thence that it was not lawsull for him so to doe who knows not that Holy men fearing God do oftentimes forbear doing some things which otherwise might be permitted to any one whatsoever You know it is sometimes a great sign of generosity towards an Enemy not to take advantage of him but Saul was not affected with the same reverence and respect to David's Unction for he persecuted him with such inveterate malice because he knew that the Son of Jesse was anointed for King of Israel taking no notice at all of Saul's other Sons Again Absolom did not look upon his Father's Unction as sacred who endeavoured might and main to wrest the Scâ—pter out of his hand Nor did Hushai that wise and prudent Counsellor to Absolom go about to deter him from his enterprize by magnifying to him David's Unction but by magnifying his and his Mens valour and resoluteness which he pretended was not adviseable to be engaged without a pretty considerable stout Party But some may reply that David durst not venture to lay violent hands upon the Lord 's Anointed how bitter an Enemy soever and raging against him with a bloud thirsty mind nor can this seem strange to any one that shall observe the signal and distinguishing dispensation of God's Providence in this History for without God's permission Saul had not entered into the Cave wherein David whom he sorely persecuted together with the forty Men of his Life-Guard lay hid and it was because God would have it so that David saw Saul and that Saul was seen by him that Saul should not hear the least noise or whispering of those four hundred and forty Men some of whom communed with David Last of all it was not without the special providence of God that the Son of Jesse should cut off the Skirt of the Son of Kis's Robe and he never perceive it Doth not the Holy Scripture make mention that God caused a dead sleep to seize Saul and his Guard when David accompanied with Abishai slipt unawares into Saul's Tent. It is more than probable that all these things were disposed and foreordained of God to give the Children of Israel to understand the constant goodness and the meekness of the man so dear to him and as the Scriptures declare one after his own heart and who by his valour and magnanimity was to be an illustrious Tipe of the Messiah from whose Loins the very Messiah himself commonly stiled the Son of David was to spring if a man can indeed suppose any thing of Man in that sweet and gracious deportment of David towards Saul Was it not David's prudence who being the Anointed of the Lord as well as Saul to secure his own life from the conspiracies of the People by sparing the life of Saul as the Lord 's Anointed Looking over the History of the first King of the Israelites I find a notable Circumstance which might have stopt the mouth of the pleaders for Absolute Power if they had bâ—t made the least Reflection upon it The business was thus The Philistians having been put to the rout and totally defeated by Jonathan Saul desirous of pursuing and gaining an entire victory over these uncircumcised Philistians gave a strict charge to all his Soldiers not to touch any Victuals until the Evening Jonathan being hot upon the pursuit was not present when the Prohibition was made and consequently ignorant of the same now finding himself very much harassed and half famish'd at his return into the Camp having light upon some Honey by chance dipt the end of the Rod that was in his hand in it and did but taste of it Now Saul consulting with the Lord whether he should continue the pursuit of the Enemy the Lord gave him no answer whereupon the King having a mind to know the reason of God's silence cast the Lot which fell upon Jonathan who presently confessed the Fact the King his Father swore he should suffer for it and Jonathan began to submit to this cruel unnatural Sentence and prepared himself for death When the people to whom Jonathan had much endeared himself by his eminent Qualifications and who had so well deserved of the Nation by his fresh Victory over these Philistians did oppose his intent and withall swore that an Hair of his Head should not fall to the â—â—ound since that if there were any fault it was committed meerly ouâ— of ignorance behold how the will of the People does clash with the Kings and how the Peoples will prevailed oâ—eâ— his and reason good it should nay and all this passed in a peacâ—full manner without the least Sedition on the Peoples part and without the least muttering or complaint of the King that there was any Violence offered him or any atempt or incroaâ—hment upon his Authority Neither does the Power of Ahab appear very much absolute no more than that of the former King forasmuch as he could not possess himself of Naboth's Vineyard but by the fraud of cursed Jezabel such as was scarce ever thought of by the basest of men or by the worst of women Of Jezabel I say who first suggested it nor could he devise any other means to seize of this piece of Land but in raising up and suborning False-Witnesses against this gracious Man and in causing him to be put to death as a Blasphemer The Trâ—nsactions of the Kings of Judah and of Israel do confirm this verity where you may see that they drew by their example their Subjects into Idolatry and all kind of wickedness according as they were bygotted and given to it themselves and did â—eclaim