Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	kingdom_n	richard_n	3,833	5	8.9502	4	false

Text snippets containing the quad

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

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 Sena●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. Laud●ns in tract de Card. 1. l. 2. q. 35. Ph●lip Deci●s in quodan co ●i●o cujus verbs suerunt Andr. B●●h in d. con●● 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 medicament● 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 P●pe

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 qual●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 Gill●j in like manner Henry before Robert nephew to Cap●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 tha● 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 ●●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 i● 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 cōmonly said that Mrs. establish their servants Kings their officers In like manner also the people establish the King as administrator of the Cōmon-wealth G●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 th●se hundred were made for the us● 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 sa●e the owner appoints a pylot over her who sits at the he●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 p●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-wea●th common●y compared to a ship the King holds the p●nce of pylot the people in general are owners of the vessel obeying the pylot whilest he is ●a●e●ull of the publique good a●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 himse●f to more dangers By the same reason also which t●e King gains by acquist of arms be 〈…〉 possesseth himself of Frontier places in warring on the enemy or that which he gets b● esch●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 ob●iege themse●vs to him but by with reference to the authority derived from the people Furthermore there is an infinite sort of people

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 t●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 ●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 suff●ciently demonstrate that these Officers and Estates have knowne how to make use of their authori●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 cea●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 ●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 wi●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 ●ale of prescription against it much lesse against the whole body of the people whose power transcends the

Now although some Citizens say that by decree of Senate the Emperour Augustus was declared to be exempt from obedience to Lawes yet notwithstanding Theodosius and all the other good and reasonable Emperours have professed that they were bound to the Lawes lest what had been extorted by violence might be ●cknowledged and received instead of Law And for Augustus Caesar in so much as the Roman Common wealth was en thralled by his power and violence she could ●ay nothing freely but that she had lost her freedome And because they durst not call Augustus a tyrant the senate said he was exempt from ●ll obedience to the lawes which was in effect as much as if they plainely should have said ●he Emperour was an outl●w The same right ●●●h ever beene of force in all well governed states and Kingd●mes of Chr●st●ndome For neither the Emperour the King of France nor the Kings of Spain England Polander Hungarie and all other lawfull Princes as the Areh Dukes of Austriae Dukes of Brabante Earles of Flanders and Holland nor other Princes are not recreated to the government of their estates before they have promised to the Electours Peeres Pala●ins Lords Barons and Governours that they will render to every one right according to the lawes of the Country yea so strictly that they cannot alter or innovate any thing contrary to the priviledges of the countries without the consent of the ●ownes and provinces If they do it they are no lesse guilty of rebellion against the lawes then ●he people is in their kind if they refuse obedience when they command according to law briefly lawfull princes receive the lawes from the people as well as the crown in lieu of honour and the scepter in liue of power which they are bound to keep and maintain and therein repose their chiefest glory If the Prince may make new lawes What then shall it not be lawfull for a Prince to make new lawes and abrogate the old seeing it belongs to the King not onely to advise that nothing be done neither against nor to defraud the lawes but also that nothing be wan●ing to them or any thing to much in them briefly that neither age nor lapse of time do abolish or entombe them i● there be any thing to abridge added or taken away from them ●t is his duty to assemble the estates and to demand their advise and resolution without presuming to publish any things be●ore the whole have beene first du●y examined and approved by them after the l●w is once ennacted and published there is no more dispute to be made above it all men owe