be manifest that the People even in such choice had their share their influence and their power also as in Saul And all the People went to Gilgal and there they made Saul King before the Lord in Gilgal 1 Sam. 10. 15. And several Writers are of opinion that Saul was not only anointed with Oyle first privately by Samuel 1 Sam. 10. 12. but also at two other times before the People once at Mizpah an another time at Gilgal So David though he were anointed of the Lord by Samuel yet all the mâ—n of Israel came with a perfect heart to Hebron and anointed David King over Israel and made a Covenant with him before the Lord 1 Chron. 11. 2. 12. 38. In summ Many Writers of several Persuations from these examples conclude that the People under God make the King. Beside the want of the publick Stamp of the People made Zimri who had usurped that Title and Office no King and yet made Omri King 1 Kings 16. 16. And those whom the rulers of Jezreel at Samaria 2 Kings 10. refused to make a King were no Kings This Power of the People made Athaliah a Princess no Princess by their translation of the Crown to Joah 2 Cron. 23. There 's now no Voice no immediate Oracle from Heaven no Samuel no Elisha no inspired Prophets to anoint David not Eliab Solomon not Adoniah no particular persons and therefore no persons can have a just Title to Crowns but by choice and approbation publick God hath only ratified the Kingly Office and described fit qualifications viz. Men of truth hating covetousness c. Exod. 18. 21. Deut. 1. 16 17. but doth not now name or appoint particular Persons but hath left it wholly and freely to the People to chuse for themselves and make their own Conditions It is farther observable that Saul after Samuel from the Lord had anointed him remained a private Person and no King till the People had elected and made him a King. So David though anointed by the same Divine Authority yet remained formally a Subject and not a King till Israel made him King at Hebron So Solomon though by God designed and ordained to be King yet never was King till the people made him King 1 Kings 1. What greater demonstration can there possibly be than such Scriptural both Precepts and Examples as are here set down for justifying of the right of the People in the choice of Kings and not only in the free choice of this or that Person to the Diadem or to this or that Government but also in the alteration and granting of Succession and in the change and alteration of the very Form of Government Moreover by God's owning Kings to reign by him Prov. 8. 16. is no more than God's general owning and constituting all things else viz. thine is the greatness and the power and the glory and the victory and the majesty for all that is in Heaven and Earth is thine thine is the Kingdom O Lord and thou art exalted above all both riches and honour come of thee and thou reignest over all and in thine hand is power and might and in thine hand it is to make great and to give strength unto all 1 Chron. 29. 11 12. This general Right and Power of the Almighty doth not abolish or impeach the Natural Right of his People in chusing themselves a King on their own Tearms and Laws woful experience having taught them that to live by one Man's will would be the cause of all Mens miseries the truth whereof we see experienced to this very day both in the Eastern and Western Empires which constrained them to devise Laws for the Regulation of every Man 's just Right that no Man might by lawless Dominion oppress another but that all should be governed by their own consent by Laws of their own making respect always being had Christianly speaking to the Laws of the Almighty Cui plus licet quam par est plus vult quam licet A People may be without a King but there can be no King without a People and therefore Kings not particularly and immediately named by God must own their Establishment and Inthronization to the People and ought to be accountable in some cases to them for they that give Power are by just Reason accounted greater and more honourable than they that receive it according to that old Maxime Quicquid efficit tale est magis tale and though Kings are to be accounted singulis majores yet are universis minores For Kings are not Patrons of their Kingly Power but Administrators and deputed Executioners thereof Now it necessarily follows that by the same Reason Kings have their Authority from the People so to them they are of right to be accountable for they chuse them and covenant with them for their own good If by God Kings do reign by God also the People have right and liberties to be governed how they please for the immediate appointment of Kings by God himself by his Prophets being now ceased the application of the Powers of the governed to this or that Person is left wholly to the common consent of themselves Be the right of Kings and of the People what it will from God they both equally derive it Wherever the People create themselves a King by the same right he is accountable to them and it participates as much of Divine right for the People to curb and oppose oppressing wicked Kings as to make Kings according to the 149 Psalm 8 9. To bind their kings with chains and their nobles with fetters of iron To execute upon them the judgment written this honour have all his Saints Nay God 's own People on whom he had set his Love had his own Command that when he had brought them into the Land whither they were going to possess That they should smite them and utterly destroy them and shew no mercy unto them Deut. 7. 1 2. Kings are constituted by God and Man to go in and out before them for Protection and Comfort not for Violence and Oppression and it is by righteousness that the Throne is established and iniquity will be the ruine of any Nation fury is not in him Isaiah 27. 4. And God himself hath given no Power to Kings Princes or Potentates but what is just and honest and hath tied them up and bound them by Laws viz. He shall not multiply horses to himself he shall not multiply wives to himself that his heart turn not away neither shall be greatly multiply to himself silver and gold And it shall be when he sitteth upon the Throne of his kingdom that he shall write him a copy of this Law in a Book And he shall read therein all the days of his life that he may learn to fear the Lord his God to keep all the words of this law and these statutes to do them That his heart be not lifted up above his Brethren and that he turn not aside from the
all his Saints Ps 149. 4 5 8 9. It is Piety alone that enobles Kings gives them a mighty Character and establisheth their Thrones Therefore Kings ought to be like the Sun in the Firmament comfortably influencing all their Subjects by governing justly and living uprightly having their Eyes on the faithful of the land and on them that excel in virtue and not suffering those that make Kings glad with their wickedness and Princes with their Lies Hos 7. 3. to tarry in their sights it being an abomination in Kings to work wickedness for the throne is established by righteousness if Solomon the wisest King that ever did or ever will sit upon a Throne can judge Prov. 16. 12. So Pope Leo Ep. 7. to the Emperor Theodosius Tune est optimus regni vestri status quando sempiternae incommutabili Trinitati unius Dei confessione servitur Then is the State of your Kingdom in it its Glory when it serveth and acknowledgeth one eternal God in the Immutable Trinity This God hath demonstrated by an Iliad of Examples both of old and more puny daies by punishing Kings governing tyrannically more signally and especially in Nebuchadnezzar who not conforming to the Counsel of Daniel by breaking off his sins by righteousness and his iniqities by shewing mercy unto the poor was turned into a very Brute being driven from men to dwell with wild asses to eat grass with Oxen till seven times had passed over him his body wet with the dew of Heaven his hairs grown like eagles feathers and his nails like birds claws before his understanding returned unto him to bless God and to acknowledge that the most high ruleth in the kingdom of men Dan. 4. So averred David a King after God's own heart Man that is in honour and understandeth not is like the beasts that perish Psalm 49. ver 20. What this Vnderstanding is is declared Job 28. 28. The fear of the Lord that is wisdom and to depart from evil that is understanding All other Wisdom in respect of this is but Brutish which made Constantine the Great to esteem all Principalities not subservient to the Laws of Heaven to be far worse than the Government of Goat-Keepers Shepherds and Cow-herds Euseb Orat. In the Kingdom of Insidels who have no right knowledge of God nor of his Laws the Supreme Law is only the safety of the Civil State and its Temporal Happiness but when a Gentile State becomes Christian then consequently it becomes also a Church whereby it loseth nothing which it had before but acquires a new Perfection by accrument of Divine Powers added to the Civil and consequently a greater Duty incumbent on the Governors thereof to seek and procure the Welfare and Happiness Such Kingdoms so united and so interwoven are in a more special manner the Inheritance and Kingdoms of our Lord Jesus Christ which his Father gave him as the Purchase of his bitter Passion Ask of me and I shall give thee the heathen for thine inheritance and the uttermost parts of the earth for thy possession Psalm 2. 8. And Christ doth imbrace the Glory of this his Kingdom so incorporated with so much more tenderness and affection than the Pomp and Pride of all earthly Kingdoms as that he threatneth those Kings Nations and Kingdoms that will not serve him shall perish and be utterly wasted Isaiah 60. 12. Speak every man truth in his heart to his neighbour execute the judgment of truth and peace in your gates therefore love the truth and peace Zechar. 8. 16 19. are Divine Oracles and shall challenge Obedience from every Individual but more particularly and especially they seem to have respect unto those that sit at the Helm that execute the Judgment of Truth and Peace in the Gates It is no doubt as great a fault to be silent when one ought to speak as to speak when one should hold his peace sins of Omission being no less dangerous than sins of Commission I think I do no dis-service to the Publick or transgress the duty of Honesty or Loyalty if I endeavour by Pen to set the Right of Government on a sure and right Foundation when I see daily so many false Principles exorbitant Powers and Vnaccountableness attributed to Cheif Magistrates as may make very Saints to transgress in Government that happily otherwise would not and these not Written by vulgar Pens only but Preached and Printed by Ministers of the Gospel that they might be delivered with the better grace and greater authority though not without most palpable wresting of Scripture to wrong senses and purposes which in Ministers of the Gospel is the more abominable but God shall cut off all flattering lips and tongues that speak proud things Psalm 12. 3. There are so many Sermons full fraught with such Principles that they who are esteemed the Governors of our Church cannot be ignorant of them yet they whom it most concerns to take notice of true and false Doctrines being silent which seems to argue consent hath encouraged me to put Pen to Paper to assert the truth It ought not to be imputed as a Crime to any who bring the Actions of Princes Popes or Prelates to the Touch-stone of Truth Truth though it begets hatred to the Asserters thereof yet like the Sun is a publick good which neither exempteth Princes Popes private Men no nor Angels from her Laws I have followed as near as I can the Beams of that Sun by adhering close to true Principles of Nature of Reason and of Scripture If any Light I have given hath discovered false Glosses or Truth from Error no reason to quarrel either with the Truths themselves or with the Assertor of them Truth seasonably spoken can hurt no Body If false Principles are censured and adjudged by Divine by Laws of Nature and Reason and disapproved by Christian Religion be pleased or displeased who will it matters not the care is taken It being more than human Tyranny to deprive Faith and Truth of Tongue or Pen for their Defence where Truth maketh no distinction of Persons I dare not I only condemn what she doth without respect had to Persons great or small if they clash with Truth or endeavour to obscure her brightness To assert Truth is no point of Arrogance and to search for Truth when it is concealed is the beginning of Charity and to assert it with constancy when it is apparent is the consummation of Charity and to walk in the Light thereof is the beginning and consummation of Happiness For who can be more blessed than he who enjoyeth Truth in its Excellency Constancy and Immutability I am not ignorant that Fear Honour and Reverence are due to Magistrates but more to Truth for God is Truth Nor is it Reverence with base flattery or ignorant blindness to hide the publick Blemishes and Miscarriages of the Actions of great Men. No no it 's downright flattering Profaneness dissembling and betraying the Truths of God. It 's much more Christian
