Kings and in whose right the King assumes to himself that priviledge for otherwise wherefore is the Prince only administrator and the people true proprietor of the publique Exchequer as we will prove here presently after Furthermore it is not a thing resolved on by all that no tyrannous intrusion or usurpation and continuance in the same course can by any length of time prescribe against lawfull liberty If it be objected that Kings were enthronized and received their authority from the people that lived five hundred yeers ago and not by those now living I answer that the Common-wealth never dyes although Kings be taken out of this life one after another for as the continuall running of the water gives the River a perpetuall being so the alternative revolution of birth and death renders the people quoad hunc mundum immortall And further as wee have at this day the same Seine and Tiber as was 1000. yeers agoe in like manner also is there the same people of Germany France and Italy excepting intermixing of Colonies or such like neither can the lapse of time nor changing of individuals alter in any sort the right of those people Furthermore if they say the King receives his kingdom from his Father and not from the people and hee from his Grandsa her and to one from another upward I ask could the Grandfather or Ancestor transfer a greater right to his Successor then he had himself If he could not as without doubt Vlpian de reg juris l. 54. it must need be so is it not plainly perspiâ—uous that what the Successor further arrogates to himself he may usurp with as sare a conscience as what a Thiefe gâ—â—s by the high-way side The people on the contrary have their right of eviction intire and whole although then that the officers of the Crown have for a time lost or left their rankes this cannot in any true right prejudice the people but rather cleer otherwise as one would not grant audience or show favour to a slave which had long time held his master prisoner and did not only vant himself to be free but also presumptuously assumed power over the life and death of his master neither would any man allow the excuses of a those because he had continued in that grade 30. yeers or for that he had beene bred in that course of life by his Father if hee presumed by his long continuance in that function to prescribe for the lawfulnesse but rather the longer he had continued in his wickednesse the more grievous should be his punishment in like manner the Prince is altogether unsupportable which because he succeeds a Tyrant or hath kept the people by whose suffrages he holds the Crown in a long slavery or hath suppressed the Officers of the kingdom who should be protectors of the publike liberty that therefore presumes that what he affects is lawfull for him to effect and that his will is not to be restrained or corrected by any positive Law whatsoever For prescription in tyranny detracts nothing from the right of the people nay it rather much aggravates the Princes on rages But what if the Peers and principal officers of the Kingdom makes themselves parts with the King Whaâ— if betraying the Publique cause the yoak of tyranny upon the peoples neck shall it follow that by this prevatication and treason the authority is devolved into the King Does this detract any thing from the aight of the peoples liberty or does it adde any licencious power to the King Let the people thank themselves say you who relyed on the distoyall loyalty of such men But I answer that these officers are indeed those Protectors whose principall care and study should be that the people be maintained in the free and absolute fruition of their goods and liberty And therefore in the same manner as if a treacherous Advocaâ—e for a sum of money should agree to betray the cause of his Client into the hands of his Adversary which he ought to have defended hath not power for all that to alter the course of justice nor of a bad cause to make a good one although perhaps for a time he give some colour of it In like manner this conspiracy of the great ones combined to ruine the inferiours cannot disanull the right of the people in the meane season those great ones incur the punishment that the same asors against Prevaricators and for the people the same Law allowes them to chuse another Advocate and afresh to pursue their cause as if it were then only to begin For if the people of Rome condemned their Captains and Generals of their Armies because they capitulated with their Enemies to their disadvantage although they were drawn to it by necessity being on the point to be all overthrown and would not be bound to performe the Souldiers capitulation much lesse shall a free People be tyed to bear the yoak of thraldome which is cast on them by those who should and might have prevented it but being neither forced nor compelled did for their own particular gain willingly betray those that had committed their liberty to their custody Wherefore Kings were created Now seeing that Kings have been ever established by the people and that they have had Associates joyned with them to contain them within the limits of their duties the which Associates considered in particular one by one are under the King and altogether in one intire Body are above him We must consequently see wherefore first Kings were established and what is principally their duty We usually esteem a thing just and good when it attains to the proper end for which it is ordained In the first place every one consents That men by nature loving liberty and having servitude born rather to command then obey have not willingly admitted to be governed by another and renounced as it were the priviledge of nature by submitting themselves to the commands of others but for some speciall and great profit that they expected from it For as Esope sayes That the horse being before accustomed to wander as his pleasure would never have received the bit into his mouth nor the Rider on his back but that he hoped by that means to overmatch the Bull neither let us imagine that Kings were chosen to apply to their own proper use the goods that are gotten by the sweat of their Subjects for every man loves and cherisheth his owne They have not received the power and authority of the People to make it serve as a Pandar to their pleasures for ordinarily the inferiours hate or at least envietheir superiours Let us then conclude that they are established in this place to maintain by justice and to defend by force of Armes both the publike State and perticular persons from all dammages and outrages wherefore Saint Augustine saith Those are properly called Lords and Masters Aâ—ig lib. 16 de civit dei c. 15. which provide for the good and profit of
presence was punished with grievous torments So dangerous a thing it is to put into the hands of a weake mind as all mens are by nature unlimited power Samuel therefore teacheth not in that place that the authority of a King is absolute on the contrary hee discreetly admonisheth the people not to enthrall their liberty under the unnecessary yoake of a weak and unruly Master he doth not absolutely exclude the royall authority but would have it restrain'd within its own limits he doth not amplifie the Kings right with an unbridled and licentious liberty but rather tacitely perswades to put a bit into his mouth It seemes that this advice of Samuels was very beneficiall to the Israelites for that they circumspectly moderated the power of their Kings the which most Nations growne wise either by the experience of their own or their neighbours harmes have carefully looked unto as will plainly appear by that which follows We have shewed already that in the establishing of the King An alliance or covenant between the K. the people Deut. 17. 1 Sam. 10. 27. 2 Sam. 5. 3. there were two alliances or convenants contracted the first between God the King and the people of which wee have formerly treated the second between the King and the people of which wee must now say some-what After that Saul was established King the royall Law was givne him according to which he ought to governe David made a Covenant in Hebron before the Lord that is to say taking God for witnesse with all the ancients of Israel which represented the whole bodie of the people even then he was made King Joas 1 Chron. 11. 3. also by the mouth of Jehoiada the High Priest entered into Covenant with the whole people of the land in the house of the Lord And 2 King 11. 17. 12. 2 Chron. 23. 3. when the Crowne was set on his head together with it was the law of the Testimony put into his hand which most expounds to be the law of God likewise Josias promiseth to observe and keepe the Commandements Testimonies and Statutes comprized in the booke of 2 King 23. 3. the Covenant under which words are contained all which belongs to the duties both of the first and second Table of the law of God In all the before remembred places of the holy story it is ever said that a Covenant was made with all the people with all the multitude with all the Elders with all the men of Juda to the end that we might know as it is also fully expressed that not only the principals of the Tribes but also all the Milleniers Centurions and subalterne Magistrates should meete together each of them in the name and for their Townes and Communalties to covenant and contract with the King In this assembly was the creating of the King determined of for it was the people that made the King and not the King the people It is certain then that the people by way of stipulation require a performance of covenants the King promises it Now the condition of a Stipulator is in termes of law more worthy than of a promiser The people asketh the King whether he will govern justly and according to the lawes He promiseth he will Then the people answereth and not before that whilest he governes uprightly they will obey faithfully The King therefore promiseth simply and absolutely the people upon condition the which failing to be accomplished the people rest according to equity and reason quit from their promise In the first covenant or contract there is onely an obligation to piety in the second to justice In that the King promiseth to serve God religiously in this to rule the people justly By the one he is obliged with the utmost of his endeavours to procure the glory of God by the other the profit of the people In the first there is a condition expressed If thou keep my commandments in the second If thou distribute justice equally to every man God is the proper revenger of deficiency in the former and the whole people the lawfull punisher of delinquency in the latter or the Estates the representative body thereof who have assumed to themselves the protection of the people This hath been alwayes practised in all well-governed Estates Amongst the Persians after the due performance of holy Rites they contracted with Cyrus in manner following Thou O Cyrus in the first place shalt promise That if any make war Zenophon lib. 8. Paed. against the Persians or seek to infringe the liberty of the Lawes thou wilt with the utmost of thy power defend and protect this countrey Which having promised they presently adde And we Persians promise to be aiding to keep all men in obedience whilest thou defendest the countrey Zenophon calls this agreement A Confederation as also Isocrates calls that which he writ of the duties of subjects towards their Princes A Discourse of Confederation The alliance Zenoph in tract de repub Lacede or confederation was renewed every moneth between the Kings and Ephores of Sparta although those Kings were descended from the line of Hercules And as these Kings did solemnly swear to govern according to the Lawes so did the Ephores also to maintain them in their authority whilest they performed their promise Likewise in the Romane Kingdome there was an agreement between Romulus the Senate and the people in this manner That the people should make Lawes and the King looke they were kept The people should decree warre and the King should manage it Now although many Emperours rather by force and ambition than by any lawfull right were seas'd of the Roman Empire and by that which they call a Royall Law attributed to themselves an absolute authority notwithstanding by the fragments which remain both in books and in Roman Inscriptions of that Law it plainly appeares that power and authority was granted them to preserve and govern the Common-wealth not to ruine and oppresse it by tyranny Nay all good Emperours have ever professed that they held themselves tied to the Laws received the Empire from the Senate to whose determination they alwayes referred the most important affairs and esteemed it a great error without their advice to resolve on the occasions of the publick State If we take into our consideration the condition of the Empires Kingdomes and States of times there is not any of them worthy of those names where there is not some such covenant or confederacy between the people and the Prince It is not long since that in the Empire of Germany the King of the Romanes being ready to be crowned Emperour was bound to doe homage and make oath of Fealty to the Empire no more nor lesse than as the vassall is bound to doe to his Lord when he is invested with his fec Although the form of the words which he is to sweare have been somewhat altered by the Popes yet notwithstanding the substance still
according as it was done for a perpetual memorial of the matter he incontinently set up a stone If there were occasion to remove the Ark of the Lord The 1 Chron. 1â— 2 Chron. 3. 1 Kings 7. 1 Chron. 2â— 2 Kings â—â— 2 Kings 23. 2 Chron. 23. principals of the Countrey and Towns the Captains the Centurions the Provosts and others were summoned by the Decree and Commandment of David and of the Synagogue of Israel if there be a purpose of building the Lords Temple the same course is observed And to the end it be not supposed that some alteration hath been inserted after the creation of Kings In the times of Joas and Josias when there was question of renewing the Covenant between God and the People all the Estates met together and all were bound and obliged particularly Also not onely the King but the Kingdome and not onely all the Kingdome but also all the Pastors of the Kingdom promise each of them for their selves fidelity and obedience to God I say again that not only the King and the People but also all the Towns of Israel and their Magistrates oblige themselves to God and as homagers to their liege lord tie themselves to be his for ever with and against all men for further proof of the aforesaid I would entreat the Reader to diligently turn over the holy Bible especially in the books of the Kings and the Chronicles But for a yet more ample explication of this matter let us produce for example what is in practise at this day In the Empire of Germany when the Emperor is to be crowned the Electors and Princes of the Empire as well Secular as Ecclesiastical meet together personally or else send their Ambassadors The Prelats Earls and Barons and all the Deputies of the Imperial Towns come thither also or else send special Proxies then do they their homage to the Emperor either for themselves or for them whom they represent with and under certain conditions Now let us presuppose that one of these which hath done homage voluntarily do afterwards endevour to depose the Emperor and advance himself into his place and that the Princes and Barons deny their Soveraign the succors and tribute which they owe him and that they have intelligence with that other which conspired and sought to possess himself of the Imperial Throne Think you that they of Straesborgh or of Nurembergh which have bound themselves by faith unto the lawful Emperor have not lawful right to repress and exclude this trayterous Intruder Yea on the contrary if they do it not if they give not succors to the Emperor in this his necessity think you that they have satisfied or performed their fealty and promise L. 3. l. Omned elict Sect. ult D. de reâ—mil seing that he which hath not preserved his Governour when he had means to do it ought to be held as culpable and guilty as he which offered the violence and injury unto him If it be so as every one may sufficiently see it is is it not then lawful for the men of Libna and of Modin and doth not their duty enjoyn them to do as much as if the other Estates of the Kingdom have left God to whose service and pleasure they know and acknowledge themselves to be bound to render obedience Let us imagine then some Ioram or Antiochus which abolisheth true Religion and lifts up himself above God that Israel connives and is content What should that Town do which desires to serve God purely First they should say with Ioshua for their parts look whom you desire rather to Iosh 14. 15. obey the living God or the Gods of the Amorites for our parts we and our Families will serve the Lord. Chuse you then I say if you will obey in this point him which without any right usurps that power and authority which no way appertains unto him for my part hap what may I will keep my faith to him to whom I promised it I make no question but that Ioshua would have done the uttermost of his endeavour to maintain the pure service of the living God in Thamnathe Serathe a Town of Ephraim where his house and estate lay if the Israelites besides had so much forgot themselves as to have worshipped the god of the Amorites in the land of Canaan But if the King should pass yet further and send his Lievtenants to compel us to become Idolaters and if he commands us to drive God and his service from amongst us Shall we not rather shut our gates against the King and his Officers then drive out of our Town the Lord which is the King of kings Let the Burgesses and Citizens of Towns Let the Magistrates and Governours of the People of God dwelling in Towns consider with themselves that they have contracted two Covenants and taken two Oaths The first and most ancient with God to whom the People have sworn to be his people the second and next following with the King to whom the people hath promised obedience as unto him which is the Governour and Conductor of the people of God So then as if a Vice-Roy conspiring against his Soveraign although he had received from him an unlimitted authority if he should summon us to deliver the King whom he held besieged within the inclosure of our walls we ought not to obey him but resist with the uttermost of our power and means according to the tenour of our oath of Allegiance In like manner think we that it is not a wickednes of all most detestable if at the pleasure of a Prince which is the vassal and servant of God we should drive God from dwelling amongst us or deliver him as far as in us 10 Collat de forma Fidei c. 1. de â— nova fidel form lieth into the hands of his enemies You will say it may be that the Towns appertain to the Prince And I answer that the Towns consist not of a heap of stones but of that which we call people that the people is the people of God to whom they are first bound by oath and secondly to the King For the Towns although that the Kings have power over them notwithstanding the right of inheritance of the Soyl belongs to the Citizens and Owners for all that which is in a Kingdom is indeed under the Dominion of the King but not of his proper Patrimony God in truth is the onely Lord propriator of all things and it is of him that the King holds Senec. l. 7. de Benef c. 6 7. c. his royalties and the people their Patrimony This is as much as to say you will reply that for the cause of Religion it shall be lawful for the subjects to revolt from the obedience of their King if this be once granted it will presently open a gap to rebellion But hearken I pray you patiently and consider this matter more throughly I might answer in a word that of two things
