the like punishment be any one of the Clergy or any Christian whomsoever who shall be involved in his errour be thought worthy By the Law of the Fiefs and Feudaries which contain also Empires and Kingdoms a Vassal doth not owe feality or service to his Lord once excommunicated nay he is even absolved of his Oath of Allegiance as may be seen in Lib. 2. Feudor Tit. 28. S. 1. In this Decree of the Senate we meet with two things observable First Thâ—t the King is obliged by an Oath not to permit the Catholick Faith to be violated or infringed the other is That in case he shall be found a violator of this same pâ—omise that he shall incur the censure of Anathema lie and all his complices and adherents Both these do run exactly parallel with the case of K. James for he promised when he came to the Crown That he would not suffer the Religion of the Church of England to be violated by the Papists whose banishment out of the Kingdom had been oftentimes debated he stood not to his word nay he shews himself a Ring leader and authoriser of such who endeavoured might and main the subversion of the said Religion he is therefore made justly sensible of the Parliaments severity in discarding and disowning him By this Deree it is likewise prohibited that none shall ascend the Regal Chair except he be a Catholick The same Synod C. 17. adds moreover Unless by his demeanour and good conversation he be thought fit and worthy to be advanced to Regal authority much more unless he be judged fit upon the account of his orthodox Religion This does very much countenance and justifie the Parliaments proceedings in their Act whereby it is expresly provided that none shall ascend the Throne except he be a favourer at least of the Church of England Now it will not be amiss to hear K. Beccesuinthus in the Eighth Toledo Council confessing that the unrully desires of Kings had need of being checkt and restrained who signed and ratified this Law for himself and Posterity Since then in the Ages successively last past the immoderate unbounded covetousness of Kings hath extended it self to the spoils and incroachments upon the people and that the lamentable Imposition and burthensome Taxes have much augmented their lawful Revenues at length it is revealed to us by divine Inspiration that seeing we prescribe Laws and Statutes of respect and obedience to be observed by the Subjects it is meet we should set some bounds of restraint and temperance to the vitious excesses of Princes Moreover out of our princely clemency and after due consideration as well for our selves as for all those who shall succeed us in our glory we by Gods assistance do enact a Law and do publish and declare that no King upon any private motive or impulse or by any Faction shall take away by force or cause to be taken away any writings or deeds concerning any thing due to another so that he may prove himself unjustly to be Lord of and lay claim to the things so due to them K. James offended against this Law when following his brother Cha. II. his steps he vsolently by Quo Waranto deprived Citizens of their Charters and did in a manner wholly cancel and disannul the Priviledges and Immunities of the Nation King Beccesuinthus was not of these Opinions that Kings were Lawless who enacted a Law for himself and his successors Let us on the other hand return to the Synod prescribing Laws to Kings From hence saith the Synod may Kings convince Men that all things is owing to them and depends on them when they govern all things wisely whence they doubt not but that these things are due not to their Person but to their Power and Dominion 't is Rights that make a King not his Person for to be King does not so much consist in the ordinary meanness of personal qualities as in his honour and sublime grandeur the things then that are due to honour are assistant to honour and what Kings heap up and amass they leave to the Kingdom that forasmuch as the glory of the Kingdom casts a Lustre upon them so they likewise do not imbezle or diminish the Kingdoms glory but render it more glorious besides 't is requisite that those who are constituted Kings should have minds full of care in ruling in acting with a great deal of moderation in decreeing righteous judgment in sparing and having a tender regard to such who are willing to obey in procuring sew parties in siding with fewer A little below that Whilst the vastness of the propriety of Princes includes all in the Bosom of its receivings and nothing but the Princely Belly is stuft all the rest of the Members of the Nation drain'd and exhausted languish and decay for meer lack of sustenance from whence it comes to pass that neither the Commonalty can receive any succour and assistance neither can great ones maintain their dignity because whilst the force of Power hath seized on all the State of the Commonalâ—y are not in a condition to defend the least Rights the Synod do very warily and discreetly prescribe to Kings their duty and do withal neatly decypher to us a Kingdom ruled by a Tyrant such an one as is not to be found in this World The Spaniards grown weary of King Wamba's Government shut him up nolens volens in a Monastry to do penance and compelled him to elect Ervigius Grandee of Spain taking no notice of Theofredus his Son the Twelfth Synod of Toledo was held on purpose to confirm this Ervigius Anno 682. and this is the Language of the Synod And by that means the Peoples hands were loosed from all Bonds and Obligations of an Oath which during the Reign of the said Wambal were kept fast tyed paying duty and allegiance only to this Prince Lrvigius being at liberty by all demonstrations of acceptable homage whom the very Divine Decree had fore-ordained to the Kingdom and the kind and courteous People in general wisht for wherefore these things considered and in acknowledgment of this favour we are to serve none but God alone and our King Ervigius and we are to be obedient to him and devoted entirely to his Will let us then perform with a ready mind and without reserve endeavour to do whatsoever may conduce to the welfare and security of his Royal Person whatsoever may promote the real Interest of him and his Country Now must we hear Ervigius himself accosting and bespeaking the Fathers of the Synod For this in general I beg of you saith he that whatsoever doth not comport with the Laws of our glory if there be any thing that may seem contrary to justice and equity it may be rectified by your good disposition meekness and judgement The same Ervigius how much he esteemed the decrees of these Councils abundantly shews in the Thirteenth Toledo Synod which he Harangues after this manner for 't
truth it was but just that the Parliament should serve James the II with the same Sauce as the Peers did John not coming at all short of him in deserving to be dethroned then again John did not go about to subvert the Established Religion then in Force nor did he sorsake the Kingdom and fly to the sworn Enemies of the English Nation add hereto that William and Mary had much a better Claim and Title to the Crown of England as being Heirs presumptive then ever Lewis had who was no presumptive Heir I can hardly forbear the adding to this Example that acknowledgment of the Authority of the Parliament by Richard the II in his solemn surrender of his Crown upon their Sentence I refer the Reader as to this point to the English Historians more especially to Henry Knighton Canon of Leicester in his Book De Eventibus Angliae who hath at large and exactly insisted upon this dreadful deposing Yet I shall take notice of one thing not customary with Tyrants to wit that Richard did own and acknowledge the Peoples right in punishing bad Princes and did allow himself uncapable of governing CHAP. II. Wherein the Absolute Power and Authority of Emperors and Kings by the Testimonies and Opinions of several learned Men is opposed THere are not wanting an innumerable company of Examples in History of Kings banished from their Kingdoms for ill managment yet I thought good to produce none but such by which it may plainly appear that a Tyrant may be dethroned not only with a safe Conscience but conscience even dictating and allowing the same It will not be amiss to add to these the Testimonies of Emperors and Kings together