Honour to declare them with Christian Charity and reprove them with Christian Modesty Thou shalt not hate thy Brother in thine heart thou shalt in any wise rebuke thy neighbour and not suffer sin to fall upon him Levit. 19. 17. whether he be of a great or little Figure in the World it matters not Go tell Judah of her sins and Israel of her transgressions be who will pleased or displeased therewith By which it appears that though Reproofs and Admonitions have been the Duty of every person from the very beginning of Religion Cry aloud spare not lift up your voice like a trumpet proclaim defiance sound a challenge and charge against them shew the people their transgressions and the house of Jacob their sins Isaiah 58. 1. yet they are seldom or never acceptable but on the contrary get hatred to those that discover their Dalilah's their bosome sins but their comfort is that by reproving they fulfil God's Precepts and he that hateth reproof erreth is bruitish and shall die Pro. 10. 1. 15. Pro. 12. 15. Pro. 10. A most strange and unhappy temper to return hatred for good will to hate those that show the greatest kindness that possibly mortal Man can show he that regardeth reproof shall be honoured and is prudent Prov. 13. 18. Pro. 15. 5. He that refuseth instruction despiseth his own soul but he that heareth reproof getteth understanding ver 32. As to despise Dominion and speak evil of Dignities is a great Crime to be punished by the Judges so there is a wo to them who call evil good and good evil that put darkness for light and light for darkness Isaiah 5. 20. Wherefore if they whose immediate Duty it is to tell Judah of her Sins and Israel of her Transgressions will by a sinful compliance be silent or daub with untempered Mortar not daring to declare plain Truths which is tant à monte a tacite giving consent and countenance to publick Sins and Injuries by such their connivance and dissimulation I hope they will not blame those who dare call Vices by their proper names I am ignorant of such quirks of Conscience which so much injure Justice and Piety as by such perverting the plain Truths of Religion and prevaricating with God Almighty by pleasing Men rather than Truth as if both might not and ought not to stand together as if a due respect to Men even to great Men and a just censure of Sin and Wickedness might not justly be maintained So that if any thing in this present discourse seem more harsh or severe than usual it is intended against the Vices and Abuses of the Powers not against the Persons nor any just Powers If they are Truths that I have declared I ought not to be blamed if Errors they 'l easily be discovered and refuted and the greater Truth will appear If I have committed Errors and injured Truth I am sensible of my own Infirmities and that Reason is seldom so perfectly reduced to Science but that I and all others may be mistaken Humanum est errare Let those that shall discover such Errors consider that they themselves are Men and subject to like Errors and Frailties and may be deceived and that possibly when by disquisition a greater Light may discover that that may be the Readers mistake which he esteemeth may be the Writers Error In summ All the Glory of Kings and Kingdoms ought to serve God by judging righteously by countenancing the Faithful of the Land and not suffering the Wicked to influence their Councils and by walking wisely in a perfect way and by hating the Works of them that turn aside and by not suffering those that have high Looks and proud Thoughts as being made choice of by him to administer in his Kingdom as Nursing-fathers of his people Isaiah 49. 23. God blessed for ever who setteth up Kings and removeth them doth only love the Principality and Kingdom of his own Eternity and himself continually addeth to the Glory and Enlargement thereof but willeth and expecteth the same from all Kings Princes and Governors of Temporal Scepters to do the same and that under severe Menaces and Penalties Whatever therefore of Inlargement Glory Stability the carking Cares or Designs of the great Men of the Earth may project and promise to themselves by being Kings and Princes on the Earth they are all but magnificum nihil toys gewgawes and vanity in the sight of God when put into the Ballance with that Kingdom which Christ alone loveth respecteth and desireth and unto which unless they be heartily subservient to serve and inlarge the Kingdoms of our Lord Jesus Christ they shall become like the chaff of the summer threshing-floor and the wind shall carry them away and the God of Gods and Lord of Kings shall set up a kingdom which shall never be destroyed and the kingdom shall not be left to other people but it shall break in pieces all other kingdoms and it shall stand for ever Dan. 2. 44 45 47. If Kings will not kiss the Son nor do their Duty in purging the House of the Lord may not Eliah and the People do their duty and cast out Baal 's Priests Reformation of Religion is a personal act that belongeth to all even to every private Person according to his place they may swear a Covenant without the King if he refuse and build the Lords House themselves 2 Chr. 15. 9. and relieve and defend one another if oppressed for our Acts and duties of defending our selves and the oppressed do not tye our Consciences conditionally so the King consent but absolutely as all duties of the Law of Nature do Jer. 22. 3. Prov. 24. 11. Isaiah 1. 17. 58. 6. Be wise now therefore O ye kings be instructed ye Judges of the earth Serve the Lord with fear and rejoyce with trembling Kiss the son lest he be angry and you perish from the way when his wrath is kindled but a little blessed are all they that trust in him Psalm 2. Therefore it becomes you that sit upon Thrones to observe and obey the true unquestionable divine Lex Regia to you it is commanded Deut. 17. 18 19 20. viz. to read in the Book of the Law all the days of your lives that you may learn to fear the Lord your God to keep all the words of the law and the statutes to do them that your hearts be not lifted up above your brethren by whom and from among whom ye your selves were chosen and set in great Glory Honour and Dignity to go in and out before them judging righteously and that you turn not aside from the commandment to the right hand or to the left do violence to no man for God hates the violent man and evil shall hunt the violent man to overthrow him Psalm 140. 11. Be content with your Tribute and exact no more than what is appointed you by publick consent take care that there be no violent perverting of Judgment no shamming of
Laws or prevaricating with false constructions of Laws or by Innuendoes lest thereby the Lives and Fortunes of your Subjects be taken away and it shall be your Wisdom and your Understanding and all your People will call you Blessed and it will be your Comfort at the end of your Days a time speedily approaching when all Crowns Scepters and Royalties must be resigned to God the Judge of all Men when you shall all stand in an equal distance with those you now call Vassals and use rather like Beasts than Images of God and Christians before his Tribunal when no Titles of Honour no Eminency of Station no Treasures of Wealth no Strength of Armies or Dependencies will accompany any of you into the Presence of the Lamb to stand between you and the Judgment of the great Day for God is no respecter of persons and will not be mocked Be wise now therefore O ye Kings even to day whilst it is called to day before the irreversible Decree of Wrath be gone forth and esteem that Lex Regia all his other Laws Statutes and Judgments more than your necessary Food and that they may be sweeter to you than the Hony and the Hony-comb lay them up in your Hearts and in your Souls bind them for a sign upon you hands that they may be as frontlets between your eyes that you may teach them to your subjects as was commanded to Josiah Deut. 17. 17. speaking of them when you sit in your houses and when you walk by the way when you lie down and when you rise up write them upon the door-posts of your houses and upon your gates bind them upon your hearts and tie them about your necks and make them your continual Ornament that when you go they may lead you that when you sleep they may keep you and that when you awake they may talk with you and teach you to keep sound wisdom and discretion that in all your ways and conditions they may be your Safeguards your Companions and your Comfort Be wise now therefore O ye Kings be instructed ye Judges of the Earth Let your provident care reach beyond the forecast of the Fool in the Gospel even for immortality it self make no provision for the flesh to fulfil the Lusts thereof for there is but one thing only necessary Do not desperately slight and condemn the purity and simplicity of the Gospel but abstain from all appearance of evil and resist unto blood striving against sin Be not like those Fools that make a mock of sin and so cursedly cruel to your immortal Souls as to dote on Mediocrities of Grace by understanding God otherways then he will be understood and so delude your own Souls and be forced at last to sing Lachrymae when you shall see the poor despised righteous stand in great boldness in the presence of the Lamb and you your selves thrust out with A go ye cursed and then cry when it is too late We fools counted their lives madness and their ends to have been without honour and now how are they numbred among the Children of God and their lot is among the Saints Wisdom 5. 1 4 5. Break no Laws nor Covenants made with your People Consider with what terrible Solemnity God published his Laws and Covenants on Mount Sinai with Thunder and Lightning Fire and Tempest Smoak and Darkness with expectation of an exact performance of all his Laws and tho in much Mercy Pity and Compassion to us he hath since removed the curse from it as it is a killing Letter and ministry of death and hath now published it in the hand of a Mediator And consider withal that he hath so great a detestation and hatred against sin that it amazed the very Soul of Christ himself and made him who had more strength then all the Angels in Heaven to shrink and draw back and to pray with strong cries and bloody drops against the Cup of his Fathers Wrath and against the work of his own mercy and to decline the business of his own coming Now or never be wise O ye Kings and be instructed ye Judges of the Earth and consider that what I have written is for the true interest of your immortal Souls and is of everlasting consequence and that within a few years you must bid an everlasting farewel to all your Kingdoms and Glories that your Winter-houses and your Summer-houses that your Houses of Ivory and your great Houses shall be smitten and have an end and as you brought nothing with you into the world so shall you carry nothing out but your own Consciences which will be as a thousand Witnesses to testifie against you and that Heaven and Hell will divide the whole World and when God makes Inquisition for blood he will remember the cry of the poor Psal 9. 12. and revenge the Persecutions and Blood of his Saints shed either in War or Peace Think not more highly of your selves than you ought to think but think soberly that at the day of Judgment you shall have no more favour than the meanest of your Black-Guard Humi-repentis est Indolis nunquam insanire sine timida Apologia and yet not quite mad most Noble Kings Princes and Potentates for if you will seriously and Christianly consider your own most true and eternal Interest and that unum necessarium which is and ought to be the greatest and deepest concern of all Princes as well as of all Peasants you will find that I have written the words of truth and soberness and am so far from doing you wrong that it will lead you to the true way of happiness both here and hereafter and to give up our Accounts with comfort at the great and dreadful day of Accompt Consider how mighty prevalent your Examples are to good or evil more than Twenty thousand Pulpits The sins of the Vulgar hurt little by infection but the sins of the Mighty are pestilential and poysonous I have done only beg your favour that what I have written I have written as Advisoes and Admonitions not as Imputations Hear therefore O ye Kings and understand learn ye that be Judges of the Earth give ear ye that rule the People and glory in the multitude of Nations for power is given you of the Lord and sovereignty from the Highest who shall try your works and search out your Councils because being Ministers of his Kingdom you have not judged aright nor kept the Law nor walked after the Council of God. Horribly and speedily shall he come upon you for a sharp judgment shall be to them that be in high places for mercy will soon pardon the meanest but mighty men shall be mightily tormented for he which is Lord over all shall fear no mans person neither shall he stand in awe of any mans greatness for he hath made the small and great and careth for all alike but a sore Trial shall come upon the mighty Unto you therefore O Kings do I speak that you
