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
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
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 World hold a devided Empire with God himselfe Behold a discourse proper enough for that impudent Villaine Cleon the Sicophant of Alexander or for the poet Martiall which was not ashamed to call the Edicts of Domitian the Ordinances of the Lord God This discourse I say is worthy of that execrable Domitian who as Suetonius recites would be called God and Lord But altogether unworthy of the â—ares of a Christian-Prince and of the mouth of good Subjects that sentence of God almighty must always remaine irrevocably true I will not give my glory to any other that is no man shall have such absolute Isa 48. 11. authority but I will alwayes remaine sovereigne God doth not at any time disvest himselfe of his power he holds a Scepter in one hand to represse and quell the audatious boldnesse of those Princes which mutiny against him and in the other a ballance to controle those that administer not justice wiâ—h equity as they ought then these there cannot be expressed more psa 2. 9. Wisd 6 4. certaine markes of sovereigne command And if the Emperor in creating a King reserves alwayes to himselfe the imperiall soveraignty or a King as he of France in granting the government or possession of a Province to a stranger or if it be to his Brother or Son reserves always to himselfe appeales and the knowledg of such things as are the marks of royalty and sovereignty the which also are always understood of themselves to be excepted although they wer altogether omitted in the grant of investiture and fealty promised with much more reason should God have sovereign power and command over al Kings being his servants and Officers seeing wee reade in so many places of Scripture that he will call them to an account and punish them if they doe not faithfully discharge their duties Then therefore all Kings are the Vassals of the King of Kings invested into their Office by the sword which is the cognisance of their royall authority to the end that with the sword they maintaine the Law of God defend the good and punish the evill Even as we commonly see that he which is a sovereigne Lord puts his Vassals into possession of their fee by girding them with a sword delivering them a buckler and a standard with condition that they shall fight for them with those armes if occasion shall serve Now if we consider what is the duty of Vassalls we shall find that what may be said of them agrees properly to Kings The Vassall receives his fee of his Lord with right of justice and charge to serve him in 1 Sam. 8. and 9 20. his warres The King is established by the Lord God the King of Kings to the end he should administer justice to his people and defend them against all their enemies The Vassall receives law and conditions from his Sovereigne God commands the King to observe his laws and to have them always before his eyes promising that he and his successors shall possesse long the Kingdom if they be obedient and on the contrary rebellious to their Sovereigne King The Vassall obligeth that their reigne shall be of small continuance if they prove himselfe by Oath unto his Lord and sweares that he will be faithfull and obedient In like manner the King promiseth solemnly to command according to the expresse Law of God Deu. 17. 19. Briefly the Vassall looseth his fee if he commit fellony and by law forfeiteth all his priviledges In the like case the King looseth his Right and many times his Realme also if he dispise God if he complot with his enemies and if he commit fellony against that Royall Majesty this will appeare more clearely by the consideration of the Covenant which is contracted between God and the King for God does that honour to his servants to call them his confederats Now we reade of two sorts of Covenants at the Inaugurating of Kings the first betweene God the King and the People that the people might be the people of God The second between the King and the people that the people shall obey faithfully and the King command justly we will treat hereafter of the second and now speak of the first When King Joas was crowned we read that a Covenant was contracted between God the King and the People or as it is The Alliance between God and the Kings 2 King 11. 2 Chro. 23. 16. 2 king 23. said in another place between Jehojada the High-Priest all the People and the King That God should bee their Lord. In like-manner we read that Josias and all the people entred into Covenants with the Lord we may gather from these testimonies that in passing these Covenants the High-Priest did Covenant in the name of God in expresse termes that the King and the people should take order that God might be served purely and according to his will throughout the whole Kingdome of Juda that the King should so reigne that the people were suffered to serve God and held in obedience to his law That the people should so obey the King as their obedience should have principall relation to God It appeares by this that the King the people are joyntly bound by promise and did obleige themselves by solemn Oath to serve God before al things And indeed presently after they had sworn the Covenant Josias and Joas did ruine the Idolatry of Baal and re-established the pure service of God The principall poynts of the Covenants were cheifly these That the King himselfe and all the people should be carefull to honour and serve God according to his will revealed in his word which if they performed God would assist and preserve their estates as in doing the contrary he would abandon and exterminate them which doth plainly appeare Deut. 29. 30. 31. Deut. 31. 