to their off-springs and that in some Kingdoms and Countries the right of free election seems in a sort buried yet notwithstanding in all well ordered Kingdoms this custome is yet remaining the sons do not succeed the fathers before the people first have as it were a new established them by their new approbation neither were they acknowledged in qualâ—ity as inheriting it from the dead but approved and accounted Kings then only when they were invested with the Kingdom by receiving the Scepter and Diadem from the hands of those who represent the Majesty of the people One may see most evident marks of this in Christian Kingdoms which are at this day esteemed heriditary for the French King he of Spaine and England and others are commonly sacred and as it were put into posession of their authority by the Peeres Lords of the Kingdom and Officers of the Crowne which represent the body of the people no more nor lesse then the Emperours of Germany are chosen by the Electors and the Kings of Polonia by the yavvodes and Pallatines of the Kingdom where the right of Election is yet in force In like manner also the Cities give no royall reception nor entries unto the King but also their inauguration and anciently they used not to count the times of their reign but from the day of their coronation the which was strictly observed in France But least the continued course of some successions should deceive us we must take notice that the estates of the Kingdoms have often preferred the cosen before the sonne the younger brother before the Elder as in France Lewis was preferred before his brother Robert Earle of Eureux Annalos Gillâ—j in like manner Henry before Robert nephew to Capâ—t Nay which is more by authority of the people in the same Kingdom the Crown hath bin transported the lawfull inheritors living from one linage to another as from that of Meroue to that of the Charlemaint and from that of the Charlemains to thaâ— of the Capets the which hath also beene done in other Kingdoms as the best Historians testify But not to wander from France the long continuance and power of which Kingdom may in some sort plead for a ruling authority and where succession seems to have obtained most â—â—putation We read that Pharamond was chosen in the year 419 Pepin in the year 751. Charles the Great and Carleman the sonne of Pepin in the yeare 768 without having any respect to their Fathers former estate Carleman dying in the yeare 772. his portion fell not presently into the posession of his brother Charles the great as it ordinarily happens in the succession of inheritances but by the Ordinance of the people and the estates of the Kingdom he is invested with it the same authour witnesseth that in the yeare 812 Lewis the Courteous although he were the sonne of Charles the great was also elected and in the Testament of Charlimane inserted into the history written by Nanclere Charlemane doth intreate the people to chuse by a geuerall assembly of the Estates of the Kingdom which of his Grand-children or Nephews the people pleased and commaunding the Vncles to observe and obey the Ordinance of the people by meanes whereof Charles the bald nephew to Lewis the courtious and Iudith doth declare himself to be chosen King as Aimonius the French historian recites To conclude in a word all Kings at the first were altogeather elected and those which at this day seeme to have their Crown and Royall authority by inheritance have or should have first and principally their confirmation from the people Briefly although the people of some Countries have been accustomed to chuse their Kings of such a linage which for some notable merrits have worthily deserved iâ— yet we must believe that they chuse the stock it self and not every branch that proceeds from it neither are they so tied to that election as if the successour degenerate they may not chuse another more worthy neither those which come and are the next of that stock are borne Kings but created such nor called Kings but Princes of the bloud royall The whole body of the people is above the King Now seeing that the people chuse and establish their Kings it followeth that the whole body of the people is above the King for it is a thing most evident that he which is established by another is accounted under him that hath established him he which receives his authority from an other is lesse then he from whom he denies his power Potiphar the Egyptian setteth Ioseph over all his House Nebuchadoezzar Danniel over the Province of Babylon Darius the sixscore governors over the kingdom It is coÌ„monly said that Mrs. establish their servants Kings their officers In like manner also the people establish the King as administrator of the CoÌ„mon-wealth Gâ—od kings have not disdained this title yea he had ones themselvs have affected it insomuch as for the space of divers Ages no Roman Emperor if it were not some absolute tyrant as Nero Domitian Caligula would suffer himself to be called Lord Furthermore it must necessarily be that Kings were instituted for the peoples sake neither can it be that for the pleasure of some hundred of men and without doubt more foolish and worse then many of the other all the rest were made but much rather that thâ—se hundred were made for the usâ— and service of all the other And reason requires that he be preferred above the other who was made only to and for his occasion so it is that for the ships saâ—e the owner appoints a pylot over her who sits at the heâ—m and looks that she keeps her course nor run nor upon any dangerous sheilf the pylot doing his duty is obeyed by the Mariners yea of him himself that is owner of the vessel notwithstanding the pâ—lot is a servant as well as the least in the ship from whom he only differs in this that he servs in better place then they do In a Common-weaâ—th commonâ—y compared to a ship the King holds the pâ—nce of pylot the people in general are owners of the vessel obeying the pylot whilest he is â—aâ—eâ—ull of the publique good aâ—though this pylot neither is nor ought to be esteemed other then servant to the publique as a Judge or General in war differs little from other officers but that he is bound to bear greater burdens expose himseâ—f to more dangers By the same reason also which tâ—e King gains by acquist of arms be 〈…〉 possesseth himself of Frontier places in warring on the enemy or that which he gets bâ— eschâ—ats or consistations he gets it to the Kingdom not to himself to wit to the people of whom the Kingdom is composed no more nor less then the servane doth for his master neither may one contract or obâ—iege themseâ—vs to him but by with reference to the authority derived from the people Furthermore there is an infinite sort of people
Kings and in whose right the King assumes to himself that priviledge for otherwise wherefore is the Prince only administrator and the people true proprietor of the publique Exchequer as we will prove here presently after Furthermore it is not a thing resolved on by all that no tyrannous intrusion or usurpation and continuance in the same course can by any length of time prescribe against lawfull liberty If it be objected that Kings were enthronized and received their authority from the people that lived five hundred yeers ago and not by those now living I answer that the Common-wealth never dyes although Kings be taken out of this life one after another for as the continuall running of the water gives the River a perpetuall being so the alternative revolution of birth and death renders the people quoad hunc mundum immortall And further as wee have at this day the same Seine and Tiber as was 1000. yeers agoe in like manner also is there the same people of Germany France and Italy excepting intermixing of Colonies or such like neither can the lapse of time nor changing of individuals alter in any sort the right of those people Furthermore if they say the King receives his kingdom from his Father and not from the people and hee from his Grandsa her and to one from another upward I ask could the Grandfather or Ancestor transfer a greater right to his Successor then he had himself If he could not as without doubt Vlpian de reg juris l. 54. it must need be so is it not plainly perspiâ—uous that what the Successor further arrogates to himself he may usurp with as sare a conscience as what a Thiefe gâ—â—s by the high-way side The people on the contrary have their right of eviction intire and whole although then that the officers of the Crown have for a time lost or left their rankes this cannot in any true right prejudice the people but rather cleer otherwise as one would not grant audience or show favour to a slave which had long time held his master prisoner and did not only vant himself to be free but also presumptuously assumed power over the life and death of his master neither would any man allow the excuses of a those because he had continued in that grade 30. yeers or for that he had beene bred in that course of life by his Father if hee presumed by his long continuance in that function to prescribe for the lawfulnesse but rather the longer he had continued in his wickednesse the more grievous should be his punishment in like manner the Prince is altogether unsupportable which because he succeeds a Tyrant or hath kept the people by whose suffrages he holds the Crown in a long slavery or hath suppressed the Officers of the kingdom who should be protectors of the publike liberty that therefore presumes that what he affects is lawfull for him to effect and that his will is not to be restrained or corrected by any positive Law whatsoever For prescription in tyranny detracts nothing from the right of the people nay it rather much aggravates the Princes on rages But what if the Peers and principal officers of the Kingdom makes themselves parts with the King Whaâ— if betraying the Publique cause the yoak of tyranny upon the peoples neck shall it follow that by this prevatication and treason the authority is devolved into the King Does this detract any thing from the aight of the peoples liberty or does it adde any licencious power to the King Let the people thank themselves say you who relyed on the distoyall loyalty of such men But I answer that these officers are indeed those Protectors whose principall care and study should be that the people be maintained in the free and absolute fruition of their goods and liberty And therefore in the same manner as if a treacherous Advocaâ—e for a sum of money should agree to betray the cause of his Client into the hands of his Adversary which he ought to have defended hath not power for all that to alter the course of justice nor of a bad cause to make a good one although perhaps for a time he give some colour of it In like manner this conspiracy of the great ones combined to ruine the inferiours cannot disanull the right of the people in the meane season those great ones incur the punishment that the same asors against Prevaricators and for the people the same Law allowes