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duty_n	bind_v	law_n	power_n	1,223	5	5.0559	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88696	Vindiciæ contra tyrannos: a defence of liberty against tyrants. Or, of the lawfull power of the prince over the people, and of the people over the prince. Being a treatise written in Latin and French by Junius Brutus, and translated out of both into English. Questions discussed in this treatise. I. Whether subjects are bound, and ought to obey princes, if they command that which is against the law of God. II. Whether it be lawfull to resist a prince which doth infringe the law of God, or ruine the Church, by whom, how, and how farre it is lawfull. III. Whether it be lawfull to resist a prince which doth oppresse or ruine a publique state, and how farre such resistance may be extended, by whome, how, and by what right, or law it is permitted. IV. Whether neighbour princes or states may be, or are bound by law, to give succours to the subjects of other princes, afflicted to the cause of true religion, or oppressed by manifest tyranny.; Vindiciae contra tyrannos. English	Languet, Hubert, 1518-1581.; Walker, William, 17th cent.	1648 (1648)	Wing L415; Thomason E430_2; ESTC R34504	141,416	156

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 occasio●●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. qu●d cujusque ●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

purloining a cloake as well him when he seekes to batter downe the walls of a Citie as a robber that offers to break into a private house There is besides this the civill law or municipial laws of severall Countreyes which governs the societies of men by certaine rules some in one manner some in another some submit themselves to the government of one man some to more others are ruled by a whole Communalty some absolutely exclude women from the Royall Throne others admit them these here chuse their King descended of such a family those there make election of whom they please besides other customes practised amongst severall Nations If therefore any offer either by fraud or force to violate this law wee are all bound to resist him because he wrongs that society to which wee owe all that we have and would runne our Countrey to the preservation whereof all men by nature by law and by solemne oath are strictly obliged insomuch that feare or negligence or bad purposes make us omit this dutie wee may justly be accounted breakers of the Lawes betrayers of our Countrey and contemners of Religion Now as the Law of Nature of Nations and the civill commands us to take Armes against such Tyrants so is there not any manner of reason that should perswade us to the contrary neither is there any oath covenant or obligation publike or private of power justly to restraine us therefore the meanest private man may resist and lawfully L. ult D. ad leg Jul. Majestatis oppose such an intruding tyrant The Law Julia which condemnes to death those that raise rebellion against their Countrey or Prince hath here no place for he is no Prince which without any lawfull title invadeth the Common-wealth or Confines of an other nor he a rebell which by armes defends his Countrey but rather to this had relation the Oath which all the youth of Athens were accustomed to take in the Temple of Aglaura I will fight for Religion for the Lawes for the Altars and for our possessions either alone or with others and will doe the utmost of my endeavour to leave to posteritie our Countrey at the least in as good estate as I found it To as little purpose can the Bartol in trac de Guelph Gibellin Lawes made against seditious persons be alledged here for he is seditious which undertakes to defend the people in opposition of order and publick Discipline But he is no raiser but a suppressor of sedition which restraineth within the limits of reason the subvertor of his Countries welfare and publicke Discipline On the contrary to this hath proper relation the Law of Tyranacides Plin. lib. 4. Alexand. ab Alex. lib. 6. cap. 4. which honours the living with great and memorable recompences and the dead with worthy Epitaphes and glorious Statues that have been their Countries Liberators from Tyrants as Harmodius and Aristogiton at Athens Brutus and Cassius in Greece and Aratus of Sycione To these by a publike Decree were Ziphilm in vita August erected Statues because they delivered their Countries from the tyrannies of Pisistratus of Caesar and of Nicocles The which was Plutarch in Arato of such respect amongst the Ancients that Zerxes having made himselfe Master of the Citie of Athens caused to be transported into Persia the Statues of Harmodius and Aristogiton afterwards Valer. Maxim lib. 2 c. ultim Selcucus caused them to be returned into their former place and as in their passage they came by Roades those famous Citizens entertained them with publick and stupendious solemnities and during their abode there they placed them in the choicest sacresties of their gods But the Law made against forsakers and traytors takes absolutely hold on those which are negligent and carelesse to deliver their Countrey oppressed with tyrannie and condemnes them to the same punishment as those cowardly Souldiers which when they should fight either counterfeit sicknesse or cast off their Armes and run away Every one therefore both in generall and particular ought to yeeld their best assistance unto this as in a publicke fire to bring both hookes and buckets and L. 3. l. Omne delictum §. ult D. de remilit water wee must not ceremoniously expect that the Captaine of the Watch be first called nor till the Governour of the Towne be come into the streets but let every man draw water and climb to the house-top it is necessary