in Rufus Henry 1. Steven Henry 2. and Richard 1. did remain purum putum Monarchicum the power of even-down and unmixed Monarchy And though saith he in the reigne of King John that power was lessened yet was there nothing derogated from the King's supremacy and absolutenesse remaining unviolated untill the perjured English rebels at this day have altered and diminished the just greatnesse of the King of England Def. reg cap. 8. Ans I admire that this man knoweth nothing but to rail on them whom he knoweth not Well I cast him over into GOD'S hands and fall to examine what he alledgeth Sure I am notwithstanding all his railing it cannot abide the touch-stone It is known to be a manifest lie which he alledgeth concerning the immediat successours of the Conquerour It is reported in even-down terms that these kings of whom Salmasius expresly speaketh esteemed Norman Laws established by the Conquerour too rigorous and unjust And therefore before they got the Crown they promised to the people to abrogate them and in place of them to establish the Laws of the Confessour Yea every-one of them promised more then another and to keep themselves within the bounds of Law to the very heart's desire of the people This was not only promised by themselves but also by others in their name And unlesse they had so promised they could never have gotten the Crown They got it upon the expectation of the accomplishment of their promise as the English Histories do abundantly storie And it cannot be denied but Henry 1. did give the Englishes a free Parliament and made it the government of the kingdom So that he is called the first king in England in whose time the power of Parliament was established And as for John it is very well known that because he did not stand to his oath and promise at his Coronation for establishing the ancient Laws of the kingdom but endeavoured to governe after the manner of the Conquerour in an arbitrary and loose way therefore the people rose-up in arms against him and dethroning him did set-up another in his room And whereas this man saith that the ancient Lawes of the kingdom did not derogate from the supremacy and absolutenesse of the king the contrary of that is already proved It seemeth strange to me that he is not ashamed to affirm that what Laws were established by Edward the Confessour and granted by King John were preserved inviolable to this day derogating nothing from the absolutenesse of John's successours Who knoweth not that the liberties of Magna Charta and de Foresta subject the King to Law And because that Henry 3. did not stand to the maintenance thereof after he had given his Oath at a Parliament at Oxford to maintain them inviolable therefore the People took up Arms against him till after many debates between them they caused him often to promise that they should be inviolably observed as well by him as by all other Thus they tied not only him but also his heirs to govern according to the ancient Laws of the Kingdom And because Edward 2. did act against these Laws following the counsel of Peter Gaveston and the two Spensers therefore he was imprisoned and dethroned after several conflicts between him and the People 'T is remarkable that the People refused to crown him till firstly he did put P. Gaveston from him And likewise Edward 5. was deposed after he had reigned two moneths and eleven dayes and was obscurely buried in the Tower of London Where then I pray you is the absoluteness of the King of England Inst 6. Vnder Edward 4. saith Salmasius it was enacted That the King might erect a publick Judgmet-seat by his Letters patent in any part of the kingdom he would Vnder Henry 7. it was enacted and declared That the King had a full power in all Causes in administring Justice to every one In the first year of Edward 6. a Statute was made declaring all authority both Spiritual and Temporal to be derived from the King Def. Reg. cap. 9. Answ I must needs say This hath more colour of probation then any thing the man as yet hath objected But notwithstanding this he will do well to observe this distinction 1. What is given to the King by way of complement and Court-expression 2. What is giving to him in reality and by way of action The truth is in the first notion there is as much ascribed to the King of England as if he had been indeed an absolute Prince On him you have these Court-Epithets The King of the Parliament The sovereign Lord of the Parliament Yea and the Parliament is called The Parliament of the King He is called The Original both of Spirituall and Temporal power having full power over all causes and persons and to erect Judicatories in any part of the kingdom where he pleaseth This is spoken But what then Examine the matter aright and you will find it but spoken What cannot Court-Parasites and flattering Councellors passe a fair compellation upon their Prince 'T is the least thing they can do to bring themselves in credit with him Read the Parliamentary Acts of Scotland and you will find just as much spoken if not more of the King of Scotland In Parl. 18. Jam. 6. Act. 1. 2. James 6. is called Sovereign Monarch absolute Prince Judge and Governour over all Estates Persons and Causes And yet who dare say but the King of Scotland according to the Law of the kingdom is a regulated and non-absolute Prince But according to the second notion let us examine the strength of these Epithets And so in the first place we fall a-discussing particularly these three Sanctions of which Salmasius speaketh The first saith That the King by his Letters patent may erect Court-Judicatories in any part of the Kingdom where he pleaseth This will never conclude that the King of England hath an absolute power This Act only speaketh of his power of calling inferiour Judicatories What is that to the purpose The King of England had power to call and dissolve the Parliament the highest Judicatory of the Land Yea Henry 1. did ordain and constitute the Parliament Yet notwithstanding that as is shewed already the King of England cannot be called absolute The King of Scotland hath power of giving-out Letters of Caption Parl. Jam. 2. chap. 12. Courts of Regalities are justified by the King's Justice chap. 26. And the Parliament petitioned the King to cause execute the Act anent the Establishment of Sessions for executing Justice chap. 65. The power of the Colledge of Justice is ratified and approved by the King Jam. 5. Parl. Edinb Mar. 17. 1532. But who will therefore call the King of Scotland an absolute King The second Sanction giveth the King full power over all persons and all causes But I pray you doth this give the King power over the Parliament and Laws No verily It only giveth the King power over all persons and estates separatim
Kingdome had or can be warranted by the Law of GOD Indeed I will not say so of Henry 8. for it is known that in his young years he did put the managing of the Kingdom into the hands of the Princes as did others of his predecessors before him And as for Edward 6. I must needs say his times were better then any times of his predecessors But it appeareth to me that as both Henry and he have encroached very far upon the liberties of the Church so called so did they encroach too far upon the liberties of the State But leaving Henry of whose power I find not so much spoken as of Edward I must tell you one thing concerning Edward and it is this Those who write of him and namely Foxe do crie him up beyond all the Kings of England for piety wisdom and learning And Foxe runneth so far out in his commendation that he esteemeth him inferiour to no King though worthy to be preferred to many Whereupon he feareth not to match him with Josiah and put the qualifications of both in one ballance Which maketh me imagine that the foresaid act emitted in Parliament under Edward's reign did passe in his behalfe because of his personall endowments The like act upon that same ground though in respect of him it was meerly pretended without any reality in his person did passe Parl. 18. upon K. Iam. 6. Thus the case is extraordinary We denie not but because of personall endowments Kings may be and have been advanced to greatest power What will this conclude an ordinary president thereof and a standing law therefore No verily There is no consequence from extraordinaries to ordinaries The standing ancient lawes both of England and Scotland are against absolute Princes Of Scotland and of England we have spoken already at length Verily the example of Edward 1. though there were no more may serve to clear our purpose He to repair what was done amisse by his father Henry 3. who was at variance with the people touching the liberties of Magna charta and de foresta did much gratifie the people restoring them to great liberty and abrogating all lawes which did make for the bondage and slavery of the people Howsoever the matter be sive sic sive non these sanctions above-cited by Salmasius do conclude the Parliament to have power above the King The reason is because if we look precisely on these acts what power the King hath is from them They not onely declare but also they enact and ratifie his power to be such such And so the king's power is the creature of the Parliament depending from it as the effect from the cause But sure I am causa est nobilior suo effectu And consequently if the king hath an absolute power by vertue of the Parliament then must the Parliament's power be more absolute for propter quod unumquodque est tale illud ipsum est magis tale And nemo dat quod non habet Inst 7. Bractonus saith Salmasius doth averre that the King hath power over all that is in his kingdome And that those things which concern peace and power do only belong to the Royal dignity Every one saith he is under the King and he is inferiour to none but to GOD as reason requireth In power he ought to be above all his subjects for he ought to have none like him nor above him in the Kingdom De Angl. Monar lib 4. cap. 24. sect 1. lib. 1. cap. 8 sect 8. lib. 2. de Reg. In Rich. 2. stat 18. cap. 5. it is said Corona Angliae libera fuit omni tempore non habet terrenam subjectionem sed immediate subdita est DEO in omnibus rebus nulli alteri Act. 24 Parl. Henr. 8. Regnum Angliae est Imperium ita ab orbe fuit acceptum Act. Parl. 24 Hen. 8. Quod hoc tuae gratiae regnum nullum superiorem sub DEO sed solum tuam gratiam agnoscat Fuit est liberum a subjectione quarumcunque legum humanarum Cap. 9. Ans We stand not to glosse Bracton's words He lived in Henry 3. his dayes And finding the King and States at variance about superiority as a Court-parasit he wrote in behalf of the King as Royallists do now-a-dayes He did just so as they do now Bracton had that same occasion of writing in behalf of the King which Salmasius hath to-day As the late King was at variance with the people of England for claiming absolute power over them so the controversie stood just so in Bracton's time between Henry 3. and the people But I pray you was it not as free to Bracton to flatter Henry as for Salmasius to flatter Charles Leaving this man to himself I hasten to examine the strength of these Acts which Salmasius citeth And in a word they do not plead so much for the absolutenesse of the king as of the kingdom They do not speak de Rege Angliae of the king of England but de corona or Regno Angliae of the Crown or kingdom of England Howsoever none of them doth speak for immunity and exemption to the king of England from municipall but from forraign Laws And therefore they declare the Crown of England to be a free Crown and subject to no other Crown and the kingdom of England to be a free kingdom subject to the Laws of no other kingdom I confesse they declare the king to be above the kingdom and inferiour to none but to GOD. Which is true indeed taking the kingdom in esse divisivo but not in esse conjunctivo Indeed the King is above all in the kingdom sigillatim one by one And in this respect he is inferiour to none but to GOD though taking the kingdom in a collective body he be inferiour thereto Inst 8. In the first year of James his reign in England the Parliament acknowledgeth him to have an undoubted title to the Crown by blood-right And therefore they did swear alleageance both to him and his posterity Whereupon Camdenus saith that the King of England hath supreme power and meer empire De Brit. lib. And Edvardus Cokius saith That according to the ancient Laws of the Kingdom the Kingdom of England is an absolute Kingdom Wherein both the Clergy-men and Laicks are subjected immediatly under GOD to their own King and head Cap. 9. Ans As for that concerning James we make no reckoning of it He was declared the righteous and undoubted heir of the kingdom through the defection and back-sliding of the times What other Kings of England hinted at before that he did execute Because he became King of Great Britain and entered the kingdom of England upon blood-relation therefore flattering Malignant and Antichristian Counsellours did declare his title to the kingdom of England to be of undoubted hereditary right I pray you friend were there not Malignants then as well as now I may say there were moe then then now at least they had greater