obedience to it and the prince in the first place to teach other men their duty and for that all men are ca●i●ier led by example then by precep●s the prince must necessarily expresse his willingnesse to observe the lawes or else by what equity can he require obedience in his subjects to that which he himselfe con●●mnes For the disterence which is betwixt Kings and subjects ought not to consist in impurity but in equity and justice And there●ore although Augustus was esteemed to be exempt by the d●cree of the S●nate notwithstanding reproving of a young man that had broken the Iulian law concerning adultery he boldly replyed to Augustus that he himself had transgressed the same laws which condemnes adul●eries the Emperour acknowledged his fault and for grief forbore to late So convenient a ●hing it is in nature to practise by example Demoth in oratio con Timocrat that which we would teach by precipt The Lawgicer Solon was wont to compare laws to mony for they m●●n●ain human societies as many preserves traffick neither improperly then if they Kings may not law●ully or at the least heretofore could not mannace or imbase good mony without the consent of the Common wealth much more ●ei●e can he have power to make and Innocen 3. ad regem Fam. in ca. quado d●●ure juando unmake lawes without the which no● Kings nor subjects can coha bite in security bu● must befor●● to live brut●shly in caves and deserts like wild beast wherefore also the Emperour of Germany esteeme it needful to make some law for the good of the empire first he demands the advise of the estates if it be there approved the Princes Barons Deputies of the towns signei● and then the law is ratified for he solemnly swears to keep the laws already made and to introduce no new ones without a generall consent There is a Law in Poloniae which hath beene renewed in the yeere 1454. and also in the yeere 1538. and by those it is decreed that no new Lawes shall be made but by a common consent nor no where else but in the Generall Assembly of the Estates For the Kingdome of France where the Kings are thought to have greater authority then in o●her places anciently all Lawes were onely made in the Assembly of the Estates or in the ambulatory Parliament But since this Parliament hath been Sedentary the Kings ed●cts are not received as authentically before the Parliament hath approved them Whereas on the contrary the decrees of this Parliament where the Law is defective have commonly the power and effect of Law In the Kingdomes of England Spain Hungary and others they yet enjoy in some sort their ancient priviledges For if the welfare of the Kingdom depends of the observation of the Laws and the Lawes are enthralled to the pleasore of one man is it not most certain that there can be no permanent stability in that government Must it not then necessarily come to passe that if the King as some have been be infected with Lunacie either continually or by intervales that the whole State fall inevitably to ruine But if th● Laws be superiour to the King as we have already proved and that the King be tyed in the same respect of obedience to the Lawes as the Servant is to his Master who will be so senslesse that will not rather obey the Law then the King or will not readily yeeld his best assistance against those that seek to violate or infringe them Now seeing that the King is not Lord over the Lawes let us examine how far his power may be justly extended in other things Whether the Prince have power of life and death over his Subjects The Minnions of the Court hold it for an undeniable Maxime That Princes have the same power of life and death over their Subjects as anciently Masters had over their slaves and with these false imaginations have so bewitched Princes that many although they put not in ure with much rigour this imaginary right yet they imagine that they may lawfully do it and in how much they defist from the practise thereof insomuch that they quit and relinquisite of their right and due But we affirme on the contrary that the Prince is but as the Minister and Executor of the Law and may only unsheath the Sword against those whom the Law hath

by him onely for rapine and ruine Whether the goods of the people belong to the King But to proceed let us now see whether the King whom we have alreadie proved hath not power over the lives of his Subjects is not at the least Lord over their Goods In these dayes there is no language more common in the Courts of Princes then of those who say all is the Kings Whereby it follows that in exacting any thing from his Subjects he takes but his own and in that which he leaves them he expresseth the care he hath that they should not be altogether destitute of meanes to maintaine themselves and this opinion hath gained so much power in the minds of some Princes that they are not ashamed to say that the paines sweat and industrie of their Subjects is their proper revenue as if their miserable Subjects onely kept beasts to till the earth for their insolent masters profit and luxurie And indeed the practise at this day is just in this manner although in all right equity it