oath 223 Servitude 414 Sepulchers 557 Ships of enemies 564 Single combate 194 Simplicity 199. 200 Simulation 486 Solemn war 76 Soldier resisting 137 Society 151 Solomons proverbs 252 Soldiers of fortune 461 Spoil 553. 559 Spies 448 Speech 492 Strangers 537 States 90 Stronger 447 Sute 39 Subjection 47. 86. 143. 156 Subjects profit 96 Subjects War 135 Succession 101 Superiors 136. 240 Suppliants 388. 596 Supremacy 137 Suffrance 382 Surety 398 Succour 458 Supplie 480 Sword 26. 72 Swearing 234 T TEmperament 581. 604 Tertullian 51. 157 Temporary right 102 Terrour 599 Theseus 294 Thebaean Legion 65. 158 Thief 68. 189 Tithe 558 Tribute 35. 132 Trajans saying 149 Traitors 166. 304. 508 Truth 490 Tutor 40. 96 Turks 256 Tyranny 95 Tyrant 237 V VAlour 59. 505 Valentian's answer 94 Vengeance 47 Unequal league 123 Voluntary Law 6. 7 Usufructuary 102 Usurper 169 W WAr 1 War private 66 War publick 76 War for punishment 350 War for religion 270 War without cause 409 War doubtful 426 War declined 440. 448 War for others 451. 457 War solemn 76. 518 Waste 553. 604 War unjust 575 Words of Art 261 Women 316. 538. 551. 589 X XEnophon's Cyrus 41 Y. YEa yea 242 Z ZEal 327 THE END Books printed for William Lee and are to be sold at his shop at the Turks-Head in Fleetstreet together with the Prices of some of them ANnotations upon all the New Testament by Edward Leigh Esquire Master of Arts of Magdalen-Hall in Oxford 1650. A Systeme or Body of Divinity in ten Books wherein the Fundamental and main grounds of Religion are opened by Edward Leigh Esquire Master of Arts in Magdalen-Hall in Oxford in Folio 1654. about 240. Sheets The Saints Encouragement in Evil times in 12. 1651. written by the said Author Edward Leigh An Exposition of the Prophecy of Haggee in fifteen Sermons by that famous Divine John Reynolds D. D. in 4. 1649. An exposition of the Psalms of degrees The Young mans Tutor both writ by T. Stint in 8. Heresiography or a Description of all the Heresies Sectaries of these later times of Ranters and Quakers by Eph. Pagit 4. with new Additions 1654. Contemplations Sighs and groans of a Christian published by W. Stiles Esquire of the Inner Temple 12. The Saints Comfort in evill times 12. Gods revenge against Murther in thirty Tragical Histories by J. Reynolds in Fol. Sylva Sylvarum or a Natural History in ten Centuries Whereunto is newly added The History of Life and death or the Prolongation of Life both written by the Right Honorable Francis Lord Verulam in Fol. 1651. The Magnetique cure of Wounds Nativity of Tartar in Wine Image of God in Man Aâ—…o another Treatise of the Errors of Physicians Concerning Defluxions both published in English by Dr. Charleton Physician to the late King 4. 1650. The darkness of Atheism dispelled by the light of Nature written by the said Author in 4. 1653. A Discourse concerning the King of Spains Surprizing of the Valtoline Translated by the Renowned Sir Thomas Roe many times Embassador in Forein parts 4. The Roman Foot and Denaries from whence as from two principles the measure and weights may be deduced by John Greaves of Oxford 8. 1647. A Treatise of the Court Written in French by that great Counsellour De Refuges many times Embassador for the two last French Kings Englished by John Reynolds 8. Amâ—…nta A Pastoral Translated out of Tarquata Tasso 4. The Hebrew Commonwealth Translated out of Petrus Cuneus in 12. 1653. both Translated by Clem. Barksdal Hugo Grotius his two Treatises Of God and his Providence and of Christ and his Miracles together with the said Authors judgment of sundry points controverted in 12. 1653. Certamen Religiosum or a Conference between the late King of England and the late Lord Marquess of Worcester concerning Religion 4. 1652. The Battel of Agâ—…ncourt fought by Henry the fift the miseries of Queen Margaret with other Poems by Mic. Drayton Esquire 8. The Odes of Horace Selected and translated by Sir Thomas Hawkins in 12. 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Lee and some others and are to be sold at the Turks Head in Fleetstreet together with the prices of the said Books THe Christians Warfare againg the Devil World Flesh by John Downam Fol. 16 s. Second Epistle of Saint Peter by Tho. Adams Fol. 1633. 20 s. A sixfold Commentary upon Genesis wherein six severall Translations are compared by Andrew Willet in Fol. 16 s. The Theater of Plants or a large Herbal by John Perkinson Apothecary 2lb Orlando Furioso Englished by Sir John Harrington with the Translators additions of his Epigrams in Fol. 8 s. Mare Clausum by John Selden Esquire of the best Impression in Fol. 6 s. Books printed for William Lee M. Walbanck D. Pakeman and G. Bedell REports or new Cases of Law by John March of Grayes-Inne Barrester 4. 1648. 2 s. 8 d. The Attorneys Academy being the manner of Proceeding in all the Courts of Records at Westminster and other Courts of Law or Equity 4. 1647. 3 s. The learned Argument upon the three learned Readings 1. By the Lord Dyer 2. By Sir J. Brograve 3. By Th. Risden Esquire Writ of Habeas Corpus in Court of Upper Bench with the opinion of the Court thereupon The Touchstone of Common assurances by W. Shepheard Esq of the midde-Temple 4. 1651. 5 s. 6d The book of Oaths and the several Forms thereof both Antient and Modern in 8. 1649. Fleta an antient Manuscript of the Laws of England published in print by John Selden Esq and is to be sold by W. Lee M. Walbanck and D. Pakeman 4. 1647. 8 s. 6 d. Books printed for W. Lee D. Pakeman and G. Bedell and are to be sold at their Shops in Fleet-street BIblia Sacra sive Testamentum vetus ab Jun. Tremelio Fâ—…a Junio ex Hebraeo Latinè redditum Testamentum Novum à Theod. Beza è Graeco in Latinum versum Argumentis Capitum addit is versibusque singulis distinctis seorsum expressis cum
