objection made what will you say That a whole people that beast of many heads must they run Dominus l. 1. D. de dolo malo in a mutinous disorder to order the businesses of the Common-wealth What addresse or direction is there in an unruly and unbridled multitude what counsell or wisdome to manage the affaires of State When we speak of all the people we understand by that only What is to be understood by this word people those which hold their authority from the people to wit the Magistrates which are inferiour to the King and whom the people hath substituted or established as it were Consorts in the Empire and with a kind of Tribunitiall authority to restrain the encroachments of Sovereignty and to represent the whole body of the people We understand also the Assembly of the Estates which is nothing else but an Epitomy or briefe collection of the Kingdome to whom all publique affaires have speciall and absolute reference such were the Seventy Ancients in the Kingdome of Israel amongst whom the High Priest was as it were president and they judged all matters of greatest importance those seventy being first chosen by six out of each Tribe which came out of the land of Egypt then the Heads or Governors of Provinces In like manner the Judges and Provosts of Towns the Captains of thousands the Centurions and others which commanded over Families the most valiant noble and otherwaies notable personages of whom was composed the body of the States assembled divers times as it plainly appears by the words of the holy Scripture At the election of the first King which was Saul all the Ancients of Israel assembled together at 1 Sam. 1. 4. Rama In like manner and all Israel was assembled or all Judah and Benjamin c. Now it is no way probable that all the people one by one met together there Of this ranck there are in every well governd Kingdom the Princes the Officers of the Crown the Peers the greatest and most notable Lords the Deputies of Provinces of whom the ordinary body of the Estate is composed or the Parliament or the Diet or other Assembly according to the different names used in divers Countries of the world in which Assemblies the principall care is had both for the preventing and reforming either of disorder or detriment in Church or Common-wealth For as the Counsels of Basil and Constance have decreed and well decreed that the universal Councel is in Authoritie above the Bishop of Rome As in like manner the whole Chapter may over-rule the Bishop the Vniversitie the Rector the Court the President Briefly he whosoever he is that hath received authoritie from a Company is inferior ro that whole company although he be superior to any of the particular Members of it Also is it without any scruple or doubt that Israel which demanded and established a King as Governor of the Publick must needs be above Saul established at their request and for Israels sake as it shall be more fully proved hereafter And for so much as an orderly proceeding is necessarily required in all affairs discreetly addressed and that it is not so probably hopefull that order shall be observed amongst so great a number of people yea and that there oftentimes occurs occasions which may not be communicated to a multitude without manifest danger of the Common-wealth We say that all that which hath been spoken of priviledges granted and right committed to the people ought to be referred to the Officers and Deputies of the Kingdom and all that which hath been said of Israel is to be understood of the Princes and Elders of Israel to whom these things were granted and committed as the practice also hath verified The Queen Athalia after the death of her son Ahazia King of â— Chron. 23. Judah put to death all those of the royal bloud except little Joas which being yet in the cradle was preserved by the piety and wisedome of his Aunt Iehoshabeah Athalia possesseth her self of the government and reigned six year over Judah It may well be the people murmured between their teeth and durst not by reason of danger express what they thought in their minds Finally Jehoida the High-Priest the husband of Jehoshabeah having secretly made a league and combination with the chief men of the Kingdom did anoint and Crown King his Nephew Joas being but seven year old And he did not content himself to drive the Queen-Mother from the royal Throne but he also put her to death and presently overthrew the Idolatry of Baal This deed of Jehoiada is approved and by good reason for he took on him the defence of a good Cause for he assailed the Tyranny and not the Kingdom The Tyranny Bartoâ— de Tirannâ—d Deut. 17. 15. I say which had no Title as our modern Civilians speak For by no Law were women admitted to the government of the Kingdom of Judah Furthermore that Tyranny was in vigor and practice For Athalia had with unbounded mischief and cruelty invaded the Realme of her Nephews and in the administration of that Government committed infinite wickedness and which was the worst of all had cast off the service of the the living God to adore and compel others with her the Idol of Baal Therefore then was she justly punished and by him which had a lawful calling and authority to do it For Jehoida was not a private and particular person but the High-Priest to whom the knowledge of civil causes did then belong And besides he had for his Associats the principal men of the Kingdom the Levites and being himself the Kings kins-man and ally Now for so much as he assembled not the estates at Mizpah according to the accustomed manner he is not reproved for it neither for that he consulted and contrived the matter secretly for that if he had held any other manner of proceeding the business must probably have sailed in the execution and success Bartol in tract de Guelph Gibel A combination or conjuration is good or ill according as the end whereunto it is addressed is good or ill and perhaps also according as they are affected which are the managers of it We say then that the Princes of Judah have done well and that in following any other course they had failed of the right way For even as the guardian ought to take charge and care that the goods of his pupil fall not into losse and detriment and if he omit his duty therein he may be compelled to give an account thereof In like manner those to whose custody and tuition the people have committed themselves and whom they have constituted their Tutors and defenders ought to maintain them safe intire in all their rights and priviledges To be short as it is lawfull for a whole people to resist and oppose Tyranny Vlp. l. 260. D. de reg â—â—ui so likewise the principal persons of the Kingdom may
house-hold breakes his staffe of office and sayes Our Master is dead let every one provide for himselfe On the other side the kingdom hath her officers to wit the Mayor of the Palace which since hath been called the Constable the Marshals the Admirall the Chancellour or great Referendary the Secretaries the Treasurers and others which heretofore were created in the Assembly of the three Estates the Clergy the Nobility and the People Since that the Parliament of Paris was made Sedentary they are not thought to be established in their places before they have beene first received and approved by that course of Parliament and may not be dismissed nor deposed but by the authority and consent of the same Now all these officers take their oath to the Kingdome which is as much as to say to the people in the first place then to the King which is protector of he Kingdome the which appears by the tenour of the oath Above all the Constable who receiving the Sword from the King hath it girded unto him with this charge That he maintain and defend the Common-wealth as appears by the words that the King then pronounceth Besides the kingdome of France hath the Peers so called either for S. Filius fam instit quib mod jus patriae pot solvitur that they are the Kings companions or because they are the Fathers of the Common-wealth taking their denominations from the severall Provinces of the kingdome in whose hands the King at his inauguration takes his oath as if all the people of the kingdome were in them present which shews that these twelve Peers are above the King They on the other side swear That they will preserve not the King but the Crown that they will assist the Common-wealth with their councell and therefore will be present with their best abilities to councell the Prince both in peace and war as appears plainly in the Paitentee of their Peership And they therefore have the same right as the Peers of the Court Renatus châ—pinus ' lib. 3. which according to the Law of the Lumbards were not only associates to the Lord of the Fee in the judgment of cauâ—es but also did take an â—ccount and judge the differences that happenod between the Lord and his vassall We may also know that those Peers of France did often discusse suits and differences between the King and his Subjects Insomuch that when Charles the 6. would have given sentence against the Duke of Brittain they opposed it alleadging that the discussing of that businesse belonged properly to the Peers and not to the king who might not in any 〈◊〉 derogate from their authority Therefore it is that yet at this day the Parliament of Paris is called the Court of Peers being in some sort constituted Judge between the king and the people yea between the king and every private person and is bound and ought to maintain the meanest in the kingdome against the kings Attorney if he undertake any thing contrary to law Furthermore if the king ordain any thing in his Councell if he treat any agreement with the Princes his neighbours if he begin a Warre or make peace as lately with Charles the 5. the Emperour the Parliament ought to interpose their authority and all that which concerns the publike State must be there inregistred neither is there any thing firm and stable which the Parliament doth not first approve And to the end that the Councellours of that Parliament should not fear the king formerly they attained not to that place but by the nomination of the whole body of the Court neither could they be dismissed for any lawfull cause but by the authority of the said Body Furthermore if the Letters of the King be not subsigned by a Secretary of the Kingdom at this day called a Secretary of State and if the Letters Pattents be not sealed by the Chancellour who hath power also to cancell them they are of no force or value There is also Dukes Marquesses Earls Vicounts Barons Seneschabs and in the cities and good towns Mayors Baylistes Lieutenants Capitols Consuls Sindiques Sheriffs and others which have speciall authority through the Circuit of some countries or towns to preserve the people of their jurisdiction Time it is that at this day some of these dignities ere become hereditary Thus much concerning the ordinary Magistrates The Assembly of the three Estates Besides all this anciently every yeer and since lesse often to wit when some urgent necessity required it the generall or three Estates were assembled where all the Provinces and Townes of any worth to wâ—t the Burgesses Nobles and Ecclesiasticall persons did all of them send their Deputies and there they did publikely deliberate and conclude of that which concerned the publike state Alwayes the authority of this Assembly was such that what was there determined whether it were to treat peace or make war or create a Regent in the Kingdom or impose some new tribute it was ever held firm and inviolable nay which is more by the authority of this Assembly the Kings convinced of loose intemporancy or of insufficiency for so great a charge or tyranny were disthronized yes their whole Races were for ever excluded from their succession to the Kingdome no more nor lesse as their Progenitors were by the same authority formerly called to the administration of the same Kingdome Those whom the consent and approbation of the Estates had formerly raised were by the dissent and disallowing of the same afterwards cast down Those which tracing in the vertuous steps of their Ancestors were called to that dignity as if it had been their inheritance were driven out and dis-inherited for their degenerating ingratitude for that being tainted with insupportable vices they made themselves uncapable and unworthy of such honour This shews that succession was tollerated to avoid practises close and under-hand canvasing discontents of persons refused contentions interraines and other discommodities of elections But on the other part when successiou brought other mischiefes more pernicious when tyrannie trampled on the Kingdome and when a Tyrant possessed himselfe of the Royal Throne the Medicine proving much worse then the Disease then the Estates of the Kingdome lawfully assembled in the name of all the people have ever maintained their authority whether it were to drive out a Tyrant or other unworthy King or to establish a good one in his place The ancient French had learned that of the Gauses as Caesar shewes in his Commentaries For Ambiorix King of the Eburons or Leigeons confesseth That such were the condition of the Gaulish Empire that the people lawfully assembled had no lesse power over the King then the Caes l. 5. 7. de bello Gal. lico King had over the people The which appears also in Vircingentorix who gives an account of his actions before the Assembly of the people In the kingdoms of Spain especially Aragon Valentia and Catalonia there is the very same For
that which is called the Iustitia Major in Aragon hath the Soveraign authority in it selfe And therefore the Lords which represent the people proceed so far that both at the inaugaration of the King as also at the Assembly of the Estates which is observed every tâ—ird yeer to say to the King in expresse words that which follows We which are as much worth as you and have more power then you chuse you King upon these and these conditions and there is one between you and us which commands over you to wit the Iustitia Major of Aragon which oftentimes refuseth that which the King demands and forbids that which the King â—njoynes In the kingdoms of England and Scotland the Soveraignty seemes to be in the Parliament which heretofore was held almost every yeere They call Parliaments the Assembly of the Estates the kingdome in the which the Bishops Earles Barons Deputies of Towns and Provinces deliver their opinions and resolve with a joynt consent of the affaires of State the authority of this Assembly hath been so sacred and inviolable that the King durst not abrogate or alter that which had been there once decreed It was that which heretofore called and installed in their charges all the chief officers of the kingdome yea and sometimes the ordinary councellers of that which they call the Kings privie Councels In sum the other christian Kingdoms as Hungary Bohemia Denmarke Swedea and the rest they have their officers apart from the Kings and Histories together with the examples that we have in these our times suffâ—ciently demonstrate that these Officers and Estates have knowne how to make use of their authoriâ—y even to the deposing and driving out of the tyrannors and unworthy Kings We must nor therefore esteem that this cuts too short the wings of Royal authority and that it is as much as to take the Kings head from his shoulders We believe that God is Almighty neither think we it any thing diminisheth his power because he cannot sin neither say we that his Empire is lesse to be esteemed because it cannot be neither shaken nor cast downe neither also must we judge a King to be too much abused if he be withheld by others from falling into an errour to which he is over-much inclined or for that by the wisdome and discretion of some of his Councellors his kingdome is preserved and kept intire and safe which otherwise happily by his weaknesse or wickednesse might have been ruined Will you say that a man is lesse healthfull because he is invironed with discreet Physitians which councell him to avoid all intemperance and forbid him to eat such meats as are obnoxious to the stomack yea and which purge him many times against his will and when he resists which will prove his better friends whether these Physitians which are studiously carefull of his health or those Sicophants which are ready at every turn to give him that which must of necessity hasten his end We must then always observe this distinction The first are the friends of the King The other are the friends of Francis which is King The friends of Francis are those which serve him The friends of the King are the officers servants of the kingdom For seeing the King hath this name because of the kingdom and that it is the people which give being and consistence to the kingdome the which being lost or ruined bee must needs ceaâ—e to be a King or at the least not so truly a King or else wee must take a shadow for a substance Without question those are most truly the Kings friends which are most industriously carefull of the welfare of his kingdom and those his worst enemies which neglect the good of the Common wealth and seek to draw the King into the same lapse of errour And as it is impossible to separate the kingdom from the people nor the King from the Kingdome in like manner neither can the friends of the King be dis-joyned from the friends of the people and the Kingdome I say further that those which with a true affection love Francis had rather see him a King then a Subject Now seeing they cannot see him a King it necessarily followes that in loving Francis they must also love the Kingdome But those which would be esteemed more the friends of Francis then of the kingdome and the people are truly flatterers and the most pernitious enemies of the King and publike State Now if they were true friends indeed they would desire and endeavour that the King might become more powerfull and more assured in his estate according to that notable saying of Theopompus King of Sparta after the Ephores or Controllers of the Kings were instituted Tkemore said he are appointed by the People to watch over and look to the affaires of the Kingdome the more those that govern shall have credit and the more safe and happy shall be the State Whether prescription of time can take away the right of the people But peradventure some one will reply you speak to us here of Peers of Lords and Officers of the Crown But I for my part see not any but only some shewes and shadows of antiquity as if they were to be represented on a stage I see not for the present searce any tract of that ancient liberty and authority nay which is worse a great part if not all of those officers take care of nothing but their particular affairs and almost if not altogether serve as flatterers about those Kings who joyntly tosse the poor people like â—ennice bals hardly is there one to be found that hath compussion on or will lend a helping hand to the miserable subjects fleaed and scorched to the very bones by their insolent and insupportable oppression If any be but houth to have such a desire they are presently condemned as Rebels and seditious and are constrained either to fly wiâ—h much discommodity or else must run hazard both of life and liberty What can be answered to this the businesse goes thus The outragiousnesse of Kings the ignorance of the party together with the wicked connivence of the great ones of the kingdome hath been for the most part such throughout the World that the licentious and unbridled power wherewith most kings are transported and which hath made them insupportable hath in a manner by the length of continuance gained right of prescription and the people for want of using it hath incitely quit if not altogether lost their just ancient authority So that it ordinarily happens that what all mens care ought to attend on is for the most part neglected by every man for what is commited to the generalty no man thinkes is commended to his custody Notwithstanding no such prescription nor praevarication can justly prejudice the right of the people It is commonly said that the Exchequers doe admit no â—ale of prescription against it much lesse against the whole body of the people whose power transcends the
to their off-springs and that in some Kingdoms and Countries the right of free election seems in a sort buried yet notwithstanding in all well ordered Kingdoms this custome is yet remaining the sons do not succeed the fathers before the people first have as it were a new established them by their new approbation neither were they acknowledged in qualâ—ity as inheriting it from the dead but approved and accounted Kings then only when they were invested with the Kingdom by receiving the Scepter and Diadem from the hands of those who represent the Majesty of the people One may see most evident marks of this in Christian Kingdoms which are at this day esteemed heriditary for the French King he of Spaine and England and others are commonly sacred and as it were put into posession of their authority by the Peeres Lords of the Kingdom and Officers of the Crowne which represent the body of the people no more nor lesse then the Emperours of Germany are chosen by the Electors and the Kings of Polonia by the yavvodes and Pallatines of the Kingdom where the right of Election is yet in force In like manner also the Cities give no royall reception nor entries unto the King but also their inauguration and anciently they used not to count the times of their reign but from the day of their coronation the which was strictly observed in France But least the continued course of some successions should deceive us we must take notice that the estates of the Kingdoms have often preferred the cosen before the sonne the younger brother before the Elder as in France Lewis was preferred before his brother Robert Earle of Eureux Annalos Gillâ—j in like manner Henry before Robert nephew to Capâ—t Nay which is more by authority of the people in the same Kingdom the Crown hath bin transported the lawfull inheritors living from one linage to another as from that of Meroue to that of the Charlemaint and from that of the Charlemains to thaâ— of the Capets the which hath also beene done in other Kingdoms as the best Historians testify But not to wander from France the long continuance and power of which Kingdom may in some sort plead for a ruling authority and where succession seems to have obtained most â—â—putation We read that Pharamond was chosen in the year 419 Pepin in the year 751. Charles the Great and Carleman the sonne of Pepin in the yeare 768 without having any respect to their Fathers former estate Carleman dying in the yeare 772. his portion fell not presently into the posession of his brother Charles the great as it ordinarily happens in the succession of inheritances but by the Ordinance of the people and the estates of the Kingdom he is invested with it the same authour witnesseth that in the yeare 812 Lewis the Courteous although he were the sonne of Charles the great was also elected and in the Testament of Charlimane inserted into the history written by Nanclere Charlemane doth intreate the people to chuse by a geuerall assembly of the Estates of the Kingdom which of his Grand-children or Nephews the people pleased and commaunding the Vncles to observe and obey the Ordinance of the people by meanes whereof Charles the bald nephew to Lewis the courtious and Iudith doth declare himself to be chosen King as Aimonius the French historian recites To conclude in a word all Kings at the first were altogeather elected and those which at this day seeme to have their Crown and Royall authority by inheritance have or should have first and principally their confirmation from the people Briefly although the people of some Countries have been accustomed to chuse their Kings of such a linage which for some notable merrits have worthily deserved iâ— yet we must believe that they chuse the stock it self and not every branch that proceeds from it neither are they so tied to that election as if the successour degenerate they may not chuse another more worthy neither those which come and are the next of that stock are borne Kings but created such nor called Kings but Princes of the bloud royall The whole body of the people is above the King Now seeing that the people chuse and establish their Kings it followeth that the whole body of the people is above the King for it is a thing most evident that he which is established by another is accounted under him that hath established him he which receives his authority from an other is lesse then he from whom he denies his power Potiphar the Egyptian setteth Ioseph over all his House Nebuchadoezzar Danniel over the Province of Babylon Darius the sixscore governors over the kingdom It is coÌ„monly said that Mrs. establish their servants Kings their officers In like manner also the people establish the King as administrator of the CoÌ„mon-wealth Gâ—od kings have not disdained this title yea he had ones themselvs have affected it insomuch as for the space of divers Ages no Roman Emperor if it were not some absolute tyrant as Nero Domitian Caligula would suffer himself to be called Lord Furthermore it must necessarily be that Kings were instituted for the peoples sake neither can it be that for the pleasure of some hundred of men and without doubt more foolish and worse then many of the other all the rest were made but much rather that thâ—se hundred were made for the usâ— and service of all the other And reason requires that he be preferred above the other who was made only to and for his occasion so it is that for the ships saâ—e the owner appoints a pylot over her who sits at the heâ—m and looks that she keeps her course nor run nor upon any dangerous sheilf the pylot doing his duty is obeyed by the Mariners yea of him himself that is owner of the vessel notwithstanding the pâ—lot is a servant as well as the least in the ship from whom he only differs in this that he servs in better place then they do In a Common-weaâ—th commonâ—y compared to a ship the King holds the pâ—nce of pylot the people in general are owners of the vessel obeying the pylot whilest he is â—aâ—eâ—ull of the publique good aâ—though this pylot neither is nor ought to be esteemed other then servant to the publique as a Judge or General in war differs little from other officers but that he is bound to bear greater burdens expose himseâ—f to more dangers By the same reason also which tâ—e King gains by acquist of arms be 〈…〉 possesseth himself of Frontier places in warring on the enemy or that which he gets bâ— eschâ—ats or consistations he gets it to the Kingdom not to himself to wit to the people of whom the Kingdom is composed no more nor less then the servane doth for his master neither may one contract or obâ—iege themseâ—vs to him but by with reference to the authority derived from the people Furthermore there is an infinite sort of people
Now although some Citizens say that by decree of Senate the Emperour Augustus was declared to be exempt from obedience to Lawes yet notwithstanding Theodosius and all the other good and reasonable Emperours have professed that they were bound to the Lawes lest what had been extorted by violence might be â—cknowledged and received instead of Law And for Augustus Caesar in so much as the Roman Common wealth was en thralled by his power and violence she could â—ay nothing freely but that she had lost her freedome And because they durst not call Augustus a tyrant the senate said he was exempt from â—ll obedience to the lawes which was in effect as much as if they plainely should have said â—he Emperour was an outlâ—w The same right â—â—â—h ever beene of force in all well governed states and Kingdâ—mes of Chrâ—stâ—ndome For neither the Emperour the King of France nor the Kings of Spain England Polander Hungarie and all other lawfull Princes as the Areh Dukes of Austriae Dukes of Brabante Earles of Flanders and Holland nor other Princes are not recreated to the government of their estates before they have promised to the Electours Peeres Palaâ—ins Lords Barons and Governours that they will render to every one right according to the lawes of the Country yea so strictly that they cannot alter or innovate any thing contrary to the priviledges of the countries without the consent of the â—ownes and provinces If they do it they are no lesse guilty of rebellion against the lawes then â—he people is in their kind if they refuse obedience when they command according to law briefly lawfull princes receive the lawes from the people as well as the crown in lieu of honour and the scepter in liue of power which they are bound to keep and maintain and therein repose their chiefest glory If the Prince may make new lawes What then shall it not be lawfull for a Prince to make new lawes and abrogate the old seeing it belongs to the King not onely to advise that nothing be done neither against nor to defraud the lawes but also that nothing be wanâ—ing to them or any thing to much in them briefly that neither age nor lapse of time do abolish or entombe them iâ— there be any thing to abridge added or taken away from them â—t is his duty to assemble the estates and to demand their advise and resolution without presuming to publish any things beâ—ore the whole have beene first duâ—y examined and approved by them after the lâ—w is once ennacted and published there is no more dispute to be made above it all men owe obedience to it and the prince in the first place to teach other men their duty and for that all men are caâ—iâ—ier led by example then by precepâ—s the prince must necessarily expresse his willingnesse to observe the lawes or else by what equity can he require obedience in his subjects to that which he himselfe conâ—â—mnes For the disterence which is betwixt Kings and subjects ought not to consist in impurity but in equity and justice And thereâ—ore although Augustus was esteemed to be exempt by the dâ—cree of the Sâ—nate notwithstanding reproving of a young man that had broken the Iulian law concerning adultery he boldly replyed to Augustus that he himself had transgressed the same laws which condemnes adulâ—eries the Emperour acknowledged his fault and for grief forbore to late So convenient a â—hing it is in nature to practise by example Demoth in oratio con Timocrat that which we would teach by precipt The Lawgicer Solon was wont to compare laws to mony for they mâ—â—nâ—ain human societies as many preserves traffick neither improperly then if they Kings may not lawâ—ully or at the least heretofore could not mannace or imbase good mony without the consent of the Common wealth much more â—eiâ—e can he have power to make and Innocen 3. ad regem Fam. in ca. quado dâ—â—ure juando unmake lawes without the which noâ— Kings nor subjects can coha bite in security buâ— must beforâ—â— to live brutâ—shly in caves and deserts like wild beast wherefore also the Emperour of Germany esteeme it needful to make some law for the good of the empire first he demands the advise of the estates if it be there approved the Princes Barons Deputies of the towns signeiâ— and then the law is ratified for he solemnly swears to keep the laws already made and to introduce no new ones without a generall consent There is a Law in Poloniae which hath beene renewed in the yeere 1454. and also in the yeere 1538. and by those it is decreed that no new Lawes shall be made but by a common consent nor no where else but in the Generall Assembly of the Estates For the Kingdome of France where the Kings are thought to have greater authority then in oâ—her places anciently all Lawes were onely made in the Assembly of the Estates or in the ambulatory Parliament But since this Parliament hath been Sedentary the Kings edâ—cts are not received as authentically before the Parliament hath approved them Whereas on the contrary the decrees of this Parliament where the Law is defective have commonly the power and effect of Law In the Kingdomes of England Spain Hungary and others they yet enjoy in some sort their ancient priviledges For if the welfare of the Kingdom depends of the observation of the Laws and the Lawes are enthralled to the pleasore of one man is it not most certain that there can be no permanent stability in that government Must it not then necessarily come to passe that if the King as some have been be infected with Lunacie either continually or by intervales that the whole State fall inevitably to ruine But if thâ— Laws be superiour to the King as we have already proved and that the King be tyed in the same respect of obedience to the Lawes as the Servant is to his Master who will be so senslesse that will not rather obey the Law then the King or will not readily yeeld his best assistance against those that seek to violate or infringe them Now seeing that the King is not Lord over the Lawes let us examine how far his power may be justly extended in other things Whether the Prince have power of life and death over his Subjects The Minnions of the Court hold it for an undeniable Maxime That Princes have the same power of life and death over their Subjects as anciently Masters had over their slaves and with these false imaginations have so bewitched Princes that many although they put not in ure with much rigour this imaginary right yet they imagine that they may lawfully do it and in how much they defist from the practise thereof insomuch that they quit and relinquisite of their right and due But we affirme on the contrary that the Prince is but as the Minister and Executor of the Law and may only unsheath the Sword against those whom the Law hath
remains the same According to which we know that Charles the fifth of the house of Austria was under Specul Saxon. lib. 3. Vrtic 54. certain conditions chosen Emperour as in the same manner his successors were the summe of which was that he should keep the Lawes already made and make no new ones without the consent of the Electors that he should govern the publick affaires by the advice of the generall Estates nor ingage any thing that belongs to the Empire and other matters which are particularly recited by the Historians When the Emperour is crowned at Aquisgrave the Archbishop of Cullen requires of him in the first place Sleyd lib. 2. 2. If he will maintain the Church if he will distribute justice if he will defend the Empire and protect Widowes Orphans and all other worthy of compâ—ssion The which after he hath solemnly sworn before the Altar the Princes also which represent the Empire are asked if they will not promise the same neither is the Emperour anointed nor receives the other Ornaments of the Empire before he have first taken that solemn oath Whereupon it followes that the Emperour is tied absoutely and the princes of the Empire under condition That the same is observed in the Kingdome of Polonia no man will make question who had but seen or heard of the ceremonies and rites wherewith Henry of Anjoy was lately chosen and crowned King of that Countrey especially then when the condition of maintaining of the two Religions the Reformed and the Roman was demanded the which the Lords of the kingdome in expresse termes required of him three severall times and he as often made promise to perform The same is observed in the Kingdomes of Bohemia Hungary and others the which we omit to relate particularly to avoid prolixity Now this manner of stipulation is not onely received in those Kingdomes where the right of election is yet entirely observed but even in those also which are esteemed to be simply hereditary When the King of France is crowned the Bishops of Laon and Beauvois Ecclesiasticall Peeres ask all the people there present whether they desiâ—e and command that he which is there before them shall be their King Whereupon he is said even then in the stile of the inauguration to be chosen by the people and when they have given the signe of consenting then the King sweares that he will maintaine all the rights priviledges and lawes of France universally that he will not aliene the Dâ—meane and the other Articles which have been yet so changed and accomodated to bad intentions as they differ greatly from that copie which remaines in the Library of the Chapter of Beauvois according to which it is recorded that King Philip the first of that name tooke his Oath at his Coronation yet notwithstanding they are not unfitly expressed Neither is he girded with the sword nor anointed nor crowned by the Peers who at that time weare Coronets on their heads nor receives the Scepter and rod of Justice nor is proclaimed King before first the people have commanded it neither doe the Peers take their oaths of alleageance before he have first solemnly sworne to keepe the Lawes carefully And those be that he shall not waste the publicke revenue that he shall not of his own proper authoritie impose any taxes customes or tributes that he shall not make peace or warre nor determine of State-affaires without the advise of the Councell of State Briefly that he should leave to the Parliament to the States and to the Officers of the Kingdome their authoritie intire and all things else which have been usually observed in the Kingdome of France And when he first enters any Citie or Province he is bound to confirme their priviledges and sweares to maintaine their Lawes and Customes This is straitly observed in the Cities of Tholouse and Rochel and in the Countries of Daulphinie Province and Britaine The which Townes and Provinces have their particular and expresse Covenants and agreements with the Kings which must needs be voyde if the condition expressed in the Contract be not of force nor the Kings tied to the performance There is the forme of the Oath of the ancient Kings of Burgundie In Annal. Burgund yet extant in these words I will protect all men in their rights according to Law and justice In England Scotland Sweden and Denmarke there is almost the same custome as in France but in no place there is used a more discreet care in their manner of proceeding than in Spaine For in the Kingdome of Arragon after the finishing of many Ceremonies which are used between him which represents the Justitia major of Arragon which comprehends the majestie of the Common-wealth seated in a higher seate and the King which is to be crowned who sweares fealtie and does his homage and having reade the Lawes and conditions to the accomplishment whereof he is sworne Finally the Lords of the Kingdome use to the King these words in the vulgar Language as is before expressed page 60. Nos qui valemos tanto como vos y podemos mas que vos vos elegimos kei con estas è y estat conditiones entra vos y nos un que manda mas que vos Wee which are as much worth as you and have more power than you choose you King upon these and these conditions and there is one between you and us which commands over you But least the King should thinke he swore onely for fashion sake and to observe an olde custome every third yeare in full assemblie of the Estates the very same words and in the same manner are repeated unto him And if under pretext of his royall dignitie he become insolent violating the Lawes and neglect his publick faith and promise given then by the priviledge of the Kingdome he is judged excommunicated as execrable as Julian the Apostata was by the primitive Church which excommunication is esteemed of that validitie that instead of praying for the King in their publick oraysons they pray against him and the subjects are by the same right acquit from their oath of Alleageance as the vassall is exempted from obedience and obligation by oath to his Lord which stands excommunicated the which hath been determined and confirmed In Concil Tolet 4. c. 74. in Tolet. 6. lib. 2. feud tit 28. sect 1. both by act of Councell and Decree of State in the Kingdome of Arragon In like manner in the Kingdome of Castile in full assembly of the Estates the King being readie to be crowned is first in the presence of all advertised of his dutie and even then are reade the Articles discreetly composed for the good of the Common-wealth the King sweares he will observe and keepe them carefully and faithfully which being done then the Constable takes his oath of alleageance after the Princes and Deputies for the Townes sweare each of them in their order and the same is