26. by the conferring of divers passages of holy writ Moses somewhat before his death propounds these conditions of Covenant to all the people and at the same time commands that the Law which be those precepts given by the Lord should be in deposito kept in the Arke of the Covenant After the decease Josh 1. of Moses Joshua was established Captaine and Conductor of the people of God and according as the Lord himselfe admonished if hee would have happy successe in his affaires he should not in any sort estrange himselfe from the Deut. â—7 2â— Jos 5. 24. Law Joshua also for his part desiring to make the Israelites understand upon what condition God had given them the Country of Canaan as soon as they were entred into it after due sacrifices performed he read the Law in the presence of all the people promising unto them in the Lords name all good things if they persisted in obedience and threatning of all evill if they wilfully connived in disobedience Sommarily he assures them all prosperity if they observed the Law as otherways he expresly declared that in doing the contrary they
be disabled to give satisfaction the other must satisfie the creditors who ought not to be endamaged though one of his debtors have ill husbanded his estate this ought not to be doubted in regard of Israel toward their King and of the King towards Israel in case one of them apply himselfe to the service of Idols or breake their Covenant in any other sort the one of them must pay the forfeiture and be punished for the other Now that the Covenants of which we at this time treat is of this nature it appeares also by other testimonies of Holy Scripture Saul being established King of Israel Samuel Priest 1 Sam. 12. 14. 25. and Prophet of the Lord speakes in this manner to the people Both you and your King which is over you serve the Lord your God but if you persevere in malice he taxeth them of malice for that they preferred the government of a man before that of God you and your King shall perish He adds after the reason For it hath pleased God to chuse you for his people You see here both the parties evidently conjoyned in the condition and the punishment In like manner Asa King of Judah by the counsel of the Prophet Azarie assembleth all the people at Jerusalem to wit Juda and Benjamin to enter into Covenant with God Thither came also divers of the Tribe of Ephraim Manasses and Simeon which were come thither to serve the Lord according to his own ordinance After the sacrifices were performed according to the Law the Covenant was contracted in these termes Whosoever shall not call upon the Lord God of Israel be he the least or the greatest let him dye the death In making mention of the greatest you see that the King himselfe is not excepted from the designed punishment But who may punish the King for here is question of corporall 2 king 23. 2. and temporall punishment If it be not the whole body of the people to whom the King sweareth and obligeth himselfe no more nor lesse than the people doe to the King we read also that King Josias being of the age of twenty and 2 Chron. 4. 29. five yeares together with the whole people doth make a Covenant with the Lord the King and the People promising to keepe the Lawes and Ordinances of God and even then for the better accomplishing of the tenour of this agreement the Idolatry of Baall was presently destroyed If any will more exactly turne over the holy Bible he may well finde other testimonies to this purpose But to what purpose should the consent of the people be required wherefore should Israel or Juda be expresly bound to observe the Law of God for what reason should they promise so solemnly to be for ever the people of God If it be denied by the same reason that they had any authority from God or power to free themselves from perjury or to hinder the ruine of the Church For to what end should it serve to cause the people to promise to be the people of God if they must and are bound to endure and suffer the King to draw them after strange Gods If the people be absolutly in bondage wherefore is it commanded then to take order that God be purely served if it be so that they cannot properly oblige themselves to God and if it be not lawfull for them by all to indeavour the accomplishment of their promise shall we say that God hath made an agreement with them which had I. quod attâ—net 32. 1. D. de reg jur no right neither to promise nor to keep promise But on the contrary in this businesse of making a Covenant with the people God would openly and plainly show that the people hath right to make hold and accomplish their promises and contracts For if he be not worthy to be heard in publique Court that will bargaine or contract with a slave or one that is under tutillage shall it not be much more shamefull to lay this imputation upon the Almighty that he should contract with those which had no power to performe the conditions covenanted But for this occasion it was that when the Kings had broken their Covenants the Prophets always addressed themselves to the house of Juda and Jacob and to Samaria to advertise them of their duties Furthermore they required the people that they not only with-draw themselves from sacrificing to Baal but also that they cast down his Idoll and destroy his Priests and service yea even maugre the King himselfe For example Ahab having killed the Prophets of God the Prophet Elias assembleth the people and as it were convented the Estates and doth there taxe reprehend and reprove every one of them the people at his exhortation doe take and put to death the Priests of Baal And for so much as the King neglected his duty it behoved Israel more carefully to discharge theirs without tumult not rashly but by publicke authority the Estates being assembled and the equity of the cause orderly debated and sufficiently cleared before they came to the execution of justice On the contrary so often and always when Israel hath fayled to oppose their King which would overthrow the service of God that which hath been formerly said of the two Debtors the inability and