scarcely be called it 's own Which maketh me in reason conclude that then there was little time left for exercising Policy and putting Lawes in execution This Polydorus Virgilius telleth in a word whileas he saith that before Henry 1. there were few Conventions made by the Kings amongst the people for ordering according to Law the businesse of the Kingdom Angl. hist lib. 11. Although in an absolute notion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we may say that from Brutus unto Cassivelanus and from Cassivelanus unto William the Conquerour Kingly Government in England was non-absolute and without full power yet we cannot say so in a relative notion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as afterward shall appear 3. As the Kingdom of England was about the dayes of the Conquerour whether a little before or afterward unto this time We deny not but under the reigne of the Conquerour himself Regall Government in England was of a most absolute and arbitrary power In this we take Salmasius by the hand He needed not Def. Reg. cap. 8. to have troubled himself to have cited any Authors for proof thereof Very reason it-self teacheth the point for he subdued England by strength of hand But sure I am a Conquerour may dispose upon a conquered Kingdom according to his pleasure It is an act of favour in him if he do not destroy all much more as an absolute Lord to rule over all In the interim I desire Salmasius to take a view of Polyd. Virg. Angl. hist lib. 9. where he shall find the point evidenced to his heart's desire beyond any Historian he citeth Although in this we go-along with him as we must needs do yet notwithstanding we cannot say so much whether concerning Edward who preceded or those who succeeded him Let it be so that those who succeeded the Conquerour had the same priviledges which the Conquerour did arrogat to himself Yet can it not be denied but according to Edward the Confessour his Lawes or as they are called the ancient Lawes of the Kingdom Kingly Government in England is regulated and not absolute We make the point good from these reasons Firstly because according to these Laws the King of England is not hereditary And therefore we read not that ever Edward did tie the Crown of England to Royall succession I confesse it is alledged that he promised the Crown after him to William the Conquerour who was of neer kinred and great credit with him if he had not children of his own But this is not only improbable in it-self but also it is so judged And why shall we think otherwayes of it seing the Conquerour came not to the Crown of England by blood-right but by meer Conquest having the whole Kingdom of England against him And Polydore saith Hinc colligere licet vel Edovardum non servasse fidem Gulielmo quam à principio de hereditate regni non satis considerate dedisset vel nullum quod verisimilius est fecisse promissum Angl. hist lib. 8. This he gathereth from that which Edward spake to Haraldus whileas he prayed GOD that either he would avert the comming of England into the Conquerours hand or else that he would keep him back from it so long as he lived Therefore to me it is more then apparent that the Confessour did not in his Testament assigne the Conquerour to the Crown albeit Salmasius alledgeth the contrary Def. Reg. cap. 8. What Doth not Polydore tell us that because Edgarus was of young and tender years he was not admitted by the people to reigne And fearing lest the Conquerour should succeed to the Crown they rejoyced greatly that Harald took upon him to reigne in Edward's room Whereat as may be learned from Polydore Edward was not displeased himself but very well satisfied that Harald should succeed to him Whereupon we fear not to say that not onely the power of enkiâ—ging was in the people's hands but also that the Confessour did not promise the Kingdom to the Conquerour after him although the contrary be alledged And is it likely that the people would have so much declined and withstood the Conquerour if Edward had assigned him to the Crown as his heir No verily for they adored him as their Law-giver It is known that Rufus was but third son to the Conquerour and yet he was created King Him the people preferred before Robert his eldest brother What Would they have done so if blood-right by the Law of the Kingdom had been the title to the Crown No verily It is remarkable that Rufus was ordained King and it was not so much as objected that Robert was elder then he he being but the third son to the Conquerour and Robert being the eldest Yea Rufus dying without children they appointed Henry the Conquerours fourth son King as yet passing-by Robert the eldest And which is more though Henry 1. had left in his Testament his daughter Mathildis together with her sons as heirs of the Kingdom yet notwithstanding the people created Steven Nephew to Henry 1. By the authority of Parliament it was ordained that Steven so long as he lived should enjoy the Kingdom of England and that Henry 2. son to Mathildis daughter to Henry 1. should succeed to Steven in the Kingdom of England passing-by any that was begotten by Steven Likewayes the people created John King although K. Richard dying without heirs had left Arthure son to Gaufredus who was elder then John heir to the Crown I might speak more for clearing this purpose but I forbear judging this sufficient Whence it is more then evident that the Crown of England since the dayes of Edward the Confessour by no Law of the Kingdom is hereditary I confesse since that time now and then the Kings eldest son did succeed and was holden as Heâ—r of the Kingdom But this was onely by custome through favour of the Race in which according to the manner of Nations which I must needs call an abuse very ordinarily the first-born is preferred as the onely lawfull Heir of the Crown Therefore seing the Crown of England since that time hath not been at least precisely hereditary to me it seemeth very probable that for that time it hath not been absolute and arbitrary for so the original and fountain-power of enkinging is in the People's hands And consequently in this respect the People are simply above the King as the cause is simply above its effect Philosophers say That causa est nobilior suo effectu And so seing the King of England dependeth from the People no question they have simply a power over him and not he an absolute power over them Secondly Because according to these Laws the liberty of the subject is vindicated and the Prince is subjected to Law Because in Henry 1. his time a Parliament was holden At which time Parliamentary Power by the Law of the Kingdom was declared the Supream and highest Authority for any thing of weight was referred to it So that whatsoever was done
either by the command of the King or of the People it was holden null unlesse it had been ratified by the Parliament In it every one whether King or other Members thereof have alike and equal power of speaking And withall nothing spoken in it is of validity and force unlesse it be concluded on by the major part together with the approbation of the King Polyd. Ang. hist lib. 11. It is observable That by the authority of the Parliament it was ordained That Steven so long as he lived should remain King of England and that Henry 2. afterward should succeed him By whose mediation and authority the debate between Henry and Steven touching the Crown was decided And I pray you how could these things have been unlesse the Parliament had been above the King Inst 4. But saith Salmasius the power af convocating and dissolving the Parliament belongeth to the King of England The power of the Parliament is extraordinary and pro tunc But the power of the King is ordinary and perpetual And likewise the King of England in Parliament hath a negative voice And therefore in many Acts of Parliament he is called the King and Lord of the Parliament and what is ordained is enacted in his Name And so saith he though the King of England doth act according to the Laws of the Kingdom and concurrence of his Parliament yet notwithstanding he is an absolute King Otherwise the Kings of the Jews had not been absolute who had power to do nothing without the consent of the Sanhedrin And Artaxerxes had not been absolute who could not be reconciled to Vasthi because the Law discharged it Yea if Kings were not absolute because they act according to the Law and the advice of their Parliament then Cambyses had not been absolute who conveened a Councel whileas be intended to marry his german sister and demanded of them if there was any such law for allowing such a marriage Def. Reg. cap. 8. 9. Answ Salmasius shall do well to consider these few things 1. What the power of the English Parliament is Which is defined by Camdenus to be made-up of three Estates having the highest and most sovereign power in making Laws confirming Laws annulling Laws interpreting Laws and in doing every thing wherein the good of the Commonwealth is concerned Brit. chorog de Tribun Ang. This is far from Salmasius mind who Def. Reg. cap. 9. opinionateth that the Parliament hath not power over every thing in the Kingdom But Polydore summeth-up the power of the Parliament under these notions First Every thing wherein the good of the Commonwealth is interested is referred to it Secondly Whatsoever is done at the command whether of King or People is of none effect unless it be authorized by the Parliament Thirdly It establisheth and taketh away Laws as it judgeth fit Fourthly Every Member of it hath a-like power and freedom in voicing And what is decreed and enacted by Parliament he calleth it the proper and municipal Law of the Kingdom Seing then the Parliament is the most sovereign and supream power in the Kingdom of England according as it was in old how can it be said That the King of England hath power over it If it be so then you admit two Supream powers and a power above a Supream power which is contradicent The Lacedemonian Ephori were no otherwise above their Kings but because they were invested with the highest and supream power All things were referred to the Parliament even as the Roman Consuls as Festus out of Coelidus saith did refer every thing to the Senate Now because of this the Senate had the highest power and was above the Consuls Ergo seing all matters of the Commonwealth in old in the Kingdom of England were referred to the Parliament no question it had power above the King The Roman Senate is therefore said to have been of the supreamest power Fenest de Magistrat Rom. cap. 1. because neither Kings nor Consuls nor Dictators nor any other Magistrate could do any thing without their advice and counsel Ergo seing whatsoever the King of England or any other of that Kingdom did in old was to no purpose without the authority and approbation of Parliament without all controversie the King of England was subjected to the Parliament Salmasius concludeth the King to be above the Parliament because he alledgeth the Parliament can do nothing without the King Why may not I then conclude the Parliament to be above the King because re ipsa and according to the Law of the Kingdom the King can do nothing without the authority and consent of the Parliament Where then I pray you is the King 's negative voice There is not a Member in Parliament cui aequa loquendi potestas non competit So saith Polyd. Angl. hist lib. 11. What Do you imagine that ever the Parliament could by their authority have drawen-up the foresaid agreement between Steven and Henry 2. unlesse they had had power above the King What they did therein was a direct acting both over Steven their present King and Henry 2. their future King But will you tell me whileas the States of England did seek of K. John to be governed by the ancient Lawes made by Edward the Confessour whether or not were these Lawes Acts of meer pleasure giving the King a liberty to do as he would either to tyrannize over the people or not You can not hold the affirmative because what they demanded of the King was to be restored to liberty to be freed of tyranny Polyd. Vir. Angl. hist lib. 15. And if you hold the negative part then do the ancient Laws of England pull absolutenesse out of the king's hands and subject him to Law Magna charta saith The King can do nothing but by Lawes and no obedience is due to him but by Law And the States of England were so far from permitting John to rule at randome and not according to the ancient Lawes of the kingdom that contrarywise they combined against him entering in oath together to pursue him still on till he should govern according to Law and establish the ancient Lawes of the kingdom Yea albeit that Pope Innocent commanded them to lay-down arms and though upon their deniall thereof they were declared enemies by the Pope they notwithstanding followed on their purpose and cryed-out that they would be avenged by fire and sword on such a wicked tyrant who did so much slight the people Aye which is more they sent into France and from thence brought Ludovick the French king's son and created him king notwithstanding any thing either John or the Pope could do in the contrary Thus they never rested till in sorrow they brought John's head into the grave Where I pray you is the absolutenesse of the king of England whenas the States would not suffer him to govern but according to Law and in denying to do so pursued him in arms unkinging him enkinging another in his room