for all men that the fire be quenched For if whilest the Gaules with much silence and vigilancie seeke to scale and surprise the Capitoll the Souldiers be drowsie with their former paines the Watch buried in sleepe the dogges fayle to barke then must the geese play the Sentinells and with their gagling noyse give an alarum And the Souldiers and Watch shall be degraded yea and put to death the geese for perpetuall remembrance of this deliverance shall be alwayes sed in the Capitoll and much esteemed This of which wee have spoken is to be understood of a tyranny not yet firmely rooted to wit whilst a tyrant conspires machinates and layes his plots and practises But if he be once so possessed of the State and that the people being subdued promise and sweare obedience the Common-wealth being oppressed resigne their authoritie into his hands and that the Kingdome in some formall manner consent to the changing of their Lawes for so much certainly as then he hath gained a title which before he wanted and seemes to be as well a legall as actuall possessor thereof although this yoke were laid on the peoples necke by compulsion yet must they quietly and peaceably rest in the will of the Almightie who at his pleasure transferres Kingdomes from one Nation to another Otherways there should be no Kingdome whose juridiction might not be disputed and it may well chance that he which before was a tyrant without title having obtained the title of a King may free himselfe from any tyrannous imputation by governing those under him with equitie and moderation Therefore then as the people of Jurie under the authoritie 2 Kings 24. and 25. Ierem. 37. of King Ezechias did lawfully resist the invasion of Senacherib the Assyrian So on the contrary was Zadechias and all his subjects worthily punished because that without any just occasion after they had done homage and sworne fealtie to Nebuchadnezzar they rise in rebellion against him For after promise of performance it is too late to repent and as in battles every one ought to give testimony of his valour but being taken prisoner must faithfully observe Covenants so it is requisite that the people maintaine their rights by all possible meanes but if it chance that they be brought into the subjection of anothers will they must then patiently support the dominion of the Victor So did Pompey Cato and Cicero and others performe the parts of good Patriots then when they tooke armes against Caesar seeking to alter the government

gardens and patrimoniall lands are distinstuished from those of the publick the one serving for the provision of the Sultans table the other imploied onely about the Turquish affaires of State There be notwithstanding Kingdomes as the French and English and others in which the King hath no particular patrimony but onely the publick which he received from the people there this former distinction hath no place For the goods which belongs to the Prince as a quaere of what nature the ancient demeane is in England private person there is no question he is absolute owner of them as other particular persons are and may by the civill Law sell ingage or dispose of them at his pleasure But for the goods of the Kingdome which in some places are commonly called the demeanes the Kings may not be esteemed nor called in any sort whatsoever absolute Lords Proprietors of them For what if a man for the flocks sake have made thee Shepheard doth it follow L. cum servus 39. Sec vlt. D. de leg 1. l. universi 9. ● seq C de fundo patrim that thou hast libertie to flea pill sell and transport the Sheepe at thy pleasure Although the people have established thee Judge or Governour of a Citie or of some Province hast thou therefore power to alienate sell or play away that City or Province And seeing that in alienating or passing away a Province the people also are sold have they raised thee to that authority to the end thou shouldest seperate them from the rest or that thou shouldest prostitute and make them slaves to whom thou pleasest Furthermore I demand if the Royall dignity be a patrimony or an Office If it be an Office what Community hath it with any propriety If it be a Patrimony is it not such a one that at least the paramount propriety remaines still in the people which were the doners Briefly if the revenue of the Exchequer or the demeanes of the Kingdome be called the dowrie of the Common-wealth and by good right and such a dowrie whose dismembring or wasting brings with it the ruine of the publick State the Kingdom and the King by what Law shall it be lawfull to alienate this dowrie Let the Emperor Wencislaus be infatuated the French King Charles the sixt lunatick and give or sell the Kingdom or part of it to the English let Malcolme King of the Scots lavishly dissipate the demeanes and consume the publick treasure what followes for all this Those which choose the King to withstand the invasions of forrein enemies shall they through his madnesse negligence be made the slaves of strangers and those meanes wealth which would have secured them in the fruition of their own estates and fortunes Shall they by the election of such a King be exposed to the prey rapine of all commers and that which particular persons have saved from their own necessities and from those under their tutorship and government as it hapned in Scotland to indew the Common-wealth with it shall it be devoured by some Pandar or Broker for unclean pleasures But if as we have often said that Kings were constituted for the peoples use what shall that use be if it be perverted into abuse What good can so much mischiefe and inconvenience bring what profit can come of such eminent and irreparable dammages and dangers If I say in seeking to purchase my own liberty wellfare I