12. and in his due time will relieve the oppressed and afflicted If we make diligent and exact Scrutiny into other Relations of human and civil dependencies our Judgments may be assisted for the more clear apprehending of truths of Government wherein we shall find some obligations between them so strictly enjoyned that they cannot be violated without the brand of Impiety as between Parents and Children Husband and Wife Master and Servant Col. 3. 18 19. 20 21 22. Job 31. 13. between whom although by the Laws of God and Man there be many reciprocal Duties yet are they nothing if weighed in a just Ballance in comparison to what Kings themselves owe to God and the Governed who are also the Church of Christ for what ever injury is done to a Christian Commonwealth is at the same time done against the Church of God whereof Christ is Head and King and those whom we call Kings thereof are but his Substitutes and Vicegerents and ought to govern as he hath commanded and as he will do when he shall come again in Glory to reign on Earth Besides they are constituted and ordained by the Governed under Conditions Covenants and Agreement not that themselves may live at ease only and command and rule at Pleasure but as Gods Vicegerents and as Trustees and Administrators of the Governed to rule and govern according to his and their own Laws quas vulgus eligerit for what a madness should we esteem it in human Affairs if Deputies Viceroyes and Lieutenants of Earthly Kings should for their own private ends and interest prefer them before the Honour Glory and Service of their Kings They who so administer Affairs take not right measures of their Masters Glory and the Peoples good but comply with the flatteries of their own Lusts their particular Advantages sinful Ends and interests or hatred furiously transporting them to the publick ruin privati Commodi vel odii pertinacia in publicum exitium stimulante Tacit. lib. 1. hist Private Interest and concerns saith Livy always have and always will hinder publick good Councils privatae res semper officere officientque publicis consiliis Livy lib 22. The Heathen taught only by the light of Nature could discern the truth of these things and have left Monuments thereof on their Tombs and Coins They doubted not saith Valerius that Empires were made to serve holy Purposes and that all things even such where the Lustre of Supreme Majesty was to appear were to be placed after Religion Kings Princes and Governours being partakers of the same human Nature in common with their Subjects are equally obliged by the same Laws of God and Nature to keep Faith and Covenant the common Law of Nature with them and therefore the Obligation of keeping Faith and Covenant is equally obligatory both to Prince and People As by the Law of Nature so by the Law of God Covenants are inviolably to be kept and not broken by either Prince or People And as Covenants between God and the King and between God and the People so between Kings and the People which as they are most solemnly made so they are as sacredly to be kâ—pt and that under great Menaces Pains and Penalties God hath given his â—ord that â—e will never break his Covenant Jud. 2. 1. and Psal 89. 34. My Covenant I will not break nor alter the thing that is gone out of my Mouth and requires and expects the like punctual performance from his Vicegerents and bitterly curses those that do infringe and break plighted Faith and Agreements Cursed be the Man that obeyeth not the words of this Covenant Jâ—r 11. 31. and God for the breach of Covenant gave the Princes of Judah and the Princes of Jerusalem the Eunuchs and the Priests and all the People of the land into the hands of the Enemies and into the hands of them that sought their lives and their Bodies for meat unto the Fowls of Heaven and to the Beasts of the Earth Jer. 34. 19 20. Besides God is no respecter of Persons Kings and Peasants are all alike to him all the Works of his own Hands all made of the same Mould all redeemed with the same previous Blood all his own Images and Temples and shall stand in an equal distance before his Tribunal who will judge all breakers of Covenant whether Kings or Peasants according to his own Righteous Judgment Neither Kings nor People have any Priviledge or Prerogative to break Covenant and they that do be they Kings or be they People are justly esteemed Rebels to the Laws and Covenants and the injured Persons have just Cause to right and defend themselves if oppressed by such Violation Kings accounting themselves as Gods Ministers and Vicegerents and Fathers of their Countries ought so to govern in good earnest and they being placed on their Thrones as such by the People ought to keep Laws and Covenants punctually with them and which they cannot break or sham without being perjured and becoming guilty of Tyranny and Oppression No Kings nor Princes can be so indulgent nor so really fond and ambitious of their Peoples Love and Welfare as God is of the Love of Mankind like as a Father pittieth his Children so the Lord pittieth them that fear him Psal 103. 13. testified by his making them a little lower than the Angels and crowning them with Glory and Honour and giving them Dominion over the works of his Hands and by putting all things under their Feet all Sheep and Oxen c. Psal 8. And indeed the whole Creation for his own Glory and the good and Solace of Mankind Did he not command Moses to carry his people in his Bosom as a Nursing Father beareth his sucking Child Num. 11. 12. Can a Woman forget her sucking Child that â—he should not have compassion on the Son of her Womb yea they may forget yet will not I forget them Isa 49. 