but not conjunctim as conveened in parliament Which cometh just to that which Aristotle saith alledging that the King hath power over all seorsim but not conjunctim Polit. 3. cap. 11. And he is said to have a full power not because his power is absolute and boundlesse Verily it must not be taken in a simple and absolute notion but in relative and comparative sense It doth not imply the exemption and immunity of the King from Civill and Politick subjection to Law But at the most it pleadeth for exemption to him from forraine power and subjection to forrain laws This is evident by comparing this sanction under Henry 7. with stat 18. Rich. 2. ch 5. Where it is declared that the Crown of England is free without subjection to any other Crown but is onely subject immediatly to GOD in every thing which relateth to the managing of it's Affairs The like is spoken Henry 8. Par. 24. So we find the like fulnesse of power pleaded-for to the King of Scotland ITEM It is thought expedient that since our Soveraign Lord hath full jurisdiction and free empire within his Realm that his Highnesse may make Notares and in time to-come that no Notare made nor to be made by the Emperour's authority have faith in Contracts Civill unlesse he be approved by the King's highnesse Jam. 3. parl ch 38. This exemption is pleaded for to the King of Scots from subjection to the Imperiall Lawes But who I pray you for this will conclude the King of Scots to be an absolute Prince having immunity and freedome from all Lawes whether muncipall and Country-Lawes or forensick and forrain And as for the third sanction the words whereof be these Omnem authoritatem spiritualem temporalem derivari a Rege you shall be pleased concerning it to observe this distinction There be two termes in the act it-self one concerning temporall and another concerning spirituall power We begin at temporall power The King may be called the originall of it two wayes 1. Formally i. e. as if all temporall power were therefore authoritative and juridicall because of the Kingly power it being only in it-self essentially authoritative and commanding This we deny to be the sense of the sanction in respect of temporall power It is not onely repugnant to Magnacharta the ancient Lawes of the Kingdom the nature of Parliaments appointed and ordained in Henry 1. his time to the oaths and promises of Rufus Henry 1. their successours to act and govern according to Law but also to the ordinary practices of the Estates who in maintenance of their Liberties and the ancient Laws of the Kingdom did rise in armes against their Kings and caused them nilled they willed they to subject their necks to the yokes of Law Amongst other of their practices this is very remarkable that albeit they had saluted Ludovick as their King and put him in the room of John yet notwithstanding in the end they declined him and in his stead crowned Henry 3. John's son This speaketh much of the States power above the King 2. Virtually It cannot be denied but in this notion all temporall power dependeth from the King And that two wayes effectively and vindicatively Effectively because the King of England had not onely power of conveening dissolving the Parliament of ordaining inferior Judicatories but also by him the Parliament of England was firstly instituted and ordained Vindicatively because it was his part to patronize and execute the acts of Parliament at least as the main and prime man of maintaining and defending them The like power the Kings of Scotland had also as is clear from their Acts of Parliament But as for the spirituall power of the King of England I stand not much to confesse that he had a formall and Ecclesiastick power in Church-matters and that what power the Church so called had was derived from him It cannot be denied but before the conquest there were Ecclesiasticall Laws made by many Kings of England as Inas Alfred Edward the elder Gythrum Ethelstane Edmund Edgar Aetheldred Canutus and others In the interim this Gentleman shall do well to observe that the King of England had not alwayes this power It cannot be denied but Lanfrancus Anselmus and Berket going to complain on their Kings and Governours firstly brought the Pope's judiciall authority from Rome into England both over King and people Which supremacy of the Pope over the Church of England untill in and about Henry 8. his dayes who did shake-off the Pope's yoke did continue And so Edward 6. succeeding to him to me it is more then probable that by the foresaid sanction made in his time the ancient power of the Kings of England in Church-matters was taken out of the Pope's hands and put upon the King And it cannot be denied but according to Edward the Confessour's Lawes the King of England had a primary formall and Ecclesiastick power in Church-matters I stand not to grant that But what though I should say that according to this statute made in Edward 6. his time the King of England had a primary and originall power and that formally both in respect of spirituall and temporall jurisdiction yet will it onely conclude an absolutenesse of the King according to Law but not against it It no wayes denudeth the people of a fountain power to defend themselves against the unjust decrees and actings of the King The Roman dictatour had an absolute power in judging and yet it was lawfull for the people to repeal his acts in their own just defence Many times have the People of England defended themselves from their King and stood by their own liberties notwithstanding the King 's acting against them What I pray you is it for me to say that the King of England by this act is called the originall both of spirituall and temporall power under a formall notion Is he not called also the King and Sovereign Lord of the Parliament Is not the Parliament called his Parliament Is not every thing ordinarily acted and emitted under his name Is it not ordinarily said It is ordained by the King with the consent or it the desire of the three Estates It is very seldome said It is ordained by the King and Parliament But I pray you what be these but Court-complements They are words and nothing but words Go confer them with the practice of the Parliament and you shall finde the one just contrary to the other No wonder forsooth because the King getteth more honour then he hath power Trie this and you will find it an ordinary practice Aye which is more cannot a corrupt Parliament through the defection of the times give the King more then what is due to him either by the Law of GOD or by the law of the Nation Know we not that Parl. 18. K. Jam. 6. through the backsliding of the times did advance him to greater priviledges then the King of Scotland by the Law of the
this way to prove it Firstly The people of Israel saith he did seek a King to reign over them after the manner of the Nations But all the Kings of the Nations in these times were absolute and not subject to Law Ergo. The Proposition he proveth from 1. Sam. 8. The Assumption he taketh for granted saying that the Assyrians whose Monarchy was at that time when the Israelites sought a King to reign over them did not restrict their Kings within the bounds of Law Therefore Artabanus Persa much commendeth that Law whereby the Persians enacted that the King should be honoured as the image of GOD. Plut. in vit Themist And Claudianus saith that they gave alike obedience to cruell and tyrannous Kings Yea Otades calleth Monarchy that to which every thing is lawful unpunishably Herodot lib. 3. Then seing the Persians succeeded to the Medes and the Medes to the Assyrians who reigned at that time when the Israelites did seek a King to reign over them it appeareth that as the Persian Monarchy so likewise the Assyrian and Median Monarchies were of an absolute and arbitrary power And Homer who lived as some imagine about that time when the Israelites sought a King from Samuel to reign over them saith that Kings are from Jupiter and those do reign who get authority from the son of Saturn Whom he also calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 divine Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 trained up by Jupiter Therefore Kings in Homer's time were not subject to Law Defens Reg. cap. 2. and 5. Ans Both the Propositions of this Gentlemans Argument seem very strange to us As for the first Proposition we do not deny it for the people of Israel said to Samuel Now make us a King to judge us like all the Nations 1. Sam. 8. But it do h not follow Ergo make us an absolute King as the Nations about us have 1. Because Moses Deut. 17. by the Spirit of prophecie foretelleth their seeking of a King after the manner of the Nations But it is evident that Moses there doth onely prophesie of their seeking a King after the manner of the Nations i. e. that as the Nations about had Kings over them so they might have a King over them in like manner for both Deut. 17. and 1. Sam. 8. the words are general In neither of these it is said Make us an absolute king after the maner of the Nations The words admit a two-fold sense and so they may either signifie As other Nations have Kings so make us a King This sense we allow or as other Nations have absolute Kings so make us an absolute King This sense we deny And so this is a fallacy either ab Homonymia or à figura dictionis 2. We may as well conclude from these words after the manner of the Nations that the people of Israel did seek a non-absolute and regulated King for at that time there were Kings of the Nations who were regulated according to Law We read that Priamus was not only withstood by his own subjects who did steal Helena but also what he did in the matter of Helena's away-taking was according to the advice and counsell of Senators whom Paris with his Complices did over-awe Dict. Cret de bello Tro. lib. 1. And it is observable that Agamemnon and Palamedes though the Kings of Kings were subjected to Law So storie Dictys Cretensis Dares Phrygius Homer and Aristotle Which was at that time when the Jewes did seek a King to reign over them Yea then the Egyptian Kings were subjected to Law Diod. Sic. Rer. Ant. l. 2. c. 3. And it is also evident that at this time the Athenian Monarchy was not absolute So Heraclid de polit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diod. Sic. lib. 5. c. 5. Moreover we do not imagine but there were many other Monarchies at that time which were not arbitrary and of an illimited power We might prove this at length if it were not both tedious and needlesse But Salmasius himself acknowledgeth that then all the Kingdoms of the Orient were of a limited power regulated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And for proof of this he citeth Aristotle pol. lib. 3. c. 10. and 11. 