who notwithstanding vaunts himselfe to be the King of Kings and as much in dignitie above the Emperour as the Sunne is above the Moone assuming to himselfe power to depose Kings and Emperours when he pleaseth Who will make any doubt oâ— question that the generall Assembly of the Estates of any kingdome who are the representative body thereof may not onely degrade and disthronize a tyrant but also even disauthorize and depose a King whose weaknesse or folly is hurtfull or pernicious to the State But let us suppose that in this our Ship of State the Pilot is Simile drunke the most of his associates are asleepe or after large and unreasonable tipling together they regard their imminent danger in approaching a rocke with idle and negligent jollitie the Ship in the meane season in stead of following her right course that might serve for the best advantage of the owners profit is ready rather to split her selfe What should then a Masters-mate or some other under-Officer doe who is vigilant and carefull to performe his dutie Shall it be thought sufficient for him to pinch or poule them which are asleepe without daring in the meane time to put his helping hand to preserve the Vessell which runnes on a course to destruction least he should be thought to intermeddle with that which he hath no authoritie nor warrant to doe What mad discretion nay rather notorious impietie were this Seeing then that Tyranny as Plato saith is a drunken frenfie or frantick drunkennesse Plato lib. 8. 9. de repub if the Prince endeavour to ruine the Common-wealth and the principall Officers concurre with him in his bad purposes or at the least are luld in a dull and drowsie dreame of securitie and the people being indeed the true and absolute owner and Lord of the State be through the pernicious negligence and fraudulent connivency of those Officers brought to the very brim of danger and destruction and that there be notwithstanding amongst those unworthy Ministers of State some one that doth studiously observe the deceitfull and dangerous encroachments of tyranny and from his soule deteste it What opposition doe wee suppose best befits such a one to make against it Shall he consent himselfe to admonish his associates of their dutie who to their utmost abilitie endeavour the contrary Besides that such an advertisement is commonly accompanied with too much danger and the condition of the times considered the very solliciting of reformation will be held as a capitall crime so that in so doing he may be not unfitly Simile resembled to one that being in the middest of a desert environed with theeves should neglect all meanes of defence and after he had cast away his Armes in an eloquent and learned discourse commend justice and extoll the worth and dignitie of the Lawes This would be truly according to the Proverbe To run mad with reason What then Shall he be dull and deafe to the groanes and cries of the people Shall he stand still and be silent when he sees the theeves enter Shall he onely hold his hands in his bosome L. 3. l. Omne delictum â—â—ult D. de re milit and with a dâ—mure countenance idlely bowaile the miserable condition of the times If the Lawes worthily condemne a Souldier which for feare of the enemies counterfeits sicknesse because in so doing he expresseth both disloyaltie and treachery What punishment can we invent sufficient for him who either maliciously or basely betrayes those whose protection and defence he hath absolutely undertaken and sworne Nay rather then let such a one cheerefully call one and command the Mariners to the performance of their dutie let him carefully and constantly take order that the Common-wealth be not indamaged and if need so require even in despite of the King preserve the Kingdome without which the kingly title were idle and frivolous and if by no other meanes it can be effected let him take the King and binde him hand and foote that so he may be more conveniently cured of his frensie and madnesse For as wee have already said all the administration of the Kingdome is not by the people absolutely resigned into the hands of the King as neither the Bishopricke nor care of the universall C. Nullus in Carthagin Council Doctores pontificii Church is totally committed to the Pope but also to the care and custody of all the principall Officers of the Kingdome Now for the preserving of peace and concord amongst those which governe and for the preventing of jealousâ—â—s factions and distrusts amongst men of equall ranke and dignitie the King was created as prime and principall Superintendent in the government of the Common-wealth The King sweares that his most speciall care shall be for the welfare of the Kingdome and the Officers of the Crowne take all the same oath If then the King or divers of them falsifying their faith ruine the Common-wealth or abandon her in her greatest necessitie must the rest also fashion themselves to their base courses and quit all care of the States safetie as if the bad example of their companions absolved them from their oath of fidelitie Nay rather on the contrary in seeing them neglect their promise they shall best advantage the Common-wealth In carefully observing theirs chiefly because for this reason they were instituted as in the steads of Ephori or publick Controllers and for that every thing gaines the better estimation of just and right in that it is mainly and principally addressed to that end for which is was first ordained Furthermore if divers have joyntly vowed one and the same thing is the obligation of the one annihilated by the perjurie of the other If many become bound for one and the same summe can the banquerouting of one of the obligees quit the rest of their ingagement If divers tutors administer ill the goods of their pupill and that there be one amongst them that makes conscience of his actions can the bad dealing of his companions acquit him Nay rather on the contrary he cannot free himselfe from the infamie of perjurie if to the utmost of his power he doe not truely dilcharge his trust and perform his promise neither can the others defalliancy be excused in the bad managing of the tutorship if they likewise accuse not the rest that were joyned with them in the administration for it is not onely the principall tutor that may call to an account those which are suspected to have unjustly L 3. D. de administ peric tutor cur lib. 3. D. de suspect tus cura or indiscreetly ordered the affaires of their pupill but even those which were formerly removed may also upon just occasion discharge and remove the delinquents therein Therefore those which are obliged to serve a whole Empire or Kingdome as the Constable Marshals Peeres and others or those which have particular obligations to some Provinces or Cities which make a part or
Vindiciae contra Tyrannos A Defence of Liberty against Tyrants OR Of the lawfull power of the Prince over the people and of the people over the Prince BEING A Treatise written in Latin and French by Junius Brutus and translated out of both into ENGLISH Questions discussed in this Treatise I. Whether Subjects are bound and ought to obey Princes if they command that which is against the Law of God II. Whether it be lawfull to resist a Prince which doth infringe the Law of God or ruine the Church by whom how and how farre it is lawfull III. Whether it be lawfull to resist a Prince which doth oppresse or ruine a publique State and how farre such resistance may be extended by whom how and by what right or law it is permitted IV. Whether neighbour Princes or States may be or are bound by Law to give succours to the Subjects of other Princes afflicted for the cause of true Religion or oppressed by manifest tyranny LONDON Printed by Matthew Simmons and Robert Ibbitson in Smithfield neer the Queens-head Tavern 1648. THE Emperors Theodosias and Valentinian TO VOLVSIANVS Great Provost of the Empire IT is a thing well-becomming the Majesty of an Emperour to acknowledge himself bound to obey the Laws Our authority depending on the authority of the Laws and in very deed to submit the principallity to Law is a greater thing then to beare rule We therfore make it known unto all men by the Declaration of this our Edict that Wee doe not allow Our selves or repute it lawfull to doe any thing contrary to this Justine in the second Book speaks thus of Lycargns Law-giver to the Lacedemonians He gave Laws to the Spartans which had not any and was as much renowned for his diligent observing of them himself as for his discreet Inventing of them For he made no Laws for others to the obedience whereof he did not first submit himself Fashioning the people to obey willingly and the Prince to Govern uprightly The first Question Whether Subjects are bound and ought to obey Printes if they command that which is against the Law of God THIS question happily may seeme at the first view to be altogether superfluous and unprofitable for that it seems to make a doubt of an axiome allways held infallible amongst Christians confirmed by many testimonies in Holy Scripture divers examples of the histories of all ages and by the death of all the Holy Martyrs for it may be well demanded wherefore Christians have endured so many afflictions but that they were alwayes perswaded that God must be obeyed simply and absolutly and Kings with this exception that they command not that which is repugnant to the law of God Otherways wherfore should the Apostles have answered that God must rather be obeyed than men and also Act. 4. 19. seeing that the only wil of God is always just and that of men may be and is oftentimes unjust who can doubt but that we must always obey Gods commandements without any exception and mens ever with limitation But for so much as there are many Princes in these days calling themselves Christians which arrogantly assumes an unlimited power over which God himselfe hath no command and that they have no want of flatterers which adore them as Gods upon earth many others also which for feare or by constraint either seem or else do beleeve that Princes ought to be obeyed in all things and by all men And withall seeing the unhappines of these times is such that there is nothing so firme certain or pure which is not shaken disgraced or polluted I feare me that whosoever shall neerly and throughly consider these things will confesse this question to be not only most profitable but also the times considered most necessary For my owne part when I consider the cause of the many calamities wherewith Christendome hath been afflicted for these late yeares I cannot but remember that of the Prophet Hosea The Princes of Judah were like them Hos 5. 10. 11. that remove the bounds wherefore I will power out my self like water Ephraim is oppressed and broken in judgement because he willingly walked after the Commandement Here you see the sin of the Princes and people dispersed in these two words 〈◊〉 〈◊〉 The Princes exceed their bounds not contenting themselves with that authority which the Almighty and all good God hath given them but seeke to usurpe that sovereignty which he hath reserved to himselfe over all men being not content to command the bodys and goods of their Subjects at their pleasure but assume licence to themselves to inforce the Consciences which appertaines chiefly to Jesus Christ holding the earth not great enough for their ambition they will climbe and conquor heaven it selfe The people on the other side walkes after the commandement when they yeeld to the desire of Princes who command them that which is against the law of God and as it were burn incense to and adore these earthy Gods and instead of resisting them if they have means and occasion suffer them to usurp the place of God making no conscience to give that to Caesar which belongs properly and only to God Now is there any man that sees not this if a man disobey a Prince commanding that which is wicked and unlawfull hee shall presently bee esteemed a Rebell a Traytor and guilty of High Treason our Saviour Christ the Apostles and all the Christians of the Primitive Church were charged with these Calumnies If any after the example of Ezra and Nehemiah dispose himselfe to the building of the Temple of the Ezra 4. Nehe. 5 7. Lord It wil be said he aspires to the Crowne hatches innovations and seeks the ruine of the State then you shall presently see a million of these Minnious and flatterers of Princes tickling their eares with an opinion that if they once suffer this Temple to be re-builded they may bid their Kingdome farewell and never look to raise impost or taxes on these men But what a madnesse is this There are no estates which ought to be esteemed firme and stable but those in whom the Temple of God is built and which are indeed the Temple it selfe and these we may truly call Kings which reigne with God seeing that it is by him only that Kings reign On the contrary what beastly foolishnesse is it to think that the State and Kingdome cannot subsist if God Almighty be not excluded and his Temple demolished From hence proceeds so many Tyrannous enterprises unhappy and tragick death of Kings and ruines of people If these Sicophants knew what difference there is between God and Caesar between the King of Kings and a simple King between the Lord and the Vassal and what tributs this Lord requires of his Subjects and what authority he gives to Kings over those his Subjects certainly so many Princes would not strive to trouble the Kingdome of God and we should not see some of them precipitated from their
Throns by the just instigation of the Almighty revenging himselfe of them in the midst of their greatest strength and the people should not be so sack't and pillag'd and troden down It then belongs to Princes to know how farre they may extend their authority and to subjects in what they may obey them lest the one incroaching on that jurisdiction which no way belongs to them and the others obeying him which commandeth further then he ought they be both chastised when they shall give an account thereof before another Judge Now the end and scope of the question propounded whereof the Holy Scripture shall principally give the resolution is that which followeth The question is if subjects be bound to obey Kings in case they command that which is against the Law of God that is to say to which of the two God or the King must we rather obey when the question shall be resolved concerning the King to whom is attributed absolute power that concerning other Magistrates shall be also determined First the Holy Scripture doth teach that God reignes by his owne proper authority and Kings by derivation God from himselfe Kings from God that God hath a jurisdiction proper Kings Prov. 8. Iob 12. Wisd 6. 3. are his delegates It followes then that the jurisdiction of God hath no limits that of Kings bounded that the power of God is infinit that of Kings confin'd that the Kingdom of God extends it selfe to all places that of Kings is restrain'd within the confines of certaine countries In like manner God hath created of nothing both heaven and earth wherefore by good right he is Lord and true Proprietorie both of the one and the other All the Inhabitants of the earth hold of him that which they have and are but his tenants and farmers all the Princes and Governors of the world are his stipendaries and vassals and are bound to take and acknowledge their investitures from him Briefly God alone is the owner and Lord and all men of what degree or quality soever they be are his servants farmers officers and vassals and owe account and acknowledgement to him according to that which he hath committed to their dispensation the higher their place is the greater their account must be and according to the ranks whereunto God hath rais'd them must they make their reckoning before his divine Majesty which the Holy Scripture teacheth in infinit places and all the faithfull yea and the wisest amongst the Heathen have ever acknowledged The earth is the Lords and the fulnesse thereof so saith King David And to the end that Psal 24. men should not sacrifice to their owne industry the earth yeelds no increase without the dew of heaven Wherefore God commanded that his people should offer unto him the first of their fruits and the Heathens themselves have consecrated the same unto their gods to the end that God might be acknowledged Lord and they his grangers and vine dressers the heaven is the Throne Isay 66. 1. 1 Kings 1. 8 of the Lord and the earth his foot-stoole And therefore seeing all the Kings of the world are under his feet it is no marvail if God be called the King of kings and Lord of lords all Kings be termed his Ministers established to judge rightly and govern justly Prov. 8. 15 the world in the quality of Livetenants By me so saith the divine Wisdom Kings reigne and the Princes judge the earth If Job 1â— 18. they doe it not he looseth the bonds of Kings and girdeth their loyns with a girdle As if he should say it is in my power to establish Dan. 2. 21. Kings in their Thrones or to thrust them out and from that occasion the Throne of Kings is called the Throre of God Blessed be the Lord thy God saith the Queen of Sheba to King Solomon 2 Chron. 9. 8. which delighted in thee to set thee on his Throne to be King for the Lord thy God to doe judgement and justice In like manner we reade in another place that Solomon sate on the Throne of the 2 Chron. 2â— â—3 1 Sam. 9. 1â— and 10. 1. Lord or on the Throne of the Lords Kingdome By the same reason the people is alwayes called the Lords people and the Lords inheritance and the Kings Governor of this inheritance and Conductor or Leader of his people of God which is the title given to David to Solomon to Ezechias and to other good Princes 2 Sam. 6. 21. 2 Kings â—0 5. 2 Chron. 1 9. 2 King 11. 2 Chron. 33. 16. 2 Chron. 20. 6. when also the Covenant is passed betwixt God and the King it is upon condition that the people be and remaine alwayes the people of God to shew that God will not in any case despoyle himselfe of his propriety and possession when he gives to Kings the government of the people but establish them to take charge of and well use them no more nor lesse then he which makes choyse of a Shepheard to looke to his flocks remains notwithstanding himselfe still Master and owner of them This was alwayes knowne to those good Kings David Solomon Jehosaphat and others which acknowledged God to bee the Lord of their Kingdomes and nations and yet lost no priviledge that justly belongs to reall power yea they reigned much more happily in that they employed themselves cheerfully in the service of God and in obedience to his Commandements Nebuchadnezer although hee were a Heathen and a mighty Emperour did yet at the end acknowledge Dan 2. 3â— and 4. 14. this for though Daniel called him the King of Kings to whom thee King of Heaven had granted power and Royall Majesty above all others Yet on the contrary said hee Thy God O Daniel is truly the God of Gods and Lord of Lords giving Kingdomes to whom he pleaseth yea to the most wretched of the world For which cause Zenephon said at the Coronation of Cyrus let us sacrifice to God And prophane Writers in many places doe magnifie God the most mighty and Sovereigne King At this day at the Inaugurating of Kings and Christian Princes they are called the servants of God destinated to governe his people Seeing then that Kings are only the Leiutenants of God established in the Throne of God by the Lord God himselfe and the people are the people of God and that the honour which is done to these Leiutenants proceeds from the reverence which is borne to those that sent them to this service it followes of necessity that Kings must bee obeyed for Gods cause and not against God and then when they serve and obey God and not otherwayes It may be Divisum imperium cum Jove Caesar habet that the flatterers of the Court wil reply that God hath resigned his power unto Kings reserving Heaven for himselfe and allowing the Earth to them to reign and govern there according to their owne phancies briefly that the great ones of
the World hold a devided Empire with God himselfe Behold a discourse proper enough for that impudent Villaine Cleon the Sicophant of Alexander or for the poet Martiall which was not ashamed to call the Edicts of Domitian the Ordinances of the Lord God This discourse I say is worthy of that execrable Domitian who as Suetonius recites would be called God and Lord But altogether unworthy of the â—ares of a Christian-Prince and of the mouth of good Subjects that sentence of God almighty must always remaine irrevocably true I will not give my glory to any other that is no man shall have such absolute Isa 48. 11. authority but I will alwayes remaine sovereigne God doth not at any time disvest himselfe of his power he holds a Scepter in one hand to represse and quell the audatious boldnesse of those Princes which mutiny against him and in the other a ballance to controle those that administer not justice wiâ—h equity as they ought then these there cannot be expressed more psa 2. 9. Wisd 6 4. certaine markes of sovereigne command And if the Emperor in creating a King reserves alwayes to himselfe the imperiall soveraignty or a King as he of France in granting the government or possession of a Province to a stranger or if it be to his Brother or Son reserves always to himselfe appeales and the knowledg of such things as are the marks of royalty and sovereignty the which also are always understood of themselves to be excepted although they wer altogether omitted in the grant of investiture and fealty promised with much more reason should God have sovereign power and command over al Kings being his servants and Officers seeing wee reade in so many places of Scripture that he will call them to an account and punish them if they doe not faithfully discharge their duties Then therefore all Kings are the Vassals of the King of Kings invested into their Office by the sword which is the cognisance of their royall authority to the end that with the sword they maintaine the Law of God defend the good and punish the evill Even as we commonly see that he which is a sovereigne Lord puts his Vassals into possession of their fee by girding them with a sword delivering them a buckler and a standard with condition that they shall fight for them with those armes if occasion shall serve Now if we consider what is the duty of Vassalls we shall find that what may be said of them agrees properly to Kings The Vassall receives his fee of his Lord with right of justice and charge to serve him in 1 Sam. 8. and 9 20. his warres The King is established by the Lord God the King of Kings to the end he should administer justice to his people and defend them against all their enemies The Vassall receives law and conditions from his Sovereigne God commands the King to observe his laws and to have them always before his eyes promising that he and his successors shall possesse long the Kingdom if they be obedient and on the contrary rebellious to their Sovereigne King The Vassall obligeth that their reigne shall be of small continuance if they prove himselfe by Oath unto his Lord and sweares that he will be faithfull and obedient In like manner the King promiseth solemnly to command according to the expresse Law of God Deu. 17. 19. Briefly the Vassall looseth his fee if he commit fellony and by law forfeiteth all his priviledges In the like case the King looseth his Right and many times his Realme also if he dispise God if he complot with his enemies and if he commit fellony against that Royall Majesty this will appeare more clearely by the consideration of the Covenant which is contracted between God and the King for God does that honour to his servants to call them his confederats Now we reade of two sorts of Covenants at the Inaugurating of Kings the first betweene God the King and the People that the people might be the people of God The second between the King and the people that the people shall obey faithfully and the King command justly we will treat hereafter of the second and now speak of the first When King Joas was crowned we read that a Covenant was contracted between God the King and the People or as it is The Alliance between God and the Kings 2 King 11. 2 Chro. 23. 16. 2 king 23. said in another place between Jehojada the High-Priest all the People and the King That God should bee their Lord. In like-manner we read that Josias and all the people entred into Covenants with the Lord we may gather from these testimonies that in passing these Covenants the High-Priest did Covenant in the name of God in expresse termes that the King and the people should take order that God might be served purely and according to his will throughout the whole Kingdome of Juda that the King should so reigne that the people were suffered to serve God and held in obedience to his law That the people should so obey the King as their obedience should have principall relation to God It appeares by this that the King the people are joyntly bound by promise and did obleige themselves by solemn Oath to serve God before al things And indeed presently after they had sworn the Covenant Josias and Joas did ruine the Idolatry of Baal and re-established the pure service of God The principall poynts of the Covenants were cheifly these That the King himselfe and all the people should be carefull to honour and serve God according to his will revealed in his word which if they performed God would assist and preserve their estates as in doing the contrary he would abandon and exterminate them which doth plainly appeare Deut. 29. 30. 31. Deut. 31. 26. by the conferring of divers passages of holy writ Moses somewhat before his death propounds these conditions of Covenant to all the people and at the same time commands that the Law which be those precepts given by the Lord should be in deposito kept in the Arke of the Covenant After the decease Josh 1. of Moses Joshua was established Captaine and Conductor of the people of God and according as the Lord himselfe admonished if hee would have happy successe in his affaires he should not in any sort estrange himselfe from the Deut. â—7 2â— Jos 5. 24. Law Joshua also for his part desiring to make the Israelites understand upon what condition God had given them the Country of Canaan as soon as they were entred into it after due sacrifices performed he read the Law in the presence of all the people promising unto them in the Lords name all good things if they persisted in obedience and threatning of all evill if they wilfully connived in disobedience Sommarily he assures them all prosperity if they observed the Law as otherways he expresly declared that in doing the contrary they
should bee utterly ruined Also at all such times as they left the service of God they were delivered into the hands of the Canaanites and reduced in to slavery under their Tyranny Now this Covenant between God and the people in the times of the Judges had vigor also in the times of the Kings and was treated with them After that Saul had been anoynted chosen and wholly established King Samuel speakes unto the people in these termes Behold the King whom you have demanded 2 Sam. 12. and chosen God hath established him King over you obey you therefore and serve the Lord as well you as your King which is established over you otherwise you and your King shall perish As if hee should say you would have a King and God hath given you this here notwithstanding thinke not that God will suffer any encroachment upon his right but know that the King is as well bound to observe the Law as you and if he faile therein his delinquency shall be punished as severely as yours Briefly according to your desires Saul is given you for your King to lead you in the wars but with this condition annexed that he himself follow the Law of God After that Saul was rejected because he kept not 2 king 2. 4. 6. 12. his promise David was established King on the same condition so also was his Son Solomon for the Lord said If thou keep my Law I will confirm with thee the Covenant which I contracted with David Now concerning this Covenant it is inserted into the second book of the Chronicles as followeth There shall not faile there a man in my sight to sit upon the Throne of Israel yet so that thy children take heed 2 Chron. 6. 16. 7. 17. 2 king 33. 2. Deut 17. 18 1 Sam. 10. 25. to their way to walk in my Law as thou hast walked before me But if they serve Idols I will drive them from the Land whereof I have given them possession And therefore it was that the book of the Law was called the book of the Covenant of the Lord who commanded the Priests to give it the King according to which Samuel put it into the hands of Saul and according to the tenure thereof Josias yeelds himself soedetarie and vassal of the Lord. Also the Law which is kept in the Ark is called the Covenant of the Lord with the children of Israel Finally the people delivered from the captivity of Babylon doe renew the Covenant with God and do acknowledge 2 Chron. 6 11. Nehem. 9 38. throughout that Chapter that they worthily deserved all those punishments for their falsifying their promise to God It appears then that the Kings swear as vassals to observe the Law of God whom they confesse to be Sovereign Lord over all Now according to that which we have already touched if they violate their Oath and transgresse the law we say that they have lost their kingdome as vassalls loose their fee by committing fellony We have said that there was the same covenant between God and the Kings of Judah as before between God and the people in the times of Jud. 2. 24 4. 2. c. 9. 33. 1 Sam. 13. 13. 15. 26. Joshua and the Judges But we see in many places that when the people hath despised the Law or made covenants with Baal God hath delivered them into the hands of Eglon Jabin and other Kings of the Canaanites And as it is one and the same Covenant so those which do break it receive like punishment Saul is so audacious to sacrifice infringing thereby the Law of God and presently after saves the life of Agag King of the Amalekites against the expresse Commandement of God for this occasion he is called Rebell by Samuel and finally is chastized for his Rebellion Thou hast sacrificed saith he but thou hadst done better to obey God for obedience is more worthy than sacrifice Thou hast neglected the Lord thy God he also hath rejected thee that thou Reign no more over Israel This hath been so certainly observed by the Lord that the very children of Saul were deprived of their paternall inheritance for that he having committed high Treason did thereby incurre the punishment of Tirants which affect a Kingdom that no way appertains unto them And not only the Kings but also their children and successors have been deprived of the Kingdome by reason of such fellony Solomon revolted from God to worship Idols Incontinently the Prophet Abijah foretels that the Kingdome shall be divided under his Son Rehoboam Finally the word of the Lord is accomplished and ten Tribes which made the greatest portion of the Kingdome doe quit Rehoboam and adhere to Jeroboam his servant Wherefore is this for so much saith the Lord that they have left me to goe after Astoroche the God of the Sidoniens and Chamos the God of the Moabites c. I will also break in peeces their Kingdome as if he should say they have violated the Covenant and have not kept promise I am no more then tied unto them they will lessen my majesty and I will lessen their Kingdome Although they be my servants yet notwithstanding they will expel me my Kingdome but I will drive them out themselves by Jeroboham which is their servant Furthermore for so much as this servant fearing that the ten tribes for the cause of Religion should returne to Jerusalem set up Calves in Bethel and made Israel to sin withdrawing by this meanes the people far from God what was the punishment of so ingratfull a Vassall and wicked Traytor towards his Lord First his son died and in the end all his race even unto the last of the males was taken from the face of the earth by the sword of Baasa according to the judgement which was pronounced against him by the Prophet because he revolted from the obedience of the Lord God this then is cause sufficient often times also propounded for the which God doth take from the King his fee when he opposeth the Law of God withdraws himselfe from him to follow his enemies to wit Idols and as like crimes deserve like punishments we read in the holy Histories that Kings of Israel and of Juda which have so far forgotten themselves have in the end miserably perished Now although the forme both of the Church and the Jewish Kingdome be changed for that that which was before inclosed within the narrow bounds of Judea is now dilated throughout the whole World notwithstanding the same things may be said of Christian Kings the Gospell having succeeded the Law and Christian Princes being in the place of those of Jury There is the same Covenant the same Conditions the same Punishments and if they faile in the accomplishing the same God Almighty revenger of all perfidious disloyalty and as the former were bound to keep the Law so the other are obliged to adhere to the doctrine of the Gospel for
the advancement whereof these Kings at their anoynting and receiving doe promise to imploy the utmost of their means Herod fearing Christ whose reign he should rather have desired sought to put him to death as if he had affected a Kingdome in this World did himselfe miserably perish and lost his Kingdome Julian the Apostate did cast off Christ Jesus to cleave unto the Impiety and Idolatry of the Pagans but within a small time after he fell to his confusion the force of the arme of Christ whom in mockery he called the Gallilean Ancient histories are repleate with such examples neither is there any want in those of these times Of late yeares divers Kings drunke with the liquor which the Whore of Babilon hath presented unto them have taken armes and for the love of the Wolfe and of Antichrist have made War against the Lambe of God which is Christ Jesus and yet at this day some amongst them doe continue in the same course wee have seen some of them ruin'd in the deed and in the middest of their wickednesse others also carried from their triumphs to their graves those which survive and follow them in their courses have little reason to expect a better issue of their wicked practices this sentence remaines always most certaine That though all the psa 2. 2. psa 1 10 2. Apoc. 19 16. Kings of the earth doe conjure and conspire against Christ and indeavour to cut in peeces our Lambe yet in the end they shall yeeld the place and maugre their hearts confesse that this Lambe is the King of Kings and Lord of Lords But what shall wee say of the Heathen Kings Certainly although they be not anoynted and sacred of God yet be they his Vassalls and have received their power from him whether they be chosen by lot or any other meanes whatsoever If they have been chosen by the voyces of an Assembly we say that God governs the heart of man and addresses the minds and intentions of all persons whether he pleaseth If it be by lot the lot is cast in the lap saith the wise man but the whole disposing thereof is of the Lord. It is God only that in all ages establisheth and takes away confirmes and overthrows Kings pro. 16 33. according to his good pleasure In which regard Isay cals Cyrus the anoynted of the Lord and Daniel saith that Nebuchadnezer Esa 45. 1. Dan. 2. 21 4. 24. Rom. 13. 1â— and others have had their Kingdomes committed unto them by God as also Saint Paul maintains that all Magistrats have received their authority from him For although that God hath not commanded Pagans in expresse termes to obey him as he hath don those that have knowledg of him yet notwithstanding the Pagans must needs confesse that it is by the sovereigne God that they reign wherefore if they will not yeeld the tribute that they owe to God in regard of themselves at the least let them not attempt nor hinder the Sovereigne to gather that which is due from those people which are in subjection to them nor that they doe not anticipate nor appropriate to themselves divine Jurisdiction over them which is the crime of high treason and true tyrannie for which occasion the Lord hath grievously punished even the Pagan Kings themselves It then becomes those Princes that will free themselves from so enormious a mischiefe carefully to distinguish their jurisdiction from that of Gods yea so much the more circumspectly for that God and the Prince have their right of authority over one and the same Land over one and the same man over one and the same thing man is composed of body and soule God hath formed the body and infused the soule into him to him only then may be attributed and appropriated the commands both over the body and soule of man If out of his meer grace and favour he hath permitted Kings to employ both the bodies and goods of their subjects yet still with this Proviso and charge that they preserve and defend their subjects certainly Kings ought to thinke that the use of this authority is in such manner permitted that notwithstanding the abuse of it is absolutely forbidden First those which confesse that they hold their soules and lives of God as they ought to acknowledge they have then no right to impose any tribute upon soules The King takes tribute and custome of the body and of such things as are acquired or gained by the industry and travaile of the body God doth principally exact his right from the soule which also in part executes her functions by the body In the tribute of the King are comprehended the fruits of the earth the contributions of money and other charges both reall and personall the tribute of God is in Prayers Sacraments Predications of the pure word of God briefly all that which is called divine service as well private as publick these two tributes are in such manner divers and distinguished that the one hurts nothing the other the Exchequer of God takes nothing from that of Caesar but each of them have their right manifestly apaâ—t But to speak in a word whosoever confounds these things doth heaven and earth together and endeavours to reduce them into their first chaos or later confusion David hath excellently well distinguished these affaires 1 Chron. 26. 29. 2 Chron. 19. 11. ordaining officers to look to the right of God and others for that of the King Josephat hath followed the same course establishing certaine persons to judge the causes that belonged to the Almighty and others to looke to the justice of the King the one to maintain the pure service of God the other to preserve the rights of the King But if a Prince usurpe the right of God and put himselfe forward after the manner of the Giants to scale the Heavens he is no lesse guilty of high treason to his Soveraigne and commits fellonie in the same manner as if one of his vassals should seize on the rights of his Crown and puts himselfe into evident danger to be dispoyled of his estates and that so much the more justly there being no proportion between God and an earthly King between the Almighty and a mortall man whereas yet between the Lord and the vassell there is some relation of proportion So often therefore as any Prince shall so much forget himselfe as insolently to say in his heart I will ascend into heaven I will exalt my throne above the stars of God I will sit also upon the mount of the congregation in the sides of the Norâ—h I will ascend above the heights of the clouds I will be like the most high But on the contrary will the Almighty say I will rise up more high I will set my selfe against Esay 14. 13. 14. thee I will raze out thy name and all thy posterity thy counsels shall vanish into smoak but that which I have once determined Exo. 5. 8.