conduces both to our present matter and to many other things lest we strein the Authority of the Hebrew Law beyond its reach XIV That War is not against the Gospel-Law The first Argument OMitting Arguments of less value in our judgement our first and principal proof that the Right of VVar is not wholy taken away by the Law of Christ shall be that of Paul to Timothy I exhort therefore that first of all supplications prayers intercessions and giving of thanks be made for all men For Kings and for all that are in authority that we may lead a quiet and a peaceable life in all godliness and honesty For this is good and acceptable in the sight of God our Saviour who will have all men to be saved and to come unto the knowledge of the truth Here we are taught three things That it is pleasing to God Kings should become Christistians That being made Christians they should remain Kings Wee pray saith Justin Martyr that Kings and Princes together with their regal power may also attain unto a right understanding and in the Book entitled Clement's Constitutions the Church prays for Christian Magistrates Lastly that this is also pleasing to God that Christian Kings should procure for other Christians a quiet life How so The Apostle sheweth in another place He is the Minister of God to thee for good but if thou do that which is evill be afraid for he beareth not the sword in vain for he is the Minister of God a revenger to execute wrath upon him that doth evill By the right of the sword is understood all coercive power as in the Lawyers sometimes yet so that the highest part of it which is the true use of the sword is not excluded For the illustration of this place much light may be had from the second Psalm which although it were verified of David yet more fully and perfectly pertains to Christ as we learn out of the Acts and the Epistle to the Hebrews Now this Psalm exhorts all Kings to receive the Son of God with reverence i. e. to do service to him as they are Kings as Augustin explains it well whose words are to this effect Herein do Kings as they are commanded serve God as Kings if in their Kingdom they command good things forbid evill things not only pertaining to humane society but also to divine Religion And elsewhere How then shall Kings serve the Lord in fear but by prohibiting with religious severity and punishing offences against the commands of the Lord For he serveth one way as a man another way as a King Again Herein therefore doe Kings serve the Lord as Kings when they do him that service which none can do but Kings XV. The second Argument A Second Argument is deliver'd us by St. Paul in the place cited already in some part out of the Epistle to the Romans where the highest power such as the regall is is said to be of God and is called the ordinance of God whence it is inferr'd that obedience and honour is to be given to it and that from the heart and he that resisteth it resisteth God If by Ordinance a thing were to be understood which God only will not hinder as in vicious acts then would there follow thence no obligation either of honour or obedience especially laid upon the conscience nor would the Apostle say any thing where he so much extols and commends this power which might not agree to robbing and stealing It follows therefore that this power be conceiv'd to be ordained by the will of God approoving it whence it further follows that seeing God wills not contraries this power is not repugnant to the will of God revealed by the Gospel and obâ—…iging all men Nor is this Argument avovded because the persons that were in power when Paul wrote are said to have been enemies to Christian piety For first that is not true of all Sergius Paulus Propraetor of Cyprus had given his name to Christ before this time to say nothing of the King of Edessa of whom there is an old tradition grounded as it seems on truth though perhaps a little mixed with fables Moreover the question is not of the persons whether they were impious but whether that function in them were impious we say the Apostle denys that when he saith the function even for that time was ordained of God and therefore to be honoured even within the recesses and secrets of the heart where God alone hath Empire Wherefore both Nero might and that King Agrippa too whom Paul so seriously invites to his Religion might subject himself to Christ and retain the one his regal the other his imperial power a power which without the right of the Sword and of Arms cannot be understood As then of old the Sacrifices according to the Law were pious although administred by impious Priests so Empire is a pious thing although it be in the hand of an impious Prince XVI The third Argument THe third Argument is from the words of John the Baptist who being seriously asked by the Jewish Souldiers many thousands of that Nation served the Romans in their Wars as Josephus and other writers cleerly tell us what they should do to avoid the wrath of God He answered not that they should forsake VVar as he must have answered if that be the will of God but abstain from violence and falshood and be content with their wages To these words of the Baptist containing an approbation of VVar plain enough many answer The Baptists prescripts are so different from the precepts of Christ that we may conceive their Doctrine not to be the same Which I cannot admit for these reasons John and Christ use the same beginning and declare the sum of their doctrine in the same words Amend your lives for the kingdom of Heaven is at hand Christ himself saith the Kingdom of Heaven i. e. the new Law for the Hebrews use to stile the Law by the name of Kingdom began to be invaded from the days of the Baptist. John is said to have preached the Baptism of repentance for the remission oâ—… sins just as the Apostles are said to have done in the name of Christ. Joâ—… requires fruits meet for repentance and threatens destruction to them that bring not forth such fruit He requires works of Love above the Law The Law is saiâ—… to have continued unto John as if 〈◊〉 more perfect doctrine had from him begun And the beginning of the Gospell is deduc'd from John John himself is therefore greater than the Prophets being seâ—… to give saving knowledge to the people and to Preach the Gospell Nor doth 〈◊〉 any where distinguish Jesus from himseâ—… by the difference of precepts only thâ—… things delivered by John more geneâ—…ly and confusedly and in the mannâ—… of rudiments are more plainly and fully declared by Christ the true light but