3. The people of Israel did seek a King under very fair pretences They not only alleaged that Samuel was unfit because of his years to govern them according to Law and reason but also they pleaded for a King from the tyrannie of Samuel's sons and their non-governing according to justice and equity Then tell me would they ever have sought a King that he might govern them according to his pleasure whether to tyrannize over them or not Thus they should not onely have palpably contradicted themselves but also they should have cut off from themselves these pretences whereby they urged their purpose in seeking a King 4. To say that the people of Israel did seek an absolute King is to militat directly against these ends which they propounded to Samuel and set before their eyes in seeking a King The ends are three 1. To judge them 2. To conduct them 3. To fight for them and defend them from their enemies These three particular ends do abundantly evidence that they did not seek a King to govern them after the manner of the Nations whether according to Law or contrary to it but that they sought a King to govern them only according to Law and reason I am sure the second and third end imply no lesse And if you say that the first end may take along with it a judging whether according or contrary to Law we do easily obviat this difficultie 1. Because you shall not finde in Scripture where judging is taken for an act of injustice and tyrannie And the Holy Ghost in Scripture expoundeth judgment calling it justice 2. Sam. 8. 2. Had the people of Israel sought a King to judge them whether according to justice or injustice then their arguments whereby they enforced their purpose in seeking a King had been altogether uselesse Samuel haply might have said to them I see now ye do praevaricate in this matter your profession is altogether vain in declaring your selves sensible of my weaknesse and inability for judging you according to justice and equity and of the corruption and iniquitie of my sons in perverting righteous judgment Away might Samuel have said this is nothing but words Whereas ye seek a King to judge you whether according to Law or not ye contradict your own profession and give your selves the lie to your face Yea Salmasius himself doth acknowledge that they did not seek a King to tyrannize over them and to rule contrary to Law and reason Def. Reg. c. 2. But mark how the man straight-wayes giveth himself the lie For saith he they did not deprecat nor abominat an unjust King wicked violent ravenous and such-like as use to be among the Nations though most wicked Ibid. We demand at this Gentleman whether or not they did positively seek such
governed them most gently and amicably Rer. ant l. 2. c. 1. 3 Let it be so many of the Egyptian Kings in old did tyrannize over them and they notwithstanding were not punished and cut-off by the People and inferiour Judges What then That will never conclude their unwillingness and unreadiness to execute judgment on their tyrannous Kings but that they wanted opportunity and power to do such a thing So it went as is said already with the People and inferiour Judges under Amasis tyrannous yoke But so soon as they got the opportunity they verified the old Maxim Quod differiur non aufertur Yea Diadore telleth us That the People did withstand the Priests and those who with-held honourable and solemn burials from the bad Egyptian Kings in old Which affordeth us matter to aver That if the inferiour Judges in Egypt did not execute judgment on their wicked and tyrannous Kings it was not because they were unready to do so but because the People were refractory thereto No question they would much more have withstood the off-cutting of their Kings then the want of solemnities at their death for what is it I pray you that draweth People on to act and engage for their Princes but because they take them up in the notion of half-gods and far above the teach of ordinary men Whereupon they conclude that both their Persons and Authority are altogether inviolable They dote so much upon them that they think they should in no terms be resisted far less cut-off and punished according to their deserts This daily experience teacheth Therefore the People of Egypt would far more have withstood the inferiour Judges in cutting-off their Kings then in denying them sumptuous and stately burials for their offences 4 It is easie to be learned from Diadore that the Egyptians esteemed the want of honourable burials to their Kings more then any punishment could have been inflicted upon them Know this they were a most superstitious People tainted with a world of blind zeal And withall as Diadore storâ—eth the fear of the want of honourable and solemn burials provoked their Kings to live circumspectly and keep themselves within bounds Whereupon we conclude That both King and People thought no punishment more capitall and more hurtfull to the King then the want of an honourable buriall And so the inferiour Judges imagined that in with-holding from tyrannous Kings sumptuous and stately burials they executed more judgment upon them then if they should have brought them to the Scaffold and cause strike the heads from them Therefore if Salmasius shall not admit the third Reason which though it be true in general yet not in this particular case as is most probable though not demonstrative he must needs confess that the Praetors of Egypt not only in their apprehension but also in the up taking both of the King and People acted more against some tyrannous King or other in depriving him of an honourable and sumptuous buriall after his death then the Representative of England did in bringing King Charles to the Scaffold and causing his head to be cut-off As for that which Salmasius saith alledging that Aristotle saith that the Oriental Kings in old did not simply govern 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to Law Well let it be so If they were any wayes subjected to Law as Aristotle in even-down terms confesseth they were it is far from Salmasius his cui quod libet licet Qui legibus solutus est Yea and which is more Aristotle saith That the very government of the Heroes was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to Law and in some things their power was determinat and not absolute This is far from Salmasius his mind who will have the King to be of an infinit and illimited power The man would have a care that he do not speak blasphemy and knoweth not of it I take infinacy in power to be only proper to GOD. And 't is not good to abuse it in applying it to the creature Howsoever I heartily subscribe to what Aristotle saith concerning the Orientall Kings I do not think but in old as namely in and about the dayes of the Heroës Kings as Gods were adored by men But Salmasius must give me leave to say that even then Kings were punished by the People We read how the heroick Theseus was banished by the Athenians Val. Max. l. 5. c. 3. Diod. Sic. rer an t l. 5. c. 5. Plut. in Thes I do not deny but as these Historiographers report as likewise Heraclid de Pol. Ath. Theseus before that time had restored liberty to the Subject and had put Power in the People's hand It is also reported that Agamemnon the King of Kings was thrust from his Charge because he would not suffer his eldest Daughter to be sacrificed to satisfie the fury of Diana for the Roe which he killed feeding about her grove Dict. Cret l. 1. That of Theseus and of Agamemnon were done about the time the Children of Israel did seek a king to reign over them We might also here alledge examples of other ancient kings who were brought into subjection to the sentence of inferiour judges But we pass them as not beseeming the purpose in hand for they are relative to after-ages of latter years then what Aristotle speaketh of Yet we find one example or two more then what we have alledged already answering to this purpose It is reported that Sardanapalus because of his beastliness and sensuality was dethroned by his Subjects Arist Pol. l. 5. c. 10. Metasth an Pers lib. Just l. 1. Diod. Sic. l. 3. c. 7. Miltiades was incarcerated by the Athenians and died in prison Val. Max. l. 5. c. 3. Aemil. Prob. in vit Milt Plut. in vit Cim Albeit he was not the Athenian king yet was he their great Generall and crowned king of Chersonesus Herod l. 6. Aem. Prob. in vit Mil. It is needless to examplifie this any more for afterward it shall be shewed by multiplied examples how that kings in all ages have been brought to the Stage and punished by the People Therefore Salmasius shall do well not to imagine that in old times all Kings were absolute and the inferiour Judge did not sit upon the Bench against any of them And for my self I do not deny but in old Kings were of a vast and absolute power though I cannot be moved to think that either all of them were absolute or any of them so absolute as Salmasius dreameth of But more of this afterward And I do also think that the Assyrian Monarchy caeteris paribus was in it-self rather more then lesse absolute then either the Median or the Persian though by some accidental occurrents as afterward shall appear it was not Indeed it had the first start of them and was in the time wherein Royal Power was more in request then either before or after This makes Aeschylus to call the king of the Argives 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a governour that
with GOD. Diogenes in lib. de Reg. writeth that the King is just so in respect of the Commonwealth as GOD is in respect of the Vniverse And so as GOD hath power over the whole world in like manner the King hath power on earth In like manner Ecphantas calleth it a thing proper to the King to govern himself and to be governed by none Lastly he stepeth-in to shew how that the Roman Kings of old were of a vast and arbitrary power Romulus saith Tacitus governed the Romans as he pleased Pomponius writeth that Kings at the begining of Rome had all poor Dio saith they are unsubject to any Law Plutarch and Justinian will have the Laws subjected to them Which maketh Severus and Attoninus to say Licet legibus soluti simus attamen legibus vivimus Instit lib. 2. tit 17. Plinius in his Panegyricks saith to Trojanus that he subjecteth himself to the Laws And yet as Dio saith he had power to do every thing by himself to command both himself and the Laws to do every thing that he would and not do what he would not And Salust saith that to do every thing unpunishably that is to be a King Def. Reg. cap. 5. Answ I suppose there is not plena enumeratio partium here There were moe Kingdoms then what Salmasius hath reckoned-up Howsoever I shall do my endeavour to find him out And that I may take away the strength of all that he objecteth and leave not so much as the ground-stone thereof I lay down these following Conclusions Conclus 1. Because of extraordinary heroicisme and gallantry of old some were of a simply vast and absolute power and in nothing subject to Law This we make good from the condition of some Kings both before and after the Flood Before the Flood the point is clear About the 500. year of Noah's age which was in the 1556. year of the world Policy began to have some footing for then men began to follow after their own inventions hearts desires and so men then a-dayes being of huge strength and undaunted courage given to pleasure and renown those amongst them who by strength of hand could carry the pre-eminence and precedency over others no less performed it then endeavoured it And Noah was five hundred years old Gen. 5. There were Giants in the earth in those dayes and also after that when the sons of God came-in unto the daughters of men and they bear children unto them the same became mighty men who were of old men of renown Gen. 6. Hence mark these two things 1. That in the 500. year of Noah's age there were men of a gigantine strength mighty men given to hard and warlike exploits minding their own honour and renown 2. That such men lived at random not subject to law nor under the command of any Their extraordinary valour and desire of renown led them on to rule and not to be ruled Therefore they took them wives of all which they chose Gen. 6. Their awless and lawles living maketh the Lord say My Spirit shal not alwayes strive with man Ibid. But the faithful Historian Berosus giveth us great clearness in this matter He saith that before the Flood there was a City called Oenon about Lâ—banus a receptacle of Giants who did reign over the whole world from the Occident to the Orient These saith he confiding in the vast strength and stature of their body having found Arms and Engins of war oppressed all and governed according to their pleasure Antiq lib. 1. After the Flood the first King we read of is Nimrod of whom it is said And Cush begat Nimrod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And the beginning or the head of his Kingdom was Babel and Erech Gen. 10. This Nimrod the holy Ghost calleth a mighy one in the earth or the mighty hunter before the Lord Gen. 10. i. e. a man matchless none like him in the earth for strength and gallantry Because of this he erected a kingdom despising the commaâ—dment of Noah Beros an t lib. 4. and disdaining to be in subjection whether to God or man Joseph an t Jud. lib. 1. cap. 5 his aspiring thoughts drew him on to build a Tower that thereby he might get himself a name to secure himself both before God and man Gen. 11. Phil. Jud. bibl an t lib. And Josephus in even-down termes telleth us that he incited his followers to pride and to the contemning of God telling them that their happinesse did not depend from GOD but from their own proper strength Whereupon at last he tyrannized and governed at randome Ant. Iud. lib. 1. cap. 5. To Nimrod succeeded Belus to Belus Ninus and to Ninus Semiramis in the Kingdome of Assyria Every one of which acted more then another for enlarging their Empire They subdued all and ruled over all libidine dominandi Ber. ant lib. 5. Mnes lib. 97. hist Archil lib. de temp Fab. Pict de aur sec c. lib. 1. Metast lib. de judic temp annal Persic Herod lib. 1. 