c. shall remaine firme and never be annihilated The Lord said unto Pharaoh let my people goe that they may serve me and offer sacrifice unto me and for that this proud man answered that hee knew not the God of the Hebrews presently after he was miserably destroyed Dan. 3. 5. 4. 25. c. Nebuchadnezar commanded that his statue should be adored and would be honoured as God but within a short time the true God did deservedly chastise his unruly boldnesse and desiring to be accounted God he became a bruit beast wandring through desert places like a wild asse untill saith the Prophet that he acknowledged the God of Israel to be the Soveraigne Lord over Dan. 5. 2. all his sonne Belshaser abused the holy vessels of the Temple in Jerusalem and put them to serve his excesse and drunkennesse for that therefore he gave not glory to him that held in his hands both his soule and his counsels he lost his Kingdome and was slaine in that very night of his feasting Alexander the great took pleasure in the lies of his Flatterers who termed him the sonne of Jupiter and not only approv'd but pro-cur'd his adoration but a sudden death gave a sad period to those tryumphs being blinded through his excesse of conquests began with too much affection to delight in Antiochus under colour of pacifying and uniting his subjects commanded all men to forsake the Lawes of God and to apply 1 Macha 1. 43. themselves in obedience to his hee prophaned the Temple of the Jewes and polluted their Altars but after divers ruins defeats and losse of battels dispoyled and disgraced he dies with griefe confessing that he deservedly suffered those miseries because he would Mac. 6. 12. 13. have constrained the Jewes to leave their Religion If we take into our consideration the death of Nero that inhumane Butcherer of Christians whom he unjustly slandered with the fiering of Rome being the abhorred act of his detested selfe The end of Caligula which made himselfe to be adored of Domitian which would be called Lord and God of Commodus and divers others which would appropriate to themselves the honours due to God alone we shall find that they have all and alwayes according to their deceits miserably perished when on the contrary Trajan Adrian Antonius the courteous and others have finished their dayes in peace for although they knew not the true God yet have they permitted the Christians the exercise of their Religion Briefly even as those rebellious vassals which endeavour to possesse themselves of the Kingdome doe commit fellonie by the testimony of all Lawes and deserve to be extirpated in like manner those are as really guilty which will not observe the Divine Law whereunto all men without exception owe their obedience or which persecute those that desire to conforme themselves thereunto without hearing them in their just defences now for that we see that God invests Kings into their Kingdomes almost in the same manner that vassals are invested into their fees by their Soveraigne we must needs conclude that Kings are the vassals of God and deserve to be deprived of the benefit they receive from their Lord if they commit felony in the same fashion as rebellious vassals are of their estates These promises being allowed this question may be easily resolved for if God hold the place of Soveraign Lord and the King as vassall who dare deny but that we must rather obey the Soveraign then the vassall If God commands one thing and the King commands the contrary what is that proud man that would terme him a rebell which refuseth to obey the King when else he must disobey God But on the contrary he should rather be condemned and held for truly rebellious which omits to obey God or which will obey the King when hee forbids him to yeeld obedience to God Briefly if God call us on the one side to enrole us in his service and the King on the other is any man so void of reason as he will not say we must leave the King and apply our selves to Gods service so farre be it from us to beleeve that we are bound to obey a King commanding any thing contrary to the Law of God that centrally in obeying him we become Rebels to God no more no◠〈◊〉 then we would esteem a countrey man a Rebell which for the love he beares to some rich and ancient inferiour Lord would bear Arms against the Soveraigne Prince or which had rather obey the writs of an inferiour Judge then of a superiour the commandements of a Lieutenant of a Province then of the Prince to be briefe the directions of an officer rather then the expresse Ordinances of the King himselfe In doing this we justly incurre the Mich. 6. 16. malediction of the Prophet Micha which doth detest and curse in the name of God all those which obey the wicked and perverse Ordinances of Kings By the Law of God we understand the two Tables given to Moses in the which as in unremoveable bounds the authority of all Princes ought to be fixed The first comprehends that which we owe to God the second that which we must doe to our Neighbours briefly they containe piety and justice conjoyned with charity from which the preaching of the Gospel doth not derogate but rather authorise and confirme The first Table is esteemed There is a certain Politician of our time so detestable that he hath dared to condemne Papinian and to write in his books full of errors in matter of state that Papinian because he would not excuse the paracide of Caracalla did bring irreparable damages to the affairs of the Empire the principall as well in order as in dignity If the Prince commands to cut the throat of an innocent to pillage and commit extortion there is no man provided he have some feeling of conscience that would execute such a commandement If the Prince have committed some crime as Adultery Parricide or some other wickednesse behold amongst the Heathen the learned Lawyer Papinian which will reprove Caracalla to his face and had rather die then obey when his cruell Prince commands him to lie and palliate his offence nay although hee threaten him with a terrible death yet would he not beare false witnesse what shall we then doe if the Prince commands us to be Idolaters if he would have us againe crucifie Christ Jesus if he enjoyns to blaspheme and despite God and to drive him if it were possible out of Heaven is there not yet more reason to disobey him then to yeeld obedience to such extravagants commands Yet a little further seeing it is not sufficient to abstaine from evill but that we must do good instead of worshipping of Idols wee must adore and serve the true God according as he hath commanded us and instead of bending our knees before Baal we must render to the Lord the honor and service which he requires of us for
as heads and for the good of the whole body confederate and associate themselves together and as in a publick State that which is done by the greatest part is esteemed and taken as the act of all so in like manner must it be said to be done which the better part of the most principal have acted briefly that all the people had their hand in it But here presents it self another question the which deserves to Whether part of a Kingdom may make resistance be considered and amply debated in regard of the circumstance of time Let us put the case that a King seeking to abolish the Law of God or ruine the Church that all the people or the greatest part yeild their consents that all the Princes or the greatest number of them make no reckoniug and notwithstanding a small handfull of people to wit some of the Princes and Magistrates desire to preserve the Law of God entirely and inviolably and to serve the Lord purely what may it be lawfull for them to do if the King seek to compel those men to be Idolaters ot will take from them the exercise of true religion We speak not here of private and particular persons considered one by one and which in that manner are not held as parts of the entire body As the planks the nails the pegs are no part of the Ship neither the stones the rafters nor the rubbish are any part of the house but we speak of some Town or Province which makes a portion of a Kingdom as the prow the poop the keel and other parts make a Ship the foundation the roof and the walls make a house We speak also of the Magistrate which governs such a Citie or Province If we must make our defence with producing of examples although we have not many ready by reason of the backwardness and carelesness of men when there is question to maintain the service of God notwithstanding we have some few to be examined and received according as they deserve Libna a Town of the Priests withdrew it Iohn 21 13. 1 Chron. 6. 17. 2 Chron. 21. 10. self from the obedience of Joram King of Judah and left that Prince because he had abandoned the God of his Fathers whom those of that Town would serve and it may be they feared also lest in the end they should be compelled to sacrifice to Baal In like manner when that the King Antiochus commanded that all the Jews should imbrace his religion and should forsake that which the God Almighty had taught them Mattathias answered we will not 1 Mac 1. 43. 2. 22. 3. 43. obey nor will we do any thing contrary to our religion neither did he only speak but also being transported with the zeal of Phineas he killed with his own hands a Jew which constrained his fellow Citizens to sacrifice to Idols then he took arms and retired into the mountain gathered troups and made war against Antiochu for Religion and for his Countrie with such success that he regained Ierusalem brok and brought to nothing the power of the Pagans which they had gathered to ruine the Church and then re-established the pure service of God If we will know who this Matthias was he was the Father of the Machabees of the Tribe of Levi insomuch as it was not lawfull for him according to the received custome and right of his race to restore the Kingdom by arms from the Tyranny of Antiochus His followers were such as fled to the mountains together with the inhabitants of Modin to whom had adjoyned themselves divers neighboring Jews and other fugitives from sundry quarters of Iudeah all which solicitously desired the re-establishment of the Church Almost all the rest yea the principals obeyed Antiochus and that after the rout of his army and his own miserable death Although there were then a fair 1 Mac. 6. 21. c. occasion to shake off his yoke yet the Jewes sought to the sonne of Antiochus and intreated him to take on him the Kingdom promising him fidelity and obedience I might here produce the example of Debora The Lord God had subjected Israel to Iabin King of Canaan and they had remained in this servitude the space of twenty years which might seem in some sort to have gained a right by prescription over the Kingdom and together also that almost all Israel followed after strange gods The principal and most powerful Tribes to wit Reuben Ephraim Benjamin Dan Asher and some others adhered wholly to Iabin Yet notwithstanding the Prophetess Debora which judged Israel caused the Tribes of Zebulon Nephthalie and Issachar or at the lest some of all those Tribes to take arms under the conduct of Barac and they overthrew Sisera the Lieftenant of Iabin and delivered Israel which had no thought of liberty and was content to remain in bondage and having shaken off the yoke of Canaaniets they re-established the pure service of the living God But for so much as Debora seems to have an extraordinary vocation and that the Scripture doth not approve in expresse terms the doings of them of Libna although that in not disallowing of their proceedings it may seem in some sort to allow them and for that the History of the Machabees hath had no great authoritie in the ancient Church and for that it is comonly held that an assertion must be proved by laws and testimonies not by examples let us examine by the effect what we ought to judge according to the right of the matter now in question We have formerly said that the King did swear to keep the Law of God and promise to the uttermost of his power to maintain the Church that the people of Israel considered in one body covenanting by the High-Priest made the same promise to God Now at this present we say that all the Towns and all the Magistrates of these Towns which be parts and portions of the Kingdom promise each of them in his own behalf and in express terms the which all Towns and Christian Communalties have also done although it have been but with a tacite consent Ioshua being Iosuah â—4 very old and near to his death assembled all Israel at Sichem in the presence of God to wit before the Ark of the Covenant which was there It is said that the Antients of the people the Heads of the Tribe the Judges and Governors and all which had any publick command in the Towns of Israel met together there where they swore to observe and keep the Law of the Lord. and did willingly put on the yoke of the Almighty God whereby it appears that these Magistrates did oblige themselves in the names of their Towns and Communalties which did send them to take order that God should be served throughout the whole Countrie according as he had revealed in his Law And Joshuah for his part having passed this contract of agreement between God and the people and inregistred the whole
according as it was done for a perpetual memorial of the matter he incontinently set up a stone If there were occasion to remove the Ark of the Lord The 1 Chron. 1â— 2 Chron. 3. 1 Kings 7. 1 Chron. 2â— 2 Kings â—â— 2 Kings 23. 2 Chron. 23. principals of the Countrey and Towns the Captains the Centurions the Provosts and others were summoned by the Decree and Commandment of David and of the Synagogue of Israel if there be a purpose of building the Lords Temple the same course is observed And to the end it be not supposed that some alteration hath been inserted after the creation of Kings In the times of Joas and Josias when there was question of renewing the Covenant between God and the People all the Estates met together and all were bound and obliged particularly Also not onely the King but the Kingdome and not onely all the Kingdome but also all the Pastors of the Kingdom promise each of them for their selves fidelity and obedience to God I say again that not only the King and the People but also all the Towns of Israel and their Magistrates oblige themselves to God and as homagers to their liege lord tie themselves to be his for ever with and against all men for further proof of the aforesaid I would entreat the Reader to diligently turn over the holy Bible especially in the books of the Kings and the Chronicles But for a yet more ample explication of this matter let us produce for example what is in practise at this day In the Empire of Germany when the Emperor is to be crowned the Electors and Princes of the Empire as well Secular as Ecclesiastical meet together personally or else send their Ambassadors The Prelats Earls and Barons and all the Deputies of the Imperial Towns come thither also or else send special Proxies then do they their homage to the Emperor either for themselves or for them whom they represent with and under certain conditions Now let us presuppose that one of these which hath done homage voluntarily do afterwards endevour to depose the Emperor and advance himself into his place and that the Princes and Barons deny their Soveraign the succors and tribute which they owe him and that they have intelligence with that other which conspired and sought to possess himself of the Imperial Throne Think you that they of Straesborgh or of Nurembergh which have bound themselves by faith unto the lawful Emperor have not lawful right to repress and exclude this trayterous Intruder Yea on the contrary if they do it not if they give not succors to the Emperor in this his necessity think you that they have satisfied or performed their fealty and promise L. 3. l. Omned elict Sect. ult D. de reâ—mil seing that he which hath not preserved his Governour when he had means to do it ought to be held as culpable and guilty as he which offered the violence and injury unto him If it be so as every one may sufficiently see it is is it not then lawful for the men of Libna and of Modin and doth not their duty enjoyn them to do as much as if the other Estates of the Kingdom have left God to whose service and pleasure they know and acknowledge themselves to be bound to render obedience Let us imagine then some Ioram or Antiochus which abolisheth true Religion and lifts up himself above God that Israel connives and is content What should that Town do which desires to serve God purely First they should say with Ioshua for their parts look whom you desire rather to Iosh 14. 15. obey the living God or the Gods of the Amorites for our parts we and our Families will serve the Lord. Chuse you then I say if you will obey in this point him which without any right usurps that power and authority which no way appertains unto him for my part hap what may I will keep my faith to him to whom I promised it I make no question but that Ioshua would have done the uttermost of his endeavour to maintain the pure service of the living God in Thamnathe Serathe a Town of Ephraim where his house and estate lay if the Israelites besides had so much forgot themselves as to have worshipped the god of the Amorites in the land of Canaan But if the King should pass yet further and send his Lievtenants to compel us to become Idolaters and if he commands us to drive God and his service from amongst us Shall we not rather shut our gates against the King and his Officers then drive out of our Town the Lord which is the King of kings Let the Burgesses and Citizens of Towns Let the Magistrates and Governours of the People of God dwelling in Towns consider with themselves that they have contracted two Covenants and taken two Oaths The first and most ancient with God to whom the People have sworn to be his people the second and next following with the King to whom the people hath promised obedience as unto him which is the Governour and Conductor of the people of God So then as if a Vice-Roy conspiring against his Soveraign although he had received from him an unlimitted authority if he should summon us to deliver the King whom he held besieged within the inclosure of our walls we ought not to obey him but resist with the uttermost of our power and means according to the tenour of our oath of Allegiance In like manner think we that it is not a wickednes of all most detestable if at the pleasure of a Prince which is the vassal and servant of God we should drive God from dwelling amongst us or deliver him as far as in us 10 Collat de forma Fidei c. 1. de â— nova fidel form lieth into the hands of his enemies You will say it may be that the Towns appertain to the Prince And I answer that the Towns consist not of a heap of stones but of that which we call people that the people is the people of God to whom they are first bound by oath and secondly to the King For the Towns although that the Kings have power over them notwithstanding the right of inheritance of the Soyl belongs to the Citizens and Owners for all that which is in a Kingdom is indeed under the Dominion of the King but not of his proper Patrimony God in truth is the onely Lord propriator of all things and it is of him that the King holds Senec. l. 7. de Benef c. 6 7. c. his royalties and the people their Patrimony This is as much as to say you will reply that for the cause of Religion it shall be lawful for the subjects to revolt from the obedience of their King if this be once granted it will presently open a gap to rebellion But hearken I pray you patiently and consider this matter more throughly I might answer in a word that of two things
a contrary opinion In those times all men acknowledged the Pope for Gods Vicar on earth and head of the universal Church Insomuch that as it is said common errour went instead of a Law notwithstanding the Sorbonists being assembled and demanded made answer that the L. Parber Philip D. de Senat. King and the Kingdom might falsly without blame or danger of schisme exempt themselves from his obedience and flatly refuse that which the Pope demanded for so much as it is not the separation but the cause which makes the schisme and if there were schisme it should be only in separating from Boniface and not from the Church nor from the Pope and that there was no danger nor offence in so remaining untill some honest man were chosen Pope Every one knowes into what perplexities the consciences of a whole Kingdom would fall which held themselves separated from the Church if this distinction be not true I would demand now if it be not yet more lawfull to make use of this distinction when a King invades and incroacheth on the jurisdiction of God and oppresseth with hand servitude the scales dearly bought with the pretious blood of Jesus Christ Let us adde another example In the year of our Lord 2408. when Pope Benedict the 13. did oppose the French Church by tributes and exactions the Clergy assembled by the Command of King Charles the 6. decreed that the King and Inhabitants Annales of France monstrelet of the Kingdom ought not to obey Benedict which was an Heritick a schismatick and altogether unworthy of that dignity the which the Estates of the Kingdom approved and the Parliament of Paris confirmed by a decree The same Clergy also ordained that those which had been excommunicated by that Pope as forsakers and enemies of the Church should be presently absolved nullifying all such excommunications and this hath been practised not in France onely but in other places also as Histories do credibly report The which gives us just occasioâ—â—ost perspicuously to see and know that if he which holds the place of a Prince do govern ill there may be a separation from him without incurring justly the blame of revolt for that they are things in themselves directly contrary to leave a bad Pope and forsake the Church a wicked King and the Kingdom To returne to those of Lobna they seeme to have followed 2 Kings 19. 8. this before remembred expedient for after the reestablishment of the service of God they presently became again the subjects of King Ezekias And if ti is distinction be allowed place when a Pope incroacheth on the rights of any Prince which notwithstanding in some cases acknowledgeth him for his Soveraign Is it not much more allowable if a Prince which is a Vassall in that respect endeavours to assure and appropriate to himselfe the rights of God Let us conclude then to end this discourse that all the people by the authority of those into whose hands they have committed their Power or divers of them may and ought to Extrau de majo obed reprove and represse a Prince which Commands things against God In like manner that all or at the least the principalls of Provinces or Towns under the authority of the chiefe Magistrates established first by God and secondly by the Prince may according to Law and reason hinder the entrance of Idolatry within the inclosure of their walles and maintain their true Religion yea further they may extend the Confines of the Church which is but one and in failing hereof if they have meanes to do it they justly incur the penaltie of High-Treason against the Divine Majesty Whether private men may resist by Armes It remaines now that we speak of particulers which are private persons First particulars or private persons are not bound to take up arms gainst the Prince which would compell them to become Idolaters The L. sicut 7 5. 1. D. quâ—d cujusque â—nivens Cove-nant betweene God all the people who promise to be the people of God doth not in any sort bind them to that for as that which belongs to the whole vniversall body is in no sort proper to particulars so in like manner that which the body owes and is bound to performe cannot by any sencible reason be required of particular persons neither doth their duty any thing obliege them to it for every one is bound to serve God in that proper vocation to which this called Now private persons they have no power they have no publik command nor any calling to unsheath the sword of authority And therefore as God hath not put the sword into the hands of privat men so doth he not require in any sort that they should strike with it It is said to them put up thy sword into thy scabberd On the contrary the Apostle saies of Majestrates Mat. 26 52. Rom. 13. 4. they carry not the sword in vaine If particuler men draw it forth they make themselves Delinquents If Majestrates be slow and negligent to use it when just occasion is offered they are likewise justly blameable of negligence in performing their duties and equally guilty with the former But you will say unto me hath not God made a Covenant as well with particular persons as with the generality with the least as well as the higest To what purpose was Circumcision and Baptisme ordained What meaneth that frequent repetition of the Covenant in so many passages of holy writ All this is true but the consideration hereof is divers in their severall kinds For as all the subjects of a good and faithfull Prince of what degree soever they be are bound to obey him but some of them notwithstanding have their particuler duty as Magestrates must hold others in obedience in like manner all men are bound to serve God bnt some as they are placed in a higher rancke have received greater authority in so much as they are accountable for the offences of others if they attend not the charges of the Communalty carefully The Kings the Communalties of people the Majestrates into whose hands the whole body of the Common-wealth hath committed the sword of authority must and onght to take care that the Church be maintained and preserved particulars ought only to looke that they render themselves members of this Church Kings and popular Estates are bound to hinder the pollution or ruine of the Temple of God ought to free and defend it from all corruption within and all injury from without Private men must take order that their bodies the Temples of of God be pure that they may be fit recptacles for the Holy-ghoast to dwell in them If any man defile the Temple of God saith the Apostle him 1 Cor. 3. 17. 6. 19. shall God destroy for the Temple of God is holy which Temple ye are to the former he gives the sword which they beare with authority to the other he recommends the sword of the
in this that our Saviour Christ during all the time that he conversed in this world tooke not on him the Office of a Judge or King but rather of a private person and a Delinquent by imputation of our transgressions so that it is an allegation besides the purpose to say that he hath not managed Armes But I would willingly demand of such exceptionists whether they think that by the coming of Jesus Christ in the flesh that Magistrates have lost their right in the sword of Authority If they say so Saint Paul contradicts them who saies that the Magistates carries not the sword in vaine and did not refuse their assistance Rom. 13 4. Acts 23. 17. and power against the violence of those which had conspired his death And if they consent to the saying of the Apostle to what purpose should the Magestrates beate the sword if it be not to serve God who hath committed it to them to defend the good and punish the bad Can they doe better service then to preserve the Church from the violence of the wicked to deliver the flock of Christ from the swords of murtherers I would demaund of them yet whether they think that all use of Arms is forbiden to Christians If this be their opinion then would I know of them wherefore Christ did graunt to the Centurian his request Wherefore did he give Matt. 8. 9. 13. Luc. 3. 14. Act. 10. 47. so excelent a testimony of him wherefore doth St. Iohn Baptist command the men at Armes to content themselves with their pay and not to use any extortion and doth not rather perswade them to leave their â—â—â—ing Wherefore did Saint Peter Baptize Cornellus the Centurian who was the first fruits of the Gentiles From whence comes it that he did not in any sort whatsoever councell him to leave his charge Now if to bear arms to make war be a thing lawfull can there possibly be found any war more just then that which is taken in hand by the command of the superiour for the defence of the Church and the preservation of the faithfull Is there any greater tirany then that which is excercised over the soul Can there be imagined a war more commendable then that which suppresseth such a tyrany For the last point I would willingly know of these men whether it be absolutely prohibited Christians to make war upon any occasion whatsoever If they say that it is forbidden them from whence comes it then that the men at Armes Captains and Centurions which had no other imployment but the managing of Armes were alwayes received into the Church wherefore do the ancient Fathers and Christian Historians make so horrible mention of certain legions composed wholly of Christian Souldiers and amongst others of that of Malta so renowned for the victory which they obteyned and of that of Thebes of the which St. Mauricious was Generall who suffered martirdom together with all his Troopes for the confessing of the name of Jesus Christ And if it be permitted to make warre as it may be they will confesse to keepe the limmits and Townes of a Countrie and to repulse an invading enemy Is it not yet a thing much more reasonable to take Armes to preserve and defend honest men to suppresse the wicked and to keepe and defend the limmits and bounds of the Church which is the Kingdom of Jesus Christ if it were otherwayes to what purpose should St. Iohn have foretold that the whore of Babylon shall be finally ruined by Apoc. 27. 26. the 10. Kings whom she hath bewitched furthermore if we hâ—ld a contrary opinion what shall we say of the wares of Constantine against Maxentius and Licinius celebrated by so many publick orations and approved by the Testimony of an infinite number of learned men what opinion should we hold of the many voyages made by Christian Princes against the Turkes and Sarazins to conquer the holy Land who had not or at the least ought not to have had any other end in their designes but to binder the enemy from ruining the Temple of the Land and to restore the integrity of his service into those Countries Although then that the Church be not increased by Armes notwithstanding it may be justly preserved by the meanes of Armes I say further that those that dye in so holy a war are no lessâ— the Martyrs of Jesus Christ then their brethren which were put to death for Religion nay they which dye in that war seeme to have this inadvantage that with a free will knowing sufficiently hazard into which they cast themselves notwithstanding do couragiously expose their lives to death and danger whereas other do only not refuse death when it behoveth them to suffer The Turkes strive to advance their opinion by the meanes of Armes and if they do subdue a Country they presently bringin by force the impieties of Mahomet who in his Alcoran hath so recommended Armes as they are not ashamed to say it is the ready way to Heaven yet do the Turkes constrain no man in matter of conscierce But he which is a much greater adversary to Christ and true Religion with all those Kings whom he hath inchanted opposeth fire and fagots to the light of the Gospel toâ—tures the word of God compelling by wracking and torments as much as in him lieth all men to become Idolaters and finally is not ashamed to advance and maintain their faith and law by perfideous disloyalty and their traditions by continuall traysons Now on the contrary those good Princes and Magistrates are said properly to defend themselves which invirone and fortifie by all their meanes and industry the vine of Christ already planted â—o be planted in places where it hath not yet been least the wild boore of the Forrest should spâ—ylâ— or devoure it They do this I say in covering with their Buckler and defending with their sword those which by the preaching of the Gospel have been converted to true Religion and in fortifying with their best ability by â—avelinâ— ditches and rampers the Temple of God built with lively stones untill it Have attained the full height in despite of all the furious assaulâ—s of the enemies thereof we have lengthened out this discourse thus far to the end we might take away all scruple concerning this question Set then the Estates and all the Officers of a Kingdom or the greatest part of them every one established in authority by the people know that if they containe not within his bounds or at the least imploy not the utmost of their endeavours thereto a King that seekes to corrupt the Law of God or hinders the reestablishment thereof that they offend grievously against the Lord with whom they have contracted Covenants upon those conditions Those of a Town or of a Province making a portion of a Kingdom let them know also that they draw upon themselves the judgement of God if they drive not impiety out of their walls and