he breaking his Covenant God became free and discharged of his promise and rent his Kingdom from him The same Jeroboam erecting twâ— Calves in Dan and Bethel became â—in unto the House of Jeroboam even to cut it off and was first punished by the death of his Son and then destroyed it from off the face of the Earth 1 Kings 13. 34. And why Because they kept not God's Covenant The Scripture is full of such Examples of the Kings of Israel and Judah As the Gospel succeeded the Law so Kings Christian are in the place and stead of Jewish Kings and are under the same Covenants the same Pacts and the same Punishments and the same God is the same Revenger of all Perjuries and Perfidiousness and Covenant-breaking As the Jewish Kings were strictly obliged to the observation of the Law so Kings Christian to the observation and propagation of the Gospel unto which they Swear at their Inauguration Herod who ought to have advanced the Kingdom of the Lord Christ fearing Christ himself as a Competitor for his Kingdom condemned him to Death Behold how soon he miserably perished and lost his Kingdom How soon was Julian the Apostate in despight of all his obstinacy and perversness brought to his scornful Exclamation and Acknowledgment of Vicisti Galilae Histories both Sacred and Profane Old and New are full of such fearful Examples which may teach all Kings and Princes That though they set themselves and the Rulers take counsel together against the Lord and against his anointed which are his People Psalm 105. 14 15. yet he that sitteth in the heavens shall laugh them to scorn and the Lord shall have them in derision and in his due time shall break them with a rod of Iron and shall dash them in pieces like a potters vessel and make all their enemies their foot-stools Psal 2. 100. And they shall confess the Lamb Christ Jesus to be King of kings and Lord of lords and that they that be with him to be the chosen and faithful Rev. 17. 14. It is wonderful and ineffable to consider that the great God of Heaven and of Earth did not create Men only a little lower than the Angels and in his own Image and give them also dominion over the fish of the sea and over the fowl of the air and over the cattle and over every living thing that moveth upon the earth Gen. 1. 26. but such was his admirable Love to Mankind that he hath in some measure given him a share and part with himself in the External and Worldly Administration and Government of themselves and of the things below in directing them to a Government according to his own Pattern displaied in the Old and New Testament and given them Laws to Govern themselves and Honours and dignifies them with the Title of his own Lieutenants and Vice-gerents nay of Gods I have said ye are Gods c. Psalm 82. 6 7. viz. By me Kings reign and Princes decree justice Prov. 8. 15 16. who in the days of the Prophets and since hath left them unto their own free choice and discretion still observing his Laws and Commands against which no Law can have force And God himself remembring his Covenant the Word which he swore to a thousand Generations became a Pattern to all his succeeding Vicars and Vice-gerents to imitate When he sent Joseph before him into Egypt in his due time to bind Princes at his pleasure and teach his Senators wisdom when he sent Moses his Servant and Aaron whom he had chosen to hector proud Pharaoh King of Egypt and bring out his people Israel with a high hand and stretched out arm and deliver them out of the Iron furnace and Egyptian bondage reproving Kings for their sakes saying Touch not mine Anointed and do my Prophets no harm when he led them through the wilderness by spreading a cloud for their covering and fire to give light in the night when he made the red sea a wall unto them on their right hand and on their left and at the same time overthrew Pharaoh and all his hoast in the midst of the same so that there remained not so much as one of them but brought Israel forth with Gold and with Silver and not one feeble person among their Tribes and gave them the Land of the Heathen for their inheritance and uttermost parts of the Earth for their possession Of such vast and near consequence and concern was the Happiness and Welfare of the People of the Jews though a rebellious generation unto God himself that he used â—his Almighty Power and wrought Miracle after Miracle rather than not deliver them from the Hands of their Enemies and cruel Bondage A notable Document to all Christian Kings who pride themselves and glory in being stiled and esteemed his Vice-gerents to imitate God and his Vice-gerent Moses in all their Governments in keeping Covenants and being in good earnest Nursing-fathers to the governed and carry them in their Bosoms as Nursing-fathers bear their sucking Children and not vex them with their Wyles nor yet with any Oppressions or Tyranny CHAP. III. The true Basis and Foundation of all Governments and right of Legislation is consent of Parties who may delegate and devolve the use of their own power on one or more Persons without devesting themselves of the Supreme Dominion thereof And that common Good is the main end of all Governments Kings made by the People THESE things thus premised I lay this for an undeniable Truth as the Basis of all true Government viz. That Paternal Government excepted to which within their own private Families Nature hath given a Supreme Power throughout the World even from the first Creation thereof and have ever been reputed as Lawful Governors therein no Man nor any number of Men can have compleat Lawful Power or Authority over any number of society of Men but by consent of Men or by immediate appointment of God which position will justice all subsequent Superstructures all other Governments being unnatural violent and usurped and therefore unlawful whereby it is manifest that the whole Right and Power of Government is originally in the Governed who may transfer and vest as much of their own Power as they please on one or more Governors without devesting themselves absolutely of the Supreme Dominion thereof which still remains virtually in them they delegating the Use only not the Patronage and Dominion of their own Power for the better Execution Administration and Regulation of those Laws which by common consent they should make and chuse for the sake of Justice Peace Order and Piety Common good being the main end for which Societies and Governments were instituted by God and Man and without they tend unto that end they are not perfect And in all such delegations salus populi the good of the governed is and so ought to be the Supreme Law and is always so expressed or imployed and so to be undertaken and understood This
King. 14. 21. Did not Jeroboam and all Israel come to Sechem to make Rehoboam King c. as before 2 King. 12. 16. Have not all Nations the same undeniable Right to Capitulate and set Kings over them and bind them by their own Laws and Tearms and by Solemn Oaths It is clear that the Jews in their Sanhedrim Melec and other parts of their Talmud with the Writers thereon that it was the Law and Custom of their Kingdom that their Kings of the House of David especially were to be judged as well as to judge Have not all our English Kings as well as their Subjects had English bounds by Laws quas vulgus eligerit Have not our Kings confessed and owned that we are not bound to serve them but according to our Laws And our Allegiance is not Absolute but bounded and limited by Law. Nay the old Oaths in Saxon and first in Norman times did respect the Kingdom and its common good and profit to defend the Kingdom with the King. Sicut Conjurati fratres ad defendendum regnum contra Alienigenas contra injurias una oum Domino Rege c. That which is said before concerning the Right of Government is as justly and as undeniably applicable to the Right of Legislation whereby to Govern which Power God uncontrolably hath over all the World. And by the Law of Nature whereunto the whole Race of Mankind is subject the lawful Power of making Laws to command and govern whole Nations Kingdoms and Politick Societies of Men belongeth so properly unto the same intire Societies that for any Person how Mighty and of what Degree or Kind soever on Earth to exercise the same of himself and not either by express Commission immediately and personally received from God unto which there can be no possibility of pretence but by Impudence or else by authority derived by consent and suffrages of those Nations and Kingdoms on whom they violently impose Laws it is no better than meer Tyranny Just Laws therefore they are not which publick approbation by their own consent hath not made so For what Princes or Potentates soever Govern they never so wisely and with never so good intent and design with never so good success yet nevertheless they transgress both divine and human Laws if they have not the publick Sanction and Stamp of the governed for their right of Governing them The Will Pleasure and Commands of God are the only perpetual and immutable Rule of Justice to which all Men without exceptions ought to submit and obey absolutely The Commands of Princes though his Vice-gerents are to be obeyed only on conditions viz. so that they command nothing that is sinful or contrary to the Law of God or Nature or municipal Laws of the Country Princes that require such Obedience to their Commands do as much as in them lieth make their Thrones equal to the Throne of the Almighty who never hath given nor never will his glory to another Isaiah 48. 1. The command of Pharaoh to slay the Hebrew children Exod. 1. 21. was unjust and God blessed the Midwives that refused to obey it So God blessed Daniel and the rest that refused to fall down and worship Nebuchadnezar's prodigious Idol So Abdias refused to slay the Prophets contrary to the command of Jezabel but on the contrary hid them from her fury and nourished them 1 King. 18. 13. So Matathias opposed and resisted Antiochus commanding Sacrifices to be offered to Idols So Christ and after him the Apostles preached the Gospel publickly and privately contrary to all commands of Cesars chief Priests and Scribes alledging for their Justification Acts 5. 22. Whose examples the holy Marters followed The Authority of all Magistrates be it never so great is bounded and circumscribed by God himself by Piety and Charity and if they trangress those Rules the 5. of Acts 22. takes place lest we be found in the company of those mentioned Mich. 6. 16. whom God cursed for that they obeyed the wicked commands of Kings CHAP. IV. Examination of some different Opinions Kings though nominated by God yet had their Confirmation by the People on their own tearms and have a just right to chuse or reject to limit and bound them HAving thus demonstrated the absolute necessity and profitableness of 〈◊〉 the final end and efficient cause and just right thereof where and in whom vested wherein I have not used cunningly devised Sophismes or 〈…〉 to the custom of some Priests and Jesuits but plain demonstration of Truth according to the Law of God of Nature and of Reason neither 〈◊〉 I singular in thâ—se Positions and Fundamental Basis and right of all just Dominion but have followed herein Judicious Hooker that English Oracle and Padre Paolo that Oracle of 〈◊〉 and divers others And whoever will peruse the Collection of the Authors 〈◊〉 Goldastus or the Avant-Proposdes Lettres Embassade de Missire Philipe Canays 〈◊〉 de Fresne wherein are the Names and Titles of 145 Tracts wherein you 〈…〉 divers good Authors of the judgment back'd with sound Reasons for such 〈…〉 But because nothing can be so advisedly so carefully so punctually 〈◊〉 as to escape the contradictions of subtle prevaricating and perverse wits I shall 〈◊〉 the liberty to examine the different Opinions of some others and those not 〈…〉 but shall not clog this Paper with many Names it 's enough to name 〈…〉 viz. It 's certain that Kings have their Power from none but God boldly said 〈…〉 be justified by any Law of God of Nature or of Reason it is pure 〈…〉 Doctrine and diametrically opposite to those who affirm That all 〈…〉 Laws of God and Nature is immediately in the Multitudes as in its 〈…〉 confer the same on one or more by the same Laws of God and Nature The 〈…〉 give is Obj. That by Natures Law no Man can give that which he hath 〈…〉 hath just power of his own Life and Death or Members therefore much less of 〈…〉 therefore the People cannot establish Government because they have 〈…〉 or Death no not of their own and therefore cannot confer any such power 〈…〉 who gives Life hath that Power and they to whom he gives it Sol. No more havâ— Kings without some lawful Power conferred on them so to do which they cannot 〈◊〉 have immediately from God and therefore must have it aliunde viz. from and by consent of others Hence that Command Thou shalt not kill Exod. 20. 13. whâ—sâ— sheds 〈…〉 by Man shall his blood be shed At the hand of every beast will I require it 〈…〉 hand of man at the hand of every man's brother will I require the life of man Gâ—n 9. 〈…〉 Thou shalt not kill is the general Precept of God and Nature and obligeth 〈…〉 private Men. And whoso shedeth mans blood by man shall his blood be shed by 〈…〉 is by the Magistrates whose Power is here established for sheding the Blood 〈…〉 Murderers as the Chaldee expresseth it saying With