them and hindred them from falling foul upon these Rocks according as they kept themselves aloof from them What was David's sense of his own proper Dignity Royal is in the next place to be enquired into Scripture informs us that he was anointed by Samuel as Successor to Saul howbeit Saul being gathered to his Fathers Abner Captain of the Guard to Saul placed Ishbosheth youngest Son of the deceased upon the Throne of Israel What does David hereupon Why he wageth war with Ishbosheth under the notion of Competitor not as an Usurper for he never impeached Abner of High-Treason for taking the Usurper's part yea he even solemnized his Obsâ—quies condoles his being put to death by Joab because he slew Azael Joab's Brother with Tears and Praises Nor did David look upon Ishhosheth as guilty of Usurpation but pronounced him clear and blameless yea and revenged his Death too tho none of the King 's Anointed by taking off the Murtherers From all which I cannot choose but wonder how ever it could enter into the thoughts of those who stand for Tyranny to seek refuge for their case in the History of Saul and David But the chief Master-Piece of Fawning-Courtiers on which they lay the greatest stress seems to be this that the Israelites never ejected or ever called any of their Kings to an account in a Court of Judicature
although the greatest part of them were very dissolute wicked and idolatrous but what is lawfull is not according to St. Paul's sense always expedient It is the part of a wise man when he designs to set about any business of concern to have a special regard to time and circumstances least contriving unwarily and not timeing it aright he lose himself and fall short of his expectation The Israelites were but rightly served if they underwent greater punishments then others who had set over themselves a King as it were against the will and even in despite of God They were even fain to smother and dissemble with their grief for very shame who had made a Rod for their own back 'T is also well known that the Law hath not its force in time of war nor can that people defend their Laws when surrounded on all sides with potent Enemies Moreover it is not in every respect true that Kings were never any where by the People of Israel thrust from the Throne for the revolt of the Ten Tribes from Rehoboham and their election of Jeroboham is plain down right abdication and deposing Besides we read how Athaliah Mother to Ahaziah invaded the Royal Chair after her Sons death possessing it and enjoying it for the space of six years and was in the end delivered up to be put to death by the Councel of Jehodada the High-Priest We read that Amaziah perished by the conspiracy of the Citizens of Jerusalem that those who had a hand in the murther did not suffer for the same as was the custom amongst the Jews for they usually punished their Servants or Ministers of State who imbrewed their hands in the King's Bloud which happened to not a few of them I must needs confess that they did not deal justly and according to the due course of Law but the Assassinates escaping scotfree proclaims aloud that such proceedings in taking away Amaziah was allowed of and acceptable to the People Again we learn from Holy Scripture that the management of the Common-wealâ—h was taken from Vziah by reason of his Leprosie and delivered to his Son Jothan Why should we mention those incomparable Heroes the Macchabes who carried on a War with prosperous event and greater glory against Antioâ—hus otherwise their Liege Lord and Sovereign And why because they opprest the Jewish Nation with unreasonable cruelty compelling them to the worship of Idols by severe Edicts and Pknalties What did not the Jews frequently make insurrections against the Romans under whose jurisdiction they were What was it moved the Romans to destroy the whole Jewish Nation to sack and race the City of Jerusalem but the high spirit of the Jews not brooking the Roman Yoke Salmasius indeed confesseth thus much That as soon as ever the Jews became subject to the Romans Government they did ever and anon rebel saith he as it were against their implacable Enemies and subverters of their Laws and Religion Nor do I ever perceive that the Jews mourned for the massacre of their Kings but rather bore it with a kind of indifferency and unconcernedness They did not rent their Garments nor put on Sackcloath nor throw Ashes upon their heads according as received Custom when any mournful Accident surprised them nay seldom or never performed any Funeral Rites by waising and lamentation of the violent death of their Kings What can we think of the silence of the Rabbies of that Nation who never so much as expatiated upon the Praises of the Sovereign forsooth and almost perpetual power of their Kings but on the contrary we learn from Salmasius That Moses Mâ—imonâ—des puts this difference between the Kings of Israel and those of Judah David 's Posterity that those of David 's Family should judge and be judged but that the Kings of Israel should not have the power of judging nor could be judged themselves neither and that Sechar had quoted several Testimonies to that purpose How come such a proud haughty Nation as they were and no small admirers of their Priviledges not to be proud of their Kings being inviolable For so far were they from entertâ—ining any such conceits