confines if the King seeke to bring it in or if they be wanting to preserve by all meanes the pure Doctrine of the Gospel although for the defence thereof they suffer for a time bannishment or any other misery Finally more private men must be all advertised that nothing can excuse them if they obey any in that which offends God and that yet they have no right nor warrant neither may in any sort by their private authority take armes if it appear not most evidently that they have extraordinary vocation thereunto all which our discourse will suppose we have confirmed by pregnant Testimonies drawn from holy writ THE THIRD QUESTION Whether it be lawfull to resist a Prince which doth oppresse or ruine a publike State and how far such resistance may be extended by whom how and by what right or law it is permitted FOr so much as we must here dispute of the lawfull authoritie of a lawfull Prince I am confident that this question will be the lesse acceptable to Tirants and wicked Princes for it is no marvell if those which receive no law but what their own will and fancie dictates unto them be deafe unto the voyce of that law wich is grounded upon reason Buâ— I perswade my selfe that good Princes will willingly entertaine this discourse insomuch as they sufficiently know that all Magistrates be they of never so high a rancke are but an inanimated and speaking law neither though any thing bee pressed home against the bad can it fall within any inference against the good Tirants and Kings as also good and bad Princes are in a direct diametre opposiâ—e and contrarie therefore that which shall be urged against Tirants is so farre from detracting any thing from Kings as one the contrary the more Tirants are laid open in their proper colours the more glorious doth the true worth dignitie of Kings appear neither can the vitious imperfections the one be layd open but it gives addition of perfections and respect to the honour of the other But for tirants let them say and thinke what they please that shall be the least of my care for it is not to them but again them that I write for Kings I beleeve that they will readily consent to that which is propounded for by true proportion of reason they ought as much to hate Tirants and wicked governours as Shepeards hate wolves Phisitians Impoysoners true Prophets false Doctors for it must necessarily occur that reason infuseth into good Kings as much hatred against Tirants as nature imprinteth in dogs against wolves for as the one lives by rapine and spoyle so the other is borne or bred to redresse and prevent all such outrages It may be the flatterers of tirants will cast a supercilious aspect on these lines but if they were not past all grace they would rather blush for shame I very well know that the friends and faithfull servants of Kings will not onely approve and lovingly entertayn this disconrse but also with their best abilities defend the contents thereof accordingly then as the render shall find himselfe moved either with content or dislike in the reading hereof let him know that by that he shall plainly discover either the affection or hatred that he beares to Tirants let us now enter into the matter Kings are made by the People We have shewed before that it is God that doth appoint Kings which chuseth them which gives the Kingdom to them now we say that the people establish Kings putteth the Scepter into their hands and which with their suffrages approveth the election God would have it done in this manner to the end that the Kings should acknowledge that after God they held their power and Soveraignty from the people and that it might the rather induce them to apply addres the utmost of their care and thoughts for the profit of the people without being puffed with any vaine immagination that they were formed of any matter more excellent then other men for which they were raised so high above others as if they were to command over slocks of sheepe or heards of Cattel but let them remember and know that they are of the same mould and condition as others raised from the earth by the voice and acclamations now as it were upon the shoulders of the people unto their thrones that they might afterwards bear on their own shoulders the greatest burthens of the Common-wealth Divers ages before that the people of Israel demanded a King God gave and appointed the Law of royall governmenâ— contained in the 17. Chapter ver 14. of Deut. when sayes Moses thou art come uâ—to â—he Land which the Lord thy God giveth thee and shalt possesse it and shalt dwell therein and shalt say I will set a King over me like as all the Nations that are about me thou shalt in any wise set him whom the Lord thy God shall chuse from amongst thy brethren c. You see here that the election of the King is attributed to God the establishment to the people now when the practice of this law came in use see in what manner they proceeded The Elders of Israel which presented 1 Sam. 8. 5. the whole body of the people under this name of Elders are comprehended the Captains the Centurions Commanders over fifties and tenns Judges provosts but principally the chiefest of tribes came to meete Samuel in Ramah and not being willing longer to endure the government of the sonnes of Samuel whose ill carriage had justly drawn on them the peoples dislike and withall perswading themselves that they had found the meanes to make their warres hereafter with more advantage they demanded 1 Sam. 9. 16. a King of Samuel who asking Councell of the Lord he made known that he had chosen Saul for the Governour of his people Then Samuel anointed Saul and performed all those rights which belong to the election of a King required by the people Now this might perhaps have seemed sufficient if Samuel had presented to the people the King that was chosen by God and had admonished them all to become good and obedient subjects Notwithstanding to the end that the King might know that he was established 1 Sam. 20. 18. c. by the people Samuell appointed the Estates to meet at Mispah where being assembled as if the businesse were but then to begin and nothing had allready been done to be brief as if the election of Saul were then only to be treated of the lot is cast and falls on the Tribe of Benjamin after on the family of Matri and lastly on Saul born of that family who was the same that God had chosen Then by the consent of all the people Saul was declared King Finally to the that Saul nor any other might attribute the aforesaid 1 Sam. 11. 14. businesse to chance of lot after that Saul had made some proofe of his valour in raysing the siege of the Ammonites in Iabesh Gilead
some of the people pressing the businesse he was again confirmed King in a full assembly at Gilgal ye see that he whom God had chosen and the loâ— had separated from all the rest is established King by the suffrages of the people And for David by the Commandement of God and in a manner more evident â— Sam. â—6 then the former after the rejection of Saul Samuel anointed for King over Israel David chosen by the Lord which being done the spirit of the Lord presently left saul and wrought in a speciall manner in David But David notwithstanding raigns not but was compeled to save himselfe in deserts and rocks oftentimes falling upon the very brim of destruction and never raigned as King till after the death of Saul for then by the suffrages of all the people of Iudah he was first chosen King of Iudah and seaven yeares after by the consent of all Israell he was inaugurated King of Israell in Hebron So then he is annointed first by the Prophet at the commandement of God as a token he was chosen secondly by the commandement of the people when he was established King And that to the end that Kings may alwayes remember that it is from God but by the people and for the peoples sake that they 2 Sam. 2. doe raignt and that in there glorie they say not as is there custome that they hold their Kingdome only of God and there sword but withall add that it was the people which first girt them with that sword The same order offered in Solomon although he was the Kings sonne God hath chosen Solomon to sit upon the Throne of his Kingdome and by expresse words 2 Sam. 7. 13. 1 Kings 3. Chron. 28. 5 1 Kings 2. 32. 1 Chron. 28. 1. 20. 22. 24. had promised David to be with him and assist him as a Father his soone David had with his one mouth designed Solomon to be successor to his Crowne in the presence of some of the principall of his Court But this was not enough and therefore David assembled at Ierusalem the Princes of Israell the heads of the Tribes the Captaines of the Souldiers and ordinance officers of the Kings the centurions other Magistrates of Towns together with his sons the noble men and worthiest personages of the Kingdome to consult and resolve upon the election In this Assemblie after they had called upon the name of God Solomon by the consent of the whole congregation proclaimed and annointed for King and sat so saith the text upon the Throne of Israell then and not before the Princes the Noblemen his brothers themselves do him homage and take the Oath of Allegiance And to the end that it may not be said that that was onely done to avoid occasion of difference which might arise amongst the brothers the sonnes of David about the succession we reade 2 Kings 20. 2 Chron. 20. 36. 22. 1. 36 1. that the other following Kings have in the same manner been established in their places it is said that after the death of Solomon the people assembled to create his sonne Rehoboam King After that Amaziah was killed Ozias his only sonne was chosen King by all the people Ochâ—sias after Ioram Ioachim the sonne of Iosias after the disease of his Father whose piety might well seeme to require that without any other solemnity notwithstanding both he and the other were chosen and invested into the royall Throne by the suffrages of the people To which also belongs that which Hushai said to Absolam nay but 2 Sam. 16. 18. whom the Lord and this people and all the men of Israel chuse his will I be and with him will I abide which is as much as to say I will follow the King lawfully established and according to the accustomed order wherefore although that God had promised to his people a perpetuall Lampe to wit a King and a continuall successour of the Line of David and that the successour Psal 132. 11. 12. of the Kings of this people were approved by the word of God himselfe Notwithstanding since that we see that the Kings have not reigned before the people had ordained and installed them with requisite Ceremonies it may be collected from this that the Kingdom of Israel was hereditary if we consider David and the promise made to him and that it was wholly elective if we regard the particuler persons But to what purpose is this but to make it apparent that the election is onely mentioned that the Kings might have alwayes in their remembrance that they were raised to their dignities by the people and therefore they should never forget during life in what a strict bond of observance they are tyed to those from whom they have received all their greatnesse We read that the Kings of the Heathen have been established also by the people for as when they had either troubles at home or warres abroad some one in whose ready vallour and discreete integrity the people did principally relye and repose their greatest Herodi lib. 1. Cicero 1. de offici Tit. Livi lib. 1. confidence him they presently with a universall consent constituted King Cicero saith that amongst the Medes Deioces from a Judge of private controvercies was for his uprightnesse by the whole people elected King and in the same manner were the first Kings chosen amongst the Romans Insomuch that after the death of Romulus the interrayde and Government of the hundred senators being little acceptable to the Quiutes it was agreed that from thence forward the Kings should be chosen by the suffrages of the people and the approbation of the senate Forquius Superbus was therefore esteemed a tyrant because being chosen neither by the people nor the senate he intruded himself into the Kingdom only by force and usurpation Wherefore Iulius Caesar long after though he gained the Empire by the sword yet to the end he might adde some shaddow or pretence of right to his former intrusion he caused himself to be declared both by the people and senate perpetually dictator Augustus his adopted sonne would never take on him as inheriter of the Empire although he were declared so by the testaments of Cesar but alwaies held it as of the people and senate The same also did Tiberius Caligula and Claudius and the first that assumed the Empire to himself without any colour of right was Nero who also by the senate was condemned Briefly for so much as none were ever born with Crowns one their heads and sceptes in their hands and that no man can be a King by himself nor reign without people whereas on the contrary the people may subsist of themselves and were long before they had any Kings it must of necessity follow that Kings were at the first constituted by the people And although the sons and dependants of such Kings inheriting their fathers vertues may in a sort seeme to have rendred their Kingdome heriditary
which â—ive with out a King but we cannot imagine a King without pâ—ople And those which have bin raised to the Royal dignity were not advanced because they excelâ—ed other men in beauty comeâ—iness nor in some excellency of nature to govern them as shepheards doe their flocks but rather being made out of the same masse with the rest of the people they should acknowledge that for them they as it were borrow their power authority The ancient custome of the French represents that exceeding welâ— for they used to lift up on a buckler saâ—ute him King whom they had chosen And wherefore is it said I pray you that kings hâ—ve an infinite number of eyes a million of ears with extream long hands and feet exceeding swift is it because they are like to Argos Gerion Midas divers others â—o celebrated by the Poets No truly but it is said in regard of all the people whom the busines principalâ—y concerns who lend to the king for the good of the Common-wealth their eyeâ— their ears their means their facuâ—ties Let the people forsake the king he presently fals to the ground although befoâ—e his hearing sight seemed most excellent that he was strong in the best disposition that might be yea that he seemed to triumph in all magnificence yet in an instant he wiâ—l become moâ—t viâ—e contemptible to bee brief instead of those divine honours wherewith all men adored him he shal be compeâ—ed Dionisius for his Tiâ—aâ—â—ie driven oâ—t of Câ—cilâ—e was foâ—sâ—d to taâ—e that course of lifâ— upâ—n hâ—m to become a Pedant whip children in the schooâ— at Corinth Take away but the basis to this Giant lâ—â—e the Rodian Colosse he pâ—esently tumbles on the ground fals into pieces Seeing thâ—n that the King is estabâ—ished in this degree by the people for their sake that he cannot subsist without them who can think it strange then for us to conclude that the peopâ—e are aboue the King Now that which we speak of alâ— the people universally ought also to be understood as hath been delivered in the 2. question of those which in every Kingdom or town do â—â—â—wfully represent the body of the people which ordinarily or at lest should be caâ—ed the officers of the Kingdom or of the crown not of the King For the officers of the â—ing it is he which placeth displaceth them at his pleasure yea after his death they have no more power are accounted as dead On the contrary the officers of the Kingdom receive their authority from the people in the general Assembly of the states or at the least werâ— accustomed so anciently to have done cannot be disauthorised but by them so then the one depends of the King the other of the Kingdom those of tâ—e soveraign officer of the â—ingdom which is the King himself these of the soveraignty it self that is of the people of which soveraignty both the King all his officers and all his officers of the â—ingdom ought to depend the charge of the one hath proper relation to the care of the â—ings person that of the other to look that the common-wealth receive no damage the first ought to serve and assist the King as all domestique servants are bound to doe to their masters the other to preserve the rights priviledges of the people to carefully hinder the Prince that he neither omit the things that may advantage the state nor commit any thing that may endammage the publique Briefly the one are Servants and domestiques of the Kings and received into their places to obey his person the other on the contrary are as Associates to the King in the administration of justice participating of the Royal power and authority being bound to the utmost of their power to be assisting in the managing of the affairs of State as well as the King who is as it were President amongst them and principall onely in order and degree Therefore as all the whole People is above the King and likewise taken in one entire body are in authority before him yet being considered one by one they are all of them under the King It is easie to know how far the power of the first Kings extended in that Ephron King of the Hittites could not grant Abraham the Sepulchre but in the presence and with the consent of the People neither could Hemor the Hevite Gen. 34. King of Sichem contract an alliance with Iacob without the Peoples assent and confirmation thereof because it was then the custome to refer the most important affairs to be dispensed and resolved in the generall Assemblies of the People This might easily be practised in those kingdomes which were then almost confined within the circuit of one towne But since that Kings began to extend their limits and that it was impossible for the People to assemble together all into one place because of their great numbers which would have occasioned confusion the Officers of the kingdome were established which should ordinarily preserve the rights of the People in such sort notwithstanding as when extraordinary occasion required the People might be assembled or at the least such an abridgement as might by the principallest Members be a Representation of the whole Body We see this order established in the kingdome of Israel which in the judgment of the wisest Politicians was excellently ordered The King had his Cupbearers his Carvers his Chamberlains and Stewards The kingdome had her Officers to wit the 71. Elders and the heads and chief chosen out of all the Tribes which had the care of the Publique Faith in Peace and War Furthermore the kingdome had in every town Magistrates which had the particular government of them as the former were for the whole kingdome At such times as affairs of consequence were to be treated of they assembled together but nothing that concerned the publike state could receive any solid determination David assembled the Officers of 1. Chron. 29. 1 1. Chron. 13. 1. his kingdome when he desired to invest his Son Solomon with the Royal Dignity when he would have examined and approved that manner of policy and managing of affairs that he had revived and restored and when there was question of removing the Ark of the Covenant And because they represented the whole people it is said in the History that all the people assembled These were the same Officers that delivered Ionathan from death condemned by the sentence of the King by which it appeares that there might be an appeale from the King to the People After that the kingdome was divided through the pride of Reoboam â— Sam. â—â— 45. the Councel at Ierusalem composed of 71. Ancients seems to have such authority that they might judge the King as well as the King might judge every one of them in particular In this Councel was President the Duke of the house of Iuda to wit â— Chron. 1â—
Neh. 11. 9. some principall man chosen out of that Tribe as also in the City of Ierusalem there was a Governour chosen out of the Tribe of Benjamin residing there This will appear more manifest by examples Ieremy sent by God to denounce to the Jewes the destruction of Ierusalem was therefore condemned first by the Priests and Prophets in whose hands was â—or 16. 9 〈◊〉 the Ecclesiasticall jurisdiction afterwards by all the people of the City that is by the ordinary Iudges of Ierusalem to wit the Milleniers and the Centurions Finally the matter being brought before the Princes of Iuda who were the 71. Elders assembled and set neere to the new Gate of the Temple he was by them acquitted In this very Assembly they did discreetly condemn in expresse terms the wicked and cruell act of the King Ichoiakin who a little before had caused the Prophet Vriah to be slain who also fore-told the destruction of Ierusalem We read in another place that Ledechias held in such reverence the authority of this Councel that he was so far from delivering of Ieremy 〈◊〉 37. 38. from the dungeon wherein to the 71. had cast him that he durst scant remove him into a lesse rigorous prison They perswading him to give his consent to the putting to death the Prophet Ieremy he answered that he was in their hands and that he might not oppose them in my thing The same King fearing least they might make information against him to bring him to an account for certain Speeches he had used to the Prophet Ieremy was glad to feâ—gn an untrue excuse It appeares by this that in the kingdome of Iuda this Councel was above the King in this kingdome I say not fashioned or established by Plato or Arictotle but by the Lord God himself being Author of all their order and supreame Moderator in that Monarchy Such were the seven Magi or Sages in the Persian Empire who had almost a paraleld dignity with the King and were tearmed the ears and eyes of the King who also never dissented from Arist in Pol. lib. â— c. 11. l. 3. c. 7. the judgment of those Sages In the kingdom of Sparta there was the Ephori to whom an appeal lay from the judgment of the King and who as Aristotle sayes had authority also to judge the Kings themselves In Egypt the people were accustomed to chuse and give officers to the King to the end they might hinder and prevent any incroachment or usurpt authority contrary to the Laws Now as Aristotle doth ordinarily tearm those lawfull Kings which have for their Assistants such officers Arist. in pol. l. 5. c. 11. or Councellors so also maketh he no difficulty to say that where they be wanting there can be no true Monarchy but rather a tyranny absolutely barbarous or at the least such a Dominion as doth most neerly approach tyranny In the Romane Common-wealth such were the Senators and the Magistrates created by the people the tribune of those which were called Celerees the Preter or Provost of the City and others insomuch as there lay an appeal from the King to the People as Seneca declares by divers testimonies drawne from Ciceroes bookes of the Common-wealth and the History of Oratius sufficiently shewes who being condemned by the Iudges for killing his sister was acquitted by the people In the times of the Emperours there was the Senate the Consults the Pretors the great Provosts of the Empire the Governours of Provinces attributed to the Senate and the People all which were called the Magistrates and Officers of the people of Rome And therefore when that by the decree of the Senate the Emperour Maximinus was declared enemy Herodi â— 8. of the Common-wealth and that Maximus and Albinus were created Emperours by the Senate the men of war were sworn to be faithfull and obedient to the people of Rome the Senate and the Emperors Now for the Empires and publike States of these times except those of Turquie Muscovie and such like which are rather a rapsody of Robbers and barbarous intruders then any lawfull Empires there is not one which is not or hath not heretofore been governed in the manner wee have described And if through the connivency and sloath of the principall Officers the successors have found the businesse in a worse condition those which have for the present the publike Authority in their hands are notwithstanding bound as much as in them lyeth to reduce things into their primary estate and condition In the Empire of Germany which is conferred by election there is the Electors and the Princes both secular and Ecclesiasticall the Countesse Barons and Deputies of the Imperial Cities and as all these in their proper places are Solicitors for the publike good likewise in the Diets doe they represent the Majesty of the Empire being obliged to advise and carefully fore-see that neither by the Emperours partiality hate nor affection the publike State do suffer or be interressed And for this reason the Empire hath its Chancellour as well as the Emperour his both the one and the other have their peculiar Officers and Treasurers apart And it is a thing so notorious that the Empire is preferred before the Emperour that it is a common saying That the Emperour does homage to the Empire In like manner in the Kingdom of Polonia there is for Officers of the Crown the Bishops the Palatins the Castellains the Nobility the Deputies Speculum saxonicum of Towns and Provinces assembled extraordinarily before whom and with whose consent and no where else they make new Lawes and determinations concerning wars For the ordinary Government there is the Councellours of the kingdom the Chancellour of the State c. although notwithstanding the king have his Stewards Chamberlains Servants and Domestiques Now if any man should demand in Polonia who were the greater the King or all the people of the kingdom represented by the Lords and Magistrates he should do as much as if he asked at Veniâ—e if the Duke were above the Seigniory But what shall wee say of Kingdoms which are said to go by hereditary succession We may indeed conclude the very same The kingdom of France heretofore preferred before all other both in regard of the excellency of their Lawes and Aiâ—oni lib. 5. c. 26. in Carolo â—â—lvâ— maâ—esty of their Estate may passe with most as a ruling case Now although that those which have the publike commands in their hands doe not discharge their duties as were to be desired it followes not though that they are not bound to do it The King hath his high steward of his Houshold his Chamberlains his Masters of his games Cup-bearers and others whose oâ—â—â—ces were wont so to depend on the person of the King that after the death of their Mastâ—r the roâ—â—ces were void And indeed at the Funerall of the King the Lord high Steward in the presence of all the officers and servants of the
Kings and in whose right the King assumes to himself that priviledge for otherwise wherefore is the Prince only administrator and the people true proprietor of the publique Exchequer as we will prove here presently after Furthermore it is not a thing resolved on by all that no tyrannous intrusion or usurpation and continuance in the same course can by any length of time prescribe against lawfull liberty If it be objected that Kings were enthronized and received their authority from the people that lived five hundred yeers ago and not by those now living I answer that the Common-wealth never dyes although Kings be taken out of this life one after another for as the continuall running of the water gives the River a perpetuall being so the alternative revolution of birth and death renders the people quoad hunc mundum immortall And further as wee have at this day the same Seine and Tiber as was 1000. yeers agoe in like manner also is there the same people of Germany France and Italy excepting intermixing of Colonies or such like neither can the lapse of time nor changing of individuals alter in any sort the right of those people Furthermore if they say the King receives his kingdom from his Father and not from the people and hee from his Grandsa her and to one from another upward I ask could the Grandfather or Ancestor transfer a greater right to his Successor then he had himself If he could not as without doubt Vlpian de reg juris l. 54. it must need be so is it not plainly perspiâ—uous that what the Successor further arrogates to himself he may usurp with as sare a conscience as what a Thiefe gâ—â—s by the high-way side The people on the contrary have their right of eviction intire and whole although then that the officers of the Crown have for a time lost or left their rankes this cannot in any true right prejudice the people but rather cleer otherwise as one would not grant audience or show favour to a slave which had long time held his master prisoner and did not only vant himself to be free but also presumptuously assumed power over the life and death of his master neither would any man allow the excuses of a those because he had continued in that grade 30. yeers or for that he had beene bred in that course of life by his Father if hee presumed by his long continuance in that function to prescribe for the lawfulnesse but rather the longer he had continued in his wickednesse the more grievous should be his punishment in like manner the Prince is altogether unsupportable which because he succeeds a Tyrant or hath kept the people by whose suffrages he holds the Crown in a long slavery or hath suppressed the Officers of the kingdom who should be protectors of the publike liberty that therefore presumes that what he affects is lawfull for him to effect and that his will is not to be restrained or corrected by any positive Law whatsoever For prescription in tyranny detracts nothing from the right of the people nay it rather much aggravates the Princes on rages But what if the Peers and principal officers of the Kingdom makes themselves parts with the King Whaâ— if betraying the Publique cause the yoak of tyranny upon the peoples neck shall it follow that by this prevatication and treason the authority is devolved into the King Does this detract any thing from the aight of the peoples liberty or does it adde any licencious power to the King Let the people thank themselves say you who relyed on the distoyall loyalty of such men But I answer that these officers are indeed those Protectors whose principall care and study should be that the people be maintained in the free and absolute fruition of their goods and liberty And therefore in the same manner as if a treacherous Advocaâ—e for a sum of money should agree to betray the cause of his Client into the hands of his Adversary which he ought to have defended hath not power for all that to alter the course of justice nor of a bad cause to make a good one although perhaps for a time he give some colour of it In like manner this conspiracy of the great ones combined to ruine the inferiours cannot disanull the right of the people in the meane season those great ones incur the punishment that the same asors against Prevaricators and for the people the same Law allowes them to chuse another Advocate and afresh to pursue their cause as if it were then only to begin For if the people of Rome condemned their Captains and Generals of their Armies because they capitulated with their Enemies to their disadvantage although they were drawn to it by necessity being on the point to be all overthrown and would not be bound to performe the Souldiers capitulation much lesse shall a free People be tyed to bear the yoak of thraldome which is cast on them by those who should and might have prevented it but being neither forced nor compelled did for their own particular gain willingly betray those that had committed their liberty to their custody Wherefore Kings were created Now seeing that Kings have been ever established by the people and that they have had Associates joyned with them to contain them within the limits of their duties the which Associates considered in particular one by one are under the King and altogether in one intire Body are above him We must consequently see wherefore first Kings were established and what is principally their duty We usually esteem a thing just and good when it attains to the proper end for which it is ordained In the first place every one consents That men by nature loving liberty and having servitude born rather to command then obey have not willingly admitted to be governed by another and renounced as it were the priviledge of nature by submitting themselves to the commands of others but for some speciall and great profit that they expected from it For as Esope sayes That the horse being before accustomed to wander as his pleasure would never have received the bit into his mouth nor the Rider on his back but that he hoped by that means to overmatch the Bull neither let us imagine that Kings were chosen to apply to their own proper use the goods that are gotten by the sweat of their Subjects for every man loves and cherisheth his owne They have not received the power and authority of the People to make it serve as a Pandar to their pleasures for ordinarily the inferiours hate or at least envietheir superiours Let us then conclude that they are established in this place to maintain by justice and to defend by force of Armes both the publike State and perticular persons from all dammages and outrages wherefore Saint Augustine saith Those are properly called Lords and Masters Aâ—ig lib. 16 de civit dei c. 15. which provide for the good and profit of
