is a Title that puts Children out of a Condition of setting themselves against him whose cruelty they have experience of But besides that there is a great deal of difference between these two Titles which is the ground of the difference there is between the Subjects and a King and the Children and a Father is it not notorious and practised every day that a Father who is become the Enemy of his Children is deprived of the administration of his Goods and of the disposal of his Children which practice being grounded on the Law of Nature doth not in the least violate the order of the Society Moreover it is certain that a Title how venerable so ever it may be cannot secure him that bears it from the resistance of those that are oppressed by him Let us conceive a Physician that has a design to Poison his Patient the Title of a Physician which has induced his Patient to commit the care of his Health to his trust can it hinder the Patient from prosecuting him as a Murtherer in case he resolv'd to take away his Patients Life instead of contributing to his Cure. We know that Divines look upon the Government of the Church as a Government instituted by God and immediately instituted by him and yet who knows not that they have deposed the Pope Bishops and Popish Priests by withdrawing themselves from their Dominion and that upon this Ground that tho there be something lawful in their Ministry yet they oppose themselves to the end of their Ministry by reason of the Tyranny which they exercised over their Consciences But some may imagine that because God has not expresly given this Right to People to cast off their Kings when turn'd Tyrants and that he has thought it sufficient to recommend Obedience to them he has thereby authorized all their unjust Proceedings and Violence without leaving any means to the People of opposing themselves against their Oppression by deposing them This is a meer Delusion and to see through it we need only consider God's Silence concerning the irregular comportment of the High Priest who notwithstanding was subject to the same Punishments as were the meanest Levites in case of his violating the Rules of his Institution and transgressing the Laws which God had given to all the People of Israel and to the Priests in particular Indeed it was not needful that God should prescribe any such thing to the People because Nature alone is sufficient to teach People aright they are possessed of by giving their Consent to the Elevation of the Powers that govern them In a word I say that God had sufficiently intimated to the Israelites that they could not lawfully be oppressed in that he had expresly forbid their Kings to heap up vast Riches or to multiply the Number of their Cavalry which the Kings could not do without violating the Law of God and without drawing upon themselves the Resistance and Opposition of their Subjects as Josephus very well infers who maintains Lib. 4. cap. 8. That the People ought of Duty to oppose themselves against a Prince who transgress'd the Bounds God had prescribed to him in the 17th of Deuteronomy But this Point leads us insensibly to consider more particularly what kind of Royalty it was that obtained amongst the Jews which deserves carefully to be examined This I intend next to consider and afterwards shall proceed to take a view what was the Law of Royalty among the Romans and shall make it appear that the Kingdoms of Europe which have been formed out of the Ruins of the Roman Empire have neither followed the one nor the other of these Models tho some Divines have asserted it without respect to Truth CHAP. IX Concerning Regal Dignity and the Rights belonging to it amongst the Jews I Am to make out four Things in order to the clearing of the Character of Royalty which obtain'd amongst the Jews The first is to enquire whether it was immediately established by God 2ly To shew that it was limited according to the Description we have of it in the 17th of Deuteronomy 3ly To evince solidly that all that Samuel declared concerning the Right of Kings was only a Prophecy about the Tyranny of Kings and not the Right of Royalty 4ly To make it appear that supposing that of Samuel's to be a Description of a Lawful Right yet that particular Settlement could not be of any Consequence to those Estates that had another Institution For the first I say that the Institution of some Magistrates amongst the Jews was by express and immediate Revelation from God Moses his Ministry and Authority was established and confirmed by miraculous Signs and Tokens as appears Exod. 3. And for the Judges of the People of Israel as may be seen in the 18th Chapter of the same Book But we find nothing like this in the establishment of the Kingly Authority amongst them For we do not find that God in the 17th Chapter of Deuteronomy enjoins the People to establish a King over them as the Jews themselves believe but only that he foresaw the disorderly Inclinations of the People who in Time to come would demand a King to rule over them in conformity to those of their Neighbour Nations A demonstrative Proof of what I say is because that God himself having declared himself solemnly to be their King in giving them Laws in leading their Armies c. they could not reject him without committing a great Sin. This is that which Gideon was very sensible of as appears by his absolute refusal of the Royal Dignity The same thing may also be gathered from the words of Samuel 1 Sam. 8. and of God himself I own indeed that when the People shewed themselves obstinately resolv'd to have a King there happened something of an immediate designation of Saul to that Dignity as may be seen 1 Sam. 10. for the Election was made by casting of Lots in the presence of Samuel to shew that the appointment of Saul was immediately from God. But for all this it continues a great Truth That the establishment of the Royal Power in Israel was an Act of the People and not an immediate Act of the Deity And we ought to give the more heed to what was immediate in the Institution because it is the Foundation of many particular Expressions we find in Scripture when it is said of the Judges of Israel Deut. 1.17 That their Judgment was God's Judgment That they are Gods Exod. 21.16 22.8 9 28. Psal 82.1 John 10.35 That God is with them in their Judgment 1 Chron. 19.6 All those Expressioâ—s refer to their immediate Divine Institution When the Scripture speaking of the Kings of Judea saith That Solomon sat upon the Throne of God 1 Chron. 29.23 that is to say that God had placed him on the Throne of Israel which God himself was possest of till their demanding a King of Samuel 2 Chron. 9.8 When it calls them the Kings of God 1 Sam.
because he was his First-born 2 Chron. 21.3 All which evidently proves that both Kings and People supposed themselves to have right from the Divine Graunt or Concession for the Establishment of Kings to regulate the Rights of Royalty and the Questions depending thereon according to the Maxims of Political Prudence and the Rights of Nations Neither do we find that Samuel grounds his Discourse on any other Principles or that he supposes that Kings ought to be invested with a boundless Power as some imprudently do imagine See in what manner he expresseth himself to diswade the Jews from their importunate Demand to have him settle a King over them 1 Sam. 8.1 2 3 4 5 to the end And it came to pass that when Samuel was old that he made his Sons Judges over Israel But his Sons walked not in his ways but turned aside after Lucre and took Bribes and preverted Judgment Then all the Elders of Israel assembled themselves together and came to Samuel unto Ramah and said unto him Behold thou art old and thy Sons walk not in thy ways now therefore make us a King to judg us like other Nations But the thing displeased Samuel when they said Give us a King to judg us And Samuel prayed unto the Lord and the Lord said unto Samuel Hearken unto the Voice of the People in all that they say unto thee for they have not rejected thee but they have rejected me that I should not reign over them According to all the Works which they have done since the day that I brought them up out of Egypt even unto this day wherewith they have forsaken me and served other Gods so do they also unto thee Now therefore hearken unto their Voice howbeit protest solemnly unto them and shew to them the manner of the King that shall reign over them And Samuel told all the Words of the Lord unto the People that asked of him a King and he said This will be the manner of the King that shall reign over you he will take your Sons and appoint them for himself for his Chariots and to be his Horsemen and some shall run before his Chariot and he will appoint him Captains over thousands and Captains over Fifities and will set them to ear his Ground and to reap his Harvest and to make his Instruments of War and Instruments of his Chariots and he will take your Daughters to be his Confectioners and to be his Cooks and Bakers And he will take your Fields and your Vine-yards and your Olive-Yards even the best of them and give them to his Servants And he will take the tenth of your Seed and of your Vineyards to bestow it upon his Officers and his Servants And he will take your Men-Servants and your Maid-Servants and the goodliest of your young Men and your Asses and put them to his Work. He will take the tenth of your Sheep and ye shall be his Servants And ye shall cry out in that Day because of your King which ye shall have chosen you and the Lord will not hear you in that Day Nevertheless the People refused to obey the Voice of Samuel and they said Nay but we will have a King over us that we also may be like all the Nations and that our King may judg us and go out before us and fight our Battels And Samuel heard all the Words of the People and he rehearsed them in the Ears of the Lord. And the Lord said unto Samuel Hearken unto their Voice and make them a King and Samuel said unto the Men of Israel Go ye every Man unto his City 'T is obvious to observe from this account 1st That the Injustice and Miscarriage of Samuel's Sons was the cause why the Jews demanded a King to be set over them 2ly That their Demand is couch'd in those terms that make it evident they desired to be governed after the manner of their neighbour-Neighbour-Nations 3ly That this their Demand was displeasing to Samuel 4ly That God look'd upon it as a Contempt of himself and a casting off of his Authority for the Reasons before alledged 5ly That God strictly enjoyns Samuel to protest and declare unto them how they must expect to be treated by the Kings that should reign over them 6ly That Samuel in this his Declaration delineates to them the compleat Pourtraiture of a Tyrant rather than of a King to affright the People from the Demand they had made and that as a Prophet he foretells the things should happen to them under the Government of their Kings 7ly That he represents to them the Miserie 's annex'd to Royalty as their Bondage in Egypt and the several other Servitudes which had forced them to cry unto God but denounces to them that