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

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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 t●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 ●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 suff●ciently demonstrate that these Officers and Estates have knowne how to make use of their authori●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 cea●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 ●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 wi●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 ●ale of prescription against it much lesse against the whole body of the people whose power transcends the
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
his own sinne That overthrow then did it not proceed for that the people opposed not Saul when he violated the Law of God but applauded that miserable Prince when he wickedly persecuted the best men as David and the Priests of the Lord. Amongst many other examples let us onely produce some few The same Saul to enlarge the possessions of the tribe of Iuda broke the publick faith granted to the Gibeonites at the first entry of the people into the land of Canaan Sam. 21. 1. and put to death as many of the Gibeonites as hee could come by By this execution Saul did break the third Commandement for God had been called to witnesse this agreement and the sixt also in so much as he murthered the innocent he ought to have maintained the authority of the two Tables of the Law and thereupon it is said that Saul and his house have committed this wickednesse In the mean time after the death of Saul and David being established King the Lord being demanded made answer that it was already the third yeare that the whole countrey of Israel was afflicted with famine because of this cruelty and the hand of the Lord ceased not to strike untill that seven men of the house of Saul were given to the Gibeonites who put them to death seeing L. crimen 26. D. de pae●is that every one ought to bear his own burden and that no man is esteemed the inheritor of anothers crime wherefore they say that all the whole people of Israel deserves to be punished for Saul who was already dead and had as it might seem that controversie buried in the same grave with him but only in regard that the people neglected to oppose a mischiefe so publick and apparent although they ought and might have done it Think you it reason L. Sancimus c. de paenis not any be punished unlesse they deserve it And in what hath the people here fayled but in suffering the offence of their King In like manner when David commanded Ioab and the Governors of 1 Sam. 24. 2. 2 Chron. 21. 2. Israel to number the people he is taxed to have committed a great fault for even as Israel provoked the anger of God in demanding a King one in whose wisdom they seemed to repose their safety even so David did much forget himselfe in hoping for victory through the multitude of his subjects for so much as that is properly Abacuc 1. 16. according to the saying of the Prophet to sacrifice unto their net and burn incense unto their drag a kind of abominable Idolatry for the Governors they seeing that it would draw evill on the people a little drew back at the first afterwards as it were to be rid of the importunity they made the enrolement in the mean season all the people are punished and not David alone but also the ancients of Israel which represented the whole body of the people put on sack-cloath and ashes the which notwithstanding was not done nor practised when David committed those horrible sinnes of murther and adultery Who sees not in this last act that all had sinned and that all should repent and finally that all were chastised to wit David that had provoked God by so wicked a commandement the Governors as Peers and Assessors of the Kingdome ought in the name of all Israel to have opposed the King by their connivencie and over weak resistance and all the people also which made their appearance to be enroled God in this respect did like a chiefe Commander or Generall of an army he chastised the offence of the whole camp by a sudden alarum given to all and by the exemplary punishments of some particulars to keep all the rest in better awe and order But tell me wherefore 2 King 24. 4. 2 Chron. 33. 10. Ier. 15. 4. after that the King Manasses had polluted the Temple at Ierusalem doe we read that God not only taxed Manasses but all the people also was it not to advertise Israel one of the sureties that if they keep not the King within the limits of his duty they should all smart for it for what meant the Prophet Ieremy to say the house of Iuda is in subjection to the Assirians because of the impiety and cruelty of Manasses but that they were guilty of all his offences because they made no resistance wherefore S. Austin S. August upon Psal 82. Ambro. in offic and S. Ambrose said Herod and Pilat condemned Jesus Christ the Priests delivered him to be crucified the people seem to have some compassion notwithstanding all are punished and wherefore so for so much as they are all guilty of his death in that they did not deliver him out of the hands of those wicked Judges and Governors there must also be added to this many other proofes drawne from divers Authors for the further explication of this point were it not that the testimonies of holy Scripture ought to suffice Christians Furthermore in so much as it is the duty of a good Magistrate rather to endeavour to hinder and prevent a mischiefe then to chastise the delinquents after the offence is committed as good Physicians that prescribe a diet to allay and prevent diseases as wel as medicines to cure them In like manner a people truly affected to true religion will not simply consent themselves to reprove and represse a Prince that would abolish the Law of God but also will have speciall regard that through malice and wickednesse he innovate nothing that may hurt the same or that in tract of time may corrupt the pure service of God and instead of supporting publick offences committed against the divine Majesty thay will take away all occasions wherewith the offenders might cover their faults wee read that to have been practised by all Israel by a decree of Parliament in the assembly of the whole people to remonstrate to those beyond Iordan touching the Altar they had builded and by the King Ezechias which caused the brasen Serpent to be broken It is then lawfull for Israel to resist the King which would overthrow the Law of God and abolish his Church and not only so but also they ought to know that in neglecting to performe this duty they make themselves culpable of the same crime and shall beare the like punishment with their King If their assaults be verball their defence must be likewise verball if the sword be drawn against them they may also take armes and fight either with tongue or hand as occasion is yea if they be August in Josh 23. q. 2. assailed by surprisalls they may make use both of ambuscadces and countermines there being no rule in lawfull war that directs them for the manner whether it be by open assailing their enemy or by close surprising provided alwayes that they carefully distinguish between advantagious stratagems and perfidious Treason which is alwayes unlawfull But I see well here will be an
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 ●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