ought to be contrarie now we must alwaies remember that Kings were created for the good and profit of the people and that those as Aristotle sayes which indeavour and seeke the commoditie of the people are trusty Kings whereas those that make their own private ends and pleasures the onely butt and aime of their desirers are truly Tyrants It being then so that every one loves that which is his owne yea that many covet that which belongs to other men is it any thing probable that men should seek a master to give him francklie al that they had long laboured for and gained with the sweat of their browes may we not rather imagine that they chose such a man on whose integrity they relied for the administring of justice equally both to the poore and rich and which would not assume all to himselfe but rather maintaine every one in the fruition of his own goods or who like an unprofitable Drone should suck the fruit of other mens labours but rather preserve the house for those whose industrie justly deserved it briefly who instead of extorting from the true owners their goods would see them defended from all ravening oppressors What I pray you skills it sayes the poore Countrie man whether the King or the enemy make havok of my goods since through the spoile thereof I and my poore familie die for hunger what imports it whether a stranger or home-bred caterpiller ruine my estate and bring my poore fortune to extream beggery Whether a forrein Souldier or a Sicophant Courtier by force or fraud make me alike miserable Why shall he be accounted a barbarous enemy if thou be a friendly Patriot Why he a Tyrant if thou be a King Yea certainly by how much parracide is greater then manslaughter by so much the wickednesse of a King exceeds in mischiefe the violence of an enemy If then therefore in the creation of Kings men gave not their own proper goods unto them but onely recommended them to their protection by what other right then but that of free booters can they challenge the propertie of other mens goods to themselves Wherefore the Kings of Egypt were not according to Law at the first the Lords of particular mens estates but were onely then when they were sold unto them for corne and yet may there well be question made of the validitie of that contract Ahab King of Israel could not compell Naboth to sell him his Gen 45. 1 Kings 21. 1. c. vineyard but rather if he had been willing the Law of God would not permit it The Roman Emperors which had an unreasonable power could neither by right have done it At this day there is with much difficultie any Kingdom to be found where the meanest Subject may not sue the King where many times the L. venditor 13. D. de com praed divid King is not cast in the sute which succeeding he must as well as others satisfie the judgment And to this is not contrarie although at the first veiw it seeme so that which some of their most familiars have written of the Emperors That by the civill Law all things were the Kings and that Caesar was absolute Lord of all Seneca lib. de benef 7. C. 4. 5. 6. things they themselves expound this their opinion in this manner that the dominion of all things belongs to the King and the proprietie to the particular persons insomuch as the one possesseth all by the right of commanding the other by the Law of inheritance We know that it is a common saying amongst the Civilians that if any make claime to a house or a Ship it followes not therefore that he can extend his right to all the furniture L. nave 36. D. de evictionibus or lading And therefore a King may challenge and gaine right to the Kingdome of Germanie France and England and yet notwithstanding he may not lawfully take any honest mans estate from him but by manifest injustice seeing that they are things diverse and by Law distinguished to be possessors of the whole and of all the particular parts Whether the King be the proper owner of the Kingdom But the King is he not Lord proprietor of the publick Revenue We must handle this point somewhat more exactly then we did the former In the first place we must consider that the revenue of the publick Excheaquer is one thing the proper patrimonie of the Prince an other of different nature are the goods of the Emperor King or Prince to those of A●tonius Henrie or Philip those are properly the Kings which he injoyes as King those are Antonious his which he possesseth as in the right of Antonius the former he received from the people the latter from those of his blood as inheritor to them This distinction is frequent in the books of the civill Law where there is a difference ever made between the patrimonie of the Empire and that of the Emperor the treasurie of Caesar is one L. bene à Zenone C. de quod praesc C. unde quaest Mag ib. 12. C. l. fiscus D. de jurefisci thing and the Exchequer of the Common-wealth another and both the one and the other have their severall procurers there being diverse dispensers of the sacred and publick distributions and of the particular private expences insomuch as he which as Emperor is preferred before a private man in a grant by deed or chartell may also sometime as Antonius give place to an inferiour person In like manner in the Empire of Germanie the revenue of Ferdinand of Austria is one thing and the revenue of the Emperor Ferdinand is another the Empire and the Emperor have their severall treasurers as also there is difference in the inheritances which the Princes derive from the houses of their ancestors and those which are annexed to the Electorall dignities Yea amongst the Turks themselves Selimus his