confines if the King seeke to bring it in or if they be wanting to preserve by all meanes the pure Doctrine of the Gospel although for the defence thereof they suffer for a time bannishment or any other misery Finally more private men must be all advertised that nothing can excuse them if they obey any in that which offends God and that yet they have no right nor warrant neither may in any sort by their private authority take armes if it appear not most evidently that they have extraordinary vocation thereunto all which our discourse will suppose we have confirmed by pregnant Testimonies drawn from holy writ THE THIRD QUESTION Whether it be lawfull to resist a Prince which doth oppresse or ruine a publike State and how far such resistance may be extended by whom how and by what right or law it is permitted FOr so much as we must here dispute of the lawfull authoritie of a lawfull Prince I am confident that this question will be the lesse acceptable to Tirants and wicked Princes for it is no marvell if those which receive no law but what their own will and fancie dictates unto them be deafe unto the voyce of that law wich is grounded upon reason Buâ— I perswade my selfe that good Princes will willingly entertaine this discourse insomuch as they sufficiently know that all Magistrates be they of never so high a rancke are but an inanimated and speaking law neither though any thing bee pressed home against the bad can it fall within any inference against the good Tirants and Kings as also good and bad Princes are in a direct diametre opposiâ—e and contrarie therefore that which shall be urged against Tirants is so farre from detracting any thing from Kings as one the contrary the more Tirants are laid open in their proper colours the more glorious doth the true worth dignitie of Kings appear neither can the vitious imperfections the one be layd open but it gives addition of perfections and respect to the honour of the other But for tirants let them say and thinke what they please that shall be the least of my care for it is not to them but again them that I write for Kings I beleeve that they will readily consent to that which is propounded for by true proportion of reason they ought as much to hate Tirants and wicked governours as Shepeards hate wolves Phisitians Impoysoners true Prophets false Doctors for it must necessarily occur that reason infuseth into good Kings as much hatred against Tirants as nature imprinteth in dogs against wolves for as the one lives by rapine and spoyle so the other is borne or bred to redresse and prevent all such outrages It may be the flatterers of tirants will cast a supercilious aspect on these lines but if they were not past all grace they would rather blush for shame I very well know that the friends and faithfull servants of Kings will not onely approve and lovingly entertayn this disconrse but also with their best abilities defend the contents thereof accordingly then as the render shall find himselfe moved either with content or dislike in the reading hereof let him know that by that he shall plainly discover either the affection or hatred that he beares to Tirants let us now enter into the matter Kings are made by the People We have shewed before that it is God that doth appoint Kings which chuseth them which gives the Kingdom to them now we say that the people establish Kings putteth the Scepter into their hands and which with their suffrages approveth the election God would have it done in this manner to the end that the Kings should acknowledge that after God they held their power and Soveraignty from the people and that it might the rather induce them to apply addres the utmost of their care and thoughts for the profit of the people without being puffed with any vaine immagination that they were formed of any matter more excellent then other men for which they were raised so high above others as if they were to command over slocks of sheepe or heards of Cattel but let them remember and know that they are of the same mould and condition as others raised from the earth by the voice and acclamations now as it were upon the shoulders of the people unto their thrones that they might afterwards bear on their own shoulders the greatest burthens of the Common-wealth Divers ages before that the people of Israel demanded a King God gave and appointed the Law of royall governmenâ— contained in the 17. Chapter ver 14. of Deut. when sayes Moses thou art come uâ—to â—he Land which the Lord thy God giveth thee and shalt possesse it and shalt dwell therein and shalt say I will set a King over me like as all the Nations that are about me thou shalt in any wise set him whom the Lord thy God shall chuse from amongst thy brethren c. You see here that the election of the King is attributed to God the establishment to the people now when the practice of this law came in use see in what manner they proceeded The Elders of Israel which presented 1 Sam. 8. 5. the whole body of the people under this name of Elders are comprehended the Captains the Centurions Commanders over fifties and tenns Judges provosts but principally the chiefest of tribes came to meete Samuel in Ramah and not being willing longer to endure the government of the sonnes of Samuel whose ill carriage had justly drawn on them the peoples dislike and withall perswading themselves that they had found the meanes to make their warres hereafter with more advantage they demanded 1 Sam. 9. 16. a King of Samuel who asking Councell of the Lord he made known that he had chosen Saul for the Governour of his people Then Samuel anointed Saul and performed all those rights which belong to the election of a King required by the people Now this might perhaps have seemed sufficient if Samuel had presented to the people the King that was chosen by God and had admonished them all to become good and obedient subjects Notwithstanding to the end that the King might know that he was established 1 Sam. 20. 18. c. by the people Samuell appointed the Estates to meet at Mispah where being assembled as if the businesse were but then to begin and nothing had allready been done to be brief as if the election of Saul were then only to be treated of the lot is cast and falls on the Tribe of Benjamin after on the family of Matri and lastly on Saul born of that family who was the same that God had chosen Then by the consent of all the people Saul was declared King Finally to the that Saul nor any other might attribute the aforesaid 1 Sam. 11. 14. businesse to chance of lot after that Saul had made some proofe of his valour in raysing the siege of the Ammonites in Iabesh Gilead
to their off-springs and that in some Kingdoms and Countries the right of free election seems in a sort buried yet notwithstanding in all well ordered Kingdoms this custome is yet remaining the sons do not succeed the fathers before the people first have as it were a new established them by their new approbation neither were they acknowledged in qualâ—ity as inheriting it from the dead but approved and accounted Kings then only when they were invested with the Kingdom by receiving the Scepter and Diadem from the hands of those who represent the Majesty of the people One may see most evident marks of this in Christian Kingdoms which are at this day esteemed heriditary for the French King he of Spaine and England and others are commonly sacred and as it were put into posession of their authority by the Peeres Lords of the Kingdom and Officers of the Crowne which represent the body of the people no more nor lesse then the Emperours of Germany are chosen by the Electors and the Kings of Polonia by the yavvodes and Pallatines of the Kingdom where the right of Election is yet in force In like manner also the Cities give no royall reception nor entries unto the King but also their inauguration and anciently they used not to count the times of their reign but from the day of their coronation the which was strictly observed in France But least the continued course of some successions should deceive us we must take notice that the estates of the Kingdoms have often preferred the cosen before the sonne the younger brother before the Elder as in France Lewis was preferred before his brother Robert Earle of Eureux Annalos Gillâ—j in like manner Henry before Robert nephew to Capâ—t Nay which is more by authority of the people in the same Kingdom the Crown hath bin transported the lawfull inheritors living from one linage to another as from that of Meroue to that of the Charlemaint and from that of the Charlemains to thaâ— of the Capets the which hath also beene done in other Kingdoms as the best Historians testify But not to wander from France the long continuance and power of which Kingdom may in some sort plead for a ruling authority and where succession seems to have obtained most â—â—putation We read that Pharamond was chosen in the year 419 Pepin in the year 751. Charles the Great and Carleman the sonne of Pepin in the yeare 768 without having any respect to their Fathers former estate Carleman dying in the yeare 772. his portion fell not presently into the posession of his brother Charles the great as it ordinarily happens in the succession of inheritances but by the Ordinance of the people and the estates of the Kingdom he is invested with it the same authour witnesseth that in the yeare 812 Lewis the Courteous although he were the sonne of Charles the great was also elected and in the Testament of Charlimane inserted into the history written by Nanclere Charlemane doth intreate the people to chuse by a geuerall assembly of the Estates of the Kingdom which of his Grand-children or Nephews the people pleased and commaunding the Vncles to observe and obey the Ordinance of the people by meanes whereof Charles the bald nephew to Lewis the courtious and Iudith doth declare himself to be chosen King as Aimonius the French historian recites To conclude in a word all Kings at the first were altogeather elected and those which at this day seeme to have their Crown and Royall authority by inheritance have or should have first and principally their confirmation from the people Briefly although the people of some Countries have been accustomed to chuse their Kings of such a linage which for some notable merrits have worthily deserved iâ— yet we must believe that they chuse the stock it self and not every branch that proceeds from it neither are they so tied to that election as if the successour degenerate they may not chuse another more worthy neither those which come and are the next of that stock are borne Kings but created such nor called Kings but Princes of the bloud royall The whole body of the people is above the King Now seeing that the people chuse and establish their Kings it followeth that the whole body of the people is above the King for it is a thing most evident that he which is established by another is accounted under him that hath established him he which receives his authority from an other is lesse then he from whom he denies his power Potiphar the Egyptian setteth Ioseph over all his House Nebuchadoezzar Danniel over the Province of Babylon Darius the sixscore governors over the kingdom It is coÌ„monly said that Mrs. establish their servants Kings their officers In like manner also the people establish the King as administrator of the CoÌ„mon-wealth Gâ—od kings have not disdained this title yea he had ones themselvs have affected it insomuch as for the space of divers Ages no Roman Emperor if it were not some absolute tyrant as Nero Domitian Caligula would suffer himself to be called Lord Furthermore it must necessarily be that Kings were instituted for the peoples sake neither can it be that for the pleasure of some hundred of men and without doubt more foolish and worse then many of the other all the rest were made but much rather that thâ—se hundred were made for the usâ— and service of all the other And reason requires that he be preferred above the other who was made only to and for his occasion so it is that for the ships saâ—e the owner appoints a pylot over her who sits at the heâ—m and looks that she keeps her course nor run nor upon any dangerous sheilf the pylot doing his duty is obeyed by the Mariners yea of him himself that is owner of the vessel notwithstanding the pâ—lot is a servant as well as the least in the ship from whom he only differs in this that he servs in better place then they do In a Common-weaâ—th commonâ—y compared to a ship the King holds the pâ—nce of pylot the people in general are owners of the vessel obeying the pylot whilest he is â—aâ—eâ—ull of the publique good aâ—though this pylot neither is nor ought to be esteemed other then servant to the publique as a Judge or General in war differs little from other officers but that he is bound to bear greater burdens expose himseâ—f to more dangers By the same reason also which tâ—e King gains by acquist of arms be 〈…〉 possesseth himself of Frontier places in warring on the enemy or that which he gets bâ— eschâ—ats or consistations he gets it to the Kingdom not to himself to wit to the people of whom the Kingdom is composed no more nor less then the servane doth for his master neither may one contract or obâ—iege themseâ—vs to him but by with reference to the authority derived from the people Furthermore there is an infinite sort of people
which â—ive with out a King but we cannot imagine a King without pâ—ople And those which have bin raised to the Royal dignity were not advanced because they excelâ—ed other men in beauty comeâ—iness nor in some excellency of nature to govern them as shepheards doe their flocks but rather being made out of the same masse with the rest of the people they should acknowledge that for them they as it were borrow their power authority The ancient custome of the French represents that exceeding welâ— for they used to lift up on a buckler saâ—ute him King whom they had chosen And wherefore is it said I pray you that kings hâ—ve an infinite number of eyes a million of ears with extream long hands and feet exceeding swift is it because they are like to Argos Gerion Midas divers others â—o celebrated by the Poets No truly but it is said in regard of all the people whom the busines principalâ—y concerns who lend to the king for the good of the Common-wealth their eyeâ— their ears their means their facuâ—ties Let the people forsake the king he presently fals to the ground although befoâ—e his hearing sight seemed most excellent that he was strong in the best disposition that might be yea that he seemed to triumph in all magnificence yet in an instant he wiâ—l become moâ—t viâ—e contemptible to bee brief instead of those divine honours wherewith all men adored him he shal be compeâ—ed Dionisius for his Tiâ—aâ—â—ie driven oâ—t of Câ—cilâ—e was foâ—sâ—d to taâ—e that course of lifâ— upâ—n hâ—m to become a Pedant whip children in the schooâ— at Corinth Take away but the basis to this Giant lâ—â—e the Rodian Colosse he pâ—esently tumbles on the ground fals into pieces Seeing thâ—n that the King is estabâ—ished in this degree by the people for their sake that he cannot subsist without them who can think it strange then for us to conclude that the peopâ—e are aboue the King Now that which we speak of alâ— the people universally ought also to be understood as hath been delivered in the 2. question of those which in every Kingdom or town do â—â—â—wfully represent the body of the people which ordinarily or at lest should be caâ—ed the officers of the Kingdom or of the crown not of the King For the officers of the â—ing it is he which placeth displaceth them at his pleasure yea after his death they have no more power are accounted as dead On the contrary the officers of the Kingdom receive their authority from the people in the general Assembly of the states or at the least werâ— accustomed so anciently to have done cannot be disauthorised but by them so then the one depends of the King the other of the Kingdom those of tâ—e soveraign officer of the â—ingdom which is the King himself these of the soveraignty it self that is of the people of which soveraignty both the King all his officers and all his officers of the â—ingdom ought to depend the charge of the one hath proper relation to the care of the â—ings person that of the other to look that the common-wealth receive no damage the first ought to serve and assist the King as all domestique servants are bound to doe to their masters the other to preserve the rights priviledges of the people to carefully hinder the Prince that he neither omit the things that may advantage the state nor commit any thing that may endammage the publique Briefly the one are Servants and domestiques of the Kings and received into their places to obey his person the other on the contrary are as Associates to the King in the administration of justice participating of the Royal power and authority being bound to the utmost of their power to be assisting in the managing of the affairs of State as well as the King who is as it were President amongst them and principall onely in order and degree Therefore as all the whole People is above the King and likewise taken in one entire body are in authority before him yet being considered one by one they are all of them under the King It is easie to know how far the power of the first Kings extended in that Ephron King of the Hittites could not grant Abraham the Sepulchre but in the presence and with the consent of the People neither could Hemor the Hevite Gen. 34. King of Sichem contract an alliance with Iacob without the Peoples assent and confirmation thereof because it was then the custome to refer the most important affairs to be dispensed and resolved in the generall Assemblies of the People This might easily be practised in those kingdomes which were then almost confined within the circuit of one towne But since that Kings began to extend their limits and that it was impossible for the People to assemble together all into one place because of their great numbers which would have occasioned confusion the Officers of the kingdome were established which should ordinarily preserve the rights of the People in such sort notwithstanding as when extraordinary occasion required the People might be assembled or at the least such an abridgement as might by the principallest Members be a Representation of the whole Body We see this order established in the kingdome of Israel which in the judgment of the wisest Politicians was excellently ordered The King had his Cupbearers his Carvers his Chamberlains and Stewards The kingdome had her Officers to wit the 71. Elders and the heads and chief chosen out of all the Tribes which had the care of the Publique Faith in Peace and War Furthermore the kingdome had in every town Magistrates which had the particular government of them as the former were for the whole kingdome At such times as affairs of consequence were to be treated of they assembled together but nothing that concerned the publike state could receive any solid determination David assembled the Officers of 1. Chron. 29. 1 1. Chron. 13. 1. his kingdome when he desired to invest his Son Solomon with the Royal Dignity when he would have examined and approved that manner of policy and managing of affairs that he had revived and restored and when there was question of removing the Ark of the Covenant And because they represented the whole people it is said in the History that all the people assembled These were the same Officers that delivered Ionathan from death condemned by the sentence of the King by which it appeares that there might be an appeale from the King to the People After that the kingdome was divided through the pride of Reoboam â— Sam. â—â— 45. the Councel at Ierusalem composed of 71. Ancients seems to have such authority that they might judge the King as well as the King might judge every one of them in particular In this Councel was President the Duke of the house of Iuda to wit â— Chron. 1â—
house-hold breakes his staffe of office and sayes Our Master is dead let every one provide for himselfe On the other side the kingdom hath her officers to wit the Mayor of the Palace which since hath been called the Constable the Marshals the Admirall the Chancellour or great Referendary the Secretaries the Treasurers and others which heretofore were created in the Assembly of the three Estates the Clergy the Nobility and the People Since that the Parliament of Paris was made Sedentary they are not thought to be established in their places before they have beene first received and approved by that course of Parliament and may not be dismissed nor deposed but by the authority and consent of the same Now all these officers take their oath to the Kingdome which is as much as to say to the people in the first place then to the King which is protector of he Kingdome the which appears by the tenour of the oath Above all the Constable who receiving the Sword from the King hath it girded unto him with this charge That he maintain and defend the Common-wealth as appears by the words that the King then pronounceth Besides the kingdome of France hath the Peers so called either for S. Filius fam instit quib mod jus patriae pot solvitur that they are the Kings companions or because they are the Fathers of the Common-wealth taking their denominations from the severall Provinces of the kingdome in whose hands the King at his inauguration takes his oath as if all the people of the kingdome were in them present which shews that these twelve Peers are above the King They on the other side swear That they will preserve not the King but the Crown that they will assist the Common-wealth with their councell and therefore will be present with their best abilities to councell the Prince both in peace and war as appears plainly in the Paitentee of their Peership And they therefore have the same right as the Peers of the Court Renatus châ—pinus ' lib. 3. which according to the Law of the Lumbards were not only associates to the Lord of the Fee in the judgment of cauâ—es but also did take an â—ccount and judge the differences that happenod between the Lord and his vassall We may also know that those Peers of France did often discusse suits and differences between the King and his Subjects Insomuch that when Charles the 6. would have given sentence against the Duke of Brittain they opposed it alleadging that the discussing of that businesse belonged properly to the Peers and not to the king who might not in any 〈◊〉 derogate from their authority Therefore it is that yet at this day the Parliament of Paris is called the Court of Peers being in some sort constituted Judge between the king and the people yea between the king and every private person and is bound and ought to maintain the meanest in the kingdome against the kings Attorney if he undertake any thing contrary to law Furthermore if the king ordain any thing in his Councell if he treat any agreement with the Princes his neighbours if he begin a Warre or make peace as lately with Charles the 5. the Emperour the Parliament ought to interpose their authority and all that which concerns the publike State must be there inregistred neither is there any thing firm and stable which the Parliament doth not first approve And to the end that the Councellours of that Parliament should not fear the king formerly they attained not to that place but by the nomination of the whole body of the Court neither could they be dismissed for any lawfull cause but by the authority of the said Body Furthermore if the Letters of the King be not subsigned by a Secretary of the Kingdom at this day called a Secretary of State and if the Letters Pattents be not sealed by the Chancellour who hath power also to cancell them they are of no force or value There is also Dukes Marquesses Earls Vicounts Barons Seneschabs and in the cities and good towns Mayors Baylistes Lieutenants Capitols Consuls Sindiques Sheriffs and others which have speciall authority through the Circuit of some countries or towns to preserve the people of their jurisdiction Time it is that at this day some of these dignities ere become hereditary Thus much concerning the ordinary Magistrates The Assembly of the three Estates Besides all this anciently every yeer and since lesse often to wit when some urgent necessity required it the generall or three Estates were assembled where all the Provinces and Townes of any worth to wâ—t the Burgesses Nobles and Ecclesiasticall persons did all of them send their Deputies and there they did publikely deliberate and conclude of that which concerned the publike state Alwayes the authority of this Assembly was such that what was there determined whether it were to treat peace or make war or create a Regent in the Kingdom or impose some new tribute it was ever held firm and inviolable nay which is more by the authority of this Assembly the Kings convinced of loose intemporancy or of insufficiency for so great a charge or tyranny were disthronized yes their whole Races were for ever excluded from their succession to the Kingdome no more nor lesse as their Progenitors were by the same authority formerly called to the administration of the same Kingdome Those whom the consent and approbation of the Estates had formerly raised were by the dissent and disallowing of the same afterwards cast down Those which tracing in the vertuous steps of their Ancestors were called to that dignity as if it had been their inheritance were driven out and dis-inherited for their degenerating ingratitude for that being tainted with insupportable vices they made themselves uncapable and unworthy of such honour This shews that succession was tollerated to avoid practises close and under-hand canvasing discontents of persons refused contentions interraines and other discommodities of elections But on the other part when successiou brought other mischiefes more pernicious when tyrannie trampled on the Kingdome and when a Tyrant possessed himselfe of the Royal Throne the Medicine proving much worse then the Disease then the Estates of the Kingdome lawfully assembled in the name of all the people have ever maintained their authority whether it were to drive out a Tyrant or other unworthy King or to establish a good one in his place The ancient French had learned that of the Gauses as Caesar shewes in his Commentaries For Ambiorix King of the Eburons or Leigeons confesseth That such were the condition of the Gaulish Empire that the people lawfully assembled had no lesse power over the King then the Caes l. 5. 