set a stranger over thee which is not thy brother 2. By the constant practice of the jews under the Prophets and since And not without this moral reason That one from among themselves being by their consent and suffrages set King over them that what Authority soever they grant unto Kings they may acknowledge to have had it from the People and therefore obliged more readily to imploy all their times studies strengths and endeavours for the good of them who set them over themselves to take the burden of the Government upon their Shoulders and therefore they consent to pay them all Honour allow them great Priviledges and Prerogatives and give them Munificent Tributes and Maintainance for the Support of them and the Governm nt and swearing Allegiance unto their Kings and the Kings swearing unto the People to keep Faith with them in the due performance and execution of the Laws already made and to be made The reason formerly set down doth warrant this viz. No Man hath or can have any lawful Power to Govern Kingdoms and States but he must have it either immediately from God himself which no Man now can possibly pretend unto or by consent of the Paâ—tâ—â—s The Elders of Israel being the representative 1 Sam. 10. 19. of the whole Kingdom for by that name are generally meant Centurions Captains Judges Princes of all the Tribes â—f Israel c. came to Samuel in Ramah desiring a King to 〈◊〉 in and out before 〈◊〉 like the Nations at whose instance Samuel did anoint Saul to be their King neverless Samuel that Saul might know that he was chosen by the People called all the Peâ—â—â— together in Mizpeh by their Tribes and by their Thousands where as if the farmer Election and Anointing had been insignificant they cast lots which â—ell upon the Tribe of Benjamin and Saul the Son of Kish was taken and all the People shouted and said God save the King 1 Sam. 10. 17 c. All which was done at the Peoples instanceâ— And lest the Election of the King should be attributed wholly to the chance of Lots all the People by the advice of Samuel some few grumbling Dissenters excepted having said Shall Saul reign over us 1 Sam. 11. 13. went to Gilgal and renewed the Kingdom there and made Saul King before the Lord in Gilgal ver 14. 15. Which manifests that though Saul was chosen by God himself and also by Lot yet was constituted confirmed and approved by the suffrages of the People God indeed before ever there was a King in Israel knowing that they would reject him and foolishly desire a King like all the Nations round about them prescribed Rules and Laws whereby they ought to Govern Deut. 17. So David Samuel Saul being rejected by God from Reigning over Israel by God's command anointed David at â—ethlâ—m whom God had chosen King over Israel Did David therefore Reign though so chosen by God himself and anointed by his own command No sure he was so far from it that he avoided the presence of Saul hiding himself from him and arming himself with the Sword of Goliah and armed Men against the evil designs which Saul had against him and fled from him wandring up and down and became as it were an exiled and Out lawed Person and was not King till Saul was dead nor then neither until all the People of Judah first chose him King of Judah by their suffrages And seven years after all the Tribes of Israel and all the Elders of Israel came â—o Hebron and made a Covenant with him before the Lord and then they anointed David King over Israel 1 Sam. 16. 13. 1 Chron. 11. 3. 2 Sam. 5. 3. Besides if Samuel's first anointing of David King had formerly made him King then either Saul was thereby deposed or else there were two Kings of Israel at one time which is monâ—â—ous to conceive for according to their Doctrine Kings have no Royal Power from the People but it is manifest David was not King for that after his being so anointed he oâ—ten called Saul the Lord 's anointed and that by the Inspiration of God's Spirit Moreover he neither challenged nor executed any Royal Authority till he was crowned King by all Israel at Hebron but was persecuted and hunted as a Partridge on the Mountains and that as a Rebel to Saul of which he acquitted himself when he had the Life of Saul in his power and yet would not take it which he justly might have done had he been really King and it had been a crime in him being King not to have executed his Royal Authority in doing Justice and Judgment by cutting off Saul a murtherâ—r who killed the Priests of the Lord especially seeing Saul according to such doctrine must be but a private murtherâ—r and David the only lawful King. Whereby it is apparent that not Samuâ—â— s Oil but the consent and suffrages of the People that made both Saul and David Kings Whereby it is apparent that though God appointed David to be their King yet not so Absolute but that he should be under and subject to agreements with his People and make a Covenant with them on tearms to which he should be obliged to perform with them as they with him and this before the Lord by which Covenant he was obliged to keep within the Boundaries which God and the People had set So David was twice anointed 1. By the Prophets by God's command in token of his Election 2. By the instance and suffrages of the People in Confirmation of his being constituted King by them 2 Sam. 4. 11. 5. 13. So it is true that by God Kings Reign yet so as not without the Peoples Consent Approbation and Covenants first had that he may Reign over them for their good Besides Kings receive not their Kingship immediately from God nor the Sword because the People were first girt with the Sword. Moreover will any Christian say that the Kings of Nations who lived without God in the World did Rule and Reign by Gods immediate appointment I trow not The like is observable in Constituting Solomon King who though David 's Son and God chose him to sit upon his Fathers Throne and to be a Father unto him as he had promised David 2. Sam. 7. 13 14 15. And though David had promised his People that Solomon should succeed him and sit upon his Throne yet this was not sufficient and therefore David assembled all the Princes of Israel and the princes of the Tribes and the captains of the companies and captains over the thousands and the stewards over all the substance of the possession of the King and of his Sons with the officers and with the mighty men and with all the valiant men which bear any publick office and as it were the representative of all Israel and consequently had a share in the Government and in the Election unto Jerusalem This great congregation made Solomon the Son of David King
Kings receive all Royalty from the People and for behoof of the People and that by a special Trust of safety and liberty expresly by the People limited and by their own Concessions and Oaths ratified as for certain they do then Emperors and Kings cannot be said to have so unlimited and high a property in our Lives Liberties and Possessions or in any things else appertaining to their Crowns as the Governed have in their Dignity or in themselves The safety of Kingdoms is to be valued above any right of any Monarch as the end is to be preferred above the means It is not just nor possible for any Nation so to enslave it self to resign its own Interest to the will of one or many Lords as that they may destroy or abuse it without Injury and yet to have no right to preserve or right it self For since all natural Power is in those that obey they which contract to obey to their own Ruine or Slavery or having so contracted they which esteem such contract before their own preservation are fellonious to themselves and rebels to Nature Livy lib. 1. ab V. C. describing the beginning of the Roman Kingdom Records that among those Hundred named Kings after the Death of Romulus who succeeded and governed that People successively That if they did not please the People it was ordained by common consent that the People should chuse their Kings and that the Authority of the Senate should confirm them It 's manifest that Kings being set up by the People on conditions which if they perform not the People being Convocated according to their distinct Orders and Ranks by the same Authority they had to set up Kings on Tearms and Conditions by the very self-same Authority they may curb and dethrone them which they made good against proud Tarquin their last King. Moreover Seneca observes out oâ— Cicero de Republica that Appeals do lie from the King to the People as in the case of Horatius that killed his Sister who by Delegates appointed by Tullus Hostilius the King was condemned yet was afterwards absolved and quitted by the People Dionysius testifies the same that Romulus when he consulted about settling the Kingdom did declare That the King was the keeper of the Laws yet in the mean time that the Power of creating Magistrates making Laws War and Peace was still left with the People as inherent in them Populi suffragia sunto Magistratus creanto leges sciscunto pacem bellumque jubento Calv. 985. Which farther appears by the History of Collatinus who first was Consul with Brutus that the People by which Title is understood the Plebeian State which now is called the Third State as among the Romans viz. Patritian Equestrian Plebeian had the same Power against the Consuls although they had the Supreme Power when there were no Dictators To this Livy lib. 2. ab V. C. gives Testimony Timens the Consul fearing to be called to Account at the end of his Consulship quitted it But Collatinus the Consul though accused of no crime yet being of the Name and Family of the Tarquins was suspected and removed by the People Hence it is easily gathered that the People would much more use their Authority on any Consul if criminally accused although by the Law they were not to be questioned till their time was ended It 's true after the Decemvirate was constituted which was Anno 302. no Appeal did lie from them to any other Magistrates But when they alternately Governed it was lawful to Appeal from the Judgment or Sentence of one to the Judgment and Sentence of another So far unpleasing was an unlimitted Power to the Romans that at last the Decemvirate was forced to quit their Power It 's true no Appeal lay from the Dictatorship but that Power was never erected but in very perillous times and extreme oppression necessitating and lasted but a very little while Cal. 1050. Semestre scilicet And which is yet more admirable if at any time an Appeal to the People from the Supreme Power of the Dictator was brought he of his own accord consented As may appear by the Transactions between L. Papyrius Dictator 2. Fabias Anno ab V. C. 429. Tho' Julius Caesar violently obtained his Power over the Romans yet would seem and did pretend to have had all his Dignities and Gifts according to the ancient custom from the People for which Usurpation he was afterwards slain So Augustus no Heir of the Empire but adopted by him to be his Successor pretended that he was of right chosen by the consent of the People Neither did Tiberius by any other way succeed him and after him Caligula was chosen by the consent both of the Senate and the People but Claudius first obtained the Empire and the Military Power by Bribes but did not govern without the consent of the People Nero having poysoned him succeeded him and reigning tyrannically the Senate resumed their Power which had a long time slept condemned him as an Enemy to the Roman State By all which it appears that Caesars becoming Tyrants may lawfully be resisted and censured and tho their Empire seem very large by the Lex Regia made for Augustus and confirmed for Vespasian yet it was circumscribed and limited neither was it approved of without exception as long as there were places for Law and Equity So the Athenians when they changed their Democracy into an Aristocracy they set over themselves first Thirty then Ten who abusing their Poower they soon removed and punished them by the same Power by which they created them The Lacedaemonian Kings having been wont to be chosen out of the Family of the Heraclides which Lysander endeavoured to have altered but could not Plutarch their Kings being chosen on Terms and Conditions the People appointed certain called Ephori to be a Bridle to them These Ephori sometimes deposed banished and beheaded till at last Cleomenes the Tyrant traiterously slew them all Zenophon records of the Lacedaemonians that both the Kings and Ephori were wont every Month mutually to swear to each other these in the Name of the People and the King in his own Name That he would govern according to the Prescript of their Laws and that they would keep the Citizens true to him if he kept his Oath This was the Right Power and Practice of the Heathen of which more hereafter Let us now consider the State of the Israelites the most perfect Government in the World if they would have been contented with it for they had God for their only Monarch not only because he was Lord of the whole World but because he chose them to be his peculiar People in that he gave them Laws by Moses and gave them the promised Land by Jeshua who governed them by Judges at which time the Government was Monarchical tho by the Ministry of the Judges which if Kings would now imitate and govern accordingly there would be no need of these
