who carefully defend and govern the Church and People of God imitating David King of Israel Psalm 101. He that worketh deceit shall not dwell within my house he that telleth lyes shall not tarry in my sight I will early destroy all the wicked of the land that I may cut off all wicked doers from the city of the Lord c. The King ought in all truth and sincerity fully and wholly to observe all the Dignities Rights and Liberties of the Kingdom and to reduce them to their Pristine condition The King also ought to do all things in his Kingdom righteously and that by the judgment of the Nobles of the Kingdom and Right and Justice ought rather to bear Rule in a Kingdom than sinful Wills and Pleasures Law is always that which doth right but Will and Pleasure is violence and force is not right And much more to the same purpose by Edward the First to whose Laws also William the Conqueror subscribed Vid. Lambert Collect p. 142. N o 17. The true Religion of God and honest Conversation even of Priests themselves is our chiefest care saith Justinian Novel constit 6. The search of true Religion we find to be the chiefest care of Imperial Majesty Legum Theodos Novel tit 2. de Judaeis Samaritanis So Gregory the Great earnestly exhorted Edelbert unto the first that was Christned of the Saxon Kings in England For this cause the Almighty God brings the good Princes to the Regiment of his People that by them he may bestow the gifts of his mercy upon all that are under them Beda hist Aug. 32. Consider in the Creation we were all created in Adam equal and equally innocent and upright and had we so continued in that state of Innocency there would have been no need of Impery one over another every one would have been a King to himself God and Nature their only Law-givers but lapsed Man sought out many Inventions and broke the Laws both of God and Nature and thereby provoked God to anger and to vengeance and instead of being homo homini Deus as in their fist Creation and state of Innocency they soon became homo homini Lupus which unavoidably introduced a necessity of Government framed by human Wisdom that they may not like Brutes devour one another but live in Unity Wealth Peace and Godliness that they might have Liberty preserved Justice equally distribute◠Honesty upheld Religion and Piety maintained and propagated all which could not be done when the Race of lapsed Mankind was multiplyed but by Laws ordained by Common Consent as sociable Parts united into one Body which Laws in common Prudence and of right do bind each to serve other and all to prefer the good of the whole before what good soever of any particular without which no House no City no Nation can long subsist in any happy condition For to govern and to be governed is not to be esteemed amongst things only necessary but as things profitable also for the benefit and sollace of all Mankind and hath its ground and warrant in Scripture in Nature in Heaven Hell the Creatures Mans nature and Conscience In Scripture by me Kings and consequently all other Forms of Government reign and Princes decree Justice By me Princes rule and Nobles even all the Judges of the earth Pro. 8. 15 16. saith Gods essential wisdom viz. not only by the secret disposition of his Providence but by the express warrant of his Ordinance by Divine Institution not by naked approbation there being no power but of God either by his commission or permission The powers that are i. e. the several Forms of Government are ordained by God Rom. 13. 1 2 3 4 5 6. i. e. politick Power in general is warranted by a Divine Law but the several Forms of Government is by the Law of Nations Princedom Empire Kingdom and Jurisdiction have their Rise from a positive and secondary Law of Nations and not absolutely from the Law of God or of pure Nature which the Lawyers call Secundariò Jus naturale or Jus gentium secundarium In sum Government is immediately from God but this or that Form of Government is immediately from God by the Interposition and Mediation of the publick consent of Kingdoms and States and so the application of the Persons to the Office is wholly in the Governed The several Forms of Government differ not in nature Morally and Theologically speaking the end of all Government being the very self same but only politically and positively For God appointed not Kings absolute and solely Independent but constituted with them also Judges who were equally obliged to judge according to the Law of God. 2. Chron. 19. 6. as Kings 17. Deut. 15. and have a co-ordinate share in the Government because the Judgment is neither the Kings nor the Judges but the Lords and both their Consciences are in immediate subjection to the King of Kings 2 Chron. 19. 6 7. The persons are sometimes Usurpers sometimes Abusers of their Authority as when they tyrannize or oppress such powers God owns not the Rulers that he ordains are not to be a Terrour unto good works but to the evil for they are the Ministers of God to the governed for good revengers to execute wrath upon them that do evil To such Rulers we must needs be subject not only for wrath but also for Conscience sake therefore whosoever resisteth such powers resisteth the ordinance of God And for this cause pay we tribute but not to those that are a terrour to good works the reason subjoyned is for they are Gods Ministers attending continually on this very thing but if they attend not continually on this very thing there is no absolute necessary Obligation expressed incumbent upon us for our Obedience or for our paying of Tribute Sute or Service but rather on the contary It is better to obey God than Man Acts 5. 29. The same Power St. Peter terms human Ordinances Submit your self to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well 1 Pet. 2. 13 14. so that S. Paul and S. Peter run parallel to one and the self same Sense and the Sword in the Magistrates Hand to revenge is not a material Sword to hack and hew kill and slay at pleasure but the Laws made by the common consent are the true Sword so Bishop Bilson to which both Magistrates and People are equally obliged to submit the Magistrates being but the Conduit and Pipe the Administrators not Patrons of the Powers for the sake of order through which and by whom all Laws are to pass and be executed and by the same Texts they have the like Obligation to praise them that do well as to punish those that do ill so David was taught and practised I will not know a wicked person mine eyes
shall be upon the faithful of the Land that they may dwell with me he that worketh deceit shall not dwell within my house he that telleth lies shall not tarry in my sight c. Psal 101. 4 6 7. In Nature it self are found impressions of this Ordinance In Heaven amongst Angels are Principalities and Thrones Eph. 1. 21. and Michael the Archangel Jude 9. Amongst the Sphaers there is a primum Mobile one first moveable Commander of all the inferiour Orbs with his Motion Amongst Stars there are greater and lesser Lights â—â—â—ers amongst the rest the sun to rule by day and the Moon and Stars by night Nay so absolutely necessary is Government that it reaches even to Hell. Devils themselvet have their Principalities Mat. 25. 41. not only over other Creatures but respectively among themselves therefore it is said the Devil and his Angels and Belzebub the Prince of Devils Mat. 12. 24. To say nothing of Brutes amongst which yet Philosophers have observed a perfect form of Regiment and Polity among Bees a Commonwealth Locusts go out by Bands c. And see we not plainly that Obedience of Creatures unto the Law of Nature is the stay of the whole World. In man if nothing else evince it methinks that awful submission to Regiment which natural Conscience suggests to Savages sufficiently proves it As far as that Principle is heard of that there is a King of Kings and Lord of Lords wherever it is known that there is a God that judgeth the Earth it is known also and received that there are Nominal Gods on Earth with reverence next to the Supreme Majesty to be adored But above all natural Conscience amongst other common Notions hath received the impression of this natural Principle how else comes it to pass that a few extravagant Natures and profligated Consciences only excepted such awful Submission is found in all to Men of our own Mould Yet in our Apprehension clad with such venerable Majesty that the guilty scarce behold them without trembling and the Guiltless yield willing reverence to their Persons so every way God hath pleased to make known his Ordinance for Government Magistracy and Laws CHAP. II. Shews the ultimate and final end of all Government Shews the Laws of God and Nature to be the best Guides and that Covenants made between King and People are to be kept both by King and People and the breach thereof alike Penal to King and People and whoever breaks either Laws or Covenants they are Rebels to the Laws and that the People are still the Lords People HAving shewed the absolute necessity of Government it is requisite also to declare the ultimate and final end of all Governments which by confession of all is primarily and especially the Declaration of the infinite Wisdom Goodness and Glory of God propagation of the Gospel and the good of the Governed for whose good all things were created Unto these two all kinds of Governments how variously soever framed according to the different Modes Wisdoms and Understandings of Men and Nations ought to be conformable Let Christ be our great Exemplar who denyed himself his own natural will and life and bestowed himself on us that we likewise might not seek every man his own but every man the good of another imploying our selves on the benefit and service of Church and State and so grow and be built up together in love which is the Consummation and perfecting as of all Saints so of all Governments For as God who is King of Kings and Lord of Lords the only Monarch of the World and whose understanding is infinite in the Government and Administration of this inferiour World designed his own Glory together with the Good and Salvation of the whole Race of Mankind so he expects submission and perfect obedience unto his Laws Statutes and Judgments from all Kings Princes and Governours as his Ministers Be wise now therefore O ye Kings be instructed ye Judges of the Earth and serve the Lord with fear in all your Administrations according to the purport of his Laws and for the ends designed lest the sad Fate of Solomon betide you 1 King. 11. 11. Because thou hast not kept my Covenants and my Statutes which I have commanded thee I will surely rend thy Kingdom from thee and will give it to thy servant Now without all peradventure the Law of Nature is the best and most equal Law and most fit to be imitated which being strictly observed nothing can be wanting to any body and what every one hath is his own for ever For as those who preside over Celestial Bodies are blessed and just minds and Spirits and every one doth most justly govern his own Body so Nature being derived from those Superiour just Souls keepeth the most just and equal order in all her actings which she makes known to all the World. Now the nearer all human Laws do come to the Laws of God and Nature the more certain and the more glorious must their way of living be who live and are governed by such Laws Unto these Laws had those ancient Law-givers respect which eterniz'd their Names and Memories famous to all succeeding Ages Above the rest are celebrated the Laws of Lacedaemon by Licurgus of Athens by Solon of the Locrenses a Town in Italy by Zalencus of the Thurii a City in Greece by Garondas of the Getae a People of Scythia in Europe by Zamolxis a Scholar of Pythagoras and Divine Plato commends the Laws of Crete Isocrates of the Carthaginians but above all the Roman Laws by the Judgment of Polybiis do excel These Laws of these Law-givers tho not the self-same but differing one from the other yet they all tend to one and the same end the Peace Happiness and welfare of the several Nations and People tho they did not march all in one and the same Road and Path thereunto The first Law givers had always the Laws of Nature in which there 's nothing unequal to be found before their Eyes to imitate and conform to them as near as they could but when they made Judicial Laws as they were not all under one Climate nor suckt the same Air so they had not all the same Reason the same Judgment which made the difference in their Laws but yet they all tended to the good and happiness of the People and Nations for whom they were made All right being either from the Law of Nature which is the Law of God or from Custom or from Human Laws The right of Nature always stands on its own Legs by its self without the assistance of Custom or of other Laws and always points and leads to happy life and condition which every Man Society and Nation might enjoy if they would but follow her Dictates and take her for their Guide and Rule to walk by But above all Laws no Laws like to those of the Almighty who is the Lord alone of all the Kingdoms of the Earth for they had
King. 14. 21. Did not Jeroboam and all Israel come to Sechem to make Rehoboam King c. as before 2 King. 12. 16. Have not all Nations the same undeniable Right to Capitulate and set Kings over them and bind them by their own Laws and Tearms and by Solemn Oaths It is clear that the Jews in their Sanhedrim Melec and other parts of their Talmud with the Writers thereon that it was the Law and Custom of their Kingdom that their Kings of the House of David especially were to be judged as well as to judge Have not all our English Kings as well as their Subjects had English bounds by Laws quas vulgus eligerit Have not our Kings confessed and owned that we are not bound to serve them but according to our Laws And our Allegiance is not Absolute but bounded and limited by Law. Nay the old Oaths in Saxon and first in Norman times did respect the Kingdom and its common good and profit to defend the Kingdom with the King. Sicut Conjurati fratres ad defendendum regnum contra Alienigenas contra injurias una oum Domino Rege c. That which is said before concerning the Right of Government is as justly and as undeniably applicable to the Right of Legislation whereby to Govern which Power God uncontrolably hath over all the World. And by the Law of Nature whereunto the whole Race of Mankind is subject the lawful Power of making Laws to command and govern whole Nations Kingdoms and Politick Societies of Men belongeth so properly unto the same intire Societies that for any Person how Mighty and of what Degree or Kind soever on Earth to exercise the same of himself and not either by express Commission immediately and personally received from God unto which there can be no possibility of pretence but by Impudence or else by authority derived by consent and suffrages of those Nations and Kingdoms on whom they violently impose Laws it is no better than meer Tyranny Just Laws therefore they are not which publick approbation by their own consent hath not made so For what Princes or Potentates soever Govern they never so wisely and with never so good intent and design with never so good success yet nevertheless they transgress both divine and human Laws if they have not the publick Sanction and Stamp of the governed for their right of Governing them The Will Pleasure and Commands of God are the only perpetual and immutable Rule of Justice to which all Men without exceptions ought to submit and obey absolutely The Commands of Princes though his Vice-gerents are to be obeyed only on conditions viz. so that they command nothing that is sinful or contrary to the Law of God or Nature or municipal Laws of the Country Princes that require such Obedience to their Commands do as much as in them lieth make their Thrones equal to the Throne of the Almighty who never hath given nor never will his glory to another Isaiah 48. 