ingage my selfe into an absolute thraldome and willingly subject my self to anothers Yoake and become a fettered slave to another mans unruly desires therefore as it is imprinted in all of us by nature so also hath it by a long custome been approved by all Nations that it is not lawfull for the King by the counsel of his own fancie and pleasure to diminish or waste the publick revenue and those which have run a contrar●e course have even lost that happy name of a King and stood b●●●●ded with the infamous title of a Tyrant I confesse that when Kings were inst●uted there was of n●cessity means to be assigned for them as well to maintain their Royall dignity as to furnish the expence of their teaine and Officers Civility and the wellfare of the publick State seeme to require it for it was the duty of a King to establish Judges in all places who should receive no presents nor sell Justice and also to have power readie to assist the execution of their Ordinances and to secure the waies from dangers that commerce might be open and free c. If there were likelihood of warrs to fortifie and put Garrisons into the frontier places and to hold an Armie in the field and to keep his Magazins well stored with munition It is commonly said that peace cannot be well maintained without provision for wars nor warrs managed without men nor men kept in discipline without pay nor mony gotten without Subsidies and Tributes To discharge therfore the burden of the State in time of Peace was the demeane appointed and in time of warrs the tributes and imposts yet so as if any extraordinary necessity required it mony might be raised by Subsidies or other fitting meanes The finall intendment of all was ever the publick utility in so much as he which converts any of these publick Revenues to his own private purposes much more he which mispends them in anyunworthy or loose occasions no way merits the name of a King for the Prince saith the Apostle is the minister of God for the good of the people and for that cause is Tribute paid unto them Rom. 13. This is the true originall cause of the customes and imposts of the Romans that those rich merchandises which were brought The same reason is recorded for all our imposts in England with which a Navy was wont to be maintained at Sea from the Indies Arabia Ethiopia might be secured in their passage by land from theeves and robbers in their transportation by Sea from Pirats insomuch as for their security the Common-wealth maintained a Navy at Sea In this rank we must put the Custome which was payd in the red Sea and other Imposts of gates bridges and passages for the securing of the great road waies therfore called the Pretorian consular and the Kings high-waies from the spoile of theeves and free-booters The care also of the reparation of bridges was referred to Commissaries deputed by the King as appeares Archi in Ca● fi qois Romi p●●●s pereg 24. q 3. B●lam c●● Sect. conventicula de pace iure iurfir l. 2. D. ne quid in loto publ viarum by the Ordinance of Lewis the Courteous concerning the 12. bridges over the River of Seyne commanding also boats to be in a readinesse to ferrie over passingers c. For the tax laid upon Salt there was none in use in those times the most of the Salt pits being injoyed by private persons because it seemed that that which nature out of her

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. a●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 Tyrāts 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. ● c. 1. 〈◊〉 T●u●on lib. 4. c. 51. lib. 5. c. 1● 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 confi●●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 Di●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

portion of the Kingdome as Dukes Marquisses Earles Sheriffes Mayors and the rest are bound by the dutie of their place to succour the Common-wealth and to free it from the burden of Tyrants according to the ranke and place which they hold of the people next after the King The first ought to deliver the whole Kingdome from tyrannous oppression the other as tutors that part of the Kingdome whose protection they have undertaken the dutie of the former is to suppresse the Tyrant that of the latter to drive him from their confines Wherefore Mattathias being a principall man in the State when some basely connived others pernitiously consorted with Antiochus the tyrannous oppressors of the Jewish Kingdome he couragiously opposing the manifest oppression both of Church and State incourageth 1 Machab. 3. 43. the people to the taking of Armes with these words Let us restore the decayed estate of our people and let us fight for our people and for the Sanctuarie Whereby it plainly appeares that not for Religion onely but even for our Countrey and our possessions wee may fight and take armes against a tyrant as this Antiochus was For the Machabites are not by any questioned or reprehended for conquering the Kingdome and expelling the tyrant but in that they attributed to themselves the royall dignitie which onely belonged by Gods speciall appointment to the tribe of Juda. Humane Histories are frequently stored with examples of this Justin lib. 1. Diodor. lib. 2. cap. 37. kinde Arbactus Governour of the Medes killed effeminate Sardanapalus spinning amongst women and sportingly distributing all the treasures of the Kingdome amongst those his loose companions Vindex and Galba quit the partie of Nero yea though the Senate connived and in a sort supported his tyrannie and drew with them Gallia and Spaine being the Provinces whereof they were Governours But amongst all the Decree of the Senate of Sparta is most notable and ought to passe as an undeniable Maxime amongst all Nations The Spartans being Lords of the City