other way to preserve themselves or because being opprest with want they can have no sustenance orâ—… other terms For if the Campanians 〈◊〉 old being subdued by necessity subjected themselves to the Roman people in this form The people of Campania and the City Capua our Lands the Temples of our Gods all divine and humane things we yield up into your hand O ye Con'cript Fathers and fundâ—… people when they desired to subj a themselves to the dominion of the Romans were not accepted as 〈◊〉 saith what hinders but that a people after the same manner may yield up 〈◊〉 self into the hand of one propotent and over-mighty man Moreover it 〈◊〉 happen that some Father of a Family possessing a large estate of Lands may please to receive no inhabitant 〈◊〉 to his possession but upon such condtion or that some Master having 〈◊〉 great number of servants may manuâ—… and set them at liberty on conditioâ—… that they be subject to his Government and pay him tribute VVhich cases 〈◊〉 not without their examples Tacitâ—… concerning the servants of the Germans saith Every one is Master of his own house and estate The Lord impiâ—…seth and requireth of them as his farmers a rent of Corn or Cattle or cloths and the servant so far is subâ—…ect Adde that as Aristotle hath said some 〈◊〉 are by nature servants i. e. fit for servitude so also some Nations are of this disposition that they know better how to be ruled than how to rule Which the Cappadocians seem to have thought of themselves who preferred the life under a King before the Liberty offer'd them by the Romans and affirmed they could not live without a King So Philostratus in the life of Apollonius saith It is a folly to bestow Liberty upon the Thracians Mysians Getes which they would not gladly accept And moreover some might be moved by the examples of those Nations which for many ages lived happily enough under a Government plainly regal The Cities under Eumenes saith Livy would not have changed their fortune with any free City whatsoever L. 42. Sometimes also the State of the City is such that it cannot be safe unless under the free Empire of One which conceipt many prudent men had of the Roman as the case stood in the time of Caesar Augustus For these causes therefore and the like it may not only possibly but doth usually come to pass that men subject themselves to the Empire and power of another which also Cicero notes in the second of his offices XLIII The same further proved FUrther yet by a just War as we have said afore as private dominion may be acquired so also civil dominion or the right of reigning without dependence Neither do I speak this only in behalf of the Empire of One where that is receiv'd I would not be so mistaken but the same Arguments are of force for conserving the Empire of many where many nobles or states have this same right of supreme power and govern the City the Plebeians being excluded What that no Common-wealth hath ever been found so popular wherein some such as are very poor or foreigners and also Women and Youth are not kept from publick Counsels Besides some States have other people under them not less subject than if they did obey Kings Whence that question Is the Collatin people in their own power and the Campanians when they had yielded up themselves to the Romans are said to be under the power of others Many are the examples to this purpose and they are all of no value if we once grant this that the right of ruling is alwaies subject to the judgement and will of them who are ruled But on the contrary it is evident both by sacred and prophane history that there are Kings that are not inferiour to the people though taken all together If thou shalt say saith God speaking to the people of Israel I will set a King over me and to Samuel Shew unto them the right of the King that shall reign over them Hence is a King called the Anointed over the people over the inheritance of the Lord over Israel Salomon King over all Israel So David giveth thanks to God for subduing his people under him The Kings of the Nations saith Christ bear rule over them And that of Horace is well known Commands of Kings their subjects move And Kings are subject unto Jove Seneca thus describes the three forms of Government Sometimes the people are they whom we ought to fear sometimes if the Discipline of the Common-wealth be so that most things be transacted by the Senate the gracious men therein are feared sometimes single persons to whom the power of the people and over the people is given Such are they who as Plutarch saith have a command not only according to the Laws but over the Laws also and in Herodotus Otanes thus describes a single Empire to do what one pleaseth so as not to be accomptable to any other and Dio Prusaeensis defines a Kingdom to have command without controul Pausanias opposes a kingdom to such a power as must give account to a superiour Aristotle saith there are some Kings with such a right as else where the Nation itself hath over it self and that which is its own So after that the Roman Princes began to take upon them an Authority truly regal the people is said to have conferred upon them all their Authority and power and that over themselves as Theophilus interprets Hence is that saying of M. Antonius the Philosopher None but God alone can be judge of the Prince Dion of such a Prince He is free having power over himself and the Laws that he may do what him pleaseth and what likes him not leave undone Such a kingdom was of old that of the Inachidae aâ—… Argos far different from the Athenian Common-wealth where Theseus as Plutarch tells us acted only the part of a General and Guardian of the Laws in other respects not superiour to the rest Wherefore Kings subject to the people are but improperly called Kings as after Lycurgus and more after the Ephori were established the Kings of the Lacedemonians are said to have been Kings in name and title not really and indeed Which example was also followed by other States in Greece Pausanias Corinth The Argives in love of equality and liberty have long since very much abated the regal power so that they have left the Sons of Cisus and his posterity nothing beside the name of a Kingdom Such Kingdoms Aristotle saith do not make any proper kind of Government because they only are a part in an Optimacy or Populacy Moreover in Nations that are not perpetually subject unto Kings we see examples as it were of a Kingdom temporary which is not subject to the people Such was the power of the