God to punish them for this their Rebellion against him and their Contempt of his Administration would not hear them 8ly That the People dazled with the Lustre of Royalty and the Advantages they thence promised to themselves in time of War notwithstanding this Remonstrance persevered in their Demand 9ly That finally therefore God commands Samuel to give way to their Request and to set a King over them according to their Desire This in short is the sense which Josephus gives of this History Antiq. lib. c. 4. From whence it is evident that the Synagogue never believed that God had granted to the Kings of Judea any of those Tyrannical Rights which some would appropriate to Kings from these Words Hoc est jus Regis Josephus makes out that what is said 1 Sam. 10.25 that Samuel wrote the Right or rather the Manners and Behaviour of a King in a Book and laid it up before the Lord was done by him for this end that the People for time to come might know that he as a Prophet had in this his description of the Manners of a King Ibid. cap. 5. foretold them all the Calamities and Miseries that would overtake them under a Monarchy chang'd into Tyranny that thereby they might be induc'd to Acknowledge their unthankfulness towards God and their Folly in being so earnest for a King as often as they should cast their Eyes on this his Prophecy I know that some to assert the unbounded Power of Monarchs have endeavoured to prove from these Words of the vulgar Latin Translation hoc est jus Regis that the Monarchical Government amongst the Jews was of this Nature and that therefore Samuel does not represent the Kings here as subject to any Laws or Punishments which it seems he consequently ought to have done after that he had declared their Conduct and Behaviour as absolutely contrary to the Rights of the Society But as I have already before observed never was so weak a Foundation made use of whereon to raise such vast Pretensions as may be easily made out so as to convince those who make use of an improper Translation both to delude themselves and to abuse others about a Question which is of so great Importance
Psal 18.50 and his Anointed Ones 2 Sam. 22.51 which Title is given to Saul as well as David and Josiah all those Expressions respect God's Establishment of Kings after that the People had earnestly and obstinately demanded to be govern'd by their Ministry As to the second Head which respects the Laws that God prescribes to the Jews to regulate the Choice and the Conduct of their future Kings set down by Moses in Deut. 17. v. 14 15 16 17 18 19 20. We may therein observe these two things 1st That God supposeth that forasmuch as they would some time after set up a King over them they would also suppose it lawful for them to prescribe to the Royal Power the Form and Rules which their neighbour-Neighbour-Nations amongst themselves had set to that Form of Government 2ly That God leaving to the People the natural Right of limiting the Royalty amongst themselves according to their own liking and fancy or for giving it more scope and liberty as their Neighbours had done only thought good to prescribe to them these Rules and Limitations 1. God limits their choice as to the Person of a King that he must be one chosen by himself 2. They might not choose a Stranger 3. He do's not allow the King to multiply Horses 4. Nor to lead back the People to Egypt 5. Nor to have great store of Wives 6. Nor to heap up vast Riches 7. He enjoyns him to study the Law of God and have it always with him to observe and keep it And 8. To do Justice equally to all without distinction These are the Laws which Josephus hath compendiously set down Lib. 4. cap. 8. p. 123 after Philo in his Treatise concerning the Creation of the Prince Now it is natural and obvious to conclude from all this 1. That God doth not in that place proscribe a plat-form of a Monarchy for the Government of the Jews but only supposeth that the Jews being desirous of Monarchy would be apt to borrow the Model of it from the Neighbour-Kingdoms 2. That in prescribing some Rules concerning the choice and behaviour of a King he endeavors to prevent the State of Israel from falling into the Inconveniences into which their neighbour-Neighbour-Nations had cast themselves by allowing their Kings or at least suffering them to take too great a Power and Authority whether in Matters of State or Religion 3. That he supposeth that the People ought to oblige the King to observe these Laws of God and that they might oppose themselves to Princes who at any time should have the boldness to violate them as Josephus expresseth himself in the place quoted before 4. That he allows the People of Israel the same Rights to oppose themselves against the unjust Enterprizes of their Princes turn'd Tyrants which other Nations were possest of against their Princes when they abused their Authority the Reason why People desire a King being that he may Judg and Govern them not that he should Destroy them by playing the Tyrant It is of importance to make these Observations because it appears that in all this God did so far accommodate himself to the Design of the Jews that he never pretended to carry his Laws any farther for we see he does not speak to them concerning the Manner how they ought to behave themselves when they should be attak'd or subjugated by Foreign Powers as supposing that common sense would be sufficient to instruct them that in those Cases they were to follow the Example of other Nations who bore patiently the Yoke of the Prince that conquer'd them These things thus laid down it clearly appears that God set Bounds to the Royal Power long before he established any King in Israel and that the Jews could not but believe that Kings had another Law set them than that of their own Wills. Indeed we see 1st That this Institution did not at all derogate from the Rights of the People to choose their own Kings under certain Conditions and by a form of Treaty Compact or Capitulation We find that the Election of Jephtha Judg. 11.10 clearly supposeth this as likewise afterward the same may be seen in the Election of Saul David and Solomon 1 Chron. 28.8 and 1 Chron. 29.24 We find that Ishbosheth was brought into the Camp by Abner only to show him to the People that they might consent to the choice of him 2 Kings 2.9 2ly Though this Institution seem to be immediate yet did it not at all hinder or prejudg the Peoples Right of making Treaties and Capitulations with their Prince and consequently of rejecting them when at any time they should invade or violate the said Rights and Capitulations And of this we have an illustrious Example in the Sons of Samuel whose ill administration gave the Jews an occasion to demand a King by which means Samuel himself was as we may say obliged to renounce his Power as Judg which notwithstanding he had received immediately from God himself 3ly How immediate soever the Kings of Juda may have been established by God yet they never had the Character of an Arbitrary and unbounded Power as is suppos'd by those who would infer that because Monarchy was instituted by God the Power of him that is invested with it cannot be justly limited neither can for any Misdemeanour whatsoever be deposed To make it more sensible and evident we need only take notice of what the Scripture tells us in several places 1st They could not alienate the Lands and Countries that belonged to the State to any Strangers neither could they take them from their Subjects by way of Truck or Exchange as appears from that History of Naboth 1 Kings 21. 2ly They could not invade the Sacerdotal Functions as is apparent from the History of Vzzia who was boldly and couragiously resisted by the High Priest Azaria and his Colleagues 2 Chron. 26.18 3. They could not constrain the Levites to go to War that Tribe being excepted from all the rest who were subject to that Service as Abulensis owns it 1 Kings 9.22 4. They could impose no Tributes but in case of Necessity and with the consent of the People and those who have undertaken to do otherwise have been censured therefore by the Prophet Mic. 3.1 Not to mention that the excessive Tributes Solomon imposed on the People were the cause of the ten Tribes shaking off Rehoboam's Yoke 1 Kings 12.3 4ly I say that though God had seemed to fix the Royal Dignity to one Family to wit that of David yet was it not so bound up that the Succession must always pass from the Father to the eldest Son and not to the younger Thus we see that Solomon was preferred to Adonijah by David by the consent of the People Thus Rehoboam designed to settle the Succession upon Abijah the Son of Maachah as thinking him most fit for Government though he had elder Brothers 2 Chron. 11.22 Jehoshaphat on the contrary preferred Jehoram to the Succession before all his other Sons
Was there any thing like to this in the advancement of David to the Royal Dignity Secondly Is it not visible that in order to an immediate Establishment from God there is required an express Revelation such as may be equivalent at least to a publick declaration of his Will in favour of him whom he will set on the Throne Thus things were carried with respect both to Saul and David and who will affirm there is any King now in the World that has attain'd the Regal Power after this manner If there be any let them acquaint us with his Name and the manner of God's revealing himself to the People to make them know that he immediately made choice of such a Person to supply that Place Thirdly Who sees not that the whole Discourse of these Divines is nothing but a continual Equivocation An Office is instituted immediately by God wherefore all that are called by ordinary ways and methods are immediately established in it by God. I had as lief they should tell me That because Marriage derives its first institution and beginning from God in the Person of Adam and Eve whom God joyned to Adam That therefore all Marriages are made immediately by God and that he is the immediate Author of them The one is every whit as reasonable as the other and in the mean time the second is absolutely false The Author of Ecclesiasticus saith Chap. 7.16 That the Art of Tilling the Ground was created by God Doth it follow from thence that God hath immediately setled such and such a one in the Calling of Husbandry Fourthly If all Sovereign Magistrates desire their Institution immediately from God how is it that we find so great a diversity in the Form of these Sovereign Governments In some States we find Kings in others Aristocrasies or Democrasies Doth not this variety make it evident that though God indeed have instituted Magistracy in general yet he hath left it to the People to determin the Form of it according to their Need their Inclinations and the Circumstances wherein they find themselves Fifthly Doth it not most evidently appear That if the Person were immediately instituted by God it would be great folly for any Society to trouble themselves about enacting Laws for a Free Election at every Change or to establish it by way of Succession in Monarchies If God establisheth all