Pulpit it that if they do break their Covenants yet they are accountable to none but God What is this less than like false Prophets to create Subtilties and coin Evasions to rob Kingdoms of their Laws Liberties and Religion and to seduce and betray Kings to the pit of Hell even to Tophet it-self A very trick to tempt Kings to break Covenants and Perjure themselves CHAP. VIII Judges-not less essentially Judges and the immediate Vicars of God than Kings What Powers and Prerogatives Kings have they have them from the People The Peoples Prerogatives They are to be governed by Laws of their own making quas vulgus eligerit JUdges are not less essentially Judges and the immediate Vicars of God than Kings They who judge in the room of God and exercise the judgment of God are as essentially Judges and the Deputies of God as Kings Inferior Judges appointed by King Jehosaphat were commanded by him to take heed what they did for yee judg not for man but for the Lord 2 Chron. 19. 6. By which it appears that they were Deputies in the place of the Lord and not the Kings Deputies in the formal and official acts of Judging and so owned by the King himself If they were not then Kings might command his Judges as his Servants to give what Judgment they pleased but Kings ought not to guide or limit the Consciences of Inferior Judges because the Judgment is not the Kings but the Lords the reason is demonstrable for that Kings have no Authority to command any other to do that as King for the doing whereof he hath no Power from God himself Moses appointed Judges but not as his Deputies to judge and give Sentence as subordinate to Moses for the judgment saith he is the Lords not mine Deut. 1. 17. and their directions to guide them in judgment is from God himself by Moses viz. ye shall not respect persons in judgment c. Yet the Judges may quodam sensu be termed Deputies of the Kings because they have their external call from them If Kings are to be obeyed because they are Powers from God so are Inferior Magistrates also for they also are Powers ordained of God. By me Kings reign and Princes decree justice By me Princes rule and Nobles even all the Judges of the earth Prov. 8. 15 16. By which it is apparent that the Power of Judges Nobles Princes c. all Officers of the Kingdom not of the King is as really and truly from God as that of Kings and differs not in nature from that of Kings but secundum magis minus only both being Powers ordained of God and to resist either is to resist the Ordinance of God both being Minister of God for the good of the governed both obliged so to Govern that the governed for whose good they are equally intrusted may lead a quiet and peaceable life in all godliness and honesty 1 Tim. 2. 2. and to judge righteously between every Man and his neighbour and not to respect persons in judgment but to hear the small as well as the great and not to be afraid of the face of men and the judgment administred by all is Gods 2 Chron. 19. 6. Deut. 17. 19 20. Isaiah 1. 17. and God owneth inferior Judges as a Congregation of Gods Psalm 82. A Senate of Kings not so stiled any where Yet all are equally called Gods John 10. 35. and that rightly for as Kings are God's Deputies by the mediation of the People so inferior Judges are God's Deputies also by the mediation of Kings and of the People and we find that Judges were some time chosen by the People So Jepthah was made Judge then Jepthah went with the Elders of Gilead and the People made him Head and Captain over them Judg. 11. 11. But that God gave Power of Tyrannizing to Kings so as they cannot be resisted or called to an account which he gave not to Judges cannot be made out by any Scripture What Scripture doth warrant that the People might rise up in Arms to defend themselves against Moses Gideon Ely Samuel and other Judges should they have Oppressed or Tyrannized over the People Or that it is not lawful to resist the most Tyrannical Kings of Israel Judah and yet lawful to resist Oppressing and Tyrannical Judges But certainly God Almighty that made the whole Creation not only for his own Glory but also for the Good and Happiness of the whole Race of Mankind would never give any Power to Kingly or any other Form of Government to Oppress and Tyrannize over the governed uncontrolably and unaccountably whose Blood is always precious in his sight and in whom is all his delight It is monstrous so to conceive and derogatory to the very Mercy Justice and Purity of God that he should Create the whole World for the Comfort and Solace of Mankind in general without respect of Persons and yet at the same time subject them to Kings to be used as slaves or which is as bad not to be resisted or not to be accountable to any human Power if they at any time should Tyrannize Certainly such Opiniators and Preachers of such Doctrines do as much as in them lies to frustrate and defeat the whole design of the Creation which was designed for the benefit joy and delight of the whole Race of Mankind in general and by this Doctrine it shall be at the pleasure of every pettish haughty Prince to make every Principality every Kingdom an Aceldama a Golgetha an Iron Furnace an Egyptian Slavery what not Which God the Great and Wise Creator abhors and manifested his Wrath and Indignation against it by pouring his severe and manifold Judgments upon that very Nation which pleaded nay hectored for his Prerogative so long with God himself till he overwhelmed him and all his Hoast with his Prerogatives in the red Sea. Obj. Abstracta concretis sunt puriora perfectioria The Powers that Kings have they have it from the People who make them Kings and they having no absolute Power over themselves cannot contribute any such Power to Kings The Powers that the People have are only Natural and Legal and Political viz. to make and submit to such Laws as may preserve themselves in Peace and Godliness and from unjust Violence and Oppression by the Conduct and Management of good Rulers Now absolute Power above a Law is a Power to do ill and to destroy Nations which no People have it being against Nature that any should have a Power by the Law of Nature which is the Law of God to destroy themselves Therefore though the People should invest Kings with all the Power that they have yet if Kings Tyrannize over the People to their hurt and destruction they usurp a Power which the People never gave them it not being in their Power to give them the Power it self being against the Law of Nature and consequently against the Law of God for that all acts of Tyranny are Oppression
of the Lord renewed the Covenant viz. If yee will fear the Lord and serve him and obey his voice and not rebel against the Commandment of the Lord then shall both yee and also the King that reigneth over you continue following the Lord your God. But if yee shall still do wickedly yee shall be consumed both you and your King 1 Sam. 12. 14 15 25. By wickedness in this place is most especially meant in that they had rejected the Government which God himself had appointed as best for them and chose a King to be set over them and we rebelled against God. The reason assigned is because they were God's own peculiar People hereby it 's manifest that both King and People were both equally joined in the Stipulation So Asa King of Judah by the Prophecy of Azariah the Prophet congregated all the People viz. Judah and Benjamin where were also many of Ephraim Manasseh and Simeon and made a solemn Covenant to seek the Lord God of their Fathers with all their heart and with all their soul that whoever would not seek the Lord God of Israel should be put to death whether small or great man or woman 2 Chron. 15. 12 13. Deut. 13. 9. 17. 7. Here you see the King himself is not exempted These Examples with those before and those that follow will justifie this Kingdom in all that they have done to free us from unreasonable and cruel Men and Popish Tyranny and also the Auxiliary Expedition of the Prince of Orange to be the most glorious and most righteous Action that ever Prince undertook because he came to help the Lord against the mighty who both at home and abroad had in their imaginations and endeavours designed the Inslaving of all the Protestants of Europe which Action God hath hitherto signalized by prospering his Arms with very little Blood. Whoso is wise and will observe these things shall understand the loving kindness of the Lord Psalm 107. CHAP. X. Whole Kingdoms and Nations have Power to reform Faith equally plighted between King and People ought equally to be kept Care of Religion Peace Justice Safety Liberty c. are incumbent on all the People especially on the Ordines Populi The common and true Cause of Rebellion is abuse of Power not Disobedience to the lawful Commands of Kings Obedience to unjust Commands of Cesars is sin and to assist in such is to make themselves Participes Criminis Opposition to Popes or Kings tyrannizing is not Rebellion against Christ's Vicars or Vicegerents but opposition to wicked Men acting wickedly Defensive Arms justified by Authorities NOW who should have Power to reform things done amiss by Kings but all the People to whom he hath sworn as solemnly as they to him and both to God Almighty who is witness between them So Josiah the King with the Priests Prophets and all the People both small and great went up into the house of the Lord and made a Covenant before the Lord to walk after the Lord c. and all the People stood to the Covenant 2. King. 23. 2 3 4. Why should the Common consent of all the People be so solemnly required Why should Israel and Judah be so strictly obliged to the observation of Gods Holy Laws and Commandments Why should they so sacredly promise to be the Lords People unless Power and Authority were given to them also to free themselves from Covenant breaking and from Perjury and to defend Holy Church Wherefore was a Covenant made with the People that they should be the People of God zealous of good Works if they must obey the unjust Commands of Kings it may be to worship strange Gods or to permit monstrous sins to reign among them if it be not lawful to put to their assistance and endeavour to hinder and reform And why should they be blamed or Judgments poured upon them if they have no Power from on High to perform what was so solemnly required and so solemnly promised that God should so solemnly require their Vow and Promise and yet not give them Power and Authority to perform is monstrous to conceive God never requires more than he gives Brick without Straw that is the Property of Pharaoh and his hard Task-masters It s much more agreeable to truth that all Covenants of like nature and purport are equally obliging both to King and People and the care and Authority of each over the other for adjusting of performances is reciprocal and equal it being a Gospel Principle That Gods peculiar People which are his true Church ought to be sollicitous not only to abstain from evil themselves but also to prevent it in otheers A notable Example whereof is before mentioned in the People of Israel Josh 22. who out of abundant Caution minding the Concerns of their Brethren as their own when they heard that the Reubenites Gadites and half the Tribe of Manasseh had erected an Altar not for worshipping as they truly protested but for memorial and witness So fearful they were of Gods Wrath falling on them that they soon dispatched an Embassy to their Brethren to prevent their sin as before Hence it is that the Prophets of old standing in the Gate of the Children of the People whereby their Kings came in and by which they went out did so often put them in mind of their Duty and of keeping Covenant and not only that they should not sacrifice to Baal but that they should destroy both Baal and his Priests and root them out of the Land whether the King will or no for when Ahab had killed the Prophets of God Eliah the Prophet congregated all Israel not tumultuously but by publick Authority and common consent unto Mount Carmel and the Prophets of Baal Four hundred and fifty and the Prophets of the Grove Four hundred which did eat at Jezabels Table and had convinced them of their Idolatry and to be false Prophets the People at his command killed them all at the Brook Kishon 1 King. 18. whereby it appears that the King neglecting his Duty all Israel as obliged ought to discharge theirs On the contrary as often as Kings violated their Covenants or profaned the Worship of God and the People of Israel as we said before of Covenants where the breach of one party manifestly prejudiced the other Covenanters threatning Ruin and Destruction to the Innocent through Negligence sinful Connivance or any other sinister By-end or Respect did not restrain him their Judgments came also upon the People as well for their non-performance as on Kings for theirs which mostly hapned for that the People are more apt to follow the Examples of their Kings than to repent and amend or mind him of the Errors of his ways Wherefore did the Hoast of Israel with Saul and his two Sons fall down slain in Mount Gilboa by the Philistines 1 Sam. 31. Would God think you revenge the Sins of the King upon the People if innocent Far be it from the Judge of all
