People on conditions which if they perform not the People being Convocated according to their distinct Orders and Ranks by the same Authority they had to set up Kings on Tearms and Conditions by the very self-same Authority they may curb and dethrone them which they made good against proud Tarquin their last King. Moreover Seneca observes out oâ— Cicero de Republica that Appeals do lie from the King to the People as in the case of Horatius that killed his Sister who by Delegates appointed by Tullus Hostilius the King was condemned yet was afterwards absolved and quitted by the People Dionysius testifies the same that Romulus when he consulted about settling the Kingdom did declare That the King was the keeper of the Laws yet in the mean time that the Power of creating Magistrates making Laws War and Peace was still left with the People as inherent in them Populi suffragia sunto Magistratus creanto leges sciscunto pacem bellumque jubento Calv. 985. Which farther appears by the History of Collatinus who first was Consul with Brutus that the People by which Title is understood the Plebeian State which now is called the Third State as among the Romans viz. Patritian Equestrian Plebeian had the same Power against the Consuls although they had the Supreme Power when there were no Dictators To this Livy lib. 2. ab V. C. gives Testimony Timens the Consul fearing to be called to Account at the end of his Consulship quitted it But Collatinus the Consul though accused of no crime yet being of the Name and Family of the Tarquins was suspected and removed by the People Hence it is easily gathered that the People would much more use their Authority on any Consul if criminally accused although by the Law they were not to be questioned till their time was ended It 's true after the Decemvirate was constituted which was Anno 302. no Appeal did lie from them to any other Magistrates But when they alternately Governed it was lawful to Appeal from the Judgment or Sentence of one to the Judgment and Sentence of another So far unpleasing was an unlimitted Power to the Romans that at last the Decemvirate was forced to quit their Power It 's true no Appeal lay from the Dictatorship but that Power was never erected but in very perillous times and extreme oppression necessitating and lasted but a very little while Cal. 1050. Semestre scilicet And which is yet more admirable if at any time an Appeal to the People from the Supreme Power of the Dictator was brought he of his own accord consented As may appear by the Transactions between L. Papyrius Dictator 2. Fabias Anno ab V. C. 429. Tho' Julius Caesar violently obtained his Power over the Romans yet would seem and did pretend to have had all his Dignities and Gifts according to the ancient custom from the People for which Usurpation he was afterwards slain So Augustus no Heir of the Empire but adopted by him to be his Successor pretended that he was of right chosen by the consent of the People Neither did Tiberius by any other way succeed him and after him Caligula was chosen by the consent both of the Senate and the People but Claudius first obtained the Empire and the Military Power by Bribes but did not govern without the consent of the People Nero having poysoned him succeeded him and reigning tyrannically the Senate resumed their Power which had a long time slept condemned him as an Enemy to the Roman State By all which it appears that Caesars becoming Tyrants may lawfully be resisted and censured and tho their Empire seem very large by the Lex Regia made for Augustus and confirmed for Vespasian yet it was circumscribed and limited neither was it approved of without exception as long as there were places for Law and Equity So the Athenians when they changed their Democracy into an Aristocracy they set over themselves first Thirty then Ten who abusing their Poower they soon removed and punished them by the same Power by which they created them The Lacedaemonian Kings having been wont to be chosen out of the Family of the Heraclides which Lysander endeavoured to have altered but could not Plutarch their Kings being chosen on Terms and Conditions the People appointed certain called Ephori to be a Bridle to them These Ephori sometimes deposed banished and beheaded till at last Cleomenes the Tyrant traiterously slew them all Zenophon records of the Lacedaemonians that both the Kings and Ephori were wont every Month mutually to swear to each other these in the Name of the People and the King in his own Name That he would govern according to the Prescript of their Laws and that they would keep the Citizens true to him if he kept his Oath This was the Right Power and Practice of the Heathen of which more hereafter Let us now consider the State of the Israelites the most perfect Government in the World if they would have been contented with it for they had God for their only Monarch not only because he was Lord of the whole World but because he chose them to be his peculiar People in that he gave them Laws by Moses and gave them the promised Land by Jeshua who governed them by Judges at which time the Government was Monarchical tho by the Ministry of the Judges which if Kings would now imitate and govern accordingly there would be no need of these
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
obliged to the People for the just performance of the same Omnis promittens facit alteri cui promissio facta est jus in promittentem Whoever maketh a Promise to another giveth to that other a right or jurisdiction to challenge the performance of the same Promise But if Rehoboam will make his little finger thicker than his Fathers loins and chastise Israel not with whips only but with Scorpions And will send Adoram to gather tribute without the common and free consent of Israel Israel will stone such Ministers to death and will rebel as in the Text or fall away as in the Margin recesset saith St. Jerom defecerunt say Junius and Tremelius from the house of David and will make Jeroboam King over all Israel as they justly might and without the just imputation of Rebellion And though Rehoboam did raise 180000 Men intending by Force of Arms to bring the Kingdom again to Rehoboam the Son of Solomon yet God would countenance no such act and therefore forbade them by Shemaiah the man of God 1 Kings 12. 19. 2 Chron. 11. 12. Which demonstrates that if Kings keep not Covenants with their People they may withdraw their Tribute and Obedience and chuse another King or another Government and be no Rebels This is not to assert or justifie that for every act of Male government or a few acts of Tyranny or Oppression Kings may be dethroned and devested of their Royal Power but upon supposition that the Violencies Oppressions and Tyrannies are of such a Nature as that thereby the whole intention and ends of the Covenants and Agreements made with the People for the Government of themselves viz. the safety of the People the Laws of God and of the Commonwealth are thereby endangered to be frustrated and that on presumption of such usages and outrages the People would never have conferred their Crowns upon them David held Saul for his Prince and acknowledges him to be the Lord 's anointed so long as the People had not recalled their grant of Royal Dignity so that no single Person though Six hundred Men with him may lawfully Assassinate any King. All Governments are likened to the History of the Gordian Knot which if not so hard tied but that the People may have some ease some relaxation they ordinarily are willing to endure some reasonable bonds but if excessive they ever have and I doubt ever will endeavour to free themselves though by means indirect If the People as God's Instruments Crown Kings on Conditions that he will rule them according to God's Word then are Kings made Kings by the People conditionally and are but adopted Fathers Tutors Politick Servants or Royal Watch men of the Commonwealth and the Royal Honour and Royal Tributes given to them are Rewards of their Labours and Kingly Hire and so expressed by Paul Rom. 13. 6. For this cause pay you Tribute also there is their Wages for they are God's Ministers attending continually upon this very thing Qui non implet conditionem a se promissam cadit beneficio The People setting of Kings over themselves is an act warranted by God himself Deut. 17. 15. Rom. 13. 1 2. Which act though done without written Conditions or Oaths and only by a Vive le Roy or God save the King yet even such choice can never be understood or interpreted an Investiture of them with an Absolute but with a Conditional Power for that such a Power is against the Law of God and Nature a preposterous and absurd Power to do good and yet to work wickedness impune Besides the Common Law of Mankind allows all Donors to Interpret and Expound their own meaning why they Crowned Kings over them and why they give such large Tributes so great Priviledges and Prerogatives and certainly they will never Interpret that they conferred Royal Power on them to Oppress Persecute and Destroy themselves without controul and leave themselves without a remedy The Covenant made by Asa and all Judah and Benjamin 2 Chron. 