Sovereign Magistrates immediately to what purpose are all those Rules and Limitations which by their variety afford us a sufficient demonstration that this Institution is not an immediate effect of the Deity The Philosophers were fully of this Opinion as we may see in the Books of Aristotle's Policy where he makes out That the cause of the various sorts of Governments that are in the World is nothing else but the different Judgments of the People concerning the several sorts and manners of Government Some of which have chosen one Form to avoid the Inconveniencies they foresaw and apprehended from another and others again being induced to embrace that Form by the advantages they discerned in it rather than another This is a matter we ought to mind very carefully that we may not put a ridiculous sense upon some Expressions of the Antients when they speak of Magistracy as founded in the Law of Nature The Lawyers agree with the Philosophers in this Point Vlpian and Justinian both of them tell us That the People of Rome bestowed upon the Emperor Augustus by the Royal Law all the Right and Empire by which they were subjected unto that Emperor lib. 1. ff de Constit Princip Theophilus explains what properly a Prince is in these terms A Prince saith he is a Person who has received from the People the Power of Commanding and Ruling over them § 6. de Jure Natur. Gent. The Canonists of the Church of Rome are no less express in this Matter than the Philosophers and Lawyers Cardinal Bertrandi lays it down for his Foundation in his Treatise of the Civil and Ecclesiastical Power Bibliotheca Patrum which was copied by an English Monk and is found among the Manuscripts The Divines of that Communion make a Principle of it as appears by the Discourse of the Archbishop of Burgos which I have before cited And Soto saith lib. 4. de Just Jure Regalem potestatem Populi naturali lumine erexerunt That the People by the Light of Nature established Kingly Power M. de Marca owns That the Canonists of his School do not favour his Opinion but withal maintains That they have fallen upon the Opinion contrary to his that they might make a greater difference between the Civil and Ecclesiastical Power than there is indeed and to depress the Civil Power below the Ecclesiastical He might also have alledged against the Divines of his School That in this Question they relied too much on the Judgment of Aristotle who was their St. Paul until the times of the Reformation However that which M. de Marca declares as his Judgment concerning this Matter is too generally spoken For we see Marsilius of Padoua following the same Principles in his Defensorium Pacis though he undertook the Defence of the Emperor Lewis of Bavaria against the Enterprises of the Pope but however he pretends That the Scripture and Antiquity furnish us with quite other Notions about this Matter which we shall next make it our business to enquire into CHAP. IV. An Examination of the Arguments which are alledged for the Proof of this Opinion HE alledges only two places of Scripture the one is that of St. Paul Rom. 13. and the other is taken from the Sixth Chapter of the Wisdom of Solomon which is an Apocryphal Book but neither the one nor the other proves the thing he pretends It appears by the former of these Texts That the Apostle endeavours to oppose the Opinion of those among the Jews who pretended That because the Monarchies or States of the Heathens had not an immediate Institution from God as that of Israel to which God had in a particular manner subjected the Jews that therefore they were not obliged to submit themselves to the Authority of Heathen Magistrates Wherefore he points them from that immediate Institution made in favour of the Kings of Judea to that common and more ancient Institution of Magistracy among the Posterity of Noah which Moses sets down Gen. 9. as being sufficient to make the Authority of Magistrates respected whatsoever Nation or Religion they might be of whether they deriv'd their Power from the Consent of the People or whether they had obtained it by Robbing the lawful Sovereigns of their Authority as the Romans had done with respect to the Kings of Judea In a word the Apostle in that place intends nothing else but to authorize the Maxim of the Essenians as it is related by Josephus lib. 2. de Bello Jud. cap. 12. Fidem omnibus servare maxime verò principibus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be faithful and true to all Men
own preservation and that of the Society whereof we are Members we may easily judge That in case the Scripture does assert it we must suppose it has done it with all possible clearness and distinction but we do not find any such thing I find but one place in the Old Testament which can be wrested to this purpose with any probability 't is the Description of the behaviour of a King set down 1 Sam. 8. 10. where the vulgar Translation interprets Mispath by the Word Right hoc est Jus Regis But I am astonished how any could be mistaken in this case For First It appears that God in that place gives us the Description of a Tyrant and not of a King for indeed we find nothing like to it in the Description he gives us of a King by Moses Deut. 17. Which appears to be so because Samuel held forth this Looking-glass to them to make them quit their demand of having a King set over them as the rest of the Nations about them Secondly It is apparent that what he saith of their crying to the Lord when oppressed by their King would have been most ridiculous supposing the King to have these Rights from God and by his Concession When Moses tells the Jews That they should cry unto the Lord when they should be oppressed by their Neighbours waging War against them because of their forsaking of the Lord Does he not plainly suppose That they would do this to obtain his Protection against the injustice of those Tyrants And can any one be supposed Fool enough to imagine that according to God's Intention it was unlawful for the Israelites to defend themselves against the Moabites Philistims and other Nations that oppressed them Thirdly It is evident that this supposed God could not in Justice punish a Tyrant or if he did it would be for making use of a Right himself had conferred upon him This reason made R. Juda to oppose R. Jose as Kimki observes upon this Text. The same is also acknowledged by the wisest of Divines Marchat in horte Pastorum Lib. 3. Tr. 4. Lect. 13. explains himself thus Hoc est jus Regis idem est ac si diceret Haec est consuetudo Regum This is the Right of a King is the same as if he had said This is the Custom of a King Jus Regum Jus non legitimum sed usurpatum Estius Samuel speaks there not of a lawful Right of Kings but of an usurped and arrogated Right and the same is the Opinion of Cornel. à Lapid and the Jansenists of Port Royal. After all that has been said it is natural to observe That forasmuch as all the several kinds of Government are no less founded on Divine Authority than the Kingly yet according to this Hypothesis none of them would be invested with this Right so fatal to Society but Kings only which certainly is the worst Argument they could have lighted on to recommend a Government which God by his own institution has constituted a true Tyranny The second place is that of St. Paul Rom. 13. where the Apostle forbids resisting of the Powers for fear we should resist the Ordinance of God. But we are to take notice that the Apostle in that place does not in the least touch this Question Whether it be lawful to resist the Poâ—ers when they endeavour to overthrow the Government First He considers the Powers in the lawful use of their Authority punishing the Evil and protecting the Good. Now it is ridiculous to suppose that the same Priviledge that appertains to him who makes a lawful use of his Authority is every whit as applicable to him who has lost his Title by the abuse of his Power Rex saith St. Isidore à recte agendo dicitur si enim piè justè misericorditer agit merito Rex appellatur si his caruerit non Rex sed Tyrannus est A King has his name from acting right and well for if he acts piously justly and mercifully he is deservedly called a King but if he want these qualifications he is no King but a Tyrant Addit 2. ad capit Carol Magn. cap. 21. Secondly This would suppose the Powers that act under Sovereigns to be every whit as irresistible as the Sovereigns themselves which is an extravagant position in the sense of all Modern Divines Besides we are to observe that Sovereigns with their Power are only the Organical chiefs of the Society the true head or chief is the Principality with its Members which are the integral parts of it This is the same that was acknowledged by Charles Moulin the Prince of French Lawyers and the great defender of the Kings of France and their Authority Upon this account it is that the People have right to prosecute the misdemeanours of the King's Attornies and Ministers and to punish them which would be strangely ridiculous if the State were not perswaded that all the Power they have is a power received from the State thô the King have the Power to elect and raise them to those Employments It is apparent therefore That these words of St. Paul only have an eye to the repugnance the Christian Jews had to submit themselves to the Dominion of Heathens This was the Opinion of the Pharisees who tempted Jesus Christ upon occasion of the Tribute which the Emperor levied in Judea Josephus shews that the Essenians opposed them in this point and St. Paul here takes the Part of the Essenians And indeed we do'nt find that the Christians did any way oppose the Decree of the Senate when they declared Nero The Enemy of all Mankind We find also that the Christians of Tertullian's time and those that followed after did very well agree with the Sentiment of Heathen Authors about the Justice of the People's or Senate's resistance against such Tyrants as is apparent from Lactantius de Montibus Persecutorum and the like may be seen in Eusebius Orosius and in St. Augustine de Civit. Dei. But I can say more than this viz. That the Scripture is so far from teaching the Doctrine of Non-resistance to an unjust Power and that violates the Laws that she represents to us contrary Examples with commendation and sufficiently intimates that we rather sin in not resisting For don't we see David taking up Arms to defend himself against Saul Don't we see him offering Achish to fight for him against Saul notwithstanding he was his Father-in Law Don't we see the Ten Tribes opposing themselves against Rehoboam upon his declaring for Tyranny and Arbitrary Government Let us take the pains heedfully to consider the carriage of the High-Priest and his Collegues when King Vzziah presumed to exercise the Functions of the Priesthood in offering Incense and it will plainly appear they did not think it unlawful to resist Sovereign Authority when it goes beyond its bounds 2 Chron. 26.17 Azariah the High-Priest follows him with fourscore Priests all valiant men drives him out of the Temple