with the Sentiments and Opinions of some learned Men of the Roman Church The first that offers himself is the renowned Emperor Trajan who when he presented a naked Sword to Sura according to the custom in creating him Prefect of the Praetorium take this or such like saith he and use it for me if I rule justly if unjustly use it against me next come Adrian none of the worst Emperors who promised that he would so behave himself in holding the Reins of Government as one who knew that it was the Peoples business that was committed to his charge But let they Heathens hold their peace yet the Christian Emperors Theodosius and Valentinianus utter such Truths as deserve to be Engraven upon the Palaces yea rather upon the Hearts of Princes It is a Confession say they worthy the Majesty of him that rules to profess himself a Prince bound up by the Laws so much doth our Authority depend upon the Law And indeed it is somewhat more than Empire and Sovereignty to make the Govenment obedient and subject to the Laws and by this Edict we do decree that whatsoever is not lawful for our Subjects we do not pretend it to be to lawful for us this saying is not unworthy of the Confessor neither for it was the Law of King Edward named the Confessor touching the Office of a King That if a King fail in his duty the Name of King is no ways consistent with him Now let us have recourse to the Doctors of the Church of Rome and Pope Zacharias deservedly leads the Van who returned this Answer to the French consulting him about Abdicating Childeric aforâ—said That a Prince was accountable to a People by whose favour he injoy'd the Crown because whatsoever he possesseth whether Power Glory Riches or Dignity he must needs grant that he is beholden to the Commonalty for the same and that it was in the Peoples power both to constitute and appoint a King over them and also to abandon him Aenaeas Sylvius follows next who was Secretary to the Council of Basil and came afterwards to be Pope under the Name of Pious the II. Aeneas Sylvius puts two queries The one is whether a General Council hath Authority over the Pope the other whether or no the Catholick Faith do enjoyn the belief of it which two saith he when I shall have examined and stated there will be no place for doubting afterwards but that the Pope ought to be subject to a General Council the Reason produced before by the Bishop of Burgos doth excellently prove for a Pope is in the Church just as a King in the Kingdom now to imagin that a King can do more then the whole Kingdom together were absur'd therefore the Pope should not have power to do more than the Church But like as Kings sometimes by reason of male Administration and exercising of Tyranny are ejected and by the whole Kingdom excluded even so by the Church that is to say by a General Council may the Pope without all question be deposed Now let us hear what Thomas Aquinas that Prince of the School-men saith When a Tyrannical Government which is not ordered for common Good and Advantage but for the private ends of the Person reigning is not just troubles and commotions Lappning in that State doth not pass for Sedition the same Thomas lays it down for a certain and undeniable truth that Principalities and Dominions are not jure Divino but de Jure Humano John Gerson succeeds him in his Opinions who was a Master of Arts of high Repute and Authority with the French in a Sermon of his to the King in the Name of the University of Paris Even as saith he according to natural instinct all the other Members expose themselves for the Health and Safety of the Head in like manner should it be in the Body politique with Loyal Subject in respect of their Sovereign on the other side the Head should guide and dâ—â—ct the rest of the Members otherwise distraction would ensue for thâ— Head could not last long without the Body this truth is point blâ—nk câ—ntrary to those who venture to aver though erroneousâ—y thâ— the Lord doth not hold of or is obliged to his subject in any thing whatsoever which is both against Divine Right and Natural Equity and the Trust reposed in Dominion for as the Subject owes Faith and Allegiance Service and Assistance to their Supreme Lord so he in authority owes Faith and Assistance to his Subjects One good turn requires another According to some Doctors the Sin of Lucifer consisted in this That he would fain have dâ—mineered and ruled over all other Creatures as God without being obliged to protect and defend or do them any service Afterwards at the end of the Article he adds And if so be the Lord do not deal faithfully with them as Subjects neither will they treat him as their Lord according to that answer returned by Domitius to a certain Consul if saith he you will not have me for a Senator neither will I have you for a Consul The same Author adds As nothing can appear to corporal sight more cruel or terrible or more to be abhorred and avoided then to behold a humane Body waste it self or to
judged by the People of France of none effect and exploded and so Charles the VII was again fully restored to his Crown and Dignity Francis the First also â—ffords us a notable Instance of this same that a King cannot waâ—rant his aliâ—nating the Dominion of the Crown or make it depend on anothers jurisdiction who after he had redeemed himself out of Captivity wherein he was kept by Charles the V. at the expence of several Provinces the People of France did stiffly maintain that it was not in the Kâ—ngs Power to alienate the Dominion as they called it wherefore when the Salus populi or publick welfare is in Jeopardy the People ever reserved to themselves the Right and Power of defending it and by all ways and means of furthering and advancing it X. Here comes many more still who shall be witnesses against themselves for they say That put the Case the King turn a common Enemy he maâ—y not be removed from the Throne and thus speaks Salmatius If so be out of an hostile mind he be fully bent upon the utter undoing of his Kingdom he doth thereupon ipso facto lose his right to it indeed and may be justly forsaken by his People now he doth then become an open Enemy when he doth not only shed his Peoples Blood right or wrong but when he suppresseth Religion commits Adultery with other Mens Wives defliwers Virgins seizeth and appropriates to himself Mens Estates breaks his word does abrogate and disannul Priviledges and Charters and every where sheweth himself a contemner of divine and human Laws for the Tâ—uth is Thieves Clippers and Coyners Whore-Masters and perjured Persons are no less Felons and do no less deserve condign punishment and death then Highway-men and Murtherers and to speak freely there are but a few practical Tyrants that are not guilty of all these wicked Misdemeanors XI All Christian Princes who are inclined and adhere to the Roman Church do proâ—ess themselves subject thereto in matters relating to Faith and Good Manners and so do the two Councils of Constans and Basill injoyn Wherefore when they commit any heinous Offence against Faith and Good Manners no body qâ—estions but that the Church may proceed against them by Excommunication but if despising a lesser Excommunication they shall grow hardned in their wickedness let them be struck with the Thunder-bolt of a greater which differs from deposition or final reliction only in term of time and in length if they do not appease the wrath of their Judge by repentance and amendment it then may end in exterpation and deposition History supplies us with so many examples of this Nature that who so requires to have them produced shews himself but an ignoramus in ancient Records who knows not that Henry the IV. King of France could never be acknowledged till his Ambassador being beaten with a Stick by the Pope's own Hands he had expiâ—ted and was punished for his Heresie as they suppose who can be ignorant that Philip the August for his repudiating Isemburga his Consort and taking to Wife Mary Agnes had very like to have lost his Crown and Dignity if any would be certified how far the greater Excommunication may proceed let him have recourse to Philip the August wherein he may also meet with the Story of John Sans terre mentioned before nay and did not St. Germain Bishop of Paris whose Authority came far short