Amymones among the Cnidians and of the Dictators among the Romans in the first times when there was no appeal 〈◊〉 the people whence the Dictators Edict as Livy saith was observed as 〈◊〉 Oracle and there was no help but 〈◊〉 their care of obeying it and the force of the regal power was besieged with the Dictatorship as Cicero speaketh XLIV Arguments to the contrary answered THe Arguments brought on the contrary part are not hard to be solved For first that they affirm the Constituent to be superiour to the Constitutel is true only in that constitution whose effect perpetually depends on the will of the Constituent and not in that which at first proceeds from the will but afterward hath the effect of necessity even as a woman makes to her self a husband by consent whom she must of necessity obey for ever Valentinian the Emperour to the Souldiers who had made him so when they asked somewhat of him which he thought unreasonable gave this answer To elect me to rule over you was in your power O my Souldiers but since you have elected me the thing you ask is at my pleasure not yours You as subjects ought to obey I must consider what is fit to be done Besides the Assumption is not true that all Kings are constituted by the people which may be sufficiently understood by the examples of a Father of a family admitting Tenants on condition of obedience and of Nations overcome in War which above are mentioned Another Argument they draw out of that sentence of Philosophers All Government is for the benefit of them that are govern'd not of them that do govern Whence they think it follows from the Nobilitie of the end that the Governed are superiour to the Governour But neither is that universally true The good of the governed is the end of all Government for some Governments are by themselves for the Rulers sake as that of a Master for the servants profit is there extrinsecal and adventitious even as the Physicians Fâ—…e pertains nothing to the Medicine it self Other Governments there are for mutual benefit as the Husband 's So certain Empires may have for their end the utility of the Kings namely such as are gotten by conquest and are not therefore to be called Tyrannical seeing Tyranny as the word is now taken includes injustice Some also may respect as well his utility that rules as his that is ruled i. e. when an impotent people set over themselves a potent King 〈◊〉 their defense Yet do I not deny that in many Empires is properly respected the profit of the subjects nad true it is which Cicero after Herodotus Herodotus after Hesiod hath deliver'd That Kings were constituted to the end justice may be had And yet it doth not follow thence what they infer that the people are superiour to the King for tutelage also was found out for the Pupils good yet is tuition a right and power over the Pupil Nor is the objection of any moment if 〈◊〉 say the Tutor may be put out of his charge upon mal-administration of the Pupils estate and therefore the same must take place upon the King for this holds in the Tutor who hath a Superior but in Empires because a progress in infinitum is not granted we must by all means make a stop in some person or persons whose faults because they have no Superior Judge God himself testifies that he takes into his peculiar cognizance And he either doth justice upon them if he judgeth it to be needfull or else forbeareth them for a punishment or tryal of the people Excellently saith Tacitus As drougth or excessive rain and other evils of naeture so bear ye patiently the luxury or avarice of Rulers Vices will continue as long as there are men but neither are they continual and they are recompensed by the intermixture of better things And it was a good saying of M. Aurelius Magistrates judge of private persons Princes of Magistrates God of Princes Notable is the place in Gregorius Turonensis where that Bishop thus addresses himself to the King of France O King if any one of us go beyond the bounds of justice he may be corrected by you but if you exceed Who shall chastise you For we speak unto you and you hear us if you will but if you will not who shall condemn you but He who hath pronounced Himself to be JUSTICE Among the doctrines of the Essens Porphyry remembers this That Empire falleth not to any man without Gods especial care Irenaeus very well By whose appointment men are born by his appointment also Kings are constituted fit for the people who in those times are gogovern'd by them There is the same sense in the Constitutions which are call'd Clement's Thou shalt fear the King knowing that he is chosen by the Lord. Nor doth it overthrow these things which we have said that we read the people punished sometimes for the sins of their Kings for this cane not so to pass because the people dd not punish nor restrain the King but because they did at least tacitely consent to his faults Nevertheless it is certain too without that God might use his supreme dominion which he hath over the life and death of every one for to punish the King whose punishment indeed it is to be deprived of his Subjects XLV Of mutual Subjection OThers there are who feign unâ—… themselves a certain mutual subjection so that the whole people ought to obey the King governing well and the King governing ill ought to be subject to the people These men if they did say Things manifestly unjust are not to be done at the Kings command would speak a truth which is acknowledged among all honest men but this includes no coaction or right to command the King And had it been the purpose of any people to divide the power with the King of which we shall say somewhat hereafter such bounds surely ought to have been assigned to either power which might easily be distinguisht by the difference of places persons or affairs But the goodness or illness of act especially in civil matters which oft have an obscure disceptation are not fit to distinguish parts Whence very great confusion cannot but follow whilst under pretence of a good or evill act on the one side the King on the other side the people draw unto themselves according to their right of power the cognizance of the same matter Such a perturbation of things so far as I can remember never any people was so phantastick as to introduce XLVI Cautions for the understanding of the true Opinion The first FAlse opinions being removed it remains that we set down some cautions that may open a way to make a right judgement to whom the right of supreme power in every Nation belongs Our first caution is that we be not deceived with the ambiguous sound of a name or the shew of external things For example