St. Austin speaks lib. 3. confess c. 8. yet it is no less notorious that this Compact doth not respect Tyrants Accordingly we see that the wisest of the Emperors did so little believe that it was lawful for them to govern arbitrarily that Trajan in favour of whom the Royal Law was renewed at the time of his exaltation to the Empire addresseth himself in these words to the Prefect of the Praetorium Accipe hunc gladium pro me si rectè agam sin aliter in me magis quod moderatorem omnium errare minus fas sit Take this Sword and use it for me in case I rule well but if not rather against me because it less becomes him that rules over all than it does others to commit an Error Dion Aurel. Victor 2ly That the Emperors who were most renowned for Vertue did never affect to publish any Laws of their own Heads till after they had got them approved by the Senate This is that which Lampridius records concerning Alexander Severus and we see the same practis'd by Theodosius l. Humanum C. de F. But whatever this Royal Law may have been sure it is 1st That the same was abolished together with the Roman Empire which ended in the West with Augustulus 2ly That it ceased in the East with the Emperors of Constantinople 3ly It is certain that they who ruin'd the Empire in the West did never adopt this Royal Law to govern their Subjects by that Arbitrary Rule 4ly It is also certain that the Princes who since the Year 800 have succeeded Charles the Great and who have taken to themselves the Names of Roman Emperors did not govern according to this Law nor ever pretended that that Law ought to be observed in favour of them under pretence of their bearing the Title of Roman Emperors This is that which I believe it will be of use solidly to evince though I intend to do it very compendiously that I may not tire the Reader CHAP. XI That the States of the West and of the North never knew this Royal Law. THough the People of the West allow'd their Princes the Title of King yet it may be averr'd that the most part of those Kingdoms which had their Rise from the Ruins of the Roman Empire never owned this Royal Law. The Power of their Kings was originally limited as Caesar witnesseth in his Commentaries concerning the German Kings which were to speak properly only Commanders or Generals I make particular mention of the Germans because for the most part they were the Founders of the Northern and Western Kingdoms Germany having been as it were the Nursery from whence have proceeded most of those Nations who at this Day have any Name in Europe See what Tacitus asserts concerning the German Kings Nec Germanorum Regibus infinita aut libera potestas est de minoribus rebus Principes consultant de majoribus omnes Rex aut Princeps auditur Authoritate suadendi magis quam jubendi potestate si displicuit sententia fremitu aspernantur Neither is the Power of the German Kings altogether free or unbounded Matters of lesser Moment are left to the Advice of the Princes but those of greater Concern are debated by the whole Society they hear the King as one having Authority to persuade rather than any Power to command them and if his Sentiments displease them they are rejected with boldness Caesar gives us much the same portraicture of the Kings of the Gauls And that their Successors who tore the Roman Empire to pieces have retained this Form of a Limited Monarchy is Matter of incontestable Evidence to every one that will take a little pains to peruse the Histories of those Nations to run over their Laws and take notice how they have carried it towards their Kings when-ever they fell to Tyranny They who would be informed how far the Power of the Gothick Kings in Spain was limited need only to cast their Eyes upon the account which Gregory of Tours gives us Lib. 2. cap. 31. concerning this Matter and upon their History in the Chronicle of St. Isidorus We have the fundamental Laws of their Kingdom set down by Molina de Hispan Primogenit Cap. 2. N. 13. But this appears yet more clearly from the Body of their Laws which is still extant and published by Lindenberg 1st It appears that their Laws were enacted ex universali consensu Civium Populi by the universal Consent of the Citizens and People Lib. 1. Tit. 7. 2ly It appears that the Kings were no less obnoxious to the Laws than the Subjects themselves Lib. 2. Tit. 2. 3ly It appears not that the Romans Laws and much less their Royal Law had any Authority amongst them Lib. 2. Tit. 9. 4ly It appears that their Kings had not so much as the Power to pardon Crimes without the consent of the Bishops and chief Lords Lib. 6. Tit. 7. Lastly It is evident from their History that their Kings were liable to be deposed by the States when ever they went about to transgress their Bounds and tyrannize over their Subjects I confess that the Council of Toledo IV. in their last Canon thus express themselves Quicunque amodo ex nobis vel totius Hispaniae populis qualibet conjuratione vel studio sacramentum fidei suae quod pro Patriae Gentisve Gothorum statu vel conservatione Regiae salutis vel incolumitate Regiae Potestatis pollicitus est temeraverit aut potestate Regni exuerit aut praesumptione Tyrannicâ Regni fastigium occupaverit Anathema in conspectu Dei Patris Angelorum atque ab Ecclesia Catholica quam perjurio profanaverit efficiatur extraneus ab omni Coetu Christianorum alienus cum omnibus impietatis suae fociis quia oportet ut una poena teneat obnoxios quos similis error invenerit implicatos Whosoever from this time forwards either of us or of any of the People of Spain shall by any Conspiracy or Attempt break the Oath of his Fidelity he has taken for the welfare of his Country and the Gothick Nation the conservation of the King's Life and maintenance of the Royal Power or who shall deprive him of his Kingdom or by a Tyrannical Presumption usurp the Throne let him be Anathema in the sight of God the Father and the Angels and be cast out from the Catholick Church which he has profaned by his Perjury and be turn'd out of all Christian Assemblies with all the Complices and Associates of his Wickedness because it is but fit that all they should be liable to the same Punishment who are involved in the same Crime The same is repeated in the Council of Toledo V. cap. 1. and in the Council of Toledo X. Cap. 2. But we may affirm with truth that those who have worn this Canon threadbare by their frequent citing of it did either not understand it or changed the sense of it to impose upon and delude others Wherefore let those that read these words well observe
Truth We need only to lay open the nature and antient Power of the States General with the manner of their Behaviour towards those Kings who abused the Power committed to them to make it evident that the French Monarchy is limited in its Constitution Under the first and second Race of the Kings of France there was no mention of any Assembly of the States General but only of the Franks that is to say the Nobles and Prelats who were used to meet together on the first of May in the open Field where they deliberated with the King concerning matters of Peace and War and took Resolutions of what was to be done all the Year after After the breaking up of this Assembly the Court of the Royal Palace otherwise called the Court of France composed of the Prelats and Great Barons that is to say the immediate Vassals of the Crown met together five or six times a Year to take care of the Execution of what had been resolv'd upon in the General Assembly to deliberate about publick Affairs that offer'd themselves and to determine as Judges the most important matters of private Persons Under the declination of the 2d Race the Governours of Cities and Provinces having made themselves Hereditary Lords of the places of their respective Governments under the Title of Counties and Dutchies cut themselves large Portions out of the Soveraign's Lands by which means the Court of France was no more frequented by the Lords except only when they were obliged to do Hommage and take the Oath of Fidelity or when an Enemy invaded France for then they presented themselves before the King to advise about the present necessity This Disorder continued until the Reign of Philip Augustus who having conquer'd Normandy and the Counties of Tourain Anjou Maine from John without Land King of England and the Country of Vermandois from the Earl of Flanders restored in some manner the Royal Authority and forced the Barons to frequent his Court and to be present at the Assemblies he called for the Affairs and Necessities of State. Nevertheless those Assemblies consisted only of the Prelats and Barons and this till the Reign of King John some Authors say of St. Lewis who being taken at the Battle of Poictiers and carried to England they were forc'd to raise a great Sum of Money for his Ransom and to this End they appli'd themselves to the Merchants and other Inhabitants of Cities who were then the richest Men of the Kingdom who agreed to pay the King's Ransom upon condition that they might be received into the Charges and Offices as well of Peace as of War and be allowed to have a Place and deliberative Voice in the States-General which was accordingly granted to them The Power and Prerogative of the States-General was such that the Kings of France could not make any new Levies of Mony without them Which continued so till the Reign of Charles VII as is acknowledged by Philip de Commines Lib. 6 c. 7. Neither could they make any new Ordinances nor repeal or suppress the old without the consent of the said States as is owned by Davila lib. 2 de li Guerri Civili Under the First and second Race of the French Kings the Ordinances were likewise made in the Assembly of the Prelats and Barons which constituted the Soveraign Court of France 't was there the Treaties of Peace were made between the Kings of France and Foreign Princes and Nations the Portions of the Children of France were there regulated there they treated of their Marriages and generally of all that concern'd the Affairs of State of the King's Houshold and the Children of France The Ordinances that were made in the said Assemblies in the Name of the Kings of France were conceived in these Terms Nos de consilio consensu Procerum nostrorum statuimus c. We with the Advice and Consent of our Lords do ordain And from hence is derived the Custome observed at this Day of verifying the Royal Edicts in the Parliament of Paris which in some sort represents the Assembly of the Prelats and Barons who composed as we have said the Soveraign Court of France In the Treasury of the French Kings at Chartres are found several Treaties between King Philip Augustus and Richard and John without Land Kings of England at the bottom of which are the Seals of the Prelats and Barons by whose Consent and Approbation the said Treaties had been made And Pope Innocent VI having sent to entreat St. Lewis that he would be pleas'd to permit him to retire into France to secure himself from the attempts of Frederick II. the said King answered the Popes Nuncio that he would communicate the Matter to his Parliament without whose Consent the Kings of France could