of Alexander yet he confesseth that the divinity cannot so properly be compared to to any thing of this life as to the ancient Lawes of well-governed States he that prefers the Commonwealth applyes himself to Gods Ordinance but he that leans to the Kings fancies instead of Law prefers brutish sensuality before well-ordered discretion To which also the Prophers seemes to have respect who in some places describe these great Empires under the representation of ravening Beasts But to go on is not he a very Beast who had rather have for his guide a blind and mad man then he which sees both with the eyes of the body and mind a beast rather thâ—n god Whence it comes that though kings as saith Aristotle for a while at the first commanded without restraint of Laws yet presently after civilized people reduced iâ—â—â—em to a lawfull condition by biâ—ding them to keep and observe the Lawes and for this unruly absolute authority iâ— remained only amongst those which commanded over barbarons Nations He sayes afterwards that this absolute power was the next degree to plain tyrannie and he had absolutely called it tyrannie had not these beasts like Barbarians willingly subjected themselves unto it But it will be replyed that it is unworthy the majesty of Kings to have their wills bridled by Laws but I will say that nothing is more royall then to have our unruly desires ruled by good lawes It is much pitty to be restrained from that which we would doe it is much more worse to will that which we should not do but it is the worst of all to do that which the Laws forbid I hear me thinks a certain Furionius tribune of the people which opposed the passing of a Law that was made against the excesse which then reigned in Rome saying My Masters you are bridled you are idle and settered with the rude bonds of servitude your liberty is lost a Law is laid on you that commands you to be moderate to what purpose is it to say you are free since you may not live in what excesse of pleasure you like This is the very complaint of many Kings at this day and of their Mignior and Flatterers The Royall Majesty is abolished if they may not turn the kingdom topsâ—e turvie at their pleasure Kings may go shake their eaâ—es if Laws must be observed Pâ—radventure it is a miserable thing to live if a mad man may not be suffered to kill himself when he will For what else do those things which violate and abolish Lawes without which neither Empires no nor the very Societies of free-booters Cicero I. â— ossicii can at all subsist Let us then reject these deâ—estable falsinesse and impious vanities of the Court-Marmonsists which make kings gods and receive their sayings as Oracles and which is worse are so shamelesse as to perswade Kings that noâ—hing is just or equitable of it selfe but takes its true forme of justice or injustice according as it pleaseth the King to ordain as if he were some god which could neither erre nor sinne at all Certainly all that which Gods will is iust and therefore suppose it is Gods will but that must be just with the Kings will before it is his will For it is not just because the King hath appointed it but that King is just which appoints that to be held for just which is so of it self We will not then say as Anaxarchus did to Alexander much perplexed for the death of his friend Clitus whom he had killed with his own hands to wit that Themis the Goddesse of Justice fits by Kings sides as she does by Jupiters to approve and confirme whatsoever to them 〈◊〉 seem good but rather she sits as President over kingdoms to severely chastise those Kings which wrong or violate the majesty of the Laws we can no wayes approve that saying of Thrasimacus the Chaldoncan That the profit and pleasure of Princes is the rule by which all Laws are defined but rather that right must limit the profit of Princes and the Laws restrain their pleasures And instead of approving that which that vilâ—ainous woman said to Caracalla that whatsoever he desired was allowed him We will maintain that nothing is lawful but what the law permits And absolutely rejecting that detestable opinion of the same Caracalla that Princes gives Laws too hers but receive none from any we will say that in all kingdomes well established the King receives the Laws from the people the whâ—ch he ought carefully to consider and maintain and whatsoever eâ—ther by force or frâ—ud he does in prejudice of them must alwayes be repuâ—ed unjust Kings receive Lawes from the people These may be sufficiently verified by examples Before there was a King in Israel God by Moses prescribed to him both sacred and evill Deut. 17 Ordinances which he should have perpetually before his eyes but after that Saul was elected and established by the people Samuel delivered it to him written to the end he might carefully observe it neither were the succeeding Kings received before they had sworn to keepe those Ordinances The Ceremony was this that together with the setting of the crown on the Kings head they delivered into his hands the Book of the Testimony which some understand to be the right of the people of the Land others the Law of God according to which he ought to govern the people Cirus acknowledging himself conservator of his Countries Lawes obliegeth himself to opposE any man that would offer to infringe them and at his mauguration tyes himself to observe them although some flatterers tickled the eares of his Son Cambises that all things were lawfull for him The Kings of Sparta whom Aristotle calls lawfull Princes did every moneth renew their oaths promising in the hands of the Ephori Zeneph de Reb. Laced procures for the kingdome to rule according to those Lawes which they had from Lieurgus Hereupon it being asked Archidamus the Son of Zeuxidamus who were the Governours of Sparta he answered the Laws and the lawfull Magistrates and least the lawes might grow into contempt these people bragged that they received them from heaven and that they were inspired from above to the end that men might beleeve that their determinations were from God and not from man the Kings of Egypt did in nothing vary from the tennour of the lawes and confessed that their principall â—elicity consisted in the obedience thâ—y yeelded to them Romulus at the institution of the Roman kingdome made this agreement with senators the people should make lawes and he would take both for himselfe and others to see them observed and kept Antiochus the third of that name King of Asia writ unto all the Cities of his 〈◊〉 of lib 5. ca. 6. kingdome Tâ—at if the letters sent unto them in his name there were any thing found repugnant to the lawes they should beleeve they were no act of the Kings and therefore yeeld no obedience unto them
condemned and if he do otherwise he is no more a King but a Tyrant no longer a Judge but a Malefactor and instead of that honourable Title of Conservatour he shal be justly branded with that foule terme of Violator of the Law and Equity We must here first of all take into our consideration the foundation on which this our disputation is built which we have resolved into this head That Kings are ordained for the benefit and profit of the publike State this being granted the question is soon discust For who will believe that men sought and desired a King who upon any sudden motion might at his pleasure cut their throats or which in colour or revenge might when he would take their heads from their shoulders Briefly who as the wise man sayes carryes death at his tongues end we must not think so idely There is no man so vain which would willingly that his welfare should depend of anothers pleasure Nay with much difficulty will any man trust his life in the hands of a friend â—r a brother much lesse of a stranger be he never so worthy Seeing that Envie Hare and Rage did so far transport Athanas and Ajax beyond the bounds of reason that the one killed his children the other fayling to effect his desire in the same kind against his friends and companions turned his sury and murtherous intent and acted the same revenge upon himself Now it being naturall to every man to love himselfe and to seek the preservation of his own life In what assurance I pray you would any man rest to have a Sword continually hanging over his head by a small threed with the point towards him Would any mirth or jollity relish in such a continuall affright Can you possible make choyce of a more slender threed then to expose your life and welfare into the hands and power of a man so mutable that changes with every puft of wind Briefly which almost a thousand times a day shakes off the restraint of reason and discretion and yeelds himself slave to his own unruly and disordered passions Can there be hoped or imagined any profit or advantage so great or so worthy which migâ—t equalize or counterpose this feare or this danger Let us conclude then that it is against Delinquents onely whom the mouth of the Law hath condemned that Kings may draw forth the Sword of Authority If the King may pardon those whom the Law condemnes But because life is a thing precious and to be favoured peradventure it will be demanded whether the King may not pardon and absolve those whom the Law hath condemned I answer no Otherwise this cruell pitty would maintain Theeves Robbers Murtherers Ravisters Poysoners Sorcerers other plagues of Mankind as we may reade Tyrants have done here afore in many places and to our wofull experience wee may yet see at this present time And therefore the Beast of Law in this kind will by impurity much encreise the number of offendors So that he which received the Sword of Authority from the Law to promise offence will arme offenders therewith against the Lawes and put himselfe the Woolfe into the Fold which hee ought to have warranâ—ed from their ravenous outrages But for so much that it may chance in some occasions that the Law being mute may have need of a speaking Law and that the King being in some cases the aptest Expositor a king for the Rule of his actions Equity and Reason which as the soule of the Soule may so cleere the intention thereof as where the offence is rather commited against the words then the intendment of the Law hee may free the innocent Offendor from the guilt thereof because a just and equitable Exposition of the Law may in all good reason be taken for Law it selfe as neerest concurring with the intention of the Law makers Notwithstanding least passion should preposse the place of reason I. Nomims res S. verbum ex lâ—ge D. de verb signif Kings should in this fashion themselves to the ordinary practise of the Emperour severns not to determine absolutely any thing before it were maturely discussed by upright and discreet men in that facultie And so the King may rigorously punish the Murtherer and yet notwithstanding pardon him which casually and without any such purpose killeth one He may put to death the Thiefe and yet pardon that man which in â—is own defence killeth him that would have robbed him Briesly in all other occurrences hee may distinguish as being established Aroitrator and Newter Chaunce medly from malice fore-thought a good purpose from the Rigour of the Law without favouring at any time Malice or Treason Neither can the omission of this duty gain to him any true esteeme of mercifull for certainly that Shepherd is much more pitifull which kils the Woolf then he which lets him escape the clemencie of that King is more commendable which commits the malefactor to the hangman then he which delivers him By puâ—â—ing to death the murtherer many Innocents are delivered from danger whereas by suffering him escape both he and others through hope of the like impunitie are made more audacious to perpetrate farther mischief so that the immediate act of saving one Delinquent arms many hands to murther divers Innocents there is therefore both truly mildnesse in putting to death some and as certainly cruelty in pardoning of others Therefore as it is permitted the King being as it were Custos of the Law in some cases to interpret the words thereof so in all well ordered Kingdoms it is enjoyned the Counsell of State and their duty obligeth them to examine the Kings interpretation and to moderate both his seleritie and facilitle If through the corruption and weaknes of men this have not been so really and throughly observed as it ought yet notwithstanding the right alwayes remains intire and there wants onely integritie and courage in the parties to make it effectuall But not to heap up too many examples in a matter so manifestly clear it hath been in this manner practised in the Realm of France For we have there oftentimes seen those put to death to whom the King had granted his Charter of pardon and those pardoned whom He commanded should be put to death And sometimes offences committed in the Kings presence remitted because there was no other witnesse but himself The which happened in the time of Hen 2. to a certain stranger who was accused by the King himself of a grievous offence If an offendor by the intercession of friends have his pardon granted by the king the Chancellor upon sufficient cause may cancell it if the Chancellor connive yet mâ—â—t the crimined present it before the Judges who ought not onely carefully to consider whether the Pardon were gotten by surâ—eptitious or indirect means but also if it be legall and in due form neither can the De inquent that hath obtained his Chaâ—ter of Pardon make use of it untill first he appeal
in publick Court-bare headed and on his knees plead it submitting himself prisoner untill the Judges have maturely weighed and considered the reasons that induced the King to grant him his pardon If they be found insufficient the offendor must suffer the punishment of the Law as if the King had not granted him any pardon but if his pardon be allowed he ought not so much to thank the King as the equitie of the Law which saved his life The manner of these proceedings was excellently ordained both to contain the King within the limits of equitie lest being armed with publick Authoritie he should seek to revenge his own particular spleen or out of fancie or partialitie remit the wrongs and outrages committed against the publick safetie as partly also to restrain an opinion in the Subject that any thing could be obtained of the King which might prejudice the Laws If these things have been ill observed in our times notwithstanding that which we have formerly said remains alwaies certain that it is the Laws which have power over the lives and deaths of the Inhabitants of a Kingdom and not the King which is but Administrator and Conservator of the Laws Subjects are the Kings Brethren and not his slaves For truly neither are the Subjects as it is commonly said the Kings slaves or bond men being neither prisoners taken in the wars nor bought for money but as considered in one intire body they are Lords as we have formerly proved so each of them in particular ought to be held as the Kings Brothers and kinsmen And to the end that we think not this strange let us hear what God himself saith when he prescribes a law to Kings That they lift Deuc 17. 15. 20. Barto in tract de regiâ—n civit not their heart above their brethren from amongst whom they were chosen Whereupon Bartolus a famous Lawyer who lived in an age that bred many Tyrants did yet draw this conclusion from that Law that Subjects were to be held and used in the qualitie and condition of the Kings brethren and not of his slaves Also King David was not ashamed to call his Subjects his brethren 1 Chron 28. 2 The ancient Kings were called Abimelech an Hebrew word which fignifies My father the King The Almighty and all good God of whose great gentlenesse and mercie we are daily partakers and very seldome feel his severitie although we justly deserve it yet is it alwayes mercifully mixed with compassion whereby he teacheth Princes his Lieutenants that Subjects ought rather to be held in obedience by love than by fear But lest they should except against me as if I sought to trench too much upon the Royall Authoritie I verily beleeve it is so much the greater by how much it is likely to be of longer continuance For saith one servile fear is a bad guardian for that Authoritie Cicer. l 2. offic we desire should continue for those in subjection hate them they fear and whom we hate we naturally wish their destruction on the contrary there is nothing more proper to maintain their Authority then the affection of their subjects on whose love they may safeliest and with most securitie lay the foundation of their greatnesse And therefore that Prince which governs his Subjects as brethren may confidently assure himself to live securely in the midst of dangers whereas he that useth them like slaves must needs live in much anxietie and fear and may well be resembled to the condition of that Master which remains alone in some desart in the midst of a great troop of slaves for look how many slaves any hath he must make account of so many Enemies which almost all Tyrants that have been killed by their Subjects have experimented whereas on the contrary the Subjects of good Kings are ever as solicitously carefull of their safetie as of their own welfare To this may have reference that which is read in diverse places Plato lib. 8. de repub Seneca Aliud est servire aliud obedire aliud libertas aliud licentia L. 5. D. de parricid L. 2. ad leg Corneliam de sicar vbi vlp L. 1. c. de parricid of Aristotle and was sayd by Agasicles King of Sparta That Kings command as fathers over their children and Tyrants as masters over their slaves which we must take in the same sence that the civilian Martianus doth to wit that paternall authority consists in piety and not in rigor for that which was practised amongst the men of the accorne age that fathers might sell and put to death their children at their pleasure hath no authority amongst Christians yea the very Pagans which had any humanity would not permit it to be practised on their slaves Therefore then the father hath no power over the sons life before first the Law have determined it otherwaise he offends the Law Cornelius against privie murtherers and by the Law Pompeius against Parricides the father is no lesse guilty which kills the son then the son which murthers the father for the same occasion the Emperor Adrian banished into an Island which was the usuall punishment for notorious offenders a father which had slain his son a hurting of whom he had entertained a jealous opinion for his mother in Law concerning servants or slaves we are admonished in holy writ to use them like brethren and by humane constitutions as hierlings or mercinaries By the Civill Law of the Egyptians and Romans and by the Ecclesiast 33. Cicer. lib. 3. offici Diod. Sic. lib. 2. C. 2. L. 1 D. de his qui sunt sui vel al. juris constitutions of the Antonims the Master is aswell liable to punishment which hath killed his own slave as he which killed another mans In like manner the Law delivers from the power of the Master the slave whom in his sicknesse he hath altogether neglected or hath not afforded convenient food and the infranchilde slave whose condition was somewhat better might for any aparent injurie bring his action against his Patron Now seeing there is so great difference between slaves and lawfull children betwixt Lords and fathers and notwithstanding heretofore it was not permitted amongst the heathen to use their slaves cruelly What shall we say pray you of that father of the people which cries out tragically with Aireus I will devoure my Children In what esteeme shall we hold that Prince which takes such pleasure in the massacring his Subjects condemned without being ever heard that he dispatched many thousand of them in one day yet is not glutted with blood Briefly who after the example of Caligula surnamed the Phaeton of the world wisheth that all his people had but one head that he might cut it off at one blow Shall it not be lawfull to implore the assistance of the Law against such furious madnesse and to pull from such a Tyrant the sword which he received to maintaine the Law and defend the good when it is drawn
by him onely for rapine and ruine Whether the goods of the people belong to the King But to proceed let us now see whether the King whom we have alreadie proved hath not power over the lives of his Subjects is not at the least Lord over their Goods In these dayes there is no language more common in the Courts of Princes then of those who say all is the Kings Whereby it follows that in exacting any thing from his Subjects he takes but his own and in that which he leaves them he expresseth the care he hath that they should not be altogether destitute of meanes to maintaine themselves and this opinion hath gained so much power in the minds of some Princes that they are not ashamed to say that the paines sweat and industrie of their Subjects is their proper revenue as if their miserable Subjects onely kept beasts to till the earth for their insolent masters profit and luxurie And indeed the practise at this day is just in this manner although in all right equity it ought to be contrarie now we must alwaies remember that Kings were created for the good and profit of the people and that those as Aristotle sayes which indeavour and seeke the commoditie of the people are trusty Kings whereas those that make their own private ends and pleasures the onely butt and aime of their desirers are truly Tyrants It being then so that every one loves that which is his owne yea that many covet that which belongs to other men is it any thing probable that men should seek a master to give him francklie al that they had long laboured for and gained with the sweat of their browes may we not rather imagine that they chose such a man on whose integrity they relied for the administring of justice equally both to the poore and rich and which would not assume all to himselfe but rather maintaine every one in the fruition of his own goods or who like an unprofitable Drone should suck the fruit of other mens labours but rather preserve the house for those whose industrie justly deserved it briefly who instead of extorting from the true owners their goods would see them defended from all ravening oppressors What I pray you skills it sayes the poore Countrie man whether the King or the enemy make havok of my goods since through the spoile thereof I and my poore familie die for hunger what imports it whether a stranger or home-bred caterpiller ruine my estate and bring my poore fortune to extream beggery Whether a forrein Souldier or a Sicophant Courtier by force or fraud make me alike miserable Why shall he be accounted a barbarous enemy if thou be a friendly Patriot Why he a Tyrant if thou be a King Yea certainly by how much parracide is greater then manslaughter by so much the wickednesse of a King exceeds in mischiefe the violence of an enemy If then therefore in the creation of Kings men gave not their own proper goods unto them but onely recommended them to their protection by what other right then but that of free booters can they challenge the propertie of other mens goods to themselves Wherefore the Kings of Egypt were not according to Law at the first the Lords of particular mens estates but were onely then when they were sold unto them for corne and yet may there well be question made of the validitie of that contract Ahab King of Israel could not compell Naboth to sell him his Gen 45. 1 Kings 21. 1. c. vineyard but rather if he had been willing the Law of God would not permit it The Roman Emperors which had an unreasonable power could neither by right have done it At this day there is with much difficultie any Kingdom to be found where the meanest Subject may not sue the King where many times the L. venditor 13. D. de com praed divid King is not cast in the sute which succeeding he must as well as others satisfie the judgment And to this is not contrarie although at the first veiw it seeme so that which some of their most familiars have written of the Emperors That by the civill Law all things were the Kings and that Caesar was absolute Lord of all Seneca lib. de benef 7. C. 4. 5. 6. things they themselves expound this their opinion in this manner that the dominion of all things belongs to the King and the proprietie to the particular persons insomuch as the one possesseth all by the right of commanding the other by the Law of inheritance We know that it is a common saying amongst the Civilians that if any make claime to a house or a Ship it followes not therefore that he can extend his right to all the furniture L. nave 36. D. de evictionibus or lading And therefore a King may challenge and gaine right to the Kingdome of Germanie France and England and yet notwithstanding he may not lawfully take any honest mans estate from him but by manifest injustice seeing that they are things diverse and by Law distinguished to be possessors of the whole and of all the particular parts Whether the King be the proper owner of the Kingdom But the King is he not Lord proprietor of the publick Revenue We must handle this point somewhat more exactly then we did the former In the first place we must consider that the revenue of the publick Excheaquer is one thing the proper patrimonie of the Prince an other of different nature are the goods of the Emperor King or Prince to those of Aâ—tonius Henrie or Philip those are properly the Kings which he injoyes as King those are Antonious his which he possesseth as in the right of Antonius the former he received from the people the latter from those of his blood as inheritor to them This distinction is frequent in the books of the civill Law where there is a difference ever made between the patrimonie of the Empire and that of the Emperor the treasurie of Caesar is one L. bene à Zenone C. de quod praesc C. unde quaest Mag ib. 12. C. l. fiscus D. de jurefisci thing and the Exchequer of the Common-wealth another and both the one and the other have their severall procurers there being diverse dispensers of the sacred and publick distributions and of the particular private expences insomuch as he which as Emperor is preferred before a private man in a grant by deed or chartell may also sometime as Antonius give place to an inferiour person In like manner in the Empire of Germanie the revenue of Ferdinand of Austria is one thing and the revenue of the Emperor Ferdinand is another the Empire and the Emperor have their severall treasurers as also there is difference in the inheritances which the Princes derive from the houses of their ancestors and those which are annexed to the Electorall dignities Yea amongst the Turks themselves Selimus his
gardens and patrimoniall lands are distinstuished from those of the publick the one serving for the provision of the Sultans table the other imploied onely about the Turquish affaires of State There be notwithstanding Kingdomes as the French and English and others in which the King hath no particular patrimony but onely the publick which he received from the people there this former distinction hath no place For the goods which belongs to the Prince as a quaere of what nature the ancient demeane is in England private person there is no question he is absolute owner of them as other particular persons are and may by the civill Law sell ingage or dispose of them at his pleasure But for the goods of the Kingdome which in some places are commonly called the demeanes the Kings may not be esteemed nor called in any sort whatsoever absolute Lords Proprietors of them For what if a man for the flocks sake have made thee Shepheard doth it follow L. cum servus 39. Sec vlt. D. de leg 1. l. universi 9. â— seq C de fundo patrim that thou hast libertie to flea pill sell and transport the Sheepe at thy pleasure Although the people have established thee Judge or Governour of a Citie or of some Province hast thou therefore power to alienate sell or play away that City or Province And seeing that in alienating or passing away a Province the people also are sold have they raised thee to that authority to the end thou shouldest seperate them from the rest or that thou shouldest prostitute and make them slaves to whom thou pleasest Furthermore I demand if the Royall dignity be a patrimony or an Office If it be an Office what Community hath it with any propriety If it be a Patrimony is it not such a one that at least the paramount propriety remaines still in the people which were the doners Briefly if the revenue of the Exchequer or the demeanes of the Kingdome be called the dowrie of the Common-wealth and by good right and such a dowrie whose dismembring or wasting brings with it the ruine of the publick State the Kingdom and the King by what Law shall it be lawfull to alienate this dowrie Let the Emperor Wencislaus be infatuated the French King Charles the sixt lunatick and give or sell the Kingdom or part of it to the English let Malcolme King of the Scots lavishly dissipate the demeanes and consume the publick treasure what followes for all this Those which choose the King to withstand the invasions of forrein enemies shall they through his madnesse negligence be made the slaves of strangers and those meanes wealth which would have secured them in the fruition of their own estates and fortunes Shall they by the election of such a King be exposed to the prey rapine of all commers and that which particular persons have saved from their own necessities and from those under their tutorship and government as it hapned in Scotland to indew the Common-wealth with it shall it be devoured by some Pandar or Broker for unclean pleasures But if as we have often said that Kings were constituted for the peoples use what shall that use be if it be perverted into abuse What good can so much mischiefe and inconvenience bring what profit can come of such eminent and irreparable dammages and dangers If I say in seeking to purchase my own liberty wellfare I ingage my selfe into an absolute thraldome and willingly subject my self to anothers Yoake and become a fettered slave to another mans unruly desires therefore as it is imprinted in all of us by nature so also hath it by a long custome been approved by all Nations that it is not lawfull for the King by the counsel of his own fancie and pleasure to diminish or waste the publick revenue and those which have run a contrarâ—e course have even lost that happy name of a King and stood bâ—â—â—â—ded with the infamous title of a Tyrant I confesse that when Kings were instâ—uted there was of nâ—cessity means to be assigned for them as well to maintain their Royall dignity as to furnish the expence of their teaine and Officers Civility and the wellfare of the publick State seeme to require it for it was the duty of a King to establish Judges in all places who should receive no presents nor sell Justice and also to have power readie to assist the execution of their Ordinances and to secure the waies from dangers that commerce might be open and free c. If there were likelihood of warrs to fortifie and put Garrisons into the frontier places and to hold an Armie in the field and to keep his Magazins well stored with munition It is commonly said that peace cannot be well maintained without provision for wars nor warrs managed without men nor men kept in discipline without pay nor mony gotten without Subsidies and Tributes To discharge therfore the burden of the State in time of Peace was the demeane appointed and in time of warrs the tributes and imposts yet so as if any extraordinary necessity required it mony might be raised by Subsidies or other fitting meanes The finall intendment of all was ever the publick utility in so much as he which converts any of these publick Revenues to his own private purposes much more he which mispends them in anyunworthy or loose occasions no way merits the name of a King for the Prince saith the Apostle is the minister of God for the good of the people and for that cause is Tribute paid unto them Rom. 13. This is the true originall cause of the customes and imposts of the Romans that those rich merchandises which were brought The same reason is recorded for all our imposts in England with which a Navy was wont to be maintained at Sea from the Indies Arabia Ethiopia might be secured in their passage by land from theeves and robbers in their transportation by Sea from Pirats insomuch as for their security the Common-wealth maintained a Navy at Sea In this rank we must put the Custome which was payd in the red Sea and other Imposts of gates bridges and passages for the securing of the great road waies therfore called the Pretorian consular and the Kings high-waies from the spoile of theeves and free-booters The care also of the reparation of bridges was referred to Commissaries deputed by the King as appeares Archi in Caâ— fi qois Romi pâ—â—â—s pereg 24. q 3. Bâ—lam câ—â— Sect. conventicula de pace iure iurfir l. 2. D. ne quid in loto publ viarum by the Ordinance of Lewis the Courteous concerning the 12. bridges over the River of Seyne commanding also boats to be in a readinesse to ferrie over passingers c. For the tax laid upon Salt there was none in use in those times the most of the Salt pits being injoyed by private persons because it seemed that that which nature out of her