them to chuse another Advocate and afresh to pursue their cause as if it were then only to begin For if the people of Rome condemned their Captains and Generals of their Armies because they capitulated with their Enemies to their disadvantage although they were drawn to it by necessity being on the point to be all overthrown and would not be bound to performe the Souldiers capitulation much lesse shall a free People be tyed to bear the yoak of thraldome which is cast on them by those who should and might have prevented it but being neither forced nor compelled did for their own particular gain willingly betray those that had committed their liberty to their custody Wherefore Kings were created Now seeing that Kings have been ever established by the people and that they have had Associates joyned with them to contain them within the limits of their duties the which Associates considered in particular one by one are under the King and altogether in one intire Body are above him We must consequently see wherefore first Kings were established and what is principally their duty We usually esteem a thing just and good when it attains to the proper end for which it is ordained In the first place every one consents That men by nature loving liberty and having servitude born rather to command then obey have not willingly admitted to be governed by another and renounced as it were the priviledge of nature by submitting themselves to the commands of others but for some speciall and great profit that they expected from it For as Esope sayes That the horse being before accustomed to wander as his pleasure would never have received the bit into his mouth nor the Rider on his back but that he hoped by that means to overmatch the Bull neither let us imagine that Kings were chosen to apply to their own proper use the goods that are gotten by the sweat of their Subjects for every man loves and cherisheth his owne They have not received the power and authority of the People to make it serve as a Pandar to their pleasures for ordinarily the inferiours hate or at least envietheir superiours Let us then conclude that they are established in this place to maintain by justice and to defend by force of Armes both the publike State and perticular persons from all dammages and outrages wherefore Saint Augustine saith Those are properly called Lords and Masters Aâ—ig lib. 16 de civit dei c. 15. which provide for the good and profit of
recover or conquer any thing with the Arms means of the publick it shall be gained to the Empire and not to himself Wherfore when Charles the 4th promised each of the Electors an hundred thousand Crowns to choose his Son Wencislaus Emperor and having not ready money to deliver them he morgaged Customs Taxes Tributes and certain Towns unto them L. 1. passim c. de con re alien naucler in Chron. which were the proper appurtenances of the Empire whereon followed much and vehement contestation most men holding this ingagement void And questionlesse it had been so declared but for the profit that those reaped thereby which ought principally to have maintained and held intire the rights and dignities of the Empire And it followed also that Wencislaus was justly held uncapable of the government of the Empire chiefly because he suffered the rights of the Empire over the Duchy of Millen to bewrested from him There is a Law very ancient in the Kingdom of Polonia which prohibits the alienating of any of the Kingdoms Lands the which also C intellecto de jure jurando in Decretal Polidor Virgil. In cod His part 5. 1. 5. constis 9. was renewed by King Lewis in the yeer 1375. In Hungary in anno 1221. there was a complaint made to Pope Honorius that King Andrew had ingaged the Crown Lands contrary to his oath In England was the same by the Law of King Edw in the yeer 1298. Likewise in Spaine by the Ordinance made under Alphonsus and renewed in the yeer 1560. in the Assemblie of the Estates at Toledo These Laws were then ratified although long time before Custome had obtained the vigor and effect of Law Now for the Kingdom of France whereto I longer confine my self because she may in a sort passe as a pattern to the rest this right hath ever remained there inviolable It is one of the most ancient Laws of the Kingdom and a right born with the Kingdom it self that the Demain may not be alienated the which Law in anno 1566. although but ill observed was renewed There is onely 2. cases excepted the portions or Apennages of the children and brothers of the King yet with this reservation that the right of Vassallage remains Papon Arestor l. 5. â—â— 10. Act. 4. alwayes to the Crown in like manner if the condition of War require necessarily an alienation yet it must be ever with power of redemption Anciently neither the one nor the other were of validitie but by the commandment of the States at this day since the Parliament hath been made sedentarie the Parliament of Paris which is the Sect 5. 11. 16. legis regiae 1566. Court of the Peers and the Chamber of Accounts and of the Treasurie must first approve it as the Edicts of Charles the sixt and ninth do testifie This is a thing so certain that if the ancient Kings themselves would endow a Church although that was a work much favoured in those dayes they were notwithstanding bound to have an allowance of the Estates witnes King Childebert who might not endow the Abbey of St. Vincent at Paris before he had the French and Newstrafians consent Clovis the 2d and other Kings have observed the same They Aimonius l. 4. cha 41 c. might neither remit the regalities by granting infranchisements nor the nomination of Prelates to any Church And if any of them have done it as Lewis 11. Philip 4. and Philip surnamed Augustus did in favour of the Churches of Senis Auxera and Nevers the Parliament hath L. peto 69 Sect praedium D. de leg 2. An. 1329. 1360. 1374. 1401. 1583. declared it void When the King is anointed at Reims he swears to observe this Law and if he infringe it that Act hath as much validitie with it as if he contracted to sell the Empires of the great Turk or Sophie of Peâ—sia From this spring the Constitutions or Ordinances of Philip 6. of John 2d of Charles 5th 6th and 8th by which they revoke all alienations made by their Predecessors In the Assemblie of the Estates at Tours where King Charles the 8th Anno 1483. 1522. 1531. 1549 1560. by divers Decrees of the Court of Parliament was in person divers alienations made by Lewis 11. were repealed and annihilated and there was taken away from the Heirs of Tancred of Chastel his great Minnion divers places which he had given him by his proper Authoritie This was finally ratified in the last Assemblie of the Estates held at Orleans Thus much concerning the Kingdoms Demean But to the end that we may yet more clearly perceive that the Kingdom is preferred before the King and that he cannot by his own proper Authority diminish the Majestie he hath received from the people nor infranchise or release from his Dominion any one of his Subjects nor quit or relinquish the Soveraigntie of â—he least part of his Kingdom Charlemayn in former times endeavoured to subject the Kingdom Paulus Aemilius lib 3. of France to the German Empire the which the French did couragiously oppose by the mouth of a Prince of Glasconnie and it Charlemayn had proceeded in that businesse it had come to the triall of the Sword In like manner when any portion of the Kingdom was granted Anno 1195. 1â—60 1269. 2297. 1303. 1325. 1330. Anno 1360. to the English the soveraigntie was almost alwayes reserved And if sometimes they obtain'd it by force as at the Treatie of Bretignie by the which king John quitted the Soveraignty of Glasconnie and Poyton that agreement was not kept neither was he more bound to do it then a Tutor or Guardian is being prisoner as he was then which for his own deliverance should ingage the estate of his Pupils By the power Anno 1465. of the same Law the Parliament of Paris made void the Treatie of Conflâ—us by the which Duke Charles of Burgundie had drawn from the king Aâ—niens and other Towns of Picardie In our dayes the same Parliament declared void the Agreement made at Madrid between Anno 1525. Francis the 1. then prisoner and Charles the 5. concerning the Duchie Aâ—â—â— 1420. M â—uâ—â—â—let chap. 225. of Buâ—gundie But the donation made by Charles the 6. unto Hâ—n king of England of the kingdom of France after his decease is a sufficient testimony for this matter and of his madnes if there had been no other proof But to leave off producing any further testimonies examples or reasons by what right can the King give or sell away the kingdom or any part of it seeing it consisteth of people and not of earth or L. liber homo 10â— D. de ver oblâ— liemâ—tâ— 34 â—â—ct â— D. de coâ—te â—mp lâ—â—eâ—â—â—lt C de opâ—r libert walls and of Free men there can be made no sale nor traffick yea and the Patrons themselves cannot compell the infranchisde servants to make their habitations in other places then themselves
objection made what will you say That a whole people that beast of many heads must they run Dominus l. 1. D. de dolo malo in a mutinous disorder to order the businesses of the Common-wealth What addresse or direction is there in an unruly and unbridled multitude what counsell or wisdome to manage the affaires of State When we speak of all the people we understand by that only What is to be understood by this word people those which hold their authority from the people to wit the Magistrates which are inferiour to the King and whom the people hath substituted or established as it were Consorts in the Empire and with a kind of Tribunitiall authority to restrain the encroachments of Sovereignty and to represent the whole body of the people We understand also the Assembly of the Estates which is nothing else but an Epitomy or briefe collection of the Kingdome to whom all publique affaires have speciall and absolute reference such were the Seventy Ancients in the Kingdome of Israel amongst whom the High Priest was as it were president and they judged all matters of greatest importance those seventy being first chosen by six out of each Tribe which came out of the land of Egypt then the Heads or Governors of Provinces In like manner the Judges and Provosts of Towns the Captains of thousands the Centurions and others which commanded over Families the most valiant noble and otherwaies notable personages of whom was composed the body of the States assembled divers times as it plainly appears by the words of the holy Scripture At the election of the first King which was Saul all the Ancients of Israel assembled together at 1 Sam. 1. 