ill husbandry of the one doth ever prejudice the other the same hapned to them for as the King hath been punished for his Idolatry and Disloyaltie the people have also beene chastised for their negligence connivencie and stupidity and it hath commonly hapned that the Kings have bin much more often swarved and drawn others with them then the people for so much as ordinarily the great ones mould themselves into the fashion of the King and the people conforme themselves in humours to those that governe them to be briefe all more usually offend after the example of one then that one will reform himselfe as he seeth all the rest This which we say will perhaps appeare more plainly by examples what doe we suppose to have been the cause of the defeat and overthrow of the Army of Israel with their King Saul Doth God correct the people for the sinnes of the Prince Is the child 1 Sam. 31. beaten instead of the Father It is a discourse not easily to be digested say the Civilians to maintain that the children should bear the punishments due for the offences of their Fathers the Laws doe not permit that any one shall suffer for the wickednesse of another Now God forbid that the Judge of all the world saith Gen. 18. 25. Deut. 24. 16. 2 King 14 6. Ezech. 18. 20. Abraham should destroy the innocent with the guilty On the contrary saith the Lord as the life of the Father so the life of the sonne is in my hands the fathers shall not be put to death for the children neither shall the children be put to death for the fathers every man shall be put to death for
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
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—
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
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
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
wee are bound to serve God for his owne sake only but we honour our Prince and love our Neighbour because and for the love of God Now if it be ill done to offend our neighbour and if it be a capitall crime to rise against our Prince how shall we intitle those that rise in rebellion against the Majesty of the Soveraigne Lord of all Manking briefly as it is a thing much more grievous to offend the Creator then the creature man then the Image he represents and as in terms of Law he that hath wounded the proper person of a King is much more culpable then another that hath only broken the statue erected in his memory so there is no question but a much more terrible punishment is prepared for them which infringe the first Table of the Law then for those which only sinne against the second although the one depend of the other whereupon it followes to speake by comparison that we must take more carefull regard to the observation of the first then of the second Furthermore our Progenitors examples may teach us the rule we must follow in this case King Ahab at the instigation of his wife Jesabel killed all the Prophets and servants of God that could be taken notwithstanding Abdias Steward of Ahabs house did both hide and 1 King 18. 4. feed in a Cave a hundred Prophets the excuse for this is soon ready in obligations oblige they never so neerly the divine Majesty must alwayes be excepted The same Ahab enjoyned all men to sacrifice to Baal Elias instead of couling or relenting did reprove more freely the King and all the people convinced the Priests of Baal of their impiety and caused them to be executed Then in dispite of that wicked and furious Jesabel and manger that uxorious King he doth redresse and reform with a divine and a powerfull endeavour the service of the true God When Ahab reproached 1 King 18. 17. him as the Princes of our times doe that he troubled Israel that he was rebellious seditious titles wherewith they are ordinarily charged which are no way culpable thereof nay but it is thou thy selfe answered Elias which by thy Apostasie hath troubled Israel which hath left the Lord the true God to acquaint thy selfe with strange gods his enemies in the same manner and by the Dan. 3. 18 6. lo. 13 leading and direction of the same spirit did Sidrac Misack and Abednego refuse to obey Nebuchadnezar Daniel Darius Eleazar Antiochus and infinit others After the comming of Jesus Christ Act. 4. 19. it being forbidden the Apostles to preach the Gospel Judge ye said they whether it be reasonable as in the sight of God to obey Phiâ—o Iâ—â—eâ—s in his discourse of his Embassage to Cyrus S. Ambros in the Epâ—st 33. men rather then God according to this the Apostles not regarding neither the intendments nor designs of the greatnesse of the world addressed themselves readily to doe that which their Master Jesus Christ had commanded them The Jewes themselves would not permit that there should be set up in the Temple at Jerusalem the Eagle of silver nor the statue of Caligula what did Ambrose when the Emperour Valentinian commanded him to give the Temple at Millan to the Arrians Thy Counsellors and Captains are come unto me said he to make me speedily deliver the Temple saying it was done by the Authority and command of the Emperor and that all things are in his power I answered to it That if he demanded that which is mine to wit mine inheritance my money I would not in any sort refuse it him although all my goods belong properly to the poore but the things divine are not in subjection to the power of the Emperor What doe we think that this holy man would have answered if he had been demanded whether the living Temple of the Lord should be enthrawled to the slavery of Idols These Examples and the constancy of a million of Martyrs which were glorious in their deaths for not yeilding obedience in this kinde according as the Ecclesiasticall Histories which are full of them do demonstrate may sufficiently serve for an expresse Law in this case But for all this we have no want of a Law formerly written For as often and ever as the Apostles admonish Christians to obey Kings and Magistrates they doe first exhort and as it were by way of advice admonish every one to subject himself in likâ— manner to God and to obey him before and against any whatsoever and there is no where to be found in any of their writings the least passage for this unlimitted obedience which the flaterers of Princes do exact from men of smal understandings Let every soule saith Saint Paul be subject to the higher powers for there is no power but of God he makes mention of every soul to the Rom. 13. 