1. The command of Pharaoh to slay the Hebrew children Exod. 1. 21. was unjust and God blessed the Midwives that refused to obey it So God blessed Daniel and the rest that refused to fall down and worship Nebuchadnezar's prodigious Idol So Abdias refused to slay the Prophets contrary to the command of Jezabel but on the contrary hid them from her fury and nourished them 1 King. 18. 13. So Matathias opposed and resisted Antiochus commanding Sacrifices to be offered to Idols So Christ and after him the Apostles preached the Gospel publickly and privately contrary to all commands of Cesars chief Priests and Scribes alledging for their Justification Acts 5. 22. Whose examples the holy Marters followed The Authority of all Magistrates be it never so great is bounded and circumscribed by God himself by Piety and Charity and if they trangress those Rules the 5. of Acts 22. takes place lest we be found in the company of those mentioned Mich. 6. 16. whom God cursed for that they obeyed the wicked commands of Kings CHAP. IV. Examination of some different Opinions Kings though nominated by God yet had their Confirmation by the People on their own tearms and have a just right to chuse or reject to limit and bound them HAving thus demonstrated the absolute necessity and profitableness of 〈◊〉 the final end and efficient cause and just right thereof where and in whom vested wherein I have not used cunningly devised Sophismes or 〈…〉 to the custom of some Priests and Jesuits but plain demonstration of Truth according to the Law of God of Nature and of Reason neither 〈◊〉 I singular in thâ—se Positions and Fundamental Basis and right of all just Dominion but have followed herein Judicious Hooker that English Oracle and Padre Paolo that Oracle of 〈◊〉 and divers others And whoever will peruse the Collection of the Authors 〈◊〉 Goldastus or the Avant-Proposdes Lettres Embassade de Missire Philipe Canays 〈◊〉 de Fresne wherein are the Names and Titles of 145 Tracts wherein you 〈…〉 divers good Authors of the judgment back'd with sound Reasons for such 〈…〉 But because nothing can be so advisedly so carefully so punctually 〈◊〉 as to escape the contradictions of subtle prevaricating and perverse wits I shall 〈◊〉 the liberty to examine the different Opinions of some others and those not 〈…〉 but shall not clog this Paper with many Names it 's enough to name 〈…〉 viz. It 's certain that Kings have their Power from none but God boldly said 〈…〉 be justified by any Law of God of Nature or of Reason it is pure 〈…〉 Doctrine and diametrically opposite to those who affirm That all 〈…〉 Laws of God and Nature is immediately in the Multitudes as in its 〈…〉 confer the same on one or more by the same Laws of God and Nature The 〈…〉 give is Obj. That by Natures Law no Man can give that which he hath 〈…〉 hath just power of his own Life and Death or Members therefore much less of 〈…〉 therefore the People cannot establish Government because they have 〈…〉 or Death no not of their own and therefore cannot confer any such power 〈…〉 who gives Life hath that Power and they to whom he gives it Sol. No more havâ— Kings without some lawful Power conferred on them so to do which they cannot 〈◊〉 have immediately from God and therefore must have it aliunde viz. from and by consent of others Hence that Command Thou shalt not kill Exod. 20. 13. whâ—sâ— sheds 〈…〉 by Man shall his blood be shed At the hand of every beast will I require it 〈…〉 hand of man at the hand of every man's brother will I require the life of man Gâ—n 9. 〈…〉 Thou shalt not kill is the general Precept of God and Nature and obligeth 〈…〉 private Men. And whoso shedeth mans blood by man shall his blood be shed by 〈…〉 is by the Magistrates whose Power is here established for sheding the Blood 〈…〉 Murderers as the Chaldee expresseth it saying With
them when limited to Kings but must consider them as things meerly Divine the greatest tye in the World above all human Laws Consent and Comprehension then all Nations are equally Slaves and born to no more Liberty than the Subjects of Rex Asinerum whose Wooden Shoes and Canvas Breeches proclaim what a blessedness it is to be born under a meer divine Prerogative But the surest Basis of all right Government is common consent and the most just and honourable End is common good and not such a divine Prerogative as none can understand nor possible for any Mortal to prove God is not more the Author of Regal then of Democratical Aristocratical or any other Form of Government or Power nor more the Author of Supreme than of Subordinate Powers Subordinate Magistrates have their Power as much from God as Kings have and as responsible to God only as they and yet their Powers are not beyond human reprimand and determination Laws are not now to be understood to be any special Ordinances immediately sent from Heaven as of old by the Ministry of Angels or Prophets they now can be nothing else amongst Christians but the Pactions and Agreements of such and such Politick Societies and Power nay the very Essence of Power is so Originally inherent in the People that they cannot justly without injury to God and Natures Law devest themselves wholly of it and it is nothing else but the Might and Vertue which such or such a Society of Men contains in it self and when by such and such Laws of Common consent and Agreement it is derived and deligated into such and such Hands God confirms that Law and so Man is the free natural and voluntary Author the Law is the Instrument and God is the Establisher of both All other Powers not derived from common consent of the People are but Sophisticate and Adulterate in all Princes and they that imbrace such Powers imbrace a Cloud instead of a Juno The Fountain or Efficient Cause of Power is most certainly in the Governed And from hence the inferrence is just That Kings though singulis majores yet are universis minores for if the People be the true efficient cause of Power as undeniably they are its a Rule both in Nature and Politicks quicquid efficit tale est magis tale Hence it 's manifest that as the Governed are the efficient cause so they and their happy estate and condition are the final end of all Governments And it were strange nay monstrous that in conferring and deligating their own Power and Vertue to this or that Man or to these or those Persons to command in Chief for Order and Regulation sake only should aim at any thing but at their own Good and Happiness both in the first and last place Or to express it in another Dialect the Publick Power and Authority of all Societies is above every individual contained in the same Societies of what quality soever Kings or not Kings All Imperial and Royal Dignities are instituted by the Commonwealth to preserve it self and not erected to preserve Royal Dignity otherwise or farther than it conduces to the Honour Safety and Happiness of the Commonwealth And that which is the End is far more honourable and valuable both in Nature and Polity than that which is the Means which leads us to the transcendent Law of Salus Populi to which all Imperial and Prerogative Laws are justly subservient and were they not conducing to those ends they were neither necessary nor yet expedient Plea of Force or Conquest cannot acquit Princes of that which is due to the People who are the Authors and Ends of all just Power for meer force ought not to alter Laws of Nature or frustrate the tenor of Laws of God or Man and if it could yet there were more reason why the People might justifie force to re-gain their undeniable Rights and Franchises than the Imperialists might to subvert the same It being unnatural that any Nation by it's own inherent and natural Virtue and Prowess should meerly establish Tyranny and countenance Slavery and to make that which is most Excellent subservient to that which is most Vile or to advance one from among themselves to the Throne that they themselves might be brought under Axes and Harrows Even Heathen Princes that have been Absolute have acknowledged themselves Subject and Servants to the Publick and born for that service as being well satisfied Populi rem esse non suam No Captain-General hath such unlimited and uncircumscribed Power but that if he should turn his Cannon upon his Soldiers they were ipso facto absolved of all Oaths of Allegiance and bound by a higher Duty both to God and Nature to preserve themselves by Resistance and Defence such tacite and implicite Trusts and Reservations are in all Publick Governments though of the most Absolute Nature and there must be these necessary conditions viz. that the Governed be Safe Free and Happy There is in all Laws a literal and an equitable sense No Government did ever give Power to their Kings for their woe but for their happiness If by the Letter of the Law Kings mis-improve their Power against the equity thereof then they give liberty to the commanded to refuse Obedience to the Letter for the Law taking abstract from its Original Reason End and Equity becomes a Shadow without a Substance a Body without a Soul which distinction if not allowed the very end of all Laws which is to minister impartial Justice indifferently to every Man and to give bounds and limits to the exorbitant wills of Princes and Governors will be disappointed Salus Populi being the Suprema Lex Execution of Laws according to their Equity and Reason is the Spirit that gives life to Authority the Letter kills Equity is so naturally implied in all Laws that are not meerly imperial from the Analogie that all bodies Politick hold with the natural whence all Government and Governors borrow a proportionable respect except we deem Obedience binds Men to cut their own Throats or their Neighbours For Kingdoms must not be without means to preserve themselves which always is intrusted in some certain hand with a Power to provide in an orderly way for the good and safety of the whole All the Priviledges Prerogatives and Authorities conferred on Kings by any People are but as so many Trusts reposed in them to improve for the good and glory of King and Kingdom and not to abuse or use at their own pleasure what ever the exegency of the Kingdom should be If that were so all our Laws would signifie little and therefore if Kings Govern not according to Equity and the Trusts reposed in them that Nation or it's Representatives may demand an Account and Redress For Kingdoms by no Law of God or Nature are to be left without a power and means to preserve themselves The Charter of Nature entitles all Subjects of all Countries to safety and freedom by its Supreme Law. If
was Art. 42. Expl. f. 84. So God by Jeremy threatned to destroy the men of Judah and Jerusalem for that they suffered their King Manasseh to be unpunished King. 4. 21. Jer. 15. And yet the People of Israel had no declared Sovereignty over their Kings but only a tacite and implied Sovereignty by the Laws of God and Nature So when Saul would have put Jonathan his Son to death the People would not suffer him so to do but delivered Jonathan that he died not 1 Sam. 14. When David purposed the reducing of the Ark his Speech to the People was If it please you we will send to the rest of our Brethren that they may assemble themselves unto us and all the Congregation said that they would do so for the thing was right in the Eyes of all the People 1 Chron. 18. After Solomon's death all the Congregation of Israel said to Rehoboam 1 Kings 12. make thy Fathers yoak which he put upon us lighter and we will serve thee because it lay in their choice to subject or free from the Kings Power The People likewise took Jeremy when he had prophesied against them and said Thou shalt die the death Jer. 26. And afterwards reversed their Sentence upon Jeremy's declaring That the words he spoke were commanded from God. Bilson 514 517. The Duke of Saxony and the Lantzgrave answered the Emperor Forasmuch as Cesar intendeth to destroy the True Religion and our Ancient Liberties he giveth us cause enough why we may with good Conscience resist him as both by Profane and Sacred Histories may be proved The Ministers of Magdeburgh delcare how the Inferior may defend themselves against the Superior compelling him to do against the Truth and Rule of Christ's Laws The German Lawyers made evident demonstration That the free States by the Laws of the Empire might defend their Liberties against Cesar to whom they were subject with that condition so may any other Nation if their Magistrates infringe their Laws and Liberties In the Troubles of Germany Anno Dom. 1546. when the Duke of Saxony and the Lantzgrave were Prescribed or Out-lawed they remonstrated That if the Emperor had kept his Covenants they would have done their Duties but because he began first to make the breach the fault is his For since he attempts to root out Religion and subvert our Liberties he giveth us cause enough to resist him with good Conscience matters standing as they do we may resist as may be shewed both by Sacred and Prophane Stories Unjust violence is not God's Ordinance neither are we bound to him by any other reason than if he keep the Conditions on which he was created Emperor Sleid. 18. p. 212 213. So the Magistrates and Ministers of Magdeburgh declared That if our Religion and Liberties left us by our Fore-fathers be preserved we refuse no kind of Duty that ought to be yielded unto Cesar or the Empire Now by the Laws themselves it is provided that the Inferior Magistrates shall not infringe the right of the Superior and so likewise if the Magistrate exceed the limits of his Power and command that which is wicked we need not only not obey him but if he offer force we may resist him Lib. 22. p. 266. Anno 1550. If a Prince should go about to subject his Kingdom to a Foreign Realm or change the form of a Commonwealth from Impery to Tyranny or neglect the Laws established by common consent of Prince and People to execute his own pleasure In these and other cases which might be named if the Nobles and Commons join together to defend their Ancient and Accustomed Liberties Regiment and Laws they may not well be accounted Rebels modestly expressed Bils 520. The People may preserve the Foundation Freedom and Form of their Common-wealth which they fore prized when they first consented to have a King the Law of God giveth no Man leave to resist his Prince But Kingdoms and Commonwealths may proportion their States as they think best by their publick Laws which afterwards the Princes themselves may not violate By Superior Powers ordained by God we understand not only Princes but all Politick States and Regiments some where the People some where the Nobles having the same Interest to the Sword that Princes have in their Kingdoms and in Kingdoms where Princes beat Rule By the Sword we do not mean the Prince's private will against his Laws but his Precepts derived from his Laws and agreeing with his Laws which though it be wicked yet may it not be resisted of any Subject with armed violence Many when Princes offer their Subjects not Justice but Force and despise all Laws to practice their Lusts not every nor any private Man may take the Sword to redress the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing right and withhold him from doing wrong then be they licensed by Man's Law and so not prohibited by God to interpose themselves for the safeguard of Equity and Innocency and by all lawful and needful means to procure the Prince to be reformed 520 521. Bishop Bedel a Reverend worthy Divine in his Answer to Mr. Wadâ—sworth to satisfie him quo Jure the Protestant Wars in France and Holland are justified saith That the Law of Nature doth not only allow but inforce every living thing to defend it self from violence Then the Law of Nations permitteth those that are in the protection of others to whom they owe no more than an honourable Acknowledgment in case they go about to make themselves absolute Sovereigns and usurp their Liberty to stand for the same And if a lawful Prince which is not yet Lord of his Subjects Lives and Goods shall attempt to despoil them of the same under colour of reducing them to his own Religion after all humble Remonstrances they may stand upon their own Guard and being assailed may repel Force with Force as did the Maccabees under Antiochus In which case notwithstanding the Person of the Prince himself ought always to be Sacred and Inviolable as was Saul to David And lastly if the inraged Minister of a Lawful Prince will abuse his Authority against the Fundamental Laws of the Country it is no Rebellion to defend themselves reserving still their Obedience to their Sovereign inviolate I mention these Two Bishops only as being above all exceptions against whom no just objection can be made either for Learning Piety Loyalty or right Church of England Men. Which considerations I presume kept them from being burnt in July 1683. Which Act surprized not a few sober Loyal Men because if the learned Men of all the Reformed Church of Europe be consulted they will be found Asserters of the like Principles Alas to sacrifice so many Worthy Learned Pious Mens Judgments to Fire and Fagot unheard unrefuted as it is not for their honour so it is no more convincing nor confuting than that Doctors Argument who would confute Bellarmine in