own bountie presented unto men ought no more to be inhaunsed by sale then either the light the aire or the water as a certaine King called L. magis puto D. de â—ebus corum Lycurgus in the lesser Asia began to lay some impositions upon the Salt pits there nature as it were impatiently bearing such a restraint of her liberality the springs are said to drie up suddenly Inv. Sat 4. Si quid palphurio si credimus Armillato Quicquid conspicuum palchrum qâ—ex aequoâ—e toâ—o est Res fisci est ubicunque natat Now although certain Marmâ—usets of the Court would perswade us at this day as Juveral complained in his time that the Sea affords nothing of worth or good which falls not within the compasse of the Kings Prerogative He that first brought this taxation into Rome was the Censor Livius who therefore gained the surname of Salter neither was it done but in the Common-wealths extreame necessity And in France King Philip the long for the same reason obtained of the Estates the imposition upon Salt for five years onely what turmoiles and troubles the continuance thereof hath bred every man knowes To be bâ—eife all Tributes were imposed and continued for the provision of meanes and stipends for the men of war so as to make a Province stipendarie or tributarie was esteemed the same with militarie Behold wherefore Solomon exacted Tributes to wit to fortifie 1 King 9. 15. the Towns and to erect and furnish a publick magazine which being accomplished the people required of Reholoam to be freed Postâ—l li. 3 de rep Turc from that burden The Turks call the Tribute of the Provinces the Sacred blood of the people and account it a most wicked crime to implâ—y it in any thing but the defence of the people Wherefore by the same reason all that which the King conquers in warre belongs to the people and nor to the King because the people bore the charges of the war as that which is gained by a factor accures to the account of his master Yea and what advantage he gaines by marriage if it belongs simplie and absolutely to his wife that is acquired also to the Kingdom for so much as it is to be presumed that he gained not that preferment in marriage in quality of Philip or Charles but as he was King On the contrarie in like manner the Queens have interest of indowment in the estates which their husbands gained and injoyed before they attained the Crown and have no title to that which is gotten after they are created Kings because that is judged as the acquist of the Common purse and hath no proper reference to the Kings private estate which was so determined in France betwixt Philip of Valoys and his wife Jedne of Burgundie But to the end that there be no money drawn from the people to be imployed in private designes and for particular ends and purposes the Emperor swears not to impose any Taxes or Tributes whatsoever but by the authority of the Estates of the Empire As much do the Kings of Polonia Hungarie and Denmarke promise the English in like manner enjoy the same unto this day by the Lawes of Henry the third and Edward the first The French Kings in former times imposed no Taxes but in the Assemblies and with the consent of the three Estates from thence sprung the Law of Philip of Valoys that the people should not have any Tribute layd on them but in urgent necessity and with the consent of the Estates Yea and anciently after these monies were collected they were locked in coffers through every Diocesse and recommended to the speciall care of selected men who are the same which at this day are called Esleus to the end that they should pay the souldiers enroled within the Towns of their Diocesses the which was in use in other Countries as namely in Flanders and other neighbouring Provinces At this day though many corruptions be crept in yet without the consent and confirmation of the Parliament no exactions may be collected notwithstanding there be some Provinces which are not bound to any thing without the approbation of the Estates of the Countrey as Languedoke Brittannie Province Daulphinie and some others All the Provinces of the Low Countries have the same priviledges finally lest the Exchequer devour all like the spleen which exhales the spirits from the other members of the body In all places they have confined the Exchequer within its proper bounds and limits Seeing then it is most certaine that what hath been ordinarily and extraordinarily assigned to Kings to wit Tributes Taxes and all the demeanes which compreheâ—d all customes both for importations and exportations forfeitures amercements royall escheates confiscations and other dews of the same nature were configned into their hands for the maintainance and defence of the people and the State of the Kingdom insomuch as if these sinewes be cut the people must nâ—eds fall to decay and in demolishing these foundations the Kingdome will come to utter ruine It necessarily follows that he which layes impositions on the people onely to oâ—presse them and by the publick detriment seeks private profit and with their own swords kills his subject he truely is unworthy the name of a King Whereas concrarily a true King as he is a carefull mannager of the publick affairs so is he a ready protector of the Common wellfare and not a Lord in propriety of the Common-wealth having as little authority to alienate or dissipate the demeans or publick Revenue as the Kingdom it self And if he mis-govern the State seeing it imports the Common-wealth that every one make use of his own talent it is much more requisite for the publick good that he which hath the mannaging of it carrie himself as he ought And therefore if a prodigall Lord by the authority of justice be committed to the tuition of his kinsmen and friends and compelled to suffer his revenues and means to be ordered and disposed of by others by much more reason may those which have interest in the affairs of State whose duty obligeth them thereto take all the Administration and government of the State out of the hands of him which either negligently executes his place ruines the Common-wealth if after admonition he indeavours not to performe his duty And for so much as it is easily to be proved that in all lawfull Dominions the King cannot be held Lord in propriety of the demeane without searching into those elder times whereof we have an apt representation in the Gen. 23. person of Ephron King of the Hittites who durst not sell the Field to Abraham without the consent of the people This right is at this day practised in publick States the Emp of Germany before his Sleyd l. 1. bulla aurea Coronation doth solemly swear that he will neither alienate dismember nor ingage any of the rights or members of the Empire And if he
recover or conquer any thing with the Arms means of the publick it shall be gained to the Empire and not to himself Wherfore when Charles the 4th promised each of the Electors an hundred thousand Crowns to choose his Son Wencislaus Emperor and having not ready money to deliver them he morgaged Customs Taxes Tributes and certain Towns unto them L. 1. passim c. de con re alien naucler in Chron. which were the proper appurtenances of the Empire whereon followed much and vehement contestation most men holding this ingagement void And questionlesse it had been so declared but for the profit that those reaped thereby which ought principally to have maintained and held intire the rights and dignities of the Empire And it followed also that Wencislaus was justly held uncapable of the government of the Empire chiefly because he suffered the rights of the Empire over the Duchy of Millen to bewrested from him There is a Law very ancient in the Kingdom of Polonia which prohibits the alienating of any of the Kingdoms Lands the which also C intellecto de jure jurando in Decretal Polidor Virgil. In cod His part 5. 1. 5. constis 9. was renewed by King Lewis in the yeer 1375. In Hungary in anno 1221. there was a complaint made to Pope Honorius that King Andrew had ingaged the Crown Lands contrary to his oath In England was the same by the Law of King Edw in the yeer 1298. Likewise in Spaine by the Ordinance made under Alphonsus and renewed in the yeer 1560. in the Assemblie of the Estates at Toledo These Laws were then ratified although long time before Custome had obtained the vigor and effect of Law Now for the Kingdom of France whereto I longer confine my self because she may in a sort passe as a pattern to the rest this right hath ever remained there inviolable It is one of the most ancient Laws of the Kingdom and a right born with the Kingdom it self that the Demain may not be alienated the which Law in anno 1566. although but ill observed was renewed There is onely 2. cases excepted the portions or Apennages of the children and brothers of the King yet with this reservation that the right of Vassallage remains Papon Arestor l. 5. â—â— 10. Act. 4. alwayes to the Crown in like manner if the condition of War require necessarily an alienation yet it must be ever with power of redemption Anciently neither the one nor the other were of validitie but by the commandment of the States at this day since the Parliament hath been made sedentarie the Parliament of Paris which is the Sect 5. 11. 16. legis regiae 1566. Court of the Peers and the Chamber of Accounts and of the Treasurie must first approve it as the Edicts of Charles the sixt and ninth do testifie This is a thing so certain that if the ancient Kings themselves would endow a Church although that was a work much favoured in those dayes they were notwithstanding bound to have an allowance of the Estates witnes King Childebert who might not endow the Abbey of St. Vincent at Paris before he had the French and Newstrafians consent Clovis the 2d and other Kings have observed the same They Aimonius l. 4. cha 41 c. might neither remit the regalities by granting infranchisements nor the nomination of Prelates to any Church And if any of them have done it as Lewis 11. Philip 4. and Philip surnamed Augustus did in favour of the Churches of Senis Auxera and Nevers the Parliament hath L. peto 69 Sect praedium D. de leg 2. An. 1329. 1360. 1374. 1401. 1583. declared it void When the King is anointed at Reims he swears to observe this Law and if he infringe it that Act hath as much validitie with it as if he contracted to sell the Empires of the great Turk or Sophie of Peâ—sia From this spring the Constitutions or Ordinances of Philip 6. of John 2d of Charles 5th 6th and 8th by which they revoke all alienations made by their Predecessors In the Assemblie of the Estates at Tours where King Charles the 8th Anno 1483. 1522. 1531. 1549 1560. by divers Decrees of the Court of Parliament was in person divers alienations made by Lewis 11. were repealed and annihilated and there was taken away from the Heirs of Tancred of Chastel his great Minnion divers places which he had given him by his proper Authoritie This was finally ratified in the last Assemblie of the Estates held at Orleans Thus much concerning the Kingdoms Demean But to the end that we may yet more clearly perceive that the Kingdom is preferred before the King and that he cannot by his own proper Authority diminish the Majestie he hath received from the people nor infranchise or release from his Dominion any one of his Subjects nor quit or relinquish the Soveraigntie of â—he least part of his Kingdom Charlemayn in former times endeavoured to subject the Kingdom Paulus Aemilius lib 3. of France to the German Empire the which the French did couragiously oppose by the mouth of a Prince of Glasconnie and it Charlemayn had proceeded in that businesse it had come to the triall of the Sword In like manner when any portion of the Kingdom was granted Anno 1195. 1â—60 1269. 2297. 1303. 1325. 1330. Anno 1360. to the English the soveraigntie was almost alwayes reserved And if sometimes they obtain'd it by force as at the Treatie of Bretignie by the which king John quitted the Soveraignty of Glasconnie and Poyton that agreement was not kept neither was he more bound to do it then a Tutor or Guardian is being prisoner as he was then which for his own deliverance should ingage the estate of his Pupils By the power Anno 1465. of the same Law the Parliament of Paris made void the Treatie of Conflâ—us by the which Duke Charles of Burgundie had drawn from the king Aâ—niens and other Towns of Picardie In our dayes the same Parliament declared void the Agreement made at Madrid between Anno 1525. Francis the 1. then prisoner and Charles the 5. concerning the Duchie Aâ—â—â— 1420. M â—uâ—â—â—let chap. 225. of Buâ—gundie But the donation made by Charles the 6. unto Hâ—n king of England of the kingdom of France after his decease is a sufficient testimony for this matter and of his madnes if there had been no other proof But to leave off producing any further testimonies examples or reasons by what right can the King give or sell away the kingdom or any part of it seeing it consisteth of people and not of earth or L. liber homo 10â— D. de ver oblâ— liemâ—tâ— 34 â—â—ct â— D. de coâ—te â—mp lâ—â—eâ—â—â—lt C de opâ—r libert walls and of Free men there can be made no sale nor traffick yea and the Patrons themselves cannot compell the infranchisde servants to make their habitations in other places then themselves
like The which is the rather to be allowed in that Subjects are neither slaves nor intraâ—châ—â—de servants but brothers and not onely the Kings bâ—ethren taken one by one but also considered in one body they ought to be eâ—â—eâ—nâ—ed absolute Lords and owners of the Kingdom Whether the King be the usufruictuor of the Kingdom But if the King be not Lord in proprietie yet at the least we may esteeme him usufruictuor of the Kingdom and of the Demean nay truly we can allow him to have the usufruit for being usufruictuor though the proprietie remain in the people yet may he absolutely dispose of the profits and ingage them at his pleasure Now we have already proved that Kings of their own Authority cannot ingage the Revenues of the Exchequer or the Demain of the Kingdom The usufroictuor may dispose of the profits to whom how and when he pleaseth Contrarily the excessive gifts of Princes are ever judged void his unnecessary expences are not allowed his superfluous to be cut off and that which is expended by him in any other occasion but for the publick utilitie is justly esteemed to be unjustly extorted And is no lesse liable to the Law Cincea then the meanest Roman Citizen formerly was In France the Kings gifts are never of force untill the Chamber of Accounts have confirmed them From hence proceed the postils of the ordinarie Chamber in the giving up of the Accounts in the Reigns of prodig all kings Trop donne soyt repele which is excessive gifts must be recalâ—ed The Judges of this Chamber solemnly swear to passe nothing which may prejudice the Kingdom or the publick State notwithstanding any letters the King shall write unto them but they are not alwayes so mindfull of this oath as were to be desired Furthermore the Law takes no care how a usufruictuor possesseth and governes his revenues but contrariwise she prescribes unto the King how and to what use he shall imploy his For the ancient Kings of France were bound to divide their royall revenues into foure parts The first was imployed in the maintaining of the Ministers of the Church and providing for the poore The second for the Kings table The third for the wages of his Officers and houshold servants The last in the repairing of bridges castles and the royall Palaces And what was remaining was layd up in the treasurie to be bestowed Monstrel in Car. 6. on the necessities of the Common-wealth And Histories do at large relate the troubles and tumults which hapned about the yeer 1412 in the Assemblie of the Estates at Paris because Charles the sixt had wasted all the money that was raised of the revenues and demean in his own and his minnions loose pleasures and that the expences of the Kings houshold which before exceeded not the summe of 94000. francks did amount in that miserable estate of the Common wealth to five hundred and fourty thousand francks Now as the demeane was imploied in the before mentioned affaires so the aydes were onely for the war and the taxes assigned for the payment of the men at armes and for no other occasion In other Kingdomes the King hath no greater authority and in divers lesse especially in the Empire of Germanie and in Poland But we have made choise of the Kingdome of France to the end it be not thought this hath any speciall prerogative above others because there perhaps the common-wealth receiveth the most detriment Briefly as I have before said the name of a King signifieâ— not an inheritance nor a Propriety nor a usufruict but Ex concil Valem in c. 1. â—e his quae fiunt a praelat abque consenlucapit a charge office and procuration As a Bishop is chosen to look to the wellfare of the soul so is the King established to take care of the body so far forth as it concerns the publick good the one is dispensor of the heavenly treasure the other of the secular and what right the one hath in the Episcopall revenues the same hath the other and no greater in the Kingdoms demean If the Bishop alien the goods of the Bishoprick without the consent of the Chapter this alienation is of no value If the King alien the demeane without the approbation of the Estates that is also void one portion of the Eclesiasticall goods ought to be imployed in the reparation of the Churches the second in releiving of the poore the third for the maintenance of the Church-men and the fourth for the Bishop himself We have seen before that the King ought to divide into foure parts the Râ—venues of the Kingdoms demeane The abuse of these times cannot infringe or annihilate the right for although the most part of the Bishops steale from the poor that which they profusely cast away on their pandars and ruine and destroy their lands and woods the calling of the Bishop is not for all that altered Although that some Emperors have assumed to themselves an absolute power that cannot invest them with any further right because no man can be judge in his own cause What if some Caracalla vaunt he will not want money whilest the sword remaines in his custodie The Emperor Adrian will promise on the contrary so to discarge his office of Principalitie that he will alwaies remember that the Common-wealth is not his but the peoples which one thing almost distinguisheth a King from a Tyrant Neither can that act of Aâ—talus King of Pergomus designing the Roman people for heires to his Kingdome nor that of Alexander for Egypt nor Pâ—olom for the Cyrenians bequeathing their Kingdomes to the same people nor Praesutagus King of the Icenians which left his to Caesar draw any good consequence of right to those which usurpe that which by no â—ust title belongs to them nay by how much the intrusion is more violent by so much the equity justice of the cause is more perspicuous for what the RomaÌ„s assumed under the colour of right they would have made no difficulty if that pretext had been wanting to have taken by force we have seen almost in our daies how the Venetians possest themselves of the Kingdom of Ciprus under pretence of an imaginarie adoption which would have proved rediculous if it had not been seconded by power and armes To which also may be not unfitly resembled the pretended donation of Constantine to Pope Silvester for that straw of the decretist Gratian was long since consumed and turned to ashes neither is of more validity the grant which Lewis the courteous made to Pope Paschal of the Citie of Rome and part of Italy because he gave that which hee possessed not no man opposed it But when his Father Volater l. Geogr 3. Charlemain would have united subjected the Kingdome of France to the Germane Empire the French did lawfully oppose it and if he had persisted in his purpose they were resolved to have hindered him and defended themselves by armes There can be to as
little advantage alledged that act of Solomons whom we read to have delivered 1 Kings 9. 11. twenty Towns to Hiram King of Tire for he did not give them to him but for the securing of the Talents of gold which Hiram 2 Chron. 8. 2. had lent him and they were redeem'd at the end of the terme as it appeares by the Text. Further the soile was barren and husbanded by the remaining Canaanites But Solomon having redeemed it out of the hands of Hiram delivered it to the Israelites to be inhabited and tilled Neither serves it to much more purpose to alleadg that in some Kingdomes there is no expresse agreement between the King and the people for suppose there be no mention made yet the law of nature teacheth us that Kings were not ordained to ruine but to govern the Common-wealths and that they L. 2. §. jus reipub D. de administral rer ad Civit. pert l. 〈◊〉 27. D. de admut tut may not by their proper authority alter or change the rights of the publique State and although they be Lords yet can they challenge it in no other quality then as Guardians do in the tuition of their pupills neither can wee account him a lawfull Lord which deprives the Common-wealth of her liberty and sels her as a slave Briefly neither can we also alleadg that some Kingdomes are the L. si fundum sect si tut D. depositi et exprâ—ssuis Extravag de rejudicata c. intellecto proper acquists of the King himselfe insomuch as they were not conquered by their proper meanes and swords but by the hands and with the wealth of the publique and there is nothing more agreeable to reason then that which was gained with the joynt faculties and common danger of the publique should not be alien'd dispos'd of without the consent of the States which represent the Common-wealth and the necessity of this law is such that it is of force amongst robbers and free-booters themselves He which follows a contrary course must needs ruine humane society And although the French conquered by force of armes the Countreyes of Germany and Gaule yet this before mentioned right remaines still L. 2. et passiâ— C. de interd Com. rer alieâ—â—t intire To conclude we must needs resolve that Kings are neither proprietors nor usu-fructuaries of the royall patrimony but only administrators and being so they can by no just right attribute to themselves the propriety use or profit of private mens estates nor with as little reason the publique revennues which are in truth only the Common-wealths But before we passe any further we must here resolve a doubt The people of Israel having demanded a King the Lords said to Samuel hearken unto the voice of the people notwithstanding 1 Sam. 8. 7. c. give them to understand what shall be the manner of the King which shall reigne over them he will take your fields your vineyards your olive-trees to furnish his owne occasions and to enrich his servants briefly he will make the people slaves One would hardly believe in what estimation the Courtiers of our times hold this Text when of all the rest of the holy Scripture they make but a jest In this place the Almighty and all good God would manifest to the Israelites their Levite when that they had God himselfe even present with them who upon all occasions appointed them holy Judges and worthy Commanders for the Wars would notwithstanding rather subject themselves to the disordered commandements of a vaine mutable man than to the secure protection of the omnipotent and immutable God Hee declares then unto them in what a slippery estate the King was placed and how easily unruly authority fell into disordered violence and Kingly power was turned into tyrannous wilfulnesse Seeing the King that he gave them would by preposterous violence draw the sword of authority against them and subject the equity of the lawes to his owne unjust desires and this mischief which they wilfully drew on themselves they would happily repent of when it would not be so easily remedied Briefly this Text doth not describe the right of Kings but what right they are accustomed to attribute to themselves not what by the priviledge of their places they may justly doe but what power for the satisfying of their owne lusts they unjustly usurp This will manifestly appeare from the 17. Chapter of Deuteronomy where God appoints a law for Kings Here saies Samuel the King will use his Subjects like slaves there God forbids the King to lift his heart above his brethren to wit over his Subjects whom he ought not to insult over but to cherish as his kinsmen Hee will make Chariots leavy horse-men and take the goods of private men saies Samuel on the contrary in Deutronomy he is exhorted not to multiply horse-men nor to heape up Deut. 17. gold and silver nor cause the people to returne into Aegypt to wit into bondage In Samuel we see pictured to the life wicked Ahab which 1 Kings 21. by pernitious meanes gets Naboths Vineyard there David who held it not lawfull to drinke that water which was purchased with 2 Sam. 23. 16. the danger of his Subjects lives Samuel fortels that the King demanded by the Israelites in stead of keeping the lawes would governe all according to his own fancie on the contrary God commands that his Law should by the Priests be delivered into the hands of the King to copie it out and to have it continually before his eyes Therefore Samuel being high Priest gave to Saul the royall law contained in the 17. of Deutronomy written into a book which certainly had been a frivolous act if the King were permitted to break it at his pleasure Briefly it is as much as if Samuel had said You have asked a King after the manner of other Nations the most of whom have Tyrants for their Governours You desire a King to distribute justice equally amongst you but many of them think all things lawfull which their owne appetites suggests unto them in the meane season you willingly shake off the Lord whose only will is equity and justice in the abstract In Heroditus there is a history which plainly expresses bow apt the royall governement is to degenerate into tyranny whereof Samuel so Herod l. 2. exactly forewarns the people Deioces much renowned for his justice was first chosen Judge amongst the Medes presently after to the end hee might the better represse those which would oppose justice he was chosen King and invested with convenient authority then he desired a guard after a Citadell to be built in Eebatana the principall Citie of the Kingdome with colour to secure him from conspiracies and machinations of Rebels which being effected he presently applies himselfe to revenge the least displeasures which were offered him with the greatest punishments Finally no man might presume to looke this King in the face and to laugh or cough in his
presence was punished with grievous torments So dangerous a thing it is to put into the hands of a weake mind as all mens are by nature unlimited power Samuel therefore teacheth not in that place that the authority of a King is absolute on the contrary hee discreetly admonisheth the people not to enthrall their liberty under the unnecessary yoake of a weak and unruly Master he doth not absolutely exclude the royall authority but would have it restrain'd within its own limits he doth not amplifie the Kings right with an unbridled and licentious liberty but rather tacitely perswades to put a bit into his mouth It seemes that this advice of Samuels was very beneficiall to the Israelites for that they circumspectly moderated the power of their Kings the which most Nations growne wise either by the experience of their own or their neighbours harmes have carefully looked unto as will plainly appear by that which follows We have shewed already that in the establishing of the King An alliance or covenant between the K. the people Deut. 17. 1 Sam. 10. 27. 2 Sam. 5. 3. there were two alliances or convenants contracted the first between God the King and the people of which wee have formerly treated the second between the King and the people of which wee must now say some-what After that Saul was established King the royall Law was givne him according to which he ought to governe David made a Covenant in Hebron before the Lord that is to say taking God for witnesse with all the ancients of Israel which represented the whole bodie of the people even then he was made King Joas 1 Chron. 11. 3. also by the mouth of Jehoiada the High Priest entered into Covenant with the whole people of the land in the house of the Lord And 2 King 11. 17. 12. 2 Chron. 23. 3. when the Crowne was set on his head together with it was the law of the Testimony put into his hand which most expounds to be the law of God likewise Josias promiseth to observe and keepe the Commandements Testimonies and Statutes comprized in the booke of 2 King 23. 3. the Covenant under which words are contained all which belongs to the duties both of the first and second Table of the law of God In all the before remembred places of the holy story it is ever said that a Covenant was made with all the people with all the multitude with all the Elders with all the men of Juda to the end that we might know as it is also fully expressed that not only the principals of the Tribes but also all the Milleniers Centurions and subalterne Magistrates should meete together each of them in the name and for their Townes and Communalties to covenant and contract with the King In this assembly was the creating of the King determined of for it was the people that made the King and not the King the people It is certain then that the people by way of stipulation require a performance of covenants the King promises it Now the condition of a Stipulator is in termes of law more worthy than of a promiser The people asketh the King whether he will govern justly and according to the lawes He promiseth he will Then the people answereth and not before that whilest he governes uprightly they will obey faithfully The King therefore promiseth simply and absolutely the people upon condition the which failing to be accomplished the people rest according to equity and reason quit from their promise In the first covenant or contract there is onely an obligation to piety in the second to justice In that the King promiseth to serve God religiously in this to rule the people justly By the one he is obliged with the utmost of his endeavours to procure the glory of God by the other the profit of the people In the first there is a condition expressed If thou keep my commandments in the second If thou distribute justice equally to every man God is the proper revenger of deficiency in the former and the whole people the lawfull punisher of delinquency in the latter or the Estates the representative body thereof who have assumed to themselves the protection of the people This hath been alwayes practised in all well-governed Estates Amongst the Persians after the due performance of holy Rites they contracted with Cyrus in manner following Thou O Cyrus in the first place shalt promise That if any make war Zenophon lib. 8. Paed. against the Persians or seek to infringe the liberty of the Lawes thou wilt with the utmost of thy power defend and protect this countrey Which having promised they presently adde And we Persians promise to be aiding to keep all men in obedience whilest thou defendest the countrey Zenophon calls this agreement A Confederation as also Isocrates calls that which he writ of the duties of subjects towards their Princes A Discourse of Confederation The alliance Zenoph in tract de repub Lacede or confederation was renewed every moneth between the Kings and Ephores of Sparta although those Kings were descended from the line of Hercules And as these Kings did solemnly swear to govern according to the Lawes so did the Ephores also to maintain them in their authority whilest they performed their promise Likewise in the Romane Kingdome there was an agreement between Romulus the Senate and the people in this manner That the people should make Lawes and the King looke they were kept The people should decree warre and the King should manage it Now although many Emperours rather by force and ambition than by any lawfull right were seas'd of the Roman Empire and by that which they call a Royall Law attributed to themselves an absolute authority notwithstanding by the fragments which remain both in books and in Roman Inscriptions of that Law it plainly appeares that power and authority was granted them to preserve and govern the Common-wealth not to ruine and oppresse it by tyranny Nay all good Emperours have ever professed that they held themselves tied to the Laws received the Empire from the Senate to whose determination they alwayes referred the most important affairs and esteemed it a great error without their advice to resolve on the occasions of the publick State If we take into our consideration the condition of the Empires Kingdomes and States of times there is not any of them worthy of those names where there is not some such covenant or confederacy between the people and the Prince It is not long since that in the Empire of Germany the King of the Romanes being ready to be crowned Emperour was bound to doe homage and make oath of Fealty to the Empire no more nor lesse than as the vassall is bound to doe to his Lord when he is invested with his fec Although the form of the words which he is to sweare have been somewhat altered by the Popes yet notwithstanding the substance still
