to their off-springs and that in some Kingdoms and Countries the right of free election seems in a sort buried yet notwithstanding in all well ordered Kingdoms this custome is yet remaining the sons do not succeed the fathers before the people first have as it were a new established them by their new approbation neither were they acknowledged in qualâ—ity as inheriting it from the dead but approved and accounted Kings then only when they were invested with the Kingdom by receiving the Scepter and Diadem from the hands of those who represent the Majesty of the people One may see most evident marks of this in Christian Kingdoms which are at this day esteemed heriditary for the French King he of Spaine and England and others are commonly sacred and as it were put into posession of their authority by the Peeres Lords of the Kingdom and Officers of the Crowne which represent the body of the people no more nor lesse then the Emperours of Germany are chosen by the Electors and the Kings of Polonia by the yavvodes and Pallatines of the Kingdom where the right of Election is yet in force In like manner also the Cities give no royall reception nor entries unto the King but also their inauguration and anciently they used not to count the times of their reign but from the day of their coronation the which was strictly observed in France But least the continued course of some successions should deceive us we must take notice that the estates of the Kingdoms have often preferred the cosen before the sonne the younger brother before the Elder as in France Lewis was preferred before his brother Robert Earle of Eureux Annalos Gillâ—j in like manner Henry before Robert nephew to Capâ—t Nay which is more by authority of the people in the same Kingdom the Crown hath bin transported the lawfull inheritors living from one linage to another as from that of Meroue to that of the Charlemaint and from that of the Charlemains to thaâ— of the Capets the which hath also beene done in other Kingdoms as the best Historians testify But not to wander from France the long continuance and power of which Kingdom may in some sort plead for a ruling authority and where succession seems to have obtained most â—â—putation We read that Pharamond was chosen in the year 419 Pepin in the year 751. Charles the Great and Carleman the sonne of Pepin in the yeare 768 without having any respect to their Fathers former estate Carleman dying in the yeare 772. his portion fell not presently into the posession of his brother Charles the great as it ordinarily happens in the succession of inheritances but by the Ordinance of the people and the estates of the Kingdom he is invested with it the same authour witnesseth that in the yeare 812 Lewis the Courteous although he were the sonne of Charles the great was also elected and in the Testament of Charlimane inserted into the history written by Nanclere Charlemane doth intreate the people to chuse by a geuerall assembly of the Estates of the Kingdom which of his Grand-children or Nephews the people pleased and commaunding the Vncles to observe and obey the Ordinance of the people by meanes whereof Charles the bald nephew to Lewis the courtious and Iudith doth declare himself to be chosen King as Aimonius the French historian recites To conclude in a word all Kings at the first were altogeather elected and those which at this day seeme to have their Crown and Royall authority by inheritance have or should have first and principally their confirmation from the people Briefly although the people of some Countries have been accustomed to chuse their Kings of such a linage which for some notable merrits have worthily deserved iâ— yet we must believe that they chuse the stock it self and not every branch that proceeds from it neither are they so tied to that election as if the successour degenerate they may not chuse another more worthy neither those which come and are the next of that stock are borne Kings but created such nor called Kings but Princes of the bloud royall The whole body of the people is above the King Now seeing that the people chuse and establish their Kings it followeth that the whole body of the people is above the King for it is a thing most evident that he which is established by another is accounted under him that hath established him he which receives his authority from an other is lesse then he from whom he denies his power Potiphar the Egyptian setteth Ioseph over all his House Nebuchadoezzar Danniel over the Province of Babylon Darius the sixscore governors over the kingdom It is coÌ„monly said that Mrs. establish their servants Kings their officers In like manner also the people establish the King as administrator of the CoÌ„mon-wealth Gâ—od kings have not disdained this title yea he had ones themselvs have affected it insomuch as for the space of divers Ages no Roman Emperor if it were not some absolute tyrant as Nero Domitian Caligula would suffer himself to be called Lord Furthermore it must necessarily be that Kings were instituted for the peoples sake neither can it be that for the pleasure of some hundred of men and without doubt more foolish and worse then many of the other all the rest were made but much rather that thâ—se hundred were made for the usâ— and service of all the other And reason requires that he be preferred above the other who was made only to and for his occasion so it is that for the ships saâ—e the owner appoints a pylot over her who sits at the heâ—m and looks that she keeps her course nor run nor upon any dangerous sheilf the pylot doing his duty is obeyed by the Mariners yea of him himself that is owner of the vessel notwithstanding the pâ—lot is a servant as well as the least in the ship from whom he only differs in this that he servs in better place then they do In a Common-weaâ—th commonâ—y compared to a ship the King holds the pâ—nce of pylot the people in general are owners of the vessel obeying the pylot whilest he is â—aâ—eâ—ull of the publique good aâ—though this pylot neither is nor ought to be esteemed other then servant to the publique as a Judge or General in war differs little from other officers but that he is bound to bear greater burdens expose himseâ—f to more dangers By the same reason also which tâ—e King gains by acquist of arms be 〈…〉 possesseth himself of Frontier places in warring on the enemy or that which he gets bâ— eschâ—ats or consistations he gets it to the Kingdom not to himself to wit to the people of whom the Kingdom is composed no more nor less then the servane doth for his master neither may one contract or obâ—iege themseâ—vs to him but by with reference to the authority derived from the people Furthermore there is an infinite sort of people
remains the same According to which we know that Charles the fifth of the house of Austria was under Specul Saxon. lib. 3. Vrtic 54. certain conditions chosen Emperour as in the same manner his successors were the summe of which was that he should keep the Lawes already made and make no new ones without the consent of the Electors that he should govern the publick affaires by the advice of the generall Estates nor ingage any thing that belongs to the Empire and other matters which are particularly recited by the Historians When the Emperour is crowned at Aquisgrave the Archbishop of Cullen requires of him in the first place Sleyd lib. 2. 2. If he will maintain the Church if he will distribute justice if he will defend the Empire and protect Widowes Orphans and all other worthy of compâ—ssion The which after he hath solemnly sworn before the Altar the Princes also which represent the Empire are asked if they will not promise the same neither is the Emperour anointed nor receives the other Ornaments of the Empire before he have first taken that solemn oath Whereupon it followes that the Emperour is tied absoutely and the princes of the Empire under condition That the same is observed in the Kingdome of Polonia no man will make question who had but seen or heard of the ceremonies and rites wherewith Henry of Anjoy was lately chosen and crowned King of that Countrey especially then when the condition of maintaining of the two Religions the Reformed and the Roman was demanded the which the Lords of the kingdome in expresse termes required of him three severall times and he as often made promise to perform The same is observed in the Kingdomes of Bohemia Hungary and others the which we omit to relate particularly to avoid prolixity Now this manner of stipulation is not onely received in those Kingdomes where the right of election is yet entirely observed but even in those also which are esteemed to be simply hereditary When the King of France is crowned the Bishops of Laon and Beauvois Ecclesiasticall Peeres ask all the people there present whether they desiâ—e and command that he which is there before them shall be their King Whereupon he is said even then in the stile of the inauguration to be chosen by the people and when they have given the signe of consenting then the King sweares that he will maintaine all the rights priviledges and lawes of France universally that he will not aliene the Dâ—meane and the other Articles which have been yet so changed and accomodated to bad intentions as they differ greatly from that copie which remaines in the Library of the Chapter of Beauvois according to which it is recorded that King Philip the first of that name tooke his Oath at his Coronation yet notwithstanding they are not unfitly expressed Neither is he girded with the sword nor anointed nor crowned by the Peers who at that time weare Coronets on their heads nor receives the Scepter and rod of Justice nor is proclaimed King before first the people have commanded it neither doe the Peers take their oaths of alleageance before he have first solemnly sworne to keepe the Lawes carefully And those be that he shall not waste the publicke revenue that he shall not of his own proper authoritie impose any taxes customes or tributes that he shall not make peace or warre nor determine of State-affaires without the advise of the Councell of State Briefly that he should leave to the Parliament to the States and to the Officers of the Kingdome their authoritie intire and all things else which have been usually observed in the Kingdome of France And when he first enters any Citie or Province he is bound to confirme their priviledges and sweares to maintaine their Lawes and Customes This is straitly observed in the Cities of Tholouse and Rochel and in the Countries of Daulphinie Province and Britaine The which Townes and Provinces have their particular and expresse Covenants and agreements with the Kings which must needs be voyde if the condition expressed in the Contract be not of force nor the Kings tied to the performance There is the forme of the Oath of the ancient Kings of Burgundie In Annal. Burgund yet extant in these words I will protect all men in their rights according to Law and justice In England Scotland Sweden and Denmarke there is almost the same custome as in France but in no place there is used a more discreet care in their manner of proceeding than in Spaine For in the Kingdome of Arragon after the finishing of many Ceremonies which are used between him which represents the Justitia major of Arragon which comprehends the majestie of the Common-wealth seated in a higher seate and the King which is to be crowned who sweares fealtie and does his homage and having reade the Lawes and conditions to the accomplishment whereof he is sworne Finally the Lords of the Kingdome use to the King these words in the vulgar Language as is before expressed page 60. Nos qui valemos tanto como vos y podemos mas que vos vos elegimos kei con estas è y estat conditiones entra vos y nos un que manda mas que vos Wee which are as much worth as you and have more power than you choose you King upon these and these conditions and there is one between you and us which commands over you But least the King should thinke he swore onely for fashion sake and to observe an olde custome every third yeare in full assemblie of the Estates the very same words and in the same manner are repeated unto him And if under pretext of his royall dignitie he become insolent violating the Lawes and neglect his publick faith and promise given then by the priviledge of the Kingdome he is judged excommunicated as execrable as Julian the Apostata was by the primitive Church which excommunication is esteemed of that validitie that instead of praying for the King in their publick oraysons they pray against him and the subjects are by the same right acquit from their oath of Alleageance as the vassall is exempted from obedience and obligation by oath to his Lord which stands excommunicated the which hath been determined and confirmed In Concil Tolet 4. c. 74. in Tolet. 6. lib. 2. feud tit 28. sect 1. both by act of Councell and Decree of State in the Kingdome of Arragon In like manner in the Kingdome of Castile in full assembly of the Estates the King being readie to be crowned is first in the presence of all advertised of his dutie and even then are reade the Articles discreetly composed for the good of the Common-wealth the King sweares he will observe and keepe them carefully and faithfully which being done then the Constable takes his oath of alleageance after the Princes and Deputies for the Townes sweare each of them in their order and the same is