3. Diod. Sic. rer an t lib. 3. cap. 1 2 c. And as amongst the Assyrians we find these four grand and matchlesse Heroes who governed at random without any subjection to Law so we find amongst other Nations some also of that same stamp Amongst the Egyptians Osiris who succeeded to his Father Chemesenuus in the Kingdom of Egypt commanding the whole earth except these Nations and Kingdoms that were under the Authority of Zames King of Assyria In the eight year of whose reign Osiris returned into Egypt with triumph over all the Nations beside what were under the jurisdiction of the Assyrian Empire And as Osiris did reign as an universall Monarch so did his son Hercules who succeeded Osiris in the Kingdom under the reign of Baleus the eleventh King over the Assyrians Ber. ant lib. 5. We read also of Simandius and Sesostris two Egyptian Kings who subdued the whole world Herod lib 2. Diod. Sic. rer an t lib. 2. cap. 1. But it is very easie to prove from Berosus that Simandius is Osiris and Sesostris is Hercules Amongst the Libyans Dionysius was the great Heros Herodot and Diodore report that he subdued the world and conquered many Kingdoms by battell And Berosus saith that Dionysius gave to Osiris the Kingdom of Egypt Albeit Herodot and Diodore opinionate him to be a Grecian yet I rather incline to the judgment of Berosus who saith he was begotten of Rhea by Hammon and became Jupiter to the Libyans even as his mother was the pretended Goddess of the Egyptians Hesiodus Marcianus and other Grecian Writers hold him as a God and alledge him to have been begotten of Semele by Jupiter Howsoever for valour and strength he was a most extraordinary person and swayed many Kingdomes by his Scepter Amongst the Grecians we find namely two extraordinary Heroes Hercules and Alexander M. What great things were done by Hercules and how he vanquished many Kings and subdued many
free donation of others and by lot or land for the up-taking Thus the colonies were the more oblidged to the conduct and industry of their Leaders Whereas in the plantation of Colonies according to this last sort they are extremely engaged to the endeavour and conduct of their heads and overseers This maketh me think the fondnesse of the people in ascribing too much to their industry hath made them devolve their whole power over upon their Kings who by their conquest and purchase made them a people and possessed them in land Conclus 3. Personall endowments and extraordinary gifts have drawn-on people to devolve an absolute and full power without all reservation upon some men We may make this good from the example of Noah The Scripture acquainteth us with his compleatnesse how that there was none like him in his time Gen. 5 6 7 8 and 9. Yea Berosus talketh much to his praise and commendation ant lib. 1 2 3 4. 5. He holdeth him as a God yea as the first and chiefest of all Gods So did the Italians Myrs de orig Ital. M. Porc. Cat. ex lib. orig frag Fab. Pict de aur saec c. lib. 1. Sempr. de divis It. c. So do Archilochus lib. de Temp. Xenophon de aequiv Metasthenes de judic temp annal Pers lib. But for the clear up-taking of this matter you shall observe with me that in Noah's time about the 131. or 150. year after the flood the whole earth was divided But before this time they were all of one minde without all sedition and division Then men conveniently lived without any Civill and Politick Government for so they lived under Noah as under a common father receiving the Law from his mouth and withall every one of his posterity did know how that nature had laid most strict and neer bonds of relation upon each one to other Whence peace and piety were preserved amongst them Gen. 8.9 and 10. Ber. ant lib. 3. Ios an t Iud. lib. 2. cap. 4. and 5. Men then were given more to Piety then Policy They were little or rather nothing acquainted with the rules of complex Policy They studied more to entertain simple ingenuity and the ties of pure nature then to rule one of them over another Hence saith Archilochus that 250. years after the flood there was a golden age in which Nature it self lived within the bounds of Law without all politick sanction ever and while Ninus and Semiramus by force of Armes began to corrupt the way of Man's living Lib. de temp So saith Mues Phoex Damasc 97. histor and likewise Ovid. Metam lib. 1. But Fabius Pictor nobly storieth to this purpose saying That in the golden age there was no Kingly Government because then the desire of governing had not entered any man's breast De aur saec c. lib. 1. In the interim observe concerning the duration of this golden age there are different opinions Some who alledge Ninus to have been the first that usurped authority and government do reckon it to have lasted 250. years So Mnes hist lib. 97. Xenoph. de aequiv Por. Cat. ex lib. orig frag Pict de aur saec lib. 1. These again who alledge Nimrod to have been the first King and erecter of government after the flood alledge it to have endured 131. years Beros an t lib. 4. Whom both Manetho and Metasthenes do follow But Archilochus halteth between these two opinions Yet we incline to the judgement of Berosus and the Caldean Writers Therefore seing immediatly after the Flood 131. years Noah was honoured by all as a common father no question all power was devolved over upon him And that not onely because of his paternall priviledge which he had over them all but also because of his personall endowments wherein he exceeded all his posterity at that time Therefore nobly saith Fabius Pictor that because those who commanded them were just men and devouted to Religion they were called and esteemed as Gods for then saith he they did not depart from the Law whether the governours or the governed All then of their own accord did hold that which is good either without fear or constraint Shamefastnesse governed the people and Law the Princes De aur sec lib. 1. But by the Princes he doth not understand Kings or politick Governours As you may find it above written he saith in terminis that at that time there were none such Therefore by Princes he understandeth the chief Fathers and the heads of the chiefest Families As Noah his sons and his sons sons Whom indeed these Ethnick Writers which before we have often already cited call and hold as Gods Philo-Judaus giveth us a very large and expresse Catalogue of these Princes and chief heads of Families at that time Bibl. ant lib. what can we say of Noah who was the father of al but that he was also the chief and head of all Whereupon we need not fear to conclude but Noah then had a vast and absolute power And this may be considered two wayes in respect of the obiect of his power 1. In respect of good And so I do not think but he had a power without al limitation to order and govern every thing in an orderly and beseeming way Firstly because he was the common father of all and by nature it-self had the precedency over them Secondly the case then was extraordinary for at that time he was the only man who best knew how to order and govern affairs Men at that time were little or nothing acquainted with Lawes and constitutions Knowledge and Learning were but in their beginnings then Therefore the ignorance of these times necessarily called them to take the word at Noah's mouth who was extraordinarily endowed with grace and knowledge from above None like him in his time All the rest weak and ignorant in respect of him Therefore seing he had the precedency before all not onely in respect of nature but also in respect of gifts and graces and not onely so but likewise all stood in need at that time of information from him no question all the reason in the world maketh for an absolute power in Noah in respect of every good thing Thence it is storied of him that he went abroad from Country to Country planting Colonies and ordering things wherein GOD's honour and the peoples weal were concerned 2. In respect of evill Indeed I will not say that such a Saint of GOD as he did take on him a power to rule at randome and according to his heart's lust I conceive indeed he took upon him an absolute power to govern according to Law but not against Law Neither did he take on him such a power because he delighted to govern and to be above others No verily But because he was necessarily called to govern so Both the precedency in respect of nature and likewise in respect of gifts as also the weakness and ignorance of the times called him
punishment though against the greatest crimes Therefore Salmasius shall not think that those who did not punish their Kings with death were any more favourable to them then those who did bring them to the scaffold and cut-off their heads for he may see that amongst some Nations even a small punishment was thought capital We shall therfore think that the Egyptians of old in with holding stately and glorious burials from their delinquent Kings did esteem that as great if not a greater punishment then if they should have brought them forth and caused cut-off their head Diod. rer an t lib. 2. cap. 3. In Meros they withdrew themselves from the society of their delinquent Kings till through want of company they consumed away in languish This they esteemed a greater punishment and indeed so it was then if they should have brought him to the scaffold Alex. ab Alex. lib. 3. cap. 5. And how the Egyptians plagued Amasis their King is storied already Prop. 1. Ans The Senate amongst the Cumaeans which they called Phylactus holding their Kings by the hand still detained them till they either rewarded them or punished them according to their deserts Alex. ab Alex. ib. The heroick Theseus was banished by the Athenians Val. max. lib. 5. cap. 3. Diod. Sic. rer an t lib. 5. cap. 5. Plut. in Thes Sardanapalus because of his beastliness and sensuality was dethroned by his subjects Arist Po. lit lib. 5. cap. 10. Metasth an Pers lib. Just lib. 1. Diod. Sic. ant lib. 3. cap. 7. And as Herodotus lib. 1. storieth after Sardinapalus was put out of the way both the Assyrians and Medes for a long time were governed without Kings by Popular government The Athenians did cut-off Cylon together with his complices who intruded himself upon the Kingdom or at least endeavoured to do so So did they cut-off Hipparchus son to Pisistratus and also endeavoured the off-cutting of Thessalus another of his sons who succeeded to him in the Kingdom They did also cut-off Cleon together with 1500 with him who had destroyed the Commonwealth Herac. de Pol. Ath. They caused Miltiades to die in prison although he was King of Chersonesus Herod lib. 6. Val. max. lib. 5. cap. 3. Aemil. Prob. in vit Miltiad Plut. in vit Cim And you will find Aristotle tell you in the general concerning Pisistratus and his posterity who were Kings in Athens how they were punished and shut from their Kingdom Pol. 5. cap. 10. Leonidas King of Lacedemonia was banished So was Cleombrotus And Agis was imprisoned and cut-off in prison though I must needs say unjustly Plut. in Ag. Cle. But Aristotle shutteth-up all this in a word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Therefore the Lacedemonians have destroyed many kingly powers Pol. 5. cap. 10. The Syracusians under the conduct of Dion expelled Dionysius and banished him Arist Pol. 5. cap. 