15. If God hear but Ephraim bemoaning himself how passionately doth he expostulate with himself Is Ephraim my dear Son is he a pleasant Child For since I spake against him I do earnestly remember him still therefore my Bowels are troubled for him I will surely have mercy upon him saith the Lord Jer. 31. 20. Doth God who is Lord alone of all the Kingdoms of the Earth make known his excessive fondness of his People by such Bowels of Compassion How then dare his Vicegerents requite evil for good contrary to Gods own Commands and Practice and not seek the Good and Welfare of their People without having Hearts harder than the nether Millstone Again How shall I give thee up O Ephraim How shall I deliver thee O Israel my Heart is turned within me my Repentings are kindled together Hos 11. 9. Tho you will neither turn nor repent yet how shall I give thee up So desirous is he of his Peoples Repentance that he beseecheth them till he is weary of repenting Jer. 15. 6. even passionately with Oaths doth he expostulate with
who carefully defend and govern the Church and People of God imitating David King of Israel Psalm 101. He that worketh deceit shall not dwell within my house he that telleth lyes shall not tarry in my sight I will early destroy all the wicked of the land that I may cut off all wicked doers from the city of the Lord c. The King ought in all truth and sincerity fully and wholly to observe all the Dignities Rights and Liberties of the Kingdom and to reduce them to their Pristine condition The King also ought to do all things in his Kingdom righteously and that by the judgment of the Nobles of the Kingdom and Right and Justice ought rather to bear Rule in a Kingdom than sinful Wills and Pleasures Law is always that which doth right but Will and Pleasure is violence and force is not right And much more to the same purpose by Edward the First to whose Laws also William the Conqueror subscribed Vid. Lambert Collect p. 142. N o 17. The true Religion of God and honest Conversation even of Priests themselves is our chiefest care saith Justinian Novel constit 6. The search of true Religion we find to be the chiefest care of Imperial Majesty Legum Theodos Novel tit 2. de Judaeis Samaritanis So Gregory the Great earnestly exhorted Edelbert unto the first that was Christned of the Saxon Kings in England For this cause the Almighty God brings the good Princes to the Regiment of his People that by them he may bestow the gifts of his mercy upon all that are under them Beda hist Aug. 32. Consider in the Creation we were all created in Adam equal and equally innocent and upright and had we so continued in that state of Innocency there would have been no need of Impery one over another every one would have been a King to himself God and Nature their only Law-givers but lapsed Man sought out many Inventions and broke the Laws both of God and Nature and thereby provoked God to anger and to vengeance and instead of being homo homini Deus as in their fist Creation and state of Innocency they soon became homo homini Lupus which unavoidably introduced a necessity of Government framed by human Wisdom that they may not like Brutes devour one another but live in Unity Wealth Peace and Godliness that they might have Liberty preserved Justice equally distribute◠Honesty upheld Religion and Piety maintained and propagated all which could not be done when the Race of lapsed Mankind was multiplyed but by Laws ordained by Common Consent as sociable Parts united into one Body which Laws in common Prudence and of right do bind each to serve other and all to prefer the good of the whole before what good soever of any particular without which no House no City no Nation can long subsist in any happy condition For to govern and to be governed is not to be esteemed amongst things only necessary but as things profitable also for the benefit and sollace of all Mankind and hath its ground and warrant in Scripture in Nature in Heaven Hell the Creatures Mans nature and Conscience In Scripture by me Kings and consequently all other Forms of Government reign and Princes decree Justice By me Princes rule and Nobles even all the Judges of the earth Pro. 8. 15 16. saith Gods essential wisdom viz. not only by the secret disposition of his Providence but by the express warrant of his Ordinance by Divine Institution not by naked approbation there being no power but of God either by his commission or permission The powers that are i. e. the several Forms of Government are ordained by God Rom. 13. 1 2 3 4 5 6. i. e. politick Power in general is warranted by a Divine Law but the several Forms of Government is by the Law of Nations Princedom Empire Kingdom and Jurisdiction have their Rise from a positive and secondary Law of Nations and not absolutely from the Law of God or of pure Nature which the Lawyers call Secundariò Jus naturale or Jus gentium secundarium In sum Government is immediately from God but this or that Form of Government is immediately from God by the Interposition and Mediation of the publick consent of Kingdoms and States and so the application of the Persons to the Office is wholly in the Governed The several Forms of Government differ not in nature Morally and Theologically speaking the end of all Government being the very self same but only politically and positively For God appointed not Kings absolute and solely Independent but constituted with them also Judges who were equally obliged to judge according to the Law of God. 2. Chron. 19. 6. as Kings 17. Deut. 15. and have a co-ordinate share in the Government because the Judgment is neither the Kings nor the Judges but the Lords and both their Consciences are in immediate subjection to the King of Kings 2 Chron. 19. 