reverently to serve him He fains also to be exceedingly affected to the publique good not so much for the love of it as for feare of his owne safety Furthermore he desires much to be esteemed just and loyall in some affaires purposely to deceive and betray more easily in matters of greater consequence much like those thieves which maintaine themselves by thefts and robberies cannot yet long subsist in their trade without exercising some parcell of justice in their proceedings Hee also counterfeits the mercifull but it is in pardoning of such malefactors in punishing whereof he might more truly gaine the reputation of a pittifull Prince To speake in a word that which the true King is the Tyrant would seeme to be and knowing that men are wonderfully attracted with and inamoured of vertue hee endeavours with much subtilty to make his vices appeare yet masked with some shadow of vertue but let him counterfeit never so cunningly still the Fox will be known by his taile and although he fawne and flatter like a Spannell yet his snarling and grinning will ever bewray his currish kind Furthermore as a well-ordered Monarchy partakes of the principall Tho. Aquin. in secund secund q. 12. aâ—t 11. commodities of all other governements So on the contrary where tiranny prevailes there all the discommodities of confusion are frequent A Monarchy hath in this conformity with an Aristocraty that the most able and discreet are called to consultations Tiranny and Oligarchy accord in this that their counsels are composed of the worst and most corrupted And as in the Councell Royall there may in a fort seeme many Kings to have interests in the government so in the other on the contrary a multitude of Tyrants alwayes domineers The Monarchy borrowes of the popular government the assemblies of the Estates whither are sent for Deputies the most sufficient of Cities and Provinces to deliberate of and determine matters of State the tiranny takes this of the Ochlocracie that if shee be not able to hinder the convocation of the Estates yet will she endeavour by factious subtilties and pernicious practices that the greatest enemies of Order and Reformation of the State be sent to those Assemblies the which we have known practised in our times In this manner assumes the Tyrant the countenance of a King and tyranny the semblance of a Kingdome and the continuance succeeds commonly according to the dexterity wherewith it is managed yet as Aristotle says we shal hardly reade of any tyranny that hath out-lasted a hundred yearee briefely the King principally regards the publique utility and a Tyrants chiefest care is for his private commodity But seeing the condition of men is such that a King is with much difficulty to be found that in all his actions only agreeth at the publique good and yet cannot long subsist without expression of some speciall care thereof we will conclude that where the Common-wealths advantage is most preferr'd there is both a lawfull King and Kingdome and where particular designes and private ends prevaile against the publique profit there questionlesse is a Tyrant and tiranny Thus much concerning Tyrants by practise in the examining whereof wee have not altogether fixed our discourse on the loose disorders of their wicked and licentious lives a Bartol in tract de tiranct de regim Civt which some say is the character of a bad man but not alwayes of a bad Prince If therefore the Reader be not satisfied with this description besides the more exact representations of Tyrants which he shall finde in histories he may in these our dayes behold an absolute modell of many living and breathing Tyrants whereof Aristotle in his time did much complaine Now at the last we are come as it were by degrees to the chiefe and principall point of the question We have seene how that Kings b To whom it belongs to resist suppresse TyraÌ„ts without title have beene chosen by God either with relation to their Families or their persons only and after installed by the people In like manner what is the duty of the King and of the Officers of the Kingdome how farre the authority power and duty both of the one the other extends and what and how sacred are the Covenants and contracts which are made at the inauguration of Kings and what conditions are intermixt both tacite and express'd finally who is a Tyrant without title and who by practise seeing it is a thing unquestionable that we are bound to obey a lawfull King which both to God and people carrieth himselfe according to those Covenants whereunto he stands obliged as it were to God himselfe seeing in a fort he represents his divine Majestie It now followes that we treate how and by whom a Tyrant may be lawfully resisted and who are the persons that ought to be chiefely actors therein and what course is to be held that the action may be managed according to right and reason we must first speak of him which is commonly called a Tyrant without title Let us suppose then that some Ninus having neither received outrage nor offence invades a people over whom he hath no colour of pretension that Caesar seekes to oppresse his Countrey c Otto Frising Chron. l. 3. c. 7. and the Roman Common-wealth that Popiclus endeavours by murthers and treasons to make the elective Kingdome of Polonia to become hereditary to him and his posterity or some Brunichilde drawes 〈◊〉 lib. â— c. 1. 〈◊〉 Tâ—uâ—on lib. 4. c. 51. lib. 5. c. 1â— lib. 8. c. 29. to her selfe and her Protadius the absolute government of France or Ebroinus taking advantage of Theodericks weaknesse and idlenesse gaineth the intire administration of the State and oppresseth the people what shall be our lawfull refuge herein First The law of nature teacheth and commandeth us to maintaine and defend our lives and liberties without which life is scant worth the enjoying against all injury and violence Nature hath imprinted this by instinct in Dogs against Wolves in Buls against Lions betwixt Pigeons and Spar hawkes betwixt Pullen and Kites and yet much more in man against man himselfe if man become a beast and therefore he which questions the lawfulnesse of defending ones selfe doth as much as in him lies question the law of nature To this must be added the law of Nations which distinguisheth possessions and Dominions fixes limits and makes our confiâ—â—s which every man is bound to defend against all invaders And therefore it is no lesse lawfull to resist Alexander the great it without any right or being justly provoked he invades a Countrey with a mighty Navy as well as Diomedes the Pirate which scoures the Seas in a small vessell For in this case Alexanders right is no more than Diâ—medes his but only hee hath more power to doe wrong and not so easily to be compeld to reason as the other Briefely one may as well oppose Alexander in pillaging a Country as a Theefe in
that which is called the Iustitia Major in Aragon hath the Soveraign authority in it selfe And therefore the Lords which represent the people proceed so far that both at the inaugaration of the King as also at the Assembly of the Estates which is observed every tâ—ird yeer to say to the King in expresse words that which follows We which are as much worth as you and have more power then you chuse you King upon these and these conditions and there is one between you and us which commands over you to wit the Iustitia Major of Aragon which oftentimes refuseth that which the King demands and forbids that which the King â—njoynes In the kingdoms of England and Scotland the Soveraignty seemes to be in the Parliament which heretofore was held almost every yeere They call Parliaments the Assembly of the Estates the kingdome in the which the Bishops Earles Barons Deputies of Towns and Provinces deliver their opinions and resolve with a joynt consent of the affaires of State the authority of this Assembly hath been so sacred and inviolable that the King durst not abrogate or alter that which had been there once decreed It was that which heretofore called and installed in their charges all the chief officers of the kingdome yea and sometimes the ordinary councellers of that which they call the Kings privie Councels In sum the other christian Kingdoms as Hungary Bohemia Denmarke Swedea and the rest they have their officers apart from the Kings and Histories together with the examples that we have in these our times suffâ—ciently demonstrate that these Officers and Estates have knowne how to make use of their authoriâ—y even to the deposing and driving out of the tyrannors and unworthy Kings We must nor therefore esteem that this cuts too short the wings of Royal authority and that it is as much as to take the Kings head from his shoulders We believe that God is Almighty neither think we it any thing diminisheth his power because he cannot sin neither say we that his Empire is lesse to be esteemed because it cannot be neither shaken nor cast downe neither also must we judge a King to be too much abused if he be withheld by others from falling into an errour to which he is over-much inclined or for that by the wisdome and discretion of some of his Councellors his kingdome is preserved and kept intire and safe which otherwise happily by his weaknesse or wickednesse might have been ruined Will you say that a man is lesse healthfull because he is invironed with discreet Physitians which councell him to avoid all intemperance and forbid him to eat such meats as are obnoxious to the stomack yea and which purge him many times against his will and when he resists which will prove his better friends whether these Physitians which are studiously carefull of his health or those Sicophants which are ready at every turn to give him that which must of necessity hasten his end We must then always observe this distinction The first are the friends of the King The other are the friends of Francis which is King The friends of Francis are those which serve him The friends of the King are the officers servants of the kingdom For seeing the King hath this name because of the kingdom and that it is the people which give being and consistence to the kingdome the which being lost or ruined bee must needs ceaâ—e to be a King or at the least not so truly a King or else wee must take a shadow for a substance Without question those are most truly the Kings friends which are most industriously carefull of the welfare of his kingdom and those his worst enemies which neglect the good of the Common wealth and seek to draw the King into the same lapse of errour And as it is impossible to separate the kingdom from the people nor the King from the Kingdome in like manner neither can the friends of the King be dis-joyned from the friends of the people and the Kingdome I say further that those which with a true affection love Francis had rather see him a King then a Subject Now seeing they cannot see him a King it necessarily followes that in loving Francis they must also love the Kingdome But those which would be esteemed more the friends of Francis then of the kingdome and the people are truly flatterers and the most pernitious enemies of the King and publike State Now if they were true friends indeed they would desire and endeavour that the King might become more powerfull and more assured in his estate according to that notable saying of Theopompus King of Sparta after the Ephores or Controllers of the Kings were instituted Tkemore said he are appointed by the People to watch over and look to the affaires of the Kingdome the more those that govern shall have credit and the more safe and happy shall be the State Whether prescription of time can take away the right of the people But peradventure some one will reply you speak to us here of Peers of Lords and Officers of the Crown But I for my part see not any but only some shewes and shadows of antiquity as if they were to be represented on a stage I see not for the present searce any tract of that ancient liberty and authority nay which is worse a great part if not all of those officers take care of nothing but their particular affairs and almost if not altogether serve as flatterers about those Kings who joyntly tosse the poor people like â—ennice bals hardly is there one to be found that hath compussion on or will lend a helping hand to the miserable subjects fleaed and scorched to the very bones by their insolent and insupportable oppression If any be but houth to have such a desire they are presently condemned as Rebels and seditious and are constrained either to fly wiâ—h much discommodity or else must run hazard both of life and liberty What can be answered to this the businesse goes thus The outragiousnesse of Kings the ignorance of the party together with the wicked connivence of the great ones of the kingdome hath been for the most part such throughout the World that the licentious and unbridled power wherewith most kings are transported and which hath made them insupportable hath in a manner by the length of continuance gained right of prescription and the people for want of using it hath incitely quit if not altogether lost their just ancient authority So that it ordinarily happens that what all mens care ought to attend on is for the most part neglected by every man for what is commited to the generalty no man thinkes is commended to his custody Notwithstanding no such prescription nor praevarication can justly prejudice the right of the people It is commonly said that the Exchequers doe admit no â—ale of prescription against it much lesse against the whole body of the people whose power transcends the