concerning them that in case they should have found them tardy or committed the least offence against God's Ordinances they would have cited them before the Sanhedrim to be whipt with Rods as well as the High-Priests I shall subjoin two Passages in this place which may serve instead of a definitive and decretory Sentence and Determination to all those who suffer not their minds to be prepossest and hoodwinked by prejudice The first is that the creation of Kings is more than once ascribed to the People This may be gathered from the History of Saul of David of Solomon Azariah Josiah and others Concerning Rehoboham Salmasius frankly owneth The Kingdom now in its infancy saith he when Solomon the Kingâ—s death was once published and proclaimed all Israel being assembled to appoint his son King over them they complained to him c. What answer returned he to their just Petition Why he was so far from signifying any compliance with and favourable acceptance of their Petition that he positively threatned to lay heavier burthens upon them and denounced the punishment of them with Scorpions whom his Father only chastised with rods He that was not yet a King to threaten thus what would he have done if he had once gotten the Crown on his head I and after the Jews had mightily fallen away from their pristine glory and renown yet would they not resign up or be deprived of the priviledge of creating their Leaders For the Writer of the Book of Macchabees Lib. 1. cap. 13. gives us a relation of the Election of Simon the valiant Assoon as the People heard these words their spirits revived and they answered with a loud voice thou shalt be our Leader instead of Judas and Jonathan thy brothers fight thou our battles and whatsoever thou commandest that will we do Now what man so void of reason as to imagine that all they depended upon the absolute will and pleasure of Kings who conferr'd this Dignity Royal upon Kings What do the People reserve no right to the thing that they themselves create The other also we produce from Scripture which plainly forbids the doing wrong to the People for the Scripture teacheth us that they and Kings are bound and stand obliged to one another by the mutual and interchangeable Bonds of a Covenant All the Elders of Israel came together before the King in Hebron and David made a Covenant with them before the Lord in Hebron they first treated concerning the conditions upon which the Son of 〈◊〉 should have the Scepter bestowed on him and this Treaty was between Abnâ—r and the People in the first place Abner exhorts the people and puts them upon conferring the Kingdom upon David afterward he prevaileth upon them to gratifie his desire presently he hath recourse to
THE DEFENCE OF THE Parliament of England IN THE CASE of JAMES the II. OR A TREATISE OF REGAL POWER AND OF THE Right of the PEOPLE Drawn from Ancient Councils the Determinations of Wise-men and more especially from the Ordinances of the Doctors of the Church of ROME as also from Reasons fetcht from the Law of Nature and of Nations Wherein is demonstrated that the Holy Scriptures are so far from being contrary that they do even assent thereto Written in Latin by P. Georgeson Kt. Translated by S. Rand. LONDON Printed for Timothy Goodwin at the Maiden-Head over against St. Dunstans-Church in Fleet-street MDCXCII THE PREFACE TO THE READER A Man would think the Brevity and the Nature of this small Treatise which is composed of nothing else but Testimonies Examples and Demonstration should have saved me the trouble to prefix a Preface before it which usually being nothing else but an extract of what is most useful in any Work it did seem supersluous in this place but because the Reader at the first View and before he hath read it quite over might have found some things defective in the Order and the Nature of the Proofs I have made use of I perceive my self obliged to render a Reason of both in this Preface as for the Order or Method it would without doubt have seemed more natural to begin these Proofs at the Holy Scripture and to have continued them by Reasons fetched from the Law of Nature and of Nations and at last to have concluded with the Testimonies of the learned in all Ages of Christianity I have taken a Course quite contrary and the Reason of it is that the Holy Scriptures having determined nothing positively nor precisely touching this matter but hath left the Law of Nature and that of Nations in full force and vertue without meddling with or infringing them which I intend to make appear in refuâ—ing the Reasons which those of a contrary Opinion endeavour to draw from them under pretence that they every where teach humility and patience Now every one knows that the refuting of an Adversaries Proofs ought evermore to follow and not to precede the Thesis which one maintains I have also made the Testimonies and Examples to go before the Arguments as being proofs much more obvious and more popular than those of meer speculation being very sure that what hath been always believed and practised is generally the mind and sentiment of all Mankind and not that of some particular Persons I have also had another reason for doing this which is that finding some examples in ancient Records running exactly parallel with what hath so lately happened in great Britain Now a word or to do must be spoken touching