a wonderful deliverance of Israel and venture his own and his Peoples Lives and for what for but the bondage of his Enemies and satisfaction of his Lusts And if Herods Son stand in the way of his ambitious security it were better be his Hog than his Child Melius Herodis Porcum esse quam Filium Macr. Satur. 72. So that the Advocates of Arbitrary Power must justify Pharoah in all his opposition against God and oppression of Israel Moreover Pharaoh had more to say for the Justification of his Tyranny than some other Zamzummims can pretend to viz. that he was under no tyes of Civil or Religious engagements no reciprocal Oaths between him and Israel but having them in Bondage he seems to have something like a right of imposing his will for Law upon Israel yet accounted this Tyranny and Wickedness in Pharaoh Exod. 3. 7 8. So caitiff and prevalent a sin is the impetuous desire of Impery and Revenge tho to our utter ruin and destruction We all naturally love Domination and our Lusts better than our Lands we had rather part with Thousands of Rams and Ten Thousand Rivers of Oyl with the Fruit of our Bodies than with the Sins of our Souls which was the Leaven which fermented and boyled in the breasts of these Lawless Hectors And doth not the same leaven of Haughtiness of Oppression and Revenge ferment and boyl in the Hearts and Breasts of those in our days who so rule and so reign and ravage over whole Nations their Subjects Is it probable that God who having seen the afflictions of his People and heard their groaning and after he had shewed wonders and signs in the Land of Egypt and in the Red-sea and in the Wilderness Forty Years who for their sakes smote great Nations and slew mighty Kings Sihon King of the Amorites and Og King of Bashan and all the Kingdoms of Canaan Thirty one in number Josh 12 and gave their Land for an Heritage unto Israel his People Psal 135. 10 11 12. and taught them Statutes and Judgments to do and govern themselves by and in that good Land which he had given them in possossion which were so righteous that no Nation under Heaven had the like and which all Nations would confess that this great Nation was a Wise and Understanding People who hath God so nigh unto them Is it probable I say that God after he had delivered them so miraculously from so great thraldoms of quod libet licet should yet subject them to the like Lawless Persons or Governments in the world Examine all his Laws observe all his Statutes search all his Judgments and you 'l not find any the least footsteps that way tending only he foretold them what their Kings would do therefore they conclude that it was their just right so to do And because he said they shall be his Servants 1 Sam. 8. 17. therefore he had Right to make them his Slaves and use them like Bruits whereas nothing probably is thereby meant more than that they should be his Servants to pay Tribute Gen. 49. 15. and to serve in his Army when he went out to sight their own Battels Gen. 49. 15. But if Slaves be meant thereby yet it was violent and tyrannous because they had no Law of God or man to entitle them justly so to rule over them so that the Prophet did only declare what they would do not what was their Right to do Now if it be lawful to cry unto God for deliverance it is lawful also to use any rational lawful means and endeavours to extricate and relieve themselves They that will choose a King to the displeasure of God Almighty it s but just they should endure the Iron Furnace without his Relief Can any men not brutishly prepossed believe that God who never breaks his Covenants but keeps them even with his greatest Enemies and Rebels even with the most ungrateful and stiff-necked Jews and yet should establish a Right in Kings and Princes not only to break theirs but to leave the People without a Remedy till Doomes-day in the Afternoon till the day of Judgment there 's no doubt then but that they would be all of the Welsh-Mans mind and cry Let her alone till then and drive on still When Samuel told the Israelites the manner of the King that was to reign over them was it any more or other than what Elisha told Hazael when he should be King what he would do unto the children of Israel viz. Their Strong Holds wilt thou set on Fire and their Young Men wilt thou slay with the Sword and will dash their Children and rip up their Women with Child Did Elisha by this his Prophesy declare that Hazael when a King had just right so to do Surely no for Hazael being convinced of the contrary with great Indignation answered What is thy Servant a Dog that he should do this great thing 2 Kings 8. 12. 13. And yet to urge Samuel for proving an unlimiting power to be of right in Kings to do what they list uncontrolably what is it less then matchless Impudence and horrible Impiety When the Prophet Jeremiah told Coniah this hath been thy manner from thy Youth that thou obeyest not my voice Jer. 22. 21. Did he by telling him of that wicked manner and custom of his in not obeying his voice reproach him or declare a right that he had to do so No more did Samuel by telling the Jews the manner of the Heathen Kings derive a right to the Jewish Kings so to do but be the true meaning what it will what doth it concern Christians who choose Kings Princes Dukes Emperors and Captains general from among themselves grant them Commissions give them Tribute grant them Powers oblige them by solemn Oaths to govern it's true in their own names but by their Power conferred on them and for their Goods which if they abuse it devolves and returns back to them who gave it and they cannot devest themselves of it in which God concerns not himself immediately with it either by Dreams or Vision or by Urim or by Prophets but hath 1 Sam. 26. 6. given them general Precepts in holy Writ to govern themselves by to choose able men such as fear God Men of Truth hating Covetousness and place such over themselves c. Exod. 18. 21. and hath given Laws and Bounds to Kings c. Deut. 17. 17 18 19. which Laws tho' they most particularly concern Kings yet they are not thereby disobliged from the observation from all the other Laws of God to which the whole race of Mankind without respect of Persons is bound to observe and keep so that since the days of the Prophets the Christians neither ask a King by them neither do receive any one by his immediate appointment but make Kings of one from among themselves according to the Law of Nature and of Nations observing Gods holy Laws and Precepts When Samuel 1. 10. 25. told the People
Monster of a Priest the Author of Julian the Apostate whose whole Book is as great an Apostacy from the practice of Primitive Christians the Precepts of Obedience delivered by Christ and his Apostles and Christianity it self as ever the Apostate Julian was guilty of pag. 19. In which he is not alone being called by others impudent unskilful profligate Wretch and mercenary Scribler which are stones only not confutations The practice of former Ages is much urged for justification of their Passive Obedience and amongst them the Thaebaean Legion is their great exemplar who I doubt not but had in prospect that of Christs Kingdom there was no end that they should reap if they fainted not that their Combate was to be but short their Victory sure their Crowns safe their Triumph eternal that God's Grace was all sufficient here to support them and his Glory all-sufficient hereafter to reward them and so cheerfully laid down their Lives at the Emperors unjust commands and died Martyrs But not to derogate from their dying according to the dictates of their Consciences I humbly conceive and am of Opinion that they had been more truly valiant for the Truth and done more right to Christian Religion and less guilty of being Felones de se that having so much Power in their hands as they had and such advantages of the Emperor he being then in straights if they had appealed unto the Lord of Hoasts by standing upon their Guard and defended themselves For as the Emperor had no just Authority to command them to sacrifice to Idols so they had no Obligation to obey his unjust commands and therefore the Force being unlawful the Defence must of necessity be just and lawful Moreover this very History is by many learned Men accounted but a meer Fable and so can do them no courtesie there being no Historian that mentions it in above Two hundred years after it was said to have happened CHAP. XII Some Objections answered God accounts the breach of Covenants as the pollution of his name Power of the People St. Ambrose's behaviour towards Valentinian They who accept of Power from others to them they are accountable Publick good preferrable before private Delegated powers if abused naturally returns to them who gave them and are subject to the Laws which are supream Kings no more sacred than the People By the law of nature the right of the People is supream and to be preferred THE contrary is often objected for that Paul writ this to the Romans Nero a cruel Tyrant being then Emperor which is not certain for that very Learned Men are of Opinion that this Epistle was writ when Claudius a good and well natur'd Prince was Emperor and his Government easy besides the first Five Years of Nero's Government was very mild and moderate from which uncertainties no certain ground or argument can be drawn wholly to submit to Tyrants be their Governments never so uneasy O but God gave all Nations viz. the Edomites Moabites Amorites Tyrians and Sydonians and their Kings to Nebuchadnezzar to serve him and his Son and his Sons Son until c. very well and good reason to and he tells you why I have made the Earth saith he the Man and the Beasts that are upon the ground by my great power and by my out-stretched Arm and have given it unto whom it seemeth meet unto me So Daniel this matter is by the decree of the most High to the intent that the living may know that the most High ruleth in the Kingdom of Men and giveth it to whomsoever he will and setteth up over it the basest of Men And good reason to for his Kingdom is an everlasting Kingdom and his dominion is from generation to generation If now the Kings of the Earth can shew as good Titles for their Crowns Thrones and Scepters as Nebuchadnezzar had from God himself then may they also abuse their Power and play Rex as he did but if they do not then may they also expect the like Judgment as befel Nebuchadnezzar and be driven from men by men and their dwelling to be with the Beasts of the Field But such Almighty appointment being now ceased the Governed who now appoint Kings from among themselves may justly hold themselves disingaged from any slavish submission Methinks Kings even now adays should take warning from this very Nebuchadnezzar who when contrary to his duty he exalted himself above his Brethren who shall stand in an equal distance with himself before the great Tribunal where there shall be no respect of Persons walking in the Palace of his Kingdam refusing the Council of Daniel to break off his Sins by Righteousness and his iniquities by shewing mercy to the Poor that it might be a healing of his Errors exalted himself above the height of the Clouds making himself equal to the most high viz. is not this great Babylon that I have built for the house of the Kingdom by the might of my Power and for the Honour of my Majesty Lest they also when they keep no Promises no Oaths no Protestations but break or wrest or sham them and the Laws which the People hath chosen and by which both King and People ought to govern and be governed may come to some such fearful end Must Tyrants Usurpers or Lawful Magistrates Oppressors draw or deduce their power of quod libet licet over any People from God and shall not the Governed deduce their power also of freeing themselves from slavery from God also and from the Law of Nature it self If God send Judgments upon a Nation by permitting Tyrants to rule over them for their sins or by sending Pestilence Famine Fire Sword or Wild Beasts to punish them and may they not seek and endeavour their freedom and relief from all or any such Judgments though sent of God and may not that Nation make use of any means that Providence shall furnish them withall to free themselves quis nisi mentis inops will doubt it When ever God pleaseth to stir up the spirit of a Nation or of a Cyrus or of a Zerubbabel Hag. 1. 14. or of a Pul or of a Tiglathpilnasar 1 Chron. 5. 26. in which cases vox populâ— est vâ—x Dei they may make use of what power God pleases to put into their hands or hearts for their own relief What more ordinary than for God to make use of Kings and Nations as Rods to punish Sinners and then throw them into the Fire to set up a Nebuchadnezzar as his Servant whom Kings and Nations shall serve and after the appointed time then many Nations and great Kings to serve themselves of him which is a document to cautionate all Princes how they abuse their Power or magnify or exalt themselves above their Brethren or have humane ordinances for so St. Peter calls them power only to constitute that which is good and not be of force and effort to remove or remedy or redress any evil Far be it that
