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<DATE>2012-03-09</DATE>
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<NAME>Louis Goldberg</NAME>
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<DIV1 TYPE="title page">
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<P><HI>Vindiciae contra Tyrannos:</HI> A Defence of Liberty again&s;t Tyrants.</P>
<P>OR, Of the lawfull power of the Prince over <HI>the people, and of the people over the Prince.</HI></P>
<P>BEING A Treati&s;e written in Latin and French by <HI>Junius Brutus,</HI> and tran&s;lated out of both into ENGLISH.</P>
<LIST>
<HEAD>Que&s;tions di&s;cu&s;&s;ed in this Treati&s;e.</HEAD>
<ITEM><HI>I. Whether Subjects are bound, and ought to obey Princes, if they com|mand that which is again&s;t the Law of God.</HI></ITEM>
<ITEM><HI>II. Whether it be lawfull to re&s;i&s;t a Prince which doth infringe the Law of God, or ruine the Church, by whom, how, and how farre it is law|full.</HI></ITEM>
<ITEM><HI>III. Whether it be lawfull to re&s;i&s;t a Prince which doth oppre&s;&s;e or ruine a publique State, and how farre &s;uch re&s;i&s;tance may be extended, by whom, how, and by what right, or law it is permitted.</HI></ITEM>
<ITEM><HI>IV. Whether neighbour Princes or States may be, or are bound by Law, to give &s;uccours to the Subjects of other Princes, afflicted for the cau&s;e of true Religion, or oppre&s;&s;ed by manife&s;t tyranny.</HI></ITEM>
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<P><HI>LONDON,</HI> Printed by <HI>Matthew Simmons,</HI> and <HI>Robert Ibbit&s;on,</HI> in Smithfield, neer the Queens-head Tavern. 1648.</P>
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<DIV1 TYPE="dedication">
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<HEAD>THE Emperors, Theodo&s;ias <HI>and</HI> Valentinian TO <HI>VOL&V;SIAN&V;S,</HI> Great Provo&s;t of the Empire.</HEAD>
<P><HI>_IT is a thing well-becomming the Maje&s;ty of an Emper|our, to acknowledge him&s;elf bound to obey the Laws. Our authority depending on the authority of the Laws, and in very deed to &s;ubmit the principallity to Law, is a greater thing then to beare rule. We therfore make it known unto all men, by the Declaration of this our Edict, that Wee doe not allow Our &s;elves, or repute it lawfull to doe any thing contrary to this.</HI></P>
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<P>Ju&s;tine <HI>in the &s;econd Book, &s;peaks thus of</HI> Lycargns, <HI>Law-giver to the</HI> Lacede|monians, <HI>He gave Laws to the</HI> Spartans <HI>which had not any: and was as much re|nowned for his diligent ob&s;erving of them him&s;elf, as for his di&s;creet Inventing of them: For he made no Laws for others, to the obedience whereof he did not fir&s;t &s;ubmit him&s;elf. Fa&s;hioning the people to obey wil|lingly, and the Prince to Govern uprightly.</HI></P>
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<DIV1 TYPE="treatise">
<PB N="1" REF="3">
<DIV2 N="1" TYPE="section">
<HEAD>The fir&s;t Que&s;tion. <HI>Whether Subjects are bound and ought to obey Printes, if they command that which is again&s;t the Law of God.</HI></HEAD>
<P>THIS que&s;tion happily may &s;eeme at the fir&s;t view to be altogether &s;uperfluous and unprofitable, for that it &s;eems to make a doubt, of an axiome allways held in|fallible among&s;t Chri&s;tians, confirmed by many te&s;ti|monies in Holy Scripture, divers examples of the hi&s;tories of all ages, and by the death of all the Holy Martyrs, for it may be well demanded wherefore Chri&s;tians have endured &s;o many afflictions, but that they were alwayes per&s;waded, that God mu&s;t be obeyed &s;imply, and ab&s;olutly, and Kings with this ex|ception that they command not that which is repugnant to the law of God. Otherways wherfore &s;hould the Apo&s;tles have an&s;wered, that God mu&s;t rather be obeyed than men, and al&s;o <NOTE PLACE="marg">Act. 4. 19.</NOTE> &s;eeing that the only wil of God is always ju&s;t, and that of men may be, and is, oftentimes unju&s;t, who can doubt but that we mu&s;t always obey Gods commandements without any excep|tion, and mens ever with limitation. But for &s;o much as there are many Princes in the&s;e days, calling them&s;elves Chri&s;tians, which arrogantly a&s;&s;umes an unlimited power, over which God him&s;elfe hath no command, and that they have no want of flatterers, which adore them as Gods upon earth, many o|thers al&s;o, which for feare, or by con&s;traint, either &s;eem, or el&s;e do beleeve, that Princes ought to be obeyed in all things, and by all men. And withall, &s;eeing the unhappines of the&s;e times is &s;uch, that there is nothing &s;o firme, certain, or pure, which is not &s;haken, di&s;graced, or polluted; I feare me that who&s;oever &s;hall neerly, and throughly con&s;ider the&s;e things, will confe&s;&s;e this que&s;tion to be not only mo&s;t profitable, but al&s;o, the times con&s;idered, mo&s;t nece&s;&s;ary. For my owne part when I con&s;ider the cau&s;e of the many calamities, wherewith Chri&s;tendome hath been afflicted, for the&s;e late yeares, I cannot but remem|ber that of the Prophet <HI>Ho&s;ea, The Princes of Judah were like them</HI> <NOTE PLACE="marg">Ho&s;. 5. 10. 11.</NOTE> <HI>that remove the bounds: wherefore I will power out my &s;elf like water. E|phraim is oppre&s;&s;ed, and broken in judgement, becau&s;e he willingly walked after the Commandement.</HI> Here you &s;ee the &s;in of the Princes, and people di&s;per&s;ed in the&s;e two words. <GAP DESC="illegible" EXTENT="2 words"> The Princes exceed their bounds, not contenting them&s;elves with that authority which the Almighty, and all good God hath given them, but &s;eeke to u&s;urpe that &s;overeignty, which he
<PB N="2" REF="4"> hath re&s;erved to him&s;elfe over all men, being not content to command the bodys, and goods of their Subjects at their plea|&s;ure, but a&s;&s;ume licence to them&s;elves to inforce the Con&s;ci|ences, which appertaines chiefly to Je&s;us Chri&s;t, holding the earth not great enough for their ambition, they will climbe and conquor heaven it &s;elfe. The people on the other &s;ide walkes after the commandement, when they yeeld to the de&s;ire of Princes, who command them that which is again&s;t the law of God, and as it were burn incen&s;e to, and adore the&s;e earthy Gods; and in&s;tead of re&s;i&s;ting them, if they have means and oc|ca&s;ion; &s;uffer them to u&s;urp the place of God, making no con|&s;cience to give that to <HI>Cae&s;ar,</HI> which belongs properly and only to God. Now is there any man that &s;ees not this, if a man di&s;|obey a Prince commanding that which is wicked and unlaw|full, hee &s;hall pre&s;ently bee e&s;teemed a Rebell, a Traytor, and guilty of High Trea&s;on, our Saviour Chri&s;t, the Apo&s;tles and all the Chri&s;tians of the Primitive Church were charged with the&s;e Calumnies. If any after the example of <HI>Ezra,</HI> and <HI>Nehe|miah,</HI> di&s;po&s;e him&s;elfe to the building of the Temple of the <NOTE PLACE="marg">Ezra. 4. Nehe. 5 7.</NOTE> Lord, It wil be &s;aid he a&s;pires to the Crowne, hatches inno|vations, and &s;eeks the ruine of the State, then you &s;hall pre|&s;ently &s;ee a million of the&s;e Minnious, and flatterers of Princes tickling their eares with an opinion, that if they once &s;uffer this Temple to be re-builded, they may bid their Kingdome farewell, and never look to rai&s;e impo&s;t or taxes on the&s;e men. But what a madne&s;&s;e is this? There are no e&s;tates which ought to be e&s;teemed firme and &s;table, but tho&s;e, in whom the Tem|ple of God is built, and which are indeed the Temple it &s;elfe, and the&s;e we may truly call Kings, which reigne with God, &s;eeing that it is by him only that Kings reign: On the contra|ry what bea&s;tly fooli&s;hne&s;&s;e is it to think, that the State and Kingdome cannot &s;ub&s;i&s;t if God Almighty be not excluded, and his Temple demoli&s;hed. From hence proceeds &s;o many Tyrannous enterpri&s;es, unhappy and tragick death of Kings, and ruines of people. If the&s;e Sicophants knew what difference there is between <HI>God</HI> and <HI>Cae&s;ar,</HI> between the King of Kings, and a &s;imple King, between the Lord, and the Va&s;&s;al, and what tributs this Lord requires of his Subjects, and what authority he gives to Kings over tho&s;e his Subjects, certainly &s;o many Princes would not &s;trive to trouble the Kingdome of God, and we &s;hould not &s;ee &s;ome of them precipitated from their
<PB N="3" REF="4"> Throns by the ju&s;t in&s;tigation of the Almighty, revenging him|&s;elfe of them, in the mid&s;t of their greate&s;t &s;trength, and the peo|ple &s;hould not be &s;o &s;ack't and pillag'd, and troden down.</P>
<P>It then belongs to Princes to know how farre they may extend their authority, and to &s;ubjects in what they may obey them, le&s;t the one incroaching on that juri&s;diction, which no way belongs to them, and the others obeying him which commandeth further then he ought, they be both cha&s;ti&s;ed, when they &s;hall give an account thereof before another Judge: Now the end and &s;cope of the que&s;tion propounded, whereof the Holy Scripture &s;hall principally give the re&s;olution, is that which followeth. The que&s;tion is, if &s;ubjects be bound to obey Kings, in ca&s;e they command that which is again&s;t the Law of God: that is to &s;ay, to which of the two (God or the King) mu&s;t we rather obey, when the que&s;tion &s;hall be re&s;olved concerning the King, to whom is attributed ab&s;olute power, that concerning other Magi&s;trates &s;hall be al&s;o determined.</P>
<P>Fir&s;t, the Holy Scripture doth teach, that God reignes by his owne proper authority, and Kings by derivation, God from him|&s;elfe, Kings from God, that God hath a juri&s;diction proper, Kings <NOTE PLACE="marg">Prov. 8. Iob 12. Wi&s;d. 6. 3.</NOTE> are his delegates: It followes then, that the juri&s;diction of God hath no limits, that of Kings bounded, that the power of God is infinit, that of Kings confin'd, that the Kingdom of God extends it &s;elfe to all places, that of Kings is re&s;train'd within the confines of certaine countries: In like manner God hath created of no|thing both heaven, and earth; wherefore by good right he is Lord, and true Proprietorie, both of the one, and the other: All the In|habitants of the earth hold of him that which they have, and are but his tenants, and farmers; all the Princes and Governors of the world are his &s;tipendaries, and va&s;&s;als, and are bound to take and acknowledge their inve&s;titures from him. Briefly, God alone is the owner and Lord, and all men of what degree, or quality &s;oe|ver they be, are his &s;ervants, farmers, officers, and va&s;&s;als, and owe account, and acknowledgement to him, according to that which he hath committed to their di&s;pen&s;ation, the higher their place is, the greater their account mu&s;t be, and according to the ranks whereunto God hath rai&s;'d them, mu&s;t they make their rec|koning before his divine Maje&s;ty, which the Holy Scripture teach|eth in infinit places, and all the faithfull, yea, and the wi&s;e&s;t among&s;t the Heathen have ever acknowledged: The earth is the Lords, and the fulne&s;&s;e thereof, (&s;o &s;aith King <HI>David)</HI> And to the end that <NOTE PLACE="marg">P&s;al. 24.</NOTE> men &s;hould not &s;acrifice to their owne indu&s;try; the earth yeelds
<PB REF="5"> no increa&s;e without the dew of heaven: Wherefore God com|manded that his people &s;hould offer unto him the fir&s;t of their fruits, and the Heathens them&s;elves have con&s;ecrated the &s;ame un|to their gods; to the end, that God might be acknowledged Lord, and they his grangers and vine dre&s;&s;ers; the heaven is the Throne <NOTE PLACE="marg">I&s;ay 66. 1. 1 Kings 1. 8</NOTE> of the Lord, and the earth his foot-&s;toole. And therefore &s;eeing all the Kings of the world are under his feet; it is no marvail, if God be called the King of kings, and Lord of lords; all Kings be ter|med his Mini&s;ters e&s;tabli&s;hed to judge rightly, and govern ju&s;tly <NOTE PLACE="marg">Prov. 8. 15</NOTE> the world in the quality of Livetenants. By me (&s;o &s;aith the di|vine Wi&s;dom) Kings reigne, and the Princes judge the earth: If <NOTE PLACE="marg">Job 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. 18.</NOTE> they doe it not he loo&s;eth the bonds of Kings, and girdeth their loyns with a girdle. As if he &s;hould &s;ay, it is in my power to e&s;ta|bli&s;h <NOTE PLACE="marg">Dan. 2. 21.</NOTE> Kings in their Thrones, or to thru&s;t them out, and from that occa&s;ion the Throne of Kings is called the Throre of God. Ble&s;&s;ed be the Lord thy God (&s;aith the Queen of <HI>Sheba)</HI> to King <HI>Solomon)</HI> <NOTE PLACE="marg">2 Chron. 9. 8.</NOTE> which delighted in thee to &s;et thee on his Throne to be King for the Lord thy God, to doe judgement and ju&s;tice. In like manner we reade in another place, that <HI>Solomon</HI> &s;ate on the Throne of the <NOTE PLACE="marg">2 Chron. 2<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">3. 1 Sam. 9. 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. and 10. 1.</NOTE> Lord, or on the Throne of the Lords Kingdome. By the &s;ame rea|&s;on the people is alwayes called the Lords people, and the Lords inheritance, and the Kings Governor of this inheritance, and Con|ductor or Leader of his people of God, which is the title given to <HI>David,</HI> to <HI>Solomon,</HI> to <HI>Ezechias,</HI> and to other good Princes; <NOTE PLACE="marg">2 Sam. 6. 21. 2 Kings <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">0. 5. 2 Chron. 1 9. 2 King. 11. 2 Chron. 33. 16. 2 Chron. 20. 6.</NOTE> when al&s;o the Covenant is pa&s;&s;ed betwixt God and the King, it is upon condition that the people be, and remaine alwayes the peo|ple of God, to &s;hew that God will not in any ca&s;e de&s;poyle him|&s;elfe of his propriety, and po&s;&s;e&s;&s;ion, when he gives to Kings the government of the people, but e&s;tabli&s;h them to take charge of, and well u&s;e them, no more nor le&s;&s;e then he which makes choy&s;e of a Shepheard to looke to his flocks, remains notwith&s;tanding him&s;elfe &s;till Ma&s;ter and owner of them. This was alwayes knowne to tho&s;e good Kings, <HI>David, Solomon, Jeho&s;aphat,</HI> and o|thers which acknowledged God to bee the Lord of their King|domes and nations, and yet lo&s;t no priviledge that ju&s;tly belongs to reall power; yea, they reigned much more happily in that they employed them&s;elves cheerfully in the &s;ervice of God, and in obe|dience to his Commandements. <HI>Nebuchadnezer,</HI> although hee were a Heathen, and a mighty Emperour, did yet at the end ac|knowledge <NOTE PLACE="marg">Dan 2. 3<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. and 4. 14.</NOTE> this, for though <HI>Daniel</HI> called him the King of Kings, to whom thee King of Heaven had granted power and Royall Maje&s;ty above all others: Yet on the contrary, (&s;aid hee)
<PB N="5" REF="5"> <HI>Thy God O Daniel is truly the God of Gods, and Lord of Lords giving Kingdomes to whom he plea&s;eth,</HI> yea, to the mo&s;t wretched of the world. For which cau&s;e <HI>Zenephon</HI> &s;aid at the Coronation of <HI>Cyrus;</HI> let us &s;acrifice to God. And prophane Writers in ma|ny places doe magnifie God the mo&s;t mighty and Sovereigne King. At this day at the Inaugurating of Kings, and Chri&s;t|ian Princes, they are called the &s;ervants of God, de&s;tinated to governe his people. Seeing then that Kings are only the Leiu|tenants of God, e&s;tabli&s;hed in the Throne of God, by the Lord God him&s;elfe, and the people are the people of God, and that the honour which is done to the&s;e Leiutenants pro|ceeds from the reverence which is borne to tho&s;e, that &s;ent them to this &s;ervice: it followes of nece&s;&s;ity that Kings mu&s;t bee obeyed for Gods cau&s;e, and not again&s;t God, and then, when they &s;erve and obey God, and not otherwayes. It may be <NOTE PLACE="marg">Divi&s;um imperi|um cum Jove Cae|&s;ar habet.</NOTE> that the flatterers of the Court wil reply, that God hath re&s;ign|ed, his power unto Kings, re&s;erving Heaven for him&s;elfe, and al|lowing the Earth to them to reign, and govern there accord|ing to their owne phancies; briefly that the great ones of the World hold a devided Empire with God him&s;elfe. Behold a di&s;cour&s;e proper enough for that impudent Villaine <HI>Cleon</HI> the Sicophant of <HI>Alexander,</HI> or for the poet Martiall which was not a&s;hamed to call the Edicts of <HI>Domitian,</HI> the Ordinances of the Lord God. This di&s;cour&s;e I &s;ay is worthy of that execrable <HI>Domitian</HI> who (as <HI>Suetonius</HI> recites) would be called God and Lord: But altogether unworthy of the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ares of a Chri&s;tian-Prince, and of the mouth of good Subjects, that &s;entence of God almighty mu&s;t always remaine irrevocably true, <HI>I will not give my glory to any other,</HI> that is, no man &s;hall have &s;uch ab&s;olute <NOTE PLACE="marg">I&s;a. 48. 11.</NOTE> authority, but I will alwayes remaine &s;overeigne. God doth not at any time di&s;ve&s;t him&s;elfe of his power, he holds a Scep|ter in one hand to repre&s;&s;e and quell the audatious boldne&s;&s;e of tho&s;e Princes which mutiny again&s;t him, and in the other a ballance to controle tho&s;e that admini&s;ter not ju&s;tice wi<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">h e|quity as they ought, then the&s;e, there cannot be expre&s;&s;ed more <NOTE PLACE="marg">p&s;a. 2. 9. Wi&s;d. 6, 4.</NOTE> certaine markes of &s;overeigne command. And if the Emperor in creating a King, re&s;erves alwayes to him&s;elfe the imperiall &s;overaignty, or a King as he of <HI>France</HI> in granting the govern|ment or po&s;&s;e&s;&s;ion of a Province to a &s;tranger, or if it be to his Brother or Son re&s;erves always to him&s;elfe appeales, and the