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

recover or conquer any thing with the Arms means of the publick it shall be gained to the Empire and not to himself Wherfore when Charles the 4th promised each of the Electors an hundred thousand Crowns to choose his Son Wencislaus Emperor and having not ready money to deliver them he morgaged Customs Taxes Tributes and certain Towns unto them L. 1. passim c. de con re alien naucler in Chron. which were the proper appurtenances of the Empire whereon followed much and vehement contestation most men holding this ingagement void And questionlesse it had been so declared but for the profit that those reaped thereby which ought principally to have maintained and held intire the rights and dignities of the Empire And it followed also that Wencislaus was justly held uncapable of the government of the Empire chiefly because he suffered the rights of the Empire over the Duchy of Millen to bewrested from him There is a Law very ancient in the Kingdom of Polonia which prohibits the alienating of any of the Kingdoms Lands the which also C intellecto de jure jurando in Decretal Polidor Virgil. In cod His part 5. 1. 5. constis 9. was renewed by King Lewis in the yeer 1375. In Hungary in anno 1221. there was a complaint made to Pope Honorius that King Andrew had ingaged the Crown Lands contrary to his oath In England was the same by the Law of King Edw in the yeer 1298. Likewise in Spaine by the Ordinance made under Alphonsus and renewed in the yeer 1560. in the Assemblie of the Estates at Toledo These Laws were then ratified although long time before Custome had obtained the vigor and effect of Law Now for the Kingdom of France whereto I longer confine my self because she may in a sort passe as a pattern to the rest this right hath ever remained there inviolable It is one of the most ancient Laws of the Kingdom and a right born with the Kingdom it self that the Demain may not be alienated the which Law in anno 1566. although but ill observed was renewed There is onely 2. cases excepted the portions or Apennages of the children and brothers of the King yet with this reservation that the right of Vassallage remains Papon Arestor l. 5. ●● 10. Act. 4. alwayes to the Crown in like manner if the condition of War require necessarily an alienation yet it must be ever with power of redemption Anciently neither the one nor the other were of validitie but by the commandment of the States at this day since the Parliament hath been made sedentarie the Parliament of Paris which is the Sect 5. 11. 16. legis regiae 1566. Court of the Peers and the Chamber of Accounts and of the Treasurie must first approve it as the Edicts of Charles the sixt and ninth do testifie This is a thing so certain that if the ancient Kings themselves would endow a Church although that was a work much favoured in those dayes they were notwithstanding bound to have an allowance of the Estates witnes King Childebert who might not endow the Abbey of St. Vincent at Paris before he had the French and Newstrafians consent Clovis the 2d and other Kings have observed the same They Aimonius l. 4. cha 41 c. might neither remit the regalities by granting infranchisements nor the nomination of Prelates to any Church And if any of them have done it as Lewis 11. Philip 4. and Philip surnamed Augustus did in favour of the Churches of Senis Auxera and Nevers the Parliament hath L. peto 69 Sect praedium D. de leg 2. An. 1329. 1360. 1374. 1401. 1583. declared it void When the King is anointed at Reims he swears to observe this Law and if he infringe it that Act hath as much validitie with it as if he contracted to sell the Empires of the great Turk or Sophie of Pe●sia From this spring the Constitutions or Ordinances of Philip 6. of John 2d of Charles 5th 6th and 8th by which they revoke all alienations made by their Predecessors In the Assemblie of the Estates at Tours where King Charles the 8th Anno 1483. 1522. 1531. 1549 1560. by divers Decrees of the Court of Parliament was in person divers alienations made by Lewis 11. were repealed and annihilated and there was taken away from the Heirs of Tancred of Chastel his great Minnion divers places which he had given him by his proper Authoritie This was finally ratified in the last Assemblie of the Estates held at Orleans Thus much concerning the Kingdoms Demean But to the end that we may yet more clearly perceive that the Kingdom is preferred before the King and that he cannot by his own proper Authority diminish the Majestie he hath received from the people nor infranchise or release from his Dominion any one of his Subjects nor quit or relinquish the Soveraigntie of ●he least part of his Kingdom Charlemayn in former times endeavoured to subject the Kingdom Paulus Aemilius lib 3. of France to the German Empire the which the French did couragiously oppose by the mouth of a Prince of Glasconnie and it Charlemayn had proceeded in that businesse it had come to the triall of the Sword In like manner when any portion of the Kingdom was granted Anno 1195. 