of Germany confirmed in the Regency by the States following the example of the Bastards is Crowned King and afterwards was degraded from the Empire and the Crown Charles the Simple after Twenty two years was forced to renounce his Crown though a lawful King. Lewis the Fourth his Son carried into England by his Mother c. And Ralf or Raoul Duke of Burgundy called to the Crown though an Usurper after whose death the said Lewis the Fourth called Doutremer is restored to the Crown Lewis the Pious though the Son of Charles the Great yet was elected anno 812. in whose Will extant in Naucler Charles the Great besought the People that they would chuse one of his Nephews which they pleased by the publick Council of the Kingdom and commanded his Uncles by the publick decree of his People to acquiesce Hence Carolus Calvus Charles the Bald a Nephew by Lodovicus Pius and Juditha confesseth himself chosen King. Aymoinus Historiogr 85. From the Merovingiens being Twenty two Kings of the Merovees to the Garlovingiens by Charles Martel Major of the Palace in name but King in effect of which Race there have been Thirteen Kings then the Crown came to the Capets In the choice of Pharamond first King of France after many Harangues pro and con about all kinds of Government at last they resolved on Kingly Government as the best sort of Government then the Lords Peers Magistrates and chief Captains as Representatives of all the People chose him King and was Inaugurated or Crowned by setting him on a great Shield or Target and carrying him into the Field where also both the common Soldiers in Arms and the People were assembled who confirmed and approved the choice by their Acclamations about the Year 419 or 420. And then they did Swear to the King to keep Faith and Allegiance to Honour Serve Maintain and Defend him against his Enemies but on condition that he be Religious Valiant Just Merciful Impartial Diligent understanding in management of Affairs skilful to resist their Enemies to punish Evil doers and to preserve the Good and to defend the Christian Faith likewise This Mutual and Reciprocal Swearing and Covenanting equally obligatory on both sides was the Custom from Pharamond to Pepin and afterwards in the Race of the Carliens descended of Pepin the French of their own free will chusing their Kings the Crown in those Days not descending Hereditarily If at any time the Crown came to the Son or Brother did succeed the Father or Brother it was not by any right of Inheritance or Succession to which they could not possibly have any right or pretence by any Law of God or Nature that wholly depending on consent of Parties to be governed but only through the affection which the French did bear to the memory of the good King deceased After Pharamond they chose one Daniel a Monk whom they sirnamed Chilperick whom for his Debauchery they banished and chose one Gillon or Gilles a Roman Senator or Master of the Roman Militia for their King who Governing as ill as Chilperick they sent and intreated Sigibert King of Metz to take the Crown of France and Crowned him Les Burguignons and les Austrasiens having made Peace with the other French chose Clotaire for their King in all the Three Kingdoms and afterwards chose Childerick King of Austrasie who delaying to come they chose one Odon After the decease of Dagobert his Son Clovis being young they chose him after his decease they chose his Son Clotaire King who dying Four years after they chose Thyerre his Brother whom they afterwards deposed and chose Childerick in his room Histories are full of the like examples in other Kingdoms Afterwards in the Posterity of Pepin who having been Ten years Master of the Palace to Childerick a weak Prince set up for himself and by his Power and Artifices by the help of Pope Zachary his ghostly Father dispensing with the Oath of Allegiance which the People had Sworn to Childerick the last King of the Race of Clovis whom the People caused to be put into a Monastery And after the death of Pepin the French by common consent chose Charles and Carloman his Son for their King with a charge that they did equally part and share the Kingdom between them At the end of the Race of Pepin Lewis King of the Francs being dead they being willing to transfer the Kingdom to Charles King of Austrasie or according to others Duke of Lorrain but whilst he deferred his coming Hugh Capit took possession of the Crown It is also evident in Story that one Kings Son hath been rejected and another inthroned For the French not being pleased with the Infancy and Weakness of Charles Son of Loys de Begue about Nine or Ten years old chose for their King Odon Son of Robert Saxon which was killed by the Normans in Battel and that Two years after they being displeased with the Government of Odon they discharged him of the Government and set up Charles again who misbehaving himself was imprisoned and they put in his place Raoul King of Bourgongue by which examples it is apparent the Kings of France were Elective not Hereditary But after they obtained Hereditary Possession of the Crown the Custom of the Election by the People which had lasted long being laid aside the Kings were Crowned and Chosen at Rhemes by the Peers of France in the name of the Church of the Nobles and of the People Bernard de Gerard. Sieur Mezeray Jean de Serres In summ All Kings were at first Elected and Chosen by the People and though now many succeed by Inheritance as by much the better way yet that way also is Constituted Approved and Confirmed by the People or their Representatives No Kings drop out of the Clouds neither do they start out of the Earth though the People chuse the Root yet do they not so absolutely chuse the Stems or Branch but if they do degenerate they in Prudence and Justice may make a better choice The Heirs of such Roots are not so much born Kings as adopted so not so much Kings as fair Candidates for Crowns Presumptive Kings only where Succession is not settled by Laws made by publick consent CHAP. V. Some Opinions of Hobs's Machiavil Pulpits and others examined The Peoples Power asserted in chusing refusing and rejecting Kings according as they did or did not observe Laws and Covenants Covenants equally oblige If broken by one the other is thereby set free Vsages and Customs of other Nations Sad examples of Perjury IT is true that Machiavil Hobs the Pulpits and others do inculcate That Kingly Power is so founded by God immediately that there remaineth nothing human in it and that publick consent is nothing at all requisite and that Kings are responsible to God only which is the ground of all Tyrannical Arbitrary and Unbounden Sway. For if Kingdoms by common consent can neither set Bounds nor Conditions nor judg of
Pulpit it that if they do break their Covenants yet they are accountable to none but God What is this less than like false Prophets to create Subtilties and coin Evasions to rob Kingdoms of their Laws Liberties and Religion and to seduce and betray Kings to the pit of Hell even to Tophet it-self A very trick to tempt Kings to break Covenants and Perjure themselves CHAP. VIII Judges-not less essentially Judges and the immediate Vicars of God than Kings What Powers and Prerogatives Kings have they have them from the People The Peoples Prerogatives They are to be governed by Laws of their own making quas vulgus eligerit JUdges are not less essentially Judges and the immediate Vicars of God than Kings They who judge in the room of God and exercise the judgment of God are as essentially Judges and the Deputies of God as Kings Inferior Judges appointed by King Jehosaphat were commanded by him to take heed what they did for yee judg not for man but for the Lord 2 Chron. 19. 6. By which it appears that they were Deputies in the place of the Lord and not the Kings Deputies in the formal and official acts of Judging and so owned by the King himself If they were not then Kings might command his Judges as his Servants to give what Judgment they pleased but Kings ought not to guide or limit the Consciences of Inferior Judges because the Judgment is not the Kings but the Lords the reason is demonstrable for that Kings have no Authority to command any other to do that as King for the doing whereof he hath no Power from God himself Moses appointed Judges but not as his Deputies to judge and give Sentence as subordinate to Moses for the judgment saith he is the Lords not mine Deut. 1. 17. and their directions to guide them in judgment is from God himself by Moses viz. ye shall not respect persons in judgment c. Yet the Judges may quodam sensu be termed Deputies of the Kings because they have their external call from them If Kings are to be obeyed because they are Powers from God so are Inferior Magistrates also for they also are Powers ordained of God. By me Kings reign and Princes decree justice By me Princes rule and Nobles even all the Judges of the earth Prov. 8. 15 16. By which it is apparent that the Power of Judges Nobles Princes c. all Officers of the Kingdom not of the King is as really and truly from God as that of Kings and differs not in nature from that of Kings but secundum magis minus only both being Powers ordained of God and to resist either is to resist the Ordinance of God both being Minister of God for the good of the governed both obliged so to Govern that the governed for whose good they are equally intrusted may lead a quiet and peaceable life in all godliness and honesty 1 Tim. 2. 2. and to judge righteously between every Man and his neighbour and not to respect persons in judgment but to hear the small as well as the great and not to be afraid of the face of men and the judgment administred by all is Gods 2 Chron. 19. 6. Deut. 17. 19 20. Isaiah 1. 17. and God owneth inferior Judges as a Congregation of Gods Psalm 82. A Senate of Kings not so stiled any where Yet all are equally called Gods John 10. 35. and that rightly for as Kings are God's Deputies by the mediation of the People so inferior Judges are God's Deputies also by the mediation of Kings and of the People and we find that Judges were some time chosen by the People So Jepthah was made Judge then Jepthah went with the Elders of Gilead and the People made him Head and Captain over them Judg. 11. 11. But that God gave Power of Tyrannizing to Kings so as they cannot be resisted or called to an account which he gave not to Judges cannot be made out by any Scripture What Scripture doth warrant that the People might rise up in Arms to defend themselves against Moses Gideon Ely Samuel and other Judges should they have Oppressed or Tyrannized over the People Or that it is not lawful to resist the most Tyrannical Kings of Israel Judah and yet lawful to resist Oppressing and Tyrannical Judges But certainly God Almighty that made the whole Creation not only for his own Glory but also for the Good and Happiness of the whole Race of Mankind would never give any Power to Kingly or any other Form of Government to Oppress and Tyrannize over the governed uncontrolably and unaccountably whose Blood is always precious in his sight and in whom is all his delight It is monstrous so to conceive and derogatory to the very Mercy Justice and Purity of God that he should Create the whole World for the Comfort and Solace of Mankind in general without respect of Persons and yet at the same time subject them to Kings to be used as slaves or which is as bad not to be resisted or not to be accountable to any human Power if they at any time should Tyrannize Certainly such Opiniators and Preachers of such Doctrines do as much as in them lies to frustrate and defeat the whole design of the Creation which was designed for the benefit joy and delight of the whole Race of Mankind in general and by this Doctrine it shall be at the pleasure of every pettish haughty Prince to make every Principality every Kingdom an Aceldama a Golgetha an Iron Furnace an Egyptian Slavery what not Which God the Great and Wise Creator abhors and manifested his Wrath and Indignation against it by pouring his severe and manifold Judgments upon that very Nation which pleaded nay hectored for his Prerogative so long with God himself till he overwhelmed him and all his Hoast with his Prerogatives in the red Sea. Obj. Abstracta concretis sunt puriora perfectioria The Powers that Kings have they have it from the People who make them Kings and they having no absolute Power over themselves cannot contribute any such Power to Kings The Powers that the People have are only Natural and Legal and Political viz. to make and submit to such Laws as may preserve themselves in Peace and Godliness and from unjust Violence and Oppression by the Conduct and Management of good Rulers Now absolute Power above a Law is a Power to do ill and to destroy Nations which no People have it being against Nature that any should have a Power by the Law of Nature which is the Law of God to destroy themselves Therefore though the People should invest Kings with all the Power that they have yet if Kings Tyrannize over the People to their hurt and destruction they usurp a Power which the People never gave them it not being in their Power to give them the Power it self being against the Law of Nature and consequently against the Law of God for that all acts of Tyranny are Oppression
and sinful Injustice and therefore cannot be from God. Dum contra officium facit Magistratus non est Magistratus quippe à quo non injuria sed jus nasci debet and consequently they who resist the tyrannous acts of Kings do not resist the Ordinance of God. What were it less than Blasphemously to charge God with prevaricating with his People if in Authorizing Kings to preserve them should give them liberty without all Politick restraint to destroy them Which is contrary to God's end in the Fifth Commandment that one Man a King should have absolute Power to destroy Millions of Souls and Bodies uncontrolably If the Kings of Israel and Judah were under censures and rebukes of the Prophets and sinned against God and the People in rejecting such rebukes and in persecuting the Prophets and were under and liable to all the Laws of God as all other People though their Subjects were then is their Power not above any Law nor absolute That these matters of Fact are true sit liber Judex Samuel rebuked Saul Nathan David Elias Achab. Jeremiah is sent to Prophecy against the Kings of Judah Jer. 1. 18. and the Prophets practised it Jer. 19. 