10. Aemil. Prob. Plut. in Dion The Carthaginians once banished and at last did cut-off Machaeus Just lib. 18. They also banished Hannibal and forfeited his estate And if he had not stolen away privily they had cut him off Plut. Prob. in Han. Tarquinius superbus C. Caesar and D. Nero were cut-off by the Romans Luc. An. lib. 1. cap. 7. lib. 4. cap. 2. Plut. in C. Caes Carol. M. Suet. in C. Caes Ner. Aurel. victor in Ner. Epit. vit Caes in C. Caes Ignat. Rom. prin in lib. 1. Inst 3. O but saith Salmasius Nero was cut-off not de jure but de facto And saith he there was as great a difference between Charls and Nero as was between the Roman Senators and the English Butchers Def. Reg. cap. 4. Ans This poor man â—oweth not what he would be at His over-word is Did ever any as the Rebels in England cut-off their King Was ever any Nation saith he so monstruous so cruel and so barbarous as the English Rebels Cut-purses and bloody Butchers who dared to put hand in their dread Sovereign Read this man's Book all over and you wil find this to be over-word What Did not the Senat of Rome cut-off Nero And yet saith he never any before did cut-off their King but the English Enthusiasts and giddy-headed Traytours The man needeth not to look upon the off-cutting of Charls as a thing singular If he will not be wilfully deluded he may learn from what foregoeth many examples of punishing and cutting-off delinquent Kings The Question between us is not only whether or not Kings de jure may be cut-off but also whether or not de facto Kings were punished and cut-off by the People Concerning the fact Salmasius cannot get it denied albeit he strives to justle us out of it by changing the state of the question and starting aside from that which for the present is most in hand And I wonder much that the man calleth in question the lawfulness of the fact of the Roman Senat in causing Nero to be cut-off And as for the jus and lawfulness of the Roman Senat 's fact in cutting-off Nero I know not if any beside Salmasius can deny it but an incarnat Devil he was a murderer a paricide a persecuter of the Saints and a destroyer of the Commonwealth And Royallists themselves have not a face to deny that it is lawful to cut-off Tyrants And whereas he saith That there was a difference between Nero and Charls and between the Senatours of Rome and the Representative of England So say I too Nero was an Ethnick but Charls a Christian But friend nomine Christian and re Antichristian In this he was worse then Nero more dangerous at least though not so grosse Nero was a paricide but not Charls Yet let me tell you as they differed in some things they agreed in other things As Nero was an enemy to Christ's reign so was he As Nero was a murderer so was he As Nero was a persecuter of the Saints so was he And as Nero was a destroyer of the Common-wealth so was he And as for the Representative of England they differ from the Roman Senatours in this that they professed friendship to Christ the Roman Senatours in Nero's time were not so And who but enemies to Christ will say That Ethnicks had more power to execute judgment on a Tyrant a persecuter of the Saints and a destroyer of the Commonwealth then such had in executing judgment on a man of that same stamp rather worse then better And to draw home to our own doors we will give you some examples out of the English and Scotish Chronicles how Kings were punished and brought upon the stage Amongst the English Kings we find these Gorboniannus Emeriannus Vortiger Edwine All these were dethroned and put from their Kingdom Edward 2. was imprisoned by the Barons with the help of the young Queen and Prince Edward 5. was dethroned and obscurely buried in the Tower of London Amongst the Scotish Kings we find not a few who were either banished imprisoned or cut-off
And Hercules the Egyptian as Berosus saith coming thorow the Celtes into Italy begot on Galtea whom Nicaeus calleth Celtice with the consent and permission of her parents Galatis or as Nicaeus saith Celtus who was created King over the Celtes And from him they were called Galli Which as is imagined the Latines use for Galatae Howsoever here from it appeareth that the Celtes had not their beeing but their name from Hercules son And so reconciling Parthenius with Berosus we may call Hercules son Galatis-Celtes Whence from his name they were called Galatae or as the Romans say Galli and from his surname Celtae Indeed Bâ—rosus doth not expresse the name of Galtea or Celtice her father unlesse we take Celte who did reign over the Celtes at that time when Hercules came along them Which maketh us opinion at that Galtea or Celtice was daughter to Celte for as Berosus saith with the consent and permission of her parents Galatis was born of her King to the Celtes And who I pray you had power to put such a disposition and right upon Galatis but the King and Queen of the Celtes I warrant you such a thing standing upon consent and renunciation without being obtained by strength of Arms the consent and permission given to Hercules son to reigne over the Celtes was not sought from any inferiour but from him whose interest it was to reign as King I trow it stood not upon the consent and permission of any subject that Hercules son should be born King to the Celtes And consequently Celte at this time being King over the Celtes was Galtea's father by whom it was given that Galatis Hercules son should be born his successor and King after him Therfore following Berosus I conclude that the Celtes were so called from Celte grand-father to Galatis and Galli or Galatae from Galatis nephew to Celte and son to Hercules Yet Nicaeus positively and expressely calleth Celtice or Galtea her father Bretan From whom Hesychius as is said already deduceth the originall of the Britains And this being true it followeth that Britain's Brutus is more ancient then they ordinarily talk-of Although I do fully imagine that Britain hath it's denomination from this Bretan yet I will never think but Britain was inhabited ere ever this Bretan was The Celtes are so called from Celte and Galli or Galatae from Galatis And yet they were a people long before their dayes Verily I think it most likely that Britain hath it's denomination from Bretan and was secondly enpeopled by him for resigning the Kingdom of the Celtes to Hercules son his nephew it is more then apparent that being a King all his life-time before for his own honour and advantage he hath gathered a number of people together out of his own Kingdom and translated them into Britain and there erected a Kingdom This was more honorable and advantageable to him then to live a privat life in subjection to his nephew What can it be imagined but desire of wealth and honour both to himself and his posterity would have drawen him on to such an under-taking No question he being a powerfull King and father-in-law to the great Monarch Hercules on whose son he had conferred a singular courtesie in renouncing the kingdom to him did want nothing that conduced not only for undertaking but also for effectuating such a purpose Wanting his own kingdom Britain a glorious kingdom lying next to France either at that time scarcely en peopled or at least filled with men of rude breeding it cannot come in my mind to think otherwise but this Bretan became Brutus to Britain And this I take to be him about whom they controvert so much Which agreeth with that which is storied saying That the Britans were a people of lesser Britany which is in the Celtick region who in old did inhabit the Isle of Britain Whether you shall imagine this Bretan and Brito to be all one or that the Trojans came into Britain while as they came along into France I remit it to the Reader to judge as a thing arbitrary and indifferent And herein I do not contemn the authority of Waldhave who calleth Britain Brute's Lands Thus concerning the original of Britain firstly and lastly I have offered my judgment freely which being arightly considered doth much serve to reconcile all different opinions in this matter Well whether you say that Bretan came into this Isle with Bretanes or Brutus with Trojans I shall not stand to controvert if he be Brito of whom Hyginus speaketh while as Francus son to Hector came along into France and did reign there what power they had is already shewed but namely concl 2. It being sufficiently proved that Britain was secondly enpeopled by Bretan and very probably concluded to have been enpeopled the third time by fugitive and dispersed Trojans under the conduct of Brito of whom as we may probably say though the contrary may be also holden Hyginus speaketh It now remaineth to consider what power those Kings had who succeeded Bretan and Brito The tract of time which interveened between these two Kings may be easily learned for it is gatherable from Berosus that Bretan erected his kingdom under the reign of Baleus R. Assyr XI in or about the fourteenth or sixteenth year of his reign ann mund 2225 or 2227. and Brito did set-up his kingdom in Britain as may be gathered from Manetbo in or about the first or second year of Teutheus reign King of Assyria XXIX in and about the year of the world 2791 or 2792. Concerning the power of these two Kings we have spoken And we come nextly to speak of the power of those Kings who succeeded them untill the dayes of C. Caesar Out of no ancient Writer we can learn in particular what those Kings were But in the general we learn these two things 1. That in old Britain was governed by Kings 2. That afterward though before Caesars time it was divided into Satrapees and governed by many Princes We take it upon us to illustrate and prove both these The first is evident from Tacitus who saith Olim Regibus parebant To which he immediatly subjoineth Nunc per principes factionibus studiis trabuntur Thus he distinguisheth between the condition of Britain as it was in old and as it was in and about his time In old saith he it was governed by Kings but now being divided into factions it is governed by Princes And therefore in another place he saith a ragibus usque ad priâ—cipes But Salmas by principes understandeth the Roman Caesars Def. Reg. cap. 8. He saith so that he may elude the Government of England by many He would have it to passe if he could get it that it was never governed but by Kings It is no wonder that he be blinded in other things seing he shutteth his eyes at so clear a light as this It cannot be denied but Tacitus speaks of the government of England as it was in old and as
kingly power Here from we draw this Argument That Government is simply and absolutely best and most for the advantage both of Church and Commonwealth which the Lord not only did firstly institute amongst the people of the Jews but also was unwilling to change it and set-up another Government in place thereof But the Lord not only did firstly institute Democracy amongst the people of the Jews but also was unwilling to change it and set-up another Government in place thereof Ergo Democracy simply and absolutely is the best Government and most for the advantage both of Church and Commonwealth The Proposition I suppose cannot be denied for whatsoever is most for the good of Church and Commonwealth is most also for the glory and honour of God And shall not I imagine that the Lord most endeavoureth that which is most for his honour As there is nothing which is so precious in the eyes of God as his own honour so he endeavoureth most to erect preserve and maintain that which most contributeth thereto None will say that the Lord slighteth his own honour and postponeth it to any created interest The Assumption is made good from what foregoeth not only in this but also in the preceding Subsection Secondly from the judgment of the gravest and wisest Philosophs So Solon of whom it is storied 1. That he not only refused himself to reign over the Athenians as King but also he much endeavoured that Pisistratus should not attain thereto This he did for preserving the liberties of the Athenians and popular government amongst them inviolable 2. He wrote severall verses against the Athenians because they had set Pisistratus over them sharply rebuking them that they had gone from the better to the worse 3. Because the Athenians had set-up Monarchy amongst them therefore he left Athens and went into Egypt 4. Not desiring to live under Kingly government he left Egypt Cyprus and Lydia and came into Cilicia where he built a City and called the name of it Solos And it is very observable that Craesus having desired him to come and live