<PB N="6" REF="6"> knowledg of &s;uch things as are the marks of royalty and &s;ove|reignty, the which al&s;o are always under&s;tood of them&s;elves to be excepted, although they wer altogether omitted in the grant of inve&s;titure, and fealty promi&s;ed, with much more rea&s;on &s;hould God have &s;overeign power and command over al Kings being his &s;ervants and Officers, &s;eeing wee reade, in &s;o many places of Scripture, that he will call them to an account, and puni&s;h them, if they doe not faithfully di&s;charge their duties. Then therefore all Kings are the Va&s;&s;als of the King of Kings, inve&s;ted into their Office by the &s;word, which is the cogni|&s;ance of their royall authority, to the end, that with the &s;word they maintaine the Law of God, defend the good, and pu|ni&s;h the evill: Even as we commonly &s;ee, that he which is a &s;overeigne Lord, puts his Va&s;&s;als into po&s;&s;e&s;&s;ion of their fee, by girding them with a &s;word, delivering them a buckler, and a &s;tandard, with condition that they &s;hall fight for them with tho&s;e armes if occa&s;ion &s;hall &s;erve. Now if we con&s;ider what is the duty of Va&s;&s;alls, we &s;hall find that what may be &s;aid of them, agrees properly to Kings. The Va&s;&s;all receives his fee of his Lord with right of ju&s;tice, and charge to &s;erve him in <NOTE PLACE="marg">1 Sam. 8. and 9 20.</NOTE> his warres. The King is e&s;tabli&s;hed by the Lord God, the King of Kings; to the end he &s;hould admini&s;ter ju&s;tice to his people and defend them again&s;t all their enemies. The Va&s;&s;all re|ceives law and conditions from his Sovereigne: God com|mands the King to ob&s;erve his laws and to have them always before his eyes, promi&s;ing that he and his &s;ucce&s;&s;ors &s;hall po&s;|&s;e&s;&s;e long the Kingdom, if they be obedient, and on the contra|ry, rebellious to their Sovereigne King. The Va&s;&s;all obligeth that their reigne &s;hall be of &s;mall continuance, if they prove him&s;elfe by Oath unto his Lord, and &s;weares that he will be faithfull, and obedient: In like manner the King promi&s;eth &s;olemnly to command, according to the expre&s;&s;e Law of God. <NOTE PLACE="marg">Deu. 17. 19.</NOTE> Briefly the Va&s;&s;all loo&s;eth his fee, if he commit fellony, and by law forfeiteth all his priviledges: In the like ca&s;e the King loo&s;eth his Right, and many times his Realme al&s;o, if he di&s;|pi&s;e God, if he complot with his enemies, and if he commit fellony again&s;t that Royall Maje&s;ty, this will appeare more clearely by the con&s;ideration of the Covenant which is con|tracted between God and the King, for God does that honour
<PB N="7" REF="6"> to his &s;ervants to call them his confederats. Now we reade of two &s;orts of Covenants at the Inaugurating of Kings, the fir&s;t betweene God, the King, and the People, that the people might be the people of God: The &s;econd between the King and the people, that the people &s;hall obey faithfully, and the King command ju&s;tly, we will treat hereafter of the &s;econd, and now &s;peak of the fir&s;t:</P>
<P>When King <HI>Joas</HI> was crowned we read that a Covenant was contracted between God, the King, and the People: or, as it is <NOTE PLACE="marg">The Alli|ance be|tween God and the Kings. 2 King. 11. 2 Chro. 23. 16. 2 king. 23.</NOTE> &s;aid in another place between <HI>Jehojada</HI> the High-Prie&s;t, all the People, and the King, <HI>That God &s;hould bee their Lord.</HI> In like|manner we read that <HI>Jo&s;ias</HI> and all the people entred into Co|venants with the Lord: we may gather from the&s;e te&s;timo|nies, that in pa&s;&s;ing the&s;e Covenants the High-Prie&s;t did Co|venant in the name of God in expre&s;&s;e termes, that the King and the people &s;hould take order that God might be &s;erved purely, and according to his will, throughout the whole Kingdome of <HI>Juda,</HI> that the King &s;hould &s;o reigne that the people were &s;uffered to &s;erve God, and held in obedience to his law: That the people &s;hould &s;o obey the King, as their obedience &s;hould have principall relation to God. It appeares by this that the King &amp; the people are joyntly bound by pro|mi&s;e and did obleige them&s;elves by &s;olemn Oath to &s;erve God before al things. And indeed pre&s;ently after they had &s;worn the Covenant, <HI>Jo&s;ias</HI> and <HI>Joas</HI> did ruine the Idolatry of <HI>Baal</HI> and re-e&s;tabli&s;hed the pure &s;ervice of God. The principall poynts of the Covenants were cheifly the&s;e.</P>
<P>That the King him&s;elfe, and all the people &s;hould be care|full to honour and &s;erve God according to his will revealed in his word, which if they performed, God would a&s;&s;i&s;t and pre&s;erve their e&s;tates: as in doing the contrary, he would a|bandon, and exterminate them, which doth plainly appeare <NOTE PLACE="marg">Deut. 29. 30. 31. Deut. 31. 26.</NOTE> by the conferring of divers pa&s;&s;ages of holy writ. <HI>Mo&s;es</HI> &s;ome|what before his death propounds the&s;e conditions of Cove|nant to all the people, and at the &s;ame time commands that the Law, which be tho&s;e precepts given by the Lord &s;hould be in <HI>depo&s;ito</HI> kept in the Arke of the Covenant. After the decea&s;e <NOTE PLACE="marg">Jo&s;h. 1.</NOTE> of <HI>Mo&s;es, Jo&s;hua</HI> was e&s;tabli&s;hed Captaine, and Conductor of the people of God, and according as the Lord him&s;elfe admoni&s;hed, if hee would have happy &s;ucce&s;&s;e in his af|faires,
<PB N="8" REF="7"> he &s;hould not in any &s;ort e&s;trange him&s;elfe from the <NOTE PLACE="marg">Deut. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">7. 2<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. Jo&s;. 5. &amp; 24.</NOTE> Law: <HI>Jo&s;hua</HI> al&s;o for his part, de&s;iring to make the <HI>I&s;raelites</HI> under&s;tand upon what condition God had given them the Country of <HI>Canaan,</HI> as &s;oon as they were entred into it, after due &s;acrifices performed, he read the Law in the pre&s;ence of all the people, promi&s;ing unto them in the Lords name all good things if they per&s;i&s;ted in obedience; and threatning of all e|vill if they wilfully connived in di&s;obedience. Sommarily, he a&s;&s;ures them all pro&s;perity, if they ob&s;erved the Law; as o|therways, he expre&s;ly declared, that in doing the contrary they &s;hould bee utterly ruined: Al&s;o at all &s;uch times as they left the &s;ervice of God, they were delivered into the hands of the <HI>Canaanites,</HI> and reduced in to &s;lavery, under their Tyranny. Now this Covenant between God and the people in the times of the Judges, had vigor al&s;o in the times of the Kings, and was treated with them. After that <HI>Saul</HI> had been anoynted, cho&s;en, and wholly e&s;tabli&s;hed King, <HI>Samuel</HI> &s;peakes unto the people in the&s;e termes; <HI>Behold the King whom you have demanded</HI> <NOTE PLACE="marg">2 Sam. 12.</NOTE> <HI>and cho&s;en, God hath e&s;tabli&s;hed him King over you, obey you therefore and &s;erve the Lord, as well you, as your King which is e&s;tabli&s;hed over you, otherwi&s;e you and your King &s;hall peri&s;h.</HI> As if hee &s;hould &s;ay, you would have a King and God hath given you this here, notwith&s;tanding thinke not that God will &s;uf|fer any encroachment upon his right, but know that the King is as well bound to ob&s;erve the Law as you, and if he faile therein, his delinquency &s;hall be puni&s;hed as &s;everely as yours: Briefly, accor|ding to your de&s;ires <HI>Saul</HI> is given you for your King, to lead you in the wars, but with this condition annexed, that he him&s;elf follow the Law of God. After that <HI>Saul</HI> was rejected, becau&s;e he kept not <NOTE PLACE="marg">2 king. 2. 4. &amp; 6. 12.</NOTE> his promi&s;e, <HI>David</HI> was e&s;tabli&s;hed King on the &s;ame condition, &s;o al&s;o was his Son <HI>Solomon,</HI> for the Lord &s;aid, <HI>If thou keep my Law, I will confirm with thee the Covenant which I contracted with David.</HI> Now concerning this Covenant, it is in&s;erted into the &s;econd book of the Chronicles, as followeth. <HI>There &s;hall not faile there a man in my &s;ight, to &s;it upon the Throne of I&s;rael: yet &s;o that thy children take heed</HI> <NOTE PLACE="marg">2 Chron. 6. 16. &amp; 7. 17. 2 king. 33. 2. Deut 17. 18 1 Sam. 10. 25.</NOTE> <HI>to their way to walk in my Law, as thou ha&s;t walked before me. But if they &s;erve Idols, I will drive them from the Land whereof I have given them po&s;&s;e&s;&s;ion.</HI> And therefore it was that the book of the Law was called the book of the Covenant of the Lord, (who commanded the Prie&s;ts to give it the King) according to which <HI>Samuel</HI> put it
<PB N="9" REF="7"> into the hands of <HI>Saul,</HI> and according to the tenure thereof <HI>Jo&s;ias</HI> yeelds him&s;elf <HI>&s;oedetarie</HI> and va&s;&s;al of the Lord. Al&s;o the Law which is kept in the Ark, is called the Covenant of the Lord with the chil|dren of I&s;rael. Finally, the people delivered from the captivity of <HI>Babylon,</HI> doe renew the Covenant with God, and do acknowledge <NOTE PLACE="marg">2 Chron. 6 11. Nehem. 9 38.</NOTE> throughout that Chapter, that they worthily de&s;erved all tho&s;e pu|ni&s;hments for their fal&s;ifying their promi&s;e to God. It appears then that the Kings &s;wear as va&s;&s;als to ob&s;erve the Law of God, whom they confe&s;&s;e to be Sovereign Lord over all, Now accord|ing to that which we have already touched, if they violate their Oath, and tran&s;gre&s;&s;e the law, we &s;ay that they have lo&s;t their king|dome, as va&s;&s;alls loo&s;e their fee by committing fellony. We have &s;aid that there was the &s;ame covenant between God and the Kings of <HI>Judah,</HI> as before, between God and the people in the times of <NOTE PLACE="marg">Jud. 2. 24 &amp; 4. 2. &amp;c. &amp; 9. 33. 1 Sam. 13. 13. &amp; 15. 26.</NOTE> <HI>Jo&s;hua</HI> and the Judges. But we &s;ee in many places, that when the people hath de&s;pi&s;ed the Law, or made covenants with <HI>Baal,</HI> God hath delivered them into the hands of <HI>Eglon, Jabin,</HI> and other Kings of the <HI>Canaanites:</HI> And as it is one and the &s;ame Covenant, &s;o tho&s;e which do break it, receive like puni&s;hment. <HI>Saul</HI> is &s;o auda|cious to &s;acrifice, infringing thereby the Law of God, and pre&s;ent|ly after &s;aves the life of <HI>Agag,</HI> King of the <HI>Amalekites,</HI> again&s;t the expre&s;&s;e Commandement of God, for this occa&s;ion he is called Re|bell by <HI>Samuel,</HI> and finally is cha&s;tized for his Rebellion. <HI>Thou ha&s;t &s;acrificed,</HI> &s;aith he, <HI>but thou hadst done better to obey God, for, obedience is more worthy than &s;acrifice.</HI> Thou ha&s;t neglected the Lord thy God, he al&s;o hath rejected thee, that thou Reign no more over <HI>I&s;ra|el.</HI> This hath been &s;o certainly ob&s;erved by the Lord, that the very children of <HI>Saul</HI> were deprived of their paternall inheritance, for that he having committed high Trea&s;on, did thereby incurre the puni&s;hment of Tirants, which affect a Kingdom that no way ap|pertains unto them. And not only the Kings, but al&s;o their chil|dren and &s;ucce&s;&s;ors have been deprived of the Kingdome by rea&s;on of &s;uch fellony. <HI>Solomon</HI> revolted from God to wor&s;hip Idols. In|continently the Prophet <HI>Abijah</HI> foretels that the Kingdome &s;hall be divided under his Son <HI>Rehoboam.</HI> Finally, the word of the Lord is accompli&s;hed, and ten Tribes which made the greate&s;t portion of the Kingdome, doe quit <HI>Rehoboam,</HI> and adhere to <HI>Jeroboam</HI> his &s;ervant. Wherefore is this? for &s;o much (&s;aith the Lord) that they have left me to goe after <HI>A&s;toroche,</HI> the God of the Sidoniens and <HI>Chamos</HI> the God of the <HI>Moabites, &amp;c.</HI> I will al&s;o break in
<PB N="10" REF="8"> peeces their Kingdome: as if he &s;hould &s;ay, they have vio|lated the Covenant, and have not kept promi&s;e, I am no more then tied unto them, they will le&s;&s;en my maje&s;ty, and I will le&s;&s;en their Kingdome: Although they be my &s;ervants, yet notwith&s;tanding they will expel me my Kingdome; but I will drive them out them&s;elves by <HI>Jeroboham</HI> which is their &s;ervant. Furthermore, for &s;o much as this &s;ervant, fearing that the ten tribes for the cau&s;e of Religion &s;hould returne to <HI>Jeru&s;alem,</HI> &s;et up Calves in <HI>Bethel,</HI> and made <HI>I&s;rael</HI> to &s;in, withdrawing by this meanes the people far from God, what was the puni&s;hment of &s;o ingratfull a Va&s;&s;all and wicked Traytor towards his Lord? Fir&s;t, his &s;on died, and in the end all his race, even unto the la&s;t of the males was taken from the face of the earth by the &s;word of <HI>Baa&s;a,</HI> according to the judgement which was pronounced a|gain&s;t him by the Prophet, becau&s;e he revolted from the obedi|ence of the Lord God: this then is cau&s;e &s;ufficient, &amp; often times al&s;o propounded, for the which God doth take from the King his fee, when he oppo&s;eth the Law of God, &amp; withdraws him|&s;elfe from him to follow his enemies, to wit Idols, and as like crimes de&s;erve like puni&s;hments, we read in the holy Hi&s;tories that Kings of <HI>I&s;rael</HI> and of <HI>Juda</HI> which have &s;o far forgotten them&s;elves, have in the end mi&s;erably peri&s;hed. Now although the forme both of the Church, and the <HI>Jewi&s;h</HI> Kingdome be changed, for that that which was before inclo&s;ed within the narrow bounds of <HI>Judea,</HI> is now dilated throughout the whole World, notwith&s;tanding the &s;ame things may be &s;aid of Chri|&s;tian Kings, the Go&s;pell having &s;ucceeded the Law, and Chri|&s;tian Princes being in the place of tho&s;e of <HI>Jury:</HI> There is the &s;ame Covenant, the &s;ame Conditions, the &s;ame Puni&s;hments, and if they faile in the accompli&s;hing, the &s;ame God Almighty revenger of all perfidious di&s;loyalty; and as the former were bound to keep the Law, &s;o the other are obliged to adhere to the doctrine of the Go&s;pel, for the advancement whereof the&s;e Kings at their anoynting, and receiving, doe promi&s;e to im|ploy the utmo&s;t of their means.</P>
<P><HI>Herod</HI> fearing Chri&s;t, who&s;e reign he &s;hould rather have de|&s;ired, &s;ought to put him to death, as if he had affected a King|dome in this World, did him&s;elfe mi&s;erably peri&s;h, and lo&s;t his Kingdome. <HI>Julian</HI> the Apo&s;tate did ca&s;t off Chri&s;t Je&s;us to cleave unto the Impiety and Idolatry of the <HI>Pagans:</HI> but
<PB N="11" REF="8"> within a &s;mall time after he fell to his confu&s;ion, the force of the arme of Chri&s;t, whom in mockery he called the <HI>Gallilean.</HI> Ancient hi&s;tories are repleate with &s;uch examples, neither is there any want in tho&s;e of the&s;e times. Of late yeares divers Kings drunke with the liquor which the Whore of <HI>Babilon</HI> hath pre&s;ented unto them, have taken armes, and for the love of the Wolfe, and of Antichri&s;t, have made War again&s;t the Lambe of God, which is Chri&s;t Je&s;us, and yet at this day &s;ome among&s;t them doe continue in the &s;ame cour&s;e, wee have &s;een &s;ome of them ruin'd in the deed, and in the midde&s;t of their wicked|ne&s;&s;e, others al&s;o carried from their triumphs to their graves, tho&s;e which &s;urvive and follow them in their cour&s;es have little rea&s;on to expect a better i&s;&s;ue of their wicked practices, this &s;entence remaines always mo&s;t certaine, <HI>That though all the</HI> <NOTE PLACE="marg">p&s;a. 2. 2. p&s;a. 1 10 2. Apoc. 19: 16.</NOTE> <HI>Kings of the earth doe conjure and con&s;pire again&s;t Chri&s;t and indeavour to cut in peeces our Lambe, yet in the end they &s;hall yeeld the place, and maugre their hearts, confe&s;&s;e that this Lambe is the King of Kings, and Lord of Lords.</HI> But what &s;hall wee &s;ay of the Heathen Kings? Certainly although they be not anoynted and &s;acred of God, yet be they his Va&s;&s;alls and have received their power from him, whether they be cho&s;en by lot or any other meanes what|&s;oever. If they have been cho&s;en by the voyces of an A&s;&s;emb|ly, we &s;ay that God governs the heart of man, and addre&s;&s;es the minds and intentions of all per&s;ons whether he plea&s;eth: If it be by lot, the lot is ca&s;t in the lap, &s;aith the wi&s;e man, <HI>but the whole di&s;po&s;ing thereof is of the Lord.</HI> It is God only that in all ages e&s;tabli&s;heth, and takes away, confirmes, and overthrows Kings <NOTE PLACE="marg">pro. 16, 33.</NOTE> according to his good plea&s;ure; In which regard <HI>I&s;ay</HI> cals <HI>Cy|rus</HI> the anoynted of the Lord, and <HI>Daniel</HI> &s;aith that <HI>Nebuchad|nezer</HI> <NOTE PLACE="marg">E&s;a. 45. 1. Dan. 2. 21 &amp; 4. 24. Rom. 13. 1<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">.</NOTE> and others have had their Kingdomes committed unto them by God; as al&s;o Saint <HI>Paul</HI> maintains that all Magi&s;trats have received their authority from him: For although that God hath not commanded <HI>Pagans</HI> in expre&s;&s;e termes to obey him as he hath don tho&s;e that have knowledg of him: yet not|with&s;tanding the <HI>Pagans</HI> mu&s;t needs confe&s;&s;e that it is by the &s;o|vereigne God that they reign, wherefore if they will not yeeld the tribute that they owe to God in regard of them&s;elves, at the lea&s;t let them not attempt nor hinder the Sovereigne to ga|ther that which is due from tho&s;e people which are in &s;ub|jection to them; nor that they doe not anticipate, nor appro|priate