7. de bello Gal. lico King had over the people The which appears also in Vircingentorix who gives an account of his actions before the Assembly of the people In the kingdoms of Spain especially Aragon Valentia and Catalonia there is the very same For
that which is called the Iustitia Major in Aragon hath the Soveraign authority in it selfe And therefore the Lords which represent the people proceed so far that both at the inaugaration of the King as also at the Assembly of the Estates which is observed every tâ—ird yeer to say to the King in expresse words that which follows We which are as much worth as you and have more power then you chuse you King upon these and these conditions and there is one between you and us which commands over you to wit the Iustitia Major of Aragon which oftentimes refuseth that which the King demands and forbids that which the King â—njoynes In the kingdoms of England and Scotland the Soveraignty seemes to be in the Parliament which heretofore was held almost every yeere They call Parliaments the Assembly of the Estates the kingdome in the which the Bishops Earles Barons Deputies of Towns and Provinces deliver their opinions and resolve with a joynt consent of the affaires of State the authority of this Assembly hath been so sacred and inviolable that the King durst not abrogate or alter that which had been there once decreed It was that which heretofore called and installed in their charges all the chief officers of the kingdome yea and sometimes the ordinary councellers of that which they call the Kings privie Councels In sum the other christian Kingdoms as Hungary Bohemia Denmarke Swedea and the rest they have their officers apart from the Kings and Histories together with the examples that we have in these our times suffâ—ciently demonstrate that these Officers and Estates have knowne how to make use of their authoriâ—y even to the deposing and driving out of the tyrannors and unworthy Kings We must nor therefore esteem that this cuts too short the wings of Royal authority and that it is as much as to take the Kings head from his shoulders We believe that God is Almighty neither think we it any thing diminisheth his power because he cannot sin neither say we that his Empire is lesse to be esteemed because it cannot be neither shaken nor cast downe neither also must we judge a King to be too much abused if he be withheld by others from falling into an errour to which he is over-much inclined or for that by the wisdome and discretion of some of his Councellors his kingdome is preserved and kept intire and safe which otherwise happily by his weaknesse or wickednesse might have been ruined Will you say that a man is lesse healthfull because he is invironed with discreet Physitians which councell him to avoid all intemperance and forbid him to eat such meats as are obnoxious to the stomack yea and which purge him many times against his will and when he resists which will prove his better friends whether these Physitians which are studiously carefull of his health or those Sicophants which are ready at every turn to give him that which must of necessity hasten his end We must then always observe this distinction The first are the friends of the King The other are the friends of Francis which is King The friends of Francis are those which serve him The friends of the King are the officers servants of the kingdom For seeing the King hath this name because of the kingdom and that it is the people which give being and consistence to the kingdome the which being lost or ruined bee must needs ceaâ—e to be a King or at the least not so truly a King or else wee must take a shadow for a substance Without question those are most truly the Kings friends which are most industriously carefull of the welfare of his kingdom and those his worst enemies which neglect the good of the Common wealth and seek to draw the King into the same lapse of errour And as it is impossible to separate the kingdom from the people nor the King from the Kingdome in like manner neither can the friends of the King be dis-joyned from the friends of the people and the Kingdome I say further that those which with a true affection love Francis had rather see him a King then a Subject Now seeing they cannot see him a King it necessarily followes that in loving Francis they must also love the Kingdome But those which would be esteemed more the friends of Francis then of the kingdome and the people are truly flatterers and the most pernitious enemies of the King and publike State Now if they were true friends indeed they would desire and endeavour that the King might become more powerfull and more assured in his estate according to that notable saying of Theopompus King of Sparta after the Ephores or Controllers of the Kings were instituted Tkemore said he are appointed by the People to watch over and look to the affaires of the Kingdome the more those that govern shall have credit and the more safe and happy shall be the State Whether prescription of time can take away the right of the people But peradventure some one will reply you speak to us here of Peers of Lords and Officers of the Crown But I for my part see not any but only some shewes and shadows of antiquity as if they were to be represented on a stage I see not for the present searce any tract of that ancient liberty and authority nay which is worse a great part if not all of those officers take care of nothing but their particular affairs and almost if not altogether serve as flatterers about those Kings who joyntly tosse the poor people like â—ennice bals hardly is there one to be found that hath compussion on or will lend a helping hand to the miserable subjects fleaed and scorched to the very bones by their insolent and insupportable oppression If any be but houth to have such a desire they are presently condemned as Rebels and seditious and are constrained either to fly wiâ—h much discommodity or else must run hazard both of life and liberty What can be answered to this the businesse goes thus The outragiousnesse of Kings the ignorance of the party together with the wicked connivence of the great ones of the kingdome hath been for the most part such throughout the World that the licentious and unbridled power wherewith most kings are transported and which hath made them insupportable hath in a manner by the length of continuance gained right of prescription and the people for want of using it hath incitely quit if not altogether lost their just ancient authority So that it ordinarily happens that what all mens care ought to attend on is for the most part neglected by every man for what is commited to the generalty no man thinkes is commended to his custody Notwithstanding no such prescription nor praevarication can justly prejudice the right of the people It is commonly said that the Exchequers doe admit no â—ale of prescription against it much lesse against the whole body of the people whose power transcends the
by him onely for rapine and ruine Whether the goods of the people belong to the King But to proceed let us now see whether the King whom we have alreadie proved hath not power over the lives of his Subjects is not at the least Lord over their Goods In these dayes there is no language more common in the Courts of Princes then of those who say all is the Kings Whereby it follows that in exacting any thing from his Subjects he takes but his own and in that which he leaves them he expresseth the care he hath that they should not be altogether destitute of meanes to maintaine themselves and this opinion hath gained so much power in the minds of some Princes that they are not ashamed to say that the paines sweat and industrie of their Subjects is their proper revenue as if their miserable Subjects onely kept beasts to till the earth for their insolent masters profit and luxurie And indeed the practise at this day is just in this manner although in all right equity it ought to be contrarie now we must alwaies remember that Kings were created for the good and profit of the people and that those as Aristotle sayes which indeavour and seeke the commoditie of the people are trusty Kings whereas those that make their own private ends and pleasures the onely butt and aime of their desirers are truly Tyrants It being then so that every one loves that which is his owne yea that many covet that which belongs to other men is it any thing probable that men should seek a master to give him francklie al that they had long laboured for and gained with the sweat of their browes may we not rather imagine that they chose such a man on whose integrity they relied for the administring of justice equally both to the poore and rich and which would not assume all to himselfe but rather maintaine every one in the fruition of his own goods or who like an unprofitable Drone should suck the fruit of other mens labours but rather preserve the house for those whose industrie justly deserved it briefly who instead of extorting from the true owners their goods would see them defended from all ravening oppressors What I pray you skills it sayes the poore Countrie man whether the King or the enemy make havok of my goods since through the spoile thereof I and my poore familie die for hunger what imports it whether a stranger or home-bred caterpiller ruine my estate and bring my poore fortune to extream beggery Whether a forrein Souldier or a Sicophant Courtier by force or fraud make me alike miserable Why shall he be accounted a barbarous enemy if thou be a friendly Patriot Why he a Tyrant if thou be a King Yea certainly by how much parracide is greater then manslaughter by so much the wickednesse of a King exceeds in mischiefe the violence of an enemy If then therefore in the creation of Kings men gave not their own proper goods unto them but onely recommended them to their protection by what other right then but that of free booters can they challenge the propertie of other mens goods to themselves Wherefore the Kings of Egypt were not according to Law at the first the Lords of particular mens estates but were onely then when they were sold unto them for corne and yet may there well be question made of the validitie of that contract Ahab King of Israel could not compell Naboth to sell him his Gen 45. 1 Kings 21. 1. c. vineyard but rather if he had been willing the Law of God would not permit it The Roman Emperors which had an unreasonable power could neither by right have done it At this day there is with much difficultie any Kingdom to be found where the meanest Subject may not sue the King where many times the L. venditor 13. D. de com praed divid King is not cast in the sute which succeeding he must as well as others satisfie the judgment And to this is not contrarie although at the first veiw it seeme so that which some of their most familiars have written of the Emperors That by the civill Law all things were the Kings and that Caesar was absolute Lord of all Seneca lib. de benef 7. C. 4. 5. 6. things they themselves expound this their opinion in this manner that the dominion of all things belongs to the King and the proprietie to the particular persons insomuch as the one possesseth all by the right of commanding the other by the Law of inheritance We know that it is a common saying amongst the Civilians that if any make claime to a house or a Ship it followes not therefore that he can extend his right to all the furniture L. nave 36. D. de evictionibus or lading And therefore a King may challenge and gaine right to the Kingdome of Germanie France and England and yet notwithstanding he may not lawfully take any honest mans estate from him but by manifest injustice seeing that they are things diverse and by Law distinguished to be possessors of the whole and of all the particular parts Whether the King be the proper owner of the Kingdom But the King is he not Lord proprietor of the publick Revenue We must handle this point somewhat more exactly then we did the former In the first place we must consider that the revenue of the publick Excheaquer is one thing the proper patrimonie of the Prince an other of different nature are the goods of the Emperor King or Prince to those of Aâ—tonius Henrie or Philip those are properly the Kings which he injoyes as King those are Antonious his which he possesseth as in the right of Antonius the former he received from the people the latter from those of his blood as inheritor to them This distinction is frequent in the books of the civill Law where there is a difference ever made between the patrimonie of the Empire and that of the Emperor the treasurie of Caesar is one L. bene à Zenone C. de quod praesc C. unde quaest Mag ib. 12. C. l. fiscus D. de jurefisci thing and the Exchequer of the Common-wealth another and both the one and the other have their severall procurers there being diverse dispensers of the sacred and publick distributions and of the particular private expences insomuch as he which as Emperor is preferred before a private man in a grant by deed or chartell may also sometime as Antonius give place to an inferiour person In like manner in the Empire of Germanie the revenue of Ferdinand of Austria is one thing and the revenue of the Emperor Ferdinand is another the Empire and the Emperor have their severall treasurers as also there is difference in the inheritances which the Princes derive from the houses of their ancestors and those which are annexed to the Electorall dignities Yea amongst the Turks themselves Selimus his
observed in the Kingdomes of Portugall Leon and the rest of Spaine The lesser principallities have their institution grounded on the same right The contracts which the Brabancers and the rest of the Netherlanders together with those of Austria Carinthia and others had with La Joyeuse entreè their Princes were alwayes conditionall But especially the Brabancers to take away all occasion of dispute have this expresse condition which is that in the receiving of their Duke there is read in his presence the ancient Articles wherein is comprized that which is requisite for the publick good and thereunto is also added that if he doe not exactly and precisely observe them they may choose what other Lord it shall seeme good unto them the which they doe in expresse words protest unto him He having allowed and accepted of these Articles doth in that publick assemblie promise and solemnly sweare to keepe them The which was observed in the reception of Philip the second King of Spaine Ludovicus Guicciard in Discript Belgiae Briefly there is not any man can denie but that there is a contract mutually obligatorie between the King and the Subjects which requires the people to obey faithfully and the King to governe lawfully for the performance whereof the King sweares first and after the people I would aske here wherefore a man doth sweare if it be not to declare that what he delivers he sincerely intends from his heart Can any thing be judged more neere to the law of nature than to observe that which we approve Furthermore what is the reason L. 1. D. Acpact l. non minorum 20. D. de transact the King sweares first and at the instance and required by the people but to accept a condition either tacite or expressed Wherefore is there a condition opposed to the Contract if it be not that in fayling to performe the condition the contract according to law remaines voyde And if for want of satisfying the condition by right the contract is of no force who shall dare to call that people perjured which refuseth to obey a King which makes no account of his promise which he might and ought to have kept and wilfully breakes those lawes which he did sweare to observe On the contrary may we not rather esteeme such a King perfidious perjured and unworthy of his place For if the Law free the vassall Lib. 2. feudor tit 26. §. 24. tit 47. Dionys Halic lib. 2. from his Lord who dealt felloniously with him although that to speake properly the Lord sweareth not fealtie to his vassall but he to him if the Law of the twelve Tables doth detest and hold in execration the protector that defraudeth him that is under his tuition if the civill Law permit an infranchised servant to bring his action against his patron for any grievous usage if in such cases the same Law delivers the slave from the power of his Master although the obligation be naturall onely and not civill is it not much more reasonable that the people be loosed from that oath of alleageance which they have taken if the King who may be not unfitly resembled by an Atturney sworne to looke to his Clients cause first breake his oath solemnly taken And what if all these ceremonies solemne oaths nay sacramentall promises had never been taken Doth not nature her selfe sufficiently teach that Kings were on this condition ordained by the people that they should governe well Judges that they should distribute justice uprightly Captaines in the warre that they should lead their Armes against their enemies If on the contrary they themselves forrage and spoile their subjects and instead of governors become enemies as they leave indeed the true and essentiall qualities of a King so neither ought the people to acknowledge them for lawfull Princes But what if a people you will reply subdued by force be compeld Cicer. 1. Offic. by the King to take an oath of servitude And what if a robber pirate or tyrant I will answer with whom no bond of humane societie can be effectuall holding his dagger to your throate constraine you presently to become bound in a great sum of money Is it not an unquestionable Maxime in Law that a promise exacted by violence cannot binde especially if any thing be promised against common reason or the law of nature Is there any thing more repugnant to nature and reason than that a people should manicle and fetter themselves and to be obliged by promise to the Prince with their own hands and weapons to be their own executioners There is therefore a mutuall obligation between the King and the people which whether it be civill or naturall onely whether tacite or expressed in words it cannot by any meanes be annihilated nor by any Law be abrogated much lesse by force made voyde And this obligation is of such power that the Prince which wilfully violates it is a tyrant and the people which purposely breakes it may be justly termed seditious Hitherto we have treated of a King it now rests wee doe somewhat more fully describe a Tyrant Wee have shewed that he is a Who may truly be called tyrants King which lawfully governes a Kingdome either derived to him by succession or committed to him by Election It followes therefore that he is reputed a tyrant which as opposite to a King either Aristo lib. 5. polit c. 10. gaines a kingdome by violence or indirect meanes or being invested therewith by lawfull election or succession governes it not according to law and equitie or neglects those contracts and agreements Bartol in tract de tyrannide to the observation whereof he was strictly oblieged at his reception All which may very well occurre in one and the same person The first is commonly called a tyrant without title the second a tyrant by practise Now it may well so come to passe that he which possesseth himselfe of a kingdome by force to governe justly and he on whom it descends by a lawfull title to rule unjustly But for so much as a kingdome is rather a right than an inheritance and an office than a possession he seemes rather worthy the name of a tyrant which unworthily acquits himselfe of his charge than he which entered into his place by a wrong dore In the same sence is the Pope called an intruder which entered by indirect means into the papacy and he an abuser which goverâ—s il in it Pithagoras sayes That a worthy stranger is to be preferr'd before an unworthy Citizen yea though he be a Kinsman Let it be lawfull also for us to say that a Prince which gained his Principality by indirect courses provided hee governe according to law and administer justice equally is much to be preferred before him which carrieth himselfe tyrannously although hee were legally invested into his government with all the Ceremonies and Râ—tes thereunto appertaining For seeing that Kings were instituted to feede to judge