Bizantium sent Olearchus thither for Governour and Commander for the warres who took Corn from the Citizens and distributed it to his Souldiers In the mean time the families of the Citizens died for hunger Anaxilaus a principall man of the Citie disdaining that tyrannous usage entred into treaty with Alcibiades to deliver up the Town who shortly after was received into it Anaxilaus being accused at Sparta for the delivery of Bizantium pleaded his cause himselfe and was there acquit by the Judges for said they warres are to be made with enemies and not with Nature Nothing being more repugnant to Nature than that those which are bound to defend a City should be more cruell to the inhabitants than their enemies that besiege them This was the opinion of the Lacedemonians certainly just Rulers Neither can he be accounted a just King which approves not this sentence of absolution for those which desire to govern according to the due proportion of equity and reason take into consideration as well what the Law inflicts on tyrants as also what are the proper rights and bounds both of the Patritian and Plebeian orders But we must yet proceed a little further There is not so mean a Mariner but must be ready to prevent the ship-wrack of the vessell when either the negligence or wilsulnesse of the Pilot casts it into danger Every Magistrate is bound to relieve and as much as in him lies to redresse the miseries of the Common-wealth if he shall see the Prince or the principall Officers of State his associates by their weaknesse or wickednesse to hazard the ruine thereof Briefly he must either free the whole kingdome or at least that portion especially recommended to his care from their imminent and incroaching tyranny But hath this duty proper relation to every one Shall it be permitted to Hendonius Sabinus to Ennus Suranus or to the Fencer Spartanus or to be briefe to a meere private person to present the bonnet to slaves put Armes into the hand of subjects or to joyn battell with the prince although he oppresse the people with tyranny No certainly The Common wealth was not given in charge to particular persons considered one by one but on the contrary particulars even as Papists are recommended to the care of the principall Officers and Magistrates and therefore they are not bound to defend the Common-wealth which cannot defend themselves God nor the people have not put the sword into the L. 2. de Sedi●●●sis hands of particular persons Therefore if without commandment they draw the sword they are seditions although the cause seem never so just Furthermore the prince is not establisht by private and particular persons but by all in generall considered in one intire body whereupon it followes that they are bound to attend the commandment of all to wit of those which are the representative body of a kingdom or of a Province or of a Citie or at the least of some one of them before they undertake any thing against the prince For as a pupill cannot bring an action but being avowd L. 8. l. 9. D. de aucto constict cur in the name of his Tutor although the pupill be indeed the true proprietor of the estate and the tutor onely owner with reference to the charge committed unto him so likewise the people may not enterprise actions of such nature but by the command of those into whose hands they have refigned their power and authority whether they be ordinary Magistrates or extraordinary created in the Assembly of the Estates whom if I may so say for that purpose they have girded with their sword and invested with authority both to govern and defend them establisht in the same kind as the Pretor at Rome who determined Sencea lib. 1. de Benefic all differences between masters and their servants to the end that if any controversie happened between the King and the subjects they should be Judges and preservers of the right lest the subjects should assume power to themselves to be judges in their own causes And therefore if they were opprest with tributes and unreasonable imposts if any thing were attempted contrary to covenant and oath and no Magistrate opposed those unjust proceedings they must rest quiet and suppose that many times the best Physitians both to prevent and cure some grievous disease do appoint both letting blood evacuation of humors lancing of the flesh and that the affaires of this world are of that nature that with much difficulty one evill cannot be remedied without the adventuring if not the suffering of another nor any good be atchieved without great pains They have the example of the people of Israel who during the reigne of Solomon refused not to pay those excessive taxes imposed on them both for the building of the Temple and fortifying of the Kingdome because by a generall consent they were granted for the promulgation of the glory of God and

torment and persecute him in his members No certainly the Jew●● hold him an imposter the Ethnick a malefactor the Turks an Infidell the others an heretick insomuch as if we consider the intention of these men as the censuring of all offences ought to have principall relation thereunto we cannot conclude that it is properly Christ that they persecute with such hatred but some criminal person which in the●r opinion deserves this usage But they doe truly and properly persecute and crucifie Christ Jesus which professe to acknowledge him for the Messias God and Redeemer of the world and which notwithstanding fail to free him from persecution and vexation in his members when it is in their power to do it Briefly he which om●ts to deliver his neighbour from the hands of the murderer when he sees him in evident danger of his life is questionlesse guilty of the murther as well as the murtherer For seeing he neglected when he had means to