of Alexander yet he confesseth that the divinity cannot so properly be compared to to any thing of this life as to the ancient Lawes of well-governed States he that prefers the Commonwealth applyes himself to Gods Ordinance but he that leans to the Kings fancies instead of Law prefers brutish sensuality before well-ordered discretion To which also the Prophers seemes to have respect who in some places describe these great Empires under the representation of ravening Beasts But to go on is not he a very Beast who had rather have for his guide a blind and mad man then he which sees both with the eyes of the body and mind a beast rather thâ—n god Whence it comes that though kings as saith Aristotle for a while at the first commanded without restraint of Laws yet presently after civilized people reduced iâ—â—â—em to a lawfull condition by biâ—ding them to keep and observe the Lawes and for this unruly absolute authority iâ— remained only amongst those which commanded over barbarons Nations He sayes afterwards that this absolute power was the next degree to plain tyrannie and he had absolutely called it tyrannie had not these beasts like Barbarians willingly subjected themselves unto it But it will be replyed that it is unworthy the majesty of Kings to have their wills bridled by Laws but I will say that nothing is more royall then to have our unruly desires ruled by good lawes It is much pitty to be restrained from that which we would doe it is much more worse to will that which we should not do but it is the worst of all to do that which the Laws forbid I hear me thinks a certain Furionius tribune of the people which opposed the passing of a Law that was made against the excesse which then reigned in Rome saying My Masters you are bridled you are idle and settered with the rude bonds of servitude your liberty is lost a Law is laid on you that commands you to be moderate to what purpose is it to say you are free since you may not live in what excesse of pleasure you like This is the very complaint of many Kings at this day and of their Mignior and Flatterers The Royall Majesty is abolished if they may not turn the kingdom topsâ—e turvie at their pleasure Kings may go shake their eaâ—es if Laws must be observed Pâ—radventure it is a miserable thing to live if a mad man may not be suffered to kill himself when he will For what else do those things which violate and abolish Lawes without which neither Empires no nor the very Societies of free-booters Cicero I. â— ossicii can at all subsist Let us then reject these deâ—estable falsinesse and impious vanities of the Court-Marmonsists which make kings gods and receive their sayings as Oracles and which is worse are so shamelesse as to perswade Kings that noâ—hing is just or equitable of it selfe but takes its true forme of justice or injustice according as it pleaseth the King to ordain as if he were some god which could neither erre nor sinne at all Certainly all that which Gods will is iust and therefore suppose it is Gods will but that must be just with the Kings will before it is his will For it is not just because the King hath appointed it but that King is just which appoints that to be held for just which is so of it self We will not then say as Anaxarchus did to Alexander much perplexed for the death of his friend Clitus whom he had killed with his own hands to wit that Themis the Goddesse of Justice fits by Kings sides as she does by Jupiters to approve and confirme whatsoever to them 〈◊〉 seem good but rather she sits as President over kingdoms to severely chastise those Kings which wrong or violate the majesty of the Laws we can no wayes approve that saying of Thrasimacus the Chaldoncan That the profit and pleasure of Princes is the rule by which all Laws are defined but rather that right must limit the profit of Princes and the Laws restrain their pleasures And instead of approving that which that vilâ—ainous woman said to Caracalla that whatsoever he desired was allowed him We will maintain that nothing is lawful but what the law permits And absolutely rejecting that detestable opinion of the same Caracalla that Princes gives Laws too hers but receive none from any we will say that in all kingdomes well established the King receives the Laws from the people the whâ—ch he ought carefully to consider and maintain and whatsoever eâ—ther by force or frâ—ud he does in prejudice of them must alwayes be repuâ—ed unjust Kings receive Lawes from the people These may be sufficiently verified by examples Before there was a King in Israel God by Moses prescribed to him both sacred and evill Deut. 17 Ordinances which he should have perpetually before his eyes but after that Saul was elected and established by the people Samuel delivered it to him written to the end he might carefully observe it neither were the succeeding Kings received before they had sworn to keepe those Ordinances The Ceremony was this that together with the setting of the crown on the Kings head they delivered into his hands the Book of the Testimony which some understand to be the right of the people of the Land others the Law of God according to which he ought to govern the people Cirus acknowledging himself conservator of his Countries Lawes obliegeth himself to opposE any man that would offer to infringe them and at his mauguration tyes himself to observe them although some flatterers tickled the eares of his Son Cambises that all things were lawfull for him The Kings of Sparta whom Aristotle calls lawfull Princes did every moneth renew their oaths promising in the hands of the Ephori Zeneph de Reb. Laced procures for the kingdome to rule according to those Lawes which they had from Lieurgus Hereupon it being asked Archidamus the Son of Zeuxidamus who were the Governours of Sparta he answered the Laws and the lawfull Magistrates and least the lawes might grow into contempt these people bragged that they received them from heaven and that they were inspired from above to the end that men might beleeve that their determinations were from God and not from man the Kings of Egypt did in nothing vary from the tennour of the lawes and confessed that their principall â—elicity consisted in the obedience thâ—y yeelded to them Romulus at the institution of the Roman kingdome made this agreement with senators the people should make lawes and he would take both for himselfe and others to see them observed and kept Antiochus the third of that name King of Asia writ unto all the Cities of his 〈◊〉 of lib 5. ca. 6. kingdome Tâ—at if the letters sent unto them in his name there were any thing found repugnant to the lawes they should beleeve they were no act of the Kings and therefore yeeld no obedience unto them
by him onely for rapine and ruine Whether the goods of the people belong to the King But to proceed let us now see whether the King whom we have alreadie proved hath not power over the lives of his Subjects is not at the least Lord over their Goods In these dayes there is no language more common in the Courts of Princes then of those who say all is the Kings Whereby it follows that in exacting any thing from his Subjects he takes but his own and in that which he leaves them he expresseth the care he hath that they should not be altogether destitute of meanes to maintaine themselves and this opinion hath gained so much power in the minds of some Princes that they are not ashamed to say that the paines sweat and industrie of their Subjects is their proper revenue as if their miserable Subjects onely kept beasts to till the earth for their insolent masters profit and luxurie And indeed the practise at this day is just in this manner although in all right equity it ought to be contrarie now we must alwaies remember that Kings were created for the good and profit of the people and that those as Aristotle sayes which indeavour and seeke the commoditie of the people are trusty Kings whereas those that make their own private ends and pleasures the onely butt and aime of their desirers are truly Tyrants It being then so that every one loves that which is his owne yea that many covet that which belongs to other men is it any thing probable that men should seek a master to give him francklie al that they had long laboured for and gained with the sweat of their browes may we not rather imagine that they chose such a man on whose integrity they relied for the administring of justice equally both to the poore and rich and which would not assume all to himselfe but rather maintaine every one in the fruition of his own goods or who like an unprofitable Drone should suck the fruit of other mens labours but rather preserve the house for those whose industrie justly deserved it briefly who instead of extorting from the true owners their goods would see them defended from all ravening oppressors What I pray you skills it sayes the poore Countrie man whether the King or the enemy make havok of my goods since through the spoile thereof I and my poore familie die for hunger what imports it whether a stranger or home-bred caterpiller ruine my estate and bring my poore fortune to extream beggery Whether a forrein Souldier or a Sicophant Courtier by force or fraud make me alike miserable Why shall he be accounted a barbarous enemy if thou be a friendly Patriot Why he a Tyrant if thou be a King Yea certainly by how much parracide is greater then manslaughter by so much the wickednesse of a King exceeds in mischiefe the violence of an enemy If then therefore in the creation of Kings men gave not their own proper goods unto them but onely recommended them to their protection by what other right then but that of free booters can they challenge the propertie of other mens goods to themselves Wherefore the Kings of Egypt were not according to Law at the first the Lords of particular mens estates but were onely then when they were sold unto them for corne and yet may there well be question made of the validitie of that contract Ahab King of Israel could not compell Naboth to sell him his Gen 45. 1 Kings 21. 1. c. vineyard but rather if he had been willing the Law of God would not permit it The Roman Emperors which had an unreasonable power could neither by right have done it At this day there is with much difficultie any Kingdom to be found where the meanest Subject may not sue the King where many times the L. venditor 13. D. de com praed divid King is not cast in the sute which succeeding he must as well as others satisfie the judgment And to this is not contrarie although at the first veiw it seeme so that which some of their most familiars have written of the Emperors That by the civill Law all things were the Kings and that Caesar was absolute Lord of all Seneca lib. de benef 7. C. 4. 5. 6. things they themselves expound this their opinion in this manner that the dominion of all things belongs to the King and the proprietie to the particular persons insomuch as the one possesseth all by the right of commanding the other by the Law of inheritance We know that it is a common saying amongst the Civilians that if any make claime to a house or a Ship it followes not therefore that he can extend his right to all the furniture L. nave 36. D. de evictionibus or lading And therefore a King may challenge and gaine right to the Kingdome of Germanie France and England and yet notwithstanding he may not lawfully take any honest mans estate from him but by manifest injustice seeing that they are things diverse and by Law distinguished to be possessors of the whole and of all the particular parts Whether the King be the proper owner of the Kingdom But the King is he not Lord proprietor of the publick Revenue We must handle this point somewhat more exactly then we did the former In the first place we must consider that the revenue of the publick Excheaquer is one thing the proper patrimonie of the Prince an other of different nature are the goods of the Emperor King or Prince to those of Aâ—tonius Henrie or Philip those are properly the Kings which he injoyes as King those are Antonious his which he possesseth as in the right of Antonius the former he received from the people the latter from those of his blood as inheritor to them This distinction is frequent in the books of the civill Law where there is a difference ever made between the patrimonie of the Empire and that of the Emperor the treasurie of Caesar is one L. bene à Zenone C. de quod praesc C. unde quaest Mag ib. 12. C. l. fiscus D. de jurefisci thing and the Exchequer of the Common-wealth another and both the one and the other have their severall procurers there being diverse dispensers of the sacred and publick distributions and of the particular private expences insomuch as he which as Emperor is preferred before a private man in a grant by deed or chartell may also sometime as Antonius give place to an inferiour person In like manner in the Empire of Germanie the revenue of Ferdinand of Austria is one thing and the revenue of the Emperor Ferdinand is another the Empire and the Emperor have their severall treasurers as also there is difference in the inheritances which the Princes derive from the houses of their ancestors and those which are annexed to the Electorall dignities Yea amongst the Turks themselves Selimus his