15. 13. that whosoever would not seek the Lord God of their Fathers should be put to death whether small or great man or woman Which did equally oblige the King as also the Princes and People to performance And therefore Asa as in duty bound removed Maacha his Mother from being Queen because she had made an Idol in a grove which Asa also cut down stampt it and burnt it at the brook Kidron verse 14. Diodorus Siculus lib. 17. saith that the Kings of Persia were under an Oath and that they might not change the Laws and so were the Kings of Egypt and Aethiopia The Kings of Sparta which Aristotle calleth just Kings renew their Oaths every Month. Romulus so covenanted with the Senate and People Carolus V. Austriachus sweareth he shall not change the Laws without the consent of the Electors nor make new Laws nor dispose of any thing of great concern belonging to the Empire without the publick consent 1 Sam. 8. 11. This will be the manner of the King who shall reign over you which place is brought to prove the absolute Power of Kings and the unlawfulness of Resistance Which words being rightly interpreted can have no such meaning It only declares what the Manner and Custom was what they would do not what of right they might do For God had long before in Deuteronomy prescribed them what Laws they should Govern by and in this place is only described the Tyranny of Kings what they would do not what they might justly do And to aver that God hath given Power to Kings to Tyrannize Worry Oppress and Destroy Subjects is Blasphemy for God hath not given nor can give any Moral Power to do wickedly which is License to sin against his own Law which is inconsistent with his Holiness and therefore no such Power can be from God. And all best Expositors declare the Law of Kings to be described in Deut. 17. And in 1 Sam. 8. is described the usurpation and tyranny of Kings So it only demonstrates their wicked Usages or Customs not a Law prescribed by God. And it is obvious to common sense that God by his Prophet in this place was not instructing Kings in their Duty but by fore-telling the Israelites the evil of Punishment that they should suffer under tyrannous Kings thereby terrifying them if possible from their wicked purpose of seeking a King and thereby reject not Samuel only but God himself and farther menacing and declaring That in the day when they should cry out because of their King that the Lord would not hear them verse 18. And therefore God did protest against their unlawful course yet nothing at all would prevail nay but we will have a King over us verse 19. If Samuel in this place did not dehort them from Kingly Government how could they be said to refuse to hear the Voice of Samuel In summ All God's Covenants are Yea and Amen and so ought his Vice-gerents to be And for Priests to
and sinful Injustice and therefore cannot be from God. Dum contra officium facit Magistratus non est Magistratus quippe à quo non injuria sed jus nasci debet and consequently they who resist the tyrannous acts of Kings do not resist the Ordinance of God. What were it less than Blasphemously to charge God with prevaricating with his People if in Authorizing Kings to preserve them should give them liberty without all Politick restraint to destroy them Which is contrary to God's end in the Fifth Commandment that one Man a King should have absolute Power to destroy Millions of Souls and Bodies uncontrolably If the Kings of Israel and Judah were under censures and rebukes of the Prophets and sinned against God and the People in rejecting such rebukes and in persecuting the Prophets and were under and liable to all the Laws of God as all other People though their Subjects were then is their Power not above any Law nor absolute That these matters of Fact are true sit liber Judex Samuel rebuked Saul Nathan David Elias Achab. Jeremiah is sent to Prophecy against the Kings of Judah Jer. 1. 18. and the Prophets practised it Jer. 19. 3. Ahab could not take Naboths Vineyard against his will without the formality of Law and without the help of Men of Belial to boot for which violence offered to Law and Justice in the place where Dogs licked the Blood of Naboth shed by shamming of Laws by Innuendoes and false constructions of Laws the Dogs did lick the Blood of Ahab and did eat that cursed Woman Jezabel by the wall of Jezrael and her Carkass became as dung upon the face of the field A Document to all Kings and Princes for giving any countenance to Violence or Oppression or to shamming any Laws by any irresistable or prevalent Influences and the Inferior Judges ought not to accept the Persons of any in judgment whether small or great for the judgment is the Lords and their office as much of divine right as that of the Kings then certainly we may justly conclude That Kingly Power is neither above Law nor yet absolute for Kings who swear to Govern according to Law it is contrary to common sense nay impossible they should have an illimited or absolute Power either from God or the People for foedus conditionatum or promissio conditionalis mutua facit jus alteri in alterum it 's not to be thought that Kings can at one and the same time and in the same breath justly swear to Govern according to Law and at the same time interpretatively and secondarily swear to Govern absolutely and without Law. If the governed in Senates Parliaments and Dyets may call in question the Acts Previledges Charters and Commissions of Kings granted to any Persons and null and vacate them circumscribe and dock any of their Prerogatives may increase or diminish his Revenue and State may call into question any of his Friends Counsellors or Ministers of State and punish or remove them If the governed may appeal from Kings to Senates Dyets or Parliaments and may not appeal from them to Kings all which may and have been done as the publick Monuments of Laws do testifie who of sound judgment can deny the Power of the People in Dyets Senates and Parliaments to be above that of Kings If in an Interregnum Senates Dyets and Parliaments have Power and which is plain by Histories without regard had to right of Inheritance have created Kings whom they pleased and altered Successions In summ If Dyets Senates Parliaments are the Supreme Council of Nations constituted by the People indued with Power from them to this very thing that they may consult in common of the weighty matters of Kingdoms and common good and Kings therefore created that they should see executed what they did advise and agree upon quis nisi mentis inops can deny upon such plain evidence and demonstration that the People in Parliaments Dyets and Senates are not only co-ordinate and have a share in the Government but are also in some sense and some places superior to them for that they can do more than Kings Kings have their Prerogatives true and very fit they should have So have all other Governments be their Prerogatives what they will Power of the Militia making War and Peace calling of Councils Dyets Synods Senates Parliaments nominating Judges and other publick Officers of Kingdoms c. they are all derived from the People and transferred for their own good and so always expressed or implied If they make ill use of the Militia it 's a breach of trust and no obligation of Obedience and Submission is due if they make ill Leagues the People not bound to confirm or assist if they call Dyets and Parliaments it is not for their peculiar interests but for the good of the whole and nothing done therein can be of force unless the free assent of the convocated be first had Which demonstrates it is the Office and Duty of Kings to call those great Councils as oft as the People see cause and desire it and to continue them till they have the benefit designed And though the Royal Assent be desired it is but for the Honour of the business for what concerns common good safety and liberty they ought to pass by virtue of their Oaths and Office. Non negabimus non differimus cuique jus aut justitiam Chartae Artic. c. 29. Will not Kings deny Justice and may they deny just Laws Not to private Persons and yet to the Representatives of Nations Not in the Inferior Courts and yet in the Supreme They are created and elected Kings that they should do Justice to all indifferently Bracton l. 3. c. 9. Ad hoc creatus electus est ut justitiam faciat universis per eas nimirum leges quas vulgus elegerit Hence in Archivis H. 4. Rot. Parl. N o. 59. Non est ulla Regis Prerogativa quae ex justitia aequitate quicquam derogat Kings have no Prerogative which derogate from Justice and Equity And when Kings have refused to make or confirm Magnas Chartas good Laws they have been compelled by force of Arms and such Laws accounted as good and valid by the best Lawyers the reason given is That they of right and of their own accord ought to have assented unto that which they were forced to do All Courts of Judicatory are Authorized and Confirmed by Parliament in which it is Lawful for the meanest of Subjects to implead Kings in which Courts Judgment is often given against Kings which though endeavoured to be contradicted or countermanded by Kings yet the Judges by the Laws of God and Man and by their Oaths are obliged to refuse their Mandamus's and to give right Judgment for the judgment is the Lords Kings can justly Imprison no Man nor punish any Man nor seize their Goods or Estate without Citation out of Courts where the Judges not Kings have all the Power So