do nothing of Importance This is related by Matthew Paris in the Life of Henry the III. King of England ad Annum 1244. We find also the manner how the States determined all Affairs respecting the Crown and Succession as for Example the Process which was between Philip de Valois and King Edward In this Assembly of the States saith the Chancellor de l' Hospital was Tried and Debated the most Noble Cause that ever was viz. To whom the Crown of France did belong after the Death of Charles the Fair to Philip of Valois his Cousin or to Edward King of England King Philip not presiding in that Assembly because he was not yet King and besides was a Party It appears clearly from the Power of the States General That the Power of the King of France is bounded by Law indeed this is a Truth whereof we cannot make the least doubt forasmuch as we find it acknowledged by Lewis XI the most unbridled Monarch that ever was See what he writes in the Rosary of War composed by him a little before his Death for the use of Charles VIII his Son. When Kings or Princes saith he have no respect to the Law they take from the People what they ought to leave them possest of and do not give them what they ought to have and in so doing they make their People Slaves and thereby lose the name of a King. For no body can be called a King but he that rules and has Dominion over Free-men This thing was so notorious even to Strangers themselves that Machiavel maintained that the Stability of the Monarchy of France was owing to this because the Kings there were obliged to a great number of Laws which proved the Security and Safe-guard of all their Subjects Lib. 1 di Discorsi c. 16. Messire Claudius de Seissel in his Treatise of the French Monarchy part 2. chap. 12. dedicated to Francis I. maintains upon this account That the Monarchy of France does partake of Aristocrasy which makes it both more perfect and durable Yea he asserts that it was also in part Democratical and expresly maintains that an absolute Monarchy is no other than true Tyranny when it is made use of
Aristocrasy and Democrasy That the Kings can do nothing without the States General which are the very same things with our Parliaments That the Judges are the Peoples Officers That the words so much abused Such is our Pleasure signify only This is the Decree of our Courts of Judicature That they have no Right to levy any Impositions without the Consent of the States and many other Articles of that Nature CHAP. XV. That the Royalty of England never had any other form than the rest of the Northern and Western States I Have insisted the longer to shew how the Royalty was limited in France because the most part of our Modern Writers seem to have had in their aims to reduce our Monarchy to the Form of that Kingdom as supposing that it would have been a most glorious and advantageous Thing for our late Kings to transform them into so many Lewis's XIV that is to say to change us into Slaves and our Princes into Tyrants I shall say nothing of the Royalty in Scotland nor of the Bounds have been always set it by the Fundamental Laws of the State. There has been lately so much writ concerning this Matter to justify the Proceedings of the Convention of that Kingdom that it would be of no use to repeat it here And for the same reason I shall excuse my self of the trouble of treating what concerns the Limitation of the Royalty in England so largely as the Subject seems to deserve however what I shall say will be sufficient to make it appear that Royalty has been always on the same foot in that Kingdom as it is still in the other Western Kingdoms If we consider the most remote times that History gives us any account of we shall find that the Saxons as to the Power of their Kings followed the Example of the Ancient Germans whose Authority if we may believe Caesar and Tacitus was altogether limited and restrain'd We find in the Mirror of Justices cap. 1 2. that the first Saxons created their Kings that they made them take an Oath and that they put them in mind that they were liable to be judged as well as their meanest Subjects After that the Right of Succession was received in England yet it never deprived the English People of the Right of choosing their Kings This is evident from the Form of the Coronation published by Hugh Menard at the end of the Book of Sacraments of St. Gregory p. 278. which Form was as follows After they had made the King promise to preserve the Laws and the Rights of the Church we read these words Deinde alloquantur duo Episcopi populum in Ecclesia inquirentes eorum voluntatem si concordes fuerint agant gratias Deo Omnipotenti decantantes Te Deum laudamus Then let two Bishops speak to the People in the Church and demand their Will and Pleasure and in case they do agree let them give thanks to Almighty God singing We praise thee O Lord. And pag. 269 270 We pray thee most humbly to multiply the gifts of thy Blessings upon this thy Servant whom we chuse to be our King viz. of all Albion and of the Franks That the Kings of England are as well bound by their Oath as their Subjects appears by the confession of Henry III upon occasion of one of his Councellors of State pretending that he was not obliged to preserve the Liberties of the Nation as being extorted from him expressing himself in these terms recorded by Mat. Paris under the Year 1223. Omnes libertates illas juravimus omnes adstricti sumus ut quod juravimus observemus pag. 219. All these Liberties we have sworn to and we are all bound to observe and make good what we have sworn English Men were always so well perswaded of this Truth that in their deposing of Richard II they thought they had done enough to prove That the King had forsworn himself by the Oath he had taken having broken several of the Articles he had promised to his Subjects by Oath to observe as we may see in the Acts of his Deposal recorded in the Chronicle of Knighton James the First was convinced of this when he told the Parliament of 1609. the 21st of March That the King is bound by a double Oath tacitly as being King and so bound to protect his People and the Laws and expresly by his Coronation Oath so as every just King is bound to preserve that Paction made with his People by his Laws framing the Government thereunto and a King leaves to be a King and degenerates into a Tyrant as soon as he leaves off to govern by Law. For what concerns the Laws we find that the Kings alone had not the Authority of making them King Edwin published his Laws Habito cum Sapientibus Senioribus Consilio with Advice of the Wise Men and Elders Ina King of the West Saxons did the like The Laws of Alfrede were made after the same manner Ex consilio prudentissimorum atque iis omnibus placuit edici eorum omnium Observationes As for the Government of the State we find that the Parliaments met and that their Meetings were fix'd once a Year by Alfred which was renewed by Edward II by two Laws Moreover the King was obliged to assist at them in case he was not sick and nothing but his Sickness could dispense with his Attendance That English-men never believed that the King of England could violate the Laws and overturn the State at his Pleasure without making himself thereby liable to punishment clearly appears from the Laws of St. Edward and by the manner of holding Parliaments confirmed by William the Conqueror and printed by the care of Dom. Luc. D'achery in the 12 To me of his Spicilege Sure it is that we clearly find these three things 1st That by the Agreement and Consent of King John upon the Complaints made against him by the whole State there were chosen 25 Barons with Power to represent to the King his unjust Oppression of the Nation and to oblige him by force of Arms to redress them which he himself published by his Letters Patents in the Year 1215. which piece was published by Dom. Luc. D'achery in the old Norman Tongue Spicil Tom. XII p. 583 584 585. as it is to be read in Matthew Paris ad An. 1215. Secondly We find that the opinion of the English Nation of old was That they could not only resist their Prince which abused his Authority but wholly deprive him of it by driving him and his wicked Councellors out of the Kingdom as we see in Matth. Paris in the Year 1233 where he relates that Henry III having call'd a Parliament upon the Complaints that came in from all Parts against his Ministers and the Strangers whose Service he made use of in the management of the Affairs of the Kingdom the Members of the said Parliament perceiving that they could not with safety meet together refused to come up
and that by the Example of their Brethren they may for Time to come employ all their Endeavours to make reparation for the Mischief and Scandal their Errors and Prejudices have in a great measure brought both upon the Church and State. FINIS THE APPENDIX CONTAINING I. Concilii Toletani IV. Canon LXXV II. Capitula super quibus facta est Magna Charta Regis Johannis ex MSS. Arch. Cantuar. Fol. 14. Quae etiam authenticè cum Sigillo extant in manibus Episc Salisburiensis III. Diploma sive Ordinationes Johannis Regis Angliae queis statuit quid Nobiles quid Plebes observare debeant ad pacem tranquillitatem Regni stabiliendam LONDON Printed for Ric. Chiswell 1689. APPENDIX The 75. Canon of the Fourth Council of Toledo AFter some Ordinances and Decrees made by us with respect to the Ecclesiastical Order and their particular Discipline the last Resolution taken by us Priests is to enact a final Pontifical Decree for the puissance of our Kings and the stability of the Gothick Nation in presence of the Great Judge of the World. For many Nations are so false and perfidious that they make slight of the Oath of Faithfulness they have sworn to their Kings and tho with their mouths they profess Allegiance to their Prince yet retain Perfidiousness in their hearts they swear indeed to their Kings but are as ready to break it again upon occasion not fearing that Roll of Judgment which brings a Curse and manifold Punishments upon those who swear falsly by the name of the Lord. What hope is there that such as these should either stand to their Capitulations in time of War or observe their Treaties of Peace with other Nations Or what Covenant or Contract will they not break Or what Promise made to their Enemies will they keep when they violate the Allegiance sworn to their own Kings For who is so mad as to endeavour to cut off his Head with his own Hand This is notorious that unmindful of their own Preservation they kill themselves turning their force and violence against themselves and their own Kings And whereas the Lord saith Touch not mine Anointed and David Who can stretch forth his hand against the Lords anointed and be guiltless these are neither afraid of Perjury or murthering their own Princes Sure it is that a Promise tho made to Enemies ought to be kept Now if we must keep Faith and Truth in War to our Enemies how much more are we to keep them on all other occasions For it is a piece of Sacriledge for Subjects to violate the Faith promised to their Kings beâ—â—use in so doing they not only sin