6 7. The persons are sometimes Usurpers sometimes Abusers of their Authority as when they tyrannize or oppress such powers God owns not the Rulers that he ordains are not to be a Terrour unto good works but to the evil for they are the Ministers of God to the governed for good revengers to execute wrath upon them that do evil To such Rulers we must needs be subject not only for wrath but also for Conscience sake therefore whosoever resisteth such powers resisteth the ordinance of God And for this cause pay we tribute but not to those that are a terrour to good works the reason subjoyned is for they are Gods Ministers attending continually on this very thing but if they attend not continually on this very thing there is no absolute necessary Obligation expressed incumbent upon us for our Obedience or for our paying of Tribute Sute or Service but rather on the contary It is better to obey God than Man Acts 5. 29. The same Power St. Peter terms human Ordinances Submit your self to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well 1 Pet. 2. 13 14. so that S. Paul and S. Peter run parallel to one and the self same Sense and the Sword in the Magistrates Hand to revenge is not a material Sword to hack and hew kill and slay at pleasure but the Laws made by the common consent are the true Sword so Bishop Bilson to which both Magistrates and People are equally obliged to submit the Magistrates being but the Conduit and Pipe the Administrators not Patrons of the Powers for the sake of order through which and by whom all Laws are to pass and be executed and by the same Texts they have the like Obligation to praise them that do well as to punish those that do ill so David was taught and practised I will not know a wicked person mine eyes
may learn wisdom and not fall away Wisd chap. 1. ver 1 2 3 4 5 6 7 8 9. THE Right of Government AND JUSTIFICATION OF DEFENSIVE ARMS c. THough there can be nothing so exactly so accurately so cautiously written that prevaricating and searching Wits and Men of different Principles and different Interests who take and measure only by their own Plummets and their own Lines will not quarrel and throw Stones at when sound Reason and solid Arguments are wanting to refute Yet I presume to expose my Sentiments concerning Government and Governors and to run the same fortune and risk with others not vainly expecting to pass currantly without snaps and snarles laying a very short but firm Foundation as a solid Rock able to bear and justifie all the Superstructures which I shall Build thereon relating to any Form of Government whatsoever thereby avoiding multiplicity and ministring less occasion of Disputes and less Fuel to kindle the fire of Contention and less scope to pick and make Disputes and Quarrels upon I shall not particularly meddle with the several Forms of Government nor how rightly or abusively exercised in any Nation State or Kingdom but shall endeavour quantum in me to set the Right of Governors and Government on a right Foundation in general without respect to this or that Form or to this or that Nation Commonwealth or Kingdom and without particular Reflections as much as is possible unless by way of instance on any particular Kingdom or Commonwealth CHAP. I. Shews the absolute necessity of Government of what Nature it ought to be and how Governors ought to behave themselves in the Management thereof To what Governors Obedience is due I Shall First shew the absolute necessity of Friendly Assotiations and Government Secondly Of what Nature it ought to be Thirdly Who of right have the Power of Government It is a Maxime most Christian an undeniable That pure Religion and undefiled Holiness of Life and Conversation is every Man's bounden Duty in particular and is and ought to be the highest of all the Cares and Concerns of all publick and private Governors and Governments in many respects 1. In respect of gratitude towards God who hath done so great things for us Men and for the Eternal Welfare of our Immortal Souls and who giveth to all Men liberally and upbraideth not and not only for necessity but for delight also 2. In respect of his Almighty Power who is Lord alone of all the Kingdoms of the Earth and doth whatsoever he pleaseth in Heaven above and in Earth beneath and in the great Waters 3. In respect that righteousness and judgment are the habitation of his throne Psalm 97. 2. and he will judge the World with Righteousness and all Persons with his Truth and who only can give Peace within our Walls and Plentiousness within our Pallaces but that only Hypothetically on condition that our ways do please him 4. In respect of the great power Religion hath to qualifie all unnatural exorbitant humors and passions of Men even most rebellious against God or Men and to incline all Governors to Rule with Conscience and the Governed to obey for Conscience sake It is no Phanatick whim but a matter of â—ound and undeniable consequence That all Duties both of the Governors and Governed are by so much the better executed by how much they are the more Religious For it 's not possible that good Government can continue without good Governors which being most certainly true Policy must submit and be subordinate and dâ— homage to Religion This is more demonstrable in that all good Christians do own these very Truths in their very Prayers to which the several Lyturgies of several Nations give abundant undeniable Testimony Besides they have God's own Command and own Pattern for such Government and Governors viz. Hâ— that ruleth over men must be just ruling in the fear of God 2. Sam. 23. 