reverently to serve him He fains also to be exceedingly affected to the publique good not so much for the love of it as for feare of his owne safety Furthermore he desires much to be esteemed just and loyall in some affaires purposely to deceive and betray more easily in matters of greater consequence much like those thieves which maintaine themselves by thefts and robberies cannot yet long subsist in their trade without exercising some parcell of justice in their proceedings Hee also counterfeits the mercifull but it is in pardoning of such malefactors in punishing whereof he might more truly gaine the reputation of a pittifull Prince To speake in a word that which the true King is the Tyrant would seeme to be and knowing that men are wonderfully attracted with and inamoured of vertue hee endeavours with much subtilty to make his vices appeare yet masked with some shadow of vertue but let him counterfeit never so cunningly still the Fox will be known by his taile and although he fawne and flatter like a Spannell yet his snarling and grinning will ever bewray his currish kind Furthermore as a well-ordered Monarchy partakes of the principall Tho. Aquin. in secund secund q. 12. aâ—t 11. commodities of all other governements So on the contrary where tiranny prevailes there all the discommodities of confusion are frequent A Monarchy hath in this conformity with an Aristocraty that the most able and discreet are called to consultations Tiranny and Oligarchy accord in this that their counsels are composed of the worst and most corrupted And as in the Councell Royall there may in a fort seeme many Kings to have interests in the government so in the other on the contrary a multitude of Tyrants alwayes domineers The Monarchy borrowes of the popular government the assemblies of the Estates whither are sent for Deputies the most sufficient of Cities and Provinces to deliberate of and determine matters of State the tiranny takes this of the Ochlocracie that if shee be not able to hinder the convocation of the Estates yet will she endeavour by factious subtilties and pernicious practices that the greatest enemies of Order and Reformation of the State be sent to those Assemblies the which we have known practised in our times In this manner assumes the Tyrant the countenance of a King and tyranny the semblance of a Kingdome and the continuance succeeds commonly according to the dexterity wherewith it is managed yet as Aristotle says we shal hardly reade of any tyranny that hath out-lasted a hundred yearee briefely the King principally regards the publique utility and a Tyrants chiefest care is for his private commodity But seeing the condition of men is such that a King is with much difficulty to be found that in all his actions only agreeth at the publique good and yet cannot long subsist without expression of some speciall care thereof we will conclude that where the Common-wealths advantage is most preferr'd there is both a lawfull King and Kingdome and where particular designes and private ends prevaile against the publique profit there questionlesse is a Tyrant and tiranny Thus much concerning Tyrants by practise in the examining whereof wee have not altogether fixed our discourse on the loose disorders of their wicked and licentious lives a Bartol in tract de tiranct de regim Civt which some say is the character of a bad man but not alwayes of a bad Prince If therefore the Reader be not satisfied with this description besides the more exact representations of Tyrants which he shall finde in histories he may in these our dayes behold an absolute modell of many living and breathing Tyrants whereof Aristotle in his time did much complaine Now at the last we are come as it were by degrees to the chiefe and principall point of the question We have seene how that Kings b To whom it belongs to resist suppresse TyraÌ„ts without title have beene chosen by God either with relation to their Families or their persons only and after installed by the people In like manner what is the duty of the King and of the Officers of the Kingdome how farre the authority power and duty both of the one the other extends and what and how sacred are the Covenants and contracts which are made at the inauguration of Kings and what conditions are intermixt both tacite and express'd finally who is a Tyrant without title and who by practise seeing it is a thing unquestionable that we are bound to obey a lawfull King which both to God and people carrieth himselfe according to those Covenants whereunto he stands obliged as it were to God himselfe seeing in a fort he represents his divine Majestie It now followes that we treate how and by whom a Tyrant may be lawfully resisted and who are the persons that ought to be chiefely actors therein and what course is to be held that the action may be managed according to right and reason we must first speak of him which is commonly called a Tyrant without title Let us suppose then that some Ninus having neither received outrage nor offence invades a people over whom he hath no colour of pretension that Caesar seekes to oppresse his Countrey c Otto Frising Chron. l. 3. c. 7. and the Roman Common-wealth that Popiclus endeavours by murthers and treasons to make the elective Kingdome of Polonia to become hereditary to him and his posterity or some Brunichilde drawes 〈◊〉 lib. â— c. 1. 〈◊〉 Tâ—uâ—on lib. 4. c. 51. lib. 5. c. 1â— lib. 8. c. 29. to her selfe and her Protadius the absolute government of France or Ebroinus taking advantage of Theodericks weaknesse and idlenesse gaineth the intire administration of the State and oppresseth the people what shall be our lawfull refuge herein First The law of nature teacheth and commandeth us to maintaine and defend our lives and liberties without which life is scant worth the enjoying against all injury and violence Nature hath imprinted this by instinct in Dogs against Wolves in Buls against Lions betwixt Pigeons and Spar hawkes betwixt Pullen and Kites and yet much more in man against man himselfe if man become a beast and therefore he which questions the lawfulnesse of defending ones selfe doth as much as in him lies question the law of nature To this must be added the law of Nations which distinguisheth possessions and Dominions fixes limits and makes our confiâ—â—s which every man is bound to defend against all invaders And therefore it is no lesse lawfull to resist Alexander the great it without any right or being justly provoked he invades a Countrey with a mighty Navy as well as Diomedes the Pirate which scoures the Seas in a small vessell For in this case Alexanders right is no more than Diâ—medes his but only hee hath more power to doe wrong and not so easily to be compeld to reason as the other Briefely one may as well oppose Alexander in pillaging a Country as a Theefe in
Throns by the just instigation of the Almighty revenging himselfe of them in the midst of their greatest strength and the people should not be so sack't and pillag'd and troden down It then belongs to Princes to know how farre they may extend their authority and to subjects in what they may obey them lest the one incroaching on that jurisdiction which no way belongs to them and the others obeying him which commandeth further then he ought they be both chastised when they shall give an account thereof before another Judge Now the end and scope of the question propounded whereof the Holy Scripture shall principally give the resolution is that which followeth The question is if subjects be bound to obey Kings in case they command that which is against the Law of God that is to say to which of the two God or the King must we rather obey when the question shall be resolved concerning the King to whom is attributed absolute power that concerning other Magistrates shall be also determined First the Holy Scripture doth teach that God reignes by his owne proper authority and Kings by derivation God from himselfe Kings from God that God hath a jurisdiction proper Kings Prov. 8. Iob 12. Wisd 6. 3. are his delegates It followes then that the jurisdiction of God hath no limits that of Kings bounded that the power of God is infinit that of Kings confin'd that the Kingdom of God extends it selfe to all places that of Kings is restrain'd within the confines of certaine countries In like manner God hath created of nothing both heaven and earth wherefore by good right he is Lord and true Proprietorie both of the one and the other All the Inhabitants of the earth hold of him that which they have and are but his tenants and farmers all the Princes and Governors of the world are his stipendaries and vassals and are bound to take and acknowledge their investitures from him Briefly God alone is the owner and Lord and all men of what degree or quality soever they be are his servants farmers officers and vassals and owe account and acknowledgement to him according to that which he hath committed to their dispensation the higher their place is the greater their account must be and according to the ranks whereunto God hath rais'd them must they make their reckoning before his divine Majesty which the Holy Scripture teacheth in infinit places and all the faithfull yea and the wisest amongst the Heathen have ever acknowledged The earth is the Lords and the fulnesse thereof so saith King David And to the end that Psal 24. men should not sacrifice to their owne industry the earth yeelds no increase without the dew of heaven Wherefore God commanded that his people should offer unto him the first of their fruits and the Heathens themselves have consecrated the same unto their gods to the end that God might be acknowledged Lord and they his grangers and vine dressers the heaven is the Throne Isay 66. 1. 1 Kings 1. 8 of the Lord and the earth his foot-stoole And therefore seeing all the Kings of the world are under his feet it is no marvail if God be called the King of kings and Lord of lords all Kings be termed his Ministers established to judge rightly and govern justly Prov. 8. 15 the world in the quality of Livetenants By me so saith the divine Wisdom Kings reigne and the Princes judge the earth If Job 1â— 18. they doe it not he looseth the bonds of Kings and girdeth their loyns with a girdle As if he should say it is in my power to establish Dan. 2. 21. Kings in their Thrones or to thrust them out and from that occasion the Throne of Kings is called the Throre of God Blessed be the Lord thy God saith the Queen of Sheba to King Solomon 2 Chron. 9. 8. which delighted in thee to set thee on his Throne to be King for the Lord thy God to doe judgement and justice In like manner we reade in another place that Solomon sate on the Throne of the 2 Chron. 2â— â—3 1 Sam. 9. 1â— and 10. 1. Lord or on the Throne of the Lords Kingdome By the same reason the people is alwayes called the Lords people and the Lords inheritance and the Kings Governor of this inheritance and Conductor or Leader of his people of God which is the title given to David to Solomon to Ezechias and to other good Princes 2 Sam. 6. 21. 2 Kings â—0 5. 2 Chron. 1 9. 2 King 11. 2 Chron. 33. 16. 2 Chron. 20. 6. when also the Covenant is passed betwixt God and the King it is upon condition that the people be and remaine alwayes the people of God to shew that God will not in any case despoyle himselfe of his propriety and possession when he gives to Kings the government of the people but establish them to take charge of and well use them no more nor lesse then he which makes choyse of a Shepheard to looke to his flocks remains notwithstanding himselfe still Master and owner of them This was alwayes knowne to those good Kings David Solomon Jehosaphat and others which acknowledged God to bee the Lord of their Kingdomes and nations and yet lost no priviledge that justly belongs to reall power yea they reigned much more happily in that they employed themselves cheerfully in the service of God and in obedience to his Commandements Nebuchadnezer although hee were a Heathen and a mighty Emperour did yet at the end acknowledge Dan 2. 3â— and 4. 14. this for though Daniel called him the King of Kings to whom thee King of Heaven had granted power and Royall Majesty above all others Yet on the contrary said hee Thy God O Daniel is truly the God of Gods and Lord of Lords giving Kingdomes to whom he pleaseth yea to the most wretched of the world For which cause Zenephon said at the Coronation of Cyrus let us sacrifice to God And prophane Writers in many places doe magnifie God the most mighty and Sovereigne King At this day at the Inaugurating of Kings and Christian Princes they are called the servants of God destinated to governe his people Seeing then that Kings are only the Leiutenants of God established in the Throne of God by the Lord God himselfe and the people are the people of God and that the honour which is done to these Leiutenants proceeds from the reverence which is borne to those that sent them to this service it followes of necessity that Kings must bee obeyed for Gods cause and not against God and then when they serve and obey God and not otherwayes It may be Divisum imperium cum Jove Caesar habet that the flatterers of the Court wil reply that God hath resigned his power unto Kings reserving Heaven for himselfe and allowing the Earth to them to reign and govern there according to their owne phancies briefly that the great ones of
the advancement whereof these Kings at their anoynting and receiving doe promise to imploy the utmost of their means Herod fearing Christ whose reign he should rather have desired sought to put him to death as if he had affected a Kingdome in this World did himselfe miserably perish and lost his Kingdome Julian the Apostate did cast off Christ Jesus to cleave unto the Impiety and Idolatry of the Pagans but within a small time after he fell to his confusion the force of the arme of Christ whom in mockery he called the Gallilean Ancient histories are repleate with such examples neither is there any want in those of these times Of late yeares divers Kings drunke with the liquor which the Whore of Babilon hath presented unto them have taken armes and for the love of the Wolfe and of Antichrist have made War against the Lambe of God which is Christ Jesus and yet at this day some amongst them doe continue in the same course wee have seen some of them ruin'd in the deed and in the middest of their wickednesse others also carried from their triumphs to their graves those which survive and follow them in their courses have little reason to expect a better issue of their wicked practices this sentence remaines always most certaine That though all the psa 2. 2. psa 1 10 2. Apoc. 19 16. Kings of the earth doe conjure and conspire against Christ and indeavour to cut in peeces our Lambe yet in the end they shall yeeld the place and maugre their hearts confesse that this Lambe is the King of Kings and Lord of Lords But what shall wee say of the Heathen Kings Certainly although they be not anoynted and sacred of God yet be they his Vassalls and have received their power from him whether they be chosen by lot or any other meanes whatsoever If they have been chosen by the voyces of an Assembly we say that God governs the heart of man and addresses the minds and intentions of all persons whether he pleaseth If it be by lot the lot is cast in the lap saith the wise man but the whole disposing thereof is of the Lord. It is God only that in all ages establisheth and takes away confirmes and overthrows Kings pro. 16 33. according to his good pleasure In which regard Isay cals Cyrus the anoynted of the Lord and Daniel saith that Nebuchadnezer Esa 45. 1. Dan. 2. 21 4. 24. Rom. 13. 1â— and others have had their Kingdomes committed unto them by God as also Saint Paul maintains that all Magistrats have received their authority from him For although that God hath not commanded Pagans in expresse termes to obey him as he hath don those that have knowledg of him yet notwithstanding the Pagans must needs confesse that it is by the sovereigne God that they reign wherefore if they will not yeeld the tribute that they owe to God in regard of themselves at the least let them not attempt nor hinder the Sovereigne to gather that which is due from those people which are in subjection to them nor that they doe not anticipate nor appropriate to themselves divine Jurisdiction over them which is the crime of high treason and true tyrannie for which occasion the Lord hath grievously punished even the Pagan Kings themselves It then becomes those Princes that will free themselves from so enormious a mischiefe carefully to distinguish their jurisdiction from that of Gods yea so much the more circumspectly for that God and the Prince have their right of authority over one and the same Land over one and the same man over one and the same thing man is composed of body and soule God hath formed the body and infused the soule into him to him only then may be attributed and appropriated the commands both over the body and soule of man If out of his meer grace and favour he hath permitted Kings to employ both the bodies and goods of their subjects yet still with this Proviso and charge that they preserve and defend their subjects certainly Kings ought to thinke that the use of this authority is in such manner permitted that notwithstanding the abuse of it is absolutely forbidden First those which confesse that they hold their soules and lives of God as they ought to acknowledge they have then no right to impose any tribute upon soules The King takes tribute and custome of the body and of such things as are acquired or gained by the industry and travaile of the body God doth principally exact his right from the soule which also in part executes her functions by the body In the tribute of the King are comprehended the fruits of the earth the contributions of money and other charges both reall and personall the tribute of God is in Prayers Sacraments Predications of the pure word of God briefly all that which is called divine service as well private as publick these two tributes are in such manner divers and distinguished that the one hurts nothing the other the Exchequer of God takes nothing from that of Caesar but each of them have their right manifestly apaâ—t But to speak in a word whosoever confounds these things doth heaven and earth together and endeavours to reduce them into their first chaos or later confusion David hath excellently well distinguished these affaires 1 Chron. 26. 29. 2 Chron. 19. 11. ordaining officers to look to the right of God and others for that of the King Josephat hath followed the same course establishing certaine persons to judge the causes that belonged to the Almighty and others to looke to the justice of the King the one to maintain the pure service of God the other to preserve the rights of the King But if a Prince usurpe the right of God and put himselfe forward after the manner of the Giants to scale the Heavens he is no lesse guilty of high treason to his Soveraigne and commits fellonie in the same manner as if one of his vassals should seize on the rights of his Crown and puts himselfe into evident danger to be dispoyled of his estates and that so much the more justly there being no proportion between God and an earthly King between the Almighty and a mortall man whereas yet between the Lord and the vassell there is some relation of proportion So often therefore as any Prince shall so much forget himselfe as insolently to say in his heart I will ascend into heaven I will exalt my throne above the stars of God I will sit also upon the mount of the congregation in the sides of the Norâ—h I will ascend above the heights of the clouds I will be like the most high But on the contrary will the Almighty say I will rise up more high I will set my selfe against Esay 14. 13. 14. thee I will raze out thy name and all thy posterity thy counsels shall vanish into smoak but that which I have once determined Exo. 5. 8.