the Nature and Validity of the Testimonies which I have related At first sight a Protestant may be against those Testimonies the Church of Rome brings in either by her Counsels or by her particular Doctors nay and if he have but a pique against and be but never so little discontent with the alterations that have been made in this Country he will presently cry out against such like Authorities and will not be able to endure that the Reformed should make use of them his impatience is rather an effect of his passion then of a right discerning of the Truth and for to convince him that it is so he needs do no more but to make these Observations with me upon the Councils which I have alledged First That they did not consist of Ecclesiastical Persons alone as do those of the later Ages but of all the States of that Nation wherein they were assembled and that all their determinations and decisions more especially in State Affairs derived all their Power and Authority from the Power politick their Decrees for the most part being published under the King's Name who almost ever assisted at it in Person Together with the Grandees of the State as may appear by the Council of Toledo I have quoted Secondly Although there was already a great many errors and abuses in the Latin Church yet for all that it was then the true visible Church being it made use of no other Creed but that of the Apostles and the Nicene as one may see in the National Counsels of Spain and especially in that of Toledo where they rehearsed always the Nicene Creed as the Foundation and Arbidgement of the Faith of the Church and by the way that I may speak my thoughts what has given the Mortal blow to the Latin Church I think it has been the Addition which Pious the IV. made of his own profession of Faith to this Creed for that very time those who had tender Consciences or any sence of Christianity could not disgest their being obliged by Oath to believe all those impious and profane Additions sincerely and firmly as the Fundamental Truths of Religion The 3d. Observation that we are to make is touching the Discipline of the Latin Church which as well as its Doctrine were not by far so much corrupted as they were in the Ages succeeding Although the Peopes Leo and Gregory the two first of that Name did very much enlarge the Philacteries of the Roman High Priest Yet had they not set themselves up for Sovereign Arbitrators and Umpires of Divine and Human Rights besides the Opinion of the Infallibility had not then so much as entered into the mind of Man so that these determinatons and definitive Sentences of the Counsel are much more juridical and more suiting with the Order God hath established in his Church and indeed deserve a great deal more respect and consideration then those of the Counsels of the last Ages Particularly since the first Oecumenique Counsel of Lateran wherein things began to be regulated only according to the Phantasie of the Popes and not according to Scripture nor Reason Now as for the particular Doctors of the Roman Church I have not pretended that they should be a Rule to the Reformed in this matter but only indirectly that is to say I do make appear by that that all Christians have held the same Principle for one cannot deny but that the Reformation may have been settled upon this Foundation that the Power of Princes over their Subjects is not Absolute neither in Spirituals or Temporals there having been several People who have shaken off the Yoke of their old Masters for the sake of Religion and not any People but would have done the same if they had but had power so to do at such time as they had to do with a Sovereign who went about to oppress them In speaking my mind sincerely and freely as I have done of the Power of Sovereigns and of the Rights of the People I have made no incroachment or attempt upon the lawful Power of Kings God forbid I should there is not a Man in the World more convinced or more fully perswaded of the preheminence and excellency of Monarchical Government above all others then my self
this Trust and Charge upon them and after they have once acquitted themselves of it they are no longer the Representives of the Person of the Church the Church it self ever remains superiour to the Pope and at such time as she thinks good to lay down the Authority of a Pope she may commit it to the Cardinals but that Regal Power draws its origin from the People if the business needed proving it might be without much ado demonstrated from the very Coronation of the French Kings For after this manner doth the Archbishop speak to him when he anoints him Maintain that State and Dignity in which you are placed to succeed your Father by the Law of Inheritance by divine Providence by our present delivering it to you VIII Besides there was ever a great difference between Subjects and Servants Subjects are always looked upon in the Scripture as Sons and Brethren but Servants are accounted as the vilest and most abject of Mortals now then if you ascribe Absolute Power to Princes this difference and distinction would be quite out of doors because the Power of Lords over Servants cannot be greater then Absolute nay and Subjects would be in a much worse condition then Servants for as much as the Power of Lords over Servants cannot be called Absolute If the Authority of Justinian the Emperour