1. end it may not be thought that he would exempt any from this subjection we may easily gather by divers such speeches that we must obey God rather than the King For if we obey the King because and for the love of God certainly this obedience may not be a conspiracy against God But the Apostle wil stop the gap to all ambiguity in adding that the Prince is the servant of God for our good to wit to doe justice from this necessarily follows that which we come from touching that we must rather obey God then him who is his servant This doth not yet content Saint Paul for he adds in the end Give tribute honour and feare to whom they appertaine as if hee Math. 22. 21. 1 pet 2. 17. 18. should say that which was alledged by Christ Give to Caesar that which is Caesars and to God that which is Gods To Caesar tribute and honour â—o God feare Saint Peter saith the same feare God honour the King Servants obey your Masters not only the good and kinde but also the rigorous we must practice these precepts according to the order they are set downe in to wit that as servants are not bound to obey their Masters if they command any thing which is against the lawes and ordinances of Kings Subjects in like manner owe no obedience to Kings which wil make them to violate the Law of God Object 1 Certaine leud companions object that even in the things themselves that concern the Conscience wee must obey Kings and are so shamelesse as to produce for witnesse of so wicked an opinion the Apostle Saint Peter and Saint Paul concluding from hence that we must yeeld obedience to all that the King shall ordaine though it be to imbrace without reply any Superstition he shall please to establish But there is no man so grosly voyde of sense that sees not the impiety of these men We reply that Saint Paul saith in expresse termes we must be subject to Princes not only for wrath but also for conscience sake In opposing conscience to wrath it is as
a contrary opinion In those times all men acknowledged the Pope for Gods Vicar on earth and head of the universal Church Insomuch that as it is said common errour went instead of a Law notwithstanding the Sorbonists being assembled and demanded made answer that the L. Parber Philip D. de Senat. King and the Kingdom might falsly without blame or danger of schisme exempt themselves from his obedience and flatly refuse that which the Pope demanded for so much as it is not the separation but the cause which makes the schisme and if there were schisme it should be only in separating from Boniface and not from the Church nor from the Pope and that there was no danger nor offence in so remaining untill some honest man were chosen Pope Every one knowes into what perplexities the consciences of a whole Kingdom would fall which held themselves separated from the Church if this distinction be not true I would demand now if it be not yet more lawfull to make use of this distinction when a King invades and incroacheth on the jurisdiction of God and oppresseth with hand servitude the scales dearly bought with the pretious blood of Jesus Christ Let us adde another example In the year of our Lord 2408. when Pope Benedict the 13. did oppose the French Church by tributes and exactions the Clergy assembled by the Command of King Charles the 6. decreed that the King and Inhabitants Annales of France monstrelet of the Kingdom ought not to obey Benedict which was an Heritick a schismatick and altogether unworthy of that dignity the which the Estates of the Kingdom approved and the Parliament of Paris confirmed by a decree The same Clergy also ordained that those which had been excommunicated by that Pope as forsakers and enemies of the Church should be presently absolved nullifying all such excommunications and this hath been practised not in France onely but in other places also as Histories do credibly report The which gives us just occasioâ—â—ost perspicuously to see and know that if he which holds the place of a Prince do govern ill there may be a separation from him without incurring justly the blame of revolt for that they are things in themselves directly contrary to leave a bad Pope and forsake the Church a wicked King and the Kingdom To returne to those of Lobna they seeme to have followed 2 Kings 19. 8. this before remembred expedient for after the reestablishment of the service of God they presently became again the subjects of King Ezekias And if ti is distinction be allowed place when a Pope incroacheth on the rights of any Prince which notwithstanding in some cases acknowledgeth him for his Soveraign Is it not much more allowable if a Prince which is a Vassall in that respect endeavours to assure and appropriate to himselfe the rights of God Let us conclude then to end this discourse that all the people by the authority of those into whose hands they have committed their Power or divers of them may and ought to Extrau de majo obed reprove and represse a Prince which Commands things against God In like manner that all or at the least the principalls of Provinces or Towns under the authority of the chiefe Magistrates established first by God and secondly by the Prince may according to Law and reason hinder the entrance of Idolatry within the inclosure of their walles and maintain their true Religion yea further they may extend the Confines of the Church which is but one and in failing hereof if they have meanes to do it they justly incur the penaltie of High-Treason against the Divine Majesty Whether private men may resist by Armes It remaines now that we speak of particulers which are private persons First particulars or private persons are not bound to take up arms gainst the Prince which would compell them to become Idolaters The L. sicut 7 5. 