against their Princes but agâ—inst God himself in whose name they make their promise Hence it comes that the wrath of God doth oft change and transfer many of the Earthly Kingdoms the breach of Faith and corruption of Manners making way for the destruction and change of the Government Wherefore also it ought to be our great care to avoid the mishaps attending these Nations lest we be involved with them deservedly in the same Punishment Thus we see that God did not spare the Angels that rebell'd against him who by their disobedience forfeited their Heavenly Mansions Wherefore 't is said also by the Prophet Isaiah My Sword is made drunk in Heaven how much more then ought we to stand in awe and fear the same disaster lest by our perfidiousness we be destroyed by the same Sword of an angry God. If therefore we desire to avoid the divine wrath and to have his severity turn'd into Favour and Clemency towards us let us above all things with fear keep and observe to God the Religious Worship and Service we owe him and to our Kings the Faith and Allegiance we have promis'd them Let there not be found amongst us as in some other Nations any wicked contrivance of Vnfaithfulness or cunning Perfidiousness or the horrid Crime of Perjury or mischievous Plottings of Conspiracies Let none amongst us egg'd on by Presumption invade the Throne or stir up Seditions amongst his Fellow-Citizens or compass and contrive the Death of Kings but when the King is departed this Life in Peace let the Lords of the Nation together with the Priests by joint Advice and Consent appoint and constitute a Successor of the Kingdom that so whilst this band of Unity and Concord is thus preserved amongst us none may endeavour to make a rent in the Kingdom by force or unjust ways But in case this Admonition prove not of sufficient force to correct the bad impressions which may be on the minds of any and to incline the hearts of all to promote the common good we think good to pronounce Sentence Whosoever therefore either of us or any of the People of Spain shall by any Conspiracy or Endeavour come to break and falsifie the Oath he has taken for the good State and Welfare of the Gothick Nation and the safety of the King or shall presume to kill the King or deprive him of his Royal Dignity or by a Tyrannical presumption shall Usurp the Throne let him be Anathema in the Eyes of God the Father and the Holy Angels and be cast out of the Catholick Church which he has profan'd by his Perjury and be turn'd out from all Christian Societies together with all the Complices of his wickedness because it is but just that they who are guilty of the same Crime should be involved in the same punishment Which therefore we think good to repeat again saying Whosoever from this time forwards either of us or of all the People of Spain shall by any Conspiracy or Endeavour break the Oath which he has taken for the good State of his Native Country and of the Gothick Nation and for the safety of the King's Person or shall presume to kill the King or deprive him of his Kingdom or by a tyrannical presumption shall Usurp the Throne let him be Anathema in the sight of Christ and his Holy Apostles and be cast out of the Catholick Church which he has profan'd by his Perjury and thrust out from all Christian Societies and as a damn'd Person be deliver'd up to the just Judgment of God to come together with all his complices and partakers Yea we repeat a third time That whosoever of us or any of the People of Spain in contrivance or deed break his Oath which he hath taken for the good Sate and Welfare of his own Native Countrey and the Gothick Nation and the safety and preservation of the King's Person or attempt the life of the King or deprive him of his Royal Dignity or by a tyrannical presumption shall Usurp the Throne let him be Anathema in the sight of the Holy Ghost and the Martyrs of Christ and be excommunicated from the Catholick Church which he has profaned by his Perjury and be renounced all Christian Communion without ever having any share or part with the Righteous but with the Devil and his
Angels be condemned to Eternal punishments with all his Partners joyn'd with him in the same Conspiracy that the same punishment of final perdition may reach all that are Complices and Partakers of the same guilt Wherefore if this thrice repeated Sentence be according to the mind of all you that are here present confirm the same with your Unanimous Voices Accordingly the whole Body of the Clergy and People have said and declared Whosoever shall presume to do any thing against this your Decree Let him be Anathema Maranatha that is accurst and damn'd at the coming of our Lord and have his share and lot with Judas Iscariot both they and their Complices Amen In consideration therefore of the Premises we Priests do admonish and warn the Holy Church of Christ and all the People to take care that this tremendous and so oft repeated Sentence of Excommunication may not make any of us obnoxious to present and eternal condemnation but that keeping the Faith we have sworn to our most Glorious Lord King Sisenandus and serving him with sincere Loyalty we may not only incline the Divine Clemency and Goodness towards us but may also deserve the favour of our Gracious Prince Amen We also with the Humility that becomes us do entreat thee These qualifications of a good Prince are most of them taken out of St. Austin Lib. 5. de Civitate Dei. O King here present amongst us and all Princes thy Successors for time to come that behaving your selves with all moderation and gentleness towards your Subjects you may in Righteousness and Godliness rule the People by God committed to your charge that so you may be able to give a good account of your Stewardship to Christ who has constituted you governing your Subjects with humbleness of Heart and being found in a constant endeavour of procuring their Good and Welfare That none of you alone may undertake to judge of Capital Matters or any Mans Estate but that by publick consent of the Judges and other Magistrates and in an open Tryal the Guilt of Delinquents may be made apparent observing a merciful disposition towards those who have offended that your indulgence and mercy in sparing may appear as well as your Severity in punishing So that all things by the assistance of God being administred and preserv'd by you with a godly Rule and Government you Kings may have reason to rejoyce in your People as well as your People in you and that God may rejoyce in you both And as to what belongs to all future Kings we pronounce this our Sentence that in case any of them without being restrain'd by the Reverence due to the Laws shall by a proud Lordliness being puft up with the Royal dignity by injustice violence and oppression exercise a tyranical and cruel Power against his Subjects let all such be condemn'd and anathematiz'd by Christ and be separated from God and subjected to his Judgments for that he presumed to act wickedly and to endeavour the hurt and ruine of the Kingdom And as for Suintilanus who fearing the punishment of his Crimes has deserted the Kingdom depriving himself thereby of the Royal Power we with the Consent of the People have Decreed that neither he nor his Wife nor Children shall ever be received by us into our Society because of the wickedness they are guilty of or restored to those Honours from whence they have been so justly cast down and that they shall not only for ever stand deprived of the Prerogatives of the Royal Dignity but also forfeit all the Wealth they have got by oppressing the miserable People except only that which shall be allow'd them by the goodness of our Gracious Prince The same Sentence we likewise pronounce against Geilanus the said Suintilanus his Brother as in Blood so in Crimes and Wickedness who was perfidious to his own Brother and has broken his Faith promised to our most glorious Lord wherefore we also cast him and his Wife and banish them from our Society together with those before-mentioned and exclude them from the Common-wealth of our Nation and that they shall not be restored to the Possessions which by wickedness they had gotten except only what they may obtain from the Bounty of our most Gracious Prince who as he is ready to enrich those that are good with bountiful Rewards so neither does he altogether exclude those that are wicked from his diffusive Beneficence Now Glory and Honour be ascribed to our Almighty God in whose name we are here Assembled and may Happiness Peace and a long continued Reign be the Portion of our most Pious Lord and Lover of Christ King Sisenand whose Piety and Devotion has caâ—l to this Assembly to establish and enact this wholesome Decree May the Glory of Christ strengthen and establish his Kingdom and the Gothick Nation in the Catholick Faith and multiply his Years and Virtues preserving him to the highest old age and may he after the Glory of his Reign here on Earth pass over to the Eternal Kingdom in Heaven that he may Reign there without end who here has Reigned well and happily by the grace and help of him who is King of kings and Lord of lords with the Father and Holy Spirit for ever and ever Amen The things above written being thus decreed and determined by us with the Consent and Approbation of our most Religious Prince we also have engaged never to infringe any Point thereof but exactly to keep and observe the same and because these things do greatly concern the good of the Church and the welfare of Souls we have thought good to strengthen and confirm the same by our particular Subscription that they may stand ratified for ever And accordingly was subscribed by all of them Concilii Toletani IV. CAN. LXXV POst instituta quaedam ecclesiastici ordinis Concilio Tolet. v. cap. 7. decernitur ut hoc decretum in omnibus synodis peractis publicâ voce pronuncietur vel decreta quae ad quorundam pertinent disciplinam postrema nobis cunctis sacerdotibus sententia est pro robore nostrorum Regum stabilitate gentis Gothorum pontificale ultimum sub Deo judice ferre decretum Multarum quippe gentium ut fama est tanta extat perfidia animorum ut fidem Sacramento promissam regibus suis servare contemnant ore simulent juramenti professionem dum retineant mente perfidiae impietatem Zach. 7. ef 8. Jurant enim Regibus suis fidem quam pollicentur praevaricant nec metuunt volumen illud judicii per quod inducitur maledictio multaque poenarum comminatio super eos qui jurant in nomine Dei mendaciter Quae igitur spes talibus populis contra hostes laborantibus erit quae fides ultra cum aliis gentibus in pace credenda quod foedus non violandum quae in hostibus jurata sponsio * * stabilis perm permanebit quando nec ipsis propriis regibus juratam fidem