1●60 1269. 2297. 1303. 1325. 1330. Anno 1360. to the English the soveraigntie was almost alwayes reserved And if sometimes they obtain'd it by force as at the Treatie of Bretignie by the which king John quitted the Soveraignty of Glasconnie and Poyton that agreement was not kept neither was he more bound to do it then a Tutor or Guardian is being prisoner as he was then which for his own deliverance should ingage the estate of his Pupils By the power Anno 1465. of the same Law the Parliament of Paris made void the Treatie of Confl●us by the which Duke Charles of Burgundie had drawn from the king A●niens and other Towns of Picardie In our dayes the same Parliament declared void the Agreement made at Madrid between Anno 1525. Francis the 1. then prisoner and Charles the 5. concerning the Duchie A●●● 1420. M ●u●●●let chap. 225. of Bu●gundie But the donation made by Charles the 6. unto H●n king of England of the kingdom of France after his decease is a sufficient testimony for this matter and of his madnes if there had been no other proof But to leave off producing any further testimonies examples or reasons by what right can the King give or sell away the kingdom or any part of it seeing it consisteth of people and not of earth or L. liber homo 10● D. de ver obl● liem●t● 34 ●●ct ● D. de co●te ●mp l●●e●●●lt C de op●r libert walls and of Free men there can be made no sale nor traffick yea and the Patrons themselves cannot compell the infranchisde servants to make their habitations in other places then themselves

remains the same According to which we know that Charles the fifth of the house of Austria was under Specul Saxon. lib. 3. Vrtic 54. certain conditions chosen Emperour as in the same manner his successors were the summe of which was that he should keep the Lawes already made and make no new ones without the consent of the Electors that he should govern the publick affaires by the advice of the generall Estates nor ingage any thing that belongs to the Empire and other matters which are particularly recited by the Historians When the Emperour is crowned at Aquisgrave the Archbishop of Cullen requires of him in the first place Sleyd lib. 2. 2. If he will maintain the Church if he will distribute justice if he will defend the Empire and protect Widowes Orphans and all other worthy of comp●ssion The which after he hath solemnly sworn before the Altar the Princes also which represent the Empire are asked if they will not promise the same neither is the Emperour anointed nor receives the other Ornaments of the Empire before he have first taken that solemn oath Whereupon it followes that the Emperour is tied absoutely and the princes of the Empire under condition That the same is observed in the Kingdome of Polonia no man will make question who had but seen or heard of the ceremonies and rites wherewith Henry of Anjoy was lately chosen and crowned King of that Countrey especially then when the condition of maintaining of the two Religions the Reformed and the Roman was demanded the which the Lords of the kingdome in expresse termes required of him three severall times and he as often made promise to perform The same is observed in the Kingdomes of Bohemia Hungary and others the which we omit to relate particularly to avoid prolixity Now this manner of stipulation is not onely received in those Kingdomes where the right of election is yet entirely observed but even in those also which are esteemed to be simply hereditary When the King of France is crowned the Bishops of Laon and Beauvois Ecclesiasticall Peeres ask all the people there present whether they desi●e and command that he which is there before them shall be their King Whereupon he is said even then in the stile of the inauguration to be chosen by the people and when they have given the signe of consenting then the King sweares that he will maintaine all the rights priviledges and lawes of France universally that he will not aliene the D●meane and the other Articles which have been yet so changed and accomodated to bad intentions as they differ greatly from that copie which remaines in the Library of the Chapter of Beauvois according to which it is recorded that King Philip the first of that name tooke his Oath at his Coronation yet notwithstanding they are not unfitly expressed Neither is he girded with the sword nor anointed nor crowned by the Peers who at that time weare Coronets on their heads nor receives the Scepter and rod of Justice nor is proclaimed King before first the people have commanded it neither doe the Peers take their oaths of alleageance before he have first solemnly sworne to keepe the Lawes carefully And those be that he shall not waste the publicke revenue that he shall not of his