as heads and for the good of the whole body confederate and associate themselves together and as in a publick State that which is done by the greatest part is esteemed and taken as the act of all so in like manner must it be said to be done which the better part of the most principal have acted briefly that all the people had their hand in it But here presents it self another question the which deserves to Whether part of a Kingdom may make resistance be considered and amply debated in regard of the circumstance of time Let us put the case that a King seeking to abolish the Law of God or ruine the Church that all the people or the greatest part yeild their consents that all the Princes or the greatest number of them make no reckoniug and notwithstanding a small handfull of people to wit some of the Princes and Magistrates desire to preserve the Law of God entirely and inviolably and to serve the Lord purely what may it be lawfull for them to do if the King seek to compel those men to be Idolaters ot will take from them the exercise of true religion We speak not here of private and particular persons considered one by one and which in that manner are not held as parts of the entire body As the planks the nails the pegs are no part of the Ship neither the stones the rafters nor the rubbish are any part of the house but we speak of some Town or Province which makes a portion of a Kingdom as the prow the poop the keel and other parts make a Ship the foundation the roof and the walls make a house We speak also of the Magistrate which governs such a Citie or Province If we must make our defence with producing of examples although we have not many ready by reason of the backwardness and carelesness of men when there is question to maintain the service of God notwithstanding we have some few to be examined and received according as they deserve Libna a Town of the Priests withdrew it Iohn 21 13. 1 Chron. 6. 17. 2 Chron. 21. 10. self from the obedience of Joram King of Judah and left that Prince because he had abandoned the God of his Fathers whom those of that Town would serve and it may be they feared also lest in the end they should be compelled to sacrifice to Baal In like manner when that the King Antiochus commanded that all the Jews should imbrace his religion and should forsake that which the God Almighty had taught them Mattathias answered we will not 1 Mac 1. 43. 2. 22. 3. 43. obey nor will we do any thing contrary to our religion neither did he only speak but also being transported with the zeal of Phineas he killed with his own hands a Jew which constrained his fellow Citizens to sacrifice to Idols then he took arms and retired into the mountain gathered troups and made war against Antiochu for Religion and for his Countrie with such success that he regained Ierusalem brok and brought to nothing the power of the Pagans which they had gathered to ruine the Church and then re-established the pure service of God If we will know who this Matthias was he was the Father of the Machabees of the Tribe of Levi insomuch as it was not lawfull for him according to the received custome and right of his race to restore the Kingdom by arms from the Tyranny of Antiochus His followers were such as fled to the mountains together with the inhabitants of Modin to whom had adjoyned themselves divers neighboring Jews and other fugitives from sundry quarters of Iudeah all which solicitously desired the re-establishment of the Church Almost all the rest yea the principals obeyed Antiochus and that after the rout of his army and his own miserable death Although there were then a fair 1 Mac. 6. 21. c. occasion to shake off his yoke yet the Jewes sought to the sonne of Antiochus and intreated him to take on him the Kingdom promising him fidelity and obedience I might here produce the example of Debora The Lord God had subjected Israel to Iabin King of Canaan and they had remained in this servitude the space of twenty years which might seem in some sort to have gained a right by prescription over the Kingdom and together also that almost all Israel followed after strange gods The principal and most powerful Tribes to wit Reuben Ephraim Benjamin Dan Asher and some others adhered wholly to Iabin Yet notwithstanding the Prophetess Debora which judged Israel caused the Tribes of Zebulon Nephthalie and Issachar or at the lest some of all those Tribes to take arms under the conduct of Barac and they overthrew Sisera the Lieftenant of Iabin and delivered Israel which had no thought of liberty and was content to remain in bondage and having shaken off the yoke of Canaaniets they re-established the pure service of the living God But for so much as Debora seems to have an extraordinary vocation and that the Scripture doth not approve in expresse terms the doings of them of Libna although that in not disallowing of their proceedings it may seem in some sort to allow them and for that the History of the Machabees hath had no great authoritie in the ancient Church and for that it is comonly held that an assertion must be proved by laws and testimonies not by examples let us examine by the effect what we ought to judge according to the right of the matter now in question We have formerly said that the King did swear to keep the Law of God and promise to the uttermost of his power to maintain the Church that the people of Israel considered in one body covenanting by the High-Priest made the same promise to God Now at this present we say that all the Towns and all the Magistrates of these Towns which be parts and portions of the Kingdom promise each of them in his own behalf and in express terms the which all Towns and Christian Communalties have also done although it have been but with a tacite consent Ioshua being Iosuah â—4 very old and near to his death assembled all Israel at Sichem in the presence of God to wit before the Ark of the Covenant which was there It is said that the Antients of the people the Heads of the Tribe the Judges and Governors and all which had any publick command in the Towns of Israel met together there where they swore to observe and keep the Law of the Lord. and did willingly put on the yoke of the Almighty God whereby it appears that these Magistrates did oblige themselves in the names of their Towns and Communalties which did send them to take order that God should be served throughout the whole Countrie according as he had revealed in his Law And Joshuah for his part having passed this contract of agreement between God and the people and inregistred the whole
if the one must needs be done it were much better to forsake the King then God or with S. Augustine in his fourth book of the Citie of God chap. 4. and in the nineteenth book and chapter the 21. That where there is no Justice there is no Common-wealth That there is no Justice when he that is a mortal man would pull an other man out of the hands of the immortal God to make him a slave of the devil seing that Justice is a vertue that gives to every one that which is his own and that those which draw their necks out of the yoke of such Rulers deliver themselves from the Tyrannie of wicked spirits and abandon a multitude of robbers and not the Common-wealth But to re-assume this discourse a little higher those which shall carry themselves as hath been formerly said seem no waies accusable of the crime of revolt Those are said properly to quit the King or the Common-wealth which with the heart and purpose of an Enemy withdraw themselves from the obedience of the King or the Commonwealth by means whereof they are justly accounted adversaries and are oftentimes much more to be feared then any other enemies But those of whom we now speak do nothing resemble them First they do in no sort refuse to obey provided that they be commanded that which they may lawfully L 5. D. de cap. minut do and that it be not against the honour of God They pay willingly the Taxes Customs Imposts and ordinary payments provided that with these they seek not to abolish the tribute which they ow unto God They obey Caesar while he commands in the quality of Caesar but when Caesar passeth his bounds when he usurps that Dominion which is none of his own when he endeavours to assail the Throne of God when he wars against the soveraign Lord both of himself and the people they then esteem it reasonable not to obey Caesar and yet after this to speak properly they do no acts of hostility He is properly an enemie which stirs up which provokes another which out of military insolencie prepareth and seteth forth parties to war They have been urged and assailed by open war and close and trecherous surprisalls when death and destruction environs them round about then they take armes and wade their enemies assaults you cannot have Place with your enemies when you will for if you lay down your weapons if you give over making Warre they will not for all that disarme themselves and loose their advantage But for these men desire but place and you have it give over but assayling them and they wil lay down their Armes cease to fight against God and they will presently leave the lists will you take their Swords out of their hands absteyne you only then from stricking seeing they are not the assaylants but the defendants sheath your Sword and they will presently cast their Buckler on the ground which hath been the reason that they have been often surprized by perfideous atribuscadoes whereof these our times have afforded over frequent examples Now as we cannot call that servant stuborne or a fugitive which puts by the blow which his Lord stricks at him with his Sword or which withdrawes or hides himselfe from his Masters fury or shuts his Chamber dore upon him untill his coleâ— land heate be passedover much lesse ought we to esteeme those seditions which holding the name and place of Servants and subjects shut the gates of a City against their Prince transported with anger being ready to do all his just Commanddements after he hath recovered his judgement and related his former indignation we must place in this rank David Commander of the Army of 1 Sam. 21. 22. 2 Sam. 25. 28. Israel under Saul a furious King David oppressed with Calumnies and false Taxations watched and way-layed from all parts he retired unto and defended himselfe in unaccessible Mountaines and provided for his defence to oppose the walles of Ceila against the fury of the King yea he drew unto his party all those that he could not to take away Saules life from him as it plainly appeared afterwards but to defend his own Cause see wherefore Ionathan the Sonne of Saul made no difficulty to make alliance with David and to renew it from time to time the which is called the Alliance of the Almighty And Abbigall saith in expresso words that David was wrongfully assayled and that he made the War of God We must also place in this rank the Machabees which having Macha 6. 60. c. good meanes to maintaine Warres were content to receive peace from King Demetrius and others which Antiochus had offered them before because by it they should be secured in the free profession and exercise of their Religion We may remember that those which in our times have fought for true Religion against Antichrist both in Germanie and France have laid down Armes as soone as it was permitted them to serve God truely according to his Ordinance and oftentimes having fayre meanes and occasion to advance and continue the War to their much advantage as had David and the Machabees where the Philistins constrained Saul to leave David to looke to his own defence and those Cloudes of neighbouring enemies in Antiochus saw ready to dissclue upon his head hindered him also from further pursuing the Machabees See then the markes which distinguish and separate sufficiently those of whom we speak from Rebels or seditions But let us yet see other evident Testimonies of the equity of their cause for their defection is of that nature that take but away the occasion if some extreame necessity compell not the contrary they presently return to their former condition and then you cannot properly say they separated themselves from the King or the Communality but that they left Ioram and Antiochus or if you will the Tyranny and unlawfull power of one alone or if divers particulers which had no authority nor right to exact obedience in the same manner as they commanded The Sorbonists Doctors have taught us the like sundry times whereof we will alledge some examples About the year 1300. Pope Boniface the 8 seeking to appropriate to his Annales Franciae Archiva Camerae Ratiocimorum Lutetiae Sea the copalties that belonged to the Crown of France Philip the faire the then King doth taunt him somwhat sharply the tenor of whose care letters are these Philip by the Grace of God King of the French to Boniface calling himselfe Soveraign Bishop little or no health at all Be it known to the great foolishnesse and unbounded rashnesse that in temporall matters we have only God for our superiour and that the vacancy of certain Churches and pretends belongs to us by copall prerogative and that it appertaines to us onely to gather the fruites and wee will defend the possession thereof against all opposers with the edge of our Swords accounting them fooles and without braynes that hold
to determine all the suits and differences of their Subjects although in the causes of greatest importance they received an appeal alwayes to themselves as appears in Samuel 2 Sam. 15. 2. 1 chrou 23. 4. 26 29 2 Chron. 19. It Rom. 13. had ever above all things a speciall care to establish in all places just and discreet Judges and principally still to have an eye to the right administration of justice knowing themselves to carry the sword as well to chastise wicked and unjust Subjects as to repulse forreigne Enemies Briefly as the Apostles sayes The Prince is ordained by God for the good aâ—d profit of the people being armed with the sword to defend the good from the violence of the wicked and when he dischargeth his duty therein all men owe him honour and obedience Seeing then that Kings are ordained by God and established by no people to procure and provide for the good of those which are commitâ—ed unto them and that this good or profit be principally expressed in two things to wit in the administration of justice to their subjects and in the managing of armes for the repulsing their ennemies certainly wee must inferre and conclude from this that the Prince which applies himself to nothing but his peculiar profits and pleasures or to those ends which most readily conduce thereunto which contemnes and perverts all lawes which useth his subjects more cruelly then the barbarest enimy would do he may truly and easly be called a Tyrant and that those which in this manner govern their Kingdomes be they of never so large an extent are more properly unjust pillagers and boose-haiers then lawfull governours Whether the Kings be above the law Wee must here yet proceed a little further for it is demanded whether the King which presides in the administration of justice have power to resolue and determine businesse according to his owne will and pleasure most the Kings be subject to the law or doth the law depend August 1. 4. c. 4. 6. to â—ivita Dei upon the King the law saith an ancient is respected by those which otherwayes contemne vertue for it inforceth obedience and ministreth conduct in warfaring and gives viger and luster to justice and equity Pausanias the Spartane will answer in a word that it becomes lawes to direct and men to yeeld obedience to their authority Agositaus King of Sparta says that all commanders must obey the commandements of the lawes But it shall not be amisse to claâ—â—ume this matter a little higher when people began for justice to seek to determine their differences if they met with any private man that did justly appoint them they were satisfied with it now for so much as such men were rarely and with much difficulty met withall and for that the judgements of kings received as lawes were oftentimes found contrary and difficult then the Magistrates and others of great wisdome invented lawes which might speak to all men in one and the same voice This being done it was expressly injoyned to kings that they shold be the gardiens and administrators And somtimes also for so much as the lawes could not fore see the perticularities of actions to resolve exactly it was permitted the king to supply this defect by the same naturall equity by which the lawes were drawn and for feare least they should go against law the people appointed them from time to time associates counsellors of whom we have formerly made mention wherefore there is nothing which exemples the King from obedience which he owes to the law which he ought to acknowledge as his Lady and Mistris esteeming nothing can become him worse then that feminine of which Iurinall speakes Sic volo Sic jubeo sic pro ratione voluntas I will I command my will shall serve instead of reason neither should they think their authority the lesse because they are confind to laws for seeing the law is a divine gift comming from above which human societies are happily governed and adddressed to their best and blesseddest end those Kings are as ridiculous and worthy of contempts which repute it a dishonour to conform them selves to law as those surveyors which think themselvs disgraced by using of a rule a compasse a chaine or other instruments which men understanding the art of surveying are accustomed to do or a Pilot which had rather sayle according to his fantasie and imagination then steere his course by his needle and Sea lard who can double but that it is a thing more profitable coÌ„venieÌ„t to obey the law then the King who is but one man the law is the soul of a good king it give him motion sence and life The King is the Organ and as it were the body by which the Law displays her forces exercises her function and expresses her conceptions now it is a thing much more reasonable to obey the soule then the body the law is the wisdom of divers sages recollected in few words but many see more cleere and further then one alone It is much better to follow the Law then any one mans opinion be he never so acute the law is reason and wisdom it self â—ee from all perturbation not subject to be moved with choller ambition hate or acceptances of personâ— Intreaties nor threates cannot make it bow nor bend on the contrary a man though inducd with reason suffers him selfe to be lead and transported with anger desire of revenge and other passions which perplex him in such sort that he looseth his understanding because being composed of reason and disordered affections he cannot so conâ—aine himself but some times his passions becomes his Master Accordingly wee see that Valentinian a good Emperour permits those of the Empire to have low wines at once because he was misled by that impure affection Because Cambises the sonne of Gyms became inamored of his own sister he would therefore have marriages betweene brother and sister be approved and held lawfull Cabades King of the Persians prohibites the punnishment of adulteries we must looke for such lawes every day if we will have the law subjects to the King To come to our purpose the law is an understanding mind or rather an obstacle of many understandings the mind being the seal of all the intelligence faculties is if I may so terme it a parcell of divinity in so much as he who obeys the law seemes to obey God and receive him for Arbitrator of the maâ—â—ets in controversie But on the contrary insomuch as man is composed of this divine understanding and of a number of unruly passions so losing himselfe in that brutishnesse as he becomes void of reason and being in that condition he is no longer a man but a beast he then which desires rather Aristo lib. de mundo lib 3 poli caâ— to obey the King then the Law seemes to preser the commandement of a heast before that of God And furthermore though Aristotle were the Tutor