<PB N="12" REF="9"> to them&s;elves divine Juri&s;diction over them, which is the crime of high trea&s;on and true tyrannie, for which occa&s;ion the Lord hath grievou&s;ly puni&s;hed even the Pagan Kings them&s;elves. It then becomes tho&s;e Princes that will free them&s;elves from &s;o e|normious a mi&s;chiefe, carefully to di&s;tingui&s;h their juri&s;diction from that of Gods, yea, &s;o much the more circum&s;pectly for that God and the Prince have their right of authority over one and the &s;ame Land, over one and the &s;ame man, over one and the &s;ame thing; man is compo&s;ed of body and &s;oule, God hath formed the body and infu&s;ed the &s;oule into him, to him only then may be at|tributed, and appropriated the commands both over the body and &s;oule of man. If out of his meer grace and favour he hath permit|ted Kings to employ both the bodies and goods of their &s;ubjects, yet &s;till with this Provi&s;o and charge, that they pre&s;erve and defend their &s;ubjects; certainly Kings ought to thinke that the u&s;e of this authority is in &s;uch manner permitted, that notwith&s;tanding the abu&s;e of it is ab&s;olutely forbidden: Fir&s;t, tho&s;e which confe&s;&s;e that they hold their &s;oules and lives of God, as they ought to ac|knowledge, they have then no right to impo&s;e any tribute upon &s;oules. The King takes tribute and cu&s;tome of the body, and of &s;uch things as are acquired or gained by the indu&s;try and travaile of the body, God doth principally exact his right from the &s;oule, which al&s;o in part executes her functions by the body. In the tribute of the King are comprehended the fruits of the earth, the contributions of money and other charges, both reall and per&s;o|nall; the tribute of God is in Prayers, Sacraments, Predications of the pure word of God; briefly, all that which is called divine &s;er|vice, as well private as publick; the&s;e two tributes are in &s;uch man|ner divers and di&s;tingui&s;hed, that the one hurts nothing the other, the Exchequer of God takes nothing from that of <HI>Cae&s;ar,</HI> but each of them have their right manife&s;tly apa<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t. But to &s;peak in a word, who&s;oever confounds the&s;e things, doth heaven and earth together, and endeavours to reduce them into their fir&s;t chaos, or later con|fu&s;ion. <HI>David</HI> hath excellently well di&s;tingui&s;hed the&s;e affaires, <NOTE PLACE="marg">1 Chron. 26. 29. 2 Chron. 19. 11.</NOTE> ordaining officers to look to the right of God, and others for that of the King. <HI>Jo&s;ephat</HI> hath followed the &s;ame cour&s;e, e&s;tabli&s;hing certaine per&s;ons to judge the cau&s;es that belonged to the Almighty, and others to looke to the ju&s;tice of the King; the one to maintain the pure &s;ervice of God, the other to pre&s;erve the rights of the King. But if a Prince u&s;urpe the right of God, and put him&s;elfe
<PB N="13" REF="9"> forward after the manner of the Giants to &s;cale the Heavens, he is no le&s;&s;e guilty of high trea&s;on to his Soveraigne, and commits fel|lonie in the &s;ame manner, as if one of his va&s;&s;als &s;hould &s;eize on the rights of his Crown, and puts him&s;elfe into evident danger to be di&s;poyled of his e&s;tates, and that &s;o much the more ju&s;tly, there being no proportion between God and an earthly King, between the Almighty and a mortall man; whereas yet between the Lord and the va&s;&s;ell there is &s;ome relation of proportion. So often therefore as any Prince &s;hall &s;o much forget him&s;elfe, as in&s;olently to &s;ay in his heart I will a&s;cend into heaven, I will exalt my throne above the &s;tars of God: I will &s;it al&s;o upon the mount of the congregation in the &s;ides of the Nor<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">h; I will a&s;cend above the heights of the clouds, I will be like the mo&s;t high. But on the contrary, will the Almighty &s;ay I will ri&s;e up more high, I will &s;et my &s;elfe again&s;t <NOTE PLACE="marg">E&s;ay 14. 13. 14.</NOTE> thee; I will raze out thy name and all thy po&s;terity, thy coun&s;els &s;hall vani&s;h into &s;moak, but that which I have once determined <NOTE PLACE="marg">Exo. 5. &amp; 8. &amp;c.</NOTE> &s;hall remaine firme, and never be annihilated. The Lord &s;aid un|to <HI>Pharaoh, let my people goe, that they may &s;erve me, and offer &s;acri|fice unto me,</HI> and for that this proud man an&s;wered, that hee knew not the God of the Hebrews, pre&s;ently after he was mi&s;erably de|&s;troyed. <NOTE PLACE="marg">Dan. 3. 5. &amp; 4. 25. &amp;c.</NOTE> <HI>Nebuchadnezar</HI> commanded that his &s;tatue &s;hould be ado|red, and would be honoured as God, but within a &s;hort time the true God did de&s;ervedly cha&s;ti&s;e his unruly boldne&s;&s;e, and de&s;iring to be accounted God, he became a bruit bea&s;t, wandring through de&s;ert places like a wild a&s;&s;e, untill (&s;aith the Prophet) that he acknowledged the God of <HI>I&s;rael</HI> to be the Soveraigne Lord over <NOTE PLACE="marg">Dan. 5. 2.</NOTE> all, his &s;onne <HI>Bel&s;ha&s;er</HI> abu&s;ed the holy ve&s;&s;els of the Temple in <HI>Je|ru&s;alem,</HI> and put them to &s;erve his exce&s;&s;e and drunkenne&s;&s;e, for that therefore he gave not glory to him, that held in his hands both his &s;oule and his coun&s;els, he lo&s;t his Kingdome, and was &s;laine in that very night of his fea&s;ting <HI>Alexander</HI> the great took plea&s;ure in the lies of his Flatterers, who termed him the &s;onne of <HI>Jupiter,</HI> and not only approv'd, but pro-cur'd his adoration, but a &s;udden death gave a &s;ad period to tho&s;e tryumphs, being blinded through his exce&s;&s;e of conque&s;ts, began with too much affection, to delight in <HI>Antiochus,</HI> under colour of pacifying and uniting his &s;ubjects, commanded all men to for&s;ake the Lawes of God, and to apply <NOTE PLACE="marg">1 Macha. 1. 43.</NOTE> them&s;elves in obedience to his: hee prophaned the Temple of the Jewes, and polluted their Altars, but after divers ruins, defeats, and lo&s;&s;e of battels, di&s;poyled, and di&s;graced, he dies with griefe, con|fe&s;&s;ing
<PB N="14" REF="10"> that he de&s;ervedly &s;uffered tho&s;e mi&s;eries, becau&s;e he would <NOTE PLACE="marg">Mac. 6. 12. 13.</NOTE> have con&s;trained the Jewes to leave their Religion. If we take into our con&s;ideration the death of <HI>Nero,</HI> that inhumane Butcherer of Chri&s;tians, whom he unju&s;tly &s;landered with the fiering of <HI>Rome,</HI> being the abhorred act of his dete&s;ted &s;elfe. The end of <HI>Caligula,</HI> which made him&s;elfe to be adored, of <HI>Domitian</HI> which would be called Lord and God, of <HI>Commodus,</HI> and divers others which would appropriate to them&s;elves the honours due to God alone, we &s;hall find that they have all and alwayes according to their deceits mi&s;e|rably peri&s;hed; when on the contrary, <HI>Trajan, Adrian, Antonius</HI> the courteous and others, have fini&s;hed their dayes in peace, for al|though they knew not the true God, yet have they permitted the Chri&s;tians the exerci&s;e of <HI>their Religion.</HI> Briefly, even as tho&s;e re|bellious va&s;&s;als which endeavour to po&s;&s;e&s;&s;e them&s;elves of the King|dome, doe commit fellonie by the te&s;timony of all Lawes, and de|&s;erve to be extirpated; in like manner tho&s;e are as really guilty which will not ob&s;erve the Divine Law, whereunto all men with|out exception owe their obedience, or which per&s;ecute tho&s;e that de&s;ire to conforme them&s;elves thereunto, without hearing them in their <HI>just defences;</HI> now for that we &s;ee that God inve&s;ts Kings in|to their Kingdomes, almo&s;t in the &s;ame manner that va&s;&s;als are in|ve&s;ted into their fees by their Soveraigne, we mu&s;t needs conclude, that Kings are the va&s;&s;als of God, and de&s;erve to be deprived of the benefit they receive from their Lord if they commit felony, in the &s;ame fa&s;hion as rebellious va&s;&s;als are of their e&s;tates. The&s;e pro|mi&s;es being allowed, this que&s;tion may be ea&s;ily re&s;olved; for if God hold the place of Soveraign Lord, and the King as va&s;&s;all: who dare deny but that we mu&s;t rather obey the Soveraign, then the va&s;&s;all? If God commands one thing, and the King commands the contrary, what is that proud man that would terme him a re|bell which refu&s;eth to obey the King, when el&s;e he mu&s;t di&s;obey God. But on the contrary he &s;hould rather be condemned, and held for truly rebellious, which omits to obey God, or which will obey the King when hee forbids him to yeeld obedience to God. Briefly, if God call us on the one &s;ide to enrole us in his &s;ervice, and the King on the other, is any man &s;o void of rea&s;on as he will not &s;ay we mu&s;t leave the King, and apply our &s;elves to Gods &s;ervice, &s;o farre be it from us to beleeve, that we are bound to obey a King, commanding any thing contrary to the Law of God, that centra|lly in obeying him we become Rebels to God; no more, no<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word">
<PB N="15" REF="10"> then we would e&s;teem a countrey man a Rebell, which for the love he beares to &s;ome rich and ancient inferiour Lord, would bear Arms again&s;t the Soveraigne Prince, or which had rather obey the writs of an inferiour Judge then of a &s;uperiour, the commande|ments of a Lieutenant of a Province, then of the Prince; to be briefe, the directions of an officer rather then the expre&s;&s;e Ordi|nances of the King him&s;elfe. In doing this we ju&s;tly incurre the <NOTE PLACE="marg">Mich. 6. 16.</NOTE> malediction of the Prophet <HI>Micha,</HI> which doth dete&s;t and cur&s;e in the name of God all tho&s;e which obey the wicked and perver&s;e Ordinances of Kings. By the Law of God we under&s;tand the two Tables given to <HI>Mo&s;es,</HI> in the which, as in unremoveable bounds the authority of all Princes ought to be fixed. The fir&s;t comprehends that which we owe to God, the &s;econd that which we mu&s;t doe to our Neighbours; briefly, they containe piety and ju&s;tice conjoyn|ed with charity, from which the preaching of the Go&s;pel doth not derogate, but rather authori&s;e and confirme: The fir&s;t Table is e|&s;teemed <NOTE PLACE="marg">There is a certain Politician of our time &s;o de|te&s;table, that he hath dared to con|demne <HI>Pa|pinian,</HI> and to write in his books full of er|rors in matter of &s;tate, that <HI>Papinian</HI> becau&s;e he would not excu&s;e the paracide of <HI>Cara|calla</HI> did bring irre|parable damages to the af|fairs of the Empire.</NOTE> the principall, as well in order as in dignity. If the Prince commands to cut the throat of an innocent, to pillage and commit extortion, there is no man (provided he have &s;ome feeling of con|&s;cience) that would execute &s;uch a commandement. If the Prince have committed &s;ome crime, as Adultery, Parricide, or &s;ome o|ther wickedne&s;&s;e, behold among&s;t the Heathen <HI>the learned Lawyer</HI> Papinian <HI>which will reprove</HI> Caracalla <HI>to his face,</HI> and had rather die then obey, when his cruell Prince commands him to lie and pal|liate his offence; nay, although hee threaten him with a terrible death, yet would he not beare fal&s;e witne&s;&s;e; what &s;hall we then doe, if the Prince commands us to be Idolaters, if he would have us againe crucifie Chri&s;t Je&s;us, if he enjoyns to bla&s;pheme and de|&s;pite God, and to drive him (if it were po&s;&s;ible) out of Heaven, is there not yet more rea&s;on to di&s;obey him, then to yeeld obedi|ence to &s;uch extravagants commands: Yet a little further, &s;eeing it is not &s;ufficient to ab&s;taine from evill, but that we mu&s;t do good, in&s;tead of wor&s;hipping of Idols, wee mu&s;t adore and &s;erve the true God, according as he hath commanded us, and in&s;tead of bending our knees before <HI>Baal,</HI> we mu&s;t render to the Lord the honor and &s;ervice which he requires of us; for wee are bound to &s;erve God for his owne &s;ake only: but we honour our Prince, and love our Neighbour, becau&s;e and for the love of God. Now if it be ill done to offend our neighbour, and if it be a capitall crime to ri&s;e again&s;t our Prince, how &s;hall we intitle tho&s;e that ri&s;e in rebellion again&s;t the Maje&s;ty of the Soveraigne Lord of all Manking; briefly,
<PB N="16" REF="11"> as it is a thing much more grievous to offend the Creator, then the creature, man, then the Image he repre&s;ents; and as in terms of Law, he that hath wounded the proper per&s;on of a King, is much more culpable, then another that hath only broken the &s;tatue erected in his memory: &s;o there is no que&s;tion, but a much more terrible puni&s;hment is prepared for them, which infringe the fir&s;t Table of the Law, then for tho&s;e which only &s;inne again&s;t the &s;econd; al|though the one depend of the other; whereupon it followes (to &s;peake by compari&s;on) that we, mu&s;t take more carefull regard to the ob&s;ervation of the fir&s;t, then of the &s;econd. Furthermore, our Progenitors examples may teach us the rule we mu&s;t follow in this ca&s;e. King <HI>Ahab</HI> at the in&s;tigation of his wife <HI>Je&s;abel,</HI> killed all the Prophets, and &s;ervants of God that could be taken, not|with&s;tanding <HI>Abdias</HI> Steward of <HI>Ahabs</HI> hou&s;e did both hide and <NOTE PLACE="marg">1 King. 18. 4.</NOTE> feed in a Cave a hundred Prophets, the excu&s;e for this is &s;oon rea|dy; in obligations, oblige they never &s;o neerly, the divine Maje&s;ty mu&s;t alwayes be excepted. The &s;ame <HI>Ahab</HI> enjoyned all men to &s;acrifice to <HI>Baal: Elias</HI> in&s;tead of couling or relenting did reprove more freely the King, and all the people, convinced the Prie&s;ts of <HI>Baal</HI> of their impiety, and cau&s;ed them to be executed. Then in di&s;pite of that wicked and furious <HI>Je&s;abel,</HI> and manger that uxo|rious King, he doth redre&s;&s;e and reform with a divine and a power|full endeavour the &s;ervice of the true God. When <HI>Ahab</HI> reproach|ed <NOTE PLACE="marg">1 King. 18. 17.</NOTE> him (as the Princes of our times doe) that he troubled <HI>I&s;rael,</HI> that he was rebellious, &s;editious, titles wherewith they are ordi|narily charged, which are no way culpable thereof; nay, but it is thou thy &s;elfe, an&s;wered <HI>Elias,</HI> which by thy Apo&s;ta&s;ie hath trou|bled <HI>I&s;rael,</HI> which hath left the Lord the true God, to acquaint thy &s;elfe with &s;trange gods his enemies, in the &s;ame manner and by the <NOTE PLACE="marg">Dan. 3. 18 &amp; 6. lo. 13</NOTE> leading and direction of the &s;ame &s;pirit did <HI>Sidrac, Mi&s;ack,</HI> and <HI>Abednego</HI> refu&s;e to obey <HI>Nebuchadnezar, Daniel Darius, Eleazar Antiochus,</HI> and infinit others. After the comming of Je&s;us Chri&s;t, <NOTE PLACE="marg">Act. 4. 19.</NOTE> it being forbidden the Apo&s;tles to preach the Go&s;pel. Judge ye, (&s;aid they) whether it be rea&s;onable as in the &s;ight of God to obey <NOTE PLACE="marg"><HI>Phi<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">o I<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">e|<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">s</HI> in his di&s;cour&s;e of his Emba&s;|&s;age to <HI>Cyrus.</HI> S. <HI>Ambro&s;.</HI> in the E|p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;t. 33.</NOTE> men, rather then God; according to this the Apo&s;tles, not regard|ing neither the intendments nor de&s;igns of the greatne&s;&s;e of the world, addre&s;&s;ed them&s;elves readily to doe that which their Ma&s;ter Je&s;us Chri&s;t had commanded them. The Jewes them&s;elves would not permit that there &s;hould be &s;et up in the Temple at <HI>Jeru&s;alem</HI> the Eagle of &s;ilver, nor the &s;tatue of <HI>Caligula:</HI> what did <HI>Ambro&s;e</HI> when the Emperour <HI>Valentinian</HI> commanded him to give the Tem|ple