4. Rama In like manner and all Israel was assembled or all Judah and Benjamin c. Now it is no way probable that all the people one by one met together there Of this ranck there are in every well governd Kingdom the Princes the Officers of the Crown the Peers the greatest and most notable Lords the Deputies of Provinces of whom the ordinary body of the Estate is composed or the Parliament or the Diet or other Assembly according to the different names used in divers Countries of the world in which Assemblies the principall care is had both for the preventing and reforming either of disorder or detriment in Church or Common-wealth For as the Counsels of Basil and Constance have decreed and well decreed that the universal Councel is in Authoritie above the Bishop of Rome As in like manner the whole Chapter may over-rule the Bishop the Vniversitie the Rector the Court the President Briefly he whosoever he is that hath received authoritie from a Company is inferior ro that whole company although he be superior to any of the particular Members of it Also is it without any scruple or doubt that Israel which demanded and established a King as Governor of the Publick must needs be above Saul established at their request and for Israels sake as it shall be more fully proved hereafter And for so much as an orderly proceeding is necessarily required in all affairs discreetly addressed and that it is not so probably hopefull that order shall be observed amongst so great a number of people yea and that there oftentimes occurs occasions which may not be communicated to a multitude without manifest danger of the Common-wealth We say that all that which hath been spoken of priviledges granted and right committed to the people ought to be referred to the Officers and Deputies of the Kingdom and all that which hath been said of Israel is to be understood of the Princes and Elders of Israel to whom these things were granted and committed as the practice also hath verified The Queen Athalia after the death of her son Ahazia King of â— Chron. 23. Judah put to death all those of the royal bloud except little Joas which being yet in the cradle was preserved by the piety and wisedome of his Aunt Iehoshabeah Athalia possesseth her self of the government and reigned six year over Judah It may well be the people murmured between their teeth and durst not by reason of danger express what they thought in their minds Finally Jehoida the High-Priest the husband of Jehoshabeah having secretly made a league and combination with the chief men of the Kingdom did anoint and Crown King his Nephew Joas being but seven year old And he did not content himself to drive the Queen-Mother from the royal Throne but he also put her to death and presently overthrew the Idolatry of Baal This deed of Jehoiada is approved and by good reason for he took on him the defence of a good Cause for he assailed the Tyranny and not the Kingdom The Tyranny Bartoâ— de Tirannâ—d Deut. 17. 15. I say which had no Title as our modern Civilians speak For by no Law were women admitted to the government of the Kingdom of Judah Furthermore that Tyranny was in vigor and practice For Athalia had with unbounded mischief and cruelty invaded the Realme of her Nephews and in the administration of that Government committed infinite wickedness and which was the worst of all had cast off the service of the the living God to adore and compel others with her the Idol of Baal Therefore then was she justly punished and by him which had a lawful calling and authority to do it For Jehoida was not a private and particular person but the High-Priest to whom the knowledge of civil causes did then belong And besides he had for his Associats the principal men of the Kingdom the Levites and being himself the Kings kins-man and ally Now for so much as he assembled not the estates at Mizpah according to the accustomed manner he is not reproved for it neither for that he consulted and contrived the matter secretly for that if he had held any other manner of proceeding the business must probably have sailed in the execution and success Bartol in tract de Guelph Gibel A combination or conjuration is good or ill according as the end whereunto it is addressed is good or ill and perhaps also according as they are affected which are the managers of it We say then that the Princes of Judah have done well and that in following any other course they had failed of the right way For even as the guardian ought to take charge and care that the goods of his pupil fall not into losse and detriment and if he omit his duty therein he may be compelled to give an account thereof In like manner those to whose custody and tuition the people have committed themselves and whom they have constituted their Tutors and defenders ought to maintain them safe intire in all their rights and priviledges To be short as it is lawfull for a whole people to resist and oppose Tyranny Vlp. l. 260. D. de reg â—â—ui so likewise the principal persons of the Kingdom may
as heads and for the good of the whole body confederate and associate themselves together and as in a publick State that which is done by the greatest part is esteemed and taken as the act of all so in like manner must it be said to be done which the better part of the most principal have acted briefly that all the people had their hand in it But here presents it self another question the which deserves to Whether part of a Kingdom may make resistance be considered and amply debated in regard of the circumstance of time Let us put the case that a King seeking to abolish the Law of God or ruine the Church that all the people or the greatest part yeild their consents that all the Princes or the greatest number of them make no reckoniug and notwithstanding a small handfull of people to wit some of the Princes and Magistrates desire to preserve the Law of God entirely and inviolably and to serve the Lord purely what may it be lawfull for them to do if the King seek to compel those men to be Idolaters ot will take from them the exercise of true religion We speak not here of private and particular persons considered one by one and which in that manner are not held as parts of the entire body As the planks the nails the pegs are no part of the Ship neither the stones the rafters nor the rubbish are any part of the house but we speak of some Town or Province which makes a portion of a Kingdom as the prow the poop the keel and other parts make a Ship the foundation the roof and the walls make a house We speak also of the Magistrate which governs such a Citie or Province If we must make our defence with producing of examples although we have not many ready by reason of the backwardness and carelesness of men when there is question to maintain the service of God notwithstanding we have some few to be examined and received according as they deserve Libna a Town of the Priests withdrew it Iohn 21 13. 1 Chron. 6. 17. 2 Chron. 21. 10. self from the obedience of Joram King of Judah and left that Prince because he had abandoned the God of his Fathers whom those of that Town would serve and it may be they feared also lest in the end they should be compelled to sacrifice to Baal In like manner when that the King Antiochus commanded that all the Jews should imbrace his religion and should forsake that which the God Almighty had taught them Mattathias answered we will not 1 Mac 1. 43. 2. 22. 3. 43. obey nor will we do any thing contrary to our religion neither did he only speak but also being transported with the zeal of Phineas he killed with his own hands a Jew which constrained his fellow Citizens to sacrifice to Idols then he took arms and retired into the mountain gathered troups and made war against Antiochu for Religion and for his Countrie with such success that he regained Ierusalem brok and brought to nothing the power of the Pagans which they had gathered to ruine the Church and then re-established the pure service of God If we will know who this Matthias was he was the Father of the Machabees of the Tribe of Levi insomuch as it was not lawfull for him according to the received custome and right of his race to restore the Kingdom by arms from the Tyranny of Antiochus His followers were such as fled to the mountains together with the inhabitants of Modin to whom had adjoyned themselves divers neighboring Jews and other fugitives from sundry quarters of Iudeah all which solicitously desired the re-establishment of the Church Almost all the rest yea the principals obeyed Antiochus and that after the rout of his army and his own miserable death Although there were then a fair 1 Mac. 6. 21. c. occasion to shake off his yoke yet the Jewes sought to the sonne of Antiochus and intreated him to take on him the Kingdom promising him fidelity and obedience I might here produce the example of Debora The Lord God had subjected Israel to Iabin King of Canaan and they had remained in this servitude the space of twenty years which might seem in some sort to have gained a right by prescription over the Kingdom and together also that almost all Israel followed after strange gods The principal and most powerful Tribes to wit Reuben Ephraim Benjamin Dan Asher and some others adhered wholly to Iabin Yet notwithstanding the Prophetess Debora which judged Israel caused the Tribes of Zebulon Nephthalie and Issachar or at the lest some of all those Tribes to take arms under the conduct of Barac and they overthrew Sisera the Lieftenant of Iabin and delivered Israel which had no thought of liberty and was content to remain in bondage and having shaken off the yoke of Canaaniets they re-established the pure service of the living God But for so much as Debora seems to have an extraordinary vocation and that the Scripture doth not approve in expresse terms the doings of them of Libna although that in not disallowing of their proceedings it may seem in some sort to allow them and for that the History of the Machabees hath had no great authoritie in the ancient Church and for that it is comonly held that an assertion must be proved by laws and testimonies not by examples let us examine by the effect what we ought to judge according to the right of the matter now in question We have formerly said that the King did swear to keep the Law of God and promise to the uttermost of his power to maintain the Church that the people of Israel considered in one body covenanting by the High-Priest made the same promise to God Now at this present we say that all the Towns and all the Magistrates of these Towns which be parts and portions of the Kingdom promise each of them in his own behalf and in express terms the which all Towns and Christian Communalties have also done although it have been but with a tacite consent Ioshua being Iosuah â—4 very old and near to his death assembled all Israel at Sichem in the presence of God to wit before the Ark of the Covenant which was there It is said that the Antients of the people the Heads of the Tribe the Judges and Governors and all which had any publick command in the Towns of Israel met together there where they swore to observe and keep the Law of the Lord. and did willingly put on the yoke of the Almighty God whereby it appears that these Magistrates did oblige themselves in the names of their Towns and Communalties which did send them to take order that God should be served throughout the whole Countrie according as he had revealed in his Law And Joshuah for his part having passed this contract of agreement between God and the people and inregistred the whole