3. Ahab could not take Naboths Vineyard against his will without the formality of Law and without the help of Men of Belial to boot for which violence offered to Law and Justice in the place where Dogs licked the Blood of Naboth shed by shamming of Laws by Innuendoes and false constructions of Laws the Dogs did lick the Blood of Ahab and did eat that cursed Woman Jezabel by the wall of Jezrael and her Carkass became as dung upon the face of the field A Document to all Kings and Princes for giving any countenance to Violence or Oppression or to shamming any Laws by any irresistable or prevalent Influences and the Inferior Judges ought not to accept the Persons of any in judgment whether small or great for the judgment is the Lords and their office as much of divine right as that of the Kings then certainly we may justly conclude That Kingly Power is neither above Law nor yet absolute for Kings who swear to Govern according to Law it is contrary to common sense nay impossible they should have an illimited or absolute Power either from God or the People for foedus conditionatum or promissio conditionalis mutua facit jus alteri in alterum it 's not to be thought that Kings can at one and the same time and in the same breath justly swear to Govern according to Law and at the same time interpretatively and secondarily swear to Govern absolutely and without Law. If the governed in Senates Parliaments and Dyets may call in question the Acts Previledges Charters and Commissions of Kings granted to any Persons and null and vacate them circumscribe and dock any of their Prerogatives may increase or diminish his Revenue and State may call into question any of his Friends Counsellors or Ministers of State and punish or remove them If the governed may appeal from Kings to Senates Dyets or Parliaments and may not appeal from them to Kings all which may and have been done as the publick Monuments of Laws do testifie who of sound judgment can deny the Power of the People in Dyets Senates and Parliaments to be above that of Kings If in an Interregnum Senates Dyets and Parliaments have Power and which is plain by Histories without regard had to right of Inheritance have created Kings whom they pleased and altered Successions In summ If Dyets Senates Parliaments are the Supreme Council of Nations constituted by the People indued with Power from them to this very thing that they may consult in common of the weighty matters of Kingdoms and common good and Kings therefore created that they should see executed what they did advise and agree upon quis nisi mentis inops can deny upon such plain evidence and demonstration that the People in Parliaments Dyets and Senates are not only co-ordinate and have a share in the Government but are also in some sense and some places superior to them for that they can do more than Kings Kings have their Prerogatives true and very fit they should have So have all other Governments be their Prerogatives what they will Power of the Militia making War and Peace calling of Councils Dyets Synods Senates Parliaments nominating Judges and other publick Officers of Kingdoms c. they are all derived from the People and transferred for their own good and so always expressed or implied If they make ill use of the Militia it 's a breach of trust and no obligation of Obedience and Submission is due if they make ill Leagues the People not bound to confirm or assist if they call Dyets and Parliaments it is not for their peculiar interests but for the good of the whole and nothing done therein can be of force unless the free assent of the convocated be first had Which demonstrates it is the Office and Duty of Kings to call those great Councils as oft as the People see cause and desire it and to continue them till they have the benefit designed And though the Royal Assent be desired it is but for the Honour of the business for what concerns common good safety and liberty they ought to pass by virtue of their Oaths and Office. Non negabimus non differimus cuique jus aut justitiam Chartae Artic. c. 29. Will not Kings deny Justice and may they deny just Laws Not to private Persons and yet to the Representatives of Nations Not in the Inferior Courts and yet in the Supreme They are created and elected Kings that they should do Justice to all indifferently Bracton l. 3. c. 9. Ad hoc creatus electus est ut justitiam faciat universis per eas nimirum leges quas vulgus elegerit Hence in Archivis H. 4. Rot. Parl. N o. 59. Non est ulla Regis Prerogativa quae ex justitia aequitate quicquam derogat Kings have no Prerogative which derogate from Justice and Equity And when Kings have refused to make or confirm Magnas Chartas good Laws they have been compelled by force of Arms and such Laws accounted as good and valid by the best Lawyers the reason given is That they of right and of their own accord ought to have assented unto that which they were forced to do All Courts of Judicatory are Authorized and Confirmed by Parliament in which it is Lawful for the meanest of Subjects to implead Kings in which Courts Judgment is often given against Kings which though endeavoured to be contradicted or countermanded by Kings yet the Judges by the Laws of God and Man and by their Oaths are obliged to refuse their Mandamus's and to give right Judgment for the judgment is the Lords Kings can justly Imprison no Man nor punish any Man nor seize their Goods or Estate without Citation out of Courts where the Judges not Kings have all the Power So
Bracton l. 3 c. 9. Regis potestas Juris est non Injuriae and nihil aliud potest Rex nisi id solum quod de Jure potest The Power that Kings have is to do right not to wrong the least of their Subjects The most ancient Records do evidence that they own what Power they have not to Force or Arms not to Inheritance not to Succession but unto the Grant of the People Records tell us that such Kingly Power was given by the People unto Hen. IV. and before him to Rich. II. Rot. Parl. 1. Hen. IV. N o. 108. And accordingly Kings by their Edicts Patents Commissions Diploma's do Authorize their Deputies Lieutenants and Presidents So the House of Commons granted to Rich. II. that he should enjoy such Liberties and Franchises as Kings his predecessors enjoyed before him which when he contrary to his Oath did violate and abuse to the subversion of the Laws was by the same Power deposed The same Roll testifieth that they gave like Power to Hen. IV. which Powers were plainly fiduciary and which the Parliament would not have given but that they had a right so to do neither would the King have been so injurious to Posterity as to have accepted of it from the Parliament had they had a just right to such Powers in themselves without such deligation which plainly shews Kingly Powers to be fiduciary acquired not innate nor inherent in their Persons such Powers as Generals of Armies Imperatores Bellici have deligated to Defend not to Subdue or Oppress them from whom their Power is deligated It were impar congressus great folly nay madness for Parliaments and People to chuse Kings and swear them to the observance of a Chart of Laws how great soever that they may have Power of the Militia absolutely in their own Power to play Rex with all unaccountably In summ Kings do not Govern by a meer Kingly or Divine Power but by a Politick Power the People being to be governed by the same Laws which they themselves do make and not by such Laws as Kings shall please to impose at their own will and pleasure In summ We are all born free and may make what Laws we please and commit the Administration and Execution of them to one or more as we please always observing one above the rest most Ancient and most Authentick even the Law of Nature ever to be had in greatest Veneration which directs all Laws all just Right all civil Impery not to the will pleasure and lust of Kings but to the Good of the governed CHAP. IX What was Lawful for the Jews to do for the keeping of the Law and maintaining and propagating of Religion is Lawful now for all Christians under the Gospel certainly God never Covenanted nor ordained Covenanting in vain whether for Religion or Civil Rights FROM what was Lawful for the People of the Jews to do and from what was commanded them by God to do concerning the keeping of the Law and observation of his Commands we may conclude that the same is now Lawful for Christian People of any Kingdom to do concerning the Care Practice and Defence of both Law and Gospel God having chose the People the Jews above all the Nations of the World to be his peculiar People made a Covenant with them That when they came into the Land of Promise they should be his People and he would be their God. This is expressed as in many places of Holy Writ so more especially Deut. 7. 6. 14 2. The Lord thy God hath chosen thee to be a special and peculiar People unto himself above all People that are upon the face of the Earth And the force of the Covenant was That all the People should take care that God should be purely worshipped and served of all the Tribes and that he should have a pure Church in the midst of them Deut. 27. 9. where Moses and the Priests and Levites as Ministers and as in God's stead spake unto all Israel saying Take heed and hearken O Israel this day thou art become the People of the Lord thy God thou shalt therefore obey the voice of the Lord thy God and do his Commandments and his Statutes which I command thee this day Deut. 17. 9 10. But more fully yet in Joshua who gathered all the Tribes of Israel to Sechem and said unto all the People thus saith the Lord God of Israle your Fathers c. Now therefore fear the Lord and serve him in sincerity and truth c. And the People answered We will serve the Lord for he is our God. And Joshua said unto the People ye are witnesses against your selves that you have chosen you the Lord to serve him And they said We are witnesses the Lord our God will we serve and his voice will we obey So Joshua made a Govenant with the People that day Josh 24. 2 14 18 22 24 25. and Joshua read all the words of the Law the Blessings and Cursings over against mount Gerazin and mount Ebal according as they kept or violated the Covenant There was not a word of all that Moses commanded which Joshua read not before all the Congregation of Israel with the Women and the little Ones and the Strangers that were conversant among them And all the People answered Amen Deut. 27. Which Premisses will yield this natural conclusion That this Stipulation did not oblige one single Person only but all the People of every Nation to take care that God's Laws and Covenants be kept and performed and that Idolatry Superstition c. be banished and destroyed For the same reason all the Tribes did Encamp and pitch their Tents round about the Ark where it lodged to shew that that which was recommended to the care of all should be governed and defended by all Numb 2. 2 17. Consider the practice hereof The Gibeonites having abused the Levites Concubine to death the Levites divided her into Twelve pieces and sent her into all the coasts of Israel then all the Children of Israel went out and the Congregation was gathered together as one Man in Mispeh considering that so great a sin committed in Israel ought to be expiated and punished by all to whom after the Levite had declared the wickedness they by common consent resolved to have satisfaction of Gibeah and the Benjamites which being refused they fought against them and destroyed them to which God gave incouragement and success Judg. 19. 20. Thus was the breach of the Second Table of the Law expiated on a whole Tribe which had so offended by all Israel So ought all Nations to do their utmost to revenge such Impieties We have the like Example for the breach and violation of the First Table Josh 22. When the Children of Ruben and the Children of Gad and the half Tribe of Manasseh had built an Altar by Jordan verse 10. Which when the Children of Israel gathered themselves together at Shiloh to go up to War
against them for that in so doing they had rebelled against the Lord and rebelled against them for having thereby violated the Covenant which they all made with God in building an Altar besides the Altar of the Lord their God verse 19. not for worshipping as they truly professed but for memorial so fearful they were of God's Wrath that they presently dispatched an Embassy by Phineahs and with him ten Princes of each chief House a Prince throughout all the Tribes of Israel to their Brethren to expostulate the matter and to prevent their sin And see how pithily they dealt with them Is the iniquity of Peor too little for us from which ye are not cleansed to this day but that yee also must depart from following the Lord verse 17. and it will be seeing yee rebel to day against the Lord that to morrow he will be wrath with the whole Congregation of Israel verse 18. Therefore rebel not against the Lord nor rebel against us in building you an Altar besides the Altar of the Lord your God verse 19. Did not Achan the Son of Zerah commit a trespass in the accursed thing and wrath fell on all the Congregation of Israel And that Man perished not alone in his iniquity verse 20. But they returning Answer by the Ambassadors That they built it not to turn from following the Lord nor for burnt offerings nor for sacrifice but for memorial only and for a witness between us and you and our generation after us that we might do service to the Lord c. verse 26 27. Then Phineahs and the Princes of the Congregation and Heads of the Thousands of Israel which were with him said to the Children of Reuben c. This day we perceive that the Lord is among us because ye have not committed this trespass against the Lord but have delivered the Children of Israel out of the hand of the Lord verse 30 31. These practises are sufficient warrant and Authority to all Nations and degrees of Christian Men to maintain and defend the true Christian Religion in it's purity against all opposers for as the Covenant was made with all so all are obliged to stand to it qui non vetat peccare quum possit Jubet What sins of others we labour not within our Province to prevent are ours in the guilt as well as those of our own personal commission Besides this Fact of the Children of Reuben and the rest had it not had that just excuse it had been Rebellion as well against their Brethren as against God and is so declared verse 19. Rebel not against the Lord nor rebel against us and would have provoked God's Wrath and pulled his Judgments on the whole Land in which common Calamity the just and innocent must have suffered and been involved as well as the unjust Offenders and therefore by the natural Law of self preservation they justly might endeavour to prevent the Judgments and Curses threatned by their own strength and endeavours for which reason also all Nations are obliged and have just warrant by the Law of God and Nature to prevent both by Councel and Force as far as in them lies and they sin if they do not The Law warrants it Thou shalt rebuke thy neighbour plainly and not suffer him to sin Levit. 6. 17. The Gospel countenances the same Communicate not with other mens sins 1 Tim. 5. 22. This Covenant was first made between God and the People Afterwards when Kings were set over the People the very same Covenant was renewed and confirmed At the Installation or Inauguration of the King there was a twofold Covenant made first between God the King and the People or between the high Priest God's Substitute the People and the King the People being preferred to the first place 2 Chron. 11. The end and design of which was That the People should be the Lords People 2 Chron. 23. 16. 2 Kings 11. 17. And the King went up into the house of the Lord and all the men of Judah and all the inhabitants of Jerusalem with him and the Priests and the Prophets and all the People both small and great and he read in their Ears all the words of the Book of the Covenant which was found in the House of the Lord. And the King stood by the Pillar and made a Covenant before the Lord to walk after the Lord and to keep his Commandments and his Testimonies and his Statutes with all their heart and with all their soul to perform the words of this Covenant that were written in this Book and all the People stood to the Covenant 2 Kings 23. 2 3. Most certainly God never ordained this Covenanting between King and People in vain If the People had no Power nor Authority in promising and performing Covenanting and Reciprocal swearing had been meer superfluous and vain appointments And for certain God never created nor ordained any thing in vain Most probably nay most certainly the Covenant was made inter King Priest and People for the more certain performance thereof that if either the one or the other did the Work of the Lord negligently or violate the Covenant the other might force obedience and performance and be a check to each other The Priest to teach them the Law. If the People transgressed the King to use his Authority if the King the People to use their utmost and all to prefer the good and benefit of the whole before any private Interest whatsoever Both King and Israel plighted their Troths together not separately If two are joyned in Covenant of such a nature as cannot be broken by the one but the other must necessarily and unavoidably be damnified and endangered by such breach the injured Party may in common Justice and by the Law of Nature defend and right himself If Israel forsake God and worship Idols the King may punish If Kings sin after the same manner Israel may reform by the same Law. Thou shalt make no Covenant with them nor with their Gods they shall not dwell in the Land lest they make thee sin against me Exod. 23. 32. But yee shall destroy their Altars break their Images cut down their Groves c. Exod. 34. 13. Of the self-same nature is the Covenant here treated of God in his infinite Wisdom thought it best not to commit the care and oversight of his Covenant and of his Church and People to the will and pleasure of one single Person but as both King and People are all the anointed of the Lord and equally concerned in the keeping or violation thereof and consequently in the Blessings and Cursings denounced on Mount Gerazim and Mount Ebal so his Charge was equally incumbent both on King and People that it being equally every Man's concern so it is every Man's duty and care both joyntly and severally that it be kept inviolably and he will require performance accordingly at their Hands Saul being constituted King over Israel Samuel being Priest and Prophet