of Alexander yet he confesseth that the divinity cannot so properly be compared to to any thing of this life as to the ancient Lawes of well-governed States he that prefers the Commonwealth applyes himself to Gods Ordinance but he that leans to the Kings fancies instead of Law prefers brutish sensuality before well-ordered discretion To which also the Prophers seemes to have respect who in some places describe these great Empires under the representation of ravening Beasts But to go on is not he a very Beast who had rather have for his guide a blind and mad man then he which sees both with the eyes of the body and mind a beast rather thâ—n god Whence it comes that though kings as saith Aristotle for a while at the first commanded without restraint of Laws yet presently after civilized people reduced iâ—â—â—em to a lawfull condition by biâ—ding them to keep and observe the Lawes and for this unruly absolute authority iâ— remained only amongst those which commanded over barbarons Nations He sayes afterwards that this absolute power was the next degree to plain tyrannie and he had absolutely called it tyrannie had not these beasts like Barbarians willingly subjected themselves unto it But it will be replyed that it is unworthy the majesty of Kings to have their wills bridled by Laws but I will say that nothing is more royall then to have our unruly desires ruled by good lawes It is much pitty to be restrained from that which we would doe it is much more worse to will that which we should not do but it is the worst of all to do that which the Laws forbid I hear me thinks a certain Furionius tribune of the people which opposed the passing of a Law that was made against the excesse which then reigned in Rome saying My Masters you are bridled you are idle and settered with the rude bonds of servitude your liberty is lost a Law is laid on you that commands you to be moderate to what purpose is it to say you are free since you may not live in what excesse of pleasure you like This is the very complaint of many Kings at this day and of their Mignior and Flatterers The Royall Majesty is abolished if they may not turn the kingdom topsâ—e turvie at their pleasure Kings may go shake their eaâ—es if Laws must be observed Pâ—radventure it is a miserable thing to live if a mad man may not be suffered to kill himself when he will For what else do those things which violate and abolish Lawes without which neither Empires no nor the very Societies of free-booters Cicero I. â— ossicii can at all subsist Let us then reject these deâ—estable falsinesse and impious vanities of the Court-Marmonsists which make kings gods and receive their sayings as Oracles and which is worse are so shamelesse as to perswade Kings that noâ—hing is just or equitable of it selfe but takes its true forme of justice or injustice according as it pleaseth the King to ordain as if he were some god which could neither erre nor sinne at all Certainly all that which Gods will is iust and therefore suppose it is Gods will but that must be just with the Kings will before it is his will For it is not just because the King hath appointed it but that King is just which appoints that to be held for just which is so of it self We will not then say as Anaxarchus did to Alexander much perplexed for the death of his friend Clitus whom he had killed with his own hands to wit that Themis the Goddesse of Justice fits by Kings sides as she does by Jupiters to approve and confirme whatsoever to them 〈◊〉 seem good but rather she sits as President over kingdoms to severely chastise those Kings which wrong or violate the majesty of the Laws we can no wayes approve that saying of Thrasimacus the Chaldoncan That the profit and pleasure of Princes is the rule by which all Laws are defined but rather that right must limit the profit of Princes and the Laws restrain their pleasures And instead of approving that which that vilâ—ainous woman said to Caracalla that whatsoever he desired was allowed him We will maintain that nothing is lawful but what the law permits And absolutely rejecting that detestable opinion of the same Caracalla that Princes gives Laws too hers but receive none from any we will say that in all kingdomes well established the King receives the Laws from the people the whâ—ch he ought carefully to consider and maintain and whatsoever eâ—ther by force or frâ—ud he does in prejudice of them must alwayes be repuâ—ed unjust Kings receive Lawes from the people These may be sufficiently verified by examples Before there was a King in Israel God by Moses prescribed to him both sacred and evill Deut. 17 Ordinances which he should have perpetually before his eyes but after that Saul was elected and established by the people Samuel delivered it to him written to the end he might carefully observe it neither were the succeeding Kings received before they had sworn to keepe those Ordinances The Ceremony was this that together with the setting of the crown on the Kings head they delivered into his hands the Book of the Testimony which some understand to be the right of the people of the Land others the Law of God according to which he ought to govern the people Cirus acknowledging himself conservator of his Countries Lawes obliegeth himself to opposE any man that would offer to infringe them and at his mauguration tyes himself to observe them although some flatterers tickled the eares of his Son Cambises that all things were lawfull for him The Kings of Sparta whom Aristotle calls lawfull Princes did every moneth renew their oaths promising in the hands of the Ephori Zeneph de Reb. Laced procures for the kingdome to rule according to those Lawes which they had from Lieurgus Hereupon it being asked Archidamus the Son of Zeuxidamus who were the Governours of Sparta he answered the Laws and the lawfull Magistrates and least the lawes might grow into contempt these people bragged that they received them from heaven and that they were inspired from above to the end that men might beleeve that their determinations were from God and not from man the Kings of Egypt did in nothing vary from the tennour of the lawes and confessed that their principall â—elicity consisted in the obedience thâ—y yeelded to them Romulus at the institution of the Roman kingdome made this agreement with senators the people should make lawes and he would take both for himselfe and others to see them observed and kept Antiochus the third of that name King of Asia writ unto all the Cities of his 〈◊〉 of lib 5. ca. 6. kingdome Tâ—at if the letters sent unto them in his name there were any thing found repugnant to the lawes they should beleeve they were no act of the Kings and therefore yeeld no obedience unto them
Now although some Citizens say that by decree of Senate the Emperour Augustus was declared to be exempt from obedience to Lawes yet notwithstanding Theodosius and all the other good and reasonable Emperours have professed that they were bound to the Lawes lest what had been extorted by violence might be â—cknowledged and received instead of Law And for Augustus Caesar in so much as the Roman Common wealth was en thralled by his power and violence she could â—ay nothing freely but that she had lost her freedome And because they durst not call Augustus a tyrant the senate said he was exempt from â—ll obedience to the lawes which was in effect as much as if they plainely should have said â—he Emperour was an outlâ—w The same right â—â—â—h ever beene of force in all well governed states and Kingdâ—mes of Chrâ—stâ—ndome For neither the Emperour the King of France nor the Kings of Spain England Polander Hungarie and all other lawfull Princes as the Areh Dukes of Austriae Dukes of Brabante Earles of Flanders and Holland nor other Princes are not recreated to the government of their estates before they have promised to the Electours Peeres Palaâ—ins Lords Barons and Governours that they will render to every one right according to the lawes of the Country yea so strictly that they cannot alter or innovate any thing contrary to the priviledges of the countries without the consent of the â—ownes and provinces If they do it they are no lesse guilty of rebellion against the lawes then â—he people is in their kind if they refuse obedience when they command according to law briefly lawfull princes receive the lawes from the people as well as the crown in lieu of honour and the scepter in liue of power which they are bound to keep and maintain and therein repose their chiefest glory If the Prince may make new lawes What then shall it not be lawfull for a Prince to make new lawes and abrogate the old seeing it belongs to the King not onely to advise that nothing be done neither against nor to defraud the lawes but also that nothing be wanâ—ing to them or any thing to much in them briefly that neither age nor lapse of time do abolish or entombe them iâ— there be any thing to abridge added or taken away from them â—t is his duty to assemble the estates and to demand their advise and resolution without presuming to publish any things beâ—ore the whole have beene first duâ—y examined and approved by them after the lâ—w is once ennacted and published there is no more dispute to be made above it all men owe obedience to it and the prince in the first place to teach other men their duty and for that all men are caâ—iâ—ier led by example then by precepâ—s the prince must necessarily expresse his willingnesse to observe the lawes or else by what equity can he require obedience in his subjects to that which he himselfe conâ—â—mnes For the disterence which is betwixt Kings and subjects ought not to consist in impurity but in equity and justice And thereâ—ore although Augustus was esteemed to be exempt by the dâ—cree of the Sâ—nate notwithstanding reproving of a young man that had broken the Iulian law concerning adultery he boldly replyed to Augustus that he himself had transgressed the same laws which condemnes adulâ—eries the Emperour acknowledged his fault and for grief forbore to late So convenient a â—hing it is in nature to practise by example Demoth in oratio con Timocrat that which we would teach by precipt The Lawgicer Solon was wont to compare laws to mony for they mâ—â—nâ—ain human societies as many preserves traffick neither improperly then if they Kings may not lawâ—ully or at the least heretofore could not mannace or imbase good mony without the consent of the Common wealth much more â—eiâ—e can he have power to make and Innocen 3. ad regem Fam. in ca. quado dâ—â—ure juando unmake lawes without the which noâ— Kings nor subjects can coha bite in security buâ— must beforâ—â— to live brutâ—shly in caves and deserts like wild beast wherefore also the Emperour of Germany esteeme it needful to make some law for the good of the empire first he demands the advise of the estates if it be there approved the Princes Barons Deputies of the towns signeiâ— and then the law is ratified for he solemnly swears to keep the laws already made and to introduce no new ones without a generall consent There is a Law in Poloniae which hath beene renewed in the yeere 1454. and also in the yeere 1538. and by those it is decreed that no new Lawes shall be made but by a common consent nor no where else but in the Generall Assembly of the Estates For the Kingdome of France where the Kings are thought to have greater authority then in oâ—her places anciently all Lawes were onely made in the Assembly of the Estates or in the ambulatory Parliament But since this Parliament hath been Sedentary the Kings edâ—cts are not received as authentically before the Parliament hath approved them Whereas on the contrary the decrees of this Parliament where the Law is defective have commonly the power and effect of Law In the Kingdomes of England Spain Hungary and others they yet enjoy in some sort their ancient priviledges For if the welfare of the Kingdom depends of the observation of the Laws and the Lawes are enthralled to the pleasore of one man is it not most certain that there can be no permanent stability in that government Must it not then necessarily come to passe that if the King as some have been be infected with Lunacie either continually or by intervales that the whole State fall inevitably to ruine But if thâ— Laws be superiour to the King as we have already proved and that the King be tyed in the same respect of obedience to the Lawes as the Servant is to his Master who will be so senslesse that will not rather obey the Law then the King or will not readily yeeld his best assistance against those that seek to violate or infringe them Now seeing that the King is not Lord over the Lawes let us examine how far his power may be justly extended in other things Whether the Prince have power of life and death over his Subjects The Minnions of the Court hold it for an undeniable Maxime That Princes have the same power of life and death over their Subjects as anciently Masters had over their slaves and with these false imaginations have so bewitched Princes that many although they put not in ure with much rigour this imaginary right yet they imagine that they may lawfully do it and in how much they defist from the practise thereof insomuch that they quit and relinquisite of their right and due But we affirme on the contrary that the Prince is but as the Minister and Executor of the Law and may only unsheath the Sword against those whom the Law hath
in publick Court-bare headed and on his knees plead it submitting himself prisoner untill the Judges have maturely weighed and considered the reasons that induced the King to grant him his pardon If they be found insufficient the offendor must suffer the punishment of the Law as if the King had not granted him any pardon but if his pardon be allowed he ought not so much to thank the King as the equitie of the Law which saved his life The manner of these proceedings was excellently ordained both to contain the King within the limits of equitie lest being armed with publick Authoritie he should seek to revenge his own particular spleen or out of fancie or partialitie remit the wrongs and outrages committed against the publick safetie as partly also to restrain an opinion in the Subject that any thing could be obtained of the King which might prejudice the Laws If these things have been ill observed in our times notwithstanding that which we have formerly said remains alwaies certain that it is the Laws which have power over the lives and deaths of the Inhabitants of a Kingdom and not the King which is but Administrator and Conservator of the Laws Subjects are the Kings Brethren and not his slaves For truly neither are the Subjects as it is commonly said the Kings slaves or bond men being neither prisoners taken in the wars nor bought for money but as considered in one intire body they are Lords as we have formerly proved so each of them in particular ought to be held as the Kings Brothers and kinsmen And to the end that we think not this strange let us hear what God himself saith when he prescribes a law to Kings That they lift Deuc 17. 15. 20. Barto in tract de regiâ—n civit not their heart above their brethren from amongst whom they were chosen Whereupon Bartolus a famous Lawyer who lived in an age that bred many Tyrants did yet draw this conclusion from that Law that Subjects were to be held and used in the qualitie and condition of the Kings brethren and not of his slaves Also King David was not ashamed to call his Subjects his brethren 1 Chron 28. 2 The ancient Kings were called Abimelech an Hebrew word which fignifies My father the King The Almighty and all good God of whose great gentlenesse and mercie we are daily partakers and very seldome feel his severitie although we justly deserve it yet is it alwayes mercifully mixed with compassion whereby he teacheth Princes his Lieutenants that Subjects ought rather to be held in obedience by love than by fear But lest they should except against me as if I sought to trench too much upon the Royall Authoritie I verily beleeve it is so much the greater by how much it is likely to be of longer continuance For saith one servile fear is a bad guardian for that Authoritie Cicer. l 2. offic we desire should continue for those in subjection hate them they fear and whom we hate we naturally wish their destruction on the contrary there is nothing more proper to maintain their Authority then the affection of their subjects on whose love they may safeliest and with most securitie lay the foundation of their greatnesse And therefore that Prince which governs his Subjects as brethren may confidently assure himself to live securely in the midst of dangers whereas he that useth them like slaves must needs live in much anxietie and fear and may well be resembled to the condition of that Master which remains alone in some desart in the midst of a great troop of slaves for look how many slaves any hath he must make account of so many Enemies which almost all Tyrants that have been killed by their Subjects have experimented whereas on the contrary the Subjects of good Kings are ever as solicitously carefull of their safetie as of their own welfare To this may have reference that which is read in diverse places Plato lib. 8. de repub Seneca Aliud est servire aliud obedire aliud libertas aliud licentia L. 5. D. de parricid L. 2. ad leg Corneliam de sicar vbi vlp L. 1. c. de parricid of Aristotle and was sayd by Agasicles King of Sparta That Kings command as fathers over their children and Tyrants as masters over their slaves which we must take in the same sence that the civilian Martianus doth to wit that paternall authority consists in piety and not in rigor for that which was practised amongst the men of the accorne age that fathers might sell and put to death their children at their pleasure hath no authority amongst Christians yea the very Pagans which had any humanity would not permit it to be practised on their slaves Therefore then the father hath no power over the sons life before first the Law have determined it otherwaise he offends the Law Cornelius against privie murtherers and by the Law Pompeius against Parricides the father is no lesse guilty which kills the son then the son which murthers the father for the same occasion the Emperor Adrian banished into an Island which was the usuall punishment for notorious offenders a father which had slain his son a hurting of whom he had entertained a jealous opinion for his mother in Law concerning servants or slaves we are admonished in holy writ to use them like brethren and by humane constitutions as hierlings or mercinaries By the Civill Law of the Egyptians and Romans and by the Ecclesiast 33. Cicer. lib. 3. offici Diod. Sic. lib. 2. C. 2. L. 1 D. de his qui sunt sui vel al. juris constitutions of the Antonims the Master is aswell liable to punishment which hath killed his own slave as he which killed another mans In like manner the Law delivers from the power of the Master the slave whom in his sicknesse he hath altogether neglected or hath not afforded convenient food and the infranchilde slave whose condition was somewhat better might for any aparent injurie bring his action against his Patron Now seeing there is so great difference between slaves and lawfull children betwixt Lords and fathers and notwithstanding heretofore it was not permitted amongst the heathen to use their slaves cruelly What shall we say pray you of that father of the people which cries out tragically with Aireus I will devoure my Children In what esteeme shall we hold that Prince which takes such pleasure in the massacring his Subjects condemned without being ever heard that he dispatched many thousand of them in one day yet is not glutted with blood Briefly who after the example of Caligula surnamed the Phaeton of the world wisheth that all his people had but one head that he might cut it off at one blow Shall it not be lawfull to implore the assistance of the Law against such furious madnesse and to pull from such a Tyrant the sword which he received to maintaine the Law and defend the good when it is drawn