of the Lord renewed the Covenant viz. If yee will fear the Lord and serve him and obey his voice and not rebel against the Commandment of the Lord then shall both yee and also the King that reigneth over you continue following the Lord your God. But if yee shall still do wickedly yee shall be consumed both you and your King 1 Sam. 12. 14 15 25. By wickedness in this place is most especially meant in that they had rejected the Government which God himself had appointed as best for them and chose a King to be set over them and we rebelled against God. The reason assigned is because they were God's own peculiar People hereby it 's manifest that both King and People were both equally joined in the Stipulation So Asa King of Judah by the Prophecy of Azariah the Prophet congregated all the People viz. Judah and Benjamin where were also many of Ephraim Manasseh and Simeon and made a solemn Covenant to seek the Lord God of their Fathers with all their heart and with all their soul that whoever would not seek the Lord God of Israel should be put to death whether small or great man or woman 2 Chron. 15. 12 13. Deut. 13. 9. 17. 7. Here you see the King himself is not exempted These Examples with those before and those that follow will justifie this Kingdom in all that they have done to free us from unreasonable and cruel Men and Popish Tyranny and also the Auxiliary Expedition of the Prince of Orange to be the most glorious and most righteous Action that ever Prince undertook because he came to help the Lord against the mighty who both at home and abroad had in their imaginations and endeavours designed the Inslaving of all the Protestants of Europe which Action God hath hitherto signalized by prospering his Arms with very little Blood. Whoso is wise and will observe these things shall understand the loving kindness of the Lord Psalm 107. CHAP. X. Whole Kingdoms and Nations have Power to reform Faith equally plighted between King and People ought equally to be kept Care of Religion Peace Justice Safety Liberty c. are incumbent on all the People especially on the Ordines Populi The common and true Cause of Rebellion is abuse of Power not Disobedience to the lawful Commands of Kings Obedience to unjust Commands of Cesars is sin and to assist in such is to make themselves Participes Criminis Opposition to Popes or Kings tyrannizing is not Rebellion against Christ's Vicars or Vicegerents but opposition to wicked Men acting wickedly Defensive Arms justified by Authorities NOW who should have Power to reform things done amiss by Kings but all the People to whom he hath sworn as solemnly as they to him and both to God Almighty who is witness between them So Josiah the King with the Priests Prophets and all the People both small and great went up into the house of the Lord and made a Covenant before the Lord to walk after the Lord c. and all the People stood to the Covenant 2. King. 23. 2 3 4. Why should the Common consent of all the People be so solemnly required Why should Israel and Judah be so strictly obliged to the observation of Gods Holy Laws and Commandments Why should they so sacredly promise to be the Lords People unless Power and Authority were given to them also to free themselves from Covenant breaking and from Perjury and to defend Holy Church Wherefore was a Covenant made with the People that they should be the People of God zealous of good Works if they must obey the unjust Commands of Kings it may be to worship strange Gods or to permit monstrous sins to reign among them if it be not lawful to put to their assistance and endeavour to hinder and reform And why should they be blamed or Judgments poured upon them if they have no Power from on High to perform what was so solemnly required and so solemnly promised that God should so solemnly require their Vow and Promise and yet not give them Power and Authority to perform is monstrous to conceive God never requires more than he gives Brick without Straw that is the Property of Pharaoh and his hard Task-masters It s much more agreeable to truth that all Covenants of like nature and purport are equally obliging both to King and People and the care and Authority of each over the other for adjusting of performances is reciprocal and equal it being a Gospel Principle That Gods peculiar People which are his true Church ought to be sollicitous not only to abstain from evil themselves but also to prevent it in otheers A notable Example whereof is before mentioned in the People of Israel Josh 22. who out of abundant Caution minding the Concerns of their Brethren as their own when they heard that the Reubenites Gadites and half the Tribe of Manasseh had erected an Altar not for worshipping as they truly protested but for memorial and witness So fearful they were of Gods Wrath falling on them that they soon dispatched an Embassy to their Brethren to prevent their sin as before Hence it is that the Prophets of old standing in the Gate of the Children of the People whereby their Kings came in and by which they went out did so often put them in mind of their Duty and of keeping Covenant and not only that they should not sacrifice to Baal but that they should destroy both Baal and his Priests and root them out of the Land whether the King will or no for when Ahab had killed the Prophets of God Eliah the Prophet congregated all Israel not tumultuously but by publick Authority and common consent unto Mount Carmel and the Prophets of Baal Four hundred and fifty and the Prophets of the Grove Four hundred which did eat at Jezabels Table and had convinced them of their Idolatry and to be false Prophets the People at his command killed them all at the Brook Kishon 1 King. 18. whereby it appears that the King neglecting his Duty all Israel as obliged ought to discharge theirs On the contrary as often as Kings violated their Covenants or profaned the Worship of God and the People of Israel as we said before of Covenants where the breach of one party manifestly prejudiced the other Covenanters threatning Ruin and Destruction to the Innocent through Negligence sinful Connivance or any other sinister By-end or Respect did not restrain him their Judgments came also upon the People as well for their non-performance as on Kings for theirs which mostly hapned for that the People are more apt to follow the Examples of their Kings than to repent and amend or mind him of the Errors of his ways Wherefore did the Hoast of Israel with Saul and his two Sons fall down slain in Mount Gilboa by the Philistines 1 Sam. 31. Would God think you revenge the Sins of the King upon the People if innocent Far be it from the Judge of all
the Earth to stay the Righteous with the wicked Gen. 18. 25. or take vengeance on the People for the Sins of the King the Soul that sinneth it shall die Ezek. 18. 4. Every Man shall be put to death for his own Sin Deut. 24 16. was it not rather because the People did not resist or restrain but assisted Saul their King violating the Law of God and wickedly persecuting the Man after Gods own Heart and killing the Priests of the Lord. Saul desiring to inlarge thē Borders of the Tribe of Judah at his entrance into Canaan broke publick Faith with the Gibeonites and destroyed many of them the Children of Israel having sworn unto them by which he broke the third Commandment God being witness to his Covenant with the Gibeonites he broke also the sixth Commandment and so the breach of both Tables God himself would revenge the breach of which Covenant and Oath was justly laid to Saul and his Family Now Saul being dead and David constituted King 2 Sam. 21. 1 2. God sent a Famine in the days of David three Years Year after Year upon the whole Land and David inquired of the Lord and the Lord answered It was for Saul and his bloody House because he slew the Gibeonites which Famine ceased not till David delivered seven Sons of Saul to the Gibeonites whom they hanged in Gibeah of Saul unto the Lord v. 6. 