observed in the Kingdomes of Portugall Leon and the rest of Spaine The lesser principallities have their institution grounded on the same right The contracts which the Brabancers and the rest of the Netherlanders together with those of Austria Carinthia and others had with La Joyeuse entreè their Princes were alwayes conditionall But especially the Brabancers to take away all occasion of dispute have this expresse condition which is that in the receiving of their Duke there is read in his presence the ancient Articles wherein is comprized that which is requisite for the publick good and thereunto is also added that if he doe not exactly and precisely observe them they may choose what other Lord it shall seeme good unto them the which they doe in expresse words protest unto him He having allowed and accepted of these Articles doth in that publick assemblie promise and solemnly sweare to keepe them The which was observed in the reception of Philip the second King of Spaine Ludovicus Guicciard in Discript Belgiae Briefly there is not any man can denie but that there is a contract mutually obligatorie between the King and the Subjects which requires the people to obey faithfully and the King to governe lawfully for the performance whereof the King sweares first and after the people I would aske here wherefore a man doth sweare if it be not to declare that what he delivers he sincerely intends from his heart Can any thing be judged more neere to the law of nature than to observe that which we approve Furthermore what is the reason L. 1. D. Acpact l. non minorum 20. D. de transact the King sweares first and at the instance and required by the people but to accept a condition either tacite or expressed Wherefore is there a condition opposed to the Contract if it be not that in fayling to performe the condition the contract according to law remaines voyde And if for want of satisfying the condition by right the contract is of no force who shall dare to call that people perjured which refuseth to obey a King which makes no account of his promise which he might and ought to have kept and wilfully breakes those lawes which he did sweare to observe On the contrary may we not rather esteeme such a King perfidious perjured and unworthy of his place For if the Law free the vassall Lib. 2. feudor tit 26. §. 24. tit 47. Dionys Halic lib. 2. from his Lord who dealt felloniously with him although that to speake properly the Lord sweareth not fealtie to his vassall but he to him if the Law of the twelve Tables doth detest and hold in execration the protector that defraudeth him that is under his tuition if the civill Law permit an infranchised servant to bring his action against his patron for any grievous usage if in such cases the same Law delivers the slave from the power of his Master although the obligation be naturall onely and not civill is it not much more reasonable that the people be loosed from that oath of alleageance which they have taken if the King who may be not unfitly resembled by an Atturney sworne to looke to his Clients cause first breake his oath solemnly taken And what if all these ceremonies solemne oaths nay sacramentall promises had never been taken Doth not nature her selfe sufficiently teach that Kings were on this condition ordained by the people that they should governe well Judges that they should distribute justice uprightly Captaines in the warre that they should lead their Armes against their enemies If on the contrary they themselves forrage and spoile their subjects and instead of governors become enemies as they leave indeed the true and essentiall qualities of a King so neither ought the people to acknowledge them for lawfull Princes But what if a people you will reply subdued by force be compeld Cicer. 1. Offic. by the King to take an oath of servitude And what if a robber pirate or tyrant I will answer with whom no bond of humane societie can be effectuall holding his dagger to your throate constraine you presently to become bound in a great sum of money Is it not an unquestionable Maxime in Law that a promise exacted by violence cannot binde especially if any thing be promised against common reason or the law of nature Is there any thing more repugnant to nature and reason than that a people should manicle and fetter themselves and to be obliged by promise to the Prince with their own hands and weapons to be their own executioners There is therefore a mutuall obligation between the King and the people which whether it be civill or naturall onely whether tacite or expressed in words it cannot by any meanes be annihilated nor by any Law be abrogated much lesse by force made voyde And this obligation is of such power that the Prince which wilfully violates it is a tyrant and the people which purposely breakes it may be justly termed seditious Hitherto we have treated of a King it now rests wee doe somewhat more fully describe a Tyrant Wee have shewed that he is a Who may truly be called tyrants King which lawfully governes a Kingdome either derived to him by succession or committed to him by Election It followes therefore that he is reputed a tyrant which as opposite to a King either Aristo lib. 5. polit c. 10. gaines a kingdome by violence or indirect meanes or being invested therewith by lawfull election or succession governes it not according to law and equitie or neglects those contracts and agreements Bartol in tract de tyrannide to the observation whereof he was strictly oblieged at his reception All which may very well occurre in one and the same person The first is commonly called a tyrant without title the second a tyrant by practise Now it may well so come to passe that he which possesseth himselfe of a kingdome by force to governe justly and he on whom it descends by a lawfull title to rule unjustly But for so much as a kingdome is rather a right than an inheritance and an office than a possession he seemes rather worthy the name of a tyrant which unworthily acquits himselfe of his charge than he which entered into his place by a wrong dore In the same sence is the Pope called an intruder which entered by indirect means into the papacy and he an abuser which goverâ—s il in it Pithagoras sayes That a worthy stranger is to be preferr'd before an unworthy Citizen yea though he be a Kinsman Let it be lawfull also for us to say that a Prince which gained his Principality by indirect courses provided hee governe according to law and administer justice equally is much to be preferred before him which carrieth himselfe tyrannously although hee were legally invested into his government with all the Ceremonies and Râ—tes thereunto appertaining For seeing that Kings were instituted to feede to judge
to cure the dâ—seases of the people Certainely I had rather that a Tâ—iefe shâ—uld feede me than a Shepherd devoure me I had rather receive justice from a Râ—bber than out-rage from a Judge I had better be healed by an Empirick than poysoned by a Doctâ—â— in Physicke It were much more profitable for me to have my estate carefully managed by an intruding Guardian than to have it wâ—sted and dissipated by one legally appointed And although it may be that ambition was his first solicitor to enter violently into the government yet may it perhaps appeare he affected it the rather to give testimonie of his equity and moderation Zenophon Plutaâ—chus in Alexand in Aemiâ—co Caesare Liv us lib. 1. Suâ—conius in Caesare c. 75. in governing witnesse Circus Alexander and the Romans which ordinarily accorded to those people they subdued permission to governe themselves according to their owne lawes customes and priviledges yea sometimes incorporated them into the body of their owne state on the contrary the Tyrant by practice seemes to extend the priviledge of his legall succession the better to execute violence and extortion as may be seene in these dayes not only by the examples of the Turkes and Moscovites but also in diverâ— Christian Princes therefore the act of one which at the first was ill is in some reasonable time rectified by justice whereas the other like an inveterate disease the elder it growes the worse it affects the Patient Now if according to the saying of Saint Augustine those kingdomes August in lib. 4. c. 4. de c. vi â—es where justice hath no place are but a rapsodie of free-booters they are in that both the Tyrant without title and he by practise alike for that they are both thieves both robbers and both unjust possessors as he certainly is no lesse an unjust detayner which takes another mans goods against the owners will than hee which employes it ill when it was taken before But the fault is without comparison much more greater of him which possesseth an estate for to ruine it than of the other which made himselfe Master of it to preserve it Briefely the Tyrant by practise vainely colouring his unjust extortions with the justice of his title is much more blameable then the Tyrant without title who recompenceth the violence of his first intrusion in a continued course of a legall and upright government But to proceed there may be observed some difference amongst Tyrants without title Tyrants without title For there are some which ambitiously invade their neighbours Countreyes to enlarge their owne as Nimrod Minus and the Canaanites have done Although such are term'd Kings by their owne people yet to those on whose confines they have encroached without any just right or occasion they will be accounted Tyrants There be others which having attained to the government of an elective Kingdome that endeavour by deceitfull meanes by corruption by present and other bad practises to make it become hereditary For witnesse whereof wee neede not make search into elder times these are worse than the former for so much as secret fraud as Cicero saith is ever more odious than open force There be also others which are so horribly wicked that they seeke to enthrall their own native Countrey like the viperous brood which goaw through the entralls of their mother as be those Generals of Armies created by the people who afterwards by the meanes of those forces make themselves masters of the State as Caesar at Rome under pretence of the Dictatorship and divers Princes of Italy There be women also which intrude themselves into the government of those kingdoms which the lawes only permit to the males and make themselves Queenes and Regents as Athalia did in Judab Semiramis in Assyria Agripina in the Roman Empire in the Reign of her sonne Nero Mammea in Alexander Severus his time Semiamira in Heliogabalusses and certaine Brunichildes in the kingdome of France who so educated their sonnes as the Queens of the house Medicis in these latter times during their minority that attaining to more maturity their only care was to glut themselves in pleasures and delights so that the whole management of affaires remain'd in the hands of their Mothers or of their Minions servants and Officers Those also are Tyrants without title who taking advantage of the floath weakenesse and dissolute courses of those Princes which are otherwise lawfully instituted and seeking to enwrap them in a sleepy dreame of voluptuous idlenesse as under the French Kings especially those of the Merovingian line some of the Mayres of the Palace have beene advanc'd to that dignity for such egregious services transferring into their owne command all the royall authority and leaving the King only the bare name All which Tyrants are certainly of this condition that if for the manner of their government they are not blameable Yet for so much as they entered into that jurisdiction by tyrannous intrusion they may justly be termed Tyrants without title Concerning Tyrants by practise it is not so easie to describe Tyrants by practise them as true Kings For reason rules the one and selfe-will the other the first prescribes bounds to his affections the second confines his desires within no limits what is the proper rights of Kings may be easily declared but the outragious insolencies of Tyrants cannot without much difficulty be express'd And as a right angle is uniforme and like to it selfe one and the fame so an oblique diversifies it selfe into various and sundry species In like manner is justice and equity simple and may be deciphered in few words but injustice and injury are divers and for their sundry accidents not to be so easily defin'd but that more will be omitted then express'd Now although there be certaine rules by which these Tyrants may be represented though not absolutely to the life yet notwithstanding there is not any more certaine than by conferring and comparing a Tyrants fraudulant sleights with a Kings vertuous actions A Tyrant lops off those eares which grow higher then the rest of the corne especially where vertue make them most conspicuously eminent oppresseth by calumnies and fraudulent practises the principall officers of the State gives out reports of intended conspiracies against himself that he might have some colourable pretext to cut them off witnesse Tiberius Maximinius others which spared not their own kinsmen cozens and brothers The King on the contrary doth not onely acknowledge his brothers to be as it were consorts unto him in the Empire But also holds in the place of brothers all the principall Officers of the Kingdom is not ashamed to confesse that of them inquality as deputed from the generall Estates he holds the Crown The tyrant advanceth above and in opposition to the ancient and worthy Nobility mean and unworthy persons to the end that these base sellowes being absolutely his creatures might applaud and apply themselves to the fulfilling of all his
loose and unruly desires The King maintains every man in his Rank honours and respects the Grandies as the Kingdomes friends desiring their good as well as his own The tyrant hates and suspects discreet and wise men and fears no opposition more than vertue as being conscious of his owne vitious courses and esteeming his owne security to consist principally in a generall corruption of all estates introduceth multiplicity of Tavernes Gaming-houses Maskes Stage-playes Brothel-houses and all other licencious superfluities that might effeminate and bastardize noble spirits as Cyrus did to weaken and subdue the Sardiens The King on the contrary allureth from all places honest and able men and encourageth them by pensions and honours and for seminaries of vertue erects Schooles and Universities in all convenient places A tyrant as much as in him lies prohibites or avoids all publick Machiavil in principe Assemblies feares Parliaments Diets and meâ—tings of the generall Estates flies the light affecting like the Bâ—t to converse onely in darknesse yea he is jealous of the very gesture countenance and discourse of his subjects The King because he converses alwayes as in the presence of Men and Angels glories in Arist lib. 5. c. 11. polit the multitude and sufficiency of his Councellors esteeming nothing well done which is ordered without their advice and is so farre from doubting or distasting the publick meeting of the generall Estates as he honours and respects those Assemblies with much favour and affection A tyrant nourisheth and feedeth factions and dissenâ—ions amongst his subjects ruines one by the help of another that he may the easier vanquish the remainder advantaging himselfe by this division like those dishonest Surgeons which lengthen out their cures Briefly after the manner of that abominable Vitellius he is not ashamed to say that the karkasse of a dead enemy especially a subjects yeelds a good savour On the contrary a good King endeavours alwayes to keep peace amongst his subjects as a father amongst his children choakes the seeds of troubles and quickly heals the scarre the execution even of justice upon rebels drawing teares from his compassionate eyes yea those whom a good King maintains and defends against a forrain enemy a tyrant the enemy of nature compels them to turn the points of their swords into their own proper intrails A tyrant fils his Garrisons with strange Souldiers builds Citadels against his subjects disarmes the people throwes down their forts makes himselfe formidable with guards of strangers or men onely fit for pâ—llage and spoyle gives pensions out of the publick Treasury to spies and calumniating informers disperst through all Cities and Provinces Contrariwise a King reposeth more his safety 1. vi lib. 2 c. 1. Dionys â—â—aiâ—â— l. 5. de Arunte filio Porsennae in the love of his subjects than in the strength of his Fortresses against his enemies taking no care to inroll Souldiers but accounts every subject as a man at arms to guard him builds forts to restrain the irruptions of forraine enemies and not to constrain his subjects to obedience in whose fidelity he putteth his greatest confidence Therefore it is that tyrants although they have such numberlesse guards about them to drive off throngs of Prov. 14. 28. people from approaching them yet cannot all those numbers secure them from doubts jealousies and distrusts which continually afflict and terrifie their timerous consciencese yea in the middest of their greatest strength the tyrannizer of tyrants fear mamaketh prize of their souls and there triumphs in their affliction A good King in the greatest concourse of people is freest from Bartol in tract de tyrannide doubts or fears nor troubled with solicitous distrusts in his solitary retirements all places are equally secure unto him his own conscience being his best guard If a tyrant want civill broyles to exercise his cruell disposition in he makes warres abroad erects idle and needlesse trophees to continually imploy his tributaries that they might want leasure to think on other things as Pharaoh did the Jews and Polierates the Samiens therefore he alwayes Aâ—gid Rom. de reg prin prepares for or threatens war or at least seemes so to doe and so stil rather draws mischief on than puts it further off A King never makes war but compeld unto it and for the preservation of Cicero de offic lib. 1. the publick he never desires to purchase advantage by treason he never entreth into any war that exposeth the Common-wealth to more danger than it affordeth probable hope of commodity A Tyrant leaves no designe unattempted by which he may fleece his Subjects of their substance and turne it to his proper benefit that being continually troubled in gaining meanes to live they may have no leasure nor hope how to regaine their liberty On the contrary the King knowes that every good Subjects purse will be ready to supply the Common-wealths occasion and therefore believes he is possest of no small treasure whilst through his good governement his Subjects flow in all aboundance A Tyrant extorts unjustly from many to cast prodigally upon two or three Minions and those unworthy hee imposeth on all and exacteth from all to furnish their superfluous and riotous expences he builds his owne and followers fortunes on the ruines of the publique he drawes out the peoples blood by the veines of their means and gives it presently to carouse to his Court-leeches But a King cuts off from his ordinary expences to ease the peoples necessities neglecteth his private state and furnisheth with all magnificence the publique occasions briefely is prodigall of his owne blood to defend and maintain the people committed to his care If a Tyrant as heretofore Tiberius Nero Commodus and others did suffer his Subjects to have some breathing time from unreasonable exactions and like spunges to gather some moysture it is but to squeese them out afterwards to his owne use on the contrary if a King doe sometimes open a vaine and draw some blood it is for the peoples good and not to be expended at his own pleasure in any dissolute courses And therefore as the holy Scripture compares the one to a Shepheard so doth it also resemble the other to a roaring Prov. 8. 15. Lion to whom notwithstanding the Foxe is oftentimes coupled For a Tyrant as saies Cice is culpable in effect of the greatest injustice that Cicer. de offic lib. 1. may be imagined and yet he carrieth it so cunningly that when hee most deceives it is then that hee maketh greatest appearance to deale sincerely And therefore doth hee artificially counterfeit Religion and devotion wherein saith Aristotle hee expresseth one of the most absolute Arist lib. 5. polit c. 11. subtleties that Tyrants can possibly practise hee doth so compose his countenance to piety by that meanes to terrifie the people from conspiring against him who they may well imagine to be especially favoured of God expressing in all appearance so
reverently to serve him He fains also to be exceedingly affected to the publique good not so much for the love of it as for feare of his owne safety Furthermore he desires much to be esteemed just and loyall in some affaires purposely to deceive and betray more easily in matters of greater consequence much like those thieves which maintaine themselves by thefts and robberies cannot yet long subsist in their trade without exercising some parcell of justice in their proceedings Hee also counterfeits the mercifull but it is in pardoning of such malefactors in punishing whereof he might more truly gaine the reputation of a pittifull Prince To speake in a word that which the true King is the Tyrant would seeme to be and knowing that men are wonderfully attracted with and inamoured of vertue hee endeavours with much subtilty to make his vices appeare yet masked with some shadow of vertue but let him counterfeit never so cunningly still the Fox will be known by his taile and although he fawne and flatter like a Spannell yet his snarling and grinning will ever bewray his currish kind Furthermore as a well-ordered Monarchy partakes of the principall Tho. Aquin. in secund secund q. 12. aâ—t 11. commodities of all other governements So on the contrary where tiranny prevailes there all the discommodities of confusion are frequent A Monarchy hath in this conformity with an Aristocraty that the most able and discreet are called to consultations Tiranny and Oligarchy accord in this that their counsels are composed of the worst and most corrupted And as in the Councell Royall there may in a fort seeme many Kings to have interests in the government so in the other on the contrary a multitude of Tyrants alwayes domineers The Monarchy borrowes of the popular government the assemblies of the Estates whither are sent for Deputies the most sufficient of Cities and Provinces to deliberate of and determine matters of State the tiranny takes this of the Ochlocracie that if shee be not able to hinder the convocation of the Estates yet will she endeavour by factious subtilties and pernicious practices that the greatest enemies of Order and Reformation of the State be sent to those Assemblies the which we have known practised in our times In this manner assumes the Tyrant the countenance of a King and tyranny the semblance of a Kingdome and the continuance succeeds commonly according to the dexterity wherewith it is managed yet as Aristotle says we shal hardly reade of any tyranny that hath out-lasted a hundred yearee briefely the King principally regards the publique utility and a Tyrants chiefest care is for his private commodity But seeing the condition of men is such that a King is with much difficulty to be found that in all his actions only agreeth at the publique good and yet cannot long subsist without expression of some speciall care thereof we will conclude that where the Common-wealths advantage is most preferr'd there is both a lawfull King and Kingdome and where particular designes and private ends prevaile against the publique profit there questionlesse is a Tyrant and tiranny Thus much concerning Tyrants by practise in the examining whereof wee have not altogether fixed our discourse on the loose disorders of their wicked and licentious lives a Bartol in tract de tiranct de regim Civt which some say is the character of a bad man but not alwayes of a bad Prince If therefore the Reader be not satisfied with this description besides the more exact representations of Tyrants which he shall finde in histories he may in these our dayes behold an absolute modell of many living and breathing Tyrants whereof Aristotle in his time did much complaine Now at the last we are come as it were by degrees to the chiefe and principall point of the question We have seene how that Kings b To whom it belongs to resist suppresse TyraÌ„ts without title have beene chosen by God either with relation to their Families or their persons only and after installed by the people In like manner what is the duty of the King and of the Officers of the Kingdome how farre the authority power and duty both of the one the other extends and what and how sacred are the Covenants and contracts which are made at the inauguration of Kings and what conditions are intermixt both tacite and express'd finally who is a Tyrant without title and who by practise seeing it is a thing unquestionable that we are bound to obey a lawfull King which both to God and people carrieth himselfe according to those Covenants whereunto he stands obliged as it were to God himselfe seeing in a fort he represents his divine Majestie It now followes that we treate how and by whom a Tyrant may be lawfully resisted and who are the persons that ought to be chiefely actors therein and what course is to be held that the action may be managed according to right and reason we must first speak of him which is commonly called a Tyrant without title Let us suppose then that some Ninus having neither received outrage nor offence invades a people over whom he hath no colour of pretension that Caesar seekes to oppresse his Countrey c Otto Frising Chron. l. 3. c. 7. and the Roman Common-wealth that Popiclus endeavours by murthers and treasons to make the elective Kingdome of Polonia to become hereditary to him and his posterity or some Brunichilde drawes 〈◊〉 lib. â— c. 1. 〈◊〉 Tâ—uâ—on lib. 4. c. 51. lib. 5. c. 1â— lib. 8. c. 29. to her selfe and her Protadius the absolute government of France or Ebroinus taking advantage of Theodericks weaknesse and idlenesse gaineth the intire administration of the State and oppresseth the people what shall be our lawfull refuge herein First The law of nature teacheth and commandeth us to maintaine and defend our lives and liberties without which life is scant worth the enjoying against all injury and violence Nature hath imprinted this by instinct in Dogs against Wolves in Buls against Lions betwixt Pigeons and Spar hawkes betwixt Pullen and Kites and yet much more in man against man himselfe if man become a beast and therefore he which questions the lawfulnesse of defending ones selfe doth as much as in him lies question the law of nature To this must be added the law of Nations which distinguisheth possessions and Dominions fixes limits and makes our confiâ—â—s which every man is bound to defend against all invaders And therefore it is no lesse lawfull to resist Alexander the great it without any right or being justly provoked he invades a Countrey with a mighty Navy as well as Diomedes the Pirate which scoures the Seas in a small vessell For in this case Alexanders right is no more than Diâ—medes his but only hee hath more power to doe wrong and not so easily to be compeld to reason as the other Briefely one may as well oppose Alexander in pillaging a Country as a Theefe in
for it may often times chance that the medicine proves more dangerous than the disease Therefore it becomes wise men to try all wayes before they come to blowes to use all other remedies before they suffer the sword to decide the controversie If then those which represent the body of the people foresee any iunovation or machination against the State or that it be already imbarked into a course of perdition their duty is first to admonish the Prince and not to attend that the disease by accâ—ssion of time and accidents becomes unrecoverable For tyranny may be properly resembled unto a Feaver Hectick the which at the first is easie to be cured but with much difficulty to be known but after it is sufficiently known it becomes uncurable Therefore small beginnings are to be carefully observed and by those whom it concernes diligently prevented If the Prince therefore persist in his violent courses and contemne frequent admonitions addressing his designes onely to that end that he may oppresse at his pleasure and effect his own desires without feare or restraint he then doubtlesse makes himself liable to that detested crime of Tyranny and whatsoever either the law or lawfull authority permits against a tyrant may be lawfully practised against him Tyrany is not onely a will but the chiefe and as it were the complement and abstract of vices A Tyrant subverts the State pillages the people layes stratagems to intrap their lives breaks promise with all scoffes at the sacred obligation of a solemne oath and therefore is he so much more vile than the vilest of usuall malefactors by how much offences comitted against a generality are worthy of greater punishment than those which concern onely particular and private persons If Theeves and those that commit sacriledge be declared infamous nay if they justly suffer corporall punishment by death can we invent any that may be worthily equivalent for so outragious a crime Furthermore we have already proved that all Kings receive their Royall authority from the people that the whole people considered in one body is above and greater than the King and that the King and Emperour are onely the prime and supreme governours and ministers of the Kingdome and Empire but the people the absolute Lord and owner thereof It therefore necessarily followes that a tyrant is in the same manner guilty of rebellion against the Majesty of the people as the Lord of a see which felloniously transgresse the conditions of his investitutes is liable to the same punishment yea and certainly deserves much more greater than the equity of those lawes inflict on the delinquents Therefore as Barclus sayes He may either be deposed by In tract de tyran in tract de Regim civit those which are Lords in Soveraignty over him or else justly punished according to the Law Julia which codemnes those which offer violence to the publick The body of the people must needs be the Soveraigne of those which represent it which in some places are the Electors Palatines Peeres in other the Assembly of the generall Estates And if the tyranny have gotten such sure footing as there is no other meanes but force to remove him then is it lawful for them to call the people to Arms to inroll and raise forces and to imploy the utmost of their power and use against him all advantages and stratagems of warre as against the enemy of the Common-wealth and the disturber of the publick peace Briefly the same sentence may be justly pronounced against him as was against Manlius Capitolinus at Rome Valerius lib. 6. c. 3. Thou wast to me Manlius when thou didst tumble down the Ganles that sealed the Capitole But since thou art now become an enemy like one of them thou shalt be precipitated down from the same place from whence thou formerly tumbledst those enemies The Officers of the Kingdome cannot for this be rightly taxed of sedition for in a sedition there must necessarily concurre but two parts or sides the which peremptorily contest together so that it is necessary that the one be in the right and the other in the wrong That partundoubtedly hath the right on their side which defends the Lawes and strives to advance the publick profit Bart. in tract de Guclph Gibell arg l. 3. Sect. cum igitur D. de vi vior of the Kingdome And those on the contrary are questionlesse in the wrong which breake the Lawes and protect those that violate justice and oppresse the Common-wealth Those are certainly in the right way as saith Bartolus which endeavour to suppresse tyrannicall government and those in the wrong which oppose lawfull authority And that must ever be accounted just which is intended only for the publique benefit and that unjust which aimes chiefly at private commodity Wherefore Thomas Aquinas Tho. Aquin. sâ—c sâ—cand q. 12 â—â—t 11. in sâ—re saith That a tyrannicall rule having no proper addresse for the publique welfare but only to satisfie a private will with increase of particular profit to the ruler cannot in any reasonable construction be accounted lawfull and therefore the disturbance of such a government cannot be esteemed seditious much lesse traytors for that offence hath proper relation only to a lawfull Prince who indeed is an inanimated â—â—â—â— D. ad leg 〈◊〉 jâ—st or speaking law therefore seeing that he which employes the utmost of his meanes and power to annihilate the lawes and quell their vertue and vigour can no wayes be justly intitled therewith â— â—c pâ—â—ad 4. So neither likewise can those which oppose and take armes against him be branded with so notorious a crime Also this offence is committed against the Common wealth but for so much as the Common-wealth is there only where the lawes are in force and not where a Tyrant devoures the State at his owne pleasure and liking he certainly is quit of that crime which ruines the Majesty of the publique State and those questionlesse are worthily protectors and preservers of the Common-wealth who confident in the lawsulness of their authority and summoned thereunto by their duty do couragiously resist the unjust proceedings of the Tyrant And in this their action wee must not esteeme them as private men and Subjects but as the representative body of the people yea and as the Soveraignty it selfe which demands of his Minister an account of his administration Neither can we in any good reason account the Officers of the Kingdome disloyall who in this manner acquit themselves of their charge There is ever and in all places a mutuall and reciprocall obligation betweene the people and the Prince the one promiseth to be a good and wise Prince the other to obey faithfully provided he govern justly The people therefore is obliged to the Prince under condition the Prince to the people simply and purely Therefore if the Prince faile in his promise the people is exempt from obedience the contract is made void the right of