may be of any moment in this matter But at this time saith he it shall not be lawful for any Man whatsoever within our Empire without some cause approved of by the Laws to exercise any unreasonable excessive cruelty upon his Servants for by the order of Antoninus whosoever shall slay his Servant without cause shall have no less punishment inflicted on him then if he had killed another mans but even too great and extraordinary sharpness and austerity of Lords and Masters was restrained by the Order of the aforesaid Prince for Antoninus being consulted by some Governours of Provinces about such Servants who took refuge in the Temple or fled to the Statue of the Prince gave order that if the cruelty of Lords and Masters should appear intollerable that they should be compelled to sell their Servants upon good Conditions and the price to be given to the Masters and all the reason in the World for it is expedient for the Common-wealth that none make ill use of what he hath The words of this Extract sent to Aelius Martianus are these the Power and Authority of Lords over Servants ought to be just and blameless nor ought any Person whatsoever to be defrauded of his right but it mightily concerns Masters to see that redress be not denied to those who shall lawfully require it for hardships hunger thirst or intollerable injury M. Antoninus seems in these Clauses to Counsel and Advice Servants and Subjects to take their parts against Tyrants Wherefore take cognisance of the Complaints of those of the Family of Julius and Sabinus who have fled for Refuge to the Sacred Statue and in case they be either more hardly used and intreated then justice requires or if you shall judge them ignominously wronged and abused venire jube cause them to be sold so that they may never any more fall into their Lords clutches and if he shall prove to act otherwise then becomes a subject and shall not submit to this my Ordinance let him understand that I shall execute the severity of the Law against him for such a default This constitution of the Emperors doth altogether correspond with the Law of God by which it is commanded that if any one shall deprive a Man-servant or a Maid-servant of one Eye yea or but of a Tooth then he shall be forced to grant them their liberty Exod. 21. 26 27. God likewise commands that if any one induced by Poverty shall sell himself he shall not be reckoned as a bond Servant but as an hired Servant and a Sojourner he was to serve till the Year of Jubile and then to depart both he and his Children with him he shall return to the Possession of his Fathers he and his Children for they are my Servants which I brought forth out of the Land of Aegypt they shall not be sold as Bonds-men Thou shalt not rule over them with â—igour but shalâ— fear thy God You see that for some certain reasons that is to say for cruelty for hunger or upon the account of insâ—fferable wrongs that Servants might by Gods appointment and by the Emperors Constitutions which have now the force of Laws be exempted from their Masters commands and injunctions Why may not then Subjects be withdrawn from and dispensed of their duty to Princes unsit to bear sway From the Second Book also of the Fiefs or Feudaries Tit. 26. 5. it appears that the Lord is no less capable to commit an act of Treason against the Vassal than is the Vassal against the Lord which if it shall so happen the Lord loseth all his right over the Vassal no nor is that Power of Fathers over Sons Absolute neither though it be founded upon the Law of Nature for a Son is discharged from the Duty to a Farther that with cruelty and beyond all reason misuseth him or if the Father shall thunder out disinheritance against the Son the Laws shall carefully inquire into the occasions of disinheriting and if it be upon â—light Grounds or unadvisedly done that disinheriting shall be lookt upon as null and of none effect Last of all if all Subjects be but Servants what becomes of Peers withcut whom a King cannot try a Peer but if the King hath need of Peers in passing Sentence by Votes what signifies your Absolute Power truly I am even ashamed of those Persons who professing themselves Christians have a flighter opinion of Humanity then the Heathens have It is taken for granted amongst all the asserters and maintainers of Absolute Power by Barklay Grotius yea and by Salmatius the most daring and boldest of them all that the People did not part with or make over all their right to the Prince as for example they did not transfer all their right of chusing to himself a Successor in case the whole Royal Family be extinct Salmatius himself agrees with us in this matter Where the Seed of the Royal Line saith he in hereditary Kingdoms is quite extinct in such case the Power returns to the People to whom it may be lawful afterwards to confer the like Government upon another Person or change it into another form neither did the People grant to the King the right of Allienating the Crown or making it belong to anothers Dominion and that for the publick Good and Advantage for fear least some Stranger or other unfit Person should be set over the People Charles the VI. is a pregnant example of this who at such time as he abandoned Charles the VII his Son and declared and appointed Henry King of England his Son-in-Law Heir to the Crown this disowning and grant was