8. But was the Famine over all the Land for Sauls fault only No both King and People were both punished the one for breaking Covenant the other for not resisting and not hindring the King or as being accessary to do this Evil. How came it to pass that God never punisheth the sins of the King upon the People nor the sins of the People upon the King and yet he sent a Famine on the whole Land Saul the chief Actor being Dead and consequently Actio moritur cum persona but because the People suffered so manifest a Sin to be committed by their sinful connivance and used no endeavours to resist or hinder him as they ought Can Punishment by any right be inflicted on any for a Crime whereof they are not guilty Alieni secleris quenquam poenas pati Jura non sinunt 2 Kings 14. 6. Wherein did the Israelites sin if not by tolerating Saul to do as he did when they ought and might have hindred him When Menasseh had polluted the Temple of the Lord and shed Innocent Blood which the Lord would not pardon 2 Kings 24. 4. why did the Lord threaten not only Menasseh but his People with Judgments but because they being under the same Covenants with Manasseh they would not restrain the King from persisting in his wickedness but did connive countenance and assist him in his Impieties 2 Chron. 33. 17. Herod and Pilate condemned Christ the Priests delivered him to Death yet the Curse fell upon the whole Nation and why because the People might have delivered him as well as they did Barrabas and did not but impricated Curses upon themselves and their Children It is the duty of all Nations to take care not only that Criminals be punished but that no Crimes be committed which made Hezekiah pull down the Brazen Serpent though set up by Moses when it came to be abused 2 Kings 18. 4. It being the duty of the People by common consent to hinder Kings as much as in them lies from violating the Law of God and from injuring his Church and Saints and if they do not they are guilty of the same crime and liable to the same punishment Resist they may by opposing words to words force to force stratagem to stratagem always avoiding perfidiousness which is always disallowed and hateful to God and Man. For in War it matters not whether it be managed by open Force or secret Stratagems By People is not meant the Many headed-Monster-Multitude but by the Universal People is to be understood those who have any share in the Government or any Authority from the People conferred upon them by any Laws made by publick consent as inferior Magistrates either chosen by the People or any other way constituted to take care of publick Peace and concerns of the Laws of the Land and worship of God in their several qualifications be they Tribunes of the People Ephori Praefects Praetors Judges Justices of the Peace Constables Captains of Thousands Captains of Hundreds Captains of Fifties or other inferior Officers or Magistrates which are as Consorts of the Empire and are in the vacancy of the publick Sanhedrims Dyets Parliaments c. As it were the Epitome of every Kingdom and Ephori of Kings and Conservators of the Publick Peace thereof to and among whom all the publick concerns of a Nation are referred of which sort in a manner were the Seventy Elders in the Kingdom of Israel among which there was a Chief Priest which did judge de Arduis Regni which were not to be Hobby-horsed in and out by the High Priest according as they would or would not serve a sinister turn and they were chosen out of the Seventy Families which went down into Egypt the Elders of which were first chosen and made Heads over the People Rulers of Thousands Rulers of Hundreds Rulers of Tens and the hard causes they brought unto Moses Exod. 18. 25. We read often in Scripture of all Israel of all Judah and Benjamin c. when in all probability every Individual did not at all times meet of which sort and kind there is in all well constituted Kingdoms several Congregations of the Kingdoms Officers of the Kingdom as the Privy Council Peers Patricians Judges Sessions Assizes Lord Lieutenants Deputy Lieutenants Mayors Bayliff's of Towns and Cities as the ordinary Councils and Officers of a Kingdom and as Councils extraordinary chosen out of them all to consider de Arduis Regni which are Officers of the Kingdom and called by several names in several Kingdoms as Dyets Parliaments c. which provide that no detriment come to either Church or State in which tho' every individual be inferior to the King yet the Joynt Body being the Representative of the whole Kingdom is superior and to be preferred before him For as the Council of Basil and Constance decreed that a General Council was superior to the Pope and the Chapter to the Bishop for that they which receive any Authority from any Company of Men must needs be inferior to that Company though he be personally superior to every Individual of that Society So without all doubt Israel which petitioned for and chose Saul from among themselves to be their King as a publick Actor for the common good of them all was superior to Saul When we attribute any power to the People it is to be understood of the Officers Princes Elders Parliaments Dyets that have a share in the Government and in the Legislative Power Take Athaliah 2 Chron. 24. for an Example in which Act the Kingdom was not opposed but
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
God had promised to make of him a great Nation though he should destroy them yet he besought God so earnestly that if he would not forgive their sin that he would blot him out of the Beâ—k of Life If Magistrates now adays had the like zeal for the good of the Bodies and Souls of their People how happy would Kings how happy would the People be When the Israelites by reason of the ill Government of Samuels Sons desired a King like all the Nations God whom by such desires they had rejected yet told them the manner and custom of those Kings Heathens you may be sure who knew not God nor his righteous Judgments 2 Sam. 8. 11 12 13. was very Arbitrary governing by an Army that they may go in and out before them and fight their Battels and judge them Arbitrarily yet so peremptory were they that they rejected the just and a righteous and easy Government that God had appointed over them Nay but we will have a King over us as other Nations and they had one that used them accordingly Therefore Solomon might well say as in Ecclesiastes I counsel thee to keep the Kings Commandment for he doth whatever it pleaseth him Where the word of a King is there is Power and who may say unto him What dost thou It being then the manner of the Kings of Nations Heathens so to govern volenti non fit injuria which manner remains even to this day among the Eastern Princes and let them that delight to be so governed have their Belly full of it But God hath provided better Laws Judgments and Statutes for his People whom he hath chosen out of all Nations to be a Peculiar People Redeemed by the Blood of his only begotten Son Jesus Christ blessed for ever Where the Word of a King is there is Power and who may say unto him what doest thou This he wisely advised to those who would be so governed and to Single Persons but not to whole Kingdoms or their Representatives the practice was otherwise even by Gods own command Elisah told Ahab that he and his Fathers House had troubled Israel 1 Kings 17. 18. Samuel told Saul thou hast done foolishly 1 Sam. 13. 3. So Nathan told David thou art the Man. 2 Sam. 12. 7. Obj. But these Men were extraordinarily commissionated Sol. Be it so so are all they Commissionated that follow their Example though not immediately from God himself yet tacitely by his general Commands universally and eternally true Viz. Thou shalt not hate thy Brother in thy heart thou shalt in any wise rebuke thy Neighbour and not suffer Sin upon him Levit. 19. 17. Is it fit to say to a King thou art wicked and to Princes ye are ungodly Saith Job 34. 13. Reprove not a Scorner lest he hate thee rebuke a Wise man and he will love thee Prov. 9. 8. These are prudential Documents how to manage rebukes but exempts not Kings and Princes from being rebuked He that rebuketh the wicked getteth himself a Blot ver 7. In such case the Apostles give good Advice Give not that which is holy unto Dogs neither cast Pearls before Swine lest they trample them under their Feet Indeed if Kings and Princes are such Bruits then Tophet is prepared for them and shall be their Doom Isa 30. 33. And Men will be wiser than to run their Heads against Brick Walls But Truths seasonably spoken can do no man no wrong and ought graciously to be received Solomons intimation is good Where the word of a King is there is Power and who may say unto him what doest thou Eccl. 8. 4. Indeed it is a folly in any Man to contend with any Man King or not King that is mightier than he Eccl. 6. 10. But all these Apothegms relate chiefly to Private Persons not to whole States and Kingdoms who have just Power to defend their just Rights against Princes that usurp more Power to themselves than ever God and the People gave them And to urge Samuel a Prophet in a wrong sense is with the Witch at Endor to raise a False and Counterfeit Prophet 1 Sam. 28. 