people in the generall Assembly of the States he grew insolent and relying on the counsell of his Minions arrogantly threatens to lay beavier burthens on them hereafter No man can doubt but that according to the tenour of the contract first passed betweene the King and the people the prime and principall Officers of the Kingdome had authority to represse such insolence They were only blameable in this that they did that by faction and division which should more properly have beene done in the generall Assembly of the States in like manner in that they transferred the Scepter from Juda which was by God onely confin'd to that Tribe into another linage and also as it chances in other affaires for that they did ill and disorderly manage a just and lawfull cause Prophane histories are full of such examples in other Kingdomes Brutus Generall of the Souldiers and Lueretius Governour of the Citie of Rome assemble the people against Tarquinius Superbus Titus Livi. lib. 1. and by their authority thrust him from the royall Throne Nay which is more his goods are confiscated whereby it appeares that if Tarquinius had beene apprehended undoubtedly hee should have beene according to the publique lawes corporally punished The true causes why Tarquinius was deposed were because he altered the custome whereby the King was obliged to advise with the Senaâ—e on all weighty affaires that he made Warre and Peace according to his owne fancie that he treated confederacles without demanding counsell or consent from the people or Senate that he violated the Lawes whereof he was made Guardian briefly that he made no reckoning to observe the contracts agreed between the former Kings and the Nobility and people of Rome For the Roman Emperours I am sure you remember the sentence pronounced by the Senate against Nero wherein he was judged enemie to the Common-wealth and his body condemned to be ignominiously cast on the dung-hill and that other pronounced against Vitellius which adjudge him to be shamefully dis-membred and in that miserable estate trayled through the Citie and at last put to death another against Maximinius who was dispoild of the Empire and Maximus and Albinus established in his place by the Senace There might also be added many others drawne from unquestionable Historians The Emperour Trajan held not himselfe exempt from lawes neither desired he to be spared if he became a Tyrant for in delivering the Sword unto the great Provost of the Empire he sayes unto him If I command as I should use this sword for mee but if I doe otherwayes unsheath it against me In like manner the French by the authority of the States and solicited thereunto by the Officers of the Kingdome deposed Childerick the first Sigisbert Theodoricke and Childericke the third for their tyrannies and chose others of another Family to sit on the Royall Throne Yea they deposed some because of their idlenesse and want of judgment who exposed the State in prey to Panders Curtesans Flatterers and such other unworthy mushromes of the Court who governed all things at their pleasure taking from such rash Phaetous the bridle of government left the whole body of the State and people should be consumed through their unadvised folly Amongst others Theodoret was degraded because of Ebroinus Dagobert for Plectude and Thiband his Pander with some others the Estates esteeming the command of an effeminate Prince as insupportable as that of a woman and as unwillingly supporting the yoke of tyrannous Ministers managing affaires in the name of a loose and unworthy Prince as the burden of a tyrant alone To be briefe no more suffering themselves to be governed by one possessed by a Devill than they would by the Devill himselfe It is not very long since the Estates compeld Lewis the eleventh a Prince as subtile and it may be as wilfull as any to receive thirtie six Overseers by whose advise he was bound to governe the affaires of State The descendants from Charlemaine substituted in the place of the Merovingiens for the government of the kingdome or those of Capet supplanting the Charlemains by order of the Estates and raigning at this day have no other nor better right to the Crowne than what wee have formerly described and it hath ever been according to Law permitted the whole body of the people represented by the counsell of the Kingdome which are commonly called the Assembly of the States to depose and establish Princes according to the necessities of the Common-wealth According to the same rule wee reade that Adolph was removed from the Empire of Germany Anno 1296. because for covetousnesse without Anno 1296. any just occasion he invaded the Kingdome of France in favour of the English and Wenceslaus was also deposed in the yeare of our Lord 1400. Yet were not these Princes exceeding bad ones 1400. but of the number of those which are accounted lesse ill Elizabeth the wife of Edward the second King of England assembled the Parliament Froisard li. 1. cap. 1. against her husband who was there deposed both because he tyrannized in generall over his Subjects as also for that he cut Reade the manner of the deposing of Richard the second off the heads of many noble men without any just or legall proceeding It is not long since Christierne lost the Crowne of Denmarke Henry that of Sweden Mary Steward that of Scotland for the same or neere resembling occasions and the most worthy Histories relate divers alterations and changes which have hapned in like manner in the Kingdomes of Polonia Hungarie Spaine Portugall Bohemia and others But what shall we say of the Pope himselfe It is generally held Ant de But. confil quod positum est inter consil Paul de Castro vel antiq nu 412. incip viso puncto that the Cardinalls because they doe elect him or if they fayle in their dutie the Patriarkas which are next in ranke to them may upon certaine occasions maugre the Pope call a Councell yea and in it judge him As when by some notorious offence he scandalizeth the universall Church if he be incorrigible if reformation be as necessary in the head as the members if contrary to his oath he refuse to call a generall Councell And we reade for certaine that Mar. Laudâ—ns in tract de Card. 1. l. 2. q. 35. Phâ—lip Deciâ—s in quodan co â—iâ—o cujus verbs suerunt Andr. Bâ—â—h in d. conâ—â— 1. lib. 1. 〈◊〉 6. 〈…〉 de major obed divers Popes have been deposed by generall Councells But if they obstinately abuse their authoritie there must saith Baldus first be used verball admonitions secondly herball medicamentâ— or remedies thirdly stones or compulsion for where vertue and faire meanes have not power to perswade there force and terror must be put in ure to compell Now if according to the opinions of most of the learned by decrees of Councels and by custome in like occasions it plainly appeares that the Councell may depose the Pâ—pe
portion of the Kingdome as Dukes Marquisses Earles Sheriffes Mayors and the rest are bound by the dutie of their place to succour the Common-wealth and to free it from the burden of Tyrants according to the ranke and place which they hold of the people next after the King The first ought to deliver the whole Kingdome from tyrannous oppression the other as tutors that part of the Kingdome whose protection they have undertaken the dutie of the former is to suppresse the Tyrant that of the latter to drive him from their confines Wherefore Mattathias being a principall man in the State when some basely connived others pernitiously consorted with Antiochus the tyrannous oppressors of the Jewish Kingdome he couragiously opposing the manifest oppression both of Church and State incourageth 1 Machab. 3. 43. the people to the taking of Armes with these words Let us restore the decayed estate of our people and let us fight for our people and for the Sanctuarie Whereby it plainly appeares that not for Religion onely but even for our Countrey and our possessions wee may fight and take armes against a tyrant as this Antiochus was For the Machabites are not by any questioned or reprehended for conquering the Kingdome and expelling the tyrant but in that they attributed to themselves the royall dignitie which onely belonged by Gods speciall appointment to the tribe of Juda. Humane Histories are frequently stored with examples of this Justin lib. 1. Diodor. lib. 2. cap. 37. kinde Arbactus Governour of the Medes killed effeminate Sardanapalus spinning amongst women and sportingly distributing all the treasures of the Kingdome amongst those his loose companions Vindex and Galba quit the partie of Nero yea though the Senate connived and in a sort supported his tyrannie and drew with them Gallia and Spaine being the Provinces whereof they were Governours But amongst all the Decree of the Senate of Sparta is most notable and ought to passe as an undeniable Maxime amongst all Nations The Spartans being Lords of the City Bizantium sent Olearchus thither for Governour and Commander for the warres who took Corn from the Citizens and distributed it to his Souldiers In the mean time the families of the Citizens died for hunger Anaxilaus a principall man of the Citie disdaining that tyrannous usage entred into treaty with Alcibiades to deliver up the Town who shortly after was received into it Anaxilaus being accused at Sparta for the delivery of Bizantium pleaded his cause himselfe and was there acquit by the Judges for said they warres are to be made with enemies and not with Nature Nothing being more repugnant to Nature than that those which are bound to defend a City should be more cruell to the inhabitants than their enemies that besiege them This was the opinion of the Lacedemonians certainly just Rulers Neither can he be accounted a just King which approves not this sentence of absolution for those which desire to govern according to the due proportion of equity and reason take into consideration as well what the Law inflicts on tyrants as also what are the proper rights and bounds both of the Patritian and Plebeian orders But we must yet proceed a little further There is not so mean a Mariner but must be ready to prevent the ship-wrack of the vessell when either the negligence or wilsulnesse of the Pilot casts it into danger Every Magistrate is bound to relieve and as much as in him lies to redresse the miseries of the Common-wealth if he shall see the Prince or the principall Officers of State his associates by their weaknesse or wickednesse to hazard the ruine thereof Briefly he must either free the whole kingdome or at least that portion especially recommended to his care from their imminent and incroaching tyranny But hath this duty proper relation to every one Shall it be permitted to Hendonius Sabinus to Ennus Suranus or to the Fencer Spartanus or to be briefe to a meere private person to present the bonnet to slaves put Armes into the hand of subjects or to joyn battell with the prince although he oppresse the people with tyranny No certainly The Common wealth was not given in charge to particular persons considered one by one but on the contrary particulars even as Papists are recommended to the care of the principall Officers and Magistrates and therefore they are not bound to defend the Common-wealth which cannot defend themselves God nor the people have not put the sword into the L. 2. de Sediâ—â—â—sis hands of particular persons Therefore if without commandment they draw the sword they are seditions although the cause seem never so just Furthermore the prince is not establisht by private and particular persons but by all in generall considered in one intire body whereupon it followes that they are bound to attend the commandment of all to wit of those which are the representative body of a kingdom or of a Province or of a Citie or at the least of some one of them before they undertake any thing against the prince For as a pupill cannot bring an action but being avowd L. 8. l. 9. D. de aucto constict cur in the name of his Tutor although the pupill be indeed the true proprietor of the estate and the tutor onely owner with reference to the charge committed unto him so likewise the people may not enterprise actions of such nature but by the command of those into whose hands they have refigned their power and authority whether they be ordinary Magistrates or extraordinary created in the Assembly of the Estates whom if I may so say for that purpose they have girded with their sword and invested with authority both to govern and defend them establisht in the same kind as the Pretor at Rome who determined Sencea lib. 1. de Benefic all differences between masters and their servants to the end that if any controversie happened between the King and the subjects they should be Judges and preservers of the right lest the subjects should assume power to themselves to be judges in their own causes And therefore if they were opprest with tributes and unreasonable imposts if any thing were attempted contrary to covenant and oath and no Magistrate opposed those unjust proceedings they must rest quiet and suppose that many times the best Physitians both to prevent and cure some grievous disease do appoint both letting blood evacuation of humors lancing of the flesh and that the affaires of this world are of that nature that with much difficulty one evill cannot be remedied without the adventuring if not the suffering of another nor any good be atchieved without great pains They have the example of the people of Israel who during the reigne of Solomon refused not to pay those excessive taxes imposed on them both for the building of the Temple and fortifying of the Kingdome because by a generall consent they were granted for the promulgation of the glory of God and
for an ornament and desence of the publick State They have also the example of our Lord and Saviour Jesus Christ who though he were King of Kings notwithstanding because he conversed in this world in another quality to wit o a private and particular man paid willingly tribute If the Magistrates themselves manifestly favour the tyranny or at the least doe not formally oppose it let private men remember the saying of Job That for the sinnes of the people God permits bypocrites Iob. 34. to reigne whom it is impossible either to convert or subvert if men repent not of their wayes to walk in obedience to Gods commandments so that there is no other weapons to be used but bended knees and humble hearts Briefly let them bear with bad princes and pray for better perswading themselves that an outragious tyranny is to be supported as patiently as some exceeding dammage done by the violence of tempests or some excessive over-flowing waters or some such naturall accidents unto the fruits of the earth if they like not better to change their habitations by retiring themselves into some other countries So David fled into the mountaines and attempted nothing against the Tyrant Saul because the people had not declared him any publick Magistrate of the Kingdome Jesus Christ whose kingdome was not of this world fled into Egypt and so freed himselfe from the pawes of the Tyrant Saint Paul teaching of the duty of particular Christian men and not Rom. 13. of Magistrates teacheth that Nero must be obeyed But if all the principall Officers of State or divers of them or but one endeavour to suppresse a manifest tyranny or if a Magistrate seek to free that province or portion of the kingdome from oppression which is committed to his care and custody provided under colour of freedome he bring not in a new tyranny then must all men with joynt courage and alacrity run to Armes and take part with him or them and assist with body and goods as if God himselfe from heaven had proclaimed warres and meant to joyn battell against tyrants and by all wayes and means endevour to deliver their Counâ—rey and Common-wealth from their tyrannous oppression For as God doth oftentimes chastise a people by the cruelty of tyrants so also doth he many times punish tyrants by the hands of the people It being a most true saying Ecclus 10. verified in all ages For the iniquities violences and wickednesses of Princes Kingdomes are translated from one Nation to another but tyranny was never of any durable continuance The Centurians and men at armes did freely and couragiously execute the commandments of the High Priest Jehoiada in suppressing the tyranny of Athalia In like manner all the faithfull and generous Israelites tooke part and joyned with the Machabites as well to re-establish the true service of God as also to free and deliver the State from the wicked and unjust oppression of Antiochus and God blessed with happy successe their just and commendable enterprize What then cannot God when he pleaseth stirre up particular and private persons to ruine a mighty and powerfull tyranny Hee that gives power and ability to some even out of the dust without any title or colourable pretext of lawfull authority to rise to the height of rule and dominion and in it tyrannize and afflict the people for their transgressions cannot he also even from the meanest multitude raise a liberator Hee which enthral'd and subjected the people of Israel to Jabin and to Eglon did hee not deliver enfranchise them by the hand of Ebud Barac and Debora whilst the Magistrates Officers were dead in a dul negligent extasie of security What then shall hinder you may say the same God who in these dayes sends us Tyrants to correct us that he may not also extraordinarily send correctors of tyrants to deliver us What if Adab cut off good men if Jezabel subborn false witnesses against Naboth may not a Jehu be rais'd to exterminate the whole line of Arab to revenge the death of Naboth and to cast the body of Jezabel to be torne and devoured of dogs Certainly as I have formerly answered the Almighty is ever mindfull of his justice and maintains it as inviolably as his mercy But for as much as in these latter times those miraculous testimonies by which God was wont to confirme the extraordinary vocation of those famous Worthies are now wanting for the most part let the people be advis'd that in seeking to crosse the Sea dry foote they take not some Impostor for their guide that may lead them head-long to destruction as we may read happened to the Jewes and that in seeking freedome from tyranny he that was the principall instrument to dis-inthrall them became not himselfe a more insupportable Tyrant than the former briefly lest endeavouring to advantage the Common-wealth they introduce not a common misery upon all the undertakers participating therein with divers States of Italy who seeking to suppresse the present evill added an accession of greater and more intollerable servitude Finally that we may come to some period of this third question Princes are chosen by God and establisht by the people As all particulars considered one by one are inferiour to the Prince so the whole body of the people and Officers of State which represent that body are the Princes superiours In the receiving and inauguration of a Prince there are Covenants and contracts passed between him and the people which are tacite and expressed naturall or civill to wit to obey him faithfully whilst he commands justly that he serving the Common-wealth all men shal serve him that whilst he governs according to law all shall be submitted to his government c. The Officers of the Kingdome are the Guardians and Protectors of these Covenants and contracts He that maliciously or wilfully violates these conditions is questionlesse a Tyrant by practice And therefore the Officers of State may judge him according to the lawes and if he support his tyranny by strong hands their duty bindes them when by no other meanes it can be effected by force of armes to suppresse him Of these Officers there be two kindes those which have generally undertaken the protection of the Kingdome as the Constable Marshalls Peers Palatines and the rest every one of which although all the rest doe either connive or consort with the tyranny are bound to oppose and represse the Tyrant and those which have undertaken the government of any Province Citie or part of the Kingdome as Dukes Marquesses Earles Consuls Mayors Sheriffes c. they may according to right expell and drive tyranny and Tyrants from their Cities Confines and governments But particular and private persons may not unsheath the sword against Tyrants by practise because they were not establisht by particulars but by the whole body of the people But for Tyrants which without title intrude themselves for so much as there is no contract or agreement
by his humble and ardent prayers to God to desire the restoring of the Church So likewise are the Magistrates tied diligently to procure the same with the utmost of their power and meanes which God hath put into their hands For the Church of Ephesus is no other than that of Colossus but these two are portions of the universall Church which is the kingdome of Christ the encrease and prosperity whereof ought to be the continuall subject of all private mens prayers and desires but it is the duty of all Kings Princes and Magistrates not only to amplifie and extend the limits and bounds of the Church in all places but only to preserve and defend it against all men whatsoever Wherefore there was but one Temple in Judea built by Solomon which represented the unitie of the Church And therefore ridiculous and worthy of punishment were that Church-warden which had care onely of some small part of the Church and suffered all the rest to be spoiled with raine and weather In like manner all Christian Kings when they receive the sword on the day of their Coronation solemnly sweare to maintaine the Catholick or universall Church and the ceremony then used doth fully expresse it for holding the sword in their hands they turne to the East West North and South and brandish it to the end that it may be knowne that no part of the world is excepted As by this ceremony they assume the protection of the Church it must be questionlesse understood of the true Church and not of the false therefore ought they to imploy the utmost of their abilitie to reforme and wholly to restore that which they hold to be the pure and truely Christian Church to wit ordered and governed according to the direction of the Word of God That this was the practise of godly Princes we have their examples to instruct us In the time of Ezechias King of Juda the Kingdome of Israel had been a long time 2 Chron 30. before in subjection to the Assyrians to wit ever since the King Osea his time And therefore if the Church of Juda onely and not the whole universall Church had been committed to the custodie of Exechias and if in the preservation of the Church the same course were to be held as in the dividing of lands and imposing of tributes then questionlesse Ezechias would have contained himselfe within his own limits especially then when the exorbitant power of the Assyrians lorded it every where Now wee reade that he sent expresse Messengers throughout Israel to wit to the subjects of the King of Assyria to invite them to come to Jerusalem to celebrate the paschall feast yea and he ayded the faithfull Israelites of the tribes of Ephraim and Manasses and others the subjects of the Assyrians to ruine the high places which were in their quarters Wee reade also that the good King Josias expeld Idolatry noâ— 2 Kings 22. 2 Chron. 34. 35. onely out of his own Kingdome but also even out of the Kingdome of Israel which was then wholly in subjection to the King of Assyria And no marvell for where the glory of God and the kingdome of Christ are in question there no bounds or limits can confine the zeale and fervent affection of pious and godly Princes Though the opposition be great and the power of the opposâ—rs greater yet the more they feare God the lesse they will feare men These generous examples of divers godly Princes have since been imitated by sundry Christian Kings by whose meanes the Church which was heretofore restrained within the narrow limits of Palestine hath been since dilated throughout the universall world Constantine and Licinius governed the Empire together the one in the Orient the other in the Occident they were associates of equall power and authoritie And amongst equalls as the Proverb is there is no Par in parem non babet imperium command Notwithstanding because Licinius doth every where banish torment and put to death the Christians and amongst them divers of the nobilitie and that for and under pretence of Religion Constantine makes warre against him and by force compels him to give free libertie of Religion to the Christians and because he broke his faith and relapsed into his former cruelties he caused him to be apprehended and put to death in the Citie of Thessalonica This Emperours pietie was with so great an applause celebrated by the Divines of those times that they suppose that saying in the Prophet Isaiah to be meant by him That Kings shall be Pastors and nursing Fathers of the Church After his death the Roman Empire was divided equally between his sonnes without advantaging the one more than the other Constans favoured the orthodox Christians Constantius being the elder learned to the Arrians and for that cause banished the learned Athanasius from Alexandria the greatest professed adversary of the Arrians Certianly if any consideration in matter of confines be absolutely requisite it must needs be amongst brethren And notwithstanding Constant threatens to warre on his brother if he restore not Athanasius and had without doubt performed it if the other had long deserred the accomplishment of his desire And if he proceeded so farre for the restitution of one Bishop had it not been much more likely and reasonable for him to have assisted a good part of the people if they implored his ayde against the tyranny of those that refused them the exercise of their Religion under the authoritie of their Magistrates and Governours So at the perswasion of Atticus the Sozo lib. 7. cap. 18. Bishop Theodisius made warre on Cosroes King of Persia to deliver the Christians of his Kingdome from persecution although they were but particular and private persons Which certainly those most just Princes who instituted so many worthy Lawes and had so great and speciall care of justice would not have done if by that fact they had supposed any thing were usurpt on another mans right oâ—â—he Law of Nations violated But to what end were so many expeditions undertaken by Christian Princes into the holy Land against the Saracens Wherefore were demanded and raised so many of those Saladine tenths To what purpose were so many confederacies made and croysadoes proclaimed against the Turkes if it were not lawfull for Christian Princes yea those furthest remote to deliver the Church of God from the oppression of tyrants and to free captive Christians from under the yoke of bondage What were the motives that led them to those warres What were the reasons that urged them to undergoe those dangers But onely in regard of the Churches union Christ summond every man from all parts with a unanimous consent to undertake the defence thereof For all men are bound to repulse common dangers with a joynt and common opposition all which have a naturall consent and relation with this wee now treat of If this were lawfull for them against Mahomet and not onely lawfull but
discover'd or delivered not the delinquents into the hand of the Magistrate If he were negligent in performing this duty for the first mulct he was to receive a certaine number of blowes on his body and to fast for 3. dayes together If the neighbour be so firmely oblig'd in this mutuall duty of succour to his neighbour yea to an unknowne person in case hee be assail'd by thieves shall it not be lawfull for a good Prince to assist not slaves to an imperious Master or children against a furious Father but a Kingdome against a Tyrant the Common-wealth against the private spleene of one the people who are indeed the true owners of the State â—â—ainst a ministring servant to the publique And if he câ—â—elesly or wilâ—ully omit this duty deserves he noâ— himselfe to be esteem'd a Tyrant and punished accordingly as well as the other a sobber which neglected to assist his neighbour in that danger Theucidides Theucid lib. 1. upon this matter saies that those are not only Tyrants which make other men slaves but much more those who having meanes to suppresse and prevent such oppression take no care to performe it And amongst others those which assumed the title of Protectors of Greece and defenders of the Countrey and yet stiâ—re not to deliver their Countrey from oppression of strangers and truly indeed For a Tyrant iâ— in some sort compeld to hold a straight and tyrannous hand over those who by violence and tyranny he hath constrain'd to obey him because as Tiberius said he holds the Wolfe by the eares whom he can neither hold without paine and force nor let goe without danger death To the end then that he may blot out oue sin with another sinne he files up one wickednesse to another and is forced to do injuries to others lest hee should prove by remisnesse injurious to himselfe But the Prince which with a negligent and idle regard lookes on the outragiousnesse of a Tyrant and the massacring of Innocente that he might have preserved like the barbarous spectacles of the Roman sword-playes is so much more guilty than the Tyrant himselfe by how much the cruel and homicidious directers and appointers of these bloody sports were more justly punishable by all good laws than the poore and constrain'd actors in those murthering tragedies and as he questionlesse deserves greater punishment which out of insolent jollity murthers one than hee which unwillingly for feare of a further harme kills a man If any object that it is against reason and good order to meddle in the affaires of another I answer with the olde man in Terrence I am a man and I believe that all duties of humanity are fit and convenient for me If others seeking to cover their base negligence and carelesse unwillingnesse Pompon de reg juâ— lâ—g 36. alledg that bounds and jurisdictions are distingnisht one from another and that it is not lawfull to thrust ones sickle into anothers harvest Neither am I also of that opinion that upon any such colour or pretence it is lawfull for a Prince to encroach upon anothers jurisdiction or right or uppon that occasion to usurp anothers countrey and so carry another mans corne into his bâ—rne as divers have taken such shadowes to maeke their bad intentions I will not I say that after the manner of those arbitrators which Cicero Ciccr. 2. offic speaks of thou adjudge the things in controversie to thy selfe But I require that you represse the Prince that invades the kingdome of Christ that you containe the Tyrant within his owne limits that you stretch forth your hand of compassion to the people afflicted that you raise up the Common-wealth lying groveling on the ground and that you so carry your selfe in the ordering aâ—d managing of this that all men may see your principall aime and end was the publique benefit of humane society and not any private profit or advantage of your owne For seeing that justice respects only the publique and that which is without and injustice fixes a man wholly on himselfe it doubtlesse becomes a man truly honest so to dispose his actions that ever private interests give place and yield to publique commoditie Briefly to epitomize what hath bin formerly said if a Prince outragiously over-pass the bounds of piety justice A neighbor Prince may justly and religiously leave his owne Countrey not to invade and usurp anothers but to containe the other within the limits of justice and equity and if he neglect or omit his duty herein hee shewes himselfe a wicked and unworthy Magistrace If a Prince tirannize over the people a neighbour Prince ought to yield succours as freely and willingly to the people as he would doe to the Prince his Brother if the people mutined against him yea he should so much the more readiâ—y succour the people by how much there is more just cause of pity to see many afflicted than one alone If Porsenna brought Tarquinius Superbus backe to Rome much more justly might Constantine requested by the Senate and Roman people expell Marentius the Tyrant from Rome Briefely if man become a Wolfe to man who hinders that man according to the proverb may not be instead of God to the needy And therefore the Ancients have ranckt Hercules amongst the gods because he punisht and tam'd Procrustes Busiris and other Tyrants the plagues of man kind and monsters of the earth So whilst the Roman Empire retained her freedome she was truly accounted the safe guard of all the world against the violence of Tyrants because the Senate was the port and refuge of Kings people and Nations In like manner Constantine called by the Romans against Mixentius had God Almighty for the leader of his Army and the whole Church doth with exceeding commendations celebrate his enterprize although that Maxentius had the same authority in the West aâ— Constantine had in the East Also Charlemaine undertooke War against the Lombards being requested to assist the Nobility of Italy although the Kingdome of the Lombards had been of a long continuance and he had no just pretence of right over them In like manner when Charles the bald King of France had tyrannously put to cleath the Governour of the Country between the River of Seynt and Loyre with the Duke Lambert and another Noble-man cald Jametius and that other great men of the Kingdome were retired unto Lewis King of Germany brother but by another moâ—her unto Charles to request aid against him and his mother called Juclith one of the most pernitious women of the world Lewis gare them audience in a full Assembly of the German Princâ—s by whose joynt advice it was decreed that Warres should be made against Charles for the re-establishing in their goods honours and estates those whom he had unjustly dispossest Finally as there hath ever been Tyrants disperst here and there so also all histories testifie that there hath been neighbouring Princes to oppose tyranny and maintain the people in their right The Princes of these times by imitating so worthy examples should suppresse the Tyrants both of bodies and soules and restraine the oppressors both of the Common-wealth and of the Church of Christ otherwise they themselves may most deservedly be branded with that infamous title of Tyrant And to conclude this discourse in a word piety commandâ— that the Law and Church of God be maintain'd Justice requires that Tyrants and destroyers of the Common-wealth be compel'd to reason Charity challenges the right of relieving and restoring the oppressed Those that make no account of these things doe as much as in them lies to drive pietie justice and charity out of this world that they may never more be heard of FINIS