of their own power Yet properly when a people is alienated the men themselves are not alienated but the perpetual right of governing them as they are a people So when the freed servant of a Patron is assigned to one of his children it is not the alienation of a freeman but he transcribes and makes away the right he had over another man Nor is that more firm which they say If a King hath gotten any people by War whereas he subdued them not without the bloud and sweat of his subjects they are rather to be taken for the acquest of the Subjects than of the King For haply the King maintain'd his Army out of his own private substance or out of the profits of that Patrimony which follows his principality for suppose a King hath but the usufruit of that very Patrimony as also of the right of governing the people which hath elected him yet are those fruits his own As it is declared in the civil Law that the fruits of an inheritance which is commanded to be restored are not restored because they arise not from the inheritance but from the Thing Wherefore it may come to pass that a King may have command over some people by a proper right so that he may also alienate them Strabo saith the Island Cythera lying over against Taenarus was by his own private right pertaining to Eurycles Prince of the Lacedemonians So King Salomon gave to Hirom King of the Phenicians twenty Cities not of the Cities of the Hebrews for Cabul which name is attributed to those Cities is seated without the Hebrew bounds Jos. 19. 27. but of those Cities which the conquered Nations enemies of the Hebrews had retained till that day and which partly the King of Egypt Salomon's Father-in-Law had overcome and given as a dowry to him partly Salomon himself had taken in for that they were not inhabited by the Israelites at that time is proved by this argument because after Hirom restored them then at last Salomon carried thither Colonies of the Hebrews So Hercules is read to have given to Tyndareus the Empire of Sparta taken in War upon these terms that if Hercules should leave any children it should be returned to them Amphipolis was given as a dowry to Acamas the Son of Theseus And in Homer Agamemnon promiseth to give Achilles seven Cities King Anaxagoras freely bestowed two parts of his Kingdom upon Melampus Justin saith of Darius He gave by Testament the Kingdom to Artaxerxes to Cyrus certain Cities whereof he was Governour So the successors of Alexander are to be thought every one for his part to have succeeded into that full right and propriety of ruling over the Nations which were subject to the Persians or else themselves to have acquired that power by the right of Victory Wherefore it is no marvell if they assumed to themselves a right of alienation So when King Attalus the Son of Eumenes had by his testament made the people of Rome heir of his Goods the people of Rome under the name of Goods comprehended his Kingdom too And after when Nicomedes King of Bithynia dying had made the Roman people Heir the Kingdom was reduced into the form of a Province XLIX Some highest Empires are not holden fully BUt in Kingdoms which are conferred by the will of the people I grant it is not to be presumed that it was the will of the people that an alienation of his Empire should be permitted to the King Wherefore what Crantzius notes in Unguinus as a new thing that he had bequeathed Norway by his testament we have no reason to disapprove if he respecteth the manners of the Germans among whom Kingdoms were not held with so full a right For wheras Charls the Great and Lewis the pious and others after them even among the Vandals and Hungarians have disposed of Kingdoms in their testaments that had rather the vertue of a commendation among the people than the force of a true alienation And of Charls Ado specifies the same that he desired his testament should be confirmed by the chiefest of France Whereunto that is like which we read in Livie that Philip King of Macedonia when he had a mind to keep Perscus from the Kingdom and in his place to advance Antigonus his Brothers Son visiteâ—… the Cities of Macedonia to commenâ—… Antigonus to the Princes Nor is 〈◊〉 material that the forementioned Lewâ—… is read to have rendred the City Rome to Pope Paschal seeing the Franks mighâ—… rightly render to the people of Rome that power over the City which they had received from the same people 〈◊〉 which people he did sustein as it Weâ—… the person who was Prince of the first order L. A further manifestation of the second caution THe truth of our foresaid note about distinguishing the height of power from the fulness of having it will appear in this that as many highest Empires are not so many not highest are held fully Whence it is that Marquessates and Earldoms are wont to be sold and disposed of by will more easily than Kingdoms Moreover the same distinction shews it self in the Protectorship whilst a King either by non-age or by disease is unable to manage his own power For in Kingdoms that are not Patrimonial the Protectorship belongs to them to whom the Publick Law or in defect thereof the consent of the people doth commend it in Patrimonial Kingdoms to them who are chosen by the Father or by the next of Kin. So we see in the Kingdom of the Epirots which arose from the peoples consent Aribas a Pupil-King had Tutors publikely appointed him and so had the posthume Son of Alexander the Great by the Macedonian Peers But in the lesser Asia gotten by War King Eumenes appointed his Brother to be Tutor to his Son Attalus So Hiero the Father reigning in Sicily ordained by his testament whom he pleased to be Tutors to his Son Hierom. Now whether a King be withall in his private right a Lord of Land as the King of Egypt was after the time of Joseph and the Indian Kings which Diodorus and Strabo speak of or be not this is extrinsecal to his Empire and perteins not to the nature of it wherefore it neither maketh another kind of Empire nor another manner of holding the same Empire LI. A third Observation LEt this be observed in the third place An Empire ceaseth not to be supreme although hee that is to rule promise certain things to the subjects or to God even suâ—… things as pertain to the way of ruling Nor do I now speak of keeping the natural and divine Law adde also that of Nations unto which all Kings are bound though they promised nothing but of certain rules to which without a promise they were not bound The truth of what I say appears by silimitude of a Father