11 12. Can it ever be imagined that God gave countenance or encouragement to Kings to work Wickedness to oppress or violate all Laws and Covenants and yet be blameless and unaccountable here on earth He hath commanded no man to do wickedly neither hath he given any man licence to sin Eccl. 15. 20. God never breaks his own Covenants but keeps them for ever and always punished them that did and shall they who call themselves his Vicegerents like Wild Boars of the Forrest or like Bears robb'd of their Whelps break through all Laws and Bounds and yet be blameless and unaccountable to them who made them Kings designedly to be subject to Laws and not to destroy them or like Foxes of the Wilderness by craft and subtilty by shamming Laws or perverting Righteous Judgment or by packing an Alteration in Government and slide thereinto insensibly by tricks and querks of Law or to draw Arguments from the manner and custom of Kings Heathen for Jus Regium to be the Right of Kings Christian to do as they list quod libet licet uncontrolably is as much as in them lies to do as the Rebellious and Ungrateful Israclites did vilify set at naught and reject the Government which God established by his infinite Wisdom Where such Doctrines are embraced as true what better conditions are Christians under than Heathens nay then Brutes Did God think you create the whole Race of Mankind without respect of Persons after his own Image a little lower then the Angels and crown them with Glory and Honour and give them dominion over the works of his hands and put all things under their Feet and yet at the same time to subject them to Axes and Harrows to Thorns and Briars to the lusts and pleasures of a few Kings chose by themselves from among themselves for the sake only of Order Peace and Well-fare of them all It 's true that seeing the Israelites notwithstanding God cautionating of them were so fool-hardy as to reject God in rejecting his Government yet he did gratify them but in his displeasure in what they desired and they felt the sad effects thereof But from Deut. 17. 14 16. it may be gathered and concluded that the People have a just Right and Title to choose whether the Commonwealth shall be governed by one or more and may change it from one kind of Government to another as shall best please themselves But in all Governments God is always to be President i. e. His Laws are always to be had in remembrance and observed and they who govern otherwise are not to be accounted as Kings but as Enemies not as Gods Vicegerents but as the Devils and may be proceeded against accordingly O but ye shall be his Servants 1 Sam. 8. 17. Very well and well they deserved to be so and Slaves to boot as they
and sworn and be accountable to the same Laws and to them from whom they derive their Authority and Power for whose good and benefit and by whom they were first and primarily enacted and constituted Magistrates are created and appointed by Men. Hence Peter calls both Kings and other Magistrates a human Creation or human Ordinance So Hâ—sea 8. 4. They have set Kings up but not by me th â— have made Princes but I knew it not In the Hebrew Commonwealth and Kingdoms only where they had several ways of resorting unto and consulting God Almighty they might and did refer the Nomination of their Kings unto him but concerning other Nations we have received no such like Custom or Mandate The Precept that God himself gave to the Children of Israel for the choice of their King did more especially respect the Qualifications of Kingship than the Nomination of the Person viz. When thou art come into the Land which the Lord thy God giveth thee and shall possess it and shalt dwell therein and shall say I will set a King over me like as all the Nations round about me thou shalt in any wise set him King over thee which is a manifest Allowance and Commission to appoint their own Kings whom the Lord thy God shall chuse not personally not by his nomination but according to such and such qualifications 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 But he shall not multiply Horses neither shall he multiply Wives to himself that his heart turn not away neither shall he greatly multiply to himself Silver and Gold. And it shall be when he sitteth upon the Throne of his Kingdom that he shall write him a copy of this Law in a Book and it shall be with him and he shall read therein all the days of his life that he may learn to fear the Lord his God to keep all the words of this Law and these Statutes to do them that his heart be not lifted up above his Brethren and that he turn not aside from that Commandment to the right hand or to the left to the end that he may prolong his days in his Kingdom he and his Children in the midst of Israel Deut. 17. From hence it is evident under what Laws and Precepts Kings are and ought to govern and if not so qualified and so chosen they can have no just Right to govern Vid. Dr. Sherrock de Officiis c. 4. N o. 8. p. 289. Sometimes the very Form of Government may be vicious and faulty sometimes they that obtain the Power may be so which may proceed from Men and from the Devil And the Devil taking Jesus up into a high Mountain shewed unto him all the Kingdoms of the World in a moment of time And the Devil said unto him All this power will I give thee and the glory of them for that is delivered unto me and to whomsoever I will I give it Hence is he called the Prince of this World John 12. 30. 14. 31. Rev. 13. 2. The Dragon gave unto the Beast Power and his Throne and great Authority yea the God of the World 2 Cor. 4. 4. Wherefore when it is written that there is no Power but of God it is always to be understood not of all Powers whatsoever but of all lawful Powers such as he there described and of the Powers themselves not always of the Persons that have the Power So St. Chrysostom the Powers that are are ordained of God who by his essential Wisdom and Goodness and by the express Warrant of his Ordinance never ordained any but what were good and behooful for the governed therefore the Apostle in this place will be understood of lawful Powers God may and doth permit unlawful Powers for the punishment of wicked doers even by wicked Men which are God's Sword but never ordained such but as his Rod and Scourges Wickedness and Vice and Sin being things inordinate it 's not possible that God should Ordain them and yet be sinful and vitious still he that resisteth the Power viz. lawful Power resisteth the Ordinance of God which Precept equally binds and obligeth Kings as well as Subjects that resist or transgress or obstruct the Laws or endeavour to sham them either by Force or coining Evasions I appeal to Heaven if they that resist Powers not lawful or abusers or overturners of lawful Powers do resist the Ordinance of God or not I do think that no Man in his right senses will say so The Apostle yet makes it more plain that he treats of lawful Powers when he says that Rulers are not a terror to good works but to the evil And he is the Minister of God to thee for good for he beareth not the Sword in vain a revenger to execute wrath on them that do evil Who unless Heathens or Persons of profligated Consciences will refuse to be subject to such Powers not only out of fear of punishment but for Conscience sake for without Civil Government not possible to live in Peace and Happiness But what Power what Magistrates soever ordains or acts contrary can never properly be said to be ordained i. e. allowed and approved of God and therefore this is no Precept no Command to yield Obedience to such neither is it any Precept or Command to forbid us prudently to resist defend and right our selves for in such cases we do not resist the Powers but human Errors of Kings and Princes nor the Magistrates that are ordained of God who ought to be such as the Apostles decipher but either Usurpers or Tyrants or betrayers of the Trust reposed in them who yet notwithstanding if they must be termed Magistrates in that only they have Power to vex revenge and ravage over God's People by the very self-same Logick the Devil is our Magistrate Of one thing only there can be but one true definition if therefore Paul doth here rightly define Magistracy and Magistrates as he doth most accurately then certainly by the same words he cannot define Tyranny Oppression Male-Government things Diametrically opposité and contrary one to the other then certainly to such Magistrates only as the Apostles here describes do we owe Subjection Tribute Honour c. and not to their contrary Reasons assigned are For this cause pay you Tribute also for they are God's Ministers attending continually on this very thing render therefore c. The labourer is worthy of his hire and they that hire ought to have their service and work well done so that if Magistrates fail of their Duty Subjects may slacken their Tribute which is given them only as a recompence of their Watchfulness Pains and Care in well Governing Therefore simple and absolute subjection is not here required but subjection with reason subjoyned which reasons are the Rule and Square of our subjection We are often told by our Priests that Prayers and Tears are the Weapons