a contrary opinion In those times all men acknowledged the Pope for Gods Vicar on earth and head of the universal Church Insomuch that as it is said common errour went instead of a Law notwithstanding the Sorbonists being assembled and demanded made answer that the L. Parber Philip D. de Senat. King and the Kingdom might falsly without blame or danger of schisme exempt themselves from his obedience and flatly refuse that which the Pope demanded for so much as it is not the separation but the cause which makes the schisme and if there were schisme it should be only in separating from Boniface and not from the Church nor from the Pope and that there was no danger nor offence in so remaining untill some honest man were chosen Pope Every one knowes into what perplexities the consciences of a whole Kingdom would fall which held themselves separated from the Church if this distinction be not true I would demand now if it be not yet more lawfull to make use of this distinction when a King invades and incroacheth on the jurisdiction of God and oppresseth with hand servitude the scales dearly bought with the pretious blood of Jesus Christ Let us adde another example In the year of our Lord 2408. when Pope Benedict the 13. did oppose the French Church by tributes and exactions the Clergy assembled by the Command of King Charles the 6. decreed that the King and Inhabitants Annales of France monstrelet of the Kingdom ought not to obey Benedict which was an Heritick a schismatick and altogether unworthy of that dignity the which the Estates of the Kingdom approved and the Parliament of Paris confirmed by a decree The same Clergy also ordained that those which had been excommunicated by that Pope as forsakers and enemies of the Church should be presently absolved nullifying all such excommunications and this hath been practised not in France onely but in other places also as Histories do credibly report The which gives us just occasioâ—â—ost perspicuously to see and know that if he which holds the place of a Prince do govern ill there may be a separation from him without incurring justly the blame of revolt for that they are things in themselves directly contrary to leave a bad Pope and forsake the Church a wicked King and the Kingdom To returne to those of Lobna they seeme to have followed 2 Kings 19. 8. this before remembred expedient for after the reestablishment of the service of God they presently became again the subjects of King Ezekias And if ti is distinction be allowed place when a Pope incroacheth on the rights of any Prince which notwithstanding in some cases acknowledgeth him for his Soveraign Is it not much more allowable if a Prince which is a Vassall in that respect endeavours to assure and appropriate to himselfe the rights of God Let us conclude then to end this discourse that all the people by the authority of those into whose hands they have committed their Power or divers of them may and ought to Extrau de majo obed reprove and represse a Prince which Commands things against God In like manner that all or at the least the principalls of Provinces or Towns under the authority of the chiefe Magistrates established first by God and secondly by the Prince may according to Law and reason hinder the entrance of Idolatry within the inclosure of their walles and maintain their true Religion yea further they may extend the Confines of the Church which is but one and in failing hereof if they have meanes to do it they justly incur the penaltie of High-Treason against the Divine Majesty Whether private men may resist by Armes It remaines now that we speak of particulers which are private persons First particulars or private persons are not bound to take up arms gainst the Prince which would compell them to become Idolaters The L. sicut 7 5. 1. D. quâ—d cujusque â—nivens Cove-nant betweene God all the people who promise to be the people of God doth not in any sort bind them to that for as that which belongs to the whole vniversall body is in no sort proper to particulars so in like manner that which the body owes and is bound to performe cannot by any sencible reason be required of particular persons neither doth their duty any thing obliege them to it for every one is bound to serve God in that proper vocation to which this called Now private persons they have no power they have no publik command nor any calling to unsheath the sword of authority And therefore as God hath not put the sword into the hands of privat men so doth he not require in any sort that they should strike with it It is said to them put up thy sword into thy scabberd On the contrary the Apostle saies of Majestrates Mat. 26 52. Rom. 13. 4. they carry not the sword in vaine If particuler men draw it forth they make themselves Delinquents If Majestrates be slow and negligent to use it when just occasion is offered they are likewise justly blameable of negligence in performing their duties and equally guilty with the former But you will say unto me hath not God made a Covenant as well with particular persons as with the generality with the least as well as the higest To what purpose was Circumcision and Baptisme ordained What meaneth that frequent repetition of the Covenant in so many passages of holy writ All this is true but the consideration hereof is divers in their severall kinds For as all the subjects of a good and faithfull Prince of what degree soever they be are bound to obey him but some of them notwithstanding have their particuler duty as Magestrates must hold others in obedience in like manner all men are bound to serve God bnt some as they are placed in a higher rancke have received greater authority in so much as they are accountable for the offences of others if they attend not the charges of the Communalty carefully The Kings the Communalties of people the Majestrates into whose hands the whole body of the Common-wealth hath committed the sword of authority must and onght to take care that the Church be maintained and preserved particulars ought only to looke that they render themselves members of this Church Kings and popular Estates are bound to hinder the pollution or ruine of the Temple of God ought to free and defend it from all corruption within and all injury from without Private men must take order that their bodies the Temples of of God be pure that they may be fit recptacles for the Holy-ghoast to dwell in them If any man defile the Temple of God saith the Apostle him 1 Cor. 3. 17. 6. 19. shall God destroy for the Temple of God is holy which Temple ye are to the former he gives the sword which they beare with authority to the other he recommends the sword of the
house-hold breakes his staffe of office and sayes Our Master is dead let every one provide for himselfe On the other side the kingdom hath her officers to wit the Mayor of the Palace which since hath been called the Constable the Marshals the Admirall the Chancellour or great Referendary the Secretaries the Treasurers and others which heretofore were created in the Assembly of the three Estates the Clergy the Nobility and the People Since that the Parliament of Paris was made Sedentary they are not thought to be established in their places before they have beene first received and approved by that course of Parliament and may not be dismissed nor deposed but by the authority and consent of the same Now all these officers take their oath to the Kingdome which is as much as to say to the people in the first place then to the King which is protector of he Kingdome the which appears by the tenour of the oath Above all the Constable who receiving the Sword from the King hath it girded unto him with this charge That he maintain and defend the Common-wealth as appears by the words that the King then pronounceth Besides the kingdome of France hath the Peers so called either for S. Filius fam instit quib mod jus patriae pot solvitur that they are the Kings companions or because they are the Fathers of the Common-wealth taking their denominations from the severall Provinces of the kingdome in whose hands the King at his inauguration takes his oath as if all the people of the kingdome were in them present which shews that these twelve Peers are above the King They on the other side swear That they will preserve not the King but the Crown that they will assist the Common-wealth with their councell and therefore will be present with their best abilities to councell the Prince both in peace and war as appears plainly in the Paitentee of their Peership And they therefore have the same right as the Peers of the Court Renatus châ—pinus ' lib. 3. which according to the Law of the Lumbards were not only associates to the Lord of the Fee in the judgment of cauâ—es but also did take an â—ccount and judge the differences that happenod between the Lord and his vassall We may also know that those Peers of France did often discusse suits and differences between the King and his Subjects Insomuch that when Charles the 6. would have given sentence against the Duke of Brittain they opposed it alleadging that the discussing of that businesse belonged properly to the Peers and not to the king who might not in any 〈◊〉 derogate from their authority Therefore it is that yet at this day the Parliament of Paris is called the Court of Peers being in some sort constituted Judge between the king and the people yea between the king and every private person and is bound and ought to maintain the meanest in the kingdome against the kings Attorney if he undertake any thing contrary to law Furthermore if the king ordain any thing in his Councell if he treat any agreement with the Princes his neighbours if he begin a Warre or make peace as lately with Charles the 5. the Emperour the Parliament ought to interpose their authority and all that which concerns the publike State must be there inregistred neither is there any thing firm and stable which the Parliament doth not first approve And to the end that the Councellours of that Parliament should not fear the king formerly they attained not to that place but by the nomination of the whole body of the Court neither could they be dismissed for any lawfull cause but by the authority of the said Body Furthermore if the Letters of the King be not subsigned by a Secretary of the Kingdom at this day called a Secretary of State and if the Letters Pattents be not sealed by the Chancellour who hath power also to cancell them they are of no force or value There is also Dukes Marquesses Earls Vicounts Barons Seneschabs and in the cities and good towns Mayors Baylistes Lieutenants Capitols Consuls Sindiques Sheriffs and others which have speciall authority through the Circuit of some countries or towns to preserve the people of their jurisdiction Time