God had promised to make of him a great Nation though he should destroy them yet he besought God so earnestly that if he would not forgive their sin that he would blot him out of the Beâ—k of Life If Magistrates now adays had the like zeal for the good of the Bodies and Souls of their People how happy would Kings how happy would the People be When the Israelites by reason of the ill Government of Samuels Sons desired a King like all the Nations God whom by such desires they had rejected yet told them the manner and custom of those Kings Heathens you may be sure who knew not God nor his righteous Judgments 2 Sam. 8. 11 12 13. was very Arbitrary governing by an Army that they may go in and out before them and fight their Battels and judge them Arbitrarily yet so peremptory were they that they rejected the just and a righteous and easy Government that God had appointed over them Nay but we will have a King over us as other Nations and they had one that used them accordingly Therefore Solomon might well say as in Ecclesiastes I counsel thee to keep the Kings Commandment for he doth whatever it pleaseth him Where the word of a King is there is Power and who may say unto him What dost thou It being then the manner of the Kings of Nations Heathens so to govern volenti non fit injuria which manner remains even to this day among the Eastern Princes and let them that delight to be so governed have their Belly full of it But God hath provided better Laws Judgments and Statutes for his People whom he hath chosen out of all Nations to be a Peculiar People Redeemed by the Blood of his only begotten Son Jesus Christ blessed for ever Where the Word of a King is there is Power and who may say unto him what doest thou This he wisely advised to those who would be so governed and to Single Persons but not to whole Kingdoms or their Representatives the practice was otherwise even by Gods own command Elisah told Ahab that he and his Fathers House had troubled Israel 1 Kings 17. 18. Samuel told Saul thou hast done foolishly 1 Sam. 13. 3. So Nathan told David thou art the Man. 2 Sam. 12. 7. Obj. But these Men were extraordinarily commissionated Sol. Be it so so are all they Commissionated that follow their Example though not immediately from God himself yet tacitely by his general Commands universally and eternally true Viz. Thou shalt not hate thy Brother in thy heart thou shalt in any wise rebuke thy Neighbour and not suffer Sin upon him Levit. 19. 17. Is it fit to say to a King thou art wicked and to Princes ye are ungodly Saith Job 34. 13. Reprove not a Scorner lest he hate thee rebuke a Wise man and he will love thee Prov. 9. 8. These are prudential Documents how to manage rebukes but exempts not Kings and Princes from being rebuked He that rebuketh the wicked getteth himself a Blot ver 7. In such case the Apostles give good Advice Give not that which is holy unto Dogs neither cast Pearls before Swine lest they trample them under their Feet Indeed if Kings and Princes are such Bruits then Tophet is prepared for them and shall be their Doom Isa 30. 33. And Men will be wiser than to run their Heads against Brick Walls But Truths seasonably spoken can do no man no wrong and ought graciously to be received Solomons intimation is good Where the word of a King is there is Power and who may say unto him what doest thou Eccl. 8. 4. Indeed it is a folly in any Man to contend with any Man King or not King that is mightier than he Eccl. 6. 10. But all these Apothegms relate chiefly to Private Persons not to whole States and Kingdoms who have just Power to defend their just Rights against Princes that usurp more Power to themselves than ever God and the People gave them And to urge Samuel a Prophet in a wrong sense is with the Witch at Endor to raise a False and Counterfeit Prophet 1 Sam. 28. 11 12. Can it ever be imagined that God gave countenance or encouragement to Kings to work Wickedness to oppress or violate all Laws and Covenants and yet be blameless and unaccountable here on earth He hath commanded no man to do wickedly neither hath he given any man licence to sin Eccl. 15. 20. God never breaks his own Covenants but keeps them for ever and always punished them that did and shall they who call themselves his Vicegerents like Wild Boars of the Forrest or like Bears robb'd of their Whelps break through all Laws and Bounds and yet be blameless and unaccountable to them who made them Kings designedly to be subject to Laws and not to destroy them or like Foxes of the Wilderness by craft and subtilty by shamming Laws or perverting Righteous Judgment or by packing an Alteration in Government and slide thereinto insensibly by tricks and querks of Law or to draw Arguments from the manner and custom of Kings Heathen for Jus Regium to be the Right of Kings Christian to do as they list quod libet licet uncontrolably is as much as in them lies to do as the Rebellious and Ungrateful Israclites did vilify set at naught and reject the Government which God established by his infinite Wisdom Where such Doctrines are embraced as true what better conditions are Christians under than Heathens nay then Brutes Did God think you create the whole Race of Mankind without respect of Persons after his own Image a little lower then the Angels and crown them with Glory and Honour and give them dominion over the works of his hands and put all things under their Feet and yet at the same time to subject them to Axes and Harrows to Thorns and Briars to the lusts and pleasures of a few Kings chose by themselves from among themselves for the sake only of Order Peace and Well-fare of them all It 's true that seeing the Israelites notwithstanding God cautionating of them were so fool-hardy as to reject God in rejecting his Government yet he did gratify them but in his displeasure in what they desired and they felt the sad effects thereof But from Deut. 17. 14 16. it may be gathered and concluded that the People have a just Right and Title to choose whether the Commonwealth shall be governed by one or more and may change it from one kind of Government to another as shall best please themselves But in all Governments God is always to be President i. e. His Laws are always to be had in remembrance and observed and they who govern otherwise are not to be accounted as Kings but as Enemies not as Gods Vicegerents but as the Devils and may be proceeded against accordingly O but ye shall be his Servants 1 Sam. 8. 17. Very well and well they deserved to be so and Slaves to boot as they
afterwards were that after Samuel from the mouth of God himself had solemnly protested unto them read their destiny shewed them what would betide them and that when it did happen though they should cry out in that day because of their King which they had chosen the Lord would not hear them ver 18. that yet notwithstanding all these forewarnings would yet reject God's Righteous and easy Government for a Heathenish they were but justly served and their usage afterwards was but a just recompence and reward of their rejection and folly for Saul had never been King if they had not chosen him and it was in wrath and displeasure that God gratified them therein as a punishment of their Folly and Rebellion which is no Justification but a Condemnation rather of that kind of Arbitrary Government and therefore the same Prophet told them also That if still ye shall do wickedly ye shall be consumed ye and your King and so it proved Those our Teachers are but false Prophets that teach that the Right of Kings is set down by Samuel chap. 8. and ought to be punished for neither did the People of Israel ever allow or the Kings avow any such power to be their just Right as appears by the Story of Ahab and Naboth Some indeed did exercise it but that is no more a proof of the right thereof than their practice of Adultery Idolatry or of any other sin was of the lawfulness of such sins When Cambyses designed to marry his Sister his Magi told him that no Law did allow it yet there was a Law which did allow the King of Persia to do what he would Just such Magi are our Priests that teach that there is no Law for Kings to Tyrannize or Oppress yet if he do he is unaccountable If this had been the right of the Kings of Israel that lex Regia commanded Deut. 17. and the strict injoyment of the perpetual reading perusing and observing the Book of the Law was in vain and to no purpose What if the Rebellious Stubborn and Stiff necked Jews a foolish People and unwise had a mind to be so governed what doth it concern Christians those that know better things have more wit and more grace and willing to enjoy the liberty and freedom that God hath given them in a Government where their Kings are solemnly obliged by Laws and Oaths as well as themselves whereby their duties become reciprocal and obedience due and expected accordingly Besides is it rational to believe any People except Jews that to day will have a King like other Nations and to morrow will not have this man rule over them and that with cursed Imprications Let his Blood be on us and our Children which is still executing even to this very day to be so sottish to give Kings such vast Revenues and such absolute unquestionable Powers as to whip them with Scorpions and tear their Flesh with Briars and Thorns impune and none to say unto them Why do you thus O but the Prophet tells you Ye shall be his servants 1 Sam. 8. 17. True and the Prophet tells you their Kings shall minister unto thee i. e. to the Church Isa 60. 10. And thus saith the Lord I will lift up my hand to the Gentiles i. e. The Church which shall be gathered by the Preaching of the Gospel which Church we are and they shall bring thy Sons in their Arms and thy Daughters shall be carried on their Shoulders And Kings shall be thy Nursing fathers to carry them in their Bosoms as Nursing-fathers beareth the sucking Child Numb 11. 12. and Queens shall be thy Nursing-mothers they shall bow down to thee with their Face towards the Earth and lick up the dust of thy Feet Isa 49. 22. 23. in which Church Christ her Head is always included and always to be understood As for the place in Samuel ye shall be his Servants it is but a foretelling and premonition that he would make them so be it right or wrong not that they had any just right to make them so but be it so what then even then also there is a reciprocal duty between Masters and Servants Servants are to obey their Masters in singleness of Heart as unto Christ with good will doing service as unto the Lord Eph. 6. 5 6 7 8. So the Masters are to do the like things unto them forbearing Threatning knowing also that your Master is in Heaven neither is there respect of Persons with him ver 9. Such Service all Subjects owe to their Princes and other Services no Prince ought to command Job who was the greatest man of the East solemnly protested to God his Integrity towards his very Servants If I did despise the cause of my Man-servant or of my Maid-servant when they contended with me what then shall I do when God ariseth up and when he visiteth what shall I answer him Did not he that made me in the Womb make him And did not one fashion us in the Womb ch 31. 13 14 15. By which it is apparent that there are reciprocal duties between King and Subject between Master and Servant So the Gibeonites who were sent from the Elders and all the Inhabitants of their Country became Servants unto Israel with whom all the Elders of the Congregation made a League with them and did swear unto them which though the Gibeonites got surreptitiously yet they solemnly kept it and would not smite them when they came before their Cities because the Princes of the Congregation had sworn unto them Josh 9. 11 12 13 14 15. As there were Laws for Children Strangers Men-servants and Maid-servants so there were Laws for Kings Parents and Masters by Gods own prescription and to be reciprocally observed If a Stranger sojourn with thee in your Land ye shall not vex nor oppress him but he shall be unto you as one born amongst you and thou shalt love him as thy self for ye were Strangers in the Land of Egypt I am the Lord your God Exod. 22. 21. 19. Lev. 34. Shall these have their remedy against their Lords and Parents And shall a free People whole Nations be left to merciless Tyrants without Remedy Laws for the King Deut. 17. 17 18 19 20. So Jerem. 22. 3 4. Call to mind the bondage and cruel usage of Gods own People the Jews in Egypt who because they were under no reciprocal Covenants nor had power to relieve themselves therefore God himself stood up in quarrel of his own Covenant and pleaded their cause and brought them out of that Iron Furnace with a high hand and stretched out Arm in despight of the Lawless Hectoring Pharaoh whom neither the Plague of Frogs nor Lice nor Flies nor Murrain of Cattel nor Boyls nor Blains nor Hail nor Locusts nor loss of Cattel of Fruits of Water and of the First-born of all the Land could prevail with him to let go his sin nor the Israelites but will once more rush into the midst of