<PB N="17" REF="11"> at <HI>Millan</HI> to the <HI>Arrians? Thy Coun&s;ellors and Captains are come unto me,</HI> &s;aid he, <HI>to make me &s;peedily deliver the Temple, &s;aying it was done by the Authority and command of the Emperor, and that all things are in his power.</HI> I an&s;wered to it, <HI>That if he demanded that which is mine, to wit, mine inheritance, my money, I would not in any &s;ort refu&s;e it him, although all my goods belong properly to the poore, but the things divine are not in &s;ubjection to the power of the Emperor.</HI> What doe we think that this holy man would have an&s;wered, if he had been de|manded whether the living Temple of the Lord &s;hould be en|thrawled to the &s;lavery of Idols. The&s;e Examples, and the con|&s;tancy of a million of Martyrs, which were glorious in their deaths, for not yeilding obedience in this kinde, according as the Eccle&s;ia&s;ticall Hi&s;tories, which are full of them, do demon|&s;trate, may &s;ufficiently &s;erve for an expre&s;&s;e Law in this ca&s;e. But for all this we have no want of a Law formerly written: For as often, and ever as the Apo&s;tles admoni&s;h Chri&s;tians to obey Kings and Magi&s;trates, they doe fir&s;t exhort, and as it were by way of advice, admoni&s;h every one to &s;ubject him&s;elf in lik<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> manner to God, and to obey him before and again&s;t any what|&s;oever, and there is no where to be found, in any of their writ|ings, the lea&s;t pa&s;&s;age for this unlimitted obedience, which the flaterers of <HI>Princes</HI> do exact from men of &s;mal under&s;tandings. <HI>Let every &s;oule,</HI> &s;aith Saint <HI>Paul, be &s;ubject to the higher powers, for there is no power but of God:</HI> he makes mention of every &s;oul, to the <NOTE PLACE="marg">Rom. 13. 1.</NOTE> end it may not be thought, that he would exempt any from this &s;ubjection; we may ea&s;ily gather by divers &s;uch &s;peeches, that we mu&s;t obey God rather than the King: For if we obey the King, becau&s;e, and for the love of God certainly this obedi|ence may not be a con&s;piracy again&s;t God, But the Apo&s;tle wil &s;top the gap to all ambiguity in adding that the Prince is the &s;ervant of God for our good, to wit, to doe ju&s;tice; from this nece&s;&s;arily follows that which we come from touching, that we mu&s;t rather obey God then him who is his &s;ervant: This doth not yet content Saint <HI>Paul</HI> for he adds in the end, <HI>Give tribute, honour, and feare to whom they appertaine,</HI> as if hee <NOTE PLACE="marg">Math. 22. 21. 1 pet. 2. 17. 18.</NOTE> &s;hould &s;ay, that which was alledged by Chri&s;t, <HI>Give to Cae&s;ar that which is Cae&s;ars, and to God that which is Gods:</HI> To <HI>Cae&s;ar</HI> tri|bute, and honour; <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">o <HI>God</HI> feare. Saint <HI>Peter</HI> &s;aith the &s;ame, <HI>feare God, honour the King; Servants obey your Ma&s;ters not only the good and kinde, but al&s;o the rigorous,</HI> we mu&s;t practice the&s;e precepts according to the order they are &s;et downe in: to wit, that as
<PB N="18" REF="12"> &s;ervants are not bound to obey their Ma&s;ters if they command any thing which is again&s;t the lawes and ordinances of Kings: Subjects in like manner owe no obedience to Kings which wil make them to violate the Law of God. </P>
<P><MILESTONE N="1" UNIT="Object."> Certaine leud companions object, <HI>that even in the things them|&s;elves that concern the Con&s;cience wee mu&s;t obey Kings, and are &s;o &s;hame|le&s;&s;e as to produce for witne&s;&s;e of &s;o wicked an opinion the Apo&s;tle Saint</HI> Peter <HI>and Saint</HI> Paul, <HI>concluding from hence, that we mu&s;t yeeld obe|dience to all that the King &s;hall ordaine, though it be to imbrace, without reply, any Super&s;tition he &s;hall plea&s;e to e&s;tabli&s;h.</HI> But there is no man &s;o gro&s;ly voyde of &s;en&s;e, that &s;ees not the impiety of the&s;e men. We reply: that Saint <HI>Paul</HI> &s;aith in expre&s;&s;e termes, we mu&s;t be &s;ubject to Princes, not only for wrath, but al&s;o for con&s;cience &s;ake. In oppo&s;ing con&s;cience to wrath, it is as much as if the <NOTE PLACE="marg">Rom 1. 35.</NOTE> Apo&s;tle had &s;aid, that the obedience of which he &s;peaks ought not to proceed for feare of puni&s;hment, but from the love of God, and from the reverence which we are bound to beare unto the word, in the &s;ame &s;ence Saint <HI>Paul</HI> enjoyneth &s;ervants in &s;uch manner to obey their Ma&s;ters, that it be not with eye &s;ervice for feare of &s;tripes, but in &s;inglene&s;&s;e of heart, fearing <NOTE PLACE="marg">Col. 3. 22.</NOTE> God, not &s;imply, to acquire the favour of men, whom they may delude, but to bear the burden laid on their &s;houlders, by him whom no man can deceive.</P>
<P>In briefe there is manife&s;t difference between the&s;e two man|ners of &s;peech, to obey for con&s;cience &s;ake, and to obey in tho&s;e thing which concerne the con&s;cience: otherwayes tho&s;e which had much rather loo&s;e their lives with infinite tor|ments then obey Princes which command them things con|trary to the will of God, would have taught us that which the&s;e &s;eek to per&s;wade us to. Neither doe they expre&s;&s;e them|&s;elves <MILESTONE N="2" UNIT="Object."> le&s;&s;e impudent in that which they are accu&s;tomed to ob|ject to tho&s;e which are not &s;o well able to an&s;wer them. That obedience is better than &s;acrifice, for there is no Text in holy writ that doth more evidently confound them then this, which is contained in <HI>Samuels</HI> reprehen&s;ion of King <HI>Saul,</HI> for <NOTE PLACE="marg">1 Sam. 15. 22.</NOTE> his di&s;obedience to the Commandement of God, in &s;acrificing unfittingly. If then <HI>Saul</HI> although he were a King ought to obey God, it follows in all good con&s;equence that &s;ubjects are not bound to obey their King by offending of God. Briefly, tho&s;e (which after the barbarous manner of the men of <HI>Calcut)</HI> &s;eek to inthrall the &s;ervice of God with a nece&s;&s;ary dependance
<PB N="19" REF="12"> on the will of a mutable man, and Religion of the good plea|&s;ure of the King, as if he were &s;ome God on earth, they doub|les little value the te&s;timony of holy Writ. But let them (at the lea&s;t) yet learn of a Heathen Orator. <HI>That in every publique &s;tate,</HI> <NOTE PLACE="marg">Cicero in the fir&s;t book of offic.</NOTE> <HI>there is certain degrees of duty, for tho&s;e that conver&s;e and live in it, by which may appear wherein the one are obliged to the other. In&s;omuch that the fir&s;t part of this duty belongs to the immortall God, the &s;econd concerns the Country, which is their common Mother, the third, tho&s;e which are of our blood, the other parts leading us &s;tep by &s;tep to our other Neighbours. Now although the crime of High Trea&s;on be very heinous, yet according</HI> <NOTE PLACE="marg">l. 2. ad leg. Jul. maje&s;t. Dige&s;t.</NOTE> <HI>to the Civilians, it alwaies follows after &s;acriledge, an offence which pro|perly pertaines to the Lord God and his &s;ervice, in&s;omuch that they do con|fidently affirm, that the robbing of a Church, is by their rules e&s;teemed, a greater crime, than to con&s;pire again&s;t the life of a Prince.</HI> Thus much for this fir&s;t Que&s;tion, wherein we per&s;wade our &s;elves, that any man may receive &s;atisfaction, if he be not utterly voyd of the fear of God.</P>
</DIV2>
<DIV2 N="2" TYPE="section">
<HEAD>The &s;econd Que&s;tion, <HI>Whether it be lawfull to re&s;i&s;t a Prince which doth infringe the Law of God, or ruine his Church, by whom, how, and how far it is lawfull.</HI></HEAD>
<P>THis Que&s;tion &s;eems at the fir&s;t view to be of a high and dif|ficult nature, for &s;o much as there being &s;mall occa&s;ion to &s;peak to Princes that fear God: On the contrary, there will be much danger to trouble the ears of tho&s;e which acknowledge no other Sovereign but them&s;elves, for which rea&s;on few or none have medled with it, and if any have at all touched it, it hath been but as it were in pa&s;&s;ing by. The Que&s;tion is, <HI>If it be lawfull to re&s;i&s;t a Prince violating the Law of God, or ruinating the Church, or hindring the re&s;tor|ing of it?</HI> If we hold our &s;elves to the tenure of the holy Scripture, it will re&s;olve us. For, if in this ca&s;e it have been lawfull to the Jew|i&s;h people (the which may be ea&s;ily gathered from the books of the Old Te&s;tament) yea, if it have been injoyned them, I beleeve it will not be denyed, that the &s;ame mu&s;t be allowed to the whole people of any Chri&s;tian Kingdom or Country what&s;oever. In the fir&s;t place it mu&s;t be con&s;idered, that God having cho&s;en <HI>I&s;rael</HI> from among&s;t all the Nations of the Earth, to be a peculiar people to him, and co|venanted with them, that they &s;hould be the people of God. This is written in divers places of <HI>Douteronomy:</HI> the &s;ub&s;tance and tenor of <NOTE PLACE="marg">Deut. 7. 6. &amp; 14. 2.</NOTE> this alliance was, <HI>That all &s;hould be carefull in their &s;everall lines, tribes, and families in the land of Canaan, to &s;erve God purely, who would have a</HI>
<PB N="20" REF="13"> <HI>Church e&s;tabli&s;hed among&s;t them for ever,</HI> which may be drawn from the te&s;timony of divers places, namely that which is contained in the 27 Chap. of <HI>Deuteronomy,</HI> there <HI>Mo&s;es</HI> and the Levites covenant|ing as in the name of God, a&s;&s;embled all the people, and &s;aid unto them: <HI>This day Oh I&s;rael art thou become the people of God, obey you ther|fore his voyce, &amp;c. And Mo&s;es &s;aid, when thou ha&s;t pa&s;&s;ed the River of Jordan, thou &s;halt &s;et &s;ix Tribes on the mountain of Gerizzim on the one &s;ide, and the &s;ix other on the Mountain of Eball, and then the Levites &s;hall read the Law of God, promi&s;ing the ob&s;ervers all felicity, and threatning woe and de&s;truction to the breakers thereof, and all the people &s;hall an&s;wer, Amen.</HI> The which was afterwards performed by <HI>Jo&s;hua,</HI> at his en|tring into the Land of <HI>Canaan,</HI> and &s;ome few days before his death. We &s;ee by this that all the people is bound to maintain the law of <NOTE PLACE="marg">Jo&s;. 5. 24. &amp; 24. 20. &amp;c.</NOTE> God to perfect his Church: and on the contrary to exterminate the Idols of the land of <HI>Canaan,</HI> a Covenant which can no wayes ap|pertain to particulars, but only to the whole body of the people. To which al&s;o it &s;eems the incamping of all the Tribes round about the Ark of the Lord, to have reference, to the end that all &s;hould look to pre&s;ervation of that which was committed to the cu&s;tody of all. Now for the u&s;e and practi&s;e of this Covenant wee may produce examples, the Inhabitants of <HI>Gabaa</HI> of the Tribe of <HI>Benjamin</HI> ra|vi&s;hed the wife of a <HI>Levite,</HI> which died through their violence. <NOTE PLACE="marg">Judg. 19, 20.</NOTE> The <HI>Levite</HI> divided his wife into twelve peeces and &s;ent them to the twelve Tribes, to the end that all the people together might wipe away this &s;o horrible a crime committed in <HI>I&s;rael.</HI> All the people met together at <HI>Mizpah</HI> and required the <HI>Benjamites</HI> to de|liver to be puni&s;hed tho&s;e that were culpable of this enormious crime, which they refu&s;ed to performe, wherefore with the allow|ance of God him&s;elfe, the &s;tates of the people with an univer&s;all con&s;ent renounce and make war again&s;t the <HI>Benjamites,</HI> and by this means the authority of the &s;econd Table of the Law was main|tained by the detriment and ruine of one entire Tribe which had broken it in one of the precepts. For the fir&s;t we have an example &s;ufficiently manife&s;t in <HI>Jo&s;hua.</HI> After that the <HI>Rubenites, Gadites,</HI> &amp; <HI>Mana&s;&s;ites</HI> were returned into their dwellings beyond <HI>Jordan,</HI> they incontinently built a goodly Alter neer unto the river, this &s;eems <NOTE PLACE="marg">Jo&s;. 22</NOTE> to contrary the commandement of the Lord, who expre&s;ly forbids to &s;acrifice any where but in the land of <HI>Canaan</HI> only, wherefore it was to be feared lea&s;t the&s;e men intended to &s;erve Idols. This bu|&s;ine&s;&s;e being communicated to the people, inhabiting on this &s;ide <HI>Jordan:</HI> the place a&s;&s;igned for the meetings of the States was at
<PB N="21" REF="13"> <HI>Silo</HI> where the Arke of the Lord was. They all accord|ingly met, and <HI>Phineas</HI> the High-Prie&s;t the &s;on of <HI>Eleazer</HI> was &s;ent to the other to treate with them concerning this offence committed again&s;t the Law: And to the end they might know all the people had a hand in this bu&s;ine&s;&s;e, they &s;ent al&s;o the principall men of every Tribe to complain that the &s;ervice of God is corrupted, by this devi&s;e, that God would be provok|ed by this rebellion, and become an enemy, not only to the guilty, but al&s;o to all <HI>I&s;rael,</HI> as heretofore in <HI>Beelphegor.</HI> Briefly that they &s;hould denounce open warre again&s;t them if they de&s;i&s;ted not from this their manner of doing: There mu&s;t of nece&s;&s;ity have followed much mi&s;cheife, if tho&s;e Tribes be|yond <HI>Jordan</HI> had not prote&s;ted, that they erected that Alter on|ly for a memoriall that the <HI>I&s;raelites</HI> both on the one and the other &s;ide of <HI>Jordan,</HI> both did and do profe&s;&s;e one and the &s;ame Religion: and at all times when&s;oever, they have &s;hewed them|&s;elves negligent in the maintenance of the &s;ervice of God, wee have &s;eene that they have ever been puni&s;hed: This is the true cau&s;e wherefore they lo&s;t two battels again&s;t the <HI>Benjamites</HI> ac|cording as it appeares in the end of the booke of <HI>Judges,</HI> for in &s;o carefully undertaking to puni&s;h the rape and outrage don to a particular per&s;on, they clearly convinced them&s;elves of much negligent prophane&s;&s;e in the maintenance of Gods right, by their continually negligence, omi&s;&s;ion to puni&s;h both corporall and &s;pirituall whoredomes, there was then in the&s;e fir&s;t times &s;uch a Covenant between God and the People.</P>
<P>Now after that Kings were given unto the people, there was <NOTE PLACE="marg"><HI>A</HI> cove|nant be|tween God the king &amp; the people. 2 king. 11. 17. &amp; 23. 3.</NOTE> &s;o little purpo&s;e of di&s;annulling or disbanding the former contract, that it was renewed and confirmed for ever. Wee have formerly &s;aid at the Inaugurating of Kings, there was a double Covenant treated of, to wit, <HI>between God, and the King; and betweene God, and the People.</HI> The agreement was fir&s;t pa&s;&s;ed between <HI>God, the King, and the People:</HI> Or between <HI>the High-Prie&s;t the People,</HI> (which is named in the fir&s;t place in the 23 Chapter in the 2 booke of the <HI>Chronicles) and the King.</HI> The intention <NOTE PLACE="marg">2 chron. 23 16.</NOTE> of this was, that the <HI>people &s;hould be the people of God,</HI> (which is as much as to &s;ay) <HI>that the people &s;hould be the church of God,</HI> we have &s;hewed before to what end God contracted Covenants with the King: Let us now con&s;ider wherfore al&s;o he allies him&s;elfe with the people. It is a thing mo&s;t certaine, that God hath not
<PB N="22" REF="14"> done this in vain, and if the people had not <HI>authority to promi&s;e, and to keep promi&s;e,</HI> it were vainly lo&s;t time to contract or Cove|nant with them. It may &s;eem then that God hath done like tho&s;e creditors, which having to deale with not very &s;uffici|ent borrowers, take divers joyntly bound for one and the &s;ame &s;um, in&s;omuch as two or more being bound one for a|nother and each of them apart, for the intire payment of the totall &s;um, he may demand his whole debt of which of them he plea&s;eth. There was much danger to commit the cu&s;tody of the Church to one man <HI>alone,</HI> and therefore God did recom|mend, and put it in tru&s;t <HI>to all the people:</HI> The King being rai&s;ed to &s;o &s;lippery a place might ea&s;ily be corrupted, for feare lea&s;t the Church &s;hould &s;tumble with him, God would have the people al&s;o to be re&s;pondents for it. In the Covenant of which we &s;peak, <HI>God,</HI> or (in his place) the <HI>High-Prie&s;t,</HI> are &s;tipulators, the King and all the people, to wit, <HI>I&s;rael,</HI> doe joyntly and voluntarily a&s;&s;ume, promi&s;e, and oblige them&s;elves for one and the &s;ame thing. The High-Prie&s;t demands if they promi&s;e that the people &s;hall bee the people of God, that God &s;hall always have his Temple, his Church among&s;t them, where he &s;hallbe purely &s;erved, The King is re&s;pondent, &s;o al&s;o are the people (the whole body of the people repre&s;enting as it were the office and place of one man) not &s;everally, but joyntly, as the words them&s;elves make cleare, being incontinent, and not by intermi&s;&s;ion or di&s;tance of time the one after the other. <NOTE PLACE="marg">L. Mortuo 22. D. de fi|dei com. L. &s;i non &s;inguli C. &s;i cert. Pet. I. penult. D. de duo reis 2 &amp; 3. &s;ect. 1. D. eo|dem.</NOTE> We &s;ee here then two undertakers, the <HI>King</HI> and <HI>I&s;rael,</HI> which by con&s;equent are bound one for another and each for the whole. For as when <HI>Cajus</HI> and <HI>Titius</HI> have promi&s;ed joyntly to pay to their Creditor <HI>Seius</HI> a certaine &s;um, each of them are bound for him&s;elfe and his companion, and the Creditor may de|mand the &s;um of which of them he plea&s;eth. In the like man|ner the <HI>King</HI> for him&s;elfe, and <HI>I&s;rael</HI> for it &s;elfe are bound with all circum&s;pection to &s;ee that the Church be not damnified, if either of them be negligent of their Covenant, God may ju&s;tly demand the whole of which of the two he plea&s;eth, and the more probably of the people then of the King, and for that many cannot &s;o ea&s;ily &s;lip away as one, and have better meanes to di&s;charge the debts then one alone. <HI>In</HI> <NOTE PLACE="marg">L. cum po&s;. D. de cen|&s;ib. &amp; ibi doct<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">res.</NOTE> <HI>like manner, as when two men that are indebted, e&s;pecially to the pub|like Exchequer, the one is in &s;uch manner bound for the other, that he can</HI>