of that of the Pope inflict the penalty of Excommunication upon Sigisbert King of Austravia What 's the reason then why the States of the Realm amongst whom is to be found very many learned in the Law of Nature and of Nations may not turn out and depose a convicted and incorrigible refractory Tyrant especially since a fault may be more descerned in Temporals then Spirituals and seeing that it spreads it self with more dangerous consequences amongst the People and that the Tyranny of a Prince does them much more harm then his Heresie XII The imperial Dignity without all dispute is greater then the Regal for an Emperor can create Kings but to create an Emperor was never the Power of any King that was always left to the People as their business only but now the Emperor how high soever his Dignity be pays homage to the Empire why then may not a King do the like to a Kingdom the Empire may warrant their not standing by an unfit Emperor with their Lives and Fortunes even by the Laws which falls out ever and anon Why may not then a Kingdom forsake and dethrone a King unfit for ruling XIII Again Absolute Power sets the Door wide open not only to the disorderly Vices of Princes but also of the People because Regis ad exemplum â—â—us componitur orbis every one strives to follow the Fashion at Court we read of Cambyses that when he was acquainted by some debauched flatterers that there was a certain Law which gave leave to the King to do what he listed married his own Sister and after that did allow of such kind of marriages to wipe off the scandal and appearance of Sin and it is not so long ago since we saw the Husband of a Wife debauched by the King to debanch and steal away the Wife of another from her Husband and all that connived at too by reason of the King 's ill example So that we see that the fear of God's Law is not enough to restrain and bridle the King's lusts and unruly affections for frequent experience tells us that it is not at all sufficient Tam facilé pronum est Superos contemnere testes Si mortalis Idem nemo Sciat So easily Men with the Gods make bold When they alone behold the Sin we act No Mortal being witness to the Fact Except it be again and again inculcated to Princes that God is pleased to make use of Men appointed on purpose to vindicate and enforce his Laws in the World for there is nothing more common with Princes then to think the greatest Power to be the greatest License to do what they please as may be exemplified in Vortigerus King of England who in the rage and heat of his Lust espoused his own Daughter XIV If Monarchical Government were Absolute it would be the less noble then the Democratical for Democracy is the Dominion over Free-born Men for it implies a contradiction for a People in the same respect both to rule and obey but a Monarchy if it be unlimited is the ruling over Servants but now the Government over Freemen is a great deal more noble then that over Servants even as the Authority and Power of a Father over his Son doth far excel the Power of a Master over his Slaves It makes not at all against us that God's Power over his Creatures is Absolute for I acknowledge that there can be no certain conclusion gathered from God to his People by reason of the vast disproportion and immensity between his
wonderfully extols her Authority above that of Kings do not deny but that a Pope may and ought to be deposed for Heresie Therefore according to all these Doctors a Tyrant may and ought to be deposed for that the Pope whose authority is above or at least equal to Regal Authority may and ought whensoever he shall turn Heretick be removed from holding the Reigns of Church-Government XX. That Authority is the greater that performs the greatest things but the Authority of the People creates both Kings and Emperors but the Authority of the King cannot so much as create a King therein does the Peoples Authority exceeds that of a King XXI In all Christian Kingdoms there are certain Orders of Knighthood by which the most illustrious and renowned of the Subjects together with the King are usually dignified and distinguished the Sovereign of these Knights is the Prince who is equally bound and even takes an Oath to obey the Statutes of the Order as well as the rest of the Members of that Order Now if the King in this Ceremony obliges himself by Oath much more is he bound by that Oath he takes at his Coronation because this last Oath is absolutely necessary necessitate â—nedii by a necessity of the means as they term it without which the King could not be King But the other Ceremony depends meerly upon choice and is an indifferent Ceremony having no Relation at all to the Regal Office and no ways beneficial to the Publique therefore the Coronation Oath is more Strictly and inviolably to be performed and doth more firmly bind Princes than doth the other We look upon it as a needless piece of work to distinguish between the Rights of one Kingdom and another 't is all one for there are but two Originals of Kingly Power viz. Force of Arms and Election Christians are unacquainted with Lots the Heathens seldom or never made use of them if a King win a Kingdom by force of Arms yet for all that he must not compel his Subjects to things unjust and contrary to the Law of Nature and of Nations if he do force them upon such things why then indeed when occasion serves and when their strength permits Subjects may have recourse to their right of reducing the King to his just Limits of Government conformable to that celebrated Axiom vim vi repellere licet It is lawful to repel force by force for what was taken away nolens volens mny also be recovered by force if Election could take place yet we should have the better of it however because there is no Election without Obligations and Conditions whereunto as well Princes as People are to be equally bound and obliged both Nature and Religion do alike will and require it For asmuch as God himself as we but just now hinted hath bounded himself by his Promise so ought a man how eminent in vertuous Qualifications soever he may be to exercise Humane Dominion over other men as by no means to aspire to ' Divine Honours who finds himself no whit better than his Neighbours and must not take too much upon him nor so demean himself amongst his fellow Creatures as if he had attain'd to a degree of Divine Perfection for men create Idols but do not create Gods The right of inheritance has no greater Right than the Law of Arms or the Law of Election because a Successors Right and Power are entailed upon him by vertue of his Predecessors And Right is what the Subject granted and yielded to and not what Princes usurped to themselves A Prince 't is true by inheritance obtains the right of taking upon himself the Government of the Common-wealth before any other of the same Nation but that Right doth not procure for him as I may so say so large a Power and superlative a Government above others for it was not the Peoples intent and design when they honoured one Family with such high Dignity that it should thereby become prejudicial and more troublesome to them but rather that they should find the Family so much the more gracious and bountifull by how much they had upon several accounts obliged it to them 'T is true indeed it is somewhat an hard task to alter the Form of Government which are obtained by Inheritance because Regal Power in one Family by long possession and confirmed by custom pleads prescription yea and hath mustered up all its Forces to strengthen and uphold its Dignity but notwithstanding it doth not thereupon follow that by Law or Right their Power is fuller or more valid than if they were beholden to Election for their Authority in as much as it derived its Pedegree and Original from the Peoples bare concession It is confessed by all men that the Almighty did out of a tender regard to his People grant them the liberty of making choice of what Form of Government they thought most convenient and most suitable to their manner of living It will be therefore agreeable to reason to conclude that God did also grant them the liberty of changing the Government and Magistrates as by themselves so constituted especially if they abused their Power and swerved from the true way conducing to the end propounded that is