the manner of the Kingdom he wrote it in a Book which Book say the Hebrew Doctors the Kings either tore or burnt that they might more freely tyrannize Though the Pulpits do not march quatuor pedibus along with Leviathan in his Dogma's of Arbitrary Power in Kings and Princes of quod libet licet in the Twentieth Chapter of his Second Part and elsewhere sparsim yet they go hand in hand with him thus far That if Kings do act contrary to the Laws of God and Nature and of Man yet they are responsible and accountable to none but to God himself Whereas there is not one plain Text or Syllable in the whole Bible maugre all false glosses that concludes any thing for Kings being unaccountable unto human Judgments or that they have an absolute Power or Divine Prerogative So that in summ The Pulpits and Leviathan are so far agreed as to dogmatize Lyes and false Doctrines for to justifie that Kings maugre all mutual and reciprocal Laws Pacts and Covenants may act and govern how they please And to justifie and assert that they ought not so to Govern but to observe the Laws of God of Nature and of Men but yet if they do not they are notwithstanding responsible and accountable to none on Earth but to God only for their so doing which in truth differ in their consequences no more than Herring-men do from Fisher-men and both stink in the Nostrils both of God and of all good Men as destructive to the well being and good Government of all human Societies and have no sound Foundation in the Law of God of Nature or of Reason but are contrary to them all for sans doubt they that have Authority to give and apply Power to this or that Person have Authority also to consure his Actions against the Law of Nature 1. Self-preservation than which nothing is more dear and which Nature seeks by all means and endeavours to preserve as inviolable is common to a Man with all other Animals if you tread but upon a Worm it will turn and if it have a Sting or a Fangue or a Poison have at you 2. Then whatsoever may conduce to its other Happiness of its well-being it labours to obtain them and to avoid the contrary and to hate and revenge the Opposers so that vim vi repellere is as natural to Man as to all other Animals Other Laws of Natural consequence implanted and grafted in him in his first Creation for the better Reglement of Communities throughout the whole World as to do good to all to hurt no Innocents to keep Covenants Promises and Contracts faithfully to contribute their utmost to procure the Happiness of the whole of that Kingdom that Commonwealth or that Society or Community whereof they are Members All which are utterly confounded and destroyed by such Leviathan Pulpit Doctrines 3. It 's against the Law of Men and Nations for where ever there are Laws between Kings and People wherein Salus Populi is ever to be presumed to be the Supreme Law for that God made the whole Creation not only for the Necessities but for the Delights also of the whole Race of Mankind in general and equally without respect of Persons solemnly made and sworn unto by mutual consent there they do mutually reciprocally and solemnly bind each other And the Sword placed in the Magistrates hand is not as the material Sword in the hand of Alexander not to untie but to cut the Traces of that fatal Gordian Chariot but the establisht Laws are the true Sword to which both King and People must submit and be responsible if otherwise making of Laws were but Leonis Catulum alere vid. Eras Adag p. 1. 709. For as the Sword of the Spirit is the Word of God so the Sword of Magistrates are the Laws of God and of Man All which Rights and Priviledges of Mankind are utterly destroyed if this Doctrine be good Doctrine Oaths between King and People being of the same nature with that between Rahab and the Spies which if not performed by her they were to be quit of the Oath which She had made them to swear For Kings though in Title in the execution of Laws and in many Prerogatives they are singulis majores yet in the main they are universis minores the reason is irrefrigable for that the People make Kings and not Kings the People And the like reason Christ is the everlasting Head of the Church because Christ made and ordained the Church to be his peculiar People and not the Church Him the Head of them In Paternal Government which is indisputable there the Fathers beget the Children and not the Children the Father and they owe him Obedience though morose and bitter to them yet if he prove a Tyrant over them their Obligation to him is cancelled and if he Murder any of them he himself shall suffer Death Nature gives Fathers to the People but the People make Kings to themselves and therefore Kings are constituted for the People and not the People for Kings Some places of Scripture are urged though of very little force when brought to the Test and well examined As first let my Sentence come forth from thy presence let thine Eyes behold the things that are equal Psalm 17. 2. What hath this Text to do more particularly with the Government between Kings and their People than with all other troubles and afflictions that Mankind in general is subject unto c. being as applicable to every particular Person persecuted and in troubles as to King David here in confidence of his Integrity craveth defence of God against his Enemies and so may any Body else but it proves nothing that Kings if they oppress their Subjects shall be accountable to none but to God Almighty It doth prove that any oppressed King or not King may appeal unto God to plead their Cause and Protect and Defend them And if it be lawful so to Pray it is lawful to put to their own helping Hands to relieve themselves by any lawful means and endeavours and pray to God to bless their endeavours and so by their prayers and endeavours to co-operate together 't is an Appeal to God to judg between him and his Enemies And is it not lawful nay the duty of all States and Kingdoms to make the like Appeals and Supplications to God Almighty It 's probable that David wrote this Psalm when he was troubled and persecuted by Saul even after he was anointed of God and because he did then make Supplications and Appeal to Jonathan for his life if there be iniquity in me slay me thy self for why shouldst thou bring me to thy Father Will it follow therefore that court was to be made to Jonathan only I doubt not This is a great Example and Encouragement to those that are falsly accused to appeal to God by Prayers and Supplications for help and the reasons that follow are great viz. thine Eyes behold the things that are
more ridiculous in Nature in Reason in Wisdom in Understanding to give Laws to Kings and cause them to swear to keep them and yet to be understood at the same time to be lawless and not obliged to keep them according to some or at least cannot be questioned if they break them according to others which is as Caitiff a position as the other and differs nothing but in words only Shall all others be punished for the breach of the same Laws and Kings only excepted who by solemn and sacred Oaths have bound themselves to performance and the Laws make no exceptions Absit Doth God make any exceptions Doth not God punish Kings as severely as he doth others Is not Tophet ordained of old which is deep and large the pile whereof is fire and much wood and which is kindled by my breath as by a stream of brimstone yea for Kings it is prepared Isaiah 30. 33. and shall we give such encouragement to break Laws and to work Wickedness God forbid Are not such Doctrines encouragements to Kings to lift up their Hearts above their Brethren against which God hath forewarned and forbid them that they might know themselves to be but Men. God made his own Sabbath for Man and not Man for the Sabbath and hath he not made Kings so too Moses was a King with Supreme Power Well what then and so let all Kings have if they have the same Warrant Commission access and freedom with God Almighty to have constant recourse unto him to carry the Causes of their People unto him and receive his Commands and communicate them to the whole Congregation and prosecute them as punctually as he did and be as faithful in his House as he was But though Moses had this great and mighty Power being as it were God's companion speaking unto God and God answering him Exod. 19. 19. yet it no where appears that quod libet licet that he could do what he list and be accountable to God only It 's true the People came to him to ask counsel of God for them but not to do his own commands without God's commands and advice first had and all this was but to teach them the Ordinances and Laws and shew them the way wherein they were to walk and the works they were to do Exod. 18. 20. not to oppress or injure them or tyrannize over them to give Laws not receive or be obliged by any themselves So that upon the whole matter God was the King of the Jews Moses only his Interpreter and Ambassador and if Kings will not be as faithful as Moses was in judging and acting according to the Laws and Ordinances of their and our God there will then be no leading into captivity no complaining in our streets no breaking in nor going out but happy would be the People that were in such a case yea happy that People whose God is the Lord Psal 144. 14. 15. to make Laws to bind King and People and yet Kings to break them impune when the very Laws themselves do not exempt them is very ill becoming reasonable men and that all but Kings should be punished for the breach of them is wicked and unjust It may happen in all Kingdoms most probably in those that are Haereditary that some Kings may be Idiots or mad or follow mad Councils and Advisors a crime of the same Leaven as did Rehoboam and must whole Kingdoms then also be subject to their Tyranny to be chastized not with Whips but with Scorpions without making use of their power to extricate themselves out of their hardships and miseries Is it not then natural to cry What Portion have we in David We have no Inheritance in the Son of Jesse every man to your Tents withdraw your Services withhold your Tributes fight not against the Interest of your Nation and now David see to thine own house 2 Chron. 10. 16. Though Kings have the great title yet the Laws are to govern both them and their Subjects and though all Laws run in their names yet they cannot do what they list but as he is to command according to Law so his Subjects are to obey him according to Law not against Law. Doth God himself keep Covenant for ever and never break any and shall Kings who claim their Titles and Powers from him take greater liberty and freedom to break the Covenants and Agreements with their Subjects than God himself or pretend to be unaccountable I doubt they themselves would not accept such a Plea from their own Ambassadors or Ministers transgressing their Commissions Had the Israelites power to cast off their corrupt Judges a Government well pleasing to God himself and to choose them another form of Government even Kingly contrary to the mind even of God himself and did not God gratify them therein though they rejected not Samuel only but God himself thereby Sam. 8. 7 8. For he gave them a King in his anger and took him away in his wrath Hos 13. 11. Had they such power under the Law and have not Christians the same under the Gospel if not shew when where and by whom it was taken away Certainly whoever sets up himself to be supream and above all Laws or to be accountable to none but to God for breach of them doth as much as in him lies make himself an Idol or a strange God to be revered without contradiction If Nebuchadnezzar erect his Prodigious Idol must all People Nations and Languages fall down and worship it Gideon whom the men of Israel Commissioned saying Rule thou over us both thou and thy Son and thy Sons Son also but Gideon answered I will not Rule over you neither shall my Son rule over you the Lord shall Rule over you Judg. 8. 22 23. By which it appears that Gideon by this Commission was as Supream and had as large Powers as any King had or as the Israelites could give him without formal Covenants or Laws to tye him up and yet his Answer is a document upon divine Record for ever to all Kings and Princes that it is not the right of Men to domineer over Men but it belongs and appertains to God only to rule without controll And indeed it 's both against the law of nature and precept divine for Kings so to lift up their hearts above their Brethren as to rule over them Rigorously Uncontrolably for God created them all equal and we shall all stand in an equal distance before Gods Tribunal where there shall be no respect of Persons What difference and distance of stations and of honours there is amongst us is from our selves and of our own framing naked came we into the World and naked shall we return It is ill very ill offending little ones whose Angels do always behold the face of God in Heaven Mat. 18. 10. By all which it manifestly appears that the Mosaick Kings and Judges were equally obliged to keep the Laws together with the rest of the
if Kings should act quite contrary punish and discountenance the Good and Pious and reward and countenance the Wicked what then He that justifieth the wicked and he that condemneth the righteous even they both are abomination to the Lord He that saith to the wicked Thou art righteous him shall the People curse Nations shall abhor him If the Lord shall abominate such the People curse them and Nations abhor them shall not Kingdoms make use of their own natural Power to right themselves but live in perpetual slavery under Axes and Harrows Is it not called human Ordinance Yea shall human Ordinance have Power only to make good Laws and not have Power to punish the transgressors O! but Nero a wicked Prince then reigned and to him the Apostle commands all to be subject 1. It is questioned whether it were Nero or Claudius that then was Emperor of Rome it matters not for the Apostles writ to private dispersed strangers that had no share in the Government not unto free States and Kingdoms as before not to the Praetors nor Consuls nor Senators of Rome Let every Soul be subject to the higher Powers for there 's no Power but of God the Powers that be are ordained of God verse 1. Whosoever therefore resisteth the Power resisteth the Ordinance of God and they that resist shall receive to themselves damnation ver 2. For Rulers are not a terror to good works but to the evil Wilt thou then not be afraid of the Power Do that which is good and thou shalt have praise of the same verse 3. For he is the Minister of God to thee for good But if thou do that which is evil be afraid for he beareth not the Sword in vain For he is the Minister of God a revenger to execute wrath upon him that doth evil verse 4. Wherefore you must needs be subject not only for wrath but also for conscience sake verse 5. For for this cause pay you tribute also for they are God's Ministers attending continually on this very thing verse 6. Render therefore to all their dues tribute to whom tribute c. verse 7. As Rebellion is as the sin of Witchcraft so Obedience is an Holy thing when it is yielded to just commands but when it is referred to tyrannical and abusive commands then it is not good but it is void and natural defence doth succeed in its room God hath given all Kingdoms liberty and power to make their own Laws by common consent and appoint their own Governors and to oblige them to manage and see the execution of them for their protection and equal Justice to be indifferently executed To such commands obedience is due but obedience to commands contrary to established Laws is obedience in name but in truth extreme disobedience towards God and the Commonwealth Paul writes here not as Peter did to strangers and to a dispersed People but to the Romans yet to private Persons Christians especially and so writes as declaring the whole reason origine and end of Government and that Christian Religion teacheth that Christian Obedience may be yielded to Unchristian Magistrates without servitude or slavery and that it doth not teach to destroy Civil Polity and Government as some had falsly accused the Christians there the occasion of Paul's just writing but to establish and regulate it according to right Christian Principles Laws of God and Nature not by constituting Nero's and Tyrants above all Laws but by regulating all Governments to the Standard of the Laws of Nature God and Christ i. e. Rulers are not to be a terror to good works but to the evil to be Ministers of God for the good of the governed Revengers to execute wrath on them that do evil not on them that do well on such things they ought continually to attend if they walk contrary they are not Ministers nor Vice-gerents of God. Certainly the Apostles never writ with intention to make null and vacate the Rights and Institutes of all Nations nor yet so to center them in the Breast of one Man a Tyrant above all Law and Punishment and that his will and pleasure should be the Law to the ruine and misery of Mankind Laws rightfully constituted are the Supreme Regulators both of King and People The best Emperors always acknowledged the Authority of Laws and of the Senate to be greater than theirs and all Nations not barbarous have always held just Laws most Sacred Hence Pindarus apud Herodotum that the Law was King of all And Orpheus in his Hymns esteemed Laws to be King not only of mortal Men but even of the Gods also his reason given is because it holds the Reins of Government So Plato in Legibus that which ought to do most in Government is the Law And in his Epistles he commends that Government most where Law is Lord and King of Men not where Men are Tyrants over the Laws So Aristotle in his Politicks and Cicero de Legibus Seeing therefore by the judgment of the wisest Men and by the Institutes of the most prudent Cities Laws are held most Supreme and where the Doctrine of the Gospel doth not contradict but comply therewith there ought to be no doubt of the truth thereof and that both Kings and People are equally subject thereunto and Laws according to Cicero 12. Phillipic are nothing but right reason drawn from the God's commanding things honest in the sight and to the solace and benefit of all Men and forbiding all iniquity transgression and sin From God therefore is the Institution of Magistrates that by their prudent Administration the whole Race of Mankind might live under Laws of their own making and by their own consent And by the judgment of Heathens Laws hold the Reins of Government and are above the Magistrates as Magistrates are above the People with which Doctrine and with sound Reason and with Right of Kingdoms the Doctrine of the Gospel doth not at all interfere or clash but comply and agree Let every Soul be subject to the higher Powers doth subject Kings as well as the People to the obedience thereof for there is no Power but of God i. e. there 's no Form of Government but hath its stamp of allowance from God himself commanding things honest in the sight of all Men and prohibiting the contrary From God therefore is the Institution of Magistracy that by their reasonable Service and just Administration whole Nations may live under Laws and Government but whether under this or that Form of Government or by these or those Persons is wholly left to the free choice of the governed If therefore by the Judgment of the wise and the Institutes of the most prudent Cities Dyets Councils and Parliaments Laws have the Supreme Authority and the Doctrine of the Gospel doth not thwart right Reason nor yet the natural Right of Nations then must Magistrates also subscribe and submit to the Lâ—â—â— of their Government to which they have not only consented