<PB N="23" REF="14"> <HI>take no benefit of the divi&s;ion granted; by the new Con&s;titutions of Ju&s;ti|nian: So likewi&s;e the King and I&s;rael promi&s;ing to pay tribute to God, which is the King of Kings, for accompli&s;hment whereof, the one is obliged for the other. And as two Covenanters by promi&s;e, e&s;pecially in contracts, the ob|ligation whereof expo&s;eth the Obligees to forfeitures and hazards, &s;uch as</HI> <NOTE PLACE="marg">L. cum ap|parebit, D. locati. L. &s;i divi&s;a. C. eodem.</NOTE> <HI>this is here, the failings of the one indammageth the other: &s;o that if I&s;rael for&s;ake their God, and the King makes no account of it, he is ju&s;tly guilty of I&s;raels delinquency. In like manner, if the King follow after &s;trange gods, and not content to be &s;educed him&s;elf, &s;eeks al&s;o to attract his Subjects, en|devouring by all means to ruine the Church, if I&s;rael &s;eek not to withdraw him from his rebellion, and contain him within the limits of obedience, they make the fault of their King, their own tran&s;gre&s;&s;ion.</HI> Briefly, as when there is danger that one of the debtors by con&s;uming his goods may be di&s;abled to give &s;atisfaction, the other mu&s;t &s;atisfie the creditors who ought not to be endamaged, though one of his debtors have ill husbanded his e&s;tate, this ought not to be doubted in regard of <HI>I&s;rael</HI> toward their King, and of the King towards <HI>I&s;rael</HI> in ca&s;e one of them apply him&s;elfe to the &s;ervice of Idols, or breake their Covenant in any other &s;ort, the one of them mu&s;t pay the forfeiture and be puni&s;hed for the other. Now that the Covenants of which we at this time treat, is of this nature, it appeares al&s;o by other te&s;timonies of Holy Scripture. <HI>Saul</HI> being e&s;tabli&s;hed King of <HI>I&s;rael, Samuel</HI> Prie&s;t <NOTE PLACE="marg">1 Sam. 12. 14. 25.</NOTE> and Prophet of the Lord, &s;peakes in this manner to the people. <HI>Both you and your King which is over you &s;erve the Lord your God, but if you per&s;evere in malice</HI> (he taxeth them of malice for that they preferred the government of a man before that of God) <HI>you and your King &s;hall peri&s;h,</HI> He adds after the rea&s;on, <HI>For it hath plea&s;ed God to chu&s;e you for his people.</HI> You &s;ee here both the parties evi|dently conjoyned in the condition and the puni&s;hment: In like manner <HI>A&s;a</HI> King of <HI>Judah,</HI> by the coun&s;el of the Prophet <HI>Azarie,</HI> a&s;&s;embleth all the people at <HI>Jeru&s;alem,</HI> to wit, <HI>Juda</HI> and <HI>Benjamin,</HI> to enter into Covenant with God. Thither came al&s;o divers of the Tribe of <HI>Ephraim, Mana&s;&s;es,</HI> and <HI>Simeon,</HI> which were come thither to &s;erve the Lord according to his own ordinance After the &s;acrifices were performed according to the Law, the Covenant was contracted in the&s;e termes, <HI>Who&s;oever &s;hall not call upon the Lord God of</HI> I&s;rael, <HI>be he the lea&s;t or the greate&s;t, let him dye the death.</HI> In making mention of the greate&s;t, you &s;ee that the King him&s;elfe is not excepted from the de&s;igned puni&s;hment.</P>
<PB N="24" REF="15">
<P>But who may puni&s;h the King (for here is que&s;tion of corpo|rall <NOTE PLACE="marg">2 king. 23. 2.</NOTE> and temporall puni&s;hment?) If it be not the whole body of the people to whom the King &s;weareth and obligeth him|&s;elfe, no more nor le&s;&s;e, than the people doe to the King, we read al&s;o that King <HI>Jo&s;ias</HI> being of the age of twenty and <NOTE PLACE="marg">2 Chron. 4. 29.</NOTE> five yeares, together with the whole people, doth make a Co|venant with the Lord, the King and the People promi&s;ing to keepe the Lawes, and Ordinances of God, and even then for the better accompli&s;hing of the tenour of this agreement, the Idolatry of <HI>Baall</HI> was pre&s;ently de&s;troyed. If any will more exactly turne over the holy Bible, he may well finde other te|&s;timonies to this purpo&s;e.</P>
<P>But to what purpo&s;e &s;hould the con&s;ent of the people be re|quired, wherefore &s;hould <HI>I&s;rael</HI> or <HI>Juda</HI> be expre&s;ly bound to ob&s;erve the Law of God? for what rea&s;on &s;hould they pro|mi&s;e &s;o &s;olemnly to be for ever the people of God? If it be de|nied, by the &s;ame rea&s;on that they had any authority from God, or power to free them&s;elves from perjury, or to hinder the ruine of the Church. For to what end &s;hould it &s;erve to cau&s;e the people to promi&s;e to be the people of God, if they mu&s;t, and are bound to endure and &s;uffer the King to draw them after &s;trange Gods. If the people be ab&s;olutly in bondage wherefore is it commanded then, to take order that God be purely &s;erved? if it be &s;o that they cannot properly oblige them&s;elves to God, and if it be not lawfull for them by all to indeavour the accompli&s;hment of their promi&s;e, &s;hall we &s;ay that God hath made an agreement with them, which had <NOTE PLACE="marg">I. quod at|t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">net. 32. 1. D. de reg. jur.</NOTE> no right neither to promi&s;e, nor to keep promi&s;e? But on the contrary, in this bu&s;ine&s;&s;e of making a Covenant with the peo|ple, God would openly and plainly &s;how, that the people hath right to make, hold, and accompli&s;h their promi&s;es and con|tracts. For, if he be not worthy to be heard in publique Court that will bargaine or contract with a &s;lave, or one that is under tutillage, &s;hall it not be much more &s;hamefull to lay this im|putation upon the Almighty, that he &s;hould contract with tho&s;e which had no power to performe the conditions covenanted? But for this occa&s;ion it was, that when the Kings had broken their Covenants, the Prophets always addre&s;&s;ed them&s;elves to the hou&s;e of <HI>Juda</HI> and <HI>Jacob,</HI> and to <HI>Samaria,</HI> to adverti&s;e them of their du|ties. Furthermore, they required the people that they not only
<PB N="25" REF="15"> with-draw them&s;elves from &s;acrificing to <HI>Baal,</HI> but al&s;o that they ca&s;t down his Idoll, and de&s;troy his Prie&s;ts and &s;ervice; yea, even <HI>maugre the King</HI> him&s;elfe. For example, <HI>Ahab</HI> having killed the Prophets of God, the Prophet <HI>Elias</HI> a&s;&s;embleth the people, and as it were convented the E&s;tates, and doth there taxe, reprehend, and reprove every one of them; the people at his exhortation doe take and put to death the Prie&s;ts of <HI>Baal.</HI> And for &s;o much as the King neglected his duty, it behoved <HI>I&s;rael</HI> more carefully to di&s;|charge theirs without tumult, not ra&s;hly, but by <HI>publicke authority,</HI> the E&s;tates being a&s;&s;embled, and the equity of the cau&s;e orderly debated, and &s;ufficiently cleared before they came to the execution of ju&s;tice. On the contrary, &s;o often, and always when <HI>I&s;rael</HI> hath fayled to oppo&s;e their King, which would overthrow the &s;ervice of God, that which hath been formerly &s;aid of the two Debtors, the inability and ill husbandry of the one doth ever prejudice the other, the &s;ame hapned to them; for as the King hath been puni|&s;hed for his Idolatry and Di&s;loyaltie, the people have al&s;o beene cha&s;ti&s;ed for their negligence, connivencie, and &s;tupidity, and it hath commonly hapned, that the Kings have bin much more often &s;war|ved, and drawn others with them then the people, for &s;o much as ordinarily the great ones mould them&s;elves into the fa&s;hion of the King, and the people conforme them&s;elves in humours to tho&s;e that governe them: to be briefe, all more u&s;ually offend after the ex|ample of one, then that one will reform him&s;elfe as he &s;eeth all the re&s;t. This which we &s;ay will perhaps appeare more plainly by ex|amples; what doe we &s;uppo&s;e to have been the cau&s;e of the defeat and overthrow of the Army of <HI>I&s;rael</HI> with their King <HI>Saul.</HI> Doth God correct the people for the &s;innes of the Prince? Is the child <NOTE PLACE="marg">1 Sam. 31.</NOTE> beaten in&s;tead of the Father? It is a di&s;cour&s;e not ea&s;ily to be di|ge&s;ted, &s;ay the Civilians, to maintain that the children &s;hould bear the puni&s;hments due for the offences of their Fathers; the Laws doe not permit that any one &s;hall &s;uffer for the wickedne&s;&s;e of an|other. Now God forbid that the Judge of all the world (&s;aith <NOTE PLACE="marg">Gen. 18. 25. Deut. 24. 16. 2 King. 14 6. Ezech. 18. 20.</NOTE> <HI>Abraham)</HI> &s;hould de&s;troy the innocent with the guilty: On the contrary (&s;aith the Lord) as the life of the Father, &s;o the life of the &s;onne is in my hands; the fathers &s;hall not be put to death for the children, neither &s;hall the children be put to death for the fa|thers; every man &s;hall be put to death for his own &s;inne, That overthrow then, did it not proceed for that the people oppo&s;ed not
<PB N="26" REF="16"> <HI>Saul,</HI> when he violated the Law of God; but applauded that mi|&s;erable Prince when he wickedly per&s;ecuted the be&s;t men, as <HI>David</HI> and the Prie&s;ts of the Lord. Among&s;t many other examples let us onely produce &s;ome few. The &s;ame <HI>Saul</HI> to enlarge the po&s;&s;e&s;|&s;ions of the tribe of <HI>Iuda</HI> broke the publick faith granted to the <HI>Gibeonites,</HI> at the fir&s;t entry of the people into the land of <HI>Canaan,</HI> <NOTE PLACE="marg">Sam. 21. 1.</NOTE> and put to death as many of the <HI>Gibeonites</HI> as hee could come by. By this execution <HI>Saul</HI> did break the third Commandement, for God had been called to witne&s;&s;e this agreement, and the &s;ixt al&s;o, in &s;o much as he murthered the innocent, he ought to have main|tained the authority of the two Tables of the Law; and thereupon it is &s;aid, that <HI>Saul</HI> and his hou&s;e have committed this wickedne&s;&s;e. In the mean time, after the death of <HI>Saul,</HI> and <HI>David</HI> being e&s;tabli|&s;hed King, the Lord being demanded, made an&s;wer, that it was already the third yeare that the whole countrey of <HI>I&s;rael</HI> was affli|cted with famine, becau&s;e of this cruelty, and the hand of the Lord cea&s;ed not to &s;trike, untill that &s;even men of the hou&s;e of <HI>Saul</HI> were given to the <HI>Gibeonites,</HI> who put them to death; &s;eeing <NOTE PLACE="marg">L. <HI>crimen.</HI> 26. <HI>D. de pae<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">is</HI></NOTE> that every one ought to bear his own burden, and that no man is e&s;teemed the inheritor of anothers crime; wherefore they &s;ay, that all the whole people of <HI>I&s;rael</HI> de&s;erves to be puni&s;hed for <HI>Saul,</HI> who was already dead, and had (as it might &s;eem) that controver&s;ie buried in the &s;ame grave with him, but only in regard that the peo|ple neglected to oppo&s;e a mi&s;chiefe &s;o publick and apparent, al|though they ought and might have done it: Think you it rea&s;on, <NOTE PLACE="marg">L. <HI>Sanci|mus c. de paenis.</HI></NOTE> not any be puni&s;hed unle&s;&s;e they de&s;erve it? And in what hath the people here fayled, but in &s;uffering the offence of their King. In like manner when <HI>David</HI> commanded <HI>Ioab,</HI> and the Governors of <NOTE PLACE="marg">1 Sam. 24. 2. 2 Chron. 21. 2.</NOTE> <HI>I&s;rael</HI> to number the people, he is taxed to have committed a great fault; for even as <HI>I&s;rael</HI> provoked the anger of God in demanding a King, one in who&s;e wi&s;dom they &s;eemed to repo&s;e their &s;afety: even &s;o <HI>David</HI> did much forget him&s;elfe, in hoping for victory through the multitude of his &s;ubjects; for &s;o much as that is pro|perly <NOTE PLACE="marg">Abacuc. 1. 16.</NOTE> (according to the &s;aying of the Prophet) to &s;acrifice unto their net, and burn incen&s;e unto their drag, a kind of abominable Idolatry; for the Governors, they &s;eeing that it would draw evill on the people, a little drew back at the fir&s;t; afterwards, as it were, to be rid of the importunity they made the enrolement: in the mean &s;ea&s;on all the people are puni&s;hed, and not <HI>David</HI> alone, but
<PB N="27" REF="16"> al&s;o the ancients of <HI>I&s;rael,</HI> which repre&s;ented the whole body of the people, put on &s;ack-cloath and a&s;hes, the which notwith&s;tanding was not done nor practi&s;ed when <HI>David</HI> committed tho&s;e horrible &s;innes of murther and adultery. Who &s;ees not in this la&s;t act, that all had &s;inned, and that all &s;hould repent; and finally that all were cha&s;ti&s;ed, to wit <HI>David</HI> that had provoked God by &s;o wicked a commandement, the Governors (as Peers and A&s;&s;e&s;&s;ors of the Kingdome, ought in the name of all <HI>I&s;rael</HI> to have oppo&s;ed the King) by their connivencie, and over weak re&s;i&s;tance; and all the people al&s;o which made their appearance to be enroled. God in this re&s;pect did like a chiefe Commander, or Generall of an army, he cha&s;ti&s;ed the offence of the whole camp, by a &s;udden alarum given to all, and by the exemplary puni&s;hments of &s;ome particu|lars to keep all the re&s;t in better awe and order. But tell me where|fore <NOTE PLACE="marg">2 King 24. 4. 2 Chron. 33. 10. Ier. 15. 4.</NOTE> after that the King <HI>Mana&s;&s;es</HI> had polluted the Temple at <HI>Ieru|&s;alem,</HI> doe we read that God not only taxed <HI>Mana&s;&s;es,</HI> but all the people al&s;o? was it not to adverti&s;e <HI>I&s;rael</HI> one of the &s;ureties, that if they keep not the King within the limits of his duty, they &s;hould all &s;mart for it; for what meant the Prophet <HI>Ieremy</HI> to &s;ay, the hou&s;e of <HI>Iuda</HI> is in &s;ubjection to the <HI>A&s;sirians,</HI> becau&s;e of the im|piety and cruelty of <HI>Mana&s;&s;es?</HI> but that they were guilty of all his offences, becau&s;e they made no re&s;i&s;tance: wherefore S. <HI>Au&s;tin</HI> <NOTE PLACE="marg">S. <HI>Augu&s;t.</HI> upon P&s;al. 82. <HI>Ambro. in offic.</HI></NOTE> and S. <HI>Ambro&s;e</HI> &s;aid, <HI>Herod</HI> and <HI>Pilat</HI> condemned Je&s;us Chri&s;t, the Prie&s;ts delivered him to be crucified, the people &s;eem to have &s;ome compa&s;&s;ion, notwith&s;tanding all are puni&s;hed; and wherefore &s;o? for &s;o much as they are all guilty of his death, in that they did not deliver him out of the hands of tho&s;e wicked Judges, and Gover|nors, there mu&s;t al&s;o be added to this, many other proofes drawne from divers Authors for the further explication of this point, were it not that the te&s;timonies of holy Scripture ought to &s;uffice Chri|&s;tians. Furthermore, in &s;o much as it is the duty of a good Ma|gi&s;trate, rather to endeavour to hinder and prevent a mi&s;chiefe, then to cha&s;ti&s;e the delinquents after the offence is committed, as good Phy&s;icians that pre&s;cribe a diet to allay and prevent di&s;ea&s;es, as wel as medicines to cure them: In like manner a people truly affected to true religion, will not &s;imply con&s;ent them&s;elves to reprove and repre&s;&s;e a Prince that would aboli&s;h the Law of God, but al&s;o will have &s;peciall regard, that through malice and wickedne&s;&s;e he inno|vate nothing that may hurt the &s;ame, or that in tract of time may
<PB N="28" REF="17"> corrupt the pure &s;ervice of God; and in&s;tead of &s;upporting pub|lick offences committed again&s;t the divine Maje&s;ty, thay will take away all occa&s;ions wherewith the offenders might cover their faults; wee read that to have been practi&s;ed by all <HI>I&s;rael</HI> by a de|cree of Parliament in the a&s;&s;embly of the whole people, to re|mon&s;trate to tho&s;e beyond <HI>Iordan,</HI> touching the Altar they had buil|ded, and by the King <HI>Ezechias,</HI> which cau&s;ed the bra&s;en Serpent to be broken. It is then lawfull for <HI>I&s;rael</HI> to re&s;i&s;t the King, which would overthrow the Law of God, and aboli&s;h his Church, and not only &s;o, but al&s;o they ought to know that in neglecting to performe this duty, they make them&s;elves culpable of the &s;ame crime, and &s;hall beare the like puni&s;hment with their King.</P>
<P>If their a&s;&s;aults be verball, their defence mu&s;t be likewi&s;e ver|ball, if the &s;word be drawn again&s;t them, they may al&s;o take armes, and fight either with tongue or hand, as occa&s;ion is: yea, if they be <NOTE PLACE="marg">Augu&s;t. in Jo&s;h. 23. q. 2.</NOTE> a&s;&s;ailed by &s;urpri&s;alls, they may make u&s;e both of ambu&s;cadces, and countermines, there being no rule in lawfull war, that directs them for the manner, whether it be by open a&s;&s;ailing their enemy, or by clo&s;e &s;urpri&s;ing, provided alwayes, that they carefully di&s;tingui&s;h between advantagious &s;tratagems, and perfidious Trea&s;on, which is alwayes unlawfull.</P>