gardens and patrimoniall lands are distinstuished from those of the publick the one serving for the provision of the Sultans table the other imploied onely about the Turquish affaires of State There be notwithstanding Kingdomes as the French and English and others in which the King hath no particular patrimony but onely the publick which he received from the people there this former distinction hath no place For the goods which belongs to the Prince as a quaere of what nature the ancient demeane is in England private person there is no question he is absolute owner of them as other particular persons are and may by the civill Law sell ingage or dispose of them at his pleasure But for the goods of the Kingdome which in some places are commonly called the demeanes the Kings may not be esteemed nor called in any sort whatsoever absolute Lords Proprietors of them For what if a man for the flocks sake have made thee Shepheard doth it follow L. cum servus 39. Sec vlt. D. de leg 1. l. universi 9. â— seq C de fundo patrim that thou hast libertie to flea pill sell and transport the Sheepe at thy pleasure Although the people have established thee Judge or Governour of a Citie or of some Province hast thou therefore power to alienate sell or play away that City or Province And seeing that in alienating or passing away a Province the people also are sold have they raised thee to that authority to the end thou shouldest seperate them from the rest or that thou shouldest prostitute and make them slaves to whom thou pleasest Furthermore I demand if the Royall dignity be a patrimony or an Office If it be an Office what Community hath it with any propriety If it be a Patrimony is it not such a one that at least the paramount propriety remaines still in the people which were the doners Briefly if the revenue of the Exchequer or the demeanes of the Kingdome be called the dowrie of the Common-wealth and by good right and such a dowrie whose dismembring or wasting brings with it the ruine of the publick State the Kingdom and the King by what Law shall it be lawfull to alienate this dowrie Let the Emperor Wencislaus be infatuated the French King Charles the sixt lunatick and give or sell the Kingdom or part of it to the English let Malcolme King of the Scots lavishly dissipate the demeanes and consume the publick treasure what followes for all this Those which choose the King to withstand the invasions of forrein enemies shall they through his madnesse negligence be made the slaves of strangers and those meanes wealth which would have secured them in the fruition of their own estates and fortunes Shall they by the election of such a King be exposed to the prey rapine of all commers and that which particular persons have saved from their own necessities and from those under their tutorship and government as it hapned in Scotland to indew the Common-wealth with it shall it be devoured by some Pandar or Broker for unclean pleasures But if as we have often said that Kings were constituted for the peoples use what shall that use be if it be perverted into abuse What good can so much mischiefe and inconvenience bring what profit can come of such eminent and irreparable dammages and dangers If I say in seeking to purchase my own liberty wellfare I ingage my selfe into an absolute thraldome and willingly subject my self to anothers Yoake and become a fettered slave to another mans unruly desires therefore as it is imprinted in all of us by nature so also hath it by a long custome been approved by all Nations that it is not lawfull for the King by the counsel of his own fancie and pleasure to diminish or waste the publick revenue and those which have run a contrarâ—e course have even lost that happy name of a King and stood bâ—â—â—â—ded with the infamous title of a Tyrant I confesse that when Kings were instâ—uted there was of nâ—cessity means to be assigned for them as well to maintain their Royall dignity as to furnish the expence of their teaine and Officers Civility and the wellfare of the publick State seeme to require it for it was the duty of a King to establish Judges in all places who should receive no presents nor sell Justice and also to have power readie to assist the execution of their Ordinances and to secure the waies from dangers that commerce might be open and free c. If there were likelihood of warrs to fortifie and put Garrisons into the frontier places and to hold an Armie in the field and to keep his Magazins well stored with munition It is commonly said that peace cannot be well maintained without provision for wars nor warrs managed without men nor men kept in discipline without pay nor mony gotten without Subsidies and Tributes To discharge therfore the burden of the State in time of Peace was the demeane appointed and in time of warrs the tributes and imposts yet so as if any extraordinary necessity required it mony might be raised by Subsidies or other fitting meanes The finall intendment of all was ever the publick utility in so much as he which converts any of these publick Revenues to his own private purposes much more he which mispends them in anyunworthy or loose occasions no way merits the name of a King for the Prince saith the Apostle is the minister of God for the good of the people and for that cause is Tribute paid unto them Rom. 13. This is the true originall cause of the customes and imposts of the Romans that those rich merchandises which were brought The same reason is recorded for all our imposts in England with which a Navy was wont to be maintained at Sea from the Indies Arabia Ethiopia might be secured in their passage by land from theeves and robbers in their transportation by Sea from Pirats insomuch as for their security the Common-wealth maintained a Navy at Sea In this rank we must put the Custome which was payd in the red Sea and other Imposts of gates bridges and passages for the securing of the great road waies therfore called the Pretorian consular and the Kings high-waies from the spoile of theeves and free-booters The care also of the reparation of bridges was referred to Commissaries deputed by the King as appeares Archi in Caâ— fi qois Romi pâ—â—â—s pereg 24. q 3. Bâ—lam câ—â— Sect. conventicula de pace iure iurfir l. 2. D. ne quid in loto publ viarum by the Ordinance of Lewis the Courteous concerning the 12. bridges over the River of Seyne commanding also boats to be in a readinesse to ferrie over passingers c. For the tax laid upon Salt there was none in use in those times the most of the Salt pits being injoyed by private persons because it seemed that that which nature out of her
recover or conquer any thing with the Arms means of the publick it shall be gained to the Empire and not to himself Wherfore when Charles the 4th promised each of the Electors an hundred thousand Crowns to choose his Son Wencislaus Emperor and having not ready money to deliver them he morgaged Customs Taxes Tributes and certain Towns unto them L. 1. passim c. de con re alien naucler in Chron. which were the proper appurtenances of the Empire whereon followed much and vehement contestation most men holding this ingagement void And questionlesse it had been so declared but for the profit that those reaped thereby which ought principally to have maintained and held intire the rights and dignities of the Empire And it followed also that Wencislaus was justly held uncapable of the government of the Empire chiefly because he suffered the rights of the Empire over the Duchy of Millen to bewrested from him There is a Law very ancient in the Kingdom of Polonia which prohibits the alienating of any of the Kingdoms Lands the which also C intellecto de jure jurando in Decretal Polidor Virgil. In cod His part 5. 1. 5. constis 9. was renewed by King Lewis in the yeer 1375. In Hungary in anno 1221. there was a complaint made to Pope Honorius that King Andrew had ingaged the Crown Lands contrary to his oath In England was the same by the Law of King Edw in the yeer 1298. Likewise in Spaine by the Ordinance made under Alphonsus and renewed in the yeer 1560. in the Assemblie of the Estates at Toledo These Laws were then ratified although long time before Custome had obtained the vigor and effect of Law Now for the Kingdom of France whereto I longer confine my self because she may in a sort passe as a pattern to the rest this right hath ever remained there inviolable It is one of the most ancient Laws of the Kingdom and a right born with the Kingdom it self that the Demain may not be alienated the which Law in anno 1566. although but ill observed was renewed There is onely 2. cases excepted the portions or Apennages of the children and brothers of the King yet with this reservation that the right of Vassallage remains Papon Arestor l. 5. â—â— 10. Act. 4. alwayes to the Crown in like manner if the condition of War require necessarily an alienation yet it must be ever with power of redemption Anciently neither the one nor the other were of validitie but by the commandment of the States at this day since the Parliament hath been made sedentarie the Parliament of Paris which is the Sect 5. 11. 16. legis regiae 1566. Court of the Peers and the Chamber of Accounts and of the Treasurie must first approve it as the Edicts of Charles the sixt and ninth do testifie This is a thing so certain that if the ancient Kings themselves would endow a Church although that was a work much favoured in those dayes they were notwithstanding bound to have an allowance of the Estates witnes King Childebert who might not endow the Abbey of St. Vincent at Paris before he had the French and Newstrafians consent Clovis the 2d and other Kings have observed the same They Aimonius l. 4. cha 41 c. might neither remit the regalities by granting infranchisements nor the nomination of Prelates to any Church And if any of them have done it as Lewis 11. Philip 4. and Philip surnamed Augustus did in favour of the Churches of Senis Auxera and Nevers the Parliament hath L. peto 69 Sect praedium D. de leg 2. An. 1329. 1360. 1374. 1401. 1583. declared it void When the King is anointed at Reims he swears to observe this Law and if he infringe it that Act hath as much validitie with it as if he contracted to sell the Empires of the great Turk or Sophie of Peâ—sia From this spring the Constitutions or Ordinances of Philip 6. of John 2d of Charles 5th 6th and 8th by which they revoke all alienations made by their Predecessors In the Assemblie of the Estates at Tours where King Charles the 8th Anno 1483. 1522. 1531. 1549 1560. by divers Decrees of the Court of Parliament was in person divers alienations made by Lewis 11. were repealed and annihilated and there was taken away from the Heirs of Tancred of Chastel his great Minnion divers places which he had given him by his proper Authoritie This was finally ratified in the last Assemblie of the Estates held at Orleans Thus much concerning the Kingdoms Demean But to the end that we may yet more clearly perceive that the Kingdom is preferred before the King and that he cannot by his own proper Authority diminish the Majestie he hath received from the people nor infranchise or release from his Dominion any one of his Subjects nor quit or relinquish the Soveraigntie of â—he least part of his Kingdom Charlemayn in former times endeavoured to subject the Kingdom Paulus Aemilius lib 3. of France to the German Empire the which the French did couragiously oppose by the mouth of a Prince of Glasconnie and it Charlemayn had proceeded in that businesse it had come to the triall of the Sword In like manner when any portion of the Kingdom was granted Anno 1195. 1â—60 1269. 2297. 1303. 1325. 1330. Anno 1360. to the English the soveraigntie was almost alwayes reserved And if sometimes they obtain'd it by force as at the Treatie of Bretignie by the which king John quitted the Soveraignty of Glasconnie and Poyton that agreement was not kept neither was he more bound to do it then a Tutor or Guardian is being prisoner as he was then which for his own deliverance should ingage the estate of his Pupils By the power Anno 1465. of the same Law the Parliament of Paris made void the Treatie of Conflâ—us by the which Duke Charles of Burgundie had drawn from the king Aâ—niens and other Towns of Picardie In our dayes the same Parliament declared void the Agreement made at Madrid between Anno 1525. Francis the 1. then prisoner and Charles the 5. concerning the Duchie Aâ—â—â— 1420. M â—uâ—â—â—let chap. 225. of Buâ—gundie But the donation made by Charles the 6. unto Hâ—n king of England of the kingdom of France after his decease is a sufficient testimony for this matter and of his madnes if there had been no other proof But to leave off producing any further testimonies examples or reasons by what right can the King give or sell away the kingdom or any part of it seeing it consisteth of people and not of earth or L. liber homo 10â— D. de ver oblâ— liemâ—tâ— 34 â—â—ct â— D. de coâ—te â—mp lâ—â—eâ—â—â—lt C de opâ—r libert walls and of Free men there can be made no sale nor traffick yea and the Patrons themselves cannot compell the infranchisde servants to make their habitations in other places then themselves
little advantage alledged that act of Solomons whom we read to have delivered 1 Kings 9. 11. twenty Towns to Hiram King of Tire for he did not give them to him but for the securing of the Talents of gold which Hiram 2 Chron. 8. 2. had lent him and they were redeem'd at the end of the terme as it appeares by the Text. Further the soile was barren and husbanded by the remaining Canaanites But Solomon having redeemed it out of the hands of Hiram delivered it to the Israelites to be inhabited and tilled Neither serves it to much more purpose to alleadg that in some Kingdomes there is no expresse agreement between the King and the people for suppose there be no mention made yet the law of nature teacheth us that Kings were not ordained to ruine but to govern the Common-wealths and that they L. 2. §. jus reipub D. de administral rer ad Civit. pert l. 〈◊〉 27. D. de admut tut may not by their proper authority alter or change the rights of the publique State and although they be Lords yet can they challenge it in no other quality then as Guardians do in the tuition of their pupills neither can wee account him a lawfull Lord which deprives the Common-wealth of her liberty and sels her as a slave Briefly neither can we also alleadg that some Kingdomes are the L. si fundum sect si tut D. depositi et exprâ—ssuis Extravag de rejudicata c. intellecto proper acquists of the King himselfe insomuch as they were not conquered by their proper meanes and swords but by the hands and with the wealth of the publique and there is nothing more agreeable to reason then that which was gained with the joynt faculties and common danger of the publique should not be alien'd dispos'd of without the consent of the States which represent the Common-wealth and the necessity of this law is such that it is of force amongst robbers and free-booters themselves He which follows a contrary course must needs ruine humane society And although the French conquered by force of armes the Countreyes of Germany and Gaule yet this before mentioned right remaines still L. 2. et passiâ— C. de interd Com. rer alieâ—â—t intire To conclude we must needs resolve that Kings are neither proprietors nor usu-fructuaries of the royall patrimony but only administrators and being so they can by no just right attribute to themselves the propriety use or profit of private mens estates nor with as little reason the publique revennues which are in truth only the Common-wealths But before we passe any further we must here resolve a doubt The people of Israel having demanded a King the Lords said to Samuel hearken unto the voice of the people notwithstanding 1 Sam. 8. 7. c. give them to understand what shall be the manner of the King which shall reigne over them he will take your fields your vineyards your olive-trees to furnish his owne occasions and to enrich his servants briefly he will make the people slaves One would hardly believe in what estimation the Courtiers of our times hold this Text when of all the rest of the holy Scripture they make but a jest In this place the Almighty and all good God would manifest to the Israelites their Levite when that they had God himselfe even present with them who upon all occasions appointed them holy Judges and worthy Commanders for the Wars would notwithstanding rather subject themselves to the disordered commandements of a vaine mutable man than to the secure protection of the omnipotent and immutable God Hee declares then unto them in what a slippery estate the King was placed and how easily unruly authority fell into disordered violence and Kingly power was turned into tyrannous wilfulnesse Seeing the King that he gave them would by preposterous violence draw the sword of authority against them and subject the equity of the lawes to his owne unjust desires and this mischief which they wilfully drew on themselves they would happily repent of when it would not be so easily remedied Briefly this Text doth not describe the right of Kings but what right they are accustomed to attribute to themselves not what by the priviledge of their places they may justly doe but what power for the satisfying of their owne lusts they unjustly usurp This will manifestly appeare from the 17. Chapter of Deuteronomy where God appoints a law for Kings Here saies Samuel the King will use his Subjects like slaves there God forbids the King to lift his heart above his brethren to wit over his Subjects whom he ought not to insult over but to cherish as his kinsmen Hee will make Chariots leavy horse-men and take the goods of private men saies Samuel on the contrary in Deutronomy he is exhorted not to multiply horse-men nor to heape up Deut. 17. gold and silver nor cause the people to returne into Aegypt to wit into bondage In Samuel we see pictured to the life wicked Ahab which 1 Kings 21. by pernitious meanes gets Naboths Vineyard there David who held it not lawfull to drinke that water which was purchased with 2 Sam. 23. 16. the danger of his Subjects lives Samuel fortels that the King demanded by the Israelites in stead of keeping the lawes would governe all according to his own fancie on the contrary God commands that his Law should by the Priests be delivered into the hands of the King to copie it out and to have it continually before his eyes Therefore Samuel being high Priest gave to Saul the royall law contained in the 17. of Deutronomy written into a book which certainly had been a frivolous act if the King were permitted to break it at his pleasure Briefly it is as much as if Samuel had said You have asked a King after the manner of other Nations the most of whom have Tyrants for their Governours You desire a King to distribute justice equally amongst you but many of them think all things lawfull which their owne appetites suggests unto them in the meane season you willingly shake off the Lord whose only will is equity and justice in the abstract In Heroditus there is a history which plainly expresses bow apt the royall governement is to degenerate into tyranny whereof Samuel so Herod l. 2. exactly forewarns the people Deioces much renowned for his justice was first chosen Judge amongst the Medes presently after to the end hee might the better represse those which would oppose justice he was chosen King and invested with convenient authority then he desired a guard after a Citadell to be built in Eebatana the principall Citie of the Kingdome with colour to secure him from conspiracies and machinations of Rebels which being effected he presently applies himselfe to revenge the least displeasures which were offered him with the greatest punishments Finally no man might presume to looke this King in the face and to laugh or cough in his