to the utmost of his Power with them And the King shall give publick and free Liberty for any man to swear that will and shall never pohibit any to swear And all those of the Nation who will voluntarily of their own accord swear to the Five and twenty Barons to distress the King with them the King himself shall issue his Praecept Commanding them to swear as aforesaid Item If any of the said Five and Twenty Barons dye or go out of the Realm or be any other way hindred from performing these things the residue of the Five and twenty shall chuse another whom they think best in his place who shall be sworn as the rest are And in all matters referred to those Five and twenty Barons if they happen to be all present and differ amongst themselves or if any of them being thereto appointed will not or cannot come what the major part of them shall agree upon and enjoyn shall be valid as if all the Five and twenty had agreed in it And the said Five and twenty shall swear that they will faithfully observe and keep the Articles aforesaid and with all theit might cause them to be observed Moreover the King shall give them the Securities of the Archbishop and Bishops and Master Pandulphus that he will not obtain any thing from the Pope whereby any of these Articles of Agreement may be revoked or diminished And if any such thing be obtain'd that it be reputed void and of none effect nor shall ever be made use of THE GREAT CHARTER OF KING JOHN A True Copy from the Original French. JOHN by the Grace of God King of England to the Archbishops Bishops Abbots Earls Barons Justices Foresters Sheriffs Prevosts Ministers and all his Bayliffs and his Lieges Greeting Know ye that We by the Grace of God and for the saving of our Soul and the Souls of all our Ancestors and of our Heirs and for the Honour of God and the safety of Holy Church and for the amendment of our Government By the Advice of Our Honoured Fathers Stephen Archbishop of Canterbury Primate of All England and Cardinal of Rome Henry Archbishop of Dublin William Bishop of London Peter Bishop of Winchester Jocelin Bishop of Bath Hugh Bishop of Lincoln Walter Bishop of Worcester William Bishop of Chester Benedict Bishop of Rochester and Master Pandulph Sub-deacon of our Lord the Apostle and of our Friend and Brother Anner Master of the Order of Knights Templers in England And by the Advice of our Barons William Earl Marshal Earl of Pembroke William Earl of Salisbury William Earl of Warren William Earl of Arundel Alan of Galloway Constable of Scotland Warin Fitz-Gerard Peter Fitz-Herbert Hubert de Burgh Steward of Poictou Hugh Nevill Matthew Fitz-Herbert Thomas Basset Alan Basset Phillip d' Aubenie Robert de Ropelee John Marshall and John Fitz-Hugh and by the Advice of other our Lieges Have in the first place granted to God and confirmed by this our present Charter for us and for our Heirs for ever That the Churches of England shall be free and shall enjoy their Rights and Franchises entirely and fully And this our Purpose is that it be observed as may appear by our having granted of our meer and free Will that Elections should be free which is reputed to be a very great and very necessary Priviledgeâ— of the Churches of England before the difference arose betwixt Us and our Barons and by our having confirm'd the same by our Charter and by our having procur'd it moreover to be confirmed by our Lord the Apostle Innocent the third Which Priviledge We will maintain And our Will is that the same be faithfully maintain'd by our Heirs for ever We have also granted to all the Free-men of our Kingdom for us and our Heirs for ever all the Liberties hereafter mentioned to have and to hold to them and their Heirs of Us and our Heirs If any of our Earls our Barons or others that hold of us in Chief by Knight-Service die and at the time of his death his Heir be of full age and Relief be due he shall have his Inheritance by the ancient Relief to wit the Heir or Heirs of an Earl for an entire Earldom C pounds the Heir or Heirs of a Baron for an entire Barony C Marks the Heir or Heirs of a Knight for a whole Knights Fee C Shillings at most and where less is due less shall be paid according to the ancient Customs of the several Tenures If the Heirs of any such be within Age and in Ward they shall have their Inheritance when they come of Age without Relief and without Fine The Guardians of the Land of such Heirs being within age shall take nothing out of the Land of the Heirs but only the reasonable Profits reasonable Customs and reasonable Services and that without making destruction or wast of Men or Goods And if we shall have committed the Custody of the Land of any such Heir to a Sheriff or any other who is to account to us for the Profits of the Land and that such Committee make destruction or wast We will take of him amends and the Land shall be committed to two lawful and good Men of that Fee who shall account for the Profits to us or to such as we shall appoint And if we shall give or sell to any Person the custody of the Lands of any such Heir and such Donee or Vendee make destruction or wast he shall lose the Custody and it shall be committed to two Lawful Sage and Good Men who shall account to Us for the same as aforesaid And the Guardian whilst he has the Custody of the Heirs Land shall maintain the Houses Ponds Parks Pools Mills and other Appurtenances to the Land out of the Profits of the Land it self and shall restore to the Heir when he shall be of full age his Land well stockt with Ploughs Barns and the like as it was when he receiv'd it and as the Profits will reasonably afford Heirs shall be married without disparagement insomuch that before the Marriage be contracted the Persons that are next of Kin to the Heir shall be made acquainted with it A Widow after the death of her Husband shall presently and without oppression have her Marriage and her Inheritance nor shall give any thing for her Marriage nor for her Dower nor for her Inheritance which she and her Husband were seiz'd of the day of her Husband's death and she shall remain in her Husband's House Forty Days after his death within which time her Dower shall be assign'd her No Widow shall be compelled to marry if she be desirous to live single provided she give Security not to marry without our leave if she hold of us or without the Lord's leave of whom she holds if she hold of any other We nor our Bayliffs will not seize the Lands or Rents of a Debtor for any Debt so long as his Goods are sufficient to pay the
shall be present or before Stephen Archbishop of Canterbury if he can be there and those that he shall call to him and if he cannot be present Matters shall proceed notwithstanding without him so always that if one or more of the said Five and twenty Barons be concern'd in any such Complaint they shall not give Judgement thereupon but others chosen and sworn shall be put in their room to act in their stead by the residue of the said Five and twenty Barons If we have disseiz'd or esloin'd any Welshmen of Land Franchises or of other things without lawful judgment of their Peers in England or in Wales they shall forthwith be restored unto them and if Suits arise thereupon right shall be done them in the Marches by the Judgment of their Peers of English Tenements according to the Law of England and of Tenements in Wales according to the Law of Wales and Tenements in the Marches according to the Law of the Marches And in like manner shall the Welsh do to us and our Subjects As for all such things whereof any Welshmen have been disseiz'd or esloyn'd without Lawful Judgment of their Peers by King Henry our Father or by King Richard our Brother which we have in our hands or which any others have to whom we are bound to warrant the same we will have respit till the common Term be expir'd of all that crost themselves for the Holy Land those things excepted whereupon Suits were Commenced or Enquests taken by our Order before we took upon us the Cross and when we shall return from our Pilgrimage or if peradventure we forbear going we will presently cause full Right to be done therein according to the Laws of Wales and before the said Parties We will forthwith restore the Son of Lewellyn and all the Hostages of Wales and the Deeds that have been delivered to us for security of the Peace We will deal with Alexander King of Scotland as to the restoring him his Suitors and his Hostages his Franchises and Rights as we do with our other Barons of England unless it ought to be otherwise by vertue of the Charters which we have of his Father William late King of Scotland and this to be by the Judgment of his Peers in our Court. All these Customs and Franchises aforesaid which we have granted to be kept in our Kingdom so far forth as we are concerned towards our Men all Persons of the Kingdom Clerks and Lay must observe for their Parts towards their Men. And whereas we have granted all these things for God's sake and for the amendment of our Government and for the better compremising the discord arisen betwixt us and our Barons We willing that the same be firmly held and established for ever do make and grant to our Barons the scurity underwritten to wit That the Barons shall chuse Five and twenty Barons of the Realm whom they List who shall to their utmost Power keep and hold and cause to be kept the Peace and the Liberties which we have Granted and Confirmed by this our present Charter insomuch that if we or our Justice or our Bayliff or any of our Ministers act contrary to the same in any thing against any Persons or offend against any Article of this Peace and Security and such our Miscarriage be shown to four Barons of the said Five and twenty those four Barons shall come to us or to our Justice if we be out of the Realm and show us our Miscarriage and require us to amend the same without delay and if we do not amend it or if we be out of the Realm our Justice do not amend it within Forty days after the same is shown to us or to our Justice if we be out of the Realm then the said Four Barons shall report the same to the residue of the said Five and twenty Barons and then those Five and twenty Barons with the Commonalty of all England may distress us by all the ways they can to wit by seizing on our Castles Lands and Possessions and by what other means they can till it be amended as they shall adjudge saving our own Person the Person of our Queen and the Persons of our children and when it is amended they shall be subject to us as before And whoever of the Realm will may swear that for the Performance of these things he will obey the Commands of the said Five and twenty Barons and that together with them he will distress us to his Power And we give Publick and free leave to swear to all that will swear and will never hinder any one And for all Persons of the Realm that of their own accord will swear to the said Five and twenty Barons to distress us we will issue our Precept Commanding them to swear as aforesaid And if any of the said Five and twenty Barons die or go out of the Realm or be any way hindred from acting as aforesaid the residue of the said Five and twenty Barons shall chuse another in his room according to their discretion who shall swear as the others do And as to all things which the said Five and twenty Barons are to do if peradventure they be not all present or cannot agree or in case any of those that are Summon'd cannot or will not come whatever shall be determined by the greater