own proper authoritie impose any taxes customes or tributes that he shall not make peace or warre nor determine of State-affaires without the advise of the Councell of State Briefly that he should leave to the Parliament to the States and to the Officers of the Kingdome their authoritie intire and all things else which have been usually observed in the Kingdome of France And when he first enters any Citie or Province he is bound to confirme their priviledges and sweares to maintaine their Lawes and Customes This is straitly observed in the Cities of Tholouse and Rochel and in the Countries of Daulphinie Province and Britaine The which Townes and Provinces have their particular and expresse Covenants and agreements with the Kings which must needs be voyde if the condition expressed in the Contract be not of force nor the Kings tied to the performance There is the forme of the Oath of the ancient Kings of Burgundie In Annal. Burgund yet extant in these words I will protect all men in their rights according to Law and justice In England Scotland Sweden and Denmarke there is almost the same custome as in France but in no place there is used a more discreet care in their manner of proceeding than in Spaine For in the Kingdome of Arragon after the finishing of many Ceremonies which are used between him which represents the Justitia major of Arragon which comprehends the majestie of the Common-wealth seated in a higher seate and the King which is to be crowned who sweares fealtie and does his homage and having reade the Lawes and conditions to the accomplishment whereof he is sworne Finally the Lords of the Kingdome use to the King these words in the vulgar Language as is before expressed page 60. Nos qui valemos tanto como vos y podemos mas que vos vos elegimos kei con estas è y estat conditiones entra vos y nos un que manda mas que vos Wee which are as much worth as you and have more power than you choose you King upon these and these conditions and there is one between you and us which commands over you But least the King should thinke he swore onely for fashion sake and to observe an olde custome every third yeare in full assemblie of the Estates the very same words and in the same manner are repeated unto him And if under pretext of his royall dignitie he become insolent violating the Lawes and neglect his publick faith and promise given then by the priviledge of the Kingdome he is judged excommunicated as execrable as Julian the Apostata was by the primitive Church which excommunication is esteemed of that validitie that instead of praying for the King in their publick oraysons they pray against him and the subjects are by the same right acquit from their oath of Alleageance as the vassall is exempted from obedience and obligation by oath to his Lord which stands excommunicated the which hath been determined and confirmed In Concil Tolet 4. c. 74. in Tolet. 6. lib. 2. feud tit 28. sect 1. both by act of Councell and Decree of State in the Kingdome of Arragon In like manner in the Kingdome of Castile in full assembly of the Estates the King being readie to be crowned is first in the presence of all advertised of his dutie and even then are reade the Articles discreetly composed for the good of the Common-wealth the King sweares he will observe and keepe them carefully and faithfully which being done then the Constable takes his oath of alleageance after the Princes and Deputies for the Townes sweare each of them in their order and the same is

betweene them and the people it is indifferently permitted all to oppose and depose them and in this rank of Tyrants may those be rang'd who abusing the weakenesse and sloath of a lawfull Prince tyrannously insult over his Subjects Thus much for this to which for a more full resolution may be added that which hath beene formerly discoursed in the second question The fourth question Whether neighbour Princes may or are bound by law to aide the Subjects of other Princes peasecuted for true Religion or oppressed by manifest tyranny VVEe have yet one other question to treat of in the discussing whereof there is more use of an equitable judgement then of animble apprehension and if charity were but in any reasonable proportion prevalent amongst the men of this age the disputation thereof were altogether frivolous but seeing nothing in these dayes is more rare nor lesse esteemed than charity we will speak some-what of this our question We have already sufficiently proved that all Tyrants whether those that seeke to captivate the minds and soules of the people with an erroneous and superstitious opinion in matter of Religion or those that would enthrall their bodies and estates with miserable servitude and excessive impositions may justly by the people be both supprest and expulst But for so much as Tyrants are for the most part so cunning and Subjects seldome so caucelous that the disease is hardly known or at the least not carefully observed before the remedy prove almost desperate nor thinke of their owne defence before they are brought to those straights that they are unable to defend themselves but compeld