an happy and peaceable Life For since Princes were ordained for the benefit and advantage of Civil Society it is more suitable and correspondent to the Goodness and Wisdom of God that Princes should depend upon the People who can never be wanting to themselves than that the People should depend on Princes who out of a certain innate Principle incident to all men living being all for their own ends and for what they can get oftentimes forget themselves and their Duty towards the Common-wealth and spoyling all by forgetting the true end why they were so highly promoted to that honour make ill improvement of the Regal Dignity and of the end for which it had been conferr'd upon them use it for their own and not for the Publique Advantage CHAP. IV. Wherein is shewed that there can be nothing gathered from the Old Testament that doth contradict all these Arguments nay that doth not mightily strengthen them THE Patrons who stand up for Absolute Power do commonly appeal to the Sentence and Judgment of Sacred Writ and that with good reason because Scripture is the Judge of all Controversie and is infallible a most perfect Rule by the which Christians are to square every Conception of their Mind and also their Life and Conversation God forbid then that we should deny such a Judge the discision of this Point in debate Our Adversaries produce that remarkable known Passage in the History of King Saul the substance of which we thus comprize The Israelites now grown weary of the Government of Judges require a King of God like unto the Kings of other Nations they don't forthwith obtain their desire nor was it convenient they should but before God would comply with their request he forewarns them by his
at such time as it confines it self within its just limits No Man of judgment will ever condemn any sort of Government whatsoever when is it settled and is agreeable to the Humour and Genius of the People What I have advanced that toucheth them the most to the quick is taken from a Sermon that Gerson Chancellor of the University of Paris Preached before King Charles the VI. and the Dolphin who found no fault with it If I have defended the Conduct and Proceeding of the Parliament of England it is because they have changed the Governor only but not the Government and that it had substituted in the room of an Oppressor a pious just and wise Prince Nay and a Prince too who was rightful Heir to the Crown whom they went about to dispoil and devest of his Rights by a certain fraudulent way never heard of in any Age. Some may be apt to say that this Treatise would have come more seasonably three Years ago then now I grant that but I had not then the opportunities and helps I met with since which were absolutely necessary for me nay I must confess I had not so much as thought of it had it not been for an insipid and impudent French Book which hath made a great Noise in the World 't is call'd Advis aux Refugiez the impertinent Scribler of this Libel by establishing Absolute Power in a gross manner which smells more of his Pension then of Love for Truth hath wickedly charged all those of his Nation of Rebellion who did not blindly obey the Will of their King and involves the English Nation in the same if not in a greater for loving its Religion and its Laws I was moreover confirmed in my Design by the reading of a posthumons Piece of Richer Dr. of Paris which was published the last Year as well as the other and upon the same Accunt I have in compiling this Piece been more solicitous about things than words and that is the Reason why one will scarce find in it any Ornaments but such as do naturally arise from the subject Matter whether I have succeeded well in the Design I have propounded to my self I leave that to the Readers judgment I will assure him only that I have been exceeding faithful in whatsoever I have reported from the Authors I have quoted The Defence of the Parliament of England in the Case of JAMES the Second NExt to the Questions that are conversant about Faith there is not any one of greater consequence we meet with that falls under debate than that Question touching Regal Power for it highly concerns the Publick to understand whether or no it be limited and circumscribed by humane Laws or is to be accounted supreiour to them all It will be therefore worth our while especially in this new unexpected Conjuncture and change of the British Affairs that have so much astonished the World to attempt some discourse of it exactly and succinctly But now to decide each Controversie that may arise concerning Regal power as well by divine as humane Rights nothing seems more to the purpose than to begin with the Authority Ecclesiastical tempered and allayed with the Civil for since it consists of both Rights it deservedly holds the first place and amongst humane Authorities is lookt upon as the greatest Come on then as Studiers of brevity laying aside any further preamble let us hasten to the matter in hand CHAP. I. Decrees of several Councils whereby the Regal Power is Circumstantiated and Bounded within its Limits THe Fourth Council of Toledo assembled out of Ecclesiastical persons and States of the Realm Anno 633. which is named by the Spanish Councils The Grand and General Council concerning Kings that shall hereafter succeed We Enact and Decree this Sentence â—aith the Council that if any amongst them contrary to the respect due to the Laws out of an haughty arbitrary ambition to Lord it over his Subjects shall assume and exercise Cruelty and Tyrannical power and shall abandon himself to unjust and vitious excesses and shall exercise cruelty over his People Let him be condemned by the Sentence of Anathema from our Lord Christ and may be receive judgment and condemnation from God for asmuch as he hath presumed to act wickedly and to bring the Kingdom to ruin and destruction But as for Simithilana who dreading his own evil courses hath abdicated and forsaken his Kingdom and divested himself of Regal Authority It is by and with the consent of the Nation Decreed That we will never admit him or his Wife by reason of the exorbitant mischiefs they have committed no nor his Sons into our Unity or Communion nor over advance or promote them at any time to those Dignities and Honours from which they by their iniquity have lapsed and fallen 'T is to be observed that this Convention or Synod composed of the States of the Nation or rather of the whole Nation in general do in the Synod put Kings in mind of their duty and withal do exert their power upon male-administratours and that not in words only but in truth and effect as evidently appears by the example of Simithiliana between whom and King James there is a most wonderful and particular resemblance as also an exact conformity and agreement between the Synod and Act of Parliament The Sixth Council of Toledo assembled of Ecclesiastical persons and States of the Nation An. 676. a Law of King Chintilanus about banishing the Jews out of the Realm being introduced with commendations annexed the Synod adds these words But this is by us with all care and diligence to be established least the heat and energy of it and our labour should abate and prove of none effect in our Posterity wherefore by an unanimous consent of heart and tongue together with the consent of his Peers and mature deliberation of the Nobility we decree and enact That whosoever in future Ages shall chance to be intrusted with the supream management of the Realm shall never aseend the Regal Throne before amongst other obligations and solemn Oaths of conditions to be performed he shall promise and declare that he will vever suffer the Jews to violate the Catholick Faith moreover that by no manner of wayes he shall be abetting to their treachery or induced by any neglect or covetousness shall open the way to their prevaricating who run headlong to down right Paganism and Infidelity but what is most aimed at and desired in our time is that he should remain untainted and blameless for the future for in vain is it to do good if perseverance in the same be not provided for wherefore at such time as conformable to the said order he shall be admitted and have access to the Throne to hold the reins of Government if he shall prove to be a violator of this promise let him be Anathama Maranatha from the presence of the everlacting God and may he afford fuel to everlasting Fire yea of