1. D. quâ—d cujusque â—nivens Cove-nant betweene God all the people who promise to be the people of God doth not in any sort bind them to that for as that which belongs to the whole vniversall body is in no sort proper to particulars so in like manner that which the body owes and is bound to performe cannot by any sencible reason be required of particular persons neither doth their duty any thing obliege them to it for every one is bound to serve God in that proper vocation to which this called Now private persons they have no power they have no publik command nor any calling to unsheath the sword of authority And therefore as God hath not put the sword into the hands of privat men so doth he not require in any sort that they should strike with it It is said to them put up thy sword into thy scabberd On the contrary the Apostle saies of Majestrates Mat. 26 52. Rom. 13. 4. they carry not the sword in vaine If particuler men draw it forth they make themselves Delinquents If Majestrates be slow and negligent to use it when just occasion is offered they are likewise justly blameable of negligence in performing their duties and equally guilty with the former But you will say unto me hath not God made a Covenant as well with particular persons as with the generality with the least as well as the higest To what purpose was Circumcision and Baptisme ordained What meaneth that frequent repetition of the Covenant in so many passages of holy writ All this is true but the consideration hereof is divers in their severall kinds For as all the subjects of a good and faithfull Prince of what degree soever they be are bound to obey him but some of them notwithstanding have their particuler duty as Magestrates must hold others in obedience in like manner all men are bound to serve God bnt some as they are placed in a higher rancke have received greater authority in so much as they are accountable for the offences of others if they attend not the charges of the Communalty carefully The Kings the Communalties of people the Majestrates into whose hands the whole body of the Common-wealth hath committed the sword of authority must and onght to take care that the Church be maintained and preserved particulars ought only to looke that they render themselves members of this Church Kings and popular Estates are bound to hinder the pollution or ruine of the Temple of God ought to free and defend it from all corruption within and all injury from without Private men must take order that their bodies the Temples of of God be pure that they may be fit recptacles for the Holy-ghoast to dwell in them If any man defile the Temple of God saith the Apostle him 1 Cor. 3. 17. 6. 19. shall God destroy for the Temple of God is holy which Temple ye are to the former he gives the sword which they beare with authority to the other he recommends the sword of the
in this that our Saviour Christ during all the time that he conversed in this world tooke not on him the Office of a Judge or King but rather of a private person and a Delinquent by imputation of our transgressions so that it is an allegation besides the purpose to say that he hath not managed Armes But I would willingly demand of such exceptionists whether they think that by the coming of Jesus Christ in the flesh that Magistrates have lost their right in the sword of Authority If they say so Saint Paul contradicts them who saies that the Magistates carries not the sword in vaine and did not refuse their assistance Rom. 13 4. Acts 23. 17. and power against the violence of those which had conspired his death And if they consent to the saying of the Apostle to what purpose should the Magestrates beate the sword if it be not to serve God who hath committed it to them to defend the good and punish the bad Can they doe better service then to preserve the Church from the violence of the wicked to deliver the flock of Christ from the swords of murtherers I would demaund of them yet whether they think that all use of Arms is forbiden to Christians If this be their opinion then would I know of them wherefore Christ did graunt to the Centurian his request Wherefore did he give Matt. 8. 9. 13. Luc. 3. 14. Act. 10. 47. so excelent a testimony of him wherefore doth St. Iohn Baptist command the men at Armes to content themselves with their pay and not to use any extortion and doth not rather perswade them to leave their â—â—â—ing Wherefore did Saint Peter Baptize Cornellus the Centurian who was the first fruits of the Gentiles From whence comes it that he did not in any sort whatsoever councell him to leave his charge Now if to bear arms to make war be a thing lawfull can there possibly be found any war more just then that which is taken in hand by the command of the superiour for the defence of the Church and the preservation of the faithfull Is there any greater tirany then that which is excercised over the soul Can there be imagined a war more commendable then that which suppresseth such a tyrany For the last point I would willingly know of these men whether it be absolutely prohibited Christians to make war upon any occasion whatsoever If they say that it is forbidden them from whence comes it then that the men at Armes Captains and Centurions which had no other imployment but the managing of Armes were alwayes received into the Church wherefore do the ancient Fathers and Christian Historians make so horrible mention of certain legions composed wholly of Christian Souldiers and amongst others of that of Malta so renowned for the victory which they obteyned and of that of Thebes of the which St. Mauricious was Generall who suffered martirdom together with all his Troopes for the confessing of the name of Jesus Christ And if it be permitted to make warre as it may be they will confesse to keepe the limmits and Townes of a Countrie and to repulse an invading enemy Is it not yet a thing much more reasonable to take Armes to preserve and defend honest men to suppresse the wicked and to keepe and defend the limmits and bounds of the Church which is the Kingdom of Jesus Christ if it were otherwayes to what purpose should St. Iohn have foretold that the whore of Babylon shall be finally ruined by Apoc. 27. 