recover or conquer any thing with the Arms means of the publick it shall be gained to the Empire and not to himself Wherfore when Charles the 4th promised each of the Electors an hundred thousand Crowns to choose his Son Wencislaus Emperor and having not ready money to deliver them he morgaged Customs Taxes Tributes and certain Towns unto them L. 1. passim c. de con re alien naucler in Chron. which were the proper appurtenances of the Empire whereon followed much and vehement contestation most men holding this ingagement void And questionlesse it had been so declared but for the profit that those reaped thereby which ought principally to have maintained and held intire the rights and dignities of the Empire And it followed also that Wencislaus was justly held uncapable of the government of the Empire chiefly because he suffered the rights of the Empire over the Duchy of Millen to bewrested from him There is a Law very ancient in the Kingdom of Polonia which prohibits the alienating of any of the Kingdoms Lands the which also C intellecto de jure jurando in Decretal Polidor Virgil. In cod His part 5. 1. 5. constis 9. was renewed by King Lewis in the yeer 1375. In Hungary in anno 1221. there was a complaint made to Pope Honorius that King Andrew had ingaged the Crown Lands contrary to his oath In England was the same by the Law of King Edw in the yeer 1298. Likewise in Spaine by the Ordinance made under Alphonsus and renewed in the yeer 1560. in the Assemblie of the Estates at Toledo These Laws were then ratified although long time before Custome had obtained the vigor and effect of Law Now for the Kingdom of France whereto I longer confine my self because she may in a sort passe as a pattern to the rest this right hath ever remained there inviolable It is one of the most ancient Laws of the Kingdom and a right born with the Kingdom it self that the Demain may not be alienated the which Law in anno 1566. although but ill observed was renewed There is onely 2. cases excepted the portions or Apennages of the children and brothers of the King yet with this reservation that the right of Vassallage remains Papon Arestor l. 5. â—â— 10. Act. 4. alwayes to the Crown in like manner if the condition of War require necessarily an alienation yet it must be ever with power of redemption Anciently neither the one nor the other were of validitie but by the commandment of the States at this day since the Parliament hath been made sedentarie the Parliament of Paris which is the Sect 5. 11. 16. legis regiae 1566. Court of the Peers and the Chamber of Accounts and of the Treasurie must first approve it as the Edicts of Charles the sixt and ninth do testifie This is a thing so certain that if the ancient Kings themselves would endow a Church although that was a work much favoured in those dayes they were notwithstanding bound to have an allowance of the Estates witnes King Childebert who might not endow the Abbey of St. Vincent at Paris before he had the French and Newstrafians consent Clovis the 2d and other Kings have observed the same They Aimonius l. 4. cha 41 c. might neither remit the regalities by granting infranchisements nor the nomination of Prelates to any Church And if any of them have done it as Lewis 11. Philip 4. and Philip surnamed Augustus did in favour of the Churches of Senis Auxera and Nevers the Parliament hath L. peto 69 Sect praedium D. de leg 2. An. 1329. 1360. 1374. 1401. 1583. declared it void When the King is anointed at Reims he swears to observe this Law and if he infringe it that Act hath as much validitie with it as if he contracted to sell the Empires of the great Turk or Sophie of Peâ—sia From this spring the Constitutions or Ordinances of Philip 6. of John 2d of Charles 5th 6th and 8th by which they revoke all alienations made by their Predecessors In the Assemblie of the Estates at Tours where King Charles the 8th Anno 1483. 1522. 1531. 1549 1560. by divers Decrees of the Court of Parliament was in person divers alienations made by Lewis 11. were repealed and annihilated and there was taken away from the Heirs of Tancred of Chastel his great Minnion divers places which he had given him by his proper Authoritie This was finally ratified in the last Assemblie of the Estates held at Orleans Thus much concerning the Kingdoms Demean But to the end that we may yet more clearly perceive that the Kingdom is preferred before the King and that he cannot by his own proper Authority diminish the Majestie he hath received from the people nor infranchise or release from his Dominion any one of his Subjects nor quit or relinquish the Soveraigntie of â—he least part of his Kingdom Charlemayn in former times endeavoured to subject the Kingdom Paulus Aemilius lib 3. of France to the German Empire the which the French did couragiously oppose by the mouth of a Prince of Glasconnie and it Charlemayn had proceeded in that businesse it had come to the triall of the Sword In like manner when any portion of the Kingdom was granted Anno 1195. 1â—60 1269. 2297. 1303. 1325. 1330. Anno 1360. to the English the soveraigntie was almost alwayes reserved And if sometimes they obtain'd it by force as at the Treatie of Bretignie by the which king John quitted the Soveraignty of Glasconnie and Poyton that agreement was not kept neither was he more bound to do it then a Tutor or Guardian is being prisoner as he was then which for his own deliverance should ingage the estate of his Pupils By the power Anno 1465. of the same Law the Parliament of Paris made void the Treatie of Conflâ—us by the which Duke Charles of Burgundie had drawn from the king Aâ—niens and other Towns of Picardie In our dayes the same Parliament declared void the Agreement made at Madrid between Anno 1525. Francis the 1. then prisoner and Charles the 5. concerning the Duchie Aâ—â—â— 1420. M â—uâ—â—â—let chap. 225. of Buâ—gundie But the donation made by Charles the 6. unto Hâ—n king of England of the kingdom of France after his decease is a sufficient testimony for this matter and of his madnes if there had been no other proof But to leave off producing any further testimonies examples or reasons by what right can the King give or sell away the kingdom or any part of it seeing it consisteth of people and not of earth or L. liber homo 10â— D. de ver oblâ— liemâ—tâ— 34 â—â—ct â— D. de coâ—te â—mp lâ—â—eâ—â—â—lt C de opâ—r libert walls and of Free men there can be made no sale nor traffick yea and the Patrons themselves cannot compell the infranchisde servants to make their habitations in other places then themselves
discover'd or delivered not the delinquents into the hand of the Magistrate If he were negligent in performing this duty for the first mulct he was to receive a certaine number of blowes on his body and to fast for 3. dayes together If the neighbour be so firmely oblig'd in this mutuall duty of succour to his neighbour yea to an unknowne person in case hee be assail'd by thieves shall it not be lawfull for a good Prince to assist not slaves to an imperious Master or children against a furious Father but a Kingdome against a Tyrant the Common-wealth against the private spleene of one the people who are indeed the true owners of the State â—â—ainst a ministring servant to the publique And if he câ—â—elesly or wilâ—ully omit this duty deserves he noâ— himselfe to be esteem'd a Tyrant and punished accordingly as well as the other a sobber which neglected to assist his neighbour in that danger Theucidides Theucid lib. 1. upon this matter saies that those are not only Tyrants which make other men slaves but much more those who having meanes to suppresse and prevent such oppression take no care to performe it And amongst others those which assumed the title of Protectors of Greece and defenders of the Countrey and yet stiâ—re not to deliver their Countrey from oppression of strangers and truly indeed For a Tyrant iâ— in some sort compeld to hold a straight and tyrannous hand over those who by violence and tyranny he hath constrain'd to obey him because as Tiberius said he holds the Wolfe by the eares whom he can neither hold without paine and force nor let goe without danger death To the end then that he may blot out oue sin with another sinne he files up one wickednesse to another and is forced to do injuries to others lest hee should prove by remisnesse injurious to himselfe But the Prince which with a negligent and idle regard lookes on the outragiousnesse of a Tyrant and the massacring of Innocente that he might have preserved like the barbarous spectacles of the Roman sword-playes is so much more guilty than the Tyrant himselfe by how much the cruel and homicidious directers and appointers of these bloody sports were more justly punishable by all good laws than the poore and constrain'd actors in those murthering tragedies and as he questionlesse deserves greater punishment which out of insolent jollity murthers one than hee which unwillingly for feare of a further harme kills a man If any object that it is against reason and good order to meddle in the affaires of another I answer with the olde man in Terrence I am a man and I believe that all duties of humanity are fit and convenient for me If others seeking to cover their base negligence and carelesse unwillingnesse Pompon de reg juâ— lâ—g 36. alledg that bounds and jurisdictions are distingnisht one from another and that it is not lawfull to thrust ones sickle into anothers harvest Neither am I also of that opinion that upon any such colour or pretence it is lawfull for a Prince to encroach upon anothers jurisdiction or right or uppon that occasion to usurp anothers countrey and so carry another mans corne into his bâ—rne as divers have taken such shadowes to maeke their bad intentions I will not I say that after the manner of those arbitrators which Cicero Ciccr. 2. offic speaks of thou adjudge the things in controversie to thy selfe But I require that you represse the Prince that invades the kingdome of Christ that you containe the Tyrant within his owne limits that you stretch forth your hand of compassion to the people afflicted that you raise up the Common-wealth lying groveling on the ground and that you so carry your selfe in the ordering aâ—d managing of this that all men may see your principall aime and end was the publique benefit of humane society and not any private profit or advantage of your owne For seeing that justice respects only the publique and that which is without and injustice fixes a man wholly on himselfe it doubtlesse becomes a man truly honest so to dispose his actions that ever private interests give place and yield to publique commoditie Briefly to epitomize what hath bin formerly said if a Prince outragiously over-pass the bounds of piety justice A neighbor Prince may justly and religiously leave his owne Countrey not to invade and usurp anothers but to containe the other within the limits of justice and equity and if he neglect or omit his duty herein hee shewes himselfe a wicked and unworthy Magistrace If a Prince tirannize over the people a neighbour Prince ought to yield succours as freely and willingly to the people as he would doe to the Prince his Brother if the people mutined against him yea he should so much the more readiâ—y succour the people by how much there is more just cause of pity to see many afflicted than one alone If Porsenna brought Tarquinius Superbus backe to Rome much more justly might Constantine requested by the Senate and Roman people expell Marentius the Tyrant from Rome Briefely if man become a Wolfe to man who hinders that man according to the proverb may not be instead of God to the needy And therefore the Ancients have ranckt Hercules amongst the gods because he punisht and tam'd Procrustes Busiris and other Tyrants the plagues of man kind and monsters of the earth So whilst the Roman Empire retained her freedome she was truly accounted the safe guard of all the world against the violence of Tyrants because the Senate was the port and refuge of Kings people and Nations In like manner Constantine called by the Romans against Mixentius had God Almighty for the leader of his Army and the whole Church doth with exceeding commendations celebrate his enterprize although that Maxentius had the same authority in the West aâ— Constantine had in the East Also Charlemaine undertooke War against the Lombards being requested to assist the Nobility of Italy although the Kingdome of the Lombards had been of a long continuance and he had no just pretence of right over them In like manner when Charles the bald King of France had tyrannously put to cleath the Governour of the Country between the River of Seynt and Loyre with the Duke Lambert and another Noble-man cald Jametius and that other great men of the Kingdome were retired unto Lewis King of Germany brother but by another moâ—her unto Charles to request aid against him and his mother called Juclith one of the most pernitious women of the world Lewis gare them audience in a full Assembly of the German Princâ—s by whose joynt advice it was decreed that Warres should be made against Charles for the re-establishing in their goods honours and estates those whom he had unjustly dispossest Finally as there hath ever been Tyrants disperst here and there so also all histories testifie that there hath been neighbouring Princes to oppose tyranny and maintain the people in their right The Princes of these times by imitating so worthy examples should suppresse the Tyrants both of bodies and soules and restraine the oppressors both of the Common-wealth and of the Church of Christ otherwise they themselves may most deservedly be branded with that infamous title of Tyrant And to conclude this discourse in a word piety commandâ— that the Law and Church of God be maintain'd Justice requires that Tyrants and destroyers of the Common-wealth be compel'd to reason Charity challenges the right of relieving and restoring the oppressed Those that make no account of these things doe as much as in them lies to drive pietie justice and charity out of this world that they may never more be heard of FINIS