beside him he thanked him for his benevolent courtesie But withall he added that if he desired not to live in a free Common-wealth which he had set-up in Cilicia he would choose rather to live with him then in Athens 5. Being desired by Pisistratus to return to Athens he told him he would not lest he should appear an approver of his deed in taking upon him to reign as King 6. He wrote an Epistle to Epimenides wherein he exceedingly regrateth the foolishnesse of the Athenians in translating Democracy into Monarchy 7. He wrote to Periander King of Corinth desiring him to lay-down his Kingly power 8. It is reported that he did institute popular government amongst the Athenians But the simple truth is it was long before instituted by Theseus And by processe of time the Commonwealth and the Laws thereof being corrupted Solon reformed both And as Solon so likewaies all the rest of the Sages did prefer Democracy to any other government Thales wrote to Solon in exile desiring him to come and dwell beside him at Miletum And if he did abominate the Milesian Monarchy there was no-where he could be free of the trouble of Kings And therefore he thought it best he should live with him and his own friends Putting him in mind how that Bias one of the Wisemen had desired him to come to Priene And if he did so he told him they meaning himself the rest of the Sages would flock about him I suppose their sympathizing in affection with Solon doth also insinuat their sympathizing with him in the matter of judgement 'T is storied that the Wiseman Chilo was the first who instituted the Lacedemonian ephori the representative of the people This is controverted Sosicrates saith Chilo did firstly institute the Ephorick Magistracy To this enclineth Laertius de vit Phil. lib. 1 in Chil. Herodot Xenophon and Satyrus say it was instituted by Lycurgus Aristotle and Val. Maximus by Theopompus Howsoever I may determine on either of these two 1. That Chilo was one of that Magistracy himself Which made his brother envie him 2. That not onely Lycurgus and Theopompus but also Chilo acted much for the maintenance and preservation of that Magistracy And in an epistle to Periander he spareth not to say that nothing is secure to a King nor is he happy though he should die in his bed without blood Pittacus one of the Sages after he had reigned about ten years over the Mityleneans willingly resigned the Kingdom Tell me if that man desired not people's liberty who though able to do so would not so much as keep them under an easie yoke for he did govern them according to most wholesome laws and constitutions And in his answer to Craesus he avoucheth that Law is the greatest commander Compare this speech with his practice and you will find he was a great friend to Democracy and people's liberty Cleobulus greatly sympathized with Solon in his exile And in his Epistle to him he desireth him to come and dwell beside him in Lind which he calleth a free City not subjected to Kings and Princes And there saith he you shall be free of all fear at Pisistratus hands Periander one of the Wise-men also though at the first both a King and Tyrant yet at last he appointed a Councell to govern at Corinth Which I must needs think was popular because in even-down terms he saith that popular government is better then Royall And how much he was taken with high and noble thoughts of the Sages and Wise-men doth more then appear from his Epistle directed to them Epimenides in his epistle to Solon saith that the Athenians before Pisistratus reigne being free and governed by most notable laws would not still lye under slavery and bondage Observe he calleth Kingly government servitude and bondage And in the interim he intreateth him to come and dwell beside him in Crete where there was no King to trouble him Anaximenes in his Epistle to Pythagoras commendeth him much for departing from Samos into Croton for avoiding the yoke of Monarchy And withall he regrateth his own condition for being not onely subjected to the Milesian Kings but also threatned by the Median King with bondage albeit the Ionians did contend for the liberty of all This made him dolefully cry out Oh how can I Anaximenes search out Heaven 's secrets being exposed to the hazard of death and bondage And it cannot be denied but Pythagoras was all the way for Democracy 1. Because Anaximenes writing to Pythagoras speaketh of liberty But sure I am Aristocracy doth as much if not more take-away liberty as Monarchy What it is the government of many Kings And the tyranny of many is worse then the tyranny of one 2. Because he went into Crete and Lacedemonia And being fully instructed in their Laws he returned from thence into Croton where he set-up a Councell
the Seat of the Beast Rev. 16.10 i. e. his power and authority which shall be smitten with great darkness his kingdom being full thereof Rev. 16.10 compared with chap. 13.2 A smoke rising out of the pit as the smoke of a great furnace by which the Sun and Air are darkened at the sounding of the fifth Angel while-as a star falleth from Heaven on the Earth Rev. 9.1 2. whence Babylon is overthrown by violence and darkness the day of the Lord upon it being a day of wastness and desolation a day of darkness and gloominess a day of clouds and thick darkness Zeph. 1.15 Shall not the day of the Lord be darkness and not light even very dark and no brightness in it Amos 5.20 And thus with a whirlwind of violence and a cloud of darkness the Lord cometh up from the North Ezek. 1.4 to lay Babylon with all her glory in the dust for as by violence the powers of Babylon are overthrown so by darkness they are hardened in heart contemning the truth blaspheming God and not repenting of their deeds Rev. 16.9 10 11. So that the greater violence is executed against them the more obstinate in wickedness they become blaspheming God his People and Interest Rev. 16.21 Pharaoh-like the more plagued the more hardened As appeareth in some measure at this very hour among the enemies of Zion's Interest The more to day the Egyptians are plagued the more blasphemously do they reproach and are hardened in heart The sixth party plagued is the River Euphrates Rev. 16.12 Concerning which there be these things considerable 1 The up-drying of it Which cannot be understood mystically seeing in no place of Scripture the word Euphrates is taken in a mystical sense It is read twenty times only in the Scriptures and no where is it taken mystically but literally as is more then evident to any that shall enquire after it We must needs therefore say that the River Euphrates shall be dried up the Lord with his mighty wind shaking his hand over it smiting it in the seven streams and making men to go over it dry-shod Isa 11.15 2 The end for which it is dried-up Which is to prepare a way for those Kings that come up from the East or the rising of the Sun Rev. 16.12 And thus there shall be an high way for the remnant of his people which shall be left from Assyria like as it was to Israel in the day that he came up from the Land of Egypt Isa 11.16 Whence the Lord setting his hand again the second time to recover the remnant of his people Israel from Assyria and from Egypt Isa 11.11 shall miraculously deliver them as he did while-as he set his hand the first time in bringing them up from Egypt by the conduct of Moses for as at the first time he dried-up the Red-sea before them so at the second time of their recovery he will utterly destroy the tongue of the Egyptian-sea and dry up the River Euphrates before them smiting it in its seven streams that they may go over it dry-shod Now upon what accompt the people of the Jews are called the Kings of the East you may reade for this The Saints Kingdom sect 7. 3 The engagement the people of the Jews come to as they come up from the East Then do the unclean spirits like Frogs draw forth the Kings of the Earth with their Armies to a day of engagement against the Kings of the East The Paganish Mabumetan and Antichristian spirits Frog-like indeed shall engage all the Heathenish and Mahumetan powers against the four Angels which are bound in the great River Euphrates prepared for a day a month and a year for to slay the third part of men the number of the Army of the Horse-men being two hundred thousand thousand Rev. 9.14 15 16. And thus at this day of engagement Babylon the powers of the Nations with all their Potentates and glory shal be overthrown for in that time when the Lord shall bring again the captivity of Judah and Jerusalem gathering all Nations bringing them into the valley of Jehoshaphat to plead with them there causing his Mighty-Ones the Kings of the East the hundred thousand thousand to come down upon them putting in his sicle the harvest being now ripe Joel 3.1 2 12 13. The Winepresse shall be troden without the City till blood come out even to the Horse-bridles by the space of a thousand and six hundred furlongs Rev. 14.20 Thus Gog and Magog the Beast the false-Prophet the Kings of the Earth and their Armies shall be destroyed in engaging against him who sitteth on the white horse attended with the Armies in Heaven Ezek. 39 8 9. c. Rev. 19.11 12 c. 4 the time of this up-drying and engagement Which is secret and unknown It is a time and season which the Father hath put in his own power Acts 1.7 'T is not for us to know the time when the Kingdom shall be restored again to Israel It cometh as a thief in the night Rev. 16.15 and therefore both secretly and suddenly Let us therefore watch and keep our garments lest we walk naked and they see our shame The seventh party plagued is the Air Rev. 16.17 Which in Scripture is taken three wayes 1 for one of the four Elements Gen. 1.26 2 as it signifieth that which is done in vain and to no purpose 1 Cor. 9.26 chap. 14.9 3 for the power of Satan Eph. 2.2 whose power is airy indeed because of its subtilty and vanity And thus as the Lord poureth-out the vials of his wrath upon the power of the Beast so doth he likewise upon the power of the Dragon for as in the day of vengeance in the reign of the Ancient of dayes while-as Christ reigneth in power the seat and power of the Beast is overthrown by the up-coming of the Kings of the East so in the time of Christ's Personal presence and reign Satan is chained and bound a thousand years that he may deceive the Nations no more till the thousand years be finished Rev. 20.2 3. And this is while-as a great voice cometh-out of Heaven from the Throne saying it is done Rev. 16.17 the Mysterie of God being finished and time being no longer in the dayes of the voice of the seventh Angel Rev. 10.6 7. at whose sounding there be great voices in Heaven saying The Kingdoms of this world are become the Kingdoms of our Lord and of his Christ and be shall reign for ever and ever Rev. 11.15 In the third and last part of the Chapter of which I shall speak but a little the holy Ghost recapitulateth and summeth-up in few words all that he hath spoken at length in the second part of the Chapter in order to the fall and ruin of Babylon from vers 18. to the close In vers 18. is spoken as to the shaking of Babylon by wars and rumors of wars Nation rising against Nation and Kingdom against Kingdom there being tumults and earth-quakes in divers places In vers 19. is spoken of the dividing of Babylon after its shaking into three parts Of the fall of the Nations and of Babylon's utter overthrow and desolation as it is designed in laying the Nations desolate In vers 20. is foretold the overthrow of the Forces Power and Glory of the Nations in bringing into contempt all the Honourable of the Earth In vers 21. is spoken as to the grievousnes of the plagues by which Babylon shal be shaken divided and overturned the Nations their Forces and their mighty Ones shall be destroyed together with men's blaspheming God his Truth and his People thereupon the more plagued being the more hardened as at this time in some measure doth appear FINIS