<P>But I &s;ee well, here will be an objection made, what will you &s;ay? That a whole people, that bea&s;t of many heads, mu&s;t they run <NOTE PLACE="marg">Dominus l. 1. D. de dolo malo</NOTE> in a mutinous di&s;order, to order the bu&s;ine&s;&s;es of the Common|wealth? What addre&s;&s;e or direction is there in an unruly and un|bridled multitude? what coun&s;ell or wi&s;dome, to manage the af|faires of State?</P>
<P>When we &s;peak of all the people, we under&s;tand by that, only <NOTE PLACE="marg">What is to be under|&s;tood by this word people.</NOTE> tho&s;e which hold their authority from the people, to wit, the Ma|gi&s;trates, which are inferiour to the King, and whom the people hath &s;ub&s;tituted, or e&s;tabli&s;hed, as it were Con&s;orts in the Empire, and with a kind of Tribunitiall authority, to re&s;train the encroach|ments of Sovereignty, and to repre&s;ent the whole body of the peo|ple. We under&s;tand al&s;o, the A&s;&s;embly of the E&s;tates, which is no|thing el&s;e but an Epitomy, or briefe collection of the Kingdome, to whom all publique affaires have &s;peciall and ab&s;olute reference, &s;uch were the Seventy Ancients in the Kingdome of <HI>I&s;rael,</HI> among&s;t whom the High Prie&s;t was as it were pre&s;ident, and they judged all matters of greate&s;t importance, tho&s;e &s;eventy being fir&s;t cho|&s;en
<PB N="29" REF="17"> by &s;ix 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 Provo&s;ts of Towns, the Captains of thou&s;ands, the Cen|turions and others which commanded over Families, the mo&s;t vali|ant noble and otherwaies notable per&s;onages, of whom was compo|&s;ed the body of the States, a&s;&s;embled divers times as it plainly appears by the words of the holy Scripture. At the election of the fir&s;t King which was <HI>Saul,</HI> all the Ancients of I&s;rael a&s;&s;embled together at <NOTE PLACE="marg">1 Sam. 1. 4.</NOTE> Rama. In like manner and all I&s;rael was a&s;&s;embled, or all <HI>Judah</HI> and <HI>Benjamin,</HI> &amp;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 greate&s;t and mo&s;t notable Lords, the Deputies of Pro|vinces, of whom the ordinary body of the E&s;tate is compo&s;ed, or the Parliament, or the Diet, or other A&s;&s;embly according to the different names u&s;ed in divers Countries of the world, in which A&s;&s;emblies the principall care is had both for the preventing and reforming either of di&s;order or detriment in Church or Common|wealth. For as the Coun&s;els of Ba&s;il and Con&s;tance have decreed (and well decreed) that the univer&s;al Councel is in Authoritie a|bove the Bi&s;hop of Rome. As in like manner the whole Chapter may over-rule the Bi&s;hop, the Vniver&s;itie, the Rector, the Court, the Pre&s;ident: Briefly he who&s;oever he is that hath received autho|ritie from a Company, is inferior ro that whole company, although he be &s;uperior to any of the particular Members of it. Al&s;o is it with|out any &s;cruple or doubt, that I&s;rael which demanded and e&s;tabli&s;h|ed a King as Governor of the Publick mu&s;t needs be above <HI>Saul</HI> e&s;tabli&s;hed at their reque&s;t, and for I&s;raels &s;ake as it &s;hall be more fully proved hereafter. And for &s;o much as an orderly proceeding is nece&s;&s;arily required in all affairs di&s;creetly addre&s;&s;ed, and that it is not &s;o probably hopefull that order &s;hall be ob&s;erved among&s;t &s;o great a number of people; yea, and that there oftentimes occurs oc|ca&s;ions which may not be communicated to a multitude, without manife&s;t danger of the Common-wealth. We &s;ay, that all that which hath been &s;poken 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 &s;aid of I&s;rael, is to be un|der&s;tood of the Princes and Elders of I&s;rael, to whom the&s;e things were granted and committed as the practice al&s;o hath verified.</P>
<P>The Queen <HI>Athalia</HI> after the death of her &s;on <HI>Ahazia</HI> King of <NOTE PLACE="marg"><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> Chron. 23.</NOTE>
<PB N="30" REF="18"> Judah, put to death all tho&s;e of the royal bloud, except little <HI>Joas,</HI> which being yet in the cradle was pre&s;erved by the piety and wi&s;e|dome of his Aunt <HI>Ieho&s;habeah. Athalia</HI> po&s;&s;e&s;&s;eth her &s;elf of the government, and reigned &s;ix year over Judah. It may well be the people murmured between their teeth, and dur&s;t not by rea&s;on of danger expre&s;s what they thought in their minds. Finally, <HI>Jehoida</HI> the High-Prie&s;t the husband of <HI>Jeho&s;habeah,</HI> having &s;ecretly made a league and combination with the chief men of the Kingdom, did a|noint and Crown King his Nephew <HI>Joas,</HI> being but &s;even year old, And he did not content him&s;elf to drive the Queen-Mother from the royal Throne, but he al&s;o put her to death, and pre&s;ently over|threw the Idolatry of <HI>Baal.</HI> This deed of <HI>Jehoiada</HI> is approved, and by good rea&s;on, for he took on him the defence of a good Cau&s;e, for he a&s;&s;ailed the Tyranny, and not the Kingdom. The Tyranny <NOTE PLACE="marg"><HI>Barto<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> de Tiran|n<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d.</HI> Deut. 17. 15.</NOTE> (I &s;ay) which had no Title, as our modern Civilians &s;peak. For by no Law were women admitted to the government of the Kingdom of <HI>Judah.</HI> Furthermore, that Tyranny was in vigor and practice: For <HI>Athalia</HI> had with unbounded mi&s;chief and cruelty invaded the Realme of her Nephews, and in the ad|mini&s;tration of that Government committed, infinite wicked|ne&s;s, and which was the wor&s;t of all, had ca&s;t off the &s;ervice of the the living God to adore and compel others with her the Idol of <HI>Ba|al.</HI> Therefore then was &s;he ju&s;tly puni&s;hed, and by him which had a lawful calling and authority to do it. For <HI>Jehoida</HI> was not a private and particular per&s;on, but the High-Prie&s;t, to whom the knowledge of civil cau&s;es did then belong: And be&s;ides he had for his A&s;&s;ociats the principal men of the Kingdom the Levites, and being him&s;elf the Kings kin&s;-man and ally. Now for &s;o much as he a&s;&s;embled not the e&s;tates at <HI>Mizpah</HI> according to the accu&s;tomed manner, he is not reproved for it, neither for that he con&s;ulted and contrived the mat|ter &s;ecretly, for that if he had held any other manner of proceeding, the bu&s;ine&s;s mu&s;t probably have &s;ailed in the execution and &s;ucce&s;s. <NOTE PLACE="marg">Bartol. in tract. de Guelph. &amp; Gibel.</NOTE></P>
<P>A combination or conjuration is good or ill according as the end whereunto it is addre&s;&s;ed is good or ill; and perhaps al&s;o according as they are affected which are the managers of it. We &s;ay then that the Princes of <HI>Judah</HI> have done well, and that in following any o|ther cour&s;e they had failed of the right way. For even as the guardi|an ought to take charge and care that the goods of his pupil fall not into lo&s;&s;e and detriment, and if he omit his duty therein, he may be compelled to give an account thereof: In like manner, tho&s;e to
<PB N="31" REF="18"> who&s;e cu&s;tody and tuition the people have committed them&s;elves, and whom they have con&s;tituted their Tutors and defenders ought to maintain them &s;afe &amp; intire in all their rights and priviledges. To be &s;hort as it is lawfull for a whole people to re&s;i&s;t and oppo&s;e Ty|ranny; <NOTE PLACE="marg">Vlp. l. 260. D. de reg. <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">ui.</NOTE> &s;o likewi&s;e the principal per&s;ons of the Kingdom, may as heads and for the good of the whole body confederate and a&s;&s;oci|ate them&s;elves together, and as in a publick State, that which is done by the greate&s;t part is e&s;teemed and taken as the act of all, &s;o in like manner mu&s;t it be &s;aid to be done which the better part of the mo&s;t principal have acted, briefly that all the people had their hand in it.</P>
<P>But here pre&s;ents it &s;elf another que&s;tion the which de&s;erves to <NOTE PLACE="marg">Whether part of a Kingdom may make re&s;i&s;tance.</NOTE> be con&s;idered, and amply debated in regard of the circum&s;tance of time. Let us put the ca&s;e that a King &s;eeking to aboli&s;h the Law of God, or ruine the Church, that all the people or the greate&s;t part yeild their con&s;ents, that all the Princes or the greate&s;t number of them make no reckoniug; and notwith&s;tanding, a &s;mall handfull of people, to wit, &s;ome of the Princes and Magi&s;trates de&s;ire to pre|&s;erve the Law of God entirely and inviolably, and to &s;erve the Lord purely: what may it be lawfull for them to do? if the King &s;eek to compel tho&s;e men to be Idolaters, ot will take from them the exerci&s;e of true religion? We &s;peak not here of private and par|ticular per&s;ons con&s;idered 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 &s;tones, the rafters, nor the rubbi&s;h are any part of the hou&s;e: but we &s;peak of &s;ome 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 hou&s;e. We &s;peak al&s;o of the Ma|gi&s;trate which governs &s;uch a Citie or Province. If we mu&s;t make our defence with producing of examples, although we have not many ready by rea&s;on of the backwardne&s;s and carele&s;ne&s;s of men when there is que&s;tion to maintain the &s;ervice of God: notwith|&s;tanding, we have &s;ome few to be examined and received accord|ing as they de&s;erve. <HI>Libna,</HI> a Town of the Prie&s;ts withdrew it <NOTE PLACE="marg">Iohn 21 13. 1 Chron. 6. 17. 2 Chron. 21. 10.</NOTE> &s;elf from the obedience of <HI>Joram</HI> King of <HI>Judah,</HI> and left that Prince, becau&s;e he had abandoned the God of his Fathers whom tho&s;e of that Town would &s;erve, and it may be they feared al&s;o le&s;t in the end they &s;hould be compelled to &s;acrifice to <HI>Baal.</HI> In like manner when that the King <HI>Antiochus</HI> commanded that all the Jews &s;hould imbrace his religion, and &s;hould for&s;ake that which the
<PB N="32" REF="19"> God Almighty had taught them, <HI>Mattathias</HI> an&s;wered, we will not <NOTE PLACE="marg">1 Mac 1. 43. &amp; 2. 22. &amp; 3. 43.</NOTE> obey, nor will we do any thing contrary to our religion, neither did he only &s;peak, but al&s;o being tran&s;ported with the zeal of <HI>Phineas,</HI> he killed with his own hands a Jew, which con&s;trained his fellow Citizens to &s;acrifice to Idols; then he took arms and retired into the mountain, gathered troups, and made war again&s;t <HI>Antiochu,</HI> for Religion, and for his Countrie with &s;uch &s;ucce&s;s, that he re|gained <HI>Ieru&s;alem,</HI> brok and brought to nothing the power of the Pagans which they had gathered to ruine the Church, and then re|e&s;tabli&s;hed the pure &s;ervice of God. If we will know who this <HI>Mat|thias</HI> was, he was the Father of the <HI>Machabees</HI> of the Tribe of <HI>Levi;</HI> in&s;omuch as it was not lawfull for him according to the re|ceived cu&s;tome and right of his race to re&s;tore the Kingdom by arms from the Tyranny of <HI>Antiochus.</HI> His followers were &s;uch as fled to the mountains together, with the inhabitants of <HI>Modin,</HI> to whom had adjoyned them&s;elves divers neighboring Jews, and other fugitives from &s;undry quarters of <HI>Iudeah;</HI> all which &s;olicitou&s;ly de|&s;ired the re-e&s;tabli&s;hment of the Church. Almo&s;t all the re&s;t, yea, the principals obeyed <HI>Antiochus,</HI> and that after the rout of his ar|my, and his own mi&s;erable death: Although there were then a fair <NOTE PLACE="marg">1 Mac. 6. 21. &amp;c.</NOTE> occa&s;ion to &s;hake off his yoke, yet the Jewes &s;ought to the &s;onne of <HI>Antiochus,</HI> and intreated him to take on him the Kingdom, promi|&s;ing him fidelity and obedience. I might here produce the exam|ple of <HI>Debora.</HI> The Lord God had &s;ubjected <HI>I&s;rael</HI> to <HI>Iabin</HI> King of <HI>Canaan,</HI> and they had remained in this &s;ervitude the &s;pace of twenty years, which might &s;eem in &s;ome &s;ort to have gained a right by pre&s;cription over the Kingdom; and together al&s;o that almo&s;t all <HI>I&s;rael</HI> followed after &s;trange gods. The principal and mo&s;t powerful Tribes, to wit, <HI>Reuben, Ephraim, Benjamin, Dan, A&s;her,</HI> and &s;ome others adhered wholly to <HI>Iabin.</HI> Yet notwith&s;tanding the Prophete&s;s <HI>Debora</HI> which judged <HI>I&s;rael,</HI> cau&s;ed the Tribes of <HI>Zebu|lon, Nephthalie,</HI> and <HI>I&s;&s;achar,</HI> or at the le&s;t &s;ome of all tho&s;e Tribes, to take arms under the conduct of <HI>Barac,</HI> and they overthrew <HI>Si|&s;era</HI> the Lieftenant of <HI>Iabin,</HI> and delivered <HI>I&s;rael,</HI> which had no thought of liberty, and was content to remain in bondage; and having &s;haken off the yoke of <HI>Canaaniets</HI> they re-e&s;tabli&s;hed the pure &s;ervice of the living God. But for &s;o much as <HI>Debora</HI> &s;eems to have an extraordinary vocation, and that the Scripture doth not approve in expre&s;&s;e terms the doings of them of <HI>Libna,</HI> al|though that in not di&s;allowing of their proceedings, it may &s;eem
<PB N="33" REF="19"> in &s;ome &s;ort to allow them, and for that the Hi&s;tory of the <HI>Ma|chabees</HI> hath had no great authoritie in the ancient Church and for that it is comonly held that an a&s;&s;ertion mu&s;t be proved by laws and te&s;timonies, not by examples, let us examine by the ef|fect what we ought to judge according to the right of the matter now in que&s;tion. We have formerly &s;aid that the King did &s;wear to keep the Law of God, and promi&s;e to the uttermo&s;t of his power to maintain the Church: that the people of <HI>I&s;rael</HI> con&s;idered in one body covenanting by the High-Prie&s;t, made the &s;ame promi&s;e to God. Now at this pre&s;ent we &s;ay, that all the Towns, and all the Magi&s;trates of the&s;e Towns which be parts and portions of the Kingdom, promi&s;e each of them in his own behalf, and in expre&s;s terms the which all Towns and Chri&s;tian Communalties have al&s;o done, although it have been but with a tacite con&s;ent. <HI>Io&s;hua</HI> be|ing <NOTE PLACE="marg">Io&s;uah <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">4.</NOTE> very old and near to his death, a&s;&s;embled all <HI>I&s;rael</HI> at <HI>Sichem</HI> in the pre&s;ence of God, to wit, before the Ark of the Covenant which was there. It is &s;aid 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 <HI>I&s;rael</HI> met together there, where they &s;wore to ob&s;erve and keep the Law of the Lord. and did willingly put on the yoke of the Almighty God: where|by it appears that the&s;e Magi&s;trates did oblige them&s;elves in the names of their Towns and Communalties which did &s;end them to take order that God &s;hould be &s;erved throughout the whole Countrie, according as he had revealed in his Law. And <HI>Jo&s;huah</HI> for his part having pa&s;&s;ed this contract of agreement between God and the people and inregi&s;tred the whole according as it was done, for a perpetual memorial of the matter he incontinently &s;et up a &s;tone.</P>
<P>If there were occa&s;ion to remove the Ark of the Lord, The <NOTE PLACE="marg">1 Chron. 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. 2 Chron. 3. 1 Kings 7. 1 Chron. 2<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. 2 Kings <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">. 2 Kings 23. 2 Chron. 23.</NOTE> principals of the Countrey and Towns, the Captains the Centu|rions, the Provo&s;ts, and others were &s;ummoned by the Decree and Commandment of <HI>David,</HI> and of the Synagogue of <HI>I&s;rael,</HI> if there be a purpo&s;e of building the Lords Temple, the &s;ame cour&s;e is ob|&s;erved. And to the end it be not &s;uppo&s;ed, that &s;ome alteration hath been in&s;erted after the creation of Kings: In the times of <HI>Joas</HI> and <HI>Jo&s;ias,</HI> when there was que&s;tion of renewing the Covenant between God and the People, all the E&s;tates met toge|ther, and all were bound and obliged particularly. Al&s;o not onely the King, but the Kingdome, and not onely all the Kingdome,