Vindiciae contra Tyrannos A Defence of Liberty against Tyrants OR Of the lawfull power of the Prince over the people and of the people over the Prince BEING A Treatise written in Latin and French by Junius Brutus and translated out of both into ENGLISH Questions discussed in this Treatise I. Whether Subjects are bound and ought to obey Princes if they command that which is against the Law of God II. Whether it be lawfull to resist a Prince which doth infringe the Law of God or ruine the Church by whom how and how farre it is lawfull III. Whether it be lawfull to resist a Prince which doth oppresse or ruine a publique State and how farre such resistance may be extended by whom how and by what right or law it is permitted IV. Whether neighbour Princes or States may be or are bound by Law to give succours to the Subjects of other Princes afflicted for the cause of true Religion or oppressed by manifest tyranny LONDON Printed by Matthew Simmons and Robert Ibbitson in Smithfield neer the Queens-head Tavern 1648. THE Emperors Theodosias and Valentinian TO VOLVSIANVS Great Provost of the Empire IT is a thing well-becomming the Majesty of an Emperour to acknowledge himself bound to obey the Laws Our authority depending on the authority of the Laws and in very deed to submit the principallity to Law is a greater thing then to beare rule We therfore make it known unto all men by the Declaration of this our Edict that Wee doe not allow Our selves or repute it lawfull to doe any thing contrary to this Justine in the second Book speaks thus of Lycargns Law-giver to the Lacedemonians He gave Laws to the Spartans which had not any and was as much renowned for his diligent observing of them himself as for his discreet Inventing of them For he made no Laws for others to the obedience whereof he did not first submit himself Fashioning the people to obey willingly and the Prince to Govern uprightly The first Question Whether Subjects are bound and ought to obey Printes if they command that which is against the Law of God THIS question happily may seeme at the first view to be altogether superfluous and unprofitable for that it seems to make a doubt of an axiome allways held infallible amongst Christians confirmed by many testimonies in Holy Scripture divers examples of the histories of all ages and by the death of all the Holy Martyrs for it may be well demanded wherefore Christians have endured so many afflictions but that they were alwayes perswaded that God must be obeyed simply and absolutly and Kings with this exception that they command not that which is repugnant to the law of God Otherways wherfore should the Apostles have answered that God must rather be obeyed than men and also Act. 4. 19. seeing that the only wil of God is always just and that of men may be and is oftentimes unjust who can doubt but that we must always obey Gods commandements without any exception and mens ever with limitation But for so much as there are many Princes in these days calling themselves Christians which arrogantly assumes an unlimited power over which God himselfe hath no command and that they have no want of flatterers which adore them as Gods upon earth many others also which for feare or by constraint either seem or else do beleeve that Princes ought to be obeyed in all things and by all men And withall seeing the unhappines of these times is such that there is nothing so firme certain or pure which is not shaken disgraced or polluted I feare me that whosoever shall neerly and throughly consider these things will confesse this question to be not only most profitable but also the times considered most necessary For my owne part when I consider the cause of the many calamities wherewith Christendome hath been afflicted for these late yeares I cannot but remember that of the Prophet Hosea The Princes of Judah were like them Hos 5. 10. 11. that remove the bounds wherefore I will power out my self like water Ephraim is oppressed and broken in judgement because he willingly walked after the Commandement Here you see the sin of the Princes and people dispersed in these two words 〈◊〉 〈◊〉 The Princes exceed their bounds not contenting themselves with that authority which the Almighty and all good God hath given them but seeke to usurpe that sovereignty which he hath reserved to himselfe over all men being not content to command the bodys and goods of their Subjects at their pleasure but assume licence to themselves to inforce the Consciences which appertaines chiefly to Jesus Christ holding the earth not great enough for their ambition they will climbe and conquor heaven it selfe The people on the other side walkes after the commandement when they yeeld to the desire of Princes who command them that which is against the law of God and as it were burn incense to and adore these earthy Gods and instead of resisting them if they have means and occasion suffer them to usurp the place of God making no conscience to give that to Caesar which belongs properly and only to God Now is there any man that sees not this if a man disobey a Prince commanding that which is wicked and unlawfull hee shall presently bee esteemed a Rebell a Traytor and guilty of High Treason our Saviour Christ the Apostles and all the Christians of the Primitive Church were charged with these Calumnies If any after the example of Ezra and Nehemiah dispose himselfe to the building of the Temple of the Ezra 4. Nehe. 5 7. Lord It wil be said he aspires to the Crowne hatches innovations and seeks the ruine of the State then you shall presently see a million of these Minnious and flatterers of Princes tickling their eares with an opinion that if they once suffer this Temple to be re-builded they may bid their Kingdome farewell and never look to raise impost or taxes on these men But what a madnesse is this There are no estates which ought to be esteemed firme and stable but those in whom the Temple of God is built and which are indeed the Temple it selfe and these we may truly call Kings which reigne with God seeing that it is by him only that Kings reign On the contrary what beastly foolishnesse is it to think that the State and Kingdome cannot subsist if God Almighty be not excluded and his Temple demolished From hence proceeds so many Tyrannous enterprises unhappy and tragick death of Kings and ruines of people If these Sicophants knew what difference there is between God and Caesar between the King of Kings and a simple King between the Lord and the Vassal and what tributs this Lord requires of his Subjects and what authority he gives to Kings over those his Subjects certainly so many Princes would not strive to trouble the Kingdome of God and we should not see some of them precipitated from their
in this that our Saviour Christ during all the time that he conversed in this world tooke not on him the Office of a Judge or King but rather of a private person and a Delinquent by imputation of our transgressions so that it is an allegation besides the purpose to say that he hath not managed Armes But I would willingly demand of such exceptionists whether they think that by the coming of Jesus Christ in the flesh that Magistrates have lost their right in the sword of Authority If they say so Saint Paul contradicts them who saies that the Magistates carries not the sword in vaine and did not refuse their assistance Rom. 13 4. Acts 23. 17. and power against the violence of those which had conspired his death And if they consent to the saying of the Apostle to what purpose should the Magestrates beate the sword if it be not to serve God who hath committed it to them to defend the good and punish the bad Can they doe better service then to preserve the Church from the violence of the wicked to deliver the flock of Christ from the swords of murtherers I would demaund of them yet whether they think that all use of Arms is forbiden to Christians If this be their opinion then would I know of them wherefore Christ did graunt to the Centurian his request Wherefore did he give Matt. 8. 9. 13. Luc. 3. 14. Act. 10. 47. so excelent a testimony of him wherefore doth St. Iohn Baptist command the men at Armes to content themselves with their pay and not to use any extortion and doth not rather perswade them to leave their â—â—â—ing Wherefore did Saint Peter Baptize Cornellus the Centurian who was the first fruits of the Gentiles From whence comes it that he did not in any sort whatsoever councell him to leave his charge Now if to bear arms to make war be a thing lawfull can there possibly be found any war more just then that which is taken in hand by the command of the superiour for the defence of the Church and the preservation of the faithfull Is there any greater tirany then that which is excercised over the soul Can there be imagined a war more commendable then that which suppresseth such a tyrany For the last point I would willingly know of these men whether it be absolutely prohibited Christians to make war upon any occasion whatsoever If they say that it is forbidden them from whence comes it then that the men at Armes Captains and Centurions which had no other imployment but the managing of Armes were alwayes received into the Church wherefore do the ancient Fathers and Christian Historians make so horrible mention of certain legions composed wholly of Christian Souldiers and amongst others of that of Malta so renowned for the victory which they obteyned and of that of Thebes of the which St. Mauricious was Generall who suffered martirdom together with all his Troopes for the confessing of the name of Jesus Christ And if it be permitted to make warre as it may be they will confesse to keepe the limmits and Townes of a Countrie and to repulse an invading enemy Is it not yet a thing much more reasonable to take Armes to preserve and defend honest men to suppresse the wicked and to keepe and defend the limmits and bounds of the Church which is the Kingdom of Jesus Christ if it were otherwayes to what purpose should St. Iohn have foretold that the whore of Babylon shall be finally ruined by Apoc. 27. 26. the 10. Kings whom she hath bewitched furthermore if we hâ—ld a contrary opinion what shall we say of the wares of Constantine against Maxentius and Licinius celebrated by so many publick orations and approved by the Testimony of an infinite number of learned men what opinion should we hold of the many voyages made by Christian Princes against the Turkes and Sarazins to conquer the holy Land who had not or at the least ought not to have had any other end in their designes but to binder the enemy from ruining the Temple of the Land and to restore the integrity of his service into those Countries Although then that the Church be not increased by Armes notwithstanding it may be justly preserved by the meanes of Armes I say further that those that dye in so holy a war are no lessâ— the Martyrs of Jesus Christ then their brethren which were put to death for Religion nay they which dye in that war seeme to have this inadvantage that with a free will knowing sufficiently hazard into which they cast themselves notwithstanding do couragiously expose their lives to death and danger whereas other do only not refuse death when it behoveth them to suffer The Turkes strive to advance their opinion by the meanes of Armes and if they do subdue a Country they presently bringin by force the impieties of Mahomet who in his Alcoran hath so recommended Armes as they are not ashamed to say it is the ready way to Heaven yet do the Turkes constrain no man in matter of conscierce But he which is a much greater adversary to Christ and true Religion with all those Kings whom he hath inchanted opposeth fire and fagots to the light of the Gospel toâ—tures the word of God compelling by wracking and torments as much as in him lieth all men to become Idolaters and finally is not ashamed to advance and maintain their faith and law by perfideous disloyalty and their traditions by continuall traysons Now on the contrary those good Princes and Magistrates are said properly to defend themselves which invirone and fortifie by all their meanes and industry the vine of Christ already planted â—o be planted in places where it hath not yet been least the wild boore of the Forrest should spâ—ylâ— or devoure it They do this I say in covering with their Buckler and defending with their sword those which by the preaching of the Gospel have been converted to true Religion and in fortifying with their best ability by â—avelinâ— ditches and rampers the Temple of God built with lively stones untill it Have attained the full height in despite of all the furious assaulâ—s of the enemies thereof we have lengthened out this discourse thus far to the end we might take away all scruple concerning this question Set then the Estates and all the Officers of a Kingdom or the greatest part of them every one established in authority by the people know that if they containe not within his bounds or at the least imploy not the utmost of their endeavours thereto a King that seekes to corrupt the Law of God or hinders the reestablishment thereof that they offend grievously against the Lord with whom they have contracted Covenants upon those conditions Those of a Town or of a Province making a portion of a Kingdom let them know also that they draw upon themselves the judgement of God if they drive not impiety out of their walls and