any Nation should be so stupid as to admit such pestilent Doctrines as if submitted unto would utterly destroy all civil life and conversation and turn Gods Image into the condition of Bruits and by being governed as Horses and as Mules which have no understanding with Whip and Spur Bit and Bridle whilst they exalting themselves above all Law sic volo sic jubeo must have its effort as well against man as Beast Hath God declared that Fury is not in him that the wicked and him that loveth violence his soul hateth Psal 11. 5. and that he will break in pieces the Oppressor Psal 72. 4. and that great Oppressors are Princes that want understanding Prov. 28. 16. And hath he not promised relief to the Oppressed and that they shall take them Captives whose Captives they were and they shall rule over their Oppressors and that the Lord shall give them rest from their sorrow and from their fear and from the hard bondage wherein they were made to serve and did he not break the staff of such Oppressors and the Scepters of such Rulers Isaiah 14. 2 3 4 5. How doth Holy Writ swell with examples of such his Actions How did he baffle Pharaoh that proud Hector and Oppressor with Frogs and Locusts Catterpillars Flies and such Vermin the most contemptible of his Creatures to make him let the People of Israel go and in the conclusion made the self-same Sea both a Sanctuary unto Israel and a Grave unto Egypt where he overthrew the Horse and his Rider and all his Host If such documents such fearful menaces such wonderful examples of Gods Judgments against oppressing Magistrates will not prevail with them to rule as Moses who uncontrolably had as great and undisputable power and authority even from God himself as ever Prince could have did who also though he was chief among the Seventy yet did he not Lord it over them nor over the People if such I say demonstrations of Gods anger against Oppressours will not prevail with Kings now in our days under the Gospel to be as faithful as Moses was under the Law in their Government I must leave them to the King of Terrors to teach them more wisdom and more Piety It can never enter into the thoughts and hearts of good Christians that ever God hath subjected whole Nations to the lusts will and pleasure of one or more Tyrants when one that is just is better than a thousand Tyrant Kings Eccles 16. 3. It hath been and still is the custom and manner not a just Right of most Eastern Princes that as soon as placed on their Thrones and established by the strength of Armies to assume and appropriate to themselves as much power over their Subjects as they please So Step dame Julia most impudently to Bassianus the Emperor her Son in Law as before and so acted Justinian the greatest Tyrant according to Procopius that ever was and his Strumpet Theodora taken from off the Stage to be Empress and acted more like Furies than Pious and Rational Creatures she influencing Justinian by her Magick and Intelligence with the Devil according to the same Procopius unfit Patterns for Christian Emperors to imitate but very fit for Leviathan and his Priestly complices to justify and live under But if this had been the just Right of Kings in the sacred government of the Israelites Jezabel another Theodora needed not to have offered Naboth a sum of Money or another Vineyard or proclaimed a Fast or to have set Naboth on high and have suborned Witnesses for his Vineyard 1 Kings 21. 9. 10. Kings are not usually so ignorant or careless of their Rights But if our Malmsbury Leviathan had lived in those days he would have taught them more wit and how that Subjects are but Servants to Kings and whatever they get is for their Lord and King. How severely did God punish Zedekiah King of Judah after he made a Covenant with all the People which were at Jerusalem before God to proclaim liberty unto them the breach of which Covenant God accounted as the Pollution of his name therefore threatned to give Zedekiah and his Princes into the hands of their Enemies and into the hand of them that sought their Lives and into the hands of the King of Babylons Army which afterwards he brought to pass when Nebuchadnezzar King of Babylon flew the Sons of Zedekiah before his Eyes and also all the Nobles of Judah put out the Eyes of Zedekiah and bound him in Chains to carry him to Babylon Jer. 34. 39. a sad example for Kings breaking Laws and Covenants made with their People Hence Cicero pro Flacco Illi nostri Sapientissimi c. they are our wisest and best Princes which command and interdict those things which the People approve or not approve of So the People unto Saul shall Jonathan dye who hath wrought this great Salvation in Israel God forbid as the Lord liveth there shall not one hair of his head fall to the ground for he hath wrote with God this day So the People rescued Jonathan that he died not though Saul had determined it 1 Sam 14. 15. So Ahikam the Son of Shaphan defended Jeremiah the Prophet destined to dye by King Jehoiakim Jer. 26. 24. and yet were not Rebells So the Princes and Centurions slew Athaliah the Tyranness 2 Kings 11. So Maccabeus secured himself and the Commonwealth against the Macedonian Tyrants So Trasybulus destroyed the Thirty Tyrants of Athens so the Romans by publick consent expelled their Kings wickedly tyrannizing over them and translated their Dominion Royal into Consular Government and they often compelled their Consuls to resign their Office for Mal-Government Nero and Maximinus great Tyrants they judged and took away So the Electors caused Wenseslaus a Luxurious and Idle Prince to quit his Empire and put in his place Rupert Elector Palatine So Dion much magnifies Trajan for that when he delivered a Sword to one whom he advanced to the Praetorian Cohorts said hoc pro me utere si justa Imperavero contra me si injusta Use this in my defence if I command just things if unjust then to my ruine and destruction So the French deposed their King Childeric for his careless Government shaved him and made him a Monk and chose Pepin Master of his Palace King in his Room So Lucius Crassus that excellent Orator unto the People at a time when he was Prince of the Senate Nolite sinere nos cuiquam servire nisi vobis universis quibus possumus debemus Suffer us not to serve any body but your selves all we can which we ought to do For though the Senate governed the People yet the People gave the Senate that power for their own good and comfort So Marcus Tullius proplancio est enim conditio Liberorum populorum c. It is the condition and priviledge of Free-born Subjects especially of this People and indeed of all Nations that by their Suffrages they may add or
the yoak of such Bondage and Impery is likewise according to the Law of Nature virtus vocatur The People for certain were before there could be any King and consequently Kings must be made by the People and therefore are superior to them in some sense according to quicquid efficit tale est magis tale a rule as true in Politicks as in Naturals Produce who can any one Law of God and Nature or any one Rule of Natural Justice by which Usurpers Tyrants perverters of Law and Justice are to be free of punishment and yet the Inferior People to be subject to punishments for Crimes of the same nature The Reason and Law of Government be it Monarchical or Republick is equally natural Kings by Nature are no more Sacred than those seated in the Government of Republicks who nemine contradicente may and ought to be punished and why not Kings when transgressors their Power being given them by the same Persons and for the very self-same ends and purposes the good of the governed To assert the Oaths and Pacts of Kings with their People to be obliging and yet to be unaccountable and unreprovable for any breach of them is with the Cow to give good Milk and then kick it down at one and the same moment to make good Laws and yet to abolish and null them which ought to have dominion over both Kings and People Look into Ancient Histories which strut with examples of Governors Kings and others brought to Judgment and condemned by the People Lacedaemonians Grecians Romans c. formal Governments Victima haud ulla Amplior Potest magisque opima mactari Jovi Quam Rex Iniquus Senec. Frag. See the Edict of Theodosius and Valens Christian Emperors Codex 1. tit 14. De Authoritate Juris Imperatorum pendet Authoritas The Majesty therefore of Cesars must submit to the Laws on which they depend Whoever consults and considers the very severe Laws of the Romans Grecians Lacedaemonians Carthaginians Athenians against the Licentiousness Oppressions Tyranny Insolencies c. of their Emperors and other Magistrates they will find that they were made with all the Sincerity Care Caution and Wisdom that the Understandings and Wisdoms of those several Countries and Ages could afford and that the breach of them were very severely punished Valerius Publicola Collegue of Junius Brutus after their Kings were banished made a Law That when Tyrants by reason of their armed Soldiers could not be brought to Judgment it should be lawful for any Man to resist them by any means and afterwards to give an account of their so doing Such like Appeals and Examples are common amongst most Nations Ambiorix King of the Gauls confessed that the Multitude had no less Power over him than he had over them Tacitus writes of the Germans Nec Germanorum Regibus infinita aut libera potestas erat de minoribus rebus Principes consultant de majoribus omnes Rex aut Princeps auditur Authoritate suadendi magis quam jubendi potestate si displicuit sententia fremitu aspernatur That their Kings had no Infinite or Arbitrary Power c. It is not unworthy our consideration to recount with how great severity and strictest Discipline of Laws and Ordiances both of the Senate and Common Council the Romans did provide against the exorbitant and imperious licentious Government of their Kings beyond all bounds of reason After the expulsion of Tarquinius Superbus the last Roman King all the Citizens of Rome assembled and concluded that their Government under one whom they called King should for the future be settled on two whom at first they called Praetores afterwards Judices then Consules P. Valerius who was chosen Consul with L. Brutus made a Law That it should be lawful for any Man to Appeal from any Magistrate whomsoever to the People esteeming such Appeals as Bridles and Curbs to licentious Governors And some do contend that Appeals during the Reigns of their Kings from them to the People were in use before and that it was so provided by their Pontifical Books which Law was re-inforced again by Muraena the Consul quo tempore Sora Alba coliniae deductae sunt Afterward when the Decemvirate Impery was annulled the People of Rome the better to provide against Arbitrary Government besides the Tribunes of the People who had the Protectorship of the Liberties and Goods of the People made a new Law That if any should create a Magistrate without the intercession of the People or their Tribunes it should be lawful for to kill him Which Duellius the Consul soon after renewed by an other Constitution That whoever created a Magistrate without the benefit of Appeals his Back and Head should pay for it Notwithstanding all these severities yet the Nobles did oppress the Commons and therefore as the only remedy thereof M. Valerius before the first Punick War made a Law called Lex Valeria which among other things did provide That whosoever appealed from another Magistrate should not be punished either Head or Back But yet the Liberty and Goods of the People not being sufficiently secured but that the more mighty did oppress the less powerful the â—icher the poorer M. Valerius the Consul did a third time promulgate a Law with grievous punishments to those who should prohibit Appeals to the greater Tribunal in so much that those who were violently oppressed and condemned he gave the right of Appeal to the People And yet after a few years Caligula on pretence that Suits should not be spun out and wier-drawn too long did inhibite many Appeals Although Appeals the chief protection of the People from Injuries was ratified by so many Laws and yet proved insufficient thereunto therefore Martius Censor made a Law in behalf of the People That no Man should be preferred twice to those higher places And then Fab. Maximus in favour of the People ordained That no Man should in ten years be admitted to the same Place and Authority Then L. Sylla by a Law forbade any Man under great punishments to be a Praetor before he had been a Quaestor or Consul before he had been a Praetor and the same Man not to be advanced again into the same place within ten years deeming the frequent exaltations into Powers would make the Powers not to be endured which Law was afterwards extended unto twenty years There were many Acts also of the Common Council extant by which it was provided That no Man should bear two Magistracies especially that of the Curulis in one year neither the Plebaeian nor the Patritian And all Magistrates were before admittance to be sworn and not to stay therein above five Days except they were sworn and if they carried themselves proudly and insolently in their Government they were to be cast out the first of such was Tarquinius Superbus afterwards Kingship being banished Sergius and Virginius Tribune Consuls and Cn. Manlius and Servilius Cepio Pro-consuls the Senate for their Male-Government caused