is as clear as the Sun at Noon-day that whatsoever the sacred Assembly of Prelates hath thought fit to be observed is by the special grace of the Holy Ghost ordained and prefixt and settled to all eternity and is inviolably to be observed I beseech you therefore and conjure you the whole Assembly of reverend Prelates and you most excellent Princes and Peers who by your homage and duty to the Court are obliged to sit in this sacred Assembly I command you I say by the Mistery of the holy Trinity that if there be any thing before you shall be judged needful to be decreed or repealed as well what by us hath been offered to your consideration as also what else may have come to your hearing on behalf of the People that you would be careful to decide and clear it with an unanimous vigour of justice accompanied with a due proportion of mercy Ervigius behaves himself before the Synod with abundance of modesty who humbly implores their justice and mercy and laying aside all lostiness of mind sensible of his own in abilities to undertake such a charge submits himself to its censure We do not find it so now a days no no but now you must take notice that the asorementioned Spanish Kings were of the Gothic Race but as to their Religion having renounced Arianisme they became sound and orthodox from the time of Ricared they had likewise won the Kingdom of Spain by force of Arms and the â—ight got by diâ—t of Sword is accounted the best Title by your Civilians Now let us proceed to the French The first that presents himself is Childeric the 3 d. the very last of the Mâ—rovingian Race who was deposed by the Parliament and hurled into a Monastry Now there were present in this Parliament divers Bishops amongst the rest was Boniface a Bishop of Mentz of great reputation who set the Crown on Pepin's Head who was put in the place of Childeric No body can be ignorant of that notable Story of Lewis the pious Son to Charles the Great who in the Synod of Compeign composed of Bishops and Peers of the Realm Anno 833. was tumbled from his Throne and forced into a Monastry Synods in those days were made up usually of the Clergy and the States of the Nation which was much the best way especially in general Councils for it is certain that for the most part the covetousness and ambition of the Clergy commonly corrupt both Divine and Human right Nor after what manner the Capetians were by consent of all the French substituted in the Room of the Carlovingians and how Lewis the Eleventh was surrounded with thirty six Commissioners without whose Advice he could not govern the Common wealth as known to all we omit But what on this Subject is beyond all exception and may stop the Mouth of the Patrons of Tyranny is the Consent of all the Christian Princes in the Convention of Arras The business thus Charles the Seventh whilst he was but yet Dolphin commanded John Father to Philip Duke of Burgundy traiterously to be assassinated thereupon a bloody War arose between the two Princes but at length by the mediation and procurement of the Counsel of Basil and Pope Engenius a Council was called and held at Arras for composing Differences whereunto the noblest part of Europe had resort It was saith Mezeray the noblest and greatest of that Age thither did all Christian Princes except King Henry of England who disputed the Crown of France with Charles send their Agents and Plenipotentiaries and Eugenius his Ambassadors A Peace being once clapt up between the two Princes it was covenanted and agreed upon that if either of the two Princes should not stand to their words but violate the Articles of Agreement that then his Subjects absolved of their Oaths might lawfully send Succours to another Prince against the breaker of the Covenant here you may plainly see that all Princes do unanimously agree in absolving Subjects of their Oaths of Allegiance besides you may see that a Vassal doth covenant with his Lord upon equal Conditions for Philip was Vassal to Charles So much the more is the simplicity of those to be laught at who dare affirm that Princes are not so much as bound by Oath to their Subjects for performance of the Articles of a Treaty when God himself is obliged to fulfill his promises the Lord hath sworn and will not repent and the holy Scriptures declare that all controversies are decided by an Oath as if Princes were obliged to resemble God Almighty in respect of his power and not in respect of his faithfulness and veracity But not to deviate too much from our present purpose If it were lawful for Subjects to levy War against their Prince for violating his word past to a Foreiguer I cannot see why it should be deemed an hainous offence to spurn and resist Tyranny when they themselves are galled and oppressed The Brittish History likewise furnisheth us with a long series of Examples of this Nature but too great a Prolixity especially in matters of themselves otherwise plain and evident is tedious and troublesome Let one therefore and that very considerable in its self suffice which is this John surnamed Sans terre or without Land King of England and Duke of Brittain standing excommunicate by Pope Innocent the III. and his Subjects absolved from their Oath of Allegiance the Kingdom of England was devolved upon Philip the August Now Philip relying upon this donation of the Pope having fitted out a huge Navy was just ready to fall upon and Invade England when John by his submission and obsequious compliance regained the Pope's favour Neither did Philip for all that desist from his enterprize for he gave his Consent that the Nobility of England should choose Lewis his Son Husband to Jone K. John's Niece for their King and should Crown him in London accordingly the Matter proceeded to Suit and Tryal before the Pope still a great favourer of John the Ambassadors of Lewis who solioited his Cause at Rome mainly urged that John was never Leige King because he was condemned by the Peers of France to have his Head cut off for the Murder committed on the person of Arthur his Nephew moreover that if he were a King yet that he had notwithstanding forfeited his Crown by turning a Tyrant and that it was Tyranny as they said to subvertand destory the Regal Power the death of John stops the Proceedings and ends the Difference and his Son Henry placed in his stead Pray let the French take special notice of this Passage who are out of humour and ill satisfied at the last Revolution and Change of the British Empire and if they are wise let them take warning whilst they may by their own consession Tyranny quite overthrows Kingly Power and it evidently appears by their own Example that the Throne of a Tyrant may justly and lawfully be possessed by another and in
tear it self in pieces or otherwise in like manner it is no less cruelty to the Spiritual sight of reason to behold the Parts of the Body politick to be divided and persecure one another as a Sovereign his Subjects and there is in effect a persecution in this when they interfere and deprive one another of their Offices and Rights for naturally every thing depends and maintains its own right and doth repel a violent Action done to it by violence Vim vi repellere licet 't is lawful to give a Man as good as he brings hence it is manifest that they are in the wrong who tell Lords that all is their own and that they may do what they please and are uncontroulable and unaccountable if they assume and appropriate to themselves without any just Title thereto whatsoever appertains to the Subject But what 's the meaning of this that violence can do all things and what will follow from thence why the same inconvenience will follow as if the Head should attract to it self all the Blood Spirits and Marrow and Substance of all the other Members and what would be the event of this but that it must prove it 's own ruin and destruction And a little below that adds I confess I dont understand whence this error proceeded for to assert this would be to cause Men tamely to submit like Sheep and set Superiors like ravening Wolves over them or to let fly Kites amongst Chickens Like as Poyson kills the human Body so Tyranny is a Poyson and Mischief that brings infallable ruin