number of them that are present shall be good and valid as if all had been present And the said five and twenty Barons shall swear that they will faithfully observe all the matters aforesaid and cause them to be observed to their power And we will not obtain of any one for our selves or for any other any thing whereby any of these Concessions or of these Liberties may be revoked or annihilated and if any such thing be obtained it shall be null and void nor shall ever be made use of by our selves or any other And all ill will disdain and rancour which has been betwixt Us and our Subjects of the Clergy and Laity since the said discord began we do fully release and pardon to them all And moreover all Trespasses that have been committed by occasion of the said discord since Easter in the sixteenth year of our Reign to the restoring of the Peace we have fully released to all Clerks and Lay-men and so far as in us lies we have fully pardoned them And further we have caused Letters Patents to be made to them in testimony hereof witnessed by Stephen Archbishop of Canterbury Henry Archbishop of Dublin and by the aforesaid Bishops and by Mr. Pandulphus upon this Security and these Concessions Whereby we will and strictly Command that the Church of England be free and enjoy all the said Liberties and Rights and Grants well and in Peace freely and quietly fully and entirely to them and their Heirs in all things in all places and for ever as aforesaid And we and our Barons have sworn that all things above written shall be kept on our parts in good Faith without ill design The Witnesses are the Persons above-named and many others This Charter was given at the Meadow called Running-Mead betwixt Windsor and Stanes the 15th day of June in the Seventeenth Year of our Reign JOHN by the Grace of God King of England to the Sheriff of Hampshire and to the Twelve that are chosen in that County to enquire of and put away the evil customs of Sheriffs and of their Ministers of Forests and Foresters of Warrens and Warrenners of Rivers and of guarding them Greeting We command you that without delay you seize into our Hand the Lands and Tenements and the Goods of all those of the County of Southampton that will not swear to the said Five and twenty Barons according to the form exprest in our Charter of Liberties or to such as they shall have thereunto appointed and if they will not swear presently at the end of Fifteen days after their Lands and Tenements and Chattels are seized into our Hands that ye sell all their Goods and keep safely the Money that ye shall receive for the same to be employed for the Relief of the Holy Land of Jerusalem and that yeâ— keep their Lands and Tenements in our Hands till they have sworn or that Stephen Archbishop of Canterbury and the Barons of our Kingdom have given Judgment thereupon In witness whereof we direct unto you these our Letters Patents Witness our Self At Odibaam the Seven and twentieth Day of June in the Seventeenth Year of our Reign FINIS Books lately Printed for Richard Chiswell THE Case of Allegiance in our present Circumstances considered in a Letter from a Minister in the City to a Minister in the Country 4o. A Breviate of the State of Scotland in its Government Supreme Courts Officers of State Inferiour Officers Offices and Inferiour Courts Districts Jurisdictions Burroughs Royal and Free Corporations Fol. Some Considerations touching Succession and Allegiance 4o. Reflections upon the late Great Revolution Written by a Lay-hand in the Country for the satisfaction of some Neighbours The History of the Desertion or an Account of all the Publick Affairs in England from the beginning of September 1688. to the Twelfth of February following With an Answer to a Piece called The Desertion discussed in a Letter to a Country Gentleman By a Person of Quality K. William and K. Lewis wherein is set forth the inevitable necessity these Nations lie under of submitting wholly to one or other of these Kings And that the matter in Controversie is not now between K. William and K. James but between K. William and K. Lewis of France for the Government of these Nations An Examination of the Scruples of those who refuse to take the Oath of Allegiance by a Divine of the Church of England A Dialogue betwixt two Friends a Jacobite and a Williamite occasioned by the late Revolution of Affairs and the Oath of Allegiance The Case of Oaths stated 4o. A Letter from a French Lawyer to an English Gentleman upon the Present Revolution 4o. The Advantages of the Present Settlement and the great danger of a Relapse The Interest of England in the Preservation of Ireland
laid upon the Kingdom but by the Common-Council of the Kingdom unless it be to redeem the King's Person or to make his eldest Son a Knight or to marry his eldest Daughter once and for these a reasonable Aid shall be given That it be in like manner with respect to Tallages and Aids from the City of London and other Cities that have Priviledges therein And that the City of London may fully enjoy her ancient Liberties and free Customs as well by Water as by Land. That it shall be lawful for any Man to go out of the Kingdom and to return saving his Allegiance to the King unless it be in time of War for a short time for the common profit of the Realm If any borrow Money of a Jew be it more or less and die before the Debt be paid no Interest shall be paid for the same so long as the Heir is under age of whomsoever he hold And if the Debt become due to the King the King shall take no more than what is contain'd in the Charter If any Man die and owe Money to the Jews his Wife shall have her Dower and if he left Children Necessaries shall be provided them according to the quantity of the Freehold and the residue shall go to pay off the Debt saving the Services due to the Lords The like shall be observed in case of other Debts and when the Heir comes of age his Guardian shall restore him his Land as well stockt as he could reasonably afford out of the Profits of the Land coming in by the Plough and the Cart. If any Man hold of any Escheat as of the Honour of Wallingford and Nottingham Bonon and Lancaster or of other Escheats which are in the King's Hand and are Baronies and die his Heir shall pay no other Relief nor perform any other Service then he should have paid and perform'd to the Baron and that the King shall hold such Escheats as the Barons held them That Fines made for Dowers Marriages Inheritances and Amercements wrongfully and contrary to the Law of the Land be freely remitted or ordered by the Judgment of the Five and twenty Barons or of the major part of them together with the Archbishop and such as he shall call to him Provided that if one or more of the Five and twenty have themselves any like complaint that then he or they shall be removed and others put in their rooms by the residue of the Five and twenty That the Hostages and Deeds be restored which were deliver'd to the King for his Security That they that live out of the Forest be not obliged to come before the Justices of the Forest by common Summons unless they be Parties or Pledges And that the Evil Customs of the Forests and Foresters Warrens and Sheriffs and Ponds be redress'd by twelve Knights of each County who shall be chosen by the Good Men of the County That the King remove wholly from their Bayliff-wick the Kindred and whole Dependance of Gerard de Aties that hereafter they have no Bayliffwick to wit Engeland Andr ' Peter ' Gigo de Cances Gigo de Cygon Matthew de Martino and his Brethren and Gelfrid his Nephew and Phillip de Mark. And that the King put away the Foreign Soldiers Stipendaries Slingers and Troopers and their Servants who came with Horses and Arms to the Nusance of the Realm That the King make Justitiars Constables Sheriffs and Bayliffs of Men that know the Law of the Land and will cause it to be well observed That Barons who have founded Abbies for which they have Charters of Kings or ancient Tenure shall have the Custody of them when they are vacant If the King have disseiz'd the Welsh men or esloyn'd them from Lands or Liberties or of other things in England or in Wales let them presently be restored to them without Plea and if they have been disseiz'd or esloin'd from their English Tenements by the King's Father or his Brother without Judgment of their Peers the King shall without delay do them Justice as he does Justice to Englishmen of their English Tenements according to the Law of England and of Welsh Tenements according to the Law of Wales and of Tenements in the Marches according to the Law of the Marches In like manner the Welshman shall do to the King and his Subjects That the King restore Lewelin's Son and all the Welsh Hostages and the Deeds that were delivered to him for security of the Peace That the King do Right to the King of Scotland concerning restoring of Hostages and his Liberties and Right according to the Form of the Agreement with his Barons of England unless it ought to be otherwise by vertue of some Deeds which the King has by the Judgment of the Archbishop and others whom he shall think fit to call to him That all Forests that have been afforested by the King in his own time be disafforested and so of Banks which by the King himself have been put in defence All these Customs and Liberties which the King has granted to the Kingdom to hold and keep for his own part towards his Men all Clerks and Lay-men of the Kingdom shall observe and keep for their parts towards their Men. This is the Form of the security for keeping Peace and the Liberties betwixt the King and the Kingdom The Barons shall chuse Five and twenty Barons of the Realm whom they will themselves upon whom it shall be encumbent that with all their might they observe and keep and cause to be observ'd and kept the Peace and Liberties which the King has granted to them and confirm'd by his Charter to wit That if the King or his Justices or Bayliffs or any of his Ministers offend any Person contrary to any of the said Articles or transgress any Article of this Peace and Security And that such offence be made known to four of the said Five and Twenty Barons those four Barons shall go to the King or to his Justitiar if the King be out of the Realm declaring to him that such an abuse is committed and shall desire him to cause it speedily to be redressed And if the King or if he be out of the Realm his Justitiar do not redress it those four Barons shall within a reasonable time to be limited in the Charter refer the matter to the residue of the Five and twenty Barons And those Five and twenty with the Commonalty of all the Land shall distress the King all the ways they can to wit by seizing his Castles his Lands and Possessions and by what other means they can till it be redrest according to their good likeing saving the Person of our Lord the King and of the Queen and of their Children And when it is redrest they shall be subject to the King as before And whoever will may swear to put these things in Execution viz. To obey the Commands of the said Five and twenty Barons and to distress the King