26. the 10. Kings whom she hath bewitched furthermore if we hâ—ld a contrary opinion what shall we say of the wares of Constantine against Maxentius and Licinius celebrated by so many publick orations and approved by the Testimony of an infinite number of learned men what opinion should we hold of the many voyages made by Christian Princes against the Turkes and Sarazins to conquer the holy Land who had not or at the least ought not to have had any other end in their designes but to binder the enemy from ruining the Temple of the Land and to restore the integrity of his service into those Countries Although then that the Church be not increased by Armes notwithstanding it may be justly preserved by the meanes of Armes I say further that those that dye in so holy a war are no lessâ— the Martyrs of Jesus Christ then their brethren which were put to death for Religion nay they which dye in that war seeme to have this inadvantage that with a free will knowing sufficiently hazard into which they cast themselves notwithstanding do couragiously expose their lives to death and danger whereas other do only not refuse death when it behoveth them to suffer The Turkes strive to advance their opinion by the meanes of Armes and if they do subdue a Country they presently bringin by force the impieties of Mahomet who in his Alcoran hath so recommended Armes as they are not ashamed to say it is the ready way to Heaven yet do the Turkes constrain no man in matter of conscierce But he which is a much greater adversary to Christ and true Religion with all those Kings whom he hath inchanted opposeth fire and fagots to the light of the Gospel toâ—tures the word of God compelling by wracking and torments as much as in him lieth all men to become Idolaters and finally is not ashamed to advance and maintain their faith and law by perfideous disloyalty and their traditions by continuall traysons Now on the contrary those good Princes and Magistrates are said properly to defend themselves which invirone and fortifie by all their meanes and industry the vine of Christ already planted â—o be planted in places where it hath not yet been least the wild boore of the Forrest should spâ—ylâ— or devoure it They do this I say in covering with their Buckler and defending with their sword those which by the preaching of the Gospel have been converted to true Religion and in fortifying with their best ability by â—avelinâ— ditches and rampers the Temple of God built with lively stones untill it Have attained the full height in despite of all the furious assaulâ—s of the enemies thereof we have lengthened out this discourse thus far to the end we might take away all scruple concerning this question Set then the Estates and all the Officers of a Kingdom or the greatest part of them every one established in authority by the people know that if they containe not within his bounds or at the least imploy not the utmost of their endeavours thereto a King that seekes to corrupt the Law of God or hinders the reestablishment thereof that they offend grievously against the Lord with whom they have contracted Covenants upon those conditions Those of a Town or of a Province making a portion of a Kingdom let them know also that they draw upon themselves the judgement of God if they drive not impiety out of their walls and
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
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
own bountie presented unto men ought no more to be inhaunsed by sale then either the light the aire or the water as a certaine King called L. magis puto D. de â—ebus corum Lycurgus in the lesser Asia began to lay some impositions upon the Salt pits there nature as it were impatiently bearing such a restraint of her liberality the springs are said to drie up suddenly Inv. Sat 4. Si quid palphurio si credimus Armillato Quicquid conspicuum palchrum qâ—ex aequoâ—e toâ—o est Res fisci est ubicunque natat Now although certain Marmâ—usets of the Court would perswade us at this day as Juveral complained in his time that the Sea affords nothing of worth or good which falls not within the compasse of the Kings Prerogative He that first brought this taxation into Rome was the Censor Livius who therefore gained the surname of Salter neither was it done but in the Common-wealths extreame necessity And in France King Philip the long for the same reason obtained of the Estates the imposition upon Salt for five years onely what turmoiles and troubles the continuance thereof hath bred every man knowes To be bâ—eife all Tributes were imposed and continued for the provision of meanes and stipends for the men of war so as to make a Province stipendarie or tributarie was esteemed the same with militarie Behold wherefore Solomon exacted Tributes to wit to fortifie 1 King 9. 