3. Before the Israelites God's own peculiar People for whom God has done so much and shewed so many Miracles by bringing them out of the Land of Egypt by a strong Hand entred that good Land beyond Jordan he taught them by his Servant Moses Laws Statutes and Judgments to govern themselves by saying Behold I have taught you Statutes and Judgments even as the Lord my God commanded me that ye should do so in the Land whether ye go to possess it keep therefore and do them for this is your wisdom and understanding in the sight of the Nations which shall hear all these Statutes and say Surely this great Nation is a wise and understanding People For what Nation is there so great who hath God so nigh unto them as the Lord our God is in all things that we call unto him for and what Nation is there so great that hath Statutes and Judgments so righteous as all this Law which I have set before thee Only take heed to thy self and keep thy soul diligently and teach them thy Son and thy Sons Sons c. What human Oracles can contrive and dictate better Laws Statutes and Judgments than is commanded in Holy Writ And therefore greatest prudence and safety to make them their Pattern But we have not only Divine but Human Sanctions also for what is averred That great Prince Augustus was wont to say That Religion did Deifie Princes And Tully tells us That the Roman State did increase and flourish more by Religion than by any other means All the Laws of Solon and Lycurges of Greece and Rome c. come far short of the Laws of God for the most pure just and excellent Government And whoever shall consult the Antients of the very Heathens themselves as Plato Aristotle Cicero and others shall find that they all center be the Form of Government what it will in just Laws and just Execution without creating Subtilties or coyning Evasions to sham good Laws made in simplicity and in sincerity Thus by Testimony both Divine and Human Religion is the best and surest Basis of Human Society Union Peace Liberty Plenty and distributive Justice to all indifferently without respect of Persons high or low rich or poor Consider also what Edward I. hath left as a Pattern of good Government concerning the Office of a King Rex autem c. The King because he is the Vicar of the great God is ordained to this That above all he should reverence Holy Church that he should govern the Earthly Kingdom and People of God and defend them from injuries and should discountenance and dispel all lewd People out of Church and State which if he do not the name of King remains not in him But Pope John testifying he loseth the name of King to whom Pepin and Charles his Sons not yet Kings but Princes under the French King wrote foolishly complaining that if so the Kings of France ought to be content with the Name and Title of King by whom it was answered That it belongs to them to be called Kings
Bracton l. 3 c. 9. Regis potestas Juris est non Injuriae and nihil aliud potest Rex nisi id solum quod de Jure potest The Power that Kings have is to do right not to wrong the least of their Subjects The most ancient Records do evidence that they own what Power they have not to Force or Arms not to Inheritance not to Succession but unto the Grant of the People Records tell us that such Kingly Power was given by the People unto Hen. IV. and before him to Rich. II. Rot. Parl. 1. Hen. IV. N o. 108. And accordingly Kings by their Edicts Patents Commissions Diploma's do Authorize their Deputies Lieutenants and Presidents So the House of Commons granted to Rich. II. that he should enjoy such Liberties and Franchises as Kings his predecessors enjoyed before him which when he contrary to his Oath did violate and abuse to the subversion of the Laws was by the same Power deposed The same Roll testifieth that they gave like Power to Hen. IV. which Powers were plainly fiduciary and which the Parliament would not have given but that they had a right so to do neither would the King have been so injurious to Posterity as to have accepted of it from the Parliament had they had a just right to such Powers in themselves without such deligation which plainly shews Kingly Powers to be fiduciary acquired not innate nor inherent in their Persons such Powers as Generals of Armies Imperatores Bellici have deligated to Defend not to Subdue or Oppress them from whom their Power is deligated It were impar congressus great folly nay madness for Parliaments and People to chuse Kings and swear them to the observance of a Chart of Laws how great soever that they may have Power of the Militia absolutely in their own Power to play Rex with all unaccountably In summ Kings do not Govern by a meer Kingly or Divine Power but by a Politick Power the People being to be governed by the same Laws which they themselves do make and not by such Laws as Kings shall please to impose at their own will and pleasure In summ We are all born free and may make what Laws we please and commit the Administration and Execution of them to one or more as we please always observing one above the rest most Ancient and most Authentick even the Law of Nature ever to be had in greatest Veneration which directs all Laws all just Right all civil Impery not to the will pleasure and lust of Kings but to the Good of the governed CHAP. IX What was Lawful for the Jews to do for the keeping of the Law and maintaining and propagating of Religion is Lawful now for all Christians under the Gospel certainly God never Covenanted nor ordained Covenanting in vain whether for Religion or Civil Rights FROM what was Lawful for the People of the Jews to do and from what was commanded them by God to do concerning the keeping of the Law and observation of his Commands we may conclude that the same is now Lawful for Christian People of any Kingdom to do concerning the Care Practice and Defence of both Law and Gospel God having chose the People the Jews above all the Nations of the World to be his peculiar People made a Covenant with them That when they came into the Land of Promise they should be his People and he would be their God. This is expressed as in many places of Holy Writ so more especially Deut. 7. 