is nothing profitable Here do some more truly I think than appositely to the meaning of the Apostles say these injuries are profitable to us because the patience shall not go without reward To me the Apostle seemeth to have considered the universal end proposed to that order which is the publique tranquillity wherein also is comprehended the peace of every one And truly 't is not to be doubted but that for the most part we attain unto this good by the publique powers for no man wisheth ill unto himself now the Rulers fecilitie consisteth in the felicitie of his subjects Let there be whom thou mayst rule said One. The Hebrews have a proverb If there were no Government one man would devour another alive Which sense is in Chrysostom too Unless Cities had Rulers we should lead a life more wilde than the wilde beasts not biting only but eating us one the other But if at any time Rulers are transported by too much fear or anger or other affections diverting them from the way that leaderh to tranquiility that is to be accounted among accidents less frequent and which as Tacitus saith are recompensed by the intervenience of better things Now Lawes content themselves with bearing a respect to what falleth out for the most part as Theophrastus said whereto is pertinent that of Cato No Law is perfectly commodious this onely is enquired if it be profitable to the greater part and in the main But the things that happen more rarely are notwithstanding to be bound up in common rules because although the reason of the Law in this speciall fact especially hath not place yet the reason abides in its generality whereunto the specials are to be subject For that is better than to live without rule or that the rule be left to every ones pleasure Seneca to the purpose better it was that even the just excuse of a few should not be accepted than that all men should attempt to make some excuse Here also hath place that speech of Pericles never enough remembred Thus I conceive that the Commonwealth which is well in the general is better for particular men than where private estates are flourishing and the publique is sick For he that hath his domestique fortunes wel settled his country being overthrown must needs fall with it But he whose private estate is decayed in a prosperous Commonwealth is thereby much more easily repaired Wherefore when the publique may sustain losses of particular men But particular men cannot make amends for the publique calamities why should we not all joyn together in maintaining the common Interest 〈◊〉 doing as you do while you are astonisâ—… at your private dammage betraying the Commonwealth The sense whereof is in brief express'd by Livy thus The Commonwealth being safe secures the private estates easily in vain shall you keep your own if you betray the publique Non among things concerning the publique the principal no doubt is that order which we have said of ruling and obeying and that cannot consist with a private licence of resisting I desire to explain this by a noble passage in Dio Cassius Truly I think it not becoming that the Ruler of a City should give place to his subjects nor is there hope of safety if they will command whose duty is to obey For consider what order will be in a family if the elder be despised by the yonger What method in a school if the learners care not for the teachers how can the sick recover their health if they will not in all things be obedient to their Physicians how can Seamen escape danger if the Saylors will not hearken to the commands of their Masters For by nature it is necessary and safe for men that some should govern and some be subject LXV The second proof out of S. Peter TO Paul let us add Peter as a fit companion his words are these Honour the King Servants be subject to your Masters with all fear not only to the good and gentle but also to the froward For this is thankworthy if a man for conscience toward God endure grief suffering wrongfully For what glory is it if when ye be buffeted for your faults ye shall take it patiently but if when ye do well and suffer for it ye take it patiently this is acceptable with God And when he confirmes this by the example of Christ. The same sense also is expressed in Clement's Constitutions in these words Let a servant fearing God bear a good affection to his Master though ungodly though unjust Two things are to be noted here First that the subjection due to masters even to the froward is also to be referd to Kings for that which followes built on the same foundation respects no less the office of subjects than of servants Second the subjection requir'd of us is such as carries with it patience of injuries So is it usually said of parents A gentle parent's dear Yet the ungentle bear And a youth that had long frequented Zeno's school being asked What he had learned there answerd To bear my Fathers anger Justin of Lysimachus Witâ—… a good coutage he receiv'd disgrace froâ—… the King as from his father And it 〈◊〉 in Livy As the hardness of parents so iâ—… that of our Countrey to be mollified by patience and sufferance It is said in tacitus The natures of Kings must be endâ—…red and again We must pray that we may have good Emperors and tolerate thâ—… bad LXVI Further proof from the examples of the antient Christians FRom this Law of our Lord the practice of the antient Christians the best interpreter of the Law departeth not For although very ill men often possessed the Roman Empire nor were there wanting who under colour of relieving the commonwealth oppos'd themselves against them yet the Christians never adjoyned themselves to their enterprizes In Clements's Constitutions we read It is unlawfull to resist the Royal power Tertullian in his Apologetique saith Whence are those Cassii Nigri and Albini Whence are they that set upon Caesar between the two laurels whence are they that shâ—…w their palestric art in stopping his breath whence are they that break into the palace armed bolder than all those Sigerii so the MS. plainly in the library of the most worthy Puteans and bolder than the Parthenit They were of the Romans unless I am deceiv'd i. e. of such as were not Christians That which he saith of the palestrick art pertains to the death of Commodus wrought by the hand of a palestrite at the command of the Prefect Aelius Laetus than which Emperour yet scarce any was more wicked Parthenius whose fact likewise is detested by Tertullian was he that had slain the Emperour Domitian To theâ—…e he compares Plautianus the Praetorian Prefect who designed to kill Septimius Severus a very sanguinary Emperour in his palace Against the same Severus took armes as on