the Earth to stay the Righteous with the wicked Gen. 18. 25. or take vengeance on the People for the Sins of the King the Soul that sinneth it shall die Ezek. 18. 4. Every Man shall be put to death for his own Sin Deut. 24 16. was it not rather because the People did not resist or restrain but assisted Saul their King violating the Law of God and wickedly persecuting the Man after Gods own Heart and killing the Priests of the Lord. Saul desiring to inlarge thē Borders of the Tribe of Judah at his entrance into Canaan broke publick Faith with the Gibeonites and destroyed many of them the Children of Israel having sworn unto them by which he broke the third Commandment God being witness to his Covenant with the Gibeonites he broke also the sixth Commandment and so the breach of both Tables God himself would revenge the breach of which Covenant and Oath was justly laid to Saul and his Family Now Saul being dead and David constituted King 2 Sam. 21. 1 2. God sent a Famine in the days of David three Years Year after Year upon the whole Land and David inquired of the Lord and the Lord answered It was for Saul and his bloody House because he slew the Gibeonites which Famine ceased not till David delivered seven Sons of Saul to the Gibeonites whom they hanged in Gibeah of Saul unto the Lord v. 6. 8. But was the Famine over all the Land for Sauls fault only No both King and People were both punished the one for breaking Covenant the other for not resisting and not hindring the King or as being accessary to do this Evil. How came it to pass that God never punisheth the sins of the King upon the People nor the sins of the People upon the King and yet he sent a Famine on the whole Land Saul the chief Actor being Dead and consequently Actio moritur cum persona but because the People suffered so manifest a Sin to be committed by their sinful connivance and used no endeavours to resist or hinder him as they ought Can Punishment by any right be inflicted on any for a Crime whereof they are not guilty Alieni secleris quenquam poenas pati Jura non sinunt 2 Kings 14. 6. Wherein did the Israelites sin if not by tolerating Saul to do as he did when they ought and might have hindred him When Menasseh had polluted the Temple of the Lord and shed Innocent Blood which the Lord would not pardon 2 Kings 24. 4. why did the Lord threaten not only Menasseh but his People with Judgments but because they being under the same Covenants with Manasseh they would not restrain the King from persisting in his wickedness but did connive countenance and assist him in his Impieties 2 Chron. 33. 17. Herod and Pilate condemned Christ the Priests delivered him to Death yet the Curse fell upon the whole Nation and why because the People might have delivered him as well as they did Barrabas and did not but impricated Curses upon themselves and their Children It is the duty of all Nations to take care not only that Criminals be punished but that no Crimes be committed which made Hezekiah pull down the Brazen Serpent though set up by Moses when it came to be abused 2 Kings 18. 4. It being the duty of the People by common consent to hinder Kings as much as in them lies from violating the Law of God and from injuring his Church and Saints and if they do not they are guilty of the same crime and liable to the same punishment Resist they may by opposing words to words force to force stratagem to stratagem always avoiding perfidiousness which is always disallowed and hateful to God and Man. For in War it matters not whether it be managed by open Force or secret Stratagems By People is not meant the Many headed-Monster-Multitude but by the Universal People is to be understood those who have any share in the Government or any Authority from the People conferred upon them by any Laws made by publick consent as inferior Magistrates either chosen by the People or any other way constituted to take care of publick Peace and concerns of the Laws of the Land and worship of God in their several qualifications be they Tribunes of the People Ephori Praefects Praetors Judges Justices of the Peace Constables Captains of Thousands Captains of Hundreds Captains of Fifties or other inferior Officers or Magistrates which are as Consorts of the Empire and are in the vacancy of the publick Sanhedrims Dyets Parliaments c. As it were the Epitome of every Kingdom and Ephori of Kings and Conservators of the Publick Peace thereof to and among whom all the publick concerns of a Nation are referred of which sort in a manner were the Seventy Elders in the Kingdom of Israel among which there was a Chief Priest which did judge de Arduis Regni which were not to be Hobby-horsed in and out by the High Priest according as they would or would not serve a sinister turn and they were chosen out of the Seventy Families which went down into Egypt the Elders of which were first chosen and made Heads over the People Rulers of Thousands Rulers of Hundreds Rulers of Tens and the hard causes they brought unto Moses Exod. 18. 25. We read often in Scripture of all Israel of all Judah and Benjamin c. when in all probability every Individual did not at all times meet of which sort and kind there is in all well constituted Kingdoms several Congregations of the Kingdoms Officers of the Kingdom as the Privy Council Peers Patricians Judges Sessions Assizes Lord Lieutenants Deputy Lieutenants Mayors Bayliff's of Towns and Cities as the ordinary Councils and Officers of a Kingdom and as Councils extraordinary chosen out of them all to consider de Arduis Regni which are Officers of the Kingdom and called by several names in several Kingdoms as Dyets Parliaments c. which provide that no detriment come to either Church or State in which tho' every individual be inferior to the King yet the Joynt Body being the Representative of the whole Kingdom is superior and to be preferred before him For as the Council of Basil and Constance decreed that a General Council was superior to the Pope and the Chapter to the Bishop for that they which receive any Authority from any Company of Men must needs be inferior to that Company though he be personally superior to every Individual of that Society So without all doubt Israel which petitioned for and chose Saul from among themselves to be their King as a publick Actor for the common good of them all was superior to Saul When we attribute any power to the People it is to be understood of the Officers Princes Elders Parliaments Dyets that have a share in the Government and in the Legislative Power Take Athaliah 2 Chron. 24. for an Example in which Act the Kingdom was not opposed but
Tyranny which Conspiracy though acted so very privately and as it were by stealth yet blamed neither by God nor Man but justified by all Writers both Sacred and Prophane and the success answered the end designed As the King so all Israel as one Man the several Cities as parts of the Kingdom and their Magistrates did covenant with God to keep his Laws c. Joshua when old and near his end congregated all Israel in Sechem in the Presence of the Lord for the Ark of the Covenant was there and called for the Elders of Israel and for their Heads and for their Judges and for their Officers and they presented themselves before God Josh 24. 1. And he said unto them fear the Lord and serve him c. and the People answered and said God forbid that we should forsake the Lord to serve other Gods ver 14. 16. And Joshua said unto the People ye are witness your selves that you have chosen you the Lord to serve him And they said we are Witnesses ver 22. So Joshua made a Covenant with the Lord that day and set them a Statute and an Ordinance in Sechem And Joshua wrote these words in the Book of the Law of God and took a great Stone and set it up there under an Oak that was by the Sanctuary of the Lord and Joshua said unto all the People Behold this Stone shall be a Witness unto us for it hath heard all the words of the Lord which he spake unto us it shall be therefore a Witness unto you least you deny your God ver 24 25 26 27. Hence it is evident that as every individual Person so more especially all Officers in a Kingdom that have any publick Authority ought every one in their several stations to take care that God's Law be fulfilled and of the Peoples happiness which Officers are Officers of the Kingdom from whom they have their Authority according to Laws of their own making and to them they are accountable If the Ark of God be to be brought back then all of the Congregation of Israel are to be summoned and consulted and to give their help 1 Chron. 13. 2 Chron. 15. So if a Temple be to be built to the Lord the chief of the Fathers and Priests of the Tribes of Israel and the Captains of Thousands and of Hundreds with the Rulers are summoned and moved to offer willingly 1 Chron. 29. So that there is no power committed to Kings to alter or change the Laws Covenants or Worship of God. So in the Covenants under Joah and Josiah between God the King and the People all the Kingdom were present and all were particularly bound to keep and stand to the Covenant so that not the King only but the Kingdom nor the Kingdom in general only but all the Parts thereof promise Faith and Allegiance to God Almighty Not the King only but Israel not Israel only but the Cities and chief Governours of them did secretly bind themselves to God to do him homage and leige Services against all Infractors of his Laws 2 Kin. 11. 23. 2 Chron. 23. For Example Libnah revolted from Jehoram because he had forsaken the Lord God of his Fathers 2 Chron. 21. 10. So Mattathias and all they that fled from the Persecution of Antiochus joyned themselves together and smote sinful men in their anger and wicked men in their wrath and they pursued after the proud men and the work prospered in their hands So they recovered the Law out of the hand of the Gentiles and out of the hand of Kings neither suffered they the sinner to triumph 1 Macc. 2. 42 47. saying We will not hearken to the Kings word to go from our Religion either to the right hand or to the left verse 22. So his Son Judas Maccabeus was valiant for the truth and fought for the People and the Sanctuary so prosperously Deo favente against Antiochus that he recovered Jerusalem and restored the pure worship of God from the Gentiles 1 Macc. 3. Though others took part and were obedient to Antiochus and they fell together with the Persecutor for their so doing by the edg of the Sword. When Israel did evil in the sight of the Lord he sold them into the hand of Jabin King of Canaan whom they served twenty years a fair prescription for a Kingdom worshipping strange Gods among whom especially were the Tribes of Reuben Ephraim Benjamin Dan Asser c. who adhered to Jabin Nevertheless Deborah who judged Israel at that time levied force with the assistance of the other Tribes of Zabulon Napthaly and Issachar over whom they made Barack Captain and went along with them being ten thousand men and discomfited the Hoast of Sisera Captain of Jabin and restored the true Worship of God to Israel and then sang Deborah c. Judg. 4. 5. Happily some may say that these Facts of Deborah Jael Mattathias and Libnah ought not to be drawn into imitation and practice as being stirred up by motions extraordinary like that of Phineahs and the Book it self but Apochypha and not so Authentick as Scripture What then It 's certain that not only the King but all Israel and the parts thereof viz. the several Cities and their Magistrates as in Josh 24. covenanted before God and did swear to worship the true God according to his Law which Covenant is expresly in force to this day in all Christian Kingdoms where King and People Covenant each with other and tacitely or interpretatively also where Kings Rule Vi Armis or by fraud or any other unjust way which is down-right Tyranny The People are the People of God and obliged in the first place to God and then to the Kingdom and to the King and though the King have the formality and executive part of Power all Writs Executions Proclamations c. issuing in his Name yet the People have the true Dominion originally Sunt enim universa in Regis Imperio non in Patrimonio Seneca lib. 7. de Benef. c. 6 7. Omnia Rex imperio possidet singuli dominio Consult all Histories search all Antiquity and you will find the true cause of all Rebellion in all Ages and in all Countries to have risen originally and most especially from the abuse of Power first and not from the disobedience of Subjects to the lawful commands of Kings If Kings command unlawful things as they have no Authority so to do so Subjects have no Obligation to obey When Covenants between Prince and People are of such a nature as cannot be broken or violated by either King or People without doing manifest Injury to the other The injured party may seek his Redress and Relief though it be vim vi repellendo which is always to be understood of unjust Force For if the Force be unjust the Defence must be lawful and contrariwise if the Force be just the Defence must be unlawful So that Kings and Princes if transgressors are as truly Transgressors and Invaders