6. 14 2. The Lord thy God hath chosen thee to be a special and peculiar People unto himself above all People that are upon the face of the Earth And the force of the Covenant was That all the People should take care that God should be purely worshipped and served of all the Tribes and that he should have a pure Church in the midst of them Deut. 27. 9. where Moses and the Priests and Levites as Ministers and as in God's stead spake unto all Israel saying Take heed and hearken O Israel this day thou art become the People of the Lord thy God thou shalt therefore obey the voice of the Lord thy God and do his Commandments and his Statutes which I command thee this day Deut. 17. 9 10. But more fully yet in Joshua who gathered all the Tribes of Israel to Sechem and said unto all the People thus saith the Lord God of Israle your Fathers c. Now therefore fear the Lord and serve him in sincerity and truth c. And the People answered We will serve the Lord for he is our God. And Joshua said unto the People ye are witnesses against your selves that you have chosen you the Lord to serve him And they said We are witnesses the Lord our God will we serve and his voice will we obey So Joshua made a Govenant with the People that day Josh 24. 2 14 18 22 24 25. and Joshua read all the words of the Law the Blessings and Cursings over against mount Gerazin and mount Ebal according as they kept or violated the Covenant There was not a word of all that Moses commanded which Joshua read not before all the Congregation of Israel with the Women and the little Ones and the Strangers that were conversant among them And all the People answered Amen Deut. 27. Which Premisses will yield this natural conclusion That this Stipulation did not oblige one single Person only but all the People of every Nation to take care that God's Laws and Covenants be kept and performed and that Idolatry Superstition c. be banished and destroyed For the same reason all the Tribes did Encamp and pitch their Tents round about the Ark where it lodged to shew that that which was recommended to the care of all should be governed and defended by all Numb 2. 2 17. Consider the practice hereof The Gibeonites having abused the Levites Concubine to death the Levites divided her into Twelve pieces and sent her into all the coasts of Israel then all the Children of Israel went out and the Congregation was gathered together as one Man in Mispeh considering that so great a sin committed in Israel ought to be expiated and punished by all to whom after the Levite had declared the wickedness they by common consent resolved to have satisfaction of Gibeah and the Benjamites which being refused they fought against them and destroyed them to which God gave incouragement and success Judg. 19. 20. Thus was the breach of the Second Table of the Law expiated on a whole Tribe which had so offended by all Israel So ought all Nations to do their utmost to revenge such Impieties We have the like Example for the breach and violation of the First Table Josh 22. When the Children of Ruben and the Children of Gad and the half Tribe of Manasseh had built an Altar by Jordan verse 10. Which when the Children of Israel gathered themselves together at Shiloh to go up to War
equal and he tries the heart verse 2 3. But what signifies this to prove that Kings are accountable to none but God for Male Government Another abused place of Scripture is Psalm 51. 4. Against thee only have I sinned and done this evil in thy sight that thou mightest be justified when thou speakest and be clear when thou judgest That Men of the same temper and complexion with Leviathan should urge places of Scripture and make false glosses upon them I wonder not at all but that the Pulpits should Chime and Ring to the same Tune I am in an amaze Do they believe themselves Or have they forgot their Pater Noster Forgive us our trespasses as we forgive them that trespass against us If one Man sin against another the Judge shall judge him but if they sin against the Lord who shall intreat for him 1 Sam. 2. 25. So 1 Cor. 8. 12. when ye sin against the Brethren to commit Murder Adultry c. and yet sin against God only happily may be good Doctrine according to the Alcoran or â—â—viathan but certainly can have no place in Scripture no not in this Psalm which is a Psalm of David's deep repentance confessing his sins to God and begging his pardon David's heart having smote him for these his sins against God and Uriah did in the bitterness and anguish of his Soul prostrate make his court to God his Judge and besought him more especially who only trieth the hearts and reins acknowledging his sins and begging his pardon who only had power of Soul and Body of Life and Death eternal and so only could acquit or punish eternally and to create in him a new heart and to renew a right spirit within him which no mortal had the like and therefore by only in this place can be meant no other but thee chiefly thee especially according to Matth. 10. Luke 12. He did not fear them which had power to kill the Body only but not able to kill the Soul but did fear him which after he had killed the Body had power to cast into hell For David had already condemned himself to death before he knew himself to be the Man mentioned in Nathan's Parable 2 Sam. 12. 5. And David's anger was greatly kindled against the Man and he said to Nathan as the Lord liveth the man that hath done this thing shall surely die Have they not read what Jonathan said to Saul Let not the King sin against his servant against David because he hath not sinned against thee 1 Sam. 19. 