15. the Towns and to erect and furnish a publick magazine which being accomplished the people required of Reholoam to be freed Postâ—l li. 3 de rep Turc from that burden The Turks call the Tribute of the Provinces the Sacred blood of the people and account it a most wicked crime to implâ—y it in any thing but the defence of the people Wherefore by the same reason all that which the King conquers in warre belongs to the people and nor to the King because the people bore the charges of the war as that which is gained by a factor accures to the account of his master Yea and what advantage he gaines by marriage if it belongs simplie and absolutely to his wife that is acquired also to the Kingdom for so much as it is to be presumed that he gained not that preferment in marriage in quality of Philip or Charles but as he was King On the contrarie in like manner the Queens have interest of indowment in the estates which their husbands gained and injoyed before they attained the Crown and have no title to that which is gotten after they are created Kings because that is judged as the acquist of the Common purse and hath no proper reference to the Kings private estate which was so determined in France betwixt Philip of Valoys and his wife Jedne of Burgundie But to the end that there be no money drawn from the people to be imployed in private designes and for particular ends and purposes the Emperor swears not to impose any Taxes or Tributes whatsoever but by the authority of the Estates of the Empire As much do the Kings of Polonia Hungarie and Denmarke promise the English in like manner enjoy the same unto this day by the Lawes of Henry the third and Edward the first The French Kings in former times imposed no Taxes but in the Assemblies and with the consent of the three Estates from thence sprung the Law of Philip of Valoys that the people should not have any Tribute layd on them but in urgent necessity and with the consent of the Estates Yea and anciently after these monies were collected they were locked in coffers through every Diocesse and recommended to the speciall care of selected men who are the same which at this day are called Esleus to the end that they should pay the souldiers enroled within the Towns of their Diocesses the which was in use in other Countries as namely in Flanders and other neighbouring Provinces At this day though many corruptions be crept in yet without the consent and confirmation of the Parliament no exactions may be collected notwithstanding there be some Provinces which are not bound to any thing without the approbation of the Estates of the Countrey as Languedoke Brittannie Province Daulphinie and some others All the Provinces of the Low Countries have the same priviledges finally lest the Exchequer devour all like the spleen which exhales the spirits from the other members of the body In all places they have confined the Exchequer within its proper bounds and limits Seeing then it is most certaine that what hath been ordinarily and extraordinarily assigned to Kings to wit Tributes Taxes and all the demeanes which compreheâ—d all customes both for importations and exportations forfeitures amercements royall escheates confiscations and other dews of the same nature were configned into their hands for the maintainance and defence of the people and the State of the Kingdom insomuch as if these sinewes be cut the people must nâ—eds fall to decay and in demolishing these foundations the Kingdome will come to utter ruine It necessarily follows that he which layes impositions on the people onely to oâ—presse them and by the publick detriment seeks private profit and with their own swords kills his subject he truely is unworthy the name of a King Whereas concrarily a true King as he is a carefull mannager of the publick affairs so is he a ready protector of the Common wellfare and not a Lord in propriety of the Common-wealth having as little authority to alienate or dissipate the demeans or publick Revenue as the Kingdom it self And if he mis-govern the State seeing it imports the Common-wealth that every one make use of his own talent it is much more requisite for the publick good that he which hath the mannaging of it carrie himself as he ought And therefore if a prodigall Lord by the authority of justice be committed to the tuition of his kinsmen and friends and compelled to suffer his revenues and means to be ordered and disposed of by others by much more reason may those which have interest in the affairs of State whose duty obligeth them thereto take all the Administration and government of the State out of the hands of him which either negligently executes his place ruines the Common-wealth if after admonition he indeavours not to performe his duty And for so much as it is easily to be proved that in all lawfull Dominions the King cannot be held Lord in propriety of the demeane without searching into those elder times whereof we have an apt representation in the Gen. 23. person of Ephron King of the Hittites who durst not sell the Field to Abraham without the consent of the people This right is at this day practised in publick States the Emp of Germany before his Sleyd l. 1. bulla aurea Coronation doth solemly swear that he will neither alienate dismember nor ingage any of the rights or members of the Empire And if he
people in the generall Assembly of the States he grew insolent and relying on the counsell of his Minions arrogantly threatens to lay beavier burthens on them hereafter No man can doubt but that according to the tenour of the contract first passed betweene the King and the people the prime and principall Officers of the Kingdome had authority to represse such insolence They were only blameable in this that they did that by faction and division which should more properly have beene done in the generall Assembly of the States in like manner in that they transferred the Scepter from Juda which was by God onely confin'd to that Tribe into another linage and also as it chances in other affaires for that they did ill and disorderly manage a just and lawfull cause Prophane histories are full of such examples in other Kingdomes Brutus Generall of the Souldiers and Lueretius Governour of the Citie of Rome assemble the people against Tarquinius Superbus Titus Livi. lib. 1. and by their