<PB N="34" REF="20"> but al&s;o all the Pa&s;tors of the Kingdom promi&s;e each of them for their &s;elves, fidelity and obedience to God. I &s;ay again, that not only the King and the People, but al&s;o all the Towns of I&s;rael, and their Magi&s;trates, oblige them&s;elves to God, and as homagers to their liege lord tie them&s;elves to be his for ever, with and again&s;t all men, for further proof of the afore&s;aid, I would entreat the Reader to dili|gently turn over the holy Bible, e&s;pecially in the books of the <HI>Kings</HI> and the <HI>Chronicles.</HI> But for a yet more ample explication of this matter, let us produce for example what is in practi&s;e at this day. In the Empire of <HI>Germany,</HI> when the Emperor is to be crowned, the Electors and Princes of the Empire, as well Secular as Eccle&s;ia&s;tical, meet together per&s;onally, or el&s;e &s;end their Amba&s;&s;adors. The Pre|lats, Earls, and Barons, and all the Deputies of the Imperial Towns, come thither al&s;o, or el&s;e &s;end &s;pecial Proxies; then do they their homage to the Emperor; either for them&s;elves, or for them whom they repre&s;ent, with and under certain conditions: Now let us pre&s;uppo&s;e that one of the&s;e which hath done homage volun|tarily, do afterwards endevour to depo&s;e the Emperor, and advance him&s;elf into his place, and that the Princes and Barons deny their Soveraign the &s;uccors and tribute which they owe him, and that they have intelligence with that other which con&s;pired and &s;ought to po&s;&s;e&s;s him&s;elf of the Imperial Throne: Think you that they of <HI>Straesborgh</HI> or of <HI>Nurembergh,</HI> which have bound them&s;elves by faith unto the lawful Emperor, have not lawful right to repre&s;s and exclude this trayterous Intruder? Yea, on the contrary, if they do it not, if they give not &s;uccors to the Emperor in this his nece&s;&s;ity, think you that they have &s;atisfied or performed their fealty and pro|mi&s;e, <NOTE PLACE="marg">L. 3. <HI>l. Omned e|lict. Sect. ult. D. de re<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">mil.</HI></NOTE> &s;eing that he which hath not pre&s;erved his Governour when he had means to do it, ought to be held as culpable and guilty, as he which offered the violence and injury unto him. If it be &s;o (as every one may &s;ufficiently &s;ee it is) is it not then lawful for the men of <HI>Libna</HI> and of <HI>Modin?</HI> and doth not their duty enjoyn them to do as much as if the other E&s;tates of the Kingdom have left God to who&s;e &s;ervice and plea&s;ure they know and acknowledge them&s;elves to be bound to render obedience. Let us imagine then &s;ome <HI>Ioram</HI> or <HI>Antiochus</HI> which aboli&s;heth true Religion, and lifts up him&s;elf a|bove God, that <HI>I&s;rael</HI> connives and is content, What &s;hould that Town do which de&s;ires to &s;erve God purely? Fir&s;t, they &s;hould &s;ay with <HI>Io&s;hua,</HI> for their parts, look whom you de&s;ire rather to <NOTE PLACE="marg">Io&s;h. 14. 15.</NOTE> obey, the living God, or the Gods of the Amorites, for our parts
<PB N="35" REF="20"> we and our Families will &s;erve the Lord. Chu&s;e you then I &s;ay, if you will obey in this point him, which without any right u&s;urps that power and authority which no way appertains unto him, for my part, hap what may, I will keep my faith to him to whom I promi&s;ed it. I make no que&s;tion but that <HI>Io&s;hua</HI> would have done the uttermo&s;t of his endeavour to maintain the pure &s;ervice of the living God in <HI>Thamnathe Serathe,</HI> a Town of <HI>Ephraim,</HI> where his hou&s;e and e&s;tate lay; if the I&s;raelites be&s;ides had &s;o much forgot them&s;elves as to have wor&s;hipped the god of the Amorites in the land of <HI>Canaan.</HI> But if the King &s;hould pa&s;s yet further, and &s;end his Lievtenants to compel us to become Idolaters, and if he commands us to drive God and his &s;ervice from among&s;t us; Shall we not rather &s;hut our gates again&s;t the King and his Officers, then drive out of our Town the Lord which is the King of kings? Let the Burge&s;&s;es and Citizens of Towns, Let the Magi&s;trates and Governours of the People of God dwelling in Towns, con|&s;ider with them&s;elves that they have contracted two Covenants, and taken two Oaths: The fir&s;t and mo&s;t ancient with God, to whom the People have &s;worn to be his people: the &s;econd and next following, with the King, to whom the people hath promi&s;ed obedience, as unto him which is the Governour and Conductor of the people of God. So then, as if a Vice-Roy con&s;piring again&s;t his Soveraign, although he had received from him an unlimitted authority, if he &s;hould &s;ummon us to deliver the King whom he held be&s;ieged within the inclo&s;ure of our walls, we ought not to o|bey him, but re&s;i&s;t with the uttermo&s;t of our power and means ac|cording to the tenour of our oath of Allegiance: In like manner think we that it is not a wickednes of all mo&s;t dete&s;table, if at the plea&s;ure of a Prince which is the va&s;&s;al and &s;ervant of God, we &s;hould drive God from dwelling among&s;t us, or deliver him (as far as in us <NOTE PLACE="marg">10 <HI>Collat de forma Fidei, &amp;c. 1. de <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> nova fidel. form.</HI></NOTE> lieth) into the hands of his enemies. You will &s;ay, it may be that the Towns appertain to the Prince. And I an&s;wer, that the Towns con&s;i&s;t not of a heap of &s;tones, but of that which we call people, that the people is the people of God, to whom they are fir&s;t bound by oath: and &s;econdly, to the King. For the Towns, although that the Kings have power over them, notwith&s;tanding the right of in|heritance of the Soyl belongs to the Citizens and Owners, for all that which is in a Kingdom, is indeed under the Dominion of the King, but not of his proper Patrimony: God in truth is the onely Lord propriator of all things, and it is of him that the King holds <NOTE PLACE="marg">Senec. <HI>l.</HI> 7. <HI>de Be|nef.</HI> c. 6, 7. &amp;c.</NOTE>
<PB N="36" REF="21"> his royalties, and the people their Patrimony. This is as much as to &s;ay, you will reply, that for the cau&s;e of Religion it &s;hall be law|ful for the &s;ubjects to revolt from the obedience of their King, if this be once granted, it will pre&s;ently open a gap to rebellion? But hearken I pray you patiently, and con&s;ider this matter more throughly: I might an&s;wer in a word, that of two things, if the one mu&s;t needs be done, it were much better to for&s;ake the King, then God; or with S. <HI>Augu&s;tine</HI> in his fourth book of the Ci|tie of God, chap. 4. and in the nineteenth book, and chapter the 21. That where there is no Ju&s;tice, there is no Common-wealth. That there is no Ju&s;tice, when he that is a mortal man would pull an other man out of the hands of the immortal God, to make him a &s;lave of the devil, &s;eing that Ju&s;tice is a vertue that gives to every one that which is his own, and that tho&s;e which draw their necks out of the yoke of &s;uch Rulers, deliver them&s;elves from the Tyrannie of wicked &s;pirits, and abandon a multitude of robbers, and not the Common-wealth. But to re-a&s;&s;ume this di&s;cour&s;e a little higher, tho&s;e which &s;hall carry them&s;elves as hath been formerly &s;aid, &s;eem no waies accu&s;able of the crime of revolt. Tho&s;e are &s;aid proper|ly to quit the King or the Common-wealth, which with the heart and purpo&s;e of an Enemy withdraw them&s;elves from the obedience of the King or the Commonwealth, by means whereof they are ju&s;tly accounted adver&s;aries, and are oftentimes much more to be feared then any other enemies. But tho&s;e of whom we now &s;peak, do nothing re&s;emble them. Fir&s;t they do in no &s;ort refu&s;e to obey, provided that they be commanded that which they may lawfully <NOTE PLACE="marg">L 5. D. de cap. minut.</NOTE> do, and that it be not again&s;t the honour of God. They pay wil|lingly the Taxes, Cu&s;toms, Impo&s;ts, and ordinary payments, provi|ded that with the&s;e they &s;eek not to aboli&s;h the tribute which they ow unto God. They obey <HI>Cae&s;ar</HI> while he commands in the quality of <HI>Cae&s;ar:</HI> but when <HI>Cae&s;ar</HI> pa&s;&s;eth his bounds, when he u&s;urps that Dominion which is none of his own, when he endeavours to a&s;&s;ail the Throne of God, when he wars again&s;t the &s;overaign Lord both of him&s;elf and the people; they then e&s;teem it rea&s;onable not to obey <HI>Cae&s;ar:</HI> and yet after this to &s;peak properly, they do no acts of ho&s;tility. He is properly an enemie which &s;tirs up, which pro|vokes another, which out of military in&s;olencie prepareth and &s;eteth forth parties to war. They have been urged and a&s;&s;ailed by open war, and clo&s;e and trecherous &s;urpri&s;alls: when death and de&s;tructi|on environs them round about, then they take armes, and wade
<PB N="37" REF="21"> their enemies a&s;&s;aults: you cannot have Place with your enemies when you will; for if you lay down your weapons, if you give over making Warre they will not for all that di&s;arme them&s;elves, and loo&s;e their ad|vantage. But for the&s;e men, de&s;ire but place and you have it, give over but a&s;&s;ayling them, and they wil lay down their Armes, cea&s;e to fight again&s;t God, and they will pre&s;ently leave the li&s;ts, will you take their Swords out of their hands? ab&s;teyne you only then from &s;tricking, &s;eeing they are not the a&s;&s;aylants, but the defendants, &s;heath your Sword, and they will pre&s;ently ca&s;t their Buckler on the ground, which hath been the rea|&s;on that they have been often &s;urprized by perfideous atribu&s;cadoes, whereof the&s;e our times have afforded over frequent examples. Now as we cannot call that &s;ervant &s;tuborne or a fugitive, which puts by the blow, which his Lord &s;tricks at him with his Sword, or which with|drawes or hides him&s;elfe from his Ma&s;ters fury, or &s;huts his Chamber dore upon him, untill his cole<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> land heate be pa&s;&s;edover, much le&s;&s;e ought we to e&s;teeme tho&s;e &s;editions, which (holding the name and place of Servants and &s;ubjects) &s;hut the gates of a City again&s;t their Prince, tran&s;ported with anger, being ready to do all his ju&s;t Commanddements, after he hath recovered his judgement, and related his former indigna|tion; we mu&s;t place in this rank, <HI>David</HI> Commander of the Army of <NOTE PLACE="marg">1 <HI>Sam.</HI> 21. 22. 2 <HI>Sam.</HI> 25. 28.</NOTE> <HI>I&s;rael,</HI> under <HI>Saul,</HI> a furious King. <HI>David</HI> oppre&s;&s;ed with Calumnies and fal&s;e Taxations, watched and way-layed from all parts, he retired unto, and defended him&s;elfe in unacce&s;&s;ible Mountaines, and provided for his defence to oppo&s;e the walles of <HI>Ceila</HI> again&s;t the fury of the King, yea, he drew unto his party all tho&s;e that he could, not to take away <HI>Saules</HI> life from him, as it plainly appeared afterwards; but to defend his own Cau&s;e: &s;ee wherefore <HI>Ionathan</HI> the Sonne of <HI>Saul,</HI> made no difficulty, to make alliance with <HI>David,</HI> and to renew it from time to time; the which is called the Alliance of the Almighty. And <HI>Abbigall</HI> &s;aith in expre&s;&s;o words, that <HI>David</HI> was wrongfully a&s;&s;ayled, and that he made the War of God. We mu&s;t al&s;o place in this rank the Machabees; which having <NOTE PLACE="marg"><HI>Macha.</HI> 6. 60. &amp;c.</NOTE> good meanes to maintaine Warres, were content to receive peace from King <HI>Demetrius,</HI> and others, which <HI>Antiochus</HI> had offered them before, becau&s;e by it, they &s;hould be &s;ecured in the free profe&s;&s;ion and exerci&s;e of their Religion. We may remember that tho&s;e which in our times have fought for true Religion again&s;t <HI>Antichri&s;t,</HI> both in <HI>Germanie</HI> and <HI>France,</HI> have laid down Armes as &s;oone as it was permitted them to &s;erve God truely according to his Ordinance, and oftentimes having fayre meanes and occa&s;ion to advance and continue the War to their much advantage: as had <HI>David</HI> and the <HI>Machabees,</HI> where the <HI>Phili&s;tins</HI> con&s;trained <HI>Saul</HI> to
<PB N="38" REF="22"> leave <HI>David</HI> to looke to his own defence, and tho&s;e Cloudes of neigh|bouring enemies in <HI>Antiochus,</HI> &s;aw ready to di&s;&s;clue upon his head, hinder|ed him al&s;o from further pur&s;uing the <HI>Machabees.</HI> See then the markes which di&s;tingui&s;h and &s;eparate &s;ufficiently, tho&s;e of whom we &s;peak from Rebels or &s;editions.</P>
<P>But let us yet &s;ee other evident Te&s;timonies of the equity of their cau&s;e; for their defection is of that nature, that take but away the occa&s;ion, if &s;ome extreame nece&s;&s;ity compell not the contrary, they pre&s;ently return to their former condition, and then you cannot properly &s;ay, they &s;epa|rated them&s;elves from the King, or the Communality; but that they left <HI>Ioram,</HI> and <HI>Antiochus,</HI> or if you will, the Tyranny and unlawfull pow|er of one alone, or if divers particulers, which had no authority nor right to exact obedience in the &s;ame manner, as they commanded. The Sorbo|ni&s;ts Doctors have taught us the like &s;undry times: whereof we will al|ledge &s;ome examples.</P>
<P>About the year 1300. Pope <HI>Boniface</HI> the 8 &s;eeking to appropriate to his <NOTE PLACE="marg">Annales Franciae. Archiva Camerae Ratioci|morum. Lutetiae.</NOTE> Sea, the copalties that belonged to the Crown of <HI>France: Philip</HI> the faire, the then King, doth taunt him &s;omwhat &s;harply: the tenor of who&s;e care letters are the&s;e.</P>
<P><HI>Philip by the Grace of God, King of the French, to Boniface,</HI> calling him&s;elfe Soveraign Bi&s;hop, little or no health at all.</P>
<P>Be it known to the great fooli&s;hne&s;&s;e and unbounded ra&s;hne&s;&s;e, that in temporall matters we have only God for our &s;uperiour, and that the vacancy of certain Churches, and pretends belongs to us by copall prero|gative, and that it appertaines to us onely to gather the fruites, and wee will defend the po&s;&s;e&s;&s;ion thereof again&s;t all oppo&s;ers, with the edge of our Swords, accounting them fooles, and without braynes that hold a contrary opinion. In tho&s;e times all men acknowledged the Pope for Gods Vicar on earth, and head of the univer&s;al Church: In&s;omuch, that (as it is &s;aid) common errour went in&s;tead of a Law, notwith&s;tanding the Sorboni&s;ts being a&s;&s;embled, and demanded, made an&s;wer, that the <NOTE PLACE="marg">L. <HI>Par|ber, Philip D. de Senat.</HI></NOTE> King and the Kingdom might fal&s;ly without blame or danger of &s;chi&s;me, exempt them&s;elves from his obedience, and flatly refu&s;e that, which the Pope demanded; for &s;o much as it is not the &s;eparation: but the cau&s;e which makes the &s;chi&s;me, and if there were &s;chi&s;me, it &s;hould be only in &s;eparating from <HI>Boniface,</HI> and not from the Church, nor from the Pope, and that there was no danger nor offence in &s;o remaining untill &s;ome ho|ne&s;t man were cho&s;en Pope. Every one knowes into what perplexities, the con&s;ciences of a whole Kingdom would fall, which held them&s;elves &s;eparated from the Church, if this di&s;tinction be not true. I would de|mand
<PB N="39" REF="22"> now, if it be not yet more lawfull to make u&s;e of this di&s;tinction, when a King invades and incroacheth on the juri&s;diction of God, and oppre&s;&s;eth with hand &s;ervitude, the &s;cales dearly bought with the preti|ous blood of <HI>Je&s;us Chri&s;t.</HI> Let us adde another example.</P>
<P>In the year of our Lord 2408. when Pope <HI>Benedict</HI> the 13. did oppo&s;e the <HI>French</HI> Church by tributes, and exactions, the Clergy a&s;&s;embled; by the Command of King <HI>Charles</HI> the 6. decreed: that the King and Inhabitants <NOTE PLACE="marg">Annales of France mon&s;tre|let.</NOTE> of the Kingdom, ought not to obey <HI>Benedict,</HI> which was an Heritick, a &s;chi&s;matick, and altogether unworthy of that dignity: the which the E|&s;tates of the Kingdom approved, and the Parliament of <HI>Paris</HI> confirmed by a decree. The &s;ame Clergy al&s;o ordained that tho&s;e which had been excommunicated by that Pope: as for&s;akers and enemies of the Church, &s;hould be pre&s;ently ab&s;olved, nullifying all &s;uch excommunications, and this hath been practi&s;ed not in <HI>France</HI> onely, but in other places al&s;o: as Hi&s;tories do credibly report. The which gives us ju&s;t occa&s;io<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">o&s;t per|&s;picuou&s;ly to &s;ee and know, that if he which holds the place of a Prince do govern ill, there may be a &s;eparation from him without incurring ju&s;tly the blame of revolt; for that they are things in them&s;elves directly contrary, to leave a bad Pope, and for&s;ake the Church, a wicked King, and the Kingdom. To returne to tho&s;e of <HI>Lobna,</HI> they &s;eeme to have fol|lowed <NOTE PLACE="marg">2 <HI>Kings</HI> 19. 8.</NOTE> this before remembred expedient; for after the ree&s;tabli&s;hment of the &s;ervice of God, they pre&s;ently became again the &s;ubjects of King <HI>E|zekias.</HI> And if ti is di&s;tinction be allowed place, when a Pope incroacheth on the rights of any Prince, which notwith&s;tanding in &s;ome ca&s;es ac|knowledgeth him for his Soveraign: Is it not much more allowable, if a Prince which is a Va&s;&s;all in that re&s;pect, endeavours to a&s;&s;ure and ap|propriate to him&s;elfe the rights of God. Let us conclude then to end this di&s;cour&s;e, that all the people by the authority of tho&s;e, into who&s;e hands they have committed their Power, or divers of them may, and ought to <NOTE PLACE="marg">Extrau. de majo. &amp; obed.</NOTE> reprove and repre&s;&s;e a Prince, which Commands things again&s;t God. In like manner, that all, or at the lea&s;t, the principalls of Provinces or Towns, under the authority of the chiefe Magi&s;trates, e&s;tabli&s;hed fir&s;t by God, and &s;econdly by the Prince, may according to Law and rea&s;on, hinder the entrance of Idolatry, within the inclo&s;ure 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 ju&s;tly incur the penaltie of High-Trea&s;on again&s;t the Divine Maje&s;ty.</P>
<DIV3 TYPE="part">
<HEAD>Whether private men may re&s;i&s;t by Armes.</HEAD>
<P>It remaines now that we &s;peak of particulers which are private per|&s;ons.