and destruction to not only the Body politick but to the Regal also For a Tyrant who by hook or by crook appropriates all to his own advantage is very unnatural it being manifestly contrary to Civil Society of which Aristotle in the fifth Book of his Politicks hath spoken more at large and may be comprized in this Distich Pauca Sciant de se diffidunt sint egeni Sic rege subditos dire Tyranne tuos A Tyrant would have his Subjects to know little to mistrust themselves and to be indigent this is extreamly contrary to a right Regal Power which chiefly aims at this that Subjects should be powerful wise and knowing c. for what worse thing could the Peoples mortal enemy or even the infernal devise then necessitate them to be poor and divided one would much rather choose to be without a Prince than have such a one as the Fable goes of the Frogs who had a Scorpion for a King that devoured them all And yet a little further again we conclude saith he that if the Head or any other Member of Civil State should chance to fall into such an inconvenience as to desire to lick up this deadly poyson of Tyranny each Member in its particular Station should use his outmost endeavour to prevent and obviate the same by all expedients convenient to that purpose And a little further And therefore the Person who abuseth it meaning the Power aforementioned is rightly served if he be divâ—sted of it Wherefore it is plain these Men who presume to lead their King or Prince into so foul an Error or into a condition of Tyranny deceive them and are their very Enemies The same Author in his Ten Considerations against Flatterers of Princes saith It is a mistake to say that a Prince is nothing beholding to his Subject during his Reign because it is agreeable as well to Divine Right as to natural Equity and Justice and also to the chief Intent and Design of Dominion that as the Subjects are to yeild Fealty Assistance by Taxes or otherwise and homage to their Liege Lord so likewise the Lord on his part ows faith and protection Nay and if so be the Prince in an obstinate manner persist in his wronging and persecuting them de facto then this natural rule is Vim vi repellere licet holds good and takes place as does that of Seneca in his Tragedies also Nulla adeo grata est victima quam Tyrannus At the end of this Consideration he yet adds therefore Kings who in an Arbitrary manner exact such grievances call them their Rights no otherwise than the Pagan Idols are called Gods not because they are indeed so but because they are called so by them Thus far the Chancellor of the University of Paris then which nothing could have been spoken more pithily and elegantly or more seasonably to cur present purpose indeed it concerns both People and Princes that Kings should be good proficients in the School of so great a Master There is one Man whom all Europe knows is but a poor Scholler in it Now let that famous civil Lawyer Bartolus come out and speak his mind It is a just Cause saith he that would have a tyrannical Government laid aside and as a just cause that is for a just Regiment Some later Writers bring up the Rear Bellarm. Peron Francise Torrensis and Hen. Holden To suffer saith the first an Heretical or a pagan infidel King endeavouring to bring Men over to his Sect it is to expose Religion to evident danger and Christians are not obliged nor ought to tollerate a King that is an Infidel when Religion lies at stake for when Divine Right seems to clash with the Human then indeed we must stick fast to the Divine Right omitting the other but now it is of Divine Right to maintain and prâ—serve Religion and Faith which is but one only and not many but it is of Human Right to have such or such an one for King The same Author in another place thus delivers himself For albeit we ought to give obedience to a King whilst he is a King yet it is not Jure Divino that we should not abrogate or change the Constitutions of a Kingdom nor deprive a King of it let him do what he will And again I taught you but just now that when we have once this or that King set over us we are bound to obey him jure Divino so long as he sits upon the Throne but that it was not de jure Divino that he should always so long as he lives sit on the Regal Throne for it may so come to pass that either he himself may Abdicate his Regal Power or may be brought low being overcome by some other King or may be deposed upon some other account as for Heresie or the like now by what means soever he ceaseth to be King obedience and homage likewise ceaseth to be due to him A Man would swear Bellermin had written these things on purpose against King James's caâ—e Peronius comes next who in a Speech of his he made to the States General at Blois maintains stiffly that a King may be discharged from his Office but as well became a Parasite of the Pope he leaves this Game to be played by him and not by the People whom he terms the Beast with many Heads as if a General Council in
never have stood in need either of Laws or of Magistracy Man being of unblamable life and upright conversation would have been a Law to himself and would have acknowledged no Government but that of reason only Amongst Persons perfectly equal Human Nature would not have sensibly perceived any outward Government but that of Parents of their Children and that too but until the Age of Discretion and their being capable of reason but as soon as ever reason became impared and quite debilitated by sin like a Coach-man jolted from his Box it being no longer able to hold the Reins then the affections and passions of the mind like so many wild Horses whose guide was missing begun to play their Pranks and disorderly to be hurry'd up and down tâ—en the human Chariâ—t taking no notice of curb or check would have been apt to rusht upon Precipices when the Almighty commiserating Mans case surrounded and hedged him about with Laws and applyed a Magistracy over him that might be able to bridle and restrain the irregularity of his passions and the exoâ—bitancy of his Astections and Appetites which was to conduct him in that way which was shâ—wn him in it Hence it appears that Laws and Magistracy are the Fruits and Conscquencies of Sin From whence it is observable first of all that Absolute Power cannot demand or claim any Aid or Assistance from the Law of Nature for it was not Nature that created Kings but the â—utual Consent of Men for it is very idle and frivilous which some prates of a kind of resâ—mblance and adumbration of Kingly Power in brute Creatures now that some of them seem to rule over other of the same Species that rule be it what it will is no more but a Pâ—iviledge of the Sex not of the Individuum for example the Bull seems to bear rule over the Cows tho' not over the Bulls with whom he often trys a touch for Mastery the Ram seems to over-rule the Sheep but not the Rams with whom he sâ—ldom fails to be at odds and so for the rest Moreover Absolute Sway doth seem to me diametrically opposite to the Law of Nature for as Justinian witnesseth all Men by the Law of Nature are free-born therefore they are their own and not another mans Now if any imagin he hath hit the Nail on the Head if he say Absolute Power is an Appâ—ndix of Sin and annext to it by the occasion of which Human Nature is brought into bondage truly methinks such an one never weighed the Matter considerately enough true it is indeed that since Sin the cause of all mischeif and servitude crept into the World Human Nature hath been brought into bondage but it is to sin and death not to men Neither will I deny but that Kingly Power as also all Magistracy is the Appendix and effect of Sin for I have so stated the business before but nothing can be inferred srom thence which may in the least favour Absolute Power for seeing the whole Human Nature is contaminated and polluted and even over-run with sin Princes themselves as Men are born Servants to sin and are the Vassals of death as well as the meanest Peasants all mens conditions upon that score are equal whence any one may easily infer that by the Law of Nature whether intire or lapsed no right can be ascribed to one Man over another abating the right that Parents have over their Children II. Nor can Absolute Power call any thing more to back and assist it out of the