some of the people pressing the businesse he was again confirmed King in a full assembly at Gilgal ye see that he whom God had chosen and the loâ— had separated from all the rest is established King by the suffrages of the people And for David by the Commandement of God and in a manner more evident â— Sam. â—6 then the former after the rejection of Saul Samuel anointed for King over Israel David chosen by the Lord which being done the spirit of the Lord presently left saul and wrought in a speciall manner in David But David notwithstanding raigns not but was compeled to save himselfe in deserts and rocks oftentimes falling upon the very brim of destruction and never raigned as King till after the death of Saul for then by the suffrages of all the people of Iudah he was first chosen King of Iudah and seaven yeares after by the consent of all Israell he was inaugurated King of Israell in Hebron So then he is annointed first by the Prophet at the commandement of God as a token he was chosen secondly by the commandement of the people when he was established King And that to the end that Kings may alwayes remember that it is from God but by the people and for the peoples sake that they 2 Sam. 2. doe raignt and that in there glorie they say not as is there custome that they hold their Kingdome only of God and there sword but withall add that it was the people which first girt them with that sword The same order offered in Solomon although he was the Kings sonne God hath chosen Solomon to sit upon the Throne of his Kingdome and by expresse words 2 Sam. 7. 13. 1 Kings 3. Chron. 28. 5 1 Kings 2. 32. 1 Chron. 28. 1. 20. 22. 24. had promised David to be with him and assist him as a Father his soone David had with his one mouth designed Solomon to be successor to his Crowne in the presence of some of the principall of his Court But this was not enough and therefore David assembled at Ierusalem the Princes of Israell the heads of the Tribes the Captaines of the Souldiers and ordinance officers of the Kings the centurions other Magistrates of Towns together with his sons the noble men and worthiest personages of the Kingdome to consult and resolve upon the election In this Assemblie after they had called upon the name of God Solomon by the consent of the whole congregation proclaimed and annointed for King and sat so saith the text upon the Throne of Israell then and not before the Princes the Noblemen his brothers themselves do him homage and take the Oath of Allegiance And to the end that it may not be said that that was onely done to avoid occasion of difference which might arise amongst the brothers the sonnes of David about the succession we reade 2 Kings 20. 2 Chron. 20. 36. 22. 1. 36 1. that the other following Kings have in the same manner been established in their places it is said that after the death of Solomon the people assembled to create his sonne Rehoboam King After that Amaziah was killed Ozias his only sonne was chosen King by all the people Ochâ—sias after Ioram Ioachim the sonne of Iosias after the disease of his Father whose piety might well seeme to require that without any other solemnity notwithstanding both he and the other were chosen and invested into the royall Throne by the suffrages of the people To which also belongs that which Hushai said to Absolam nay but 2 Sam. 16. 18. whom the Lord and this people and all the men of Israel chuse his will I be and with him will I abide which is as much as to say I will follow the King lawfully established and according to the accustomed order wherefore although that God had promised to his people a perpetuall Lampe to wit a King and a continuall successour of the Line of David and that the successour Psal 132. 11. 12. of the Kings of this people were approved by the word of God himselfe Notwithstanding since that we see that the Kings have not reigned before the people had ordained and installed them with requisite Ceremonies it may be collected from this that the Kingdom of Israel was hereditary if we consider David and the promise made to him and that it was wholly elective if we regard the particuler persons But to what purpose is this but to make it apparent that the election is onely mentioned that the Kings might have alwayes in their remembrance that they were raised to their dignities by the people and therefore they should never forget during life in what a strict bond of observance they are tyed to those from whom they have received all their greatnesse We read that the Kings of the Heathen have been established also by the people for as when they had either troubles at home or warres abroad some one in whose ready vallour and discreete integrity the people did principally relye and repose their greatest Herodi lib. 1. Cicero 1. de offici Tit. Livi lib. 1. confidence him they presently with a universall consent constituted King Cicero saith that amongst the Medes Deioces from a Judge of private controvercies was for his uprightnesse by the whole people elected King and in the same manner were the first Kings chosen amongst the Romans Insomuch that after the death of Romulus the interrayde and Government of the hundred senators being little acceptable to the Quiutes it was agreed that from thence forward the Kings should be chosen by the suffrages of the people and the approbation of the senate Forquius Superbus was therefore esteemed a tyrant because being chosen neither by the people nor the senate he intruded himself into the Kingdom only by force and usurpation Wherefore Iulius Caesar long after though he gained the Empire by the sword yet to the end he might adde some shaddow or pretence of right to his former intrusion he caused himself to be declared both by the people and senate perpetually dictator Augustus his adopted sonne would never take on him as inheriter of the Empire although he were declared so by the testaments of Cesar but alwaies held it as of the people and senate The same also did Tiberius Caligula and Claudius and the first that assumed the Empire to himself without any colour of right was Nero who also by the senate was condemned Briefly for so much as none were ever born with Crowns one their heads and sceptes in their hands and that no man can be a King by himself nor reign without people whereas on the contrary the people may subsist of themselves and were long before they had any Kings it must of necessity follow that Kings were at the first constituted by the people And although the sons and dependants of such Kings inheriting their fathers vertues may in a sort seeme to have rendred their Kingdome heriditary
which â—ive with out a King but we cannot imagine a King without pâ—ople And those which have bin raised to the Royal dignity were not advanced because they excelâ—ed other men in beauty comeâ—iness nor in some excellency of nature to govern them as shepheards doe their flocks but rather being made out of the same masse with the rest of the people they should acknowledge that for them they as it were borrow their power authority The ancient custome of the French represents that exceeding welâ— for they used to lift up on a buckler saâ—ute him King whom they had chosen And wherefore is it said I pray you that kings hâ—ve an infinite number of eyes a million of ears with extream long hands and feet exceeding swift is it because they are like to Argos Gerion Midas divers others â—o celebrated by the Poets No truly but it is said in regard of all the people whom the busines principalâ—y concerns who lend to the king for the good of the Common-wealth their eyeâ— their ears their means their facuâ—ties Let the people forsake the king he presently fals to the ground although befoâ—e his hearing sight seemed most excellent that he was strong in the best disposition that might be yea that he seemed to triumph in all magnificence yet in an instant he wiâ—l become moâ—t viâ—e contemptible to bee brief instead of those divine honours wherewith all men adored him he shal be compeâ—ed Dionisius for his Tiâ—aâ—â—ie driven oâ—t of Câ—cilâ—e was foâ—sâ—d to taâ—e that course of lifâ— upâ—n hâ—m to become a Pedant whip children in the schooâ— at Corinth Take away but the basis to this Giant lâ—â—e the Rodian Colosse he pâ—esently tumbles on the ground fals into pieces Seeing thâ—n that the King is estabâ—ished in this degree by the people for their sake that he cannot subsist without them who can think it strange then for us to conclude that the peopâ—e are aboue the King Now that which we speak of alâ— the people universally ought also to be understood as hath been delivered in the 2. question of those which in every Kingdom or town do â—â—â—wfully represent the body of the people which ordinarily or at lest should be caâ—ed the officers of the Kingdom or of the crown not of the King For the officers of the â—ing it is he which placeth displaceth them at his pleasure yea after his death they have no more power are accounted as dead On the contrary the officers of the Kingdom receive their authority from the people in the general Assembly of the states or at the least werâ— accustomed so anciently to have done cannot be disauthorised but by them so then the one depends of the King the other of the Kingdom those of tâ—e soveraign officer of the â—ingdom which is the King himself these of the soveraignty it self that is of the people of which soveraignty both the King all his officers and all his officers of the â—ingdom ought to depend the charge of the one hath proper relation to the care of the â—ings person that of the other to look that the common-wealth receive no damage the first ought to serve and assist the King as all domestique servants are bound to doe to their masters the other to preserve the rights priviledges of the people to carefully hinder the Prince that he neither omit the things that may advantage the state nor commit any thing that may endammage the publique Briefly the one are Servants and domestiques of the Kings and received into their places to obey his person the other on the contrary are as Associates to the King in the administration of justice participating of the Royal power and authority being bound to the utmost of their power to be assisting in the managing of the affairs of State as well as the King who is as it were President amongst them and principall onely in order and degree Therefore as all the whole People is above the King and likewise taken in one entire body are in authority before him yet being considered one by one they are all of them under the King It is easie to know how far the power of the first Kings extended in that Ephron King of the Hittites could not grant Abraham the Sepulchre but in the presence and with the consent of the People neither could Hemor the Hevite Gen. 34. King of Sichem contract an alliance with Iacob without the Peoples assent and confirmation thereof because it was then the custome to refer the most important affairs to be dispensed and resolved in the generall Assemblies of the People This might easily be practised in those kingdomes which were then almost confined within the circuit of one towne But since that Kings began to extend their limits and that it was impossible for the People to assemble together all into one place because of their great numbers which would have occasioned confusion the Officers of the kingdome were established which should ordinarily preserve the rights of the People in such sort notwithstanding as when extraordinary occasion required the People might be assembled or at the least such an abridgement as might by the principallest Members be a Representation of the whole Body We see this order established in the kingdome of Israel which in the judgment of the wisest Politicians was excellently ordered The King had his Cupbearers his Carvers his Chamberlains and Stewards The kingdome had her Officers to wit the 71. Elders and the heads and chief chosen out of all the Tribes which had the care of the Publique Faith in Peace and War Furthermore the kingdome had in every town Magistrates which had the particular government of them as the former were for the whole kingdome At such times as affairs of consequence were to be treated of they assembled together but nothing that concerned the publike state could receive any solid determination David assembled the Officers of 1. Chron. 29. 1 1. Chron. 13. 1. his kingdome when he desired to invest his Son Solomon with the Royal Dignity when he would have examined and approved that manner of policy and managing of affairs that he had revived and restored and when there was question of removing the Ark of the Covenant And because they represented the whole people it is said in the History that all the people assembled These were the same Officers that delivered Ionathan from death condemned by the sentence of the King by which it appeares that there might be an appeale from the King to the People After that the kingdome was divided through the pride of Reoboam â— Sam. â—â— 45. the Councel at Ierusalem composed of 71. Ancients seems to have such authority that they might judge the King as well as the King might judge every one of them in particular In this Councel was President the Duke of the house of Iuda to wit â— Chron. 1â—