it is that at this day some of these dignities ere become hereditary Thus much concerning the ordinary Magistrates The Assembly of the three Estates Besides all this anciently every yeer and since lesse often to wit when some urgent necessity required it the generall or three Estates were assembled where all the Provinces and Townes of any worth to wâ—t the Burgesses Nobles and Ecclesiasticall persons did all of them send their Deputies and there they did publikely deliberate and conclude of that which concerned the publike state Alwayes the authority of this Assembly was such that what was there determined whether it were to treat peace or make war or create a Regent in the Kingdom or impose some new tribute it was ever held firm and inviolable nay which is more by the authority of this Assembly the Kings convinced of loose intemporancy or of insufficiency for so great a charge or tyranny were disthronized yes their whole Races were for ever excluded from their succession to the Kingdome no more nor lesse as their Progenitors were by the same authority formerly called to the administration of the same Kingdome Those whom the consent and approbation of the Estates had formerly raised were by the dissent and disallowing of the same afterwards cast down Those which tracing in the vertuous steps of their Ancestors were called to that dignity as if it had been their inheritance were driven out and dis-inherited for their degenerating ingratitude for that being tainted with insupportable vices they made themselves uncapable and unworthy of such honour This shews that succession was tollerated to avoid practises close and under-hand canvasing discontents of persons refused contentions interraines and other discommodities of elections But on the other part when successiou brought other mischiefes more pernicious when tyrannie trampled on the Kingdome and when a Tyrant possessed himselfe of the Royal Throne the Medicine proving much worse then the Disease then the Estates of the Kingdome lawfully assembled in the name of all the people have ever maintained their authority whether it were to drive out a Tyrant or other unworthy King or to establish a good one in his place The ancient French had learned that of the Gauses as Caesar shewes in his Commentaries For Ambiorix King of the Eburons or Leigeons confesseth That such were the condition of the Gaulish Empire that the people lawfully assembled had no lesse power over the King then the Caes l. 5. 7. de bello Gal. lico King had over the people The which appears also in Vircingentorix who gives an account of his actions before the Assembly of the people In the kingdoms of Spain especially Aragon Valentia and Catalonia there is the very same For
that which is called the Iustitia Major in Aragon hath the Soveraign authority in it selfe And therefore the Lords which represent the people proceed so far that both at the inaugaration of the King as also at the Assembly of the Estates which is observed every tâ—ird yeer to say to the King in expresse words that which follows We which are as much worth as you and have more power then you chuse you King upon these and these conditions and there is one between you and us which commands over you to wit the Iustitia Major of Aragon which oftentimes refuseth that which the King demands and forbids that which the King â—njoynes In the kingdoms of England and Scotland the Soveraignty seemes to be in the Parliament which heretofore was held almost every yeere They call Parliaments the Assembly of the Estates the kingdome in the which the Bishops Earles Barons Deputies of Towns and Provinces deliver their opinions and resolve with a joynt consent of the affaires of State the authority of this Assembly hath been so sacred and inviolable that the King durst not abrogate or alter that which had been there once decreed It was that which heretofore called and installed in their charges all the chief officers of the kingdome yea and sometimes the ordinary councellers of that which they call the Kings privie Councels In sum the other christian Kingdoms as Hungary Bohemia Denmarke Swedea and the rest they have their officers apart from the Kings and Histories together with the examples that we have in these our times suffâ—ciently demonstrate that these Officers and Estates have knowne how to make use of their authoriâ—y even to the deposing and driving out of the tyrannors and unworthy Kings We must nor therefore esteem that this cuts too short the wings of Royal authority and that it is as much as to take the Kings head from his shoulders We believe that God is Almighty neither think we it any thing diminisheth his power because he cannot sin neither say we that his Empire is lesse to be esteemed because it cannot be neither shaken nor cast downe neither also must we judge a King to be too much abused if he be withheld by others from falling into an errour to which he is over-much inclined or for that by the wisdome and discretion of some of his Councellors his kingdome is preserved and kept intire and safe which otherwise happily by his weaknesse or wickednesse might have been ruined Will you say that a man is lesse healthfull because he is invironed with discreet Physitians which councell him to avoid all intemperance and forbid him to eat such meats as are obnoxious to the stomack yea and which purge him many times against his will and when he resists which will prove his better friends whether these Physitians which are studiously carefull of his health or those Sicophants which are ready at every turn to give him that which must of necessity hasten his end We must then always observe this distinction The first are the friends of the King The other are the friends of Francis which is King The friends of Francis are those which serve him The friends of the King are the officers servants of the kingdom For seeing the King hath this name because of the kingdom and that it is the people which give being and consistence to the kingdome the which being lost or ruined bee must needs ceaâ—e to be a King or at the least not so truly a King or else wee must take a shadow for a substance Without question those are most truly the Kings friends which are most industriously carefull of the welfare of his kingdom and those his worst enemies which neglect the good of the Common wealth and seek to draw the King into the same lapse of errour And as it is impossible to separate the kingdom from the people nor the King from the Kingdome in like manner neither can the friends of the King be dis-joyned from the friends of the people and the Kingdome I say further that those which with a true affection love Francis had rather see him a King then a Subject Now seeing they cannot see him a King it necessarily followes that in loving Francis they must also love the Kingdome But those which would be esteemed more the friends of Francis then of the kingdome and the people are truly flatterers and the most pernitious enemies of the King and publike State Now if they were true friends indeed they would desire and endeavour that the King might become more powerfull and more assured in his estate according to that notable saying of Theopompus King of Sparta after the Ephores or Controllers of the Kings were instituted Tkemore said he are appointed by the People to watch over and look to the affaires of the Kingdome the more those that govern shall have credit and the more safe and happy shall be the State Whether prescription of time can take away the right of the people But peradventure some one will reply you speak to us here of Peers of Lords and Officers of the Crown But I for my part see not any but only some shewes and shadows of antiquity as if they were to be represented on a stage I see not for the present searce any tract of that ancient liberty and authority nay which is worse a great part if not all of those officers take care of nothing but their particular affairs and almost if not altogether serve as flatterers about those Kings who joyntly tosse the poor people like â—ennice bals hardly is there one to be found that hath compussion on or will lend a helping hand to the miserable subjects fleaed and scorched to the very bones by their insolent and insupportable oppression If any be but houth to have such a desire they are presently condemned as Rebels and seditious and are constrained either to fly wiâ—h much discommodity or else must run hazard both of life and liberty What can be answered to this the businesse goes thus The outragiousnesse of Kings the ignorance of the party together with the wicked connivence of the great ones of the kingdome hath been for the most part such throughout the World that the licentious and unbridled power wherewith most kings are transported and which hath made them insupportable hath in a manner by the length of continuance gained right of prescription and the people for want of using it hath incitely quit if not altogether lost their just ancient authority So that it ordinarily happens that what all mens care ought to attend on is for the most part neglected by every man for what is commited to the generalty no man thinkes is commended to his custody Notwithstanding no such prescription nor praevarication can justly prejudice the right of the people It is commonly said that the Exchequers doe admit no â—ale of prescription against it much lesse against the whole body of the people whose power transcends the