4. did Saul a King sin against David a private person and his Subject in seeking his innocent Blood And shall David when King covet his Neighbour Uriah 's Wife and seek the innocent Blood of Uriah himself and yet not sin against Uriah Quis discrevit Who hath made the difference who exempted him Falsest Teachers that would be esteemed Men of God Priests of the most high and yet teach Doctrines more becoming Priests of Baal Men of Belial Did not David sin against the Tenth Commandment and against his Neighbour also when he coveted his Neighbours Wife and purchased her adulterous embraces at the rate of innocent Blood may they not as well plead the like plea and justifie Ahab sinning against God only and not against Naboth when he purchased his Vineyard at the price of his innocent Blood 1 King. 21. 19. 2 King. 9. 33. 36. If David had Power to shed the innocent Blood of Uriah and debauch Bathsheba uncontrolably by Man it is either from God or not from God if it be from God it must be a Power against the Six and Seventh Commandments which God gave to David and not to any Subjects and so David lyed when he confessed it a sin which was none and consequently needed no pardon and so consequently Kings because Kings are under no Obligation of Duties of Mercy Truth Justice c. to their Subjects which is contrary to all Scripture Deut. 1. 15 20. 2 Chron. 19. 6 7. Rom. 13. 3. 4. If this Power be from God as it is unrestrainable and unquestionable by the Subject it cannot be from God at all for God cannot give a Power to do ill that is unpunishable by Men and not give that Power to do ill for in this very thing that God giveth to David a Power to kill and commit Adultery with this respect that it shall be punishable by God only and not by Men God must give it as a sinful Power to do ill i. e. a Power of Dispensation to sin and so not to be punished by either God or Man which is contrary to the whole design and purport of the Scriptures If such a Power as is not restrainable by Man be from God permissivè as in Devils and Men then it is no Regal Power nor any Ordinance of God and then to resist such Power is not to resist the Ordinance of God. For Priests to preach Kings to be Nursing-fathers of the People and to be custodes utriusque tabulae as indeed they ought to be and yet to preach that if Kings do break the Commandments yet they sin against God only and are accountable to God only is Divinity becomming only Micha's Priests that for a little better reward and hope of preferment will with gladness of heart take Ephod take Teraphim take graven Images preach any thing swallow down theft and idolatry together pervert any Text though thereby whole Nations are rob'd and despoiled of their Laws Liberties and Religion Falsest Prophets that thus flatter profaneness betraying God's truth and smothering and dissembling the strictness and purity of his ways striking at sin with the Scabboard and not with the Sword extenuating evil palliating Vice daubing with untempered Morter and by divining Lyes to seduce Kings and Princes If Kings can do no wrong to their People and are accountable to God only what made Samuel to make publick proclamation Behold here I am witness against me before the Lord and before his anointed Whose Ox have I taken or whose Ass have I taken or whom have I defrauded whom have I oppressed or of whose hand have I received any bribe to blind my Eyes therewith and I will restore it to you 1 Sam. 12. 3. So Lewis IX for his great Piety and Devotion sirnamed the Saint the French King being fully satisfied in his Conscience that Sovereigns are responsible by Laws both divine and human for all the miscarriages of themselves and of their subordinate Ministers caused to be publish'd through all his Kingdom That whoever had suffered any wrong or damage by him or by any belonging to him should make it known and he would give them satisfaction out of his own Estate which was punctually performed accordingly To me 't is a wonder and I am in an amaze how any Man can be so biassed or corrupted in Judgment except possessed with an evil Spirit as to draw such Conclusions from such Premisses Can any thing be
who violates them and not by him who was obliged only on Conditions and thereby becomes free of the Obligations not by his own Acts but by him who first broke the Conditions Therefore Supreme Magistrates becoming Tyrants by their own Perjury and breaking their Covenants do free their Subjects from their Oaths and Allegiance and not the People when they deservedly make use of their Power to curb thâ—m and to right themselves That Kings should not be obliged by Law is contrary to all the received Opinions and Sentences taken from the right of Nature by the most profound and judicious Lawyers Eos qui leges ferunt legibus quoquâ—â—btemâ—â—rare quod quisque juris in alium statuerit ipse ut codem jure utatur nihil â—â—perio magis conducere quam ex legibus vivatur dignam denique vocem esse Principem legâ—â—us â—â—se â—ubdâ—tum prâ—fitert Itaque quod alibi à Juris consultis dici videtur Principem esse supra leges aut Principem à Legibus sâ—lutum non nisi de legibus civilibus deque particulari privatorum jure est intelligendum verbi gratia de testamentis de detractione Trebellianae aut Falcidianae non autem de Jure publicâ— ad statum ut dici solet pertinentâ— mulcoque minus de jure naturali aut divino cui quum onâ—â—es singuli homines subjiciantur quatenus homines nati sunt omnino efficitur aut Reges homines non esse aut illos hoc jure teneri CHAP. VI. Principles and Tenets of some Divines and others destructives to all human Societies Kings made and chosen by the People and to them accountable His greatest Authority is in his Courts and not in his Personal Commands The People chuse their Kings and oblige them by Laws which they swear to keep