who notwithstanding vaunts himselfe to be the King of Kings and as much in dignitie above the Emperour as the Sunne is above the Moone assuming to himselfe power to depose Kings and Emperours when he pleaseth Who will make any doubt oâ— question that the generall Assembly of the Estates of any kingdome who are the representative body thereof may not onely degrade and disthronize a tyrant but also even disauthorize and depose a King whose weaknesse or folly is hurtfull or pernicious to the State But let us suppose that in this our Ship of State the Pilot is Simile drunke the most of his associates are asleepe or after large and unreasonable tipling together they regard their imminent danger in approaching a rocke with idle and negligent jollitie the Ship in the meane season in stead of following her right course that might serve for the best advantage of the owners profit is ready rather to split her selfe What should then a Masters-mate or some other under-Officer doe who is vigilant and carefull to performe his dutie Shall it be thought sufficient for him to pinch or poule them which are asleepe without daring in the meane time to put his helping hand to preserve the Vessell which runnes on a course to destruction least he should be thought to intermeddle with that which he hath no authoritie nor warrant to doe What mad discretion nay rather notorious impietie were this Seeing then that Tyranny as Plato saith is a drunken frenfie or frantick drunkennesse Plato lib. 8. 9. de repub if the Prince endeavour to ruine the Common-wealth and the principall Officers concurre with him in his bad purposes or at the least are luld in a dull and drowsie dreame of securitie and the people being indeed the true and absolute owner and Lord of the State be through the pernicious negligence and fraudulent connivency of those Officers brought to the very brim of danger and destruction and that there be notwithstanding amongst those unworthy Ministers of State some one that doth studiously observe the deceitfull and dangerous encroachments of tyranny and from his soule deteste it What opposition doe wee suppose best befits such a one to make against it Shall he consent himselfe to admonish his associates of their dutie who to their utmost abilitie endeavour the contrary Besides that such an advertisement is commonly accompanied with too much danger and the condition of the times considered the very solliciting of reformation will be held as a capitall crime so that in so doing he may be not unfitly Simile resembled to one that being in the middest of a desert environed with theeves should neglect all meanes of defence and after he had cast away his Armes in an eloquent and learned discourse commend justice and extoll the worth and dignitie of the Lawes This would be truly according to the Proverbe To run mad with reason What then Shall he be dull and deafe to the groanes and cries of the people Shall he stand still and be silent when he sees the theeves enter Shall he onely hold his hands in his bosome L. 3. l. Omne delictum â—â—ult D. de re milit and with a dâ—mure countenance idlely bowaile the miserable condition of the times If the Lawes worthily condemne a Souldier which for feare of the enemies counterfeits sicknesse because in so doing he expresseth both disloyaltie and treachery What punishment can we invent sufficient for him who either maliciously or basely betrayes those whose protection and defence he hath absolutely undertaken and sworne Nay rather then let such a one cheerefully call one and command the Mariners to the performance of their dutie let him carefully and constantly take order that the Common-wealth be not indamaged and if need so require even in despite of the King preserve the Kingdome without which the kingly title were idle and frivolous and if by no other meanes it can be effected let him take the King and binde him hand and foote that so he may be more conveniently cured of his frensie and madnesse For as wee have already said all the administration of the Kingdome is not by the people absolutely resigned into the hands of the King as neither the Bishopricke nor care of the universall C. Nullus in Carthagin Council Doctores pontificii Church is totally committed to the Pope but also to the care and custody of all the principall Officers of the Kingdome Now for the preserving of peace and concord amongst those which governe and for the preventing of jealousâ—â—s factions and distrusts amongst men of equall ranke and dignitie the King was created as prime and principall Superintendent in the government of the Common-wealth The King sweares that his most speciall care shall be for the welfare of the Kingdome and the Officers of the Crowne take all the same oath If then the King or divers of them falsifying their faith ruine the Common-wealth or abandon her in her greatest necessitie must the rest also fashion themselves to their base courses and quit all care of the States safetie as if the bad example of their companions absolved them from their oath of fidelitie Nay rather on the contrary in seeing them neglect their promise they shall best advantage the Common-wealth In carefully observing theirs chiefly because for this reason they were instituted as in the steads of Ephori or publick Controllers and for that every thing gaines the better estimation of just and right in that it is mainly and principally addressed to that end for which is was first ordained Furthermore if divers have joyntly vowed one and the same thing is the obligation of the one annihilated by the perjurie of the other If many become bound for one and the same summe can the banquerouting of one of the obligees quit the rest of their ingagement If divers tutors administer ill the goods of their pupill and that there be one amongst them that makes conscience of his actions can the bad dealing of his companions acquit him Nay rather on the contrary he cannot free himselfe from the infamie of perjurie if to the utmost of his power he doe not truely dilcharge his trust and perform his promise neither can the others defalliancy be excused in the bad managing of the tutorship if they likewise accuse not the rest that were joyned with them in the administration for it is not onely the principall tutor that may call to an account those which are suspected to have unjustly L 3. D. de administ peric tutor cur lib. 3. D. de suspect tus cura or indiscreetly ordered the affaires of their pupill but even those which were formerly removed may also upon just occasion discharge and remove the delinquents therein Therefore those which are obliged to serve a whole Empire or Kingdome as the Constable Marshals Peeres and others or those which have particular obligations to some Provinces or Cities which make a part or
portion of the Kingdome as Dukes Marquisses Earles Sheriffes Mayors and the rest are bound by the dutie of their place to succour the Common-wealth and to free it from the burden of Tyrants according to the ranke and place which they hold of the people next after the King The first ought to deliver the whole Kingdome from tyrannous oppression the other as tutors that part of the Kingdome whose protection they have undertaken the dutie of the former is to suppresse the Tyrant that of the latter to drive him from their confines Wherefore Mattathias being a principall man in the State when some basely connived others pernitiously consorted with Antiochus the tyrannous oppressors of the Jewish Kingdome he couragiously opposing the manifest oppression both of Church and State incourageth 1 Machab. 3. 43. the people to the taking of Armes with these words Let us restore the decayed estate of our people and let us fight for our people and for the Sanctuarie Whereby it plainly appeares that not for Religion onely but even for our Countrey and our possessions wee may fight and take armes against a tyrant as this Antiochus was For the Machabites are not by any questioned or reprehended for conquering the Kingdome and expelling the tyrant but in that they attributed to themselves the royall dignitie which onely belonged by Gods speciall appointment to the tribe of Juda. Humane Histories are frequently stored with examples of this Justin lib. 1. Diodor. lib. 2. cap. 37. kinde Arbactus Governour of the Medes killed effeminate Sardanapalus spinning amongst women and sportingly distributing all the treasures of the Kingdome amongst those his loose companions Vindex and Galba quit the partie of Nero yea though the Senate connived and in a sort supported his tyrannie and drew with them Gallia and Spaine being the Provinces whereof they were Governours But amongst all the Decree of the Senate of Sparta is most notable and ought to passe as an undeniable Maxime amongst all Nations The Spartans being Lords of the City Bizantium sent Olearchus thither for Governour and Commander for the warres who took Corn from the Citizens and distributed it to his Souldiers In the mean time the families of the Citizens died for hunger Anaxilaus a principall man of the Citie disdaining that tyrannous usage entred into treaty with Alcibiades to deliver up the Town who shortly after was received into it Anaxilaus being accused at Sparta for the delivery of Bizantium pleaded his cause himselfe and was there acquit by the Judges for said they warres are to be made with enemies and not with Nature Nothing being more repugnant to Nature than that those which are bound to defend a City should be more cruell to the inhabitants than their enemies that besiege them This was the opinion of the Lacedemonians certainly just Rulers Neither can he be accounted a just King which approves not this sentence of absolution for those which desire to govern according to the due proportion of equity and reason take into consideration as well what the Law inflicts on tyrants as also what are the proper rights and bounds both of the Patritian and Plebeian orders But we must yet proceed a little further There is not so mean a Mariner but must be ready to prevent the ship-wrack of the vessell when either the negligence or wilsulnesse of the Pilot casts it into danger Every Magistrate is bound to relieve and as much as in him lies to redresse the miseries of the Common-wealth if he shall see the Prince or the principall Officers of State his associates by their weaknesse or wickednesse to hazard the ruine thereof Briefly he must either free the whole kingdome or at least that portion especially recommended to his care from their imminent and incroaching tyranny But hath this duty proper relation to every one Shall it be permitted to Hendonius Sabinus to Ennus Suranus or to the Fencer Spartanus or to be briefe to a meere private person to present the bonnet to slaves put Armes into the hand of subjects or to joyn battell with the prince although he oppresse the people with tyranny No certainly The Common wealth was not given in charge to particular persons considered one by one but on the contrary particulars even as Papists are recommended to the care of the principall Officers and Magistrates and therefore they are not bound to defend the Common-wealth which cannot defend themselves God nor the people have not put the sword into the L. 2. de Sediâ—â—â—sis hands of particular persons Therefore if without commandment they draw the sword they are seditions although the cause seem never so just Furthermore the prince is not establisht by private and particular persons but by all in generall considered in one intire body whereupon it followes that they are bound to attend the commandment of all to wit of those which are the representative body of a kingdom or of a Province or of a Citie or at the least of some one of them before they undertake any thing against the prince For as a pupill cannot bring an action but being avowd L. 8. l. 9. D. de aucto constict cur in the name of his Tutor although the pupill be indeed the true proprietor of the estate and the tutor onely owner with reference to the charge committed unto him so likewise the people may not enterprise actions of such nature but by the command of those into whose hands they have refigned their power and authority whether they be ordinary Magistrates or extraordinary created in the Assembly of the Estates whom if I may so say for that purpose they have girded with their sword and invested with authority both to govern and defend them establisht in the same kind as the Pretor at Rome who determined Sencea lib. 1. de Benefic all differences between masters and their servants to the end that if any controversie happened between the King and the subjects they should be Judges and preservers of the right lest the subjects should assume power to themselves to be judges in their own causes And therefore if they were opprest with tributes and unreasonable imposts if any thing were attempted contrary to covenant and oath and no Magistrate opposed those unjust proceedings they must rest quiet and suppose that many times the best Physitians both to prevent and cure some grievous disease do appoint both letting blood evacuation of humors lancing of the flesh and that the affaires of this world are of that nature that with much difficulty one evill cannot be remedied without the adventuring if not the suffering of another nor any good be atchieved without great pains They have the example of the people of Israel who during the reigne of Solomon refused not to pay those excessive taxes imposed on them both for the building of the Temple and fortifying of the Kingdome because by a generall consent they were granted for the promulgation of the glory of God and
by his humble and ardent prayers to God to desire the restoring of the Church So likewise are the Magistrates tied diligently to procure the same with the utmost of their power and meanes which God hath put into their hands For the Church of Ephesus is no other than that of Colossus but these two are portions of the universall Church which is the kingdome of Christ the encrease and prosperity whereof ought to be the continuall subject of all private mens prayers and desires but it is the duty of all Kings Princes and Magistrates not only to amplifie and extend the limits and bounds of the Church in all places but only to preserve and defend it against all men whatsoever Wherefore there was but one Temple in Judea built by Solomon which represented the unitie of the Church And therefore ridiculous and worthy of punishment were that Church-warden which had care onely of some small part of the Church and suffered all the rest to be spoiled with raine and weather In like manner all Christian Kings when they receive the sword on the day of their Coronation solemnly sweare to maintaine the Catholick or universall Church and the ceremony then used doth fully expresse it for holding the sword in their hands they turne to the East West North and South and brandish it to the end that it may be knowne that no part of the world is excepted As by this ceremony they assume the protection of the Church it must be questionlesse understood of the true Church and not of the false therefore ought they to imploy the utmost of their abilitie to reforme and wholly to restore that which they hold to be the pure and truely Christian Church to wit ordered and governed according to the direction of the Word of God That this was the practise of godly Princes we have their examples to instruct us In the time of Ezechias King of Juda the Kingdome of Israel had been a long time 2 Chron 30. before in subjection to the Assyrians to wit ever since the King Osea his time And therefore if the Church of Juda onely and not the whole universall Church had been committed to the custodie of Exechias and if in the preservation of the Church the same course were to be held as in the dividing of lands and imposing of tributes then questionlesse Ezechias would have contained himselfe within his own limits especially then when the exorbitant power of the Assyrians lorded it every where Now wee reade that he sent expresse Messengers throughout Israel to wit to the subjects of the King of Assyria to invite them to come to Jerusalem to celebrate the paschall feast yea and he ayded the faithfull Israelites of the tribes of Ephraim and Manasses and others the subjects of the Assyrians to ruine the high places which were in their quarters Wee reade also that the good King Josias expeld Idolatry noâ— 2 Kings 22. 2 Chron. 34. 35. onely out of his own Kingdome but also even out of the Kingdome of Israel which was then wholly in subjection to the King of Assyria And no marvell for where the glory of God and the kingdome of Christ are in question there no bounds or limits can confine the zeale and fervent affection of pious and godly Princes Though the opposition be great and the power of the opposâ—rs greater yet the more they feare God the lesse they will feare men These generous examples of divers godly Princes have since been imitated by sundry Christian Kings by whose meanes the Church which was heretofore restrained within the narrow limits of Palestine hath been since dilated throughout the universall world Constantine and Licinius governed the Empire together the one in the Orient the other in the Occident they were associates of equall power and authoritie And amongst equalls as the Proverb is there is no Par in parem non babet imperium command Notwithstanding because Licinius doth every where banish torment and put to death the Christians and amongst them divers of the nobilitie and that for and under pretence of Religion Constantine makes warre against him and by force compels him to give free libertie of Religion to the Christians and because he broke his faith and relapsed into his former cruelties he caused him to be apprehended and put to death in the Citie of Thessalonica This Emperours pietie was with so great an applause celebrated by the Divines of those times that they suppose that saying in the Prophet Isaiah to be meant by him That Kings shall be Pastors and nursing Fathers of the Church After his death the Roman Empire was divided equally between his sonnes without advantaging the one more than the other Constans favoured the orthodox Christians Constantius being the elder learned to the Arrians and for that cause banished the learned Athanasius from Alexandria the greatest professed adversary of the Arrians Certianly if any consideration in matter of confines be absolutely requisite it must needs be amongst brethren And notwithstanding Constant threatens to warre on his brother if he restore not Athanasius and had without doubt performed it if the other had long deserred the accomplishment of his desire And if he proceeded so farre for the restitution of one Bishop had it not been much more likely and reasonable for him to have assisted a good part of the people if they implored his ayde against the tyranny of those that refused them the exercise of their Religion under the authoritie of their Magistrates and Governours So at the perswasion of Atticus the Sozo lib. 7. cap. 18. Bishop Theodisius made warre on Cosroes King of Persia to deliver the Christians of his Kingdome from persecution although they were but particular and private persons Which certainly those most just Princes who instituted so many worthy Lawes and had so great and speciall care of justice would not have done if by that fact they had supposed any thing were usurpt on another mans right oâ—â—he Law of Nations violated But to what end were so many expeditions undertaken by Christian Princes into the holy Land against the Saracens Wherefore were demanded and raised so many of those Saladine tenths To what purpose were so many confederacies made and croysadoes proclaimed against the Turkes if it were not lawfull for Christian Princes yea those furthest remote to deliver the Church of God from the oppression of tyrants and to free captive Christians from under the yoke of bondage What were the motives that led them to those warres What were the reasons that urged them to undergoe those dangers But onely in regard of the Churches union Christ summond every man from all parts with a unanimous consent to undertake the defence thereof For all men are bound to repulse common dangers with a joynt and common opposition all which have a naturall consent and relation with this wee now treat of If this were lawfull for them against Mahomet and not onely lawfull but