by him onely for rapine and ruine Whether the goods of the people belong to the King But to proceed let us now see whether the King whom we have alreadie proved hath not power over the lives of his Subjects is not at the least Lord over their Goods In these dayes there is no language more common in the Courts of Princes then of those who say all is the Kings Whereby it follows that in exacting any thing from his Subjects he takes but his own and in that which he leaves them he expresseth the care he hath that they should not be altogether destitute of meanes to maintaine themselves and this opinion hath gained so much power in the minds of some Princes that they are not ashamed to say that the paines sweat and industrie of their Subjects is their proper revenue as if their miserable Subjects onely kept beasts to till the earth for their insolent masters profit and luxurie And indeed the practise at this day is just in this manner although in all right equity it ought to be contrarie now we must alwaies remember that Kings were created for the good and profit of the people and that those as Aristotle sayes which indeavour and seeke the commoditie of the people are trusty Kings whereas those that make their own private ends and pleasures the onely butt and aime of their desirers are truly Tyrants It being then so that every one loves that which is his owne yea that many covet that which belongs to other men is it any thing probable that men should seek a master to give him francklie al that they had long laboured for and gained with the sweat of their browes may we not rather imagine that they chose such a man on whose integrity they relied for the administring of justice equally both to the poore and rich and which would not assume all to himselfe but rather maintaine every one in the fruition of his own goods or who like an unprofitable Drone should suck the fruit of other mens labours but rather preserve the house for those whose industrie justly deserved it briefly who instead of extorting from the true owners their goods would see them defended from all ravening oppressors What I pray you skills it sayes the poore Countrie man whether the King or the enemy make havok of my goods since through the spoile thereof I and my poore familie die for hunger what imports it whether a stranger or home-bred caterpiller ruine my estate and bring my poore fortune to extream beggery Whether a forrein Souldier or a Sicophant Courtier by force or fraud make me alike miserable Why shall he be accounted a barbarous enemy if thou be a friendly Patriot Why he a Tyrant if thou be a King Yea certainly by how much parracide is greater then manslaughter by so much the wickednesse of a King exceeds in mischiefe the violence of an enemy If then therefore in the creation of Kings men gave not their own proper goods unto them but onely recommended them to their protection by what other right then but that of free booters can they challenge the propertie of other mens goods to themselves Wherefore the Kings of Egypt were not according to Law at the first the Lords of particular mens estates but were onely then when they were sold unto them for corne and yet may there well be question made of the validitie of that contract Ahab King of Israel could not compell Naboth to sell him his Gen 45. 1 Kings 21. 1. c. vineyard but rather if he had been willing the Law of God would not permit it The Roman Emperors which had an unreasonable power could neither by right have done it At this day there is with much difficultie any Kingdom to be found where the meanest Subject may not sue the King where many times the L. venditor 13. D. de com praed divid King is not cast in the sute which succeeding he must as well as others satisfie the judgment And to this is not contrarie although at the first veiw it seeme so that which some of their most familiars have written of the Emperors That by the civill Law all things were the Kings and that Caesar was absolute Lord of all Seneca lib. de benef 7. C. 4. 5. 6. things they themselves expound this their opinion in this manner that the dominion of all things belongs to the King and the proprietie to the particular persons insomuch as the one possesseth all by the right of commanding the other by the Law of inheritance We know that it is a common saying amongst the Civilians that if any make claime to a house or a Ship it followes not therefore that he can extend his right to all the furniture L. nave 36. D. de evictionibus or lading And therefore a King may challenge and gaine right to the Kingdome of Germanie France and England and yet notwithstanding he may not lawfully take any honest mans estate from him but by manifest injustice seeing that they are things diverse and by Law distinguished to be possessors of the whole and of all the particular parts Whether the King be the proper owner of the Kingdom But the King is he not Lord proprietor of the publick Revenue We must handle this point somewhat more exactly then we did the former In the first place we must consider that the revenue of the publick Excheaquer is one thing the proper patrimonie of the Prince an other of different nature are the goods of the Emperor King or Prince to those of Aâ—tonius Henrie or Philip those are properly the Kings which he injoyes as King those are Antonious his which he possesseth as in the right of Antonius the former he received from the people the latter from those of his blood as inheritor to them This distinction is frequent in the books of the civill Law where there is a difference ever made between the patrimonie of the Empire and that of the Emperor the treasurie of Caesar is one L. bene à Zenone C. de quod praesc C. unde quaest Mag ib. 12. C. l. fiscus D. de jurefisci thing and the Exchequer of the Common-wealth another and both the one and the other have their severall procurers there being diverse dispensers of the sacred and publick distributions and of the particular private expences insomuch as he which as Emperor is preferred before a private man in a grant by deed or chartell may also sometime as Antonius give place to an inferiour person In like manner in the Empire of Germanie the revenue of Ferdinand of Austria is one thing and the revenue of the Emperor Ferdinand is another the Empire and the Emperor have their severall treasurers as also there is difference in the inheritances which the Princes derive from the houses of their ancestors and those which are annexed to the Electorall dignities Yea amongst the Turks themselves Selimus his
remains the same According to which we know that Charles the fifth of the house of Austria was under Specul Saxon. lib. 3. Vrtic 54. certain conditions chosen Emperour as in the same manner his successors were the summe of which was that he should keep the Lawes already made and make no new ones without the consent of the Electors that he should govern the publick affaires by the advice of the generall Estates nor ingage any thing that belongs to the Empire and other matters which are particularly recited by the Historians When the Emperour is crowned at Aquisgrave the Archbishop of Cullen requires of him in the first place Sleyd lib. 2. 2. If he will maintain the Church if he will distribute justice if he will defend the Empire and protect Widowes Orphans and all other worthy of compâ—ssion The which after he hath solemnly sworn before the Altar the Princes also which represent the Empire are asked if they will not promise the same neither is the Emperour anointed nor receives the other Ornaments of the Empire before he have first taken that solemn oath Whereupon it followes that the Emperour is tied absoutely and the princes of the Empire under condition That the same is observed in the Kingdome of Polonia no man will make question who had but seen or heard of the ceremonies and rites wherewith Henry of Anjoy was lately chosen and crowned King of that Countrey especially then when the condition of maintaining of the two Religions the Reformed and the Roman was demanded the which the Lords of the kingdome in expresse termes required of him three severall times and he as often made promise to perform The same is observed in the Kingdomes of Bohemia Hungary and others the which we omit to relate particularly to avoid prolixity Now this manner of stipulation is not onely received in those Kingdomes where the right of election is yet entirely observed but even in those also which are esteemed to be simply hereditary When the King of France is crowned the Bishops of Laon and Beauvois Ecclesiasticall Peeres ask all the people there present whether they desiâ—e and command that he which is there before them shall be their King Whereupon he is said even then in the stile of the inauguration to be chosen by the people and when they have given the signe of consenting then the King sweares that he will maintaine all the rights priviledges and lawes of France universally that he will not aliene the Dâ—meane and the other Articles which have been yet so changed and accomodated to bad intentions as they differ greatly from that copie which remaines in the Library of the Chapter of Beauvois according to which it is recorded that King Philip the first of that name tooke his Oath at his Coronation yet notwithstanding they are not unfitly expressed Neither is he girded with the sword nor anointed nor crowned by the Peers who at that time weare Coronets on their heads nor receives the Scepter and rod of Justice nor is proclaimed King before first the people have commanded it neither doe the Peers take their oaths of alleageance before he have first solemnly sworne to keepe the Lawes carefully And those be that he shall not waste the publicke revenue that he shall not of his own proper authoritie impose any taxes customes or tributes that he shall not make peace or warre nor determine of State-affaires without the advise of the Councell of State Briefly that he should leave to the Parliament to the States and to the Officers of the Kingdome their authoritie intire and all things else which have been usually observed in the Kingdome of France And when he first enters any Citie or Province he is bound to confirme their priviledges and sweares to maintaine their Lawes and Customes This is straitly observed in the Cities of Tholouse and Rochel and in the Countries of Daulphinie Province and Britaine The which Townes and Provinces have their particular and expresse Covenants and agreements with the Kings which must needs be voyde if the condition expressed in the Contract be not of force nor the Kings tied to the performance There is the forme of the Oath of the ancient Kings of Burgundie In Annal. Burgund yet extant in these words I will protect all men in their rights according to Law and justice In England Scotland Sweden and Denmarke there is almost the same custome as in France but in no place there is used a more discreet care in their manner of proceeding than in Spaine For in the Kingdome of Arragon after the finishing of many Ceremonies which are used between him which represents the Justitia major of Arragon which comprehends the majestie of the Common-wealth seated in a higher seate and the King which is to be crowned who sweares fealtie and does his homage and having reade the Lawes and conditions to the accomplishment whereof he is sworne Finally the Lords of the Kingdome use to the King these words in the vulgar Language as is before expressed page 60. Nos qui valemos tanto como vos y podemos mas que vos vos elegimos kei con estas è y estat conditiones entra vos y nos un que manda mas que vos Wee which are as much worth as you and have more power than you choose you King upon these and these conditions and there is one between you and us which commands over you But least the King should thinke he swore onely for fashion sake and to observe an olde custome every third yeare in full assemblie of the Estates the very same words and in the same manner are repeated unto him And if under pretext of his royall dignitie he become insolent violating the Lawes and neglect his publick faith and promise given then by the priviledge of the Kingdome he is judged excommunicated as execrable as Julian the Apostata was by the primitive Church which excommunication is esteemed of that validitie that instead of praying for the King in their publick oraysons they pray against him and the subjects are by the same right acquit from their oath of Alleageance as the vassall is exempted from obedience and obligation by oath to his Lord which stands excommunicated the which hath been determined and confirmed In Concil Tolet 4. c. 74. in Tolet. 6. lib. 2. feud tit 28. sect 1. both by act of Councell and Decree of State in the Kingdome of Arragon In like manner in the Kingdome of Castile in full assembly of the Estates the King being readie to be crowned is first in the presence of all advertised of his dutie and even then are reade the Articles discreetly composed for the good of the Common-wealth the King sweares he will observe and keepe them carefully and faithfully which being done then the Constable takes his oath of alleageance after the Princes and Deputies for the Townes sweare each of them in their order and the same is