own bountie presented unto men ought no more to be inhaunsed by sale then either the light the aire or the water as a certaine King called L. magis puto D. de â—ebus corum Lycurgus in the lesser Asia began to lay some impositions upon the Salt pits there nature as it were impatiently bearing such a restraint of her liberality the springs are said to drie up suddenly Inv. Sat 4. Si quid palphurio si credimus Armillato Quicquid conspicuum palchrum qâ—ex aequoâ—e toâ—o est Res fisci est ubicunque natat Now although certain Marmâ—usets of the Court would perswade us at this day as Juveral complained in his time that the Sea affords nothing of worth or good which falls not within the compasse of the Kings Prerogative He that first brought this taxation into Rome was the Censor Livius who therefore gained the surname of Salter neither was it done but in the Common-wealths extreame necessity And in France King Philip the long for the same reason obtained of the Estates the imposition upon Salt for five years onely what turmoiles and troubles the continuance thereof hath bred every man knowes To be bâ—eife all Tributes were imposed and continued for the provision of meanes and stipends for the men of war so as to make a Province stipendarie or tributarie was esteemed the same with militarie Behold wherefore Solomon exacted Tributes to wit to fortifie 1 King 9. 15. the Towns and to erect and furnish a publick magazine which being accomplished the people required of Reholoam to be freed Postâ—l li. 3 de rep Turc from that burden The Turks call the Tribute of the Provinces the Sacred blood of the people and account it a most wicked crime to implâ—y it in any thing but the defence of the people Wherefore by the same reason all that which the King conquers in warre belongs to the people and nor to the King because the people bore the charges of the war as that which is gained by a factor accures to the account of his master Yea and what advantage he gaines by marriage if it belongs simplie and absolutely to his wife that is acquired also to the Kingdom for so much as it is to be presumed that he gained not that preferment in marriage in quality of Philip or Charles but as he was King On the contrarie in like manner the Queens have interest of indowment in the estates which their husbands gained and injoyed before they attained the Crown and have no title to that which is gotten after they are created Kings because that is judged as the acquist of the Common purse and hath no proper reference to the Kings private estate which was so determined in France betwixt Philip of Valoys and his wife Jedne of Burgundie But to the end that there be no money drawn from the people to be imployed in private designes and for particular ends and purposes the Emperor swears not to impose any Taxes or Tributes whatsoever but by the authority of the Estates of the Empire As much do the Kings of Polonia Hungarie and Denmarke promise the English in like manner enjoy the same unto this day by the Lawes of Henry the third and Edward the first The French Kings in former times imposed no Taxes but in the Assemblies and with the consent of the three Estates from thence sprung the Law of Philip of Valoys that the people should not have any Tribute layd on them but in urgent necessity and with the consent of the Estates Yea and anciently after these monies were collected they were locked in coffers through every Diocesse and recommended to the speciall care of selected men who are the same which at this day are called Esleus to the end that they should pay the souldiers enroled within the Towns of their Diocesses the which was in use in other Countries as namely in Flanders and other neighbouring Provinces At this day though many corruptions be crept in yet without the consent and confirmation of the Parliament no exactions may be collected notwithstanding there be some Provinces which are not bound to any thing without the approbation of the Estates of the Countrey as Languedoke Brittannie Province Daulphinie and some others All the Provinces of the Low Countries have the same priviledges finally lest the Exchequer devour all like the spleen which exhales the spirits from the other members of the body In all places they have confined the Exchequer within its proper bounds and limits Seeing then it is most certaine that what hath been ordinarily and extraordinarily assigned to Kings to wit Tributes Taxes and all the demeanes which compreheâ—d all customes both for importations and exportations forfeitures amercements royall escheates confiscations and other dews of the same nature were configned into their hands for the maintainance and defence of the people and the State of the Kingdom insomuch as if these sinewes be cut the people must nâ—eds fall to decay and in demolishing these foundations the Kingdome will come to utter ruine It necessarily follows that he which layes impositions on the people onely to oâ—presse them and by the publick detriment seeks private profit and with their own swords kills his subject he truely is unworthy the name of a King Whereas concrarily a true King as he is a carefull mannager of the publick affairs so is he a ready protector of the Common wellfare and not a Lord in propriety of the Common-wealth having as little authority to alienate or dissipate the demeans or publick Revenue as the Kingdom it self And if he mis-govern the State seeing it imports the Common-wealth that every one make use of his own talent it is much more requisite for the publick good that he which hath the mannaging of it carrie himself as he ought And therefore if a prodigall Lord by the authority of justice be committed to the tuition of his kinsmen and friends and compelled to suffer his revenues and means to be ordered and disposed of by others by much more reason may those which have interest in the affairs of State whose duty obligeth them thereto take all the Administration and government of the State out of the hands of him which either negligently executes his place ruines the Common-wealth if after admonition he indeavours not to performe his duty And for so much as it is easily to be proved that in all lawfull Dominions the King cannot be held Lord in propriety of the demeane without searching into those elder times whereof we have an apt representation in the Gen. 23. person of Ephron King of the Hittites who durst not sell the Field to Abraham without the consent of the people This right is at this day practised in publick States the Emp of Germany before his Sleyd l. 1. bulla aurea Coronation doth solemly swear that he will neither alienate dismember nor ingage any of the rights or members of the Empire And if he
for it may often times chance that the medicine proves more dangerous than the disease Therefore it becomes wise men to try all wayes before they come to blowes to use all other remedies before they suffer the sword to decide the controversie If then those which represent the body of the people foresee any iunovation or machination against the State or that it be already imbarked into a course of perdition their duty is first to admonish the Prince and not to attend that the disease by accâ—ssion of time and accidents becomes unrecoverable For tyranny may be properly resembled unto a Feaver Hectick the which at the first is easie to be cured but with much difficulty to be known but after it is sufficiently known it becomes uncurable Therefore small beginnings are to be carefully observed and by those whom it concernes diligently prevented If the Prince therefore persist in his violent courses and contemne frequent admonitions addressing his designes onely to that end that he may oppresse at his pleasure and effect his own desires without feare or restraint he then doubtlesse makes himself liable to that detested crime of Tyranny and whatsoever either the law or lawfull authority permits against a tyrant may be lawfully practised against him Tyrany is not onely a will but the chiefe and as it were the complement and abstract of vices A Tyrant subverts the State pillages the people layes stratagems to intrap their lives breaks promise with all scoffes at the sacred obligation of a solemne oath and therefore is he so much more vile than the vilest of usuall malefactors by how much offences comitted against a generality are worthy of greater punishment than those which concern onely particular and private persons If Theeves and those that commit sacriledge be declared infamous nay if they justly suffer corporall punishment by death can we invent any that may be worthily equivalent for so outragious a crime Furthermore we have already proved that all Kings receive their Royall authority from the people that the whole people considered in one body is above and greater than the King and that the King and Emperour are onely the prime and supreme governours and ministers of the Kingdome and Empire but the people the absolute Lord and owner thereof It therefore necessarily followes that a tyrant is in the same manner guilty of rebellion against the Majesty of the people as the Lord of a see which felloniously transgresse the conditions of his investitutes is liable to the same punishment yea and certainly deserves much more greater than the equity of those lawes inflict on the delinquents Therefore as Barclus sayes He may either be deposed by In tract de tyran in tract de Regim civit those which are Lords in Soveraignty over him or else justly punished according to the Law Julia which codemnes those which offer violence to the publick The body of the people must needs be the Soveraigne of those which represent it which in some places are the Electors Palatines Peeres in other the Assembly of the generall Estates And if the tyranny have gotten such sure footing as there is no other meanes but force to remove him then is it lawful for them to call the people to Arms to inroll and raise forces and to imploy the utmost of their power and use against him all advantages and stratagems of warre as against the enemy of the Common-wealth and the disturber of the publick peace Briefly the same sentence may be justly pronounced against him as was against Manlius Capitolinus at Rome Valerius lib. 6. c. 3. Thou wast to me Manlius when thou didst tumble down the Ganles that sealed the Capitole But since thou art now become an enemy like one of them thou shalt be precipitated down from the same place from whence thou formerly tumbledst those enemies The Officers of the Kingdome cannot for this be rightly taxed of sedition for in a sedition there must necessarily concurre but two parts or sides the which peremptorily contest together so that it is necessary that the one be in the right and the other in the wrong That partundoubtedly hath the right on their side which defends the Lawes and strives to advance the publick profit Bart. in tract de Guclph Gibell arg l. 3. Sect. cum igitur D. de vi vior of the Kingdome And those on the contrary are questionlesse in the wrong which breake the Lawes and protect those that violate justice and oppresse the Common-wealth Those are certainly in the right way as saith Bartolus which endeavour to suppresse tyrannicall government and those in the wrong which oppose lawfull authority And that must ever be accounted just which is intended only for the publique benefit and that unjust which aimes chiefly at private commodity Wherefore Thomas Aquinas Tho. Aquin. sâ—c sâ—cand q. 12 â—â—t 11. in sâ—re saith That a tyrannicall rule having no proper addresse for the publique welfare but only to satisfie a private will with increase of particular profit to the ruler cannot in any reasonable construction be accounted lawfull and therefore the disturbance of such a government cannot be esteemed seditious much lesse traytors for that offence hath proper relation only to a lawfull Prince who indeed is an inanimated â—â—â—â— D. ad leg 〈◊〉 jâ—st or speaking law therefore seeing that he which employes the utmost of his meanes and power to annihilate the lawes and quell their vertue and vigour can no wayes be justly intitled therewith â— â—c pâ—â—ad 4. So neither likewise can those which oppose and take armes against him be branded with so notorious a crime Also this offence is committed against the Common wealth but for so much as the Common-wealth is there only where the lawes are in force and not where a Tyrant devoures the State at his owne pleasure and liking he certainly is quit of that crime which ruines the Majesty of the publique State and those questionlesse are worthily protectors and preservers of the Common-wealth who confident in the lawsulness of their authority and summoned thereunto by their duty do couragiously resist the unjust proceedings of the Tyrant And in this their action wee must not esteeme them as private men and Subjects but as the representative body of the people yea and as the Soveraignty it selfe which demands of his Minister an account of his administration Neither can we in any good reason account the Officers of the Kingdome disloyall who in this manner acquit themselves of their charge There is ever and in all places a mutuall and reciprocall obligation betweene the people and the Prince the one promiseth to be a good and wise Prince the other to obey faithfully provided he govern justly The people therefore is obliged to the Prince under condition the Prince to the people simply and purely Therefore if the Prince faile in his promise the people is exempt from obedience the contract is made void the right of