on them Valens impiously and cruelly raged against them who according to the holy Scripture and the tradition of the Fathers professed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who although a very great number never defended themselves by force Certainly where patience is prescribed us we see the example of Christ is oft brought in and even now we heard it alleged by the Thebaean soldiers as an example to be imitated by us the example I say of Christ whose patience extended it self even to the Death And he that so loseth his life is truly pronounced by Christ to have sav'd it LXXII In what cases force it lawfull against a Prince WE have said Resistence is not lawfull against the highest powers Now lest the Reader think they offend against this rule who indeed offend not we must adde some advertisements First then Princes that are under the people whether from the beginning they received such power or afterward it was so agreed as at Lacedaemon if they offend against the Laws and the Commonwealth may not only be repelled by force but if need require punished with death which befell Pausanias King of the Lacedemonians And sith the most antient Kingdoms through Italy were of this kinde it is no wonder if after the relation of most cruell things done by Mezentius Virgil addes Then all Etruria flam'd with ajustire And call for the Kings bloud to quench the fire Secondly if a King or any other hath abdicated his Empire or manifestly accounts it as forsaken after that time all things are lawfull against him as against private man Yet is not he to be judged to desert his estate who manageth it somewhat negligently Thirdly 't is the opinion of Barclay if the King alienate his Kingdome or subject it to another he forfeits it I stop For such an act if a Kingdom be conveyed by election or by successory law is null and therefore can have no effect of right Whence also concerning an Usufructuary to whom we have compared such a King it seemes to me the truer opinion of Lawyers that if he yield his right to an extraneous person his act is nothing And as to that that the usufruit reverts to the Lord of the propriety it is to be understood in due time But if a King really attempt even to deliver up or subject his Kingdom I doubt not he may be herein resisted For as we have distinguished afore the Empire is different from the manner of holding it which manner the people may hinder from being changed for that is not comprehended under the Empire Hither you may fitly apply that of Seneca in a case not unlike Though a son must obey his father in all things yet not in that whereby he is made to be no father Fourthly the same Barclay saith a Kingdome is lost if the King be caried with a truly hostile minde to the destruction of the whole people which I grant For the will of ruling and the will of destroying cannot consist together Wherfore he that professeth himself an enemy of all the people thereby abdicates the Kingdom but this seemeth scarce possible to happen in a King that is himself that rules over one people It may happen if he rule over more than one that in favour of one people he may will the ruine of another to make Colonies there Fiftly if a Kingdome be committed whether by felony against him whose Fee it is or by a clause put in the very grant of the Empire that if the King do so or so the subjects be loosed from all bond of obedience in this case also the King falls back into a private person Sixtly if a King hath one part of the supreme power the People or Senate the other part against the King invading that part which is not his a just force may be opposed because so far he hath no power Which I think hath place notwithstanding it be said the power of war is in the King For that 's to be understood of forein war when otherwise whosoever hath part of the supreme authority cannot but have a right to defend that part When this comes to pass the King may also by the Law of war lose his part of the Empire Seventhly if in the conveyance of the Empire it be conditioned that in a certain case resistance may be made against the King although it cannot be supposed part of the Empire is thereby reteined yet is there reteined some naturall liberty and exempted from the Regall power And he that alienateth his right may abate of that right by covenant LXXIII How far we must obey an Invader of anothers Empire WE have considered him which hath or had the right of governing It remaines that we speak of the Invader of Empire not after by long possession or by covenant he hath gotten a right but so long as there continues the cause of possessing it unjustly And truly whilst he is in possession the acts of empire which he exerciseth may have power to oblige not out of his right which is none but from this that it is most probable He that hath the right of governing whether people King or Senate had rather the Invaders commands should prevail and be of force than utter confusion be brought in the Laws and judgments taken away Cicero condemnes Sylla's Laws of cruelty to the sons of the proscribed that they could not seek for honours Nevertheless he thought they were to be observ'd affirming as Quintilian tells us the state of the City so to be contained in these Laws that it could not stand if they were dissolv'd Florus of the same Sylla's acts Lepidus went about to rescind the acts of so great a man deservedly if yet he could without great damage to the Common-wealth And a little after It was expedient for the sick and wounded Common-wealth to take some rest at any hand lest the sores should be opened and bleed tâ—… much in the cure Howbeit in things 〈◊〉 so necessary and which pertain to the establishing of the Invader in his unjuâ—… possession if without great danger obedience may be denied it must not be given LXXIV Whether it be lawfull to â—…d an Invader or expell him by force and in what Cases TO this question we frame this answer First if the Invador by unjust war and such as hath not the requisits according to the Law of Nations hath seised on the government nor hath there followed any agreement or faith given him but his possession is kept onely by force in this case the right of war seemeth to remain and therefore it is lawfull to act against him as against an enemy that may lawfully be slain by any even by a private man Against Traitors said Tertullian and publick enemies every man 's a souldier So also against desertors of the war that run from their colours all persons for the common quiet have a right indulged to