Law of Nations because the Law of Nations is in a manner common to 〈…〉 most Nations Now not all in general nay not the most civilized and poâ—â—te Nations do obey Kings for they who do acknowledge Government do not use it alike after the same manner as is manifest from the various Constitutions and Models of Kingdoms Amongst those who approach nearest to Absolute Power if they be narrowly sifted and examined they will be found to discard and destroy Absolute Power nor indeed are we to pass by in silence that the first Form of Government instituted by God himself immediately was absolutely Democratical or Aristocratical wherefore it s very plain and evident also that Absolute Power and Dominion is quite contâ—ary to the Law of Nations as never having been ordained any where that we can learn There remains still the Civil Law under which it may seem to seek shelter and borrow patronage but now what that Law is that justies out and destroys the Law of Nature and Nations I cannot conceive unless it be plain down-right dishonesty and injury III. If Absolute Power were allowed upon Earth then the right of God the most just Creatour and wise Governour of all things would not differ about temporals intensione as they term it but extensione from that created power which is for the most part blinded by covetousness which is most impious to think IV. The whole is bigger then its parts and a Prince is but a part of a Common-wealth Ergo the Common-wealth is greater than the Prince This demonstration is strongly backt from the consideration that a Common-wealth is a whole standing in need of a Prince nec ad esse nec ad bene esse sed tantum ad melius neither as to its being nor well-being but only to its better being now when a Common-wealth is well and cannot be better none but a perfect slave to Tyrants will deny but that it highly concerns the Common-wealth to look about them and provide for their safety V. It is confest by all hands that Laws were enacted for the restraining of Mens inordinate Lusts and Desires whence it is most clear that whatsoever power tends to the favouring Man's covetous Desires is altogether an unlawful power as modern experience that I may not rake into the records of Antiquity sufficiently makes out It is an inâ—ate disposition incident to Men they are Lipsius his expression to be insolent and immoderate in Government nor is it an easie matter to keep within compass a thing which is unbounded But now Absolute Power doth favour the unruly desires of Princes therefore is unlawful VI. All power is ordained by God for the benefit of Society now Absolute Power is the Calamity bane and destruction of Society therefore it is not ordained of God VII Whatsoever derives its beginning from another is to be subject and subordinate to that to which it ows its beginning especially in morality but Regal Power derives its rise and beginning from the People therefore ought Regal Power to be subject to and depend upon the People the usual Answer to this Argument is that the first Proposition is not always true as for example that the Pope is elected by the Cardinals yet is he not subject to them after his Election but this answer is vain and nothing at all to the purpose for the Cardinals in the Election of the Pope do represent the whole Church together which conferred
Nature and Power and theirs God cannot abuse his Power Moreover God's Power over intelligent Creatures freed from sin which freedom is the only liberty os intelligent Creatures is nobler far then the Dominion over Creatures subject to sin which is the perfect bondage of Creatures and that I may speak what I think truly your Court-flatterers do put a base Affront upon Regal Authority and mightily disparage it when they have the confidence to make him pass for a Tyrant not but that Monarchical Power to say the truth hath a certain transcendent superlative Excellency and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 above others provided it be tied up and regulated and owned by the Laws which is not our present design to dive into or discuss It will suffice in this place to lay the Foundation and Superstructure of Monarchy or Regal Power and withal to fortifie and defend it by overthrowing of Tyranny and at the same time to demonstrate that those immoderate cyers-â—p of Regal Power just like the Gyants of old whilst they aim at building their Tower too high do endeavour its down-fall and to be crusht with its ruins themselves XV. If we allow Absolute Power it must be either jure Divino or jure Humano but it is not by Divine Right since God Deut. 17. maketh an everlasting decree against the unbounded desires of Kings which I suppose will not be much amiss to set down in this place When thou shalt come into the Land which the Lord thy God giveth thee and shalt possess 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 shalâ— in any wise set him King over thee whom the Lord thy God shall choose one from among thy Brethren shalt thou set a King over thee thou may'st not set a Stranger over thâ—e which is not thy Brother but he shall not multiply Horses to himself nor cause the People to return to Egypt to the end that he should multiply Horses Forasmuch as the Lord hath said ye shall return no more that way neither shall â—e multiply Wives to himself that his Heart turn not away netther shall he greatly multiply to himself Silver and Gold and it shall be when he sitteth upon the Throne of his Kingdom that he shall write him a Copy of this Law in a Book out of that which is before the Priests and Levites and it shall be with him and he shall read therein all the days of his Life that he may learn to fear the Lord his God to keep all the words of this Law and and these Statutes to do them that his Heart be not lifted up above his Brethren and that he turn not a side from the Commandements to the right Hand or to the lest to the end that he may prolong his days in his Kingdom he and his Children in the midst of Israel Psalm 2. 10. Be wise now therefore O ye Kings be instructed O ye Judges of the Earth Nor is Râ—gal Power by Human Right Absolute neither for the practice and custom of all Nations as we already have plainly demonstrated are point blank against it besides who can think People so mad and senseless that when they may live abundantly more happy under the Government of Kings who are subject and liable to Human Laws than under those who are not regulated by the Laws nor observe them I say are they so simple as to lovâ— and admire those rather who are found by experience to trample upon Laws XVI Never was there yet any Law either Divine or Human whereby the Abdication of a Tyrant is prohibited if there be extant any such that may seem to speak in their favour those relates particularly to their Life and not to the Administration of their Government On the other Hand the practice of turning out Kings received in all Ages foregoing and confirmed by frequent use doth plainly argue that the publick Safety and Welfare is by all manner of ways possible to be defended and secur'd and that one single Person should not be obeyed at the cost of indangering the whole Nation is a Law I think Nature it self hath enstamped upon the Hearts of all Men whatsoever now where Divine Laws are silent who questions but that Nature may be listened to as a Deity XVII Mothing so much argues the badness and wrongness of the Cause as that the great Assertors are not consistant with themselves and do often shift Scenes change and beg Principles as the Schools call it but these Parasites of Tyrants are not much unlike that in Terence modo aiunt modo negant sometimes they affirm it by and by they deny it sometimes I say they are for having Kings to receive their Power and Authority immediately from God alone sometimes again that indeed they owe it to God but by the help and assistance of the People and that the People did fully and irrecoverably make over and transfer all the right they had to them then again they will pause a while and demur upon the Case â—ometimes they maintain their Ground and speak out without more ado but let them come to a conclusion and speak freely whether they would hâ—ve the Government depend on God alone or on the good-will and courtesie of the People if they would have it depend