preserve his life it must needs necessarily follow Aug. in Psa 32 Amb. lib. 1. dc Offic. Gratian in Decret that he desireth his death And in all crimes the will and intendment ought principally to be regarded But questionlesse these Christian princes which do not releive and assist the true professors which suffer for true religion are much more guilty of murther than any other because they might deliver from danger an infinite number of people which for want of timely succours suffer death and torments under the cruel hands of their persecuters and to this may be added that to suffer ones brother to be murthered is a greater offence than if he were a stranger Nay I wi say further those forsakers of their brethren in their time of danger distresse are more vile and more to be abhorred than the tyrants themselves that persecute them For it is much more wicked and worthy of greater punishment to kill an honest man that is innocent fea●ing God as those which consent with them in the faith must of necessity know the true professors to be than a thiefe an imposter a magician or an heretick as those which persecute the true Christians do commonly beleeve them to be it is a greater offence by many degrees to strive with God than man Briefly in one and the same action it is a much more grievous crime persidiously to betray than ignorantly to offend But may the same also be said of them which refuse to assist those that are oppressed by tyranny or defend the liberty of the Common-wealth agai●st the oppression of tyrants For in this case the conjunction or confederacy seemes not to be of so strict a condition between the one and the other here we speak of the Common-wealth diversly governed according to the customes of the countries and particularly recommended to thes● here or those there and not of the Church of God which is composed of all and recommended to all in generall and to every one in particular The Jew saith our Saviour Christ is not on●ly neighbour to the Jew but also to the Samaritan and to every other man But we ought to love our neighbour as our selves and therefore an Israelite is not onely bound to deliver an Israelite from the hands of theeves if it be in his power but every stranger also yea though unknown i● he will righely discharge his duty neither let him dispute whether it be lawfull to defend another which beleeve he may justly defend himself For it is much more just if we truly consider the concomitants to deliver from danger and outrage another than ones selfe seeing that what is done for pure charity is more right and allowable than that which is executed for colour or desire of revenge or by any other transport of passion in revenging our own wrongs we never keep a mean whereas in other mens though much greater the most intemperate will easily observe moderation Furthermore the heathens themselves may teach us what humane society and what the law of nature requires of us in this busines wherefore Cicero sayes That Nature being the common mother of mankind prescribes and ordaines 〈…〉 3. Offic. that every man endevour and procure the good of another whatsoever be be onely because he is a man otherwise all bonds of society yea and mankinde it self must needs goe to ruine And therefore as Justice built on these two Basis or pillars First that none be wronged secondly that good be done to all if it be possible So also is there two sorts of injustice the first in those which offer injury to their neighbours the second in them which when they have meanes to deliver the oppressed doe notwithstanding suffer them to sink under the burthen of their wrongs For whosoever doth wrong to another either mov'd thereunto by anger or any other passion he may in a sort be truly said to lay violent hands on his companion but he which hath meanes and defends not the afflicted or to his power wards not the blowes that are struck at him is as much faulty as if he forsook his parents or his friends or his countrey in their distresse That which was done by the first may well be attributed to choler which is a short madnesse the fault committed by the other discovers a bad minde and a wicked purpose which are the perpetuall tormentors and tyrants of the conscience The fury of the first may be in some sort excused but the malice of the second admits no colour of defence Peradventure you will say I feare in aiding the one I shall doe wrong to the other And I answer You seek a Cloak of justice wherewith to cover your base remisnesse and if you lay your hand on your heart you will presently confesse that it is somewhat else and not justice that with holds you from performing your duty For as the same Cicero sayes in another place Either thou wilt not make the wrong-doer thine enemy or not take paines or not be at so much charge or else negligence sloth or the hindering of thine own occasions or the crossing of other purposes takes thee off from the defence of those who otherwise thou art bound to relieve Now in saying thou onely attends thine own affaires fearing to wrong another thou fallest into another kind of injustice for thou abandonest humane society in that thou wile not afford any endeavour either of mind body or goods for the necessary preservation thereof Read the Directions of the heathen Philosophers and Politicians who have written more divinely herein than many Christians in these dayes From hence also proceeds that the Roman law designes punishment to the neighbour which will not deliver the slave from the outragious fury of his master Amongst the Aegyptians if any man had seene another assail'd Diodor. Siculus l. 2. c. 2. and distress'd by thieves and robbers and did not according to his power presently aid him he was adjudgd worthy of death if at the least he