the league made by Solomon is said to be made according to the wisedom which God had given him Indeed the Law of Moses specially commands to do good unto their Countrymen Moreover the peculiar diet and course of life prescribed to the Jews did scarce admit any familiar conversation with other people Yet doth it not follow hence either that it was not lawfull to do good to foreiners or that it was not also laudable which the ill Interpretation of later Masters not rightly hath collected thenee And therefore Juvenal saith of the Jews That they would not shew the way to any differing from them in Religion Where by the example of shewing the way are signified easy courtesies and benefits that may be done without any trouble or charge such as Cicero and Seneca say are to be done to strangers whom we never saw before To the same purpose is that of Tacitus of the same Jews Among themselves they are of obstinate faith and very mercifull to all others they bear an hostile hatred So in the New Testament we often read that the Jews have no dealing with other Nations and Apollonius Mola objected to them that they admitted not those that had different opinions of God nor had any thing to do with men of another institution But that this is not the sense of the Law Christ hath taught us by his own example when being every where most observant of the Law he refused not water from the Samaritan woman And David long before sought for refuge among irreligious people no where reprehended for it Solomon in Josephus dedicating the Temple and praying that God in that place would hear also the prayers of strangers saith We are not of an inhuman disposition nor ill affected to those that are not of our own Nation From this rule are to be excepted not only the Nations before mentiond but the Ammonites too and Moabites of whom it is written Thou shalt not seek their prosperity so we turn it rather than their peace nor their good all thy days In which words beneficent leagues with them are forbidden and not a right of War allowed or to be sure which is the judgment of some Hebrews peace is forbidden to be asked of them not to be accepted when t is offerd Certainly a right of War upon the Ammonites is denyed the Hebrews Deut. 2. 19. Nor did Jephtha carry arms against them but after he had tryed the ways of an equal Peace nor David till he was provoked by cruel injuries It remains that we enquire about society in War That this also before the Law was not unlawfull with prophane Nations appears by the example of Abraham aiding the wicked Sodomites with his arms Nor do we find any thing in this matter generally changed by the Law of Moses And this we see to have been the opinion of the Asmonaeans being both skilful of the Law and very reverent as t is evident by their Religious observation of the Sabbath no other use of arms being permitted but only for self-defense And these yet made a league with the Lacedemonians and Romans by the assent of the Priests and people yea and publickly offerd Sacrifice for their safety Instances to the contrary have peculiar causes For if beside those that were expressed in the Law God had signified by his Prophets any Kings or Nations to be odious to him and condemned to an overthrow to undertake the defense of them or to joyn forces with them was without doubt impiety Hither perteins that of the Prophet to Jehosaphat touching the King of Israel shouldest thou help the ungodly and love them that hate the Lord therefore is wrath upon thee from before the Lord. For Michaia the Prophet had already foretold an unhappy issue of the War And that of another Prophet to Amaziah O King let not the Army of Israel go with thee for the Lord is not with Israel to wit with any of the Children of Ephraim Now that this comes not from the nature of the League but from some peculiar quality of the person is evinc'd even hence because Jehosaphat was heavily rebuked a curse also being added for this that for commerce sake he had joyned himself with Ahaziah King of Israel and had entred into such a society as David and Solomon had made with Hiram whom we have said to have been for that reason partly not reprehended partly commended For what is added that Ahaziah did wickedly ought to be referred to his whole life for which God was offended with him and with all his enterprizes as this history is explained in the book entitled Clement's Constitutions Moreover this is to be noted that their cause who being sprung from Jacob had forsaken God well known unto them was worse than the cause of strangers For against those Revolters the rest of their Countrymen were armed by a Law extant Sometimes also Leagues are blamed for some vice of the mind wrence they did proceed so was Asâ—… reprehended by the Prophet for betaking himself to the society of the Syrian upon distrust of God which he had shewed in sending to the Syrian things consecrated But the same King was reproved too because he had plac'd his hope not in God but in Physicians Wherefore it doth not from this history more follow that it is evil by it self or generally to contract society with such as the Syrians were than to consult with Physicians For many things not unlawfull are vitiated by the mind as David's muster and Ezechia's shewing of his treasure So elswhere confidence put in Egypt is reprehended when it was lawful nevertheless for Solomon to contract affinity with the Egyptian To all which this is to be added that the Hebrews under the state of the old Law had express promises of victory if they kept the Law the less need had they to have recourse unto human aids Lastly there are indeed extant in Solomons Proverbs Sentences not a few of shunning the society of wicked men But these are the Advisos of prudence not Precepts of Law and those very Admonitions as most moral sayings are capable of very many exceptions XLIX Nor are they forbidden by the Evangelical Law NOw the Law of the Gospel hath changed nothing in this business yea it hath a more favorable aspect upon leagues whereby aliens from Religion on just cause are relieved because it hath not left beneficence to all sorts of men upon occasion given only free and laudable but hath put it under precept For by Gods example who maketh his Sun to arise upon the good and evil and sendeth rain to refresh them both we are commanded to exclude no kind of men from our benefits Tertullian said well So long as Israel only was his people God did justly command mercy toward their brethren alone But after that he gave unto Christ the Nations for his inheritance and