on God alone let them produce that Law of God whereby Absolute Power is ordaâ—ned for we can shew them the quite contrary If they acknowledge the Peoples kindness to have any hand in it it doth extreamly behove them to make out this plain and irrevocable transferring the Peoples right upon them which they never will be able to do XVIII Regal Right in all Nations is the self same as to its Rise and Origin if some Nations parted with more then they needed to have done to their Princes that produced from their ill-bred disposition knowing no better or from their want of skill in their own and the Nations Right I will make it clear to the meanest Capacity Regal Power sometimes falls to a â—emale in some Nations not excepting those Nations that are reputed the most barbarous whether it be that the Administration of Government be intrusted with her under the Title of Queen or Queen Regent but now it is nonsense to think that the Power conferr'd upon a Woman by the People is Absolute therefore it doth not stand with reason that it should belong to a King neither indeed doth the Regal Authority suffer any diminution when it is devolved upon a Queen either by the King's death or any other accident whatsoever XIX Those amongst the Papists who do least flatter and sooth Papal Tyranny do assert that the Pope is capable of doing as much in the Church as a King can do in the Kingdom yet notwithstanding they briskly maintain that a General Council is Superlour to a Pope and may depose him at will But the Pandors of the Whore of Babylon who
although the greatest part of them were very dissolute wicked and idolatrous but what is lawfull is not according to St. Paul's sense always expedient It is the part of a wise man when he designs to set about any business of concern to have a special regard to time and circumstances least contriving unwarily and not timeing it aright he lose himself and fall short of his expectation The Israelites were but rightly served if they underwent greater punishments then others who had set over themselves a King as it were against the will and even in despite of God They were even fain to smother and dissemble with their grief for very shame who had made a Rod for their own back 'T is also well known that the Law hath not its force in time of war nor can that people defend their Laws when surrounded on all sides with potent Enemies Moreover it is not in every respect true that Kings were never any where by the People of Israel thrust from the Throne for the revolt of the Ten Tribes from Rehoboham and their election of Jeroboham is plain down right abdication and deposing Besides we read how Athaliah Mother to Ahaziah invaded the Royal Chair after her Sons death possessing it and enjoying it for the space of six years and was in the end delivered up to be put to death by the Councel of Jehodada the High-Priest We read that Amaziah perished by the conspiracy of the Citizens of Jerusalem that those who had a hand in the murther did not suffer for the same as was the custom amongst the Jews for they usually punished their Servants or Ministers of State who imbrewed their hands in the King's Bloud which happened to not a few of them I must needs confess that they did not deal justly and according to the due course of Law but the Assassinates escaping scotfree proclaims aloud that such proceedings in taking away Amaziah was allowed of and acceptable to the People Again we learn from Holy Scripture that the management of the Common-wealâ—h was taken from Vziah by reason of his Leprosie and delivered to his Son Jothan Why should we mention those incomparable Heroes the Macchabes who carried on a War with prosperous event and greater glory against Antioâ—hus otherwise their Liege Lord and Sovereign And why because they opprest the Jewish Nation with unreasonable cruelty compelling them to the worship of Idols by severe Edicts and Pknalties What did not the Jews frequently make insurrections against the Romans under whose jurisdiction they were What was it moved the Romans to destroy the whole Jewish Nation to sack and race the City of Jerusalem but the high spirit of the Jews not brooking the Roman Yoke Salmasius indeed confesseth thus much That as soon as ever the Jews became subject to the Romans Government they did ever and anon rebel saith he as it were against their implacable Enemies and subverters of their Laws and Religion Nor do I ever perceive that the Jews mourned for the massacre of their Kings but rather bore it with a kind of indifferency and unconcernedness They did not rent their Garments nor put on Sackcloath nor throw Ashes upon their heads according as received Custom when any mournful Accident surprised them nay seldom or never performed any Funeral Rites by waising and lamentation of the violent death of their Kings What can we think of the silence of the Rabbies of that Nation who never so much as expatiated upon the Praises of the Sovereign forsooth and almost perpetual power of their Kings but on the contrary we learn from Salmasius That Moses Mâ—imonâ—des puts this difference between the Kings of Israel and those of Judah David 's Posterity that those of David 's Family should judge and be judged but that the Kings of Israel should not have the power of judging nor could be judged themselves neither and that Sechar had quoted several Testimonies to that purpose How come such a proud haughty Nation as they were and no small admirers of their Priviledges not to be proud of their Kings being inviolable For so far were they from entertâ—ining any such conceits concerning them that in case they should have found them tardy or committed the least offence against God's Ordinances they would have cited them before the Sanhedrim to be whipt with Rods as well as the High-Priests I shall subjoin two Passages in this place which may serve instead of a definitive and decretory Sentence and Determination to all those who suffer not their minds to be prepossest and hoodwinked by prejudice The first is that the creation of Kings is more than once ascribed to the People This may be gathered from the History of Saul of David of Solomon Azariah Josiah and others Concerning Rehoboham Salmasius frankly owneth The Kingdom now in its infancy saith he when Solomon the Kingâ—s death was once published and proclaimed all Israel being assembled to appoint his son King over them they complained to him c. What answer returned he to their just Petition Why he was so far from signifying any compliance with and favourable acceptance of their Petition that he positively threatned to lay heavier burthens upon them and denounced the punishment of them with Scorpions whom his Father only chastised with rods He that was not yet a King to threaten thus what would he have done if he had once gotten the Crown on his head I and after the Jews had mightily fallen away from their pristine glory and renown yet would they not resign up or be deprived of the priviledge of creating their Leaders For the Writer of the Book of Macchabees Lib. 1. cap. 13. gives us a relation of the Election of Simon the valiant Assoon as the People heard these words their spirits revived and they answered with a loud voice thou shalt be our Leader instead of Judas and Jonathan thy brothers fight thou our battles and whatsoever thou commandest that will we do Now what man so void of reason as to imagine that all they depended upon the absolute will and pleasure of Kings who conferr'd this Dignity Royal upon Kings What do the People reserve no right to the thing that they themselves create The other also we produce from Scripture which plainly forbids the doing wrong to the People for the Scripture teacheth us that they and Kings are bound and stand obliged to one another by the mutual and interchangeable Bonds of a Covenant All the Elders of Israel came together before the King in Hebron and David made a Covenant with them before the Lord in Hebron they first treated concerning the conditions upon which the Son of 〈◊〉 should have the Scepter bestowed on him and this Treaty was between Abnâ—r and the People in the first place Abner exhorts the people and puts them upon conferring the Kingdom upon David afterward he prevaileth upon them to gratifie his desire presently he hath recourse to