of the State neither can those be justly excused whose base feare hindred the happie successe of Pompey and his partakers noble designer Augustus himselfe is said to have reproved one who rayled on Cato affirming that he carried himselfe worthily and exceedingly affected to the greatnesse of his Countrey in couragiously opposing the alteration which his contraries sought to introduce in the Government of the State seeing all innovations of that nature are ever Authors of much trouble and confusion Furthermore no man can justly reprehend Brutus Cassius and the rest who killed Caesar before his tyrannicall authoritie had taken any firme rooting And so were there Statues of brasse erected in honour of them by publick decree at Athens and placed by those of Harmodius and Aristogiton then when after the dispatching of Caesar they retired from Rome to avoyde Mar Antonie and Augustus their revenge But Cinna was certainly guiltie of sedition who after a legall transferring of the peoples power into the hands of Augustus is said to conspire against him Likewise when the Pepins sought to take the Crowne of France from the Merovingians as also when those of the line of Capet endeavoured to supplant the Pepins any might lawfully resist them without incurring the crime of sedition but when by publick counsell and the authoritie of the Estates the kingdome was transferred from one familie to another it was then unlawfull to oppose it The same may be said if a Woman possesse her selfe of the Kingdome which the Salick Law absolutely prohibites or if one seeke to make a Kingdome meerly elective hereditary to his off-spring while those Lawes stand in force and are unrâ—pealed by the authoritie of the generall Estates which represent the body of the people Neither is it necessary in this respect to have regard whether faction is the greater more powerfull or more illustrious Alwayes those are the greater number who are led by passion than those that are ruled by reason and therefore tyranny hath more servants than the Common-wealth But Rome is there according to the saying of Pompey where the Senate is and the Senate is where there is obedience to the Lawes love of libertie and studious carefulnesse for the Countries preservation And therefore though Brennus may seeme to be master of Rome yet notwithstanding is Rome at veies with Camillus who prepares to deliver Rome from bondage It behoves therefore all true Romans to repaire to Camillus and assist his Enterprise with the utmost of their power and endeavours Although Themistocles and all his Plutarch in vita Themist able and worthiest companions leave Athens and put to Sea with a navie of two hundred Gallies notwithstanding it cannot be said that any of these men are banished Athens But rather as Themistâ—cles answered These two hundred Gallies are more usefull for us than the greatest Citie of all Greece for that they are armed and prepared for the defence of those which endeavour to maintaine and uphold the publick State But to come to other examples it follows not that the Church of God must needs be alwayes in that place where the Arke of the Covenant is for the Philistines may carry the Arke into the Temples of their Idols It is no good argument that because wee see the Roman Eagles waving in Ensignes and heare their Legions named that therefore presently wee conclude that the Armie of the Romane Common-wealth is there present for there is onely and properly the power of the State where they are assembled to maintaine the libertie of the Countrey against the ravenous oppression of Tyrants to infranchise the people from servitude and to suppresse the impudency of insulting flatterers who abuse the Princes weaknesse by oppressing his Subjects for the advantaging of their own fortunes and containe ambitious minds from enlarging their desires beyond the limits of equitie and moderation Thus much concerning Tyrants without title What may lawfully be done against Tyrants by practise But for Tyrants by practise whether they at first gained their authoritie by the sword or were legally invested therewith by a generall consent It behooves us to examine this point with much wary circumspection In the first place we must rememher that all Princes are born men and therefore reason and passion are as hardly to be separated in them as the soule is from the body whilest the man liveth We must not then expect Princes absolute in perfection but rathâ—r repute our selves happy if those that govern us be indifferently good And therefore although the prince observe not exact mediocrity in State-affaires if sometimes passion over-rule his reason if some carelesse omission make him neglect the publick utility or if he doe not alwayes carefully execute justice with equality or repulse not with ready valour an invading enemy he must not therefore be presently declared a tyrant And certainly seeing he rules not as a God over men nor as men over beasts but is a man composed of the same matter and of the same nature with the rest as we would questionlesse judge that prince unreasonably insolent that should insult over and abuse his subjects as if they were bruit beasts so those people are doubtlesse as much void of reason which imagine a prince should be compleat in perfection or expect divine abilities in a nature so frail and subject to imperfection Put if a prince purposely ruine the Common-weale if he presumptuously pervert and resist legall proceedings or lawfull rights if he make no reckoning of faith covenants justice nor piety if he prosecute his subjects as enemies briefly if he expresse all or the chiefest of those wicked prâ—ctsces we have so merly spoken of then we may certainly declare him a tyrant which is as much as an enemy both to God and men We doe not therefore speak of a prince lesse good but of one absolute bad not of one lesse wise but of one malicious and treacherous not of one lesse able judiciously to discusse legall differences but as one perversly bent to pervert justice and equity not of an unwarlick but of one furiously disposed to ruine the people and ransack the State For the wisdome of a Sâ—nate the integrity of a Judge the valour of a Captain may peradventure inable a weak prince to govern well But a tyrans could be content that all the Nobility the Councellors of State and Commanders for the warres had but one head that he might rake it off at one blow those being the proper objects of his distrust and feare and by consequence the principall subjects on whom he desires to execute his malice and cruelty A foolish prince although to speak according to right and equity he ought to be deposed yet may he perhaps in some sort be born withall But a tyrant the more he is tollerated the more he becomes intollerable Furthermore as the Princes pleasure is not alwayes law so many times it is not expedient that the people doe all that which may lawfully be done
people in the generall Assembly of the States he grew insolent and relying on the counsell of his Minions arrogantly threatens to lay beavier burthens on them hereafter No man can doubt but that according to the tenour of the contract first passed betweene the King and the people the prime and principall Officers of the Kingdome had authority to represse such insolence They were only blameable in this that they did that by faction and division which should more properly have beene done in the generall Assembly of the States in like manner in that they transferred the Scepter from Juda which was by God onely confin'd to that Tribe into another linage and also as it chances in other affaires for that they did ill and disorderly manage a just and lawfull cause Prophane histories are full of such examples in other Kingdomes Brutus Generall of the Souldiers and Lueretius Governour of the Citie of Rome assemble the people against Tarquinius Superbus Titus Livi. lib. 1. and by their authority thrust him from the royall Throne Nay which is more his goods are confiscated whereby it appeares that if Tarquinius had beene apprehended undoubtedly hee should have beene according to the publique lawes corporally punished The true causes why Tarquinius was deposed were because he altered the custome whereby the King was obliged to advise with the Senaâ—e on all weighty affaires that he made Warre and Peace according to his owne fancie that he treated confederacles without demanding counsell or consent from the people or Senate that he violated the Lawes whereof he was made Guardian briefly that he made no reckoning to observe the contracts agreed between the former Kings and the Nobility and people of Rome For the Roman Emperours I am sure you remember the sentence pronounced by the Senate against Nero wherein he was judged enemie to the Common-wealth and his body condemned to be ignominiously cast on the dung-hill and that other pronounced against Vitellius which adjudge him to be shamefully dis-membred and in that miserable estate trayled through the Citie and at last put to death another against Maximinius who was dispoild of the Empire and Maximus and Albinus established in his place by the Senace There might also be added many others drawne from unquestionable Historians The Emperour Trajan held not himselfe exempt from lawes neither desired he to be spared if he became a Tyrant for in delivering the Sword unto the great Provost of the Empire he sayes unto him If I command as I should use this sword for mee but if I doe otherwayes unsheath it against me In like manner the French by the authority of the States and solicited thereunto by the Officers of the Kingdome deposed Childerick the first Sigisbert Theodoricke and Childericke the third for their tyrannies and chose others of another Family to sit on the Royall Throne Yea they deposed some because of their idlenesse and want of judgment who exposed the State in prey to Panders Curtesans Flatterers and such other unworthy mushromes of the Court who governed all things at their pleasure taking from such rash Phaetous the bridle of government left the whole body of the State and people should be consumed through their unadvised folly Amongst others Theodoret was degraded because of Ebroinus Dagobert for Plectude and Thiband his Pander with some others the Estates esteeming the command of an effeminate