against their Kingdom and their Laws as the People are against them and the Laws when they transgress Do Subjects obey the commands of their Princes which they may lawfully command and which they of right ought to obey without intrenching on God's commands Do they pay them Tribute Sute and Service not contrary to God's Laws as they ought So to obey Cesar is just lawful and praise-worthy But to obey Cesar's exceeding their just bounds commanding without warrant of Law affecting and designing a greater Impery without the consent of the governed or if they invade or violate the Laws of God perverting the right Worship of God who is above all Kings and Governments it is unjust and to assist Cesar's in such cases is unlawful and they that do make themselves partakers of other Men's Crimes Anno Domini 1300. Pope Boniface VIII challenged some Regalia which belonged unto Phillip the Fair King of France whereupon Philip sharply reproved the Pope by his Letter even in those days when the Pope was accounted the Vicar of Christ on Earth and Head of the Universal Church according to Communis error Juris loco erat Notwithstanding the Sorban answered That both King and Kingdom might safely withdraw themselves from their Obedience to the Pope without any guilt of Schism because not Separation but the Cause made Schism and that they did not oppose the Vicar of Christ but a wicked Man guilty of many Crimes Sieur de Mezerai Annales Franciae Archivae Camerae Ratiociniorum Lutet L. Barbar Ph. de Senat. If the Cause be just the Separation is from the high Priest or Bishop not from the Church Or more properly from Boniface not from the high Priest Unless such distinctions and discriminations are allowed for true and Authentick how can the Souls of whole Kingdoms be distinguished and separated from the Church If Kings invade the Rights of God Almighty and oppress his People who are the Temple of God with servitude denying their Rights Priviledges and Liberties which God hath given them and for which Christ died we may much more use the same distinction and in opposition to such Kings or rather Tyrants we may justly say That not the King but the Tyranny is opposed Anno 1408. Benedict XIII did grieviously oppress the Gallican Church with Tributes and Exactions whence a Convocation of the French Clergy being called by Charles VI. they decreed That the King and Kingdom ought not to obey Benedict as being an Heretick and Schismatick and unworthy of any honour which the States of the Kingdom allowed and the Parliament of Paris approved by their Arrest Annales Car. 6. Monstreletus Moreover they whom Benedict did excommunicate as Enemies of the Church they judged them forthwith absolved of such Excommunications and that thereby they were not excluded or deprived of any Benefit or Priviledge of the Church Ibid. The like we read to have been done as at other times in France so in other Kingdoms Which evidently shews That if Kings and Princes or States do tyrannize or extend their Power beyond it's just bounds Subjects may without any just imputation of Delinquency or Rebellion withhold their Tributes withdraw themselves from their Obedience or resist their Tyranny It being one thing to resist an evil Pope another thing to resist the Church one thing to resist a King another thing to resist a Kingdom or Tyranny We read That Edom revolted from under the hand of Judah and made a King over themselves And Libnah revolted from Jehoram 2 Kings 8. 20 22. yet after the true Worship of God was restored we find Libnah numbred among the subjects of Ezekiah Chap. 19. 8. If this distinction be of force when the Pope who arrogantly assumes to himself Superiority over Kings and Princes invades their Rights or the Rights of the Church is it not much more just if Princes I might say Vassals invade the Rights and Regalia of the great God of Heaven and of Earth It stands therefore sure that Princes commanding unlawful things or forbidding Holy things or introducing a False or Idolatrous worship the People or rather Parliaments Dyets Senates the several Officers or inferior Magistrates having a share in the Government and intrusted with the common concerns of the Kingdom by the People both may and ought to hinder or resist unlawful commands All or at least the Governing Magistrates of Kingdoms and Cities as first impowered by God and then constituted by Princes by Authority derived from the People ought to promote in their several Stations and Provinces first the Glory of God and of Holy Church and then the Good and Welfare of Kingdoms Cities and Free States and if they do not it is in them Crimen laesae Magistatis and they become participes criminis by such their sinful connivence Let us now consider what Bishop Bilson Bishop of Winchester as learned and as honest a Bishop and as sound a Divine as ever sate on that See and who hath written a most learned Treatise of the difference between Christian Subjection and Unchristian Rebellion in the days of Queen Elizabeth The Romans did not love the name of King and the Commonwealth of Venice Millan Florence and Genoa are of the same mind many States have Governors for Life and for Years and yet a Sovereignty still remaining in the People or Senate or in the Prelates and Nobles that elect or assist the Magistrate who hath his Jurisdiction allotted and prefixt unto him and may be resisted and recalled from any tyrannous excess by the general and publick consent of the whole State. In Germany the Emperor himself hath his bounds appointed him which he may not pass by the Laws of the Empire and the Princes Dukes and Cities that are under him have Power to use and govern the Sword as God's Ministers in their own charges And though for the Maintenance of the Empire they be subject to such orders as shall be decreed in the Convent of all their States and according to that direction are to furnish the Emperor with Men and Mony for his necessary Wars and Defences yet if he touch their Policies infringe their Liberties or violate the Specialties which he by Oath and Order of the Empire is bound to keep they may lawfully resist him and by force reduce him to the Ancient Government or else repel him as a Tyrant and set another in his place by the Right and Freedom of their Country Bilson's Subjection p. 513. Zuinglius saith That if the Empire of Rome or any other Sovereign should oppress the Truth and they negligently suffer the same they shall be charged with contempt no less than the Oppressors themselves Zuingl lib. 4. Epist Zuing. Occol f. 186. And elsewhere when Kings rule unfaithfully and otherwise than the Rule of the Gospel prescribeth they may with God be deposed as when they punish not wicked Persons but especially when they advance the ungodly and idle Priests such may be deprived of their Dignity as Saul
Kings and Princes but what is just and right and equal Righteousness and Judgment are the Basis and establishment of his own Throne and shall Kings pretend to govern otherwise When the Pharisees pretending kindness but designing mischief to Jesus advised him to depart out of their Coasts for that Herod sought to kill him Luke 13. 32 33. Christ did not depart nor yet return any low pittiful answer but boldly answered Go tell that Fox I do cast out Devils and do cures to day and to morrow c. thereby intimating that Kings have no lawful Power to wrong their Subjects or to hinder any from doing good to others or their duty towards God though by Fox-like advisoes they usurp dominion beyond all just right and that God himself esteems them no other or better than Bruits according to Psal 49. 20. Man that is in honour and understandeth not is like the Beasts that perish now what is here meant by understanding is declared by Job the greatest man of the East Job 28. 28. The fear of the Lord that is wisdom and to depart from evil that is understanding So David a King tells us the same Psal 111. 10. and so King Solomon the wisest of men Prov. 1. 7 8 9. ch 10. with promises of great Blessings He that feareth the Lord his soul shall dwell at ease and his seed shall inherit the Earth and the secret of the Lord is with them that fear him and he will shew them his Covenant Psal 25. 12 13 14. All other wordly wisdom that hath not respect to eternity is but foolishness and bruitish and the esteem that God himself hath of the greatest men on earth without this wisdom is but as that of Bruits So John Baptist esteemed the Pharisees and Sadducees but as a generation of Vipers Matth. 3. 7. So God by Jeremy to the voluptuous when he had fed them to the full they then committed Adultery and assemble themselves by Troops in Harlots Houses they were as fed Horses c. Jer. 5. 8. So David Dogs have compassed me the assembly of the wicked have enclosed me Psal 22. 16. So Isaiah calls ignorant and blind Watchmen Dogs ye greedy Dogs Isaiah 56. 10 11. And Christ forewarned them not to give that which is holy unto Dogs neither cast Pearl before Swine Matth. 7. 6. So was Paul's caution to the Philippians 3. 2. Beware of Dogs beware of evil workers whereby it is apparent that there is no mean between a Saint and a Bruit be they great or small rich or poor Heaven and Hell will divide the whole world without respect of Persons And therefore the advice of David a King is to be followed Be ye not like Horse and Mule which have no understanding Psal 32. 9. A Bruitish man knoweth not neither doth a Fool understand this Psal 92. 6. All the Machiavilians and Leviathans and time-serving Pulpiteers of the world and their Council without such understanding are but as Bruits and Bruitish void of true sense and understanding Christ suffered under a Tyrant true but how could be suffer but under a Tyrant that feared neither God nor Man Christ came into the world in the form of a Servant and to suffer what for not to bring us under but to free us from the yoke of Bondage both Spiritual and Temporal Consider well the answer which Christ gave to the Mother of Zebedee's Children desiring that her two Sons might sit the one on his right the other on his left hand in his Kingdom viz. Ye know that the Princes of the Gentiles exercise dominion over them and they that are great exercise Authority over them but it shall not be so among you but whoever will be great among you let him be your Servant even as the Son of Man came not to be ministred unto but to minister Zebedee's Sons dreaming of a Kingdom that Christ should suddenly have on Earth and affecting to be chief in that Kingdom and next unto him there arose among them a strife through Pride cometh Contention who should be greatest among them whence that proud demand that one might sit on his right hand and the other on his left But Christ gently rebuked their proud aspiring humour and in them all Christians shewing that the Princes of the Gentiles did domineer and play Rex among their Brethren a temper very ill beseeming Christians but it shall not be so among you in whom the spirit of the living God should dwell but whoever will be great among you let him be your Minister and whoever will be chief among you let him be your Servant and made himself the great exemplar of so great humility who came not to be ministred unto but to minister of which he gave real testimony through the whole course of his life first coming down from Heaven his Imperial Residence then refusing to be made a King here on Earth when 5000 designed to have taken him by force to have made him a King. Then by washing his Disciples feet breaking Bread unto them And to consummate all he became obedient to death even that shameful death the death of the Cross for us men and for our Salvation and indeed the whole course of his Life was but administration of all good to all Rich or Poor without respect of Persons which is the proper duty of all Kings But it shall not be so among you i. e. Proud and aspiring domination ought not to be among Christians though they bear the glorious Titles of Evargitae or Benefactors nay of Emperors Kings or Princes Kings Christians especially though Kings by name and title yet in truth are but Servants to the governed So Moses who certainly had as great and as unquestionable authority over the Israelites as ever mortal had to whom God himself did dictate Laws yet did he never proudly domineer over them tho' provoked to the uttermost so that he desired God to kill him that he might not see his wretchedness to their prejudice or detriment but did bear the burden of them all carried them in his bosom as a nursing Father beareth the nursing Child and pleaded importunately with God himself to save them from destruction when the Fire of the Lord was consuming them at Taberah and prevailed worthy the imitation of all those who stile themselves Gods Vicegerents then should the governed have no oppression no complaining in our Streets but should every man sit quietly under his own Vine and under his own Fig-tree So Plato called Magistrates not Lords but Ministers and Servants of the People and calleth the People not Servants but Benefactors as those that allow and give them in gratitude and recompence for their service wherewithal to keep a Kingly State and Grandeur and depute them also their Conservators and Executioners of their Laws So Aristotle calls them Ministers and Keepers of their Laws the Apostles call them Ministers both of the Laws of God and of the People and no doubt but they are so