authority thrust him from the royall Throne Nay which is more his goods are confiscated whereby it appeares that if Tarquinius had beene apprehended undoubtedly hee should have beene according to the publique lawes corporally punished The true causes why Tarquinius was deposed were because he altered the custome whereby the King was obliged to advise with the Senaâ—e on all weighty affaires that he made Warre and Peace according to his owne fancie that he treated confederacles without demanding counsell or consent from the people or Senate that he violated the Lawes whereof he was made Guardian briefly that he made no reckoning to observe the contracts agreed between the former Kings and the Nobility and people of Rome For the Roman Emperours I am sure you remember the sentence pronounced by the Senate against Nero wherein he was judged enemie to the Common-wealth and his body condemned to be ignominiously cast on the dung-hill and that other pronounced against Vitellius which adjudge him to be shamefully dis-membred and in that miserable estate trayled through the Citie and at last put to death another against Maximinius who was dispoild of the Empire and Maximus and Albinus established in his place by the Senace There might also be added many others drawne from unquestionable Historians The Emperour Trajan held not himselfe exempt from lawes neither desired he to be spared if he became a Tyrant for in delivering the Sword unto the great Provost of the Empire he sayes unto him If I command as I should use this sword for mee but if I doe otherwayes unsheath it against me In like manner the French by the authority of the States and solicited thereunto by the Officers of the Kingdome deposed Childerick the first Sigisbert Theodoricke and Childericke the third for their tyrannies and chose others of another Family to sit on the Royall Throne Yea they deposed some because of their idlenesse and want of judgment who exposed the State in prey to Panders Curtesans Flatterers and such other unworthy mushromes of the Court who governed all things at their pleasure taking from such rash Phaetous the bridle of government left the whole body of the State and people should be consumed through their unadvised folly Amongst others Theodoret was degraded because of Ebroinus Dagobert for Plectude and Thiband his Pander with some others the Estates esteeming the command of an effeminate Prince as insupportable as that of a woman and as unwillingly supporting the yoke of tyrannous Ministers managing affaires in the name of a loose and unworthy Prince as the burden of a tyrant alone To be briefe no more suffering themselves to be governed by one possessed by a Devill than they would by the Devill himselfe It is not very long since the Estates compeld Lewis the eleventh a Prince as subtile and it may be as wilfull as any to receive thirtie six Overseers by whose advise he was bound to governe the affaires of State The descendants from Charlemaine substituted in the place of the Merovingiens for the government of the kingdome or those of Capet supplanting the Charlemains by order of the Estates and raigning at this day have no other nor better right to the Crowne than what wee have formerly described and it hath ever been according to Law permitted the whole body of the people represented by the counsell of the Kingdome which are commonly called the Assembly of the States to depose and establish Princes according to the necessities of the Common-wealth According to the same rule wee reade that Adolph was removed from the Empire of Germany Anno 1296. because for covetousnesse without Anno 1296. any just occasion he invaded the Kingdome of France in favour of the English and Wenceslaus was also deposed in the yeare of our Lord 1400. Yet were not these Princes exceeding bad ones 1400. but of the number of those which are accounted lesse ill Elizabeth the wife of Edward the second King of England assembled the Parliament Froisard li. 1. cap. 1. against her husband who was there deposed both because he tyrannized in generall over his Subjects as also for that he cut Reade the manner of the deposing of Richard the second off the heads of many noble men without any just or legall proceeding It is not long since Christierne lost the Crowne of Denmarke Henry that of Sweden Mary Steward that of Scotland for the same or neere resembling occasions and the most worthy Histories relate divers alterations and changes which have hapned in like manner in the Kingdomes of Polonia Hungarie Spaine Portugall Bohemia and others But what shall we say of the Pope himselfe It is generally held Ant de But. confil quod positum est inter consil Paul de Castro vel antiq nu 412. incip viso puncto that the Cardinalls because they doe elect him or if they fayle in their dutie the Patriarkas which are next in ranke to them may upon certaine occasions maugre the Pope call a Councell yea and in it judge him As when by some notorious offence he scandalizeth the universall Church if he be incorrigible if reformation be as necessary in the head as the members if contrary to his oath he refuse to call a generall Councell And we reade for certaine that Mar. Laudâ—ns in tract de Card. 1. l. 2. q. 35. Phâ—lip Deciâ—s in quodan co â—iâ—o cujus verbs suerunt Andr. Bâ—â—h in d. conâ—â— 1. lib. 1. 〈◊〉 6. 〈…〉 de major obed divers Popes have been deposed by generall Councells But if they obstinately abuse their authoritie there must saith Baldus first be used verball admonitions secondly herball medicamentâ— or remedies thirdly stones or compulsion for where vertue and faire meanes have not power to perswade there force and terror must be put in ure to compell Now if according to the opinions of most of the learned by decrees of Councels and by custome in like occasions it plainly appeares that the Councell may depose the Pâ—pe
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