Prince as insupportable as that of a woman and as unwillingly supporting the yoke of tyrannous Ministers managing affaires in the name of a loose and unworthy Prince as the burden of a tyrant alone To be briefe no more suffering themselves to be governed by one possessed by a Devill than they would by the Devill himselfe It is not very long since the Estates compeld Lewis the eleventh a Prince as subtile and it may be as wilfull as any to receive thirtie six Overseers by whose advise he was bound to governe the affaires of State The descendants from Charlemaine substituted in the place of the Merovingiens for the government of the kingdome or those of Capet supplanting the Charlemains by order of the Estates and raigning at this day have no other nor better right to the Crowne than what wee have formerly described and it hath ever been according to Law permitted the whole body of the people represented by the counsell of the Kingdome which are commonly called the Assembly of the States to depose and establish Princes according to the necessities of the Common-wealth According to the same rule wee reade that Adolph was removed from the Empire of Germany Anno 1296. because for covetousnesse without Anno 1296. any just occasion he invaded the Kingdome of France in favour of the English and Wenceslaus was also deposed in the yeare of our Lord 1400. Yet were not these Princes exceeding bad ones 1400. but of the number of those which are accounted lesse ill Elizabeth the wife of Edward the second King of England assembled the Parliament Froisard li. 1. cap. 1. against her husband who was there deposed both because he tyrannized in generall over his Subjects as also for that he cut Reade the manner of the deposing of Richard the second off the heads of many noble men without any just or legall proceeding It is not long since Christierne lost the Crowne of Denmarke Henry that of Sweden Mary Steward that of Scotland for the same or neere resembling occasions and the most worthy Histories relate divers alterations and changes which have hapned in like manner in the Kingdomes of Polonia Hungarie Spaine Portugall Bohemia and others But what shall we say of the Pope himselfe It is generally held Ant de But. confil quod positum est inter consil Paul de Castro vel antiq nu 412. incip viso puncto that the Cardinalls because they doe elect him or if they fayle in their dutie the Patriarkas which are next in ranke to them may upon certaine occasions maugre the Pope call a Councell yea and in it judge him As when by some notorious offence he scandalizeth the universall Church if he be incorrigible if reformation be as necessary in the head as the members if contrary to his oath he refuse to call a generall Councell And we reade for certaine that Mar. Laudâ—ns in tract de Card. 1. l. 2. q. 35. Phâ—lip Deciâ—s in quodan co â—iâ—o cujus verbs suerunt Andr. Bâ—â—h in d. conâ—â— 1. lib. 1. 〈◊〉 6. 〈…〉 de major obed divers Popes have been deposed by generall Councells But if they obstinately abuse their authoritie there must saith Baldus first be used verball admonitions secondly herball medicamentâ— or remedies thirdly stones or compulsion for where vertue and faire meanes have not power to perswade there force and terror must be put in ure to compell Now if according to the opinions of most of the learned by decrees of Councels and by custome in like occasions it plainly appeares that the Councell may depose the Pâ—pe
discover'd or delivered not the delinquents into the hand of the Magistrate If he were negligent in performing this duty for the first mulct he was to receive a certaine number of blowes on his body and to fast for 3. dayes together If the neighbour be so firmely oblig'd in this mutuall duty of succour to his neighbour yea to an unknowne person in case hee be assail'd by thieves shall it not be lawfull for a good Prince to assist not slaves to an imperious Master or children against a furious Father but a Kingdome against a Tyrant the Common-wealth against the private spleene of one the people who are indeed the true owners of the State â—â—ainst a ministring servant to the publique And if he câ—â—elesly or wilâ—ully omit this duty deserves he noâ— himselfe to be esteem'd a Tyrant and punished accordingly as well as the other a sobber which neglected to assist his neighbour in that danger Theucidides Theucid lib. 1. upon this matter saies that those are not only Tyrants which make other men slaves but much more those who having meanes to suppresse and prevent such oppression take no care to performe it And amongst others those which assumed the title of Protectors of Greece and defenders of the Countrey and yet stiâ—re not to deliver their Countrey from oppression of strangers and truly indeed For a Tyrant iâ— in some sort compeld to hold a straight and tyrannous hand over those who by violence and tyranny he hath constrain'd to obey him because as Tiberius said he holds the Wolfe by the eares whom he can neither hold without paine and force nor let goe without danger death To the end then that he may blot out oue sin with another sinne he files up one wickednesse to another and is forced to do injuries to others lest hee should prove by remisnesse injurious to himselfe But the Prince which with a negligent and idle regard lookes on the outragiousnesse of a Tyrant and the massacring of Innocente that he might have preserved like the barbarous spectacles of the Roman sword-playes is so much more guilty than the Tyrant himselfe by how much the cruel and homicidious directers and appointers of these bloody sports were more justly punishable by all good laws than the poore and constrain'd actors in those murthering tragedies and as he questionlesse deserves greater punishment which out of insolent jollity murthers one than hee which unwillingly for feare of a further harme kills a man If any object that it is against reason and good order to meddle in the affaires of another I answer with the olde man in Terrence I am a man and I believe that all duties of humanity are fit and convenient for me If others seeking to cover their base negligence and carelesse unwillingnesse Pompon de reg juâ— lâ—g 36. alledg that bounds and jurisdictions are distingnisht one from another and that it is not lawfull to thrust ones sickle into anothers harvest Neither am I also of that opinion that upon any such colour or pretence it is lawfull for a Prince to encroach upon anothers jurisdiction or right or uppon that occasion to usurp anothers countrey and so carry another mans corne into his bâ—rne as divers have taken such shadowes to maeke their bad intentions I will not I say that after the manner of those arbitrators which Cicero Ciccr. 2. offic speaks of thou adjudge the things in controversie to thy selfe But I require that you represse the Prince that invades the kingdome of Christ that you containe the Tyrant within his owne limits that you stretch forth your hand of compassion to the people afflicted that you raise up the Common-wealth lying groveling on the ground and that you so carry your selfe in the ordering aâ—d managing of this that all men may see your principall aime and end was the publique benefit of humane society and not any private profit or advantage of your owne For seeing that justice respects only the publique and that which is without and injustice fixes a man wholly on himselfe it doubtlesse becomes a man truly honest so to dispose his actions that ever private interests give place and yield to publique commoditie Briefly to epitomize what hath bin formerly said if a Prince outragiously over-pass the bounds of piety justice A neighbor Prince may justly and religiously leave his owne Countrey not to invade and usurp anothers but to containe the other within the limits of justice and equity and if he neglect or omit his duty herein hee shewes himselfe a wicked and unworthy Magistrace If a Prince tirannize over the people a neighbour Prince ought to yield succours as freely and willingly to the people as he would doe to the Prince his Brother if the people mutined against him yea he should so much the more readiâ—y succour the people by how much there is more just cause of pity to see many afflicted than one alone If Porsenna brought Tarquinius Superbus backe to Rome much more justly might Constantine requested by the Senate and Roman people expell Marentius the Tyrant from Rome Briefely if man become a Wolfe to man who hinders that man according to the proverb may not be instead of God to the needy And therefore the Ancients have ranckt Hercules amongst the gods because he punisht and tam'd Procrustes Busiris and other Tyrants the plagues of man kind and monsters of the earth So whilst the Roman Empire retained her freedome she was truly accounted the safe guard of all the world against the violence of Tyrants because the Senate was the port and refuge of Kings people and Nations In like manner Constantine called by the Romans against Mixentius had God Almighty for the leader of his Army and the whole Church doth with exceeding commendations celebrate his enterprize although that Maxentius had the same authority in the West aâ— Constantine had in the East Also Charlemaine undertooke War against the Lombards being requested to assist the Nobility of Italy although the Kingdome of the Lombards had been of a long continuance and he had no just pretence of right over them In like manner when Charles the bald King of France had tyrannously put to cleath the Governour of the Country between the River of Seynt and Loyre with the Duke Lambert and another Noble-man cald Jametius and that other great men of the Kingdome were retired unto Lewis King of Germany brother but by another moâ—her unto Charles to request aid against him and his mother called Juclith one of the most pernitious women of the world Lewis gare them audience in a full Assembly of the German Princâ—s by whose joynt advice it was decreed that Warres should be made against Charles for the re-establishing in their goods honours and estates those whom he had unjustly dispossest Finally as there hath ever been Tyrants disperst here and there so also all histories testifie that there hath been neighbouring Princes to oppose tyranny and maintain the people in their right The Princes of these times by imitating so worthy examples should suppresse the Tyrants both of bodies and soules and restraine the oppressors both of the Common-wealth and of the Church of Christ otherwise they themselves may most deservedly be branded with that infamous title of Tyrant And to conclude this discourse in a word piety commandâ— that the Law and Church of God be maintain'd Justice requires that Tyrants and destroyers of the Common-wealth be compel'd to reason Charity challenges the right of relieving and restoring the oppressed Those that make no account of these things doe as much as in them lies to drive pietie justice and charity out of this world that they may never more be heard of FINIS