portion of the Kingdome as Dukes Marquisses Earles Sheriffes Mayors and the rest are bound by the dutie of their place to succour the Common-wealth and to free it from the burden of Tyrants according to the ranke and place which they hold of the people next after the King The first ought to deliver the whole Kingdome from tyrannous oppression the other as tutors that part of the Kingdome whose protection they have undertaken the dutie of the former is to suppresse the Tyrant that of the latter to drive him from their confines Wherefore Mattathias being a principall man in the State when some basely connived others pernitiously consorted with Antiochus the tyrannous oppressors of the Jewish Kingdome he couragiously opposing the manifest oppression both of Church and State incourageth 1 Machab. 3. 43. the people to the taking of Armes with these words Let us restore the decayed estate of our people and let us fight for our people and for the Sanctuarie Whereby it plainly appeares that not for Religion onely but even for our Countrey and our possessions wee may fight and take armes against a tyrant as this Antiochus was For the Machabites are not by any questioned or reprehended for conquering the Kingdome and expelling the tyrant but in that they attributed to themselves the royall dignitie which onely belonged by Gods speciall appointment to the tribe of Juda. Humane Histories are frequently stored with examples of this Justin lib. 1. Diodor. lib. 2. cap. 37. kinde Arbactus Governour of the Medes killed effeminate Sardanapalus spinning amongst women and sportingly distributing all the treasures of the Kingdome amongst those his loose companions Vindex and Galba quit the partie of Nero yea though the Senate connived and in a sort supported his tyrannie and drew with them Gallia and Spaine being the Provinces whereof they were Governours But amongst all the Decree of the Senate of Sparta is most notable and ought to passe as an undeniable Maxime amongst all Nations The Spartans being Lords of the City Bizantium sent Olearchus thither for Governour and Commander for the warres who took Corn from the Citizens and distributed it to his Souldiers In the mean time the families of the Citizens died for hunger Anaxilaus a principall man of the Citie disdaining that tyrannous usage entred into treaty with Alcibiades to deliver up the Town who shortly after was received into it Anaxilaus being accused at Sparta for the delivery of Bizantium pleaded his cause himselfe and was there acquit by the Judges for said they warres are to be made with enemies and not with Nature Nothing being more repugnant to Nature than that those which are bound to defend a City should be more cruell to the inhabitants than their enemies that besiege them This was the opinion of the Lacedemonians certainly just Rulers Neither can he be accounted a just King which approves not this sentence of absolution for those which desire to govern according to the due proportion of equity and reason take into consideration as well what the Law inflicts on tyrants as also what are the proper rights and bounds both of the Patritian and Plebeian orders But we must yet proceed a little further There is not so mean a Mariner but must be ready to prevent the ship-wrack of the vessell when either the negligence or wilsulnesse of the Pilot casts it into danger Every Magistrate is bound to relieve and as much as in him lies to redresse the miseries of the Common-wealth if he shall see the Prince or the principall Officers of State his associates by their weaknesse or wickednesse to hazard the ruine thereof Briefly he must either free the whole kingdome or at least that portion especially recommended to his care from their imminent and incroaching tyranny But hath this duty proper relation to every one Shall it be permitted to Hendonius Sabinus to Ennus Suranus or to the Fencer Spartanus or to be briefe to a meere private person to present the bonnet to slaves put Armes into the hand of subjects or to joyn battell with the prince although he oppresse the people with tyranny No certainly The Common wealth was not given in charge to particular persons considered one by one but on the contrary particulars even as Papists are recommended to the care of the principall Officers and Magistrates and therefore they are not bound to defend the Common-wealth which cannot defend themselves God nor the people have not put the sword into the L. 2. de Sediâ—â—â—sis hands of particular persons Therefore if without commandment they draw the sword they are seditions although the cause seem never so just Furthermore the prince is not establisht by private and particular persons but by all in generall considered in one intire body whereupon it followes that they are bound to attend the commandment of all to wit of those which are the representative body of a kingdom or of a Province or of a Citie or at the least of some one of them before they undertake any thing against the prince For as a pupill cannot bring an action but being avowd L. 8. l. 9. D. de aucto constict cur in the name of his Tutor although the pupill be indeed the true proprietor of the estate and the tutor onely owner with reference to the charge committed unto him so likewise the people may not enterprise actions of such nature but by the command of those into whose hands they have refigned their power and authority whether they be ordinary Magistrates or extraordinary created in the Assembly of the Estates whom if I may so say for that purpose they have girded with their sword and invested with authority both to govern and defend them establisht in the same kind as the Pretor at Rome who determined Sencea lib. 1. de Benefic all differences between masters and their servants to the end that if any controversie happened between the King and the subjects they should be Judges and preservers of the right lest the subjects should assume power to themselves to be judges in their own causes And therefore if they were opprest with tributes and unreasonable imposts if any thing were attempted contrary to covenant and oath and no Magistrate opposed those unjust proceedings they must rest quiet and suppose that many times the best Physitians both to prevent and cure some grievous disease do appoint both letting blood evacuation of humors lancing of the flesh and that the affaires of this world are of that nature that with much difficulty one evill cannot be remedied without the adventuring if not the suffering of another nor any good be atchieved without great pains They have the example of the people of Israel who during the reigne of Solomon refused not to pay those excessive taxes imposed on them both for the building of the Temple and fortifying of the Kingdome because by a generall consent they were granted for the promulgation of the glory of God and
for an ornament and desence of the publick State They have also the example of our Lord and Saviour Jesus Christ who though he were King of Kings notwithstanding because he conversed in this world in another quality to wit o a private and particular man paid willingly tribute If the Magistrates themselves manifestly favour the tyranny or at the least doe not formally oppose it let private men remember the saying of Job That for the sinnes of the people God permits bypocrites Iob. 34. to reigne whom it is impossible either to convert or subvert if men repent not of their wayes to walk in obedience to Gods commandments so that there is no other weapons to be used but bended knees and humble hearts Briefly let them bear with bad princes and pray for better perswading themselves that an outragious tyranny is to be supported as patiently as some exceeding dammage done by the violence of tempests or some excessive over-flowing waters or some such naturall accidents unto the fruits of the earth if they like not better to change their habitations by retiring themselves into some other countries So David fled into the mountaines and attempted nothing against the Tyrant Saul because the people had not declared him any publick Magistrate of the Kingdome Jesus Christ whose kingdome was not of this world fled into Egypt and so freed himselfe from the pawes of the Tyrant Saint Paul teaching of the duty of particular Christian men and not Rom. 13. of Magistrates teacheth that Nero must be obeyed But if all the principall Officers of State or divers of them or but one endeavour to suppresse a manifest tyranny or if a Magistrate seek to free that province or portion of the kingdome from oppression which is committed to his care and custody provided under colour of freedome he bring not in a new tyranny then must all men with joynt courage and alacrity run to Armes and take part with him or them and assist with body and goods as if God himselfe from heaven had proclaimed warres and meant to joyn battell against tyrants and by all wayes and means endevour to deliver their Counâ—rey and Common-wealth from their tyrannous oppression For as God doth oftentimes chastise a people by the cruelty of tyrants so also doth he many times punish tyrants by the hands of the people It being a most true saying Ecclus 10. verified in all ages For the iniquities violences and wickednesses of Princes Kingdomes are translated from one Nation to another but tyranny was never of any durable continuance The Centurians and men at armes did freely and couragiously execute the commandments of the High Priest Jehoiada in suppressing the tyranny of Athalia In like manner all the faithfull and generous Israelites tooke part and joyned with the Machabites as well to re-establish the true service of God as also to free and deliver the State from the wicked and unjust oppression of Antiochus and God blessed with happy successe their just and commendable enterprize What then cannot God when he pleaseth stirre up particular and private persons to ruine a mighty and powerfull tyranny Hee that gives power and ability to some even out of the dust without any title or colourable pretext of lawfull authority to rise to the height of rule and dominion and in it tyrannize and afflict the people for their transgressions cannot he also even from the meanest multitude raise a liberator Hee which enthral'd and subjected the people of Israel to Jabin and to Eglon did hee not deliver enfranchise them by the hand of Ebud Barac and Debora whilst the Magistrates Officers were dead in a dul negligent extasie of security What then shall hinder you may say the same God who in these dayes sends us Tyrants to correct us that he may not also extraordinarily send correctors of tyrants to deliver us What if Adab cut off good men if Jezabel subborn false witnesses against Naboth may not a Jehu be rais'd to exterminate the whole line of Arab to revenge the death of Naboth and to cast the body of Jezabel to be torne and devoured of dogs Certainly as I have formerly answered the Almighty is ever mindfull of his justice and maintains it as inviolably as his mercy But for as much as in these latter times those miraculous testimonies by which God was wont to confirme the extraordinary vocation of those famous Worthies are now wanting for the most part let the people be advis'd that in seeking to crosse the Sea dry foote they take not some Impostor for their guide that may lead them head-long to destruction as we may read happened to the Jewes and that in seeking freedome from tyranny he that was the principall instrument to dis-inthrall them became not himselfe a more insupportable Tyrant than the former briefly lest endeavouring to advantage the Common-wealth they introduce not a common misery upon all the undertakers participating therein with divers States of Italy who seeking to suppresse the present evill added an accession of greater and more intollerable servitude Finally that we may come to some period of this third question Princes are chosen by God and establisht by the people As all particulars considered one by one are inferiour to the Prince so the whole body of the people and Officers of State which represent that body are the Princes superiours In the receiving and inauguration of a Prince there are Covenants and contracts passed between him and the people which are tacite and expressed naturall or civill to wit to obey him faithfully whilst he commands justly that he serving the Common-wealth all men shal serve him that whilst he governs according to law all shall be submitted to his government c. The Officers of the Kingdome are the Guardians and Protectors of these Covenants and contracts He that maliciously or wilfully violates these conditions is questionlesse a Tyrant by practice And therefore the Officers of State may judge him according to the lawes and if he support his tyranny by strong hands their duty bindes them when by no other meanes it can be effected by force of armes to suppresse him Of these Officers there be two kindes those which have generally undertaken the protection of the Kingdome as the Constable Marshalls Peers Palatines and the rest every one of which although all the rest doe either connive or consort with the tyranny are bound to oppose and represse the Tyrant and those which have undertaken the government of any Province Citie or part of the Kingdome as Dukes Marquesses Earles Consuls Mayors Sheriffes c. they may according to right expell and drive tyranny and Tyrants from their Cities Confines and governments But particular and private persons may not unsheath the sword against Tyrants by practise because they were not establisht by particulars but by the whole body of the people But for Tyrants which without title intrude themselves for so much as there is no contract or agreement