disobedient but not rebels to Noah They acted against his will but not in despight of his will They took not liberty from him to do his will though they took liberty to do their own will also We can not think that the light of Nature was so far extinguished in them that they did not honour him as their father A debording son as Esau can entertain Isaac with Venison though he walk not in his wayes And I do not think if they had not honoured him as their common father unlesse they had been extraordinarily restrained they had destroyed him and all his followers Sure I am they wanted not power to do so The godly party was but an handful in respect of them What then I pray you could be the ordinary mean of their restraint but their natural respect and affection toward him Nay they honoured him so much that they esteemed him their Coelum their Sol their Chaos the semen mundi yea and the father both of the greater and lesser gods Ber. ant lib. 3. And what we have spoken of Noah the like also may be said of Adam Before the Flood there was also a golden age 1556 years Wherein men lived as under one common father each of them knowing the intimate relations one to another until Monarchy was erected till the close of the 500 year of Noah's age as is shewed already Before which time Adam had died 626 years and Seth 514 years But so long as Adam lived what superiority Noah had over his posterity in the golden age after the Flood Adam had it rather in a more then lesse measure then he Adam was not onely their common father but also he was their first and primary father As we have evinced the truth of this point from examples in Scripture so we may evidence it from examples in humane Histories V. G. The Mitylenians gave to Pittacus an absolute power of governing because of his personal endowments Diog. La. de vit Phil. lib. 1. de Pit Arist Pol. lib. 3. cap. 10. The like power did the Athenians confer upon Solon upon the same accompt Diog. La. de Sol. Plut. in Sol. So it is alledged that James 6. because of his pretended personal endowments obtained an absolute power and a negative voice in Parliament In the interim observe That those who allow absolute Monarchy because of personal endowments do not imagine that Kings have an absolute power because they are Kings but as they are such Kings i. e. Kings not only in respect of station but also in respect of qualification exceeding all others And so they conclude that a King so qualified may very conveniently be entrusted with an absolute power for they apprehend that though such a man have power above Law yet will he not act against Law And likewise they imagine that such a man being in all respects above all men both in respect of station and qualification can no wayes be inferiour to any man Thus Aristotle inclineth to absolute Monarchy of this moulding Pol. lib. 3. cap. 11 12. Conclus 4. Kings in old were of an absolute power without the bounds of all restriction by vertue of purchase and conquest So were the grand Heroes as is shewed already Hence was it that Nebuchadnezzar and the Kings of the Persians had an absolute power over the People of the Jews Conclus 5. Kings in old by meer usurpation and tyranny had an absolute power without any circumscription So Pharaoh had an absolute power over the children of Israel and the wicked Kings of Judah at least of Israel over their people Thus Nebuchadnezzar had an absolute power not only over the people of the Jews but also over all his subjects Of whom it is said Whom he would he slew and whom he would he kept alive and whom he would he set-up and whom he would he put-down Dan. 5. After this manner Ahasuerus and Artaxerxes had an absolute power over the people of the Jews though we deny not but what either of them did act or intend against the Jewes was by the mediation of evil Counsellours So had Herod an absolute power Matth. 2. Jos Ant. lib. 15. Yet we deny not but it was through other men's means more then his own that he had a power to tyrannize and govern at random The ten persecuting Kings Dan. 7. Rev. 13. had an absolute power over the People of God But moe examples of Tyrants you may read Judg. 1. and 9. 2 Sam. 21. Mat. 27. Luke 23. Act. 12. In the books of Apocrypha as Tob. 1. Jude 2. 3. 1 Macc. 10. 2 Mac. 4.14 c. See also Beros Ant. lib. 1. Diog. La. lib. 6. Plut. de Dionys Brus lib. 6. cap. 21. Arist Pol. lib. 5. cap. 10. What needeth us so to accumulate quotations and examples when as it is evident both from divine and prophane writ that there have been almost tot Tyranni quot Reges Conclus 6. Vnlesse it had been for some of these causes above-written there was never at any time any King so absolute but one way or other according to Law his power was restricted In establishing this Conclusion we observe this order Firstly we prove the point from example And in doing so you will do well to observe that examples to this purpose are of a twofold kind 1. There are some which point-out to us That Kings in old were no lesse subject to Law then any of the People 2. Some of them shew to us That though the King's power for the most part hath been absolute yet notwithstanding in some case or other it hath been hemmed-in by Law Of the first kind we have examples both in the dayes of the Heroes and in after-times That in the dayes of the Heroes some Kings were no lesse subjected to Law then the People may be examplified both from the Commonwealth of the Jews as also from the condition of some Kingdoms amongst the Gentiles But we forbear till afterward to speak any thing of the Jewish Commonwealth And amongst the Heathen you have to begin with the ancient and stately Kingdom of Egypt It cannot be denied but the Kings of Egypt in old were most precisely hedged-in by Law Whatsoever they did was according to Law They walked they washed they lay with their wives they did eat and drink according to Law They wrote Letters and dispatched Messages according to Law It was not permitted to them to treasure-up silver to judge or punish any at random and according to their pleasure but as privat men they were subjected to the Laws the yoke of which they did bear patiently willingly submitting themselves thereto and esteemed themselves happy to be subject to them Diod Sic. rer an t lib. 2. cap. 3. This Diodore as he confesseth himself hath from the writings of the Egyptian Priests which he diligently searched as he saith Out of whose writings he giveth us three reasons why the Kings of Egypt were for the most part good and kept
themselves within bounds 1. Because the sons of the chiefest Priests who were the greatest and the most learned of al the rest beyond the age of twenty years were ordained to attend the King day and night By whose on-looking and presence the King was taught reservedness 2. Because the Laws were most exactly and precisely exercised on the King's Person 3. Because the Priests as both before death and after death did celebrate the praises of the good Kings honouring them with hyperbolick encomies so they spake both before and after death to the discommendation and disparagement of the bad and wicked Kings depriving them of stately Exequies at their interring Now the desire of the one and the fear of the other kept them back from extravagency and debording and caused them cheerfully to take with the yoke Ibid. And which is more to be wondered at Sesostris one of the grand and primary Heroes ordained Praetors as Judges to govern in the Land of Egypt Diod. rer an t lib. 2. cap. 1. The care of every thing was cast over upon them Yea Berosus telleth us That Sesostris whom he calleth Hercules delivered Italy from tyranny and slavery Ant. lib. 5. This insinuateth that this Noble Conquerour delighted much to live according to Law when-as he could not endure tyranny to be exercised in a strange Kingdom which he conquered Far lesse I think would he have suffered tyranny to be in his own Kingdom The like also did his father Osiris whom Diodore calleth Simandius in Italy Ber. ant lib. 5. Him Berosus calleth Jupiter the just I conceive he could not have been so called unless he had been a man that walked strictly according to Law And if these two glorious Heroes and noble Conquerours did subject themselves to Law how much more the rest of the Kings of Egypt in old who were far inferiour to them Let it be so these two lived according to the Law ex voluntate but not ex lege yet will it conclude if we compare arightly the highness of them with the lowness of the rest that the rest ex lege were subject to Law So saith Diod. Ant. lib. 2. cap. 3. Where he also saith out of the Egyptian Writers That the Egyptians choosed-out the best men of their chiefest Cities of whom they made-up a Judicatory not inferiour either to the Councel of Athens or the Senat of Lacedemon judging all impartially without respect of persons Aristotle observeth That it is a sign of a well governed Common-wealth where neither tyranny nor sedition is Pol. 2. cap. 9. But we read not but very seldom that in old either of these was in Egypt See Beros an t lib. Maneth de Reg. Egypt lib. Diod. Sic. rer an t lib. 2. cap. 1 2. c. Moreover Aristotle prescribeth it as a rule for preventing sedition and keeping the Common-wealth in its integrity to govern according to Law and to abstain from tyranny Pol. 5. cap. 8. 10. The like do all Politicians together with the consent of Machjavel and Salmasius But it is known that the Kingdom of Egypt as in old there was seldom sedition in it so likewise it endured a long time inviolable Which makes us conclude that the Egyptian Kings kept themselves within bounds refrained from tyranny and walked according to the Law But they could not ordinarily and for a long time have done so unless they had been subordinate and subjected to their Counsellours and Parliament The proverb is Who get Liberty do take Liberty And for the most part it alwayes holdeth good We must not imagine that the Kings of Egypt in the days of the Heroes were singular in this matter The Athenians under Theseus had a Kingly government rather like a Commonwealth then Monarchy Therefore saith Heraclid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 De Pol. Ath. i. e. Theseus having gathered the Athenians together reconciled them making them all of an equall and like authority And Plutarch saith the like But saith he he keeped back the popular government of Athens from confusion differencing between persons and persons De Thes And so Theseus being subject to Law was at last banished by the People Val. max. lib. 5. cap. 3. Diod. ant lib. 5. cap. 5. Plut. in Thes So insinuateth Heraclid in the place above-cited Verily Theseus was both their King and in valour and Heroicisme a second to Hercules the Grecian Yea Agamemnon whom Paterculus and others do call Rex regum was subject to Law albeit Salmasius def reg cap. 5. alledgeth the contrary 1. Because it is reported that he was thrust from his charge because he would not suffer his eldest daughter to be sacrificed to satisfie the fury of Diana for the Roe which he killed feeding about her grove Dict. Cret lib. 1. 2 Because he was put from his Office by common consent of the Officers of the Army and Palamedes put in his room Dict. Cret lib. 1. and Dar. Phr. de exoi Tro. 3 In a Convocation of the general Persons of the Army Agamemnon was greatly upbraided Homer Iliad 9. 4 Because Aristotle likeneth the Laconick Government to Agamemnon's power And for this he citeth that of Homer by us already alledged And the Laconick Government he callech it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most according to Law Pol. lib. 3. cap. 10. I confess with Salmasius that Agamemnon had the potestas belli But what then ergo he had a power in battel whether to destroy the Army or not either to deliver it up to the Enemy or not It no waies followeth I confesse he had an absolute Power in battel to govern according to Law but not both according to it and against it Questionless the Army never gave him such a power as that over them whereby in the time of command he might have disposed upon them as he pleased They still kept a power in their own hands of deposing him and acting against him according to his deserts They deposed him and acted against him upon meer prejudices and groundless apprehensions Ergo far more would they have acted against him if in the time of battel he should have gone about to have sold them unto the Enemy 'T is ridiculous to say that the General of an Army hath power to sell the whole Army to the Enemy and the Army may not resist him in so doing in the time of battel though the Army may withstand him at any other time Sure I am they have more reason to withstand him at that time then at any other for as then they are most in hazard so then they have most reason to stand by their own security and self-preservation It is reported of Achilles That he disdained to be commanded by Palamedes And yet Palamedes was invested with that same power which Agamemnon had Moreover Minos was not only King but also the Law-giver of Crete Heracl de Pol. Cret Nic. Damasc de mor. gent. Cret Val. max. lib. 1. cap. 3. Diod. Sic. rer an t lib. 3. cap.