to implore the assistance of others Our demand therefore is if Christian Princes lawfully may and ought to succour those Subjects which are afflicted for true Religion or opprest by unjust servitude and whose sufferings are either for the kingdome of Christ or for the liberty of their own state There are many which hoping to advance their owne ends and encroach on others rights that will readily embrace the part of the afflicted and proclaime the lawfulnesse of it but the hope of gaine is the certaine and only aime of their purposes And in this manner the Romans Alexander the great and divers others pretending to suppresse Tyrants have oftentimes enlarged their own limits It is not long sin●● we saw King Henry the Second make Wars on the Emperour Charles the Fifth under colour of defending and delivering the Protestant Princes As also Henry the Eighth King of England was in like manner ready to assist the Germans if the Emperour Charles should molest them But if there be some appearance of danger and little expectance of profit then it is that most Princes doe vehemently dispute the lawfulnesse of the action And as the former cover their ambition and avarice with the vaile of charity and piety so on the contrary doe the other call their feare and cowardly basenesse integrity and justice although that piety which is ever carefull of anothers good love no part in the counsels of the first nor justice which affectionately desires the easing of a neighbours griefe in cooling the charitable intendments of the later Therefore without learning either to the one side or the other let us follow those rules which piety and justice trace us out in matter of Religion First All accord in this That there is one only Church whereof Jesus Christ is the head the members whereof are so united and conjoyn'd together that if the least of them be offended or wrongd they all participate both in the harme and sorrow as throughout holy Scripture plainly appeares Wherefore the Church is compared to a body Now it oftentimes happens that the body is not only overthrown by a wound in the arme or thigh but even also much endangered yea and sometimes kill'd by a small hurt in the little finger Vainly therefore doth any man vaunt that this body is recommended to his care and custody if he suffer that to be dismembred and puld in pieces which he might have preserved whole and intire The Church is compared to an edifice on which side soever the building is undermin'd it many times chances that the whole tumbles downe and on what rafter or piece of timber soever the flame takes hold it indangers the whole house of burning he must needs be therefore worthy of scome who should deferre to quench the fire which had cautht his house top because he dwels most in the Cellar would not all hold him for a mad man which should neglect by countermining to frustrate a myne because it was intended to overthrow that wall there and not this here Againe the Church is resembled to a ship which as it sailes together so doth it sinke together insomuch that in a tempest those which be in the fore-cast or in the keele are no more secure than those which remaine at the st●●n or on the decke so that the proverb commonly saies when men runne the like hazard in matter of danger that they venture both in one bottome This being granted questionlesse whosoever hath not a fellow-feeling in commiserating the trouble danger distresse of the Church is no member of that bodie nor domestick in the family of Jesus Christ nor hath any place in the Ark of the covenant of grace He which hath any sense of Religion in his heart ought no more to doubt whether he be oblig'd to aid the afflicted members of the Church than he would be assisted to himselfe in the like distresse for the union of the Church unites us all into one bodie and therefore every one in his calling must be ready to assist the needy and so much the more willingly by how much the Almighty hath bestowed a greater portion of his blessings on us which were not conferr'd that we should be made possessors of them but that we should be dispensers thereof according to the necessity of his Saints As this Church is one so is shee recommended and given in charge to all Christian Princes in generall and to every one of them in particular For so much as it was dangerous to leave the care to one alone and the unity of it would not by any meanes permit that she should be divided into pieces and every portion assign'd unto one particular God hath committed it all intire to particulars and all the parts of it to all in generall not only to preserve and defend it but also to amplifie and encrease it as much as might be Insomuch that if a Prince which hath undertaken the care of a portion of the Church as that of Germany and England and notwithstanding neglect and forsake another part that is oppressed and which he might succour he doubtlesse abandons the Church Christ having but one only Spouse which the Prince is so bound to preserve and defend that she be not violated or corrupted in any part if it be possible And in the same manner as every private person is bound