MAchiavel I know and so doth the Ecclesiastical Polititian instruct Princes how they may treat Subjects not as Brethren but as â—â—asts as the basest Beasts of drudgery teaching them by subtilty and by the strength of the Militia to support their own will and to make meer Spunges of the publick Coffers with which his Writings are full fraught Leviathan or Malmsbury Hobs 's Positions or Sentiments smell rank of the same Leaven or more abominable if more abominable can be viz. That the Power of Kings cannot without his consent be transferred to another that he cannot forfeit it that he cannot be accused by any of his Subjects of injury that he cannot be censured by them that he is Judge of Doctrines that he is sole Legislator and Supreme Judge of Controversies chap. 20. p. 102. Some Pulpits also preach much after the same rate viz. That it is the Sacred Priviledge of Kings only for their offences to be exempt from all human Jurisdiction That Kings as such are above the Law That though they transgress yet they are not in the least liable to the censure of any Man no Tribunal under Heaven hath Power to take Cognizance of them or call them into Question p. 5. That they have Power to Dispence with the Laws at their Pleasure p. 7. That for Subjects to question the Actions though offensive or Authority of their Princes is inconsistent with the nature of the Kingly Office and diametrically opposite to the Liberty of the Subject p. 7 8. The Scepter being put into their hands by God Almighty alone and with that the Power he gives them is so great as that he maketh them capable of being accountable to none but God himself according to Prov. 8. 16. By me Kings reign p. 16. That Kings may alter Religion at their pleasure according to the old unalterable Maxime qualis Rex talis lex p. 25. William Clifford 's Sermon preached at Wakefield Octob. 30. 1681. Salmasius more excusably as being a stranger to our Laws dances after the same Pipe That Kings have none to judge them but God only That they are above Laws That by no Law written or unwritten natural or divine can they be made guilty of any ill by their Subjects or towards them In which Positions there is a woundy deal of wicked Policy but not one Iota of true Religion and Piety highly injurious to the Liberty and Happiness of the whole Race of Mankind for whose Happiness and Solace the whole World was created as if a few Princes and Potentates were born like Leviathan only to take their Pastimes in this World to be clothed in Purple and Scarlet to lie upon Beds of Ivory and to stretch themselves upon Couches to chant to the sound of the Vial and drink Wine in Bowles and to nourish their Hearts as in a day of Slaughter and all others to be governed with Whips and Kicks Thornes and Briers and yet we must not so much as mutter or peep against them or say What dost thou Not considering that God that made them in the Womb made these and made them all equal and that they were created out of one and the self-same Clay and redeemed by one and the same precious Blood without respect of Persons and that it was the People that differenced them by making them Kings and Queens and Princes sitting upon Thrones riding in Chariots and on Horses they and their Servants and not they the People What is this but to be brutish in Knowledge That Machiavel and Hobs should belch out such Principles I do not much wonder but that any Protestant Pulpits should Preach out such Doctrines I stand amazed To such the 21st verse of the 10th chapter of Jeremiah may justly be applied the Pastors are become brutish In populo regendo Rex habet superiorem legem per quam factus est Rex Curiam suam viz. Comites Barâ—nes Comites dicuntur quasi socii regis qui habet socium habet Magistrum ideo si Rex fuerit sine fraeno i. e. Sine lege debet ei fraenum ponere Bracton lib. 2. c. 16. â—â—â—ta l. 1. c. 17. In Government Kings have Superiors viz. the Laws by which they are made Kings and his Court of Parliament therefore if Kings are without a Bridle i. e. without the Laws they ought to have Bridles put upon them Every single Person hath his remedy by Law in the Courts of Judicature against Kings how much more just is it reasonable and necessary that if Kings injure all all should have their remedy to Bridle him It 's great simplicity to provide against petty Injuries of Kings against private Persons and yet to be lawless against common and publick injuries whereby they may destroy all without Law that by Law could not injure any single Person As for the Title of Supreme Head and Governor as it is meant of single Persons not of Courts or of the Collective body in Parliament so it is meant in Curiâ not in Camerâ in his Courts that his Majesty is Supreme Head and Governor over all Persons and in all Causes and not in his private Capacity And most truly
was Art. 42. Expl. f. 84. So God by Jeremy threatned to destroy the men of Judah and Jerusalem for that they suffered their King Manasseh to be unpunished King. 4. 21. Jer. 15. And yet the People of Israel had no declared Sovereignty over their Kings but only a tacite and implied Sovereignty by the Laws of God and Nature So when Saul would have put Jonathan his Son to death the People would not suffer him so to do but delivered Jonathan that he died not 1 Sam. 14. When David purposed the reducing of the Ark his Speech to the People was If it please you we will send to the rest of our Brethren that they may assemble themselves unto us and all the Congregation said that they would do so for the thing was right in the Eyes of all the People 1 Chron. 