substract from their Princes what they please nostrum est ferre modice Populi voluntates c. It is our duty modestly to submit to the good wills of the People So Tertullian in his Apolegetico to an Ethnick Emperor boklly told him that an Emperor ought not to be called Lord Augustus saith he Imperii formator ne dominum quidem dici se volebat hoc enim Dei est Cognomen c. Augustus was the Founder of the Empire and yet would not be called Lord because it was the Sir name of God Almighty and if he be Father of his Countrey how can he be Lord thereof O but Athanasius the Egyptian Bishop says that it is a most wicked nefarious thing to call Kings of the Earth before Tribunals What then when the Authority of Men though had in great veneration are trumpt up to justify any opinion without producing the grounds and reason of such their opinions it is but magnificum nihil makes a noise and a pudder but neither proves nor convinces Here 's not a word out of Scripture to prove it and in this there 's as little credit to be given to Athanasius as when at the end of his Creed he boldly affirms that that Creed to be the Catholick Faith which except a man believe faithfully he cannot be saved A Creed which many doubt whether he understood it himself or be yet intelligible to any other however to place the certainty of Salvation upon such mysterious expressions believe it quicunque vult I am sure vulgar capacities cannot reach it and they are the greatest part of Christians So St. Ambrose of a Proconsul and Catechumen called to be Bishop of Milan is brought upon the Stage to serve the same turn either unskilfully or flatteringly interpreting against thee only have I sinned Psal 51. 4. who would have all People subject to the Emperor and yet the Emperor be subject to him How did he treat Theodosius the Emperor forbidding him to come into the Church thereby demonstrating himself to be a Novice i. e. newly come to the faith from being a Proconsul and a Catechumen in the Doctrine of the Gospel and lifted up with pride whom at last prostrate at the Bishops feet having obtained his pardon and restored to the participation of holy duties and standing without the Rails magisterially and sawcily told him O Imperator interiora loca tantum Sacerdotihus attributa quae caeteris contingere non licet In this his demeanour he shewed himself rather a high Priest of Jewish Rites and Customs than a true Bishop of the Gospel who ought to be blameless and not lifted up with Pride lest he fall into the condemnation of the Devil I wonder in what Gospel the Bishop found such authority to be his right to treat Emperors after such a rate This Bishop attributed absolute dominion to the Emperor over others but it seems reserved Power over the Emperor to his own Tribe of Prelates and therefore repulsed Theodosius as subject to him saying Coaequalium hominum es Imperator conservorum unus enim omnium Dominus Rex Creator Very well the Murder is now out that mystery which the subtilty and craft Ecclesiastick had long kept in the dark the indiscreet to say no worse Zeal of this otherwise Pious Learned Bishop hath brought to light And this very St. Ambrose being commanded by Valentinian the Emperor to depart the City of Milan refused to obey and being compassed with a company of Armed People he defended himself and House against the Emperors Commanders and so resisted the Supream Powers against which he had taught As to that place of the Psalmist Psal 51. 4. Against thee only have I sinned whereof before certainly every Individual hath the same right to the same Plea and then I appeal unto and adjure all Ecclesiasticks plainly to tell us if Kings should treat their Wives or Daughters after the same rate whether they do really and truly believe that Kings so treating them as David did Vriah did sin only against God and not offend them also Surely they dare not be so confident as to assert it no offence to them and yet such there are If this be currant Doctrine in this particular it will as certainly hold in all other Sins such Priests as preach such Doctrines do manifest themselves to be Priests of Baal rather than Priests of the most High God. What mischiefs such Preachments have done in the Christian world let the world it self be Judg look upon allthe Courts and lives of all Emperors Kings and Princes Christian and tell me if we may not very probably judge by their Lives and Governments that they think their Authority an Immunity from all obedience to the Laws of God and Man and no wonder when such Parasites and Sycophants Preach and Print such Doctrines That evil Kings are constituted by God be it so and so are all other evils shall there be Evil in the City and the Lord hath not done it Amos 6. and yet the same Prophet bids us hate the evil and love the good and therefore for that reason have they God only for their Judge What above all Laws written and unwritten natural and divine and by no Laws to be called to Account by their Subjects and be found guilty though so Wherefore certainly no Law of God forbids it no Law excepts or exempts them Reason Right Justice Religion true Policy and Government reprove all indifferently without distinction or respect of Persons I have not as yet read or known any Law written or unwritten natural or divine brought to forbid the same And why should not reproofs and censures of sin and vices and wrongs be executed against them because forsooth though wicked yet are constituted of God wretched perverse reasonings I have created the Waster to destroy Isaiah 54. 16. Are Destroyers therefore above all Laws Consider well with your selves if the reasons and consequences be not the very same How many Kings in Scripture constituted by God himself have we known punished and that by Men Are not Popes Tyrants in the Church after the same manner constitued by God as prima sedes anemine judicabitur 77 and yet how powerfully can the same men plead for dethroning them and yet plead impunity for Kings Tyrants How ridiculous is it to plead thus against Baal whose Province is conscience only to be removed out of the Church and yet Tyrants over our Bodies Lives and Fortunes Consciences and Liberties must be continued without control If otherwise then Kingdoms and States would be turned topsy turvy be it so if for the better why not If Tyranny and abuse of Power must still continue setled on its Dregs and Lees then Actum est A Dieu to all the happiness of the Governed if things once reduced quo jure quave injuria unto an il habit or figure must they for ever so continue without contradiction God forbids it the same power be it in free States or
were both made Censors from the Plebeians which Law Philo the Dictator is said to have made All the Patrician Magistrates even those also of the Pontisicates and Priests were made the Plebeians being first consulted In summ so great was the honour of Tribunitian Power that the People of Rome gave it to Octavius Augustus and then to the Caesars as a special remark of Favour Yet it must not be omitted that though the Consuls and Praetors might be called to account by the Tribunes of the People yet Caesar by the right of his sacred Power was free from all Power of the Magistrates But notwithstanding if he did abuse the Power so conferred upon him or should diminish or infringe the rights of the People or if he did intercede or forbid or compel when or where he ought not or if he did enterprise or endeavour any thing against the good of the People he might be summoned by the Consul or Tribunes of the People and if found guilty he might by their Suffrages be degraded and punished and then he was no more accounted Sacred but Prophane When nine Tribunes of the People with Sp. Crassus lest Magistrates more majorum should be substituted did conspire and confederate against the liberty of the People of Rome Pub. Mutius a Tribune of the People did not only put them out of their Tribuneship but by right and law did Punish them And Tiberius Gracchus the major part of the Tribunes approving deprived Octavius his Colleague in the Tribuneship of his Power for that contrary to the good of the Publick he had interceded or opposed himself The words of the Law by which the Tribunes of the People are made sacred are Tribunum invitum tanquam unum è multis nemo cogito agere neque verberato neque alteri ut verberet imperato neque occidito neque occidi jubeto si quis autem prohibitorum horum quid fecerit impius execrabilisque esto bonaque ejus publicato ad sacra Cereris qui aliquem haec agentium occiderit caedis expiatus esto 3. 