and sworn and be accountable to the same Laws and to them from whom they derive their Authority and Power for whose good and benefit and by whom they were first and primarily enacted and constituted Magistrates are created and appointed by Men. Hence Peter calls both Kings and other Magistrates a human Creation or human Ordinance So Hâ—sea 8. 4. They have set Kings up but not by me th â— have made Princes but I knew it not In the Hebrew Commonwealth and Kingdoms only where they had several ways of resorting unto and consulting God Almighty they might and did refer the Nomination of their Kings unto him but concerning other Nations we have received no such like Custom or Mandate The Precept that God himself gave to the Children of Israel for the choice of their King did more especially respect the Qualifications of Kingship than the Nomination of the Person viz. When thou art come into the Land which the Lord thy God giveth thee and shall possess it and shalt dwell therein and shall say I will set a King over me like as all the Nations round about me thou shalt in any wise set him King over thee which is a manifest Allowance and Commission to appoint their own Kings whom the Lord thy God shall chuse not personally not by his nomination but according to such and such qualifications viz. one from among thy Brethren shalt thou set King over thee thou maist not set a stranger over thee which is not thy Brother But he shall not multiply Horses neither shall he multiply Wives to himself that his heart turn not away neither shall he greatly multiply to himself Silver and Gold. And it shall be when he sitteth upon the Throne of his Kingdom that he shall write him a copy of this Law in a Book and it shall be with him and he shall read therein all the days of his life that he may learn to fear the Lord his God to keep all the words of this Law and these Statutes to do them that his heart be not lifted up above his Brethren and that he turn not aside from that Commandment to the right hand or to the left to the end that he may prolong his days in his Kingdom he and his Children in the midst of Israel Deut. 17. From hence it is evident under what Laws and Precepts Kings are and ought to govern and if not so qualified and so chosen they can have no just Right to govern Vid. Dr. Sherrock de Officiis c. 4. N o. 8. p. 289. Sometimes the very Form of Government may be vicious and faulty sometimes they that obtain the Power may be so which may proceed from Men and from the Devil And the Devil taking Jesus up into a high Mountain shewed unto him all the Kingdoms of the World in a moment of time And the Devil said unto him All this power will I give thee and the glory of them for that is delivered unto me and to whomsoever I will I give it Hence is he called the Prince of this World John 12. 30. 14. 31. Rev. 13. 2. The Dragon gave unto the Beast Power and his Throne and great Authority yea the God of the World 2 Cor. 4. 4. Wherefore when it is written that there is no Power but of God it is always to be understood not of all Powers whatsoever but of all lawful Powers such as he there described and of the Powers themselves not always of the Persons that have the Power So St. Chrysostom the Powers that are are ordained of God who by his essential Wisdom and Goodness and by the express Warrant of his Ordinance never ordained any but what were good and behooful for the governed therefore the Apostle in this place will be understood of lawful Powers God may and doth permit unlawful Powers for the punishment of wicked doers even by wicked Men which are God's Sword but never ordained such but as his Rod and Scourges Wickedness and Vice and Sin being things inordinate it 's not possible that God should Ordain them and yet be sinful and vitious still he that resisteth the Power viz. lawful Power resisteth the Ordinance of God which Precept equally binds and obligeth Kings as well as Subjects that resist or transgress or obstruct the Laws or endeavour to sham them either by Force or coining Evasions I appeal to Heaven if they that resist Powers not lawful or abusers or overturners of lawful Powers do resist the Ordinance of God or not I do think that no Man in his right senses will say so The Apostle yet makes it more plain that he treats of lawful Powers when he says that Rulers are not a terror to good works but to the evil And he is the Minister of God to thee for good for he beareth not the Sword in vain a revenger to execute wrath on them that do evil Who unless Heathens or Persons of profligated Consciences will refuse to be subject to such Powers not only out of fear of punishment but for Conscience sake for without Civil Government not possible to live in Peace and Happiness But what Power what Magistrates soever ordains or acts contrary can never properly be said to be ordained i. e. allowed and approved of God and therefore this is no Precept no Command to yield Obedience to such neither is it any Precept or Command to forbid us prudently to resist defend and right our selves for in such cases we do not resist the Powers but human Errors of Kings and Princes nor the Magistrates that are ordained of God who ought to be such as the Apostles decipher but either Usurpers or Tyrants or betrayers of the Trust reposed in them who yet notwithstanding if they must be termed Magistrates in that only they have Power to vex revenge and ravage over God's People by the very self-same Logick the Devil is our Magistrate Of one thing only there can be but one true definition if therefore Paul doth here rightly define Magistracy and Magistrates as he doth most accurately then certainly by the same words he cannot define Tyranny Oppression Male-Government things Diametrically opposité and contrary one to the other then certainly to such Magistrates only as the Apostles here describes do we owe Subjection Tribute Honour c. and not to their contrary Reasons assigned are For this cause pay you Tribute also for they are God's Ministers attending continually on this very thing render therefore c. The labourer is worthy of his hire and they that hire ought to have their service and work well done so that if Magistrates fail of their Duty Subjects may slacken their Tribute which is given them only as a recompence of their Watchfulness Pains and Care in well Governing Therefore simple and absolute subjection is not here required but subjection with reason subjoyned which reasons are the Rule and Square of our subjection We are often told by our Priests that Prayers and Tears are the Weapons
Kingdoms being devolved on one or more chosen from among the Governed if abused naturally returns unto them again who by their good will pleasure and suffrages conditionally conferred it on them and they cannot devest themselves of it Power from them who injures others by the most just law must pass unto them who suffer the Injuries for all Men are equally tied by Laws than which nothing can be more just mortal Gods to do what they list without control there are none among us Without all peradventure they who have right to constitute Magistrates over themselves by devolving and deligating their own power on them to manage and govern them according to their own Laws to see them executed according to the simplicity and sincerity wherewith they were made without shams or tricks or shaping or wresting them to wrong ends and purposes which they are obliged by Oaths the most sacred tye among mortals to observe To them of necessity and of just right doth belong the right of examining and censuring their Actions and of calling them to an Account and to deal with them accordingly Vide Judicium Lutheri Theologorum I. C. Wittiber-gentium de hac questione Tom. Jenens Germ. ap 384 ad p. 396. Martyr comm in cap. 1. Jud. p. 37. cap. 3. p. 60 61. No Law forbids it no Law excepts them Reason Justice and God himself command all Transgressors to be punished without respect or difference of Persons CHAP. XIII Duty of Kings who have Authority from Men. The Right of Legislation The Law of Nature is the Law of God. Kings accountable The Laws and Practices of Antient Kingdoms Roman Grecian Lacedaemonian Carthaginian what severe Laws they made against Arbitrary Power IF Kings did rightly consider as they ought to do their own true interest both in respect of this world and the next they would con their High Prerogative-assertors very little thanks for such their exaltations thereof but would rather esteem them as the very worst Friends they have for whilst they magnify Kingly Powers unto the Skies above the Laws and are not accountable for Mal-government they thereby alarm their Subjects to awaken out of the supposed Dreams of their just Liberty and Interest and to provide for themselves and to shake off the bondage of such unlook'd for Servitude wherewith they would seem to surprize them by such Doctrines And whilst they teach such Infinite Power to be the Right of Kings they thereby render that power to be the more intollerable Whilst they teach Kingly Power to be Omnipotent they excite the People to throw it off rather than to submit to so unjust domination to be the Right of Kings whom they have set over themselves for their good and comfort and not for their vexation As all Kingdoms and Republicks have their Authority in these our days by the Laws of Men to govern so they are obliged by the strictest Bonds of divine and humane Laws to manage their Government in the first place to the glory of God observing his Commandments in general to fear him to walk in all his ways and to love him then to order the Government aright for the good of the Governed by well ordering of Laws according to their simple meaning and true intent without shamming or tricking exemplary encouraging and exhorting their Subjects to Honesty Piety and Justice punishing all such as trangress Gods Commandments especially those of the Decalogue for this Power is not Arbitrary nor given them for their own use only to manage as they please but for the good and benefit of the Governed which they are obliged to do by the Laws of God and Man. Preachments and apprehensions to the contrary may cause even Saints to be misguided and to act beside their Rule and to deem themselves Arbitrators of the Government wherewith they are intrusted by the true Patrons thereof and confirmed and ratified as necessary for the good of the governed by God himself for that over a multitude of People consisting of many and sundry Families as every politick Society doth impossible it is that any should have compleat lawful Authority but by consent of Men or immediate appointment of God who hath power over all and who by the natural Law hath made all subject The lawful Power of making Laws to command whole Politick Societies of men belongeth so properly unto the same intire Societies that for any Emperor Prince Potentate or Captain General of what kind soever on earth to exercise the same of himself or to act contrary to Laws made by publick consent and not either by express Commission immediately and personally received from God unto which it is now utterly impossible that any just pretence can be made or else by authority derived from their consent upon whose Persons they impose Laws it is not better than down right Tyranny Laws nor Powers there can be none lawful which publick approbation hath not made so and the publick power of all Societies is above every Individual contained in the same Societies of what quality soever they be I may confidently divine that no People ever were or ever will be well pleased with Governours that mind more their own benefit pomp and pride of Life than the good and solace of the governed it being the natural and fundamental right of the Governed to deligate as much of their own power without devesting themselves thereof as they think fit to Kings or Republicks subject nevertheless to the trusts reposed in them to be always improved and imployed for the welfare of the Governed All People generally bear and are contented with a moderate Yoak but from too heavy a bondage all naturally endeavour to free themselves by all means though indirect The History of Nodus Gordianus is applicable to all humane tyes and obligations of Governments and sometime or other will have the same fate Therefore it is very indiscreet Zeal in any and much more in Ministers of the Gospel to preach up such Prerogatives to be in the hands of Princes which are always prone to end in the dishonour of God and in publick confusion Lycurgus a Spartan King observing his Neighbouring Princes struggling to get all Power into their hands and thereby ruining themselves and their Citizens he thought it his wisest course to take the Senate to be his Consort in Government and the Power of the Ephori as a check upon himself whereby he established and transmitted a firm Kingdom to himself and his Successors for many Generations Likewise the moderation of Theopompus King of the Lacedaemonians who lived more than One hundred years after Lycurgus was such that he constituted the popular Government of the Ephori above his own Regal Power and gloried that he had left and established a more firm and durable Kingdom to his Children and Posterity No inconsiderable examples if rightly considered nor unworthy to be imitated No Law ever established one Man King and Lord above all Laws neither could they