18. After Solomon's death all the Congregation of Israel said to Rehoboam 1 Kings 12. make thy Fathers yoak which he put upon us lighter and we will serve thee because it lay in their choice to subject or free from the Kings Power The People likewise took Jeremy when he had prophesied against them and said Thou shalt die the death Jer. 26. And afterwards reversed their Sentence upon Jeremy's declaring That the words he spoke were commanded from God. Bilson 514 517. The Duke of Saxony and the Lantzgrave answered the Emperor Forasmuch as Cesar intendeth to destroy the True Religion and our Ancient Liberties he giveth us cause enough why we may with good Conscience resist him as both by Profane and Sacred Histories may be proved The Ministers of Magdeburgh delcare how the Inferior may defend themselves against the Superior compelling him to do against the Truth and Rule of Christ's Laws The German Lawyers made evident demonstration That the free States by the Laws of the Empire might defend their Liberties against Cesar to whom they were subject with that condition so may any other Nation if their Magistrates infringe their Laws and Liberties In the Troubles of Germany Anno Dom. 1546. when the Duke of Saxony and the Lantzgrave were Prescribed or Out-lawed they remonstrated That if the Emperor had kept his Covenants they would have done their Duties but because he began first to make the breach the fault is his For since he attempts to root out Religion and subvert our Liberties he giveth us cause enough to resist him with good Conscience matters standing as they do we may resist as may be shewed both by Sacred and Prophane Stories Unjust violence is not God's Ordinance neither are we bound to him by any other reason than if he keep the Conditions on which he was created Emperor Sleid. 18. p. 212 213. So the Magistrates and Ministers of Magdeburgh declared That if our Religion and Liberties left us by our Fore-fathers be preserved we refuse no kind of Duty that ought to be yielded unto Cesar or the Empire Now by the Laws themselves it is provided that the Inferior Magistrates shall not infringe the right of the Superior and so likewise if the Magistrate exceed the limits of his Power and command that which is wicked we need not only not obey him but if he offer force we may resist him Lib. 22. p. 266. Anno 1550. If a Prince should go about to subject his Kingdom to a Foreign Realm or change the form of a Commonwealth from Impery to Tyranny or neglect the Laws established by common consent of Prince and People to execute his own pleasure In these and other cases which might be named if the Nobles and Commons join together to defend their Ancient and Accustomed Liberties Regiment and Laws they may not well be accounted Rebels modestly expressed Bils 520. The People may preserve the Foundation Freedom and Form of their Common-wealth which they fore prized when they first consented to have a King the Law of God giveth no Man leave to resist his Prince But Kingdoms and Commonwealths may proportion their States as they think best by their publick Laws which afterwards the Princes themselves may not violate By Superior Powers ordained by God we understand not only Princes but all Politick States and Regiments some where the People some where the Nobles having the same Interest to the Sword that Princes have in their Kingdoms and in Kingdoms where Princes beat Rule By the Sword we do not mean the Prince's private will against his Laws but his Precepts derived from his Laws and agreeing with his Laws which though it be wicked yet may it not be resisted of any Subject with armed violence Many when Princes offer their Subjects not Justice but Force and despise all Laws to practice their Lusts not every nor any private Man may take the Sword to redress the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing right and withhold him from doing wrong then be they licensed by Man's Law and so not prohibited by God to interpose themselves for the safeguard of Equity and Innocency and by all lawful and needful means to procure the Prince to be reformed 520 521. Bishop Bedel a Reverend worthy Divine in his Answer to Mr. Wadâ—sworth to satisfie him quo Jure the Protestant Wars in France and Holland are justified saith That the Law of Nature doth not only allow but inforce every living thing to defend it self from violence Then the Law of Nations permitteth those that are in the protection of others to whom they owe no more than an honourable Acknowledgment in case they go about to make themselves absolute Sovereigns and usurp their Liberty to stand for the same And if a lawful Prince which is not yet Lord of his Subjects Lives and Goods shall attempt to despoil them of the same under colour of reducing them to his own Religion after all humble Remonstrances they may stand upon their own Guard and being assailed may repel Force with Force as did the Maccabees under Antiochus In which case notwithstanding the Person of the Prince himself ought always to be Sacred and Inviolable as was Saul to David And lastly if the inraged Minister of a Lawful Prince will abuse his Authority against the Fundamental Laws of the Country it is no Rebellion to defend themselves reserving still their Obedience to their Sovereign inviolate I mention these Two Bishops only as being above all exceptions against whom no just objection can be made either for Learning Piety Loyalty or right Church of England Men. Which considerations I presume kept them from being burnt in July 1683. Which Act surprized not a few sober Loyal Men because if the learned Men of all the Reformed Church of Europe be consulted they will be found Asserters of the like Principles Alas to sacrifice so many Worthy Learned Pious Mens Judgments to Fire and Fagot unheard unrefuted as it is not for their honour so it is no more convincing nor confuting than that Doctors Argument who would confute Bellarmine in