66. Lycurgus a Spartan King and of antient Kingly Race famous and celebrated for good Government and for making wise and good Laws designing to establish Kingly Power upon a more sure foundation he thought no way so good and so proper as Plato hath observed as to constitute a Senate or Ephori i. e. the Power of the People greater than that of Kings So thought Theseus Euripideus King of Athens who having vindicated the liberty of the People of Athens to his great glory did estate the Popular Power above the Kingly yet nevertheless left his Kingdom to his Posterity All wise and civilized People have ever esteemed the Laws to be King which it cannot be except it hath Power over Kings Ann. Dom. 429 in the time of Theodosius 2d and Valentinian 3d Florentio Dianysio and Coss upon complaints made concerning Appeals it was answered that saving the reverence of our Majesty we do not disdain to have equal Law or Justice with private Persons L. ult de appell consult Cod. Th. Abest a. Cod. Just And suitable to this was the Answer given to the Messengers of Africk by a Law directed to Volusianus the Praefect viz. It is a resolution worthy the Majesty of a Prince to own himself bound up by the Laws so much doth his Authority depend upon that of the Law and indeed it is a thing greater than Empire to submit the Princes Power unto Laws and by the Oracle of this present Edict so it concludes that which we do not permit to be lawful to our selves we declare to others L. 4. de leg Cod. Just lib. 1. tit 14. So just and temperate was the Government of the Romans under Theodosius and Valentinian the Third Kingly Power so tempered may very well consist with the Liberty of the People It was so tempered and used with the Spartans Thebans Athenians Sicilians and others When all power is given by the People to Kings whereby they obtain that Title yet it is given in trust for them for the safeguard and wellfare and not for the Destruction or Prejudice of the People to have the benefit and freedom of their Laws and not be Slaves O but after this rate Kings reign not by God's but by the Peoples appointment Very true for no Kings now Reign by Gods Personal appointment but by his approbation and allowance only as all other Governours do And as if God did not so govern the People that the People conferred Kingdoms according to the good will and pleasure of God Almighty Though the People of Rome by the lex Regia gave their power to Romulus their first King yet did they not thereby give up themselves to be Slaves for among the same Laws they had their Laws also in favour of themselves And the Emperor Justinian in the very Institutes acknowledgeth that the Caesars Reign according to the lex Regia by the choice and suffrages of the People Populi suffragia sunto Magistratus creanto Leges sciscunto Pacem bellumque jubento And among the fragments the first Law is Jus Populi fuffragia sunto quodcunque postremum Populus jussit id jus ratumque 12 Tabul lege sancitum est v. Calv. 983. 986. When Proud Tarquin bestroad the Throne and violated all the wholsome Laws of Servius and contemned all the Laws of his Predecessors reducing all to Lust Will and Pleasure they soon expelled him and changed their Kingly Government unto Consular and chose Brutus and Valerius for their Consuls who restored the Laws and others restoring the People to their antient and just Rights such were Leges Valeriae Sacrariae Iciliae and others all which did respect the publick good one whereof made by Valeria Brutus being dead was that there should be an Appeal to the People against all Magistrates administring wrongfully and that none should command in Rome but they on whom the People should confer Power so to do who with their Goods were to be accounted Sacred and if any did usurp such Power without their consent it should be capital Calv. p. 1009. Such a Kingdom is by Aristotle called most properly a Kingdom which was among the Spartans where notwithstanding the Popular Power was above the Kingly which cannot be denied where the People paid all Homage Duty Honour and Respect to their Kings though the Power remained with them which they did not ordinarily exercise yet on just occasions resumed and obtained it It is objected that the People having once delegated their Power to Kings forfeit it neither can the People resume it yet these that thus object do confess that the People may resume their delegated Powers from any other kind or form of Government But what makes the difference is past my understanding when Kingly and all other Governments receive their Power from the People on conditions and which they are sworn to observe and keep and why that Power which is only Fiduciary and
Power it self still virtually remaining in themselves of which they cannot so totally devest themselves but the Spring and Fountain thereof will still remain in them which is demonstrable for that in making Laws their consent is still required as absolutely necessary The nearer we approach and imitate Natures Laws the more demonstrable is the Power of the People above the Power of Kings their Power being only derived from the same People as a Stream from the Fountain It is as evident that the People if free do not simply but hypothetically transfer their Power unto Kings neither undeed can they by the Law of Nature but only conditionally and for the sake of Order of common Justice Peace and Liberty from which if Kings do deviate it is always to be understood that the People have transferred no such Power and indeed transferred nothing because they transferred it only for certain good ends and purposes Nature so guiding which ends if frustrated or perverted the very Pacts and Delegations themselves are ipso facto voidable nay void at the pleasure of the Senate or People and therefore the People must consequently be superior to Kings who though singulis Majores yet in true construction of Law and Equity are universis Minores In a popular State it is generally acknowledged that Magistrates placed by the People may be censured by the People and in an Aristocracy by the Optimacy and yet it 's held monstrous that Kings should be called to account in some Countries which if true concludes thus much certainly true That they are more than brutishly foolish ever to admit of any such Government which most certainly renders them slaves at the will of Kings How comes it to pass that Kings only of all other Governors must Reign unquestionable uncensured uncontrolable Do Men born under such a Regiment naturally become so desperately sottish and bruitish as to love slavery better than freedom Why do they then prescribe them Laws and conditions of Governing and Oaths for the more certain performance of them at their first admittance That they might with the better grace jeer and scorn and enslave them Or that they only of all the Sons and Daughters of Men might have liberty to break Laws and perjure themselves impuné Or be left only to the Judgment of the great day Where 's the great difference and distance between Kings and popular Magistrates Title only excepted Which Title the very People gave them for the better Grace Adornment and Majesty of their own Government The same Power and Authority is transferred unto Kings and unto popular Magistrates by the People both one and the other sworn alike to observance of the Laws and the obliged to obey not one nor the other any longer than quamdiu id bene gesserit Who makes the difference If any God hath already decided it on behalf of the popular Magistracy by his own example who of his own infinite Wisdom Authority and Goodness towards Mankind instituted Judges as the best Form of Government but appointed Kings in Wrath and Anger and Indignation and at the foolish instance of a froward and rebellious People and as a punishment on them who had rejected him and his Government and rebelled against him whereby it is manifest that Kingship was first ordained as a punishment not as the best Government To assert absolute Dominion to be in Kings from the example of Fathers and of Masters of Families hath no ground in Nature Scripture Reason Aristotle in the beginning of his Politicks condemns that Opinion of there being but little difference in the similitude between a Kingdom and a Family Regnum à familia non numero solum sed specie differt For Fathers beget their Children And the People beget or create their Kings and not Kings the People And Fathers provide for their Children but the People provide for Kings not only for their Necessaries but for Superfluities for their Magnificence and for their Grandeur And according to Diodorus 11 o. Kingdoms of old were wont to be given not necessarily to the Sons of Kings but to them in whom did appear most apparent signs and tokens of Love and Kindness towards the People and of common good So Justin Principio rerum gentium nationumque imperium penes reges erat quos ad fastigium hujus majestatis non ambitio Popularis sed spectata inter bonos moderatio provehebat Whereby it plainly appears that Paternal and Hereditary Impery subscribes and is subservient to Virtue and to the Right of Nations Which Original of Kingly Dominion both Reason and Cause are most especially natural for which very cause and reason Men did first assemble and agree on a Government not that one should insult and domineer over all the rest but whosoever did injure another there should be a Law and a Judg amongst them for the defence and recompencing the injured Primus Rex Agis ab Ephoris est morte mulctatus 192. Ob. Rex non est nisi unus sit unicus If so then many that were Kings of England were not To let pass many of the Saxons who had many Peers in their Government either Sons or Brothers It 's manifest that Hen. II. of the Norman Race reigned with his Son. Consentire vultis de habendo ipsum regem 193. Quod opus non foret si regnum jure esset haereditarium apud Reges usurpatio pro Jure saepissime obtinet In the Creation of our Kings the Archbishop asks the People four times Consentire vultis de habendo ipsum regem After the Roman Custom vultis jubetis hunc regnare Of which there was no need if the King had an absolute independent Right of Inheritance Therefore as William the Conqueror took an Oath of Allegiance from the People after the Battel of Hastings so the People took his Oath that he would keep Faith with them c. After which when he broke his Faith with the People they took Arms again then he most solemnly swore again That he would observe and keep the Ancient Laws of England if he tyrannized over them it was not jure belli but jure perjurii And when he died he declared Neminem Anglici regni eonstituo haeredem lib. Cadomens inde jus belli jus haereditarium cum ipso mortuo Gulielmo sepultum est Rex non potest facere injuriam quod scelerate interpretantur Non est injuria quod facit Rex quia in eo non punitur If it be demanded by what Authority Kings may be indicted and censured It 's answered by the same Authority by the same Men and the same Laws that delegated their Power to create them King and that by the self-same reason Kings have no Power but what they have received from the People and therefore they must have Power over Kings and by the Law of St. Edward Kings not governing righteously lose the very name of King and it denies him to be a King. It is never to be forgotten
the manner of the Kingdom he wrote it in a Book which Book say the Hebrew Doctors the Kings either tore or burnt that they might more freely tyrannize Though the Pulpits do not march quatuor pedibus along with Leviathan in his Dogma's of Arbitrary Power in Kings and Princes of quod libet licet in the Twentieth Chapter of his Second Part and elsewhere sparsim yet they go hand in hand with him thus far That if Kings do act contrary to the Laws of God and Nature and of Man yet they are responsible and accountable to none but to God himself Whereas there is not one plain Text or Syllable in the whole Bible maugre all false glosses that concludes any thing for Kings being unaccountable unto human Judgments or that they have an absolute Power or Divine Prerogative So that in summ The Pulpits and Leviathan are so far agreed as to dogmatize Lyes and false Doctrines for to justifie that Kings maugre all mutual and reciprocal Laws Pacts and Covenants may act and govern how they please And to justifie and assert that they ought not so to Govern but to observe the Laws of God of Nature and of Men but yet if they do not they are notwithstanding responsible and accountable to none on Earth but to God only for their so doing which in truth differ in their consequences no more than Herring-men do from Fisher-men and both stink in the Nostrils both of God and of all good Men as destructive to the well being and good Government of all human Societies and have no sound Foundation in the Law of God of Nature or of Reason but are contrary to them all for sans doubt they that have Authority to give and apply Power to this or that Person have Authority also to consure his Actions against the Law of Nature 1. Self-preservation than which nothing is more dear and which Nature seeks by all means and endeavours to preserve as inviolable is common to a Man with all other Animals if you tread but upon a Worm it will turn and if it have a Sting or a Fangue or a Poison have at you 2. Then whatsoever may conduce to its other Happiness of its well-being it labours to obtain them and to avoid the contrary and to hate and revenge the Opposers so that vim vi repellere is as natural to Man as to all other Animals Other Laws of Natural consequence implanted and grafted in him in his first Creation for the better Reglement of Communities throughout the whole World as to do good to all to hurt no Innocents to keep Covenants Promises and Contracts faithfully to contribute their utmost to procure the Happiness of the whole of that Kingdom that Commonwealth or that Society or Community whereof they are Members All which are utterly confounded and destroyed by such Leviathan Pulpit Doctrines 3. It 's against the Law of Men and Nations for where ever there are Laws between Kings and People wherein Salus Populi is ever to be presumed to be the Supreme Law for that God made the whole Creation not only for the Necessities but for the Delights also of the whole Race of Mankind in general and equally without respect of Persons solemnly made and sworn unto by mutual consent there they do mutually reciprocally and solemnly bind each other And the Sword placed in the Magistrates hand is not as the material Sword in the hand of Alexander not to untie but to cut the Traces of that fatal Gordian Chariot but the establisht Laws are the true Sword to which both King and People must submit and be responsible if otherwise making of Laws were but Leonis Catulum alere vid. Eras Adag p. 1. 709. For as the Sword of the Spirit is the Word of God so the Sword of Magistrates are the Laws of God and of Man All which Rights and Priviledges of Mankind are utterly destroyed if this Doctrine be good Doctrine Oaths between King and People being of the same nature with that between Rahab and the Spies which if not performed by her they were to be quit of the Oath which She had made them to swear For Kings though in Title in the execution of Laws and in many Prerogatives they are singulis majores yet in the main they are universis minores the reason is irrefrigable for that the People make Kings and not Kings the People And the like reason Christ is the everlasting Head of the Church because Christ made and ordained the Church to be his peculiar People and not the Church Him the Head of them In Paternal Government which is indisputable there the Fathers beget the Children and not the Children the Father and they owe him Obedience though morose and bitter to them yet if he prove a Tyrant over them their Obligation to him is cancelled and if he Murder any of them he himself shall suffer Death Nature gives Fathers to the People but the People make Kings to themselves and therefore Kings are constituted for the People and not the People for Kings Some places of Scripture are urged though of very little force when brought to the Test and well examined As first let my Sentence come forth from thy presence let thine Eyes behold the things that are equal Psalm 17. 2. What hath this Text to do more particularly with the Government between Kings and their People than with all other troubles and afflictions that Mankind in general is subject unto c. being as applicable to every particular Person persecuted and in troubles as to King David here in confidence of his Integrity craveth defence of God against his Enemies and so may any Body else but it proves nothing that Kings if they oppress their Subjects shall be accountable to none but to God Almighty It doth prove that any oppressed King or not King may appeal unto God to plead their Cause and Protect and Defend them And if it be lawful so to Pray it is lawful to put to their own helping Hands to relieve themselves by any lawful means and endeavours and pray to God to bless their endeavours and so by their prayers and endeavours to co-operate together 't is an Appeal to God to judg between him and his Enemies And is it not lawful nay the duty of all States and Kingdoms to make the like Appeals and Supplications to God Almighty It 's probable that David wrote this Psalm when he was troubled and persecuted by Saul even after he was anointed of God and because he did then make Supplications and Appeal to Jonathan for his life if there be iniquity in me slay me thy self for why shouldst thou bring me to thy Father Will it follow therefore that court was to be made to Jonathan only I doubt not This is a great Example and Encouragement to those that are falsly accused to appeal to God by Prayers and Supplications for help and the reasons that follow are great viz. thine Eyes behold the things that are