<PB N="40" REF="23"> Fir&s;t, particulars or private per&s;ons, are not bound to take up arms gain&s;t the Prince which would compell them to become Idolaters. The <NOTE PLACE="marg">L. &s;icut 7, 5. 1. D. qu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d cuju&s;que <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">niven&s;.</NOTE> Cove-nant betweene God &amp; all the people who promi&s;e to be the peo|ple of God, doth not in any &s;ort bind them to that; for as that which belongs to the whole vniver&s;all body, is in no &s;ort proper to particulars: &s;o in like manner that which the body owes and is bound to performe, cannot by any &s;encible rea&s;on be required of particular per&s;ons: nei|ther doth their duty any thing obliege them to it; for every one is bound to &s;erve God in that proper vocation, to which this called. Now pri|vate per&s;ons they have no power, they have no publik command, nor a|ny calling to un&s;heath the &s;word of authority; And therefore as God hath not put the &s;word into the hands of privat men: &s;o doth he not re|quire in any &s;ort that they &s;hould &s;trike with it. It is &s;aid to them, <HI>put up thy &s;word into thy &s;cabberd.</HI> On the contrary the Apo&s;tle &s;aies of Ma|je&s;trates, <NOTE PLACE="marg"><HI>Mat.</HI> 26 52. <HI>Rom.</HI> 13. 4.</NOTE> they carry not the &s;word in vaine; If particuler men draw it forth, they make them&s;elves Delinquents; If Maje&s;trates be &s;low and ne|gligent to u&s;e it when ju&s;t occa&s;ion is offered, they are likewi&s;e ju&s;tly blameable of negligence in performing their duties, and equally guilty with the former. But you will &s;ay unto me, hath not God made a Cove|nant, as well with particular per&s;ons as with the generality, with the lea&s;t as well as the hige&s;t? To what purpo&s;e was Circumci&s;ion, and Bap|ti&s;me ordained? What meaneth that frequent repetition of the Cove|nant in &s;o many pa&s;&s;ages of holy writ? All this is true, but the con&s;ide|ration hereof is divers in their &s;everall kinds; For as all the &s;ubjects of a good and faithfull Prince, of what degree &s;oever they be are bound to obey him; but &s;ome of them notwith&s;tanding have their particuler duty, as Mage&s;trates mu&s;t hold others in obedience, in like manner all men are bound to &s;erve God; bnt &s;ome as they are placed in a higher rancke, have received greater authority in &s;o much as they are accountable for the offences of others, if they attend not the charges of the Communalty carefully.</P>
<P>The Kings, the Communalties of people, the Maje&s;trates into who&s;e hands the whole body of the Common-wealth hath committed the &s;word of authority, mu&s;t and onght to take care that the Church be maintained and pre&s;erved, particulars ought only to looke that they ren|der them&s;elves members of this Church. Kings and popular E&s;tates are bound to hinder the pollution or ruine of the Temple of God, &amp; ought to free and defend it from all corruption within, and all injury from without. Private men mu&s;t take order that their bodies the Temples of of God, be pure, that they may be fit recptacles for the Holy-ghoa&s;t to
<PB N="41" REF="23"> dwell in them. If any man defile the Temple of God, &s;aith the Apo&s;tle, him <NOTE PLACE="marg">1 <HI>Cor.</HI> 3. 17. &amp; 6. 19.</NOTE> &s;hall God de&s;troy; for the Temple of God is holy, which Temple ye are, to the former he gives the &s;word, which they beare with authority: to the other he recommends the &s;word of the &s;pirit only, to wit, the word of God, wherewith St. <HI>Paul</HI> armes all Chri&s;tians, again&s;t the a&s;&s;aults of the <NOTE PLACE="marg"><HI>Ephe&s;.</HI> 6. 17.</NOTE> Divell, what &s;hall then private men do? if the King will con&s;traine them to &s;erve Idolls? If the Magi&s;trates into who&s;e hands the people hath con|&s;igned their authority, or if the Magi&s;trates of the place, where the&s;e par|ticulers dwell, do oppo&s;e the&s;e proceedings of the King: let them in Gods name obey their leaders, and imploy all their meanes (as in the &s;ervice of God) to ayd the holy and commendable enterpri&s;es of tho&s;e, which op|po&s;e them&s;elves lawfully, again&s;t his wicked intention. Among&s;t others, they have the examples of the Centurions, and men at armes, which readi|ly and cheerfully obeyed the Princes of <HI>Iuda,</HI> who &s;tirred up by <HI>Iehoydas,</HI> purged the Church from all prophanation, &amp; delivered the Kingdom from the tyranny of <HI>Athiliah.</HI> But if the Princes, and Magi&s;trates, approve the cour&s;es of an outragious and irreligious Prince, or if they do not re&s;i&s;t him, we mu&s;t lend our eares to the Councell of Je&s;us Chri&s;t, to wit, to retire <NOTE PLACE="marg"><HI>Mat.</HI> 10. 23.</NOTE> our &s;elves into &s;ome other place; we have the example of the faithfull mixed among&s;t the 10. Tribes of I&s;rael, who &s;eeing the true &s;ervice of God aboli&s;hed by <HI>Ieroboam,</HI> and that none made any accompt of it, they reti|red <NOTE PLACE="marg">2 <HI>Chron.</HI> 11. 13. &amp; 15. 9. <HI>Heb.</HI> 6. 6. <HI>Mat.</HI> 10. 28. <HI>Exod.</HI> 12. &amp;c. <HI>Iud.</HI> 3. 16. 2 <HI>Kings</HI> 9.</NOTE> them&s;elves into the territories of <HI>Iuda,</HI> where Religion remained in her purity: let us rather for&s;ake our livelihoods and lives, then God, let us rather be crucified our &s;elves, then crucifie the Lord of life: feare not them (&s;aith the Lord) which can only kill the body. He him&s;elfe, his Apo&s;tles, and an infinite number of Chri&s;tian martirs, have taught us this by their examples; &s;hall it not then be permitted to any private per&s;on to re&s;i&s;t by Armes? what &s;hall we &s;ay of <HI>Mo&s;es,</HI> which lead <HI>I&s;rael</HI> away in de&s;pite of King <HI>Pharoah?</HI> And of <HI>Ehua,</HI> which after 10. years &s;ervitude, when I&s;rael might &s;eeme to belong by right of pre&s;cription, to him which held the po&s;&s;e&s;&s;ion thereof, he killed <HI>Eglon,</HI> the King of <HI>Moab,</HI> and delivered <HI>I&s;rael</HI> from the yoak of the <HI>Moabites,</HI> and of <HI>Iohu,</HI> which put to death his Lord the King <HI>Ioram,</HI> exterpated the race of <HI>Ahab,</HI> and di&s;troyed the Prie&s;ts of <HI>Baall,</HI> were not the&s;e particulers? I an&s;wer, that if they be con&s;idered in them&s;elves, they may well be accounted particuler per&s;ons, in&s;omuch as they had not any ordinary vocation; But, &s;eeing that we know that they were called extraordinarily, and that God him&s;elfe hath (if we may &s;o &s;peak) put his &s;word into their hands, be it far from us to account them particuler or private per&s;ons, but rather let us e&s;teeme them by many de|grees, excelling any ordinary Magi&s;trates what&s;oever. The calling of <HI>Mo&s;es</HI>
<PB N="42" REF="24"> is approved by the expre&s;&s;e word of God, and by mo&s;t evident miracles, it is &s;aid of <HI>Ehud,</HI> that God &s;tirred him up to kill the Tyrant, and deliver <HI>I&s;rael;</HI> for <HI>Iehu,</HI> he was anointed by the Commandement of the Prophet <HI>Elizeus,</HI> for to roote out the race of <HI>Ahab,</HI> be&s;ides, that the principall men &s;aluted him King, before he executed any thing. There may as much be &s;aid of all the re&s;t, who&s;e examples are propounded in holy writ. But where God Almighty doth not &s;peak with his own mouth, nor extraor|dinarily by his Prophets, it is there that we ought to be exceeding cau|tious, and to &s;tand upon our guards; for if any &s;uppo&s;ing he is in&s;pired by the Holy-Gho&s;t, do attribute to him&s;elfe the before mentioned authori|ty, I would intreat him to looke that he be not puffed up with vaine glo|ry, and lea&s;t he make not a God to him&s;elfe of his own fancy, and &s;acri|fice to his own inventions, let him not then be conceived with vanity, lea&s;t in&s;tead of fruite he bring forth deluding lies. Let the people al&s;o be advi&s;ed on their parts, lea&s;t in de&s;iring to fight under the Banner of Je&s;us Chri&s;t, they run not to their own confu&s;ion to follow the Army of &s;ome Gallilean Thendas, or of <HI>Barcezha:</HI> as it happened to the Pe&s;ants and A|nabapti&s;ts of <HI>Mun&s;ter,</HI> in <HI>Germany,</HI> in the year 1323. I will not &s;ay, not|with&s;tanding that the &s;ame God which to puni&s;h our offences, hath &s;ent us in the&s;e our dayes, both <HI>Pharoes</HI> and <HI>Ahabs,</HI> may not &s;ometimes rai&s;e up extraordinary deliverances to his people: certainly his ju&s;tice and his mercy continue to all ages, firme and immutable. Now if the&s;e vi&s;ible miracles appear not as in former times; we may yet at the lea&s;t full by the effects that God workes miraculou&s;ly in our hearts, which is when we have our minds free from all ambition, a true and earne&s;t <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">eale, a right knowledge, and con&s;cience; lea&s;t being guided by the &s;pirit of er|rour or ambition, we rather make Idolls of our own immaginations, then &s;erve and wor&s;hip the true and living God.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>Whether it be lawfull to take Armes for Religion.</HEAD>
<P>Furthermore to take away all &s;cruple, we mu&s;t nece&s;&s;arily an&s;wer, tho&s;e which e&s;teeme, or el&s;e would, that others &s;hould think they hold that o|pinion, that the Church ought not to be defended by Armes. They &s;ay with all that, it was not without a great My&s;terie, that God did forbid in <NOTE PLACE="marg"><HI>Exod.</HI> 20. 25. <HI>Deut.</HI> 27. 3. 1 <HI>Kings</HI> 6. 7</NOTE> the Law, that the Alter &s;hould be made or adorned with the helpe of a|ny toole of Iron; in like manner, that at the building of the Temple of <HI>Solamon:</HI> there was not heard any noy&s;e of Axe or Hammer, or other tooles of Iron; from whence they collect that the Church which is the lively Temple of the Lord, ought not to be reformed by Armes; yea, as if the &s;tones of the Alter, and of the Temple, were <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ewed and taken out of the quarries without any in&s;trument of Iron, which the text of the holy
<PB N="43" REF="24"> Scripture doth &s;ufficiently cleare. But if we oppo&s;e to this goodly Allego|ry, that which is written in the fourth Chapter of the book of <HI>Nehemi|ah,</HI> that one part of the people, caried morter, and another part &s;tood rea|dy with their weapons, that &s;ome held in one hand their &s;words, and with the other carried the materialls to the workmen, for the rebuilding of the Temple: to the end, by this meanes to prevent their enemies from ruining their work, we &s;ay al&s;o that the Church, is neither advanced, nor edified by the&s;e materiall weapons; but by the&s;e armes it is warranted, and pre&s;erved from the violence of the enemies, which will not by any meanes endure the increa&s;e of i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. Briefly, there hath been an infinite number of good Kings and Princes, (as Hi&s;tories do te&s;tifie, which by Arms: have maintained and defended the &s;ervice of God again&s;t Pagans. They reply readily to this, that Warres in this manner were allowable under the Law&punc; but &s;ince the time that grace hath been offered by Je&s;us Chri&s;t, who would not enter into <HI>Ieru&s;alem</HI> mounted on a brave hor&s;e; but meekly &s;itting on an a&s;&s;e: this manner of proceeding hath had an end, I an&s;wer fir&s;t, that all agree with me in this, that our Saviour Chri&s;t during all the time that he conver&s;ed in this world, tooke not on him the Office of a Judge, or King; but rather of a private per&s;on, and a Delinquent by imputation of our tran&s;gre&s;&s;ions: &s;o that it is an allegati|on be&s;ides the purpo&s;e, to &s;ay that he hath not managed Armes. But I would willingly demand of &s;uch exceptioni&s;ts: whether they think that by the coming of Je&s;us Chri&s;t in the fle&s;h, that Magi&s;trates have lo&s;t their right in the &s;word of Authority? If they &s;ay &s;o, Saint <HI>Paul</HI> contradicts them, who &s;aies that the Magi|&s;tates carries not the &s;word in vaine, and did not refu&s;e their a&s;si&s;tance <NOTE PLACE="marg"><HI>Rom.</HI> 13 4. <HI>Acts</HI> 23. 17.</NOTE> and power, again&s;t the violence of tho&s;e which had con&s;pired his death. And if they con&s;ent to the &s;aying of the Apo&s;tle to what purpo&s;e &s;hould the Mage&s;trates beate the &s;word, if it be not to &s;erve God, who hath com|mitted it to them, to defend the good and puni&s;h the bad? Can they doe better &s;ervice then to pre&s;erve the Church from the violence of the wicked, &amp; to deliver the flock of Chri&s;t, from the &s;words of murtherers? I would demaund of them yet, whether they think that all u&s;e of Arms is forbiden to Chri&s;tians? If this be their opinion, then would I know of them, wherefore Chri&s;t did graunt to the Centurian his reque&s;t? Wherefore did he give <NOTE PLACE="marg"><HI>Matt.</HI> 8. 9. 13. <HI>Luc.</HI> 3. 14. <HI>Act.</HI> 10. 47.</NOTE> &s;o excelent a te&s;timony of him? wherefore doth St. <HI>Iohn</HI> Bapti&s;t command the men at Armes to content them&s;elves with their pay, and not to u&s;e a|ny extortion and doth not rather per&s;wade them to leave their <GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">ing? Wherefore did Saint <HI>Peter</HI> Baptize <HI>Cornellus</HI> the Centurian who was the fir&s;t fruits of the Gentiles? From whence comes it that he did not in any
<PB N="44" REF="25"> &s;ort what&s;oever councell him to leave his charge? Now if to bear arms &amp; to make war be a thing lawfull, can there po&s;&s;ibly be found any war more ju&s;t, then that which is taken in hand by the command of the &s;uperiour, for the defence of the Church, and the pre&s;ervation of the faithfull? Is there any greater tirany, then that which is excerci&s;ed over the &s;oul? Can there be imagined a war more commendable then that which &s;uppre&s;&s;eth &s;uch a tyrany? For the la&s;t point, I would willingly know of the&s;e men, whe|ther it be ab&s;olutely prohibited Chri&s;tians, to make war upon any oc|ca&s;ion what&s;oever? If they &s;ay that it is forbidden them: from whence comes it then that the men at Armes, Captains, and Centurions, which had no other imployment; but the managing of Armes were alwayes re|ceived into the Church? wherefore do the ancient Fathers, and Chri&s;tian Hi&s;torians make &s;o horrible mention, of certain legions compo&s;ed whol|ly of Chri&s;tian Souldiers, and among&s;t others of that of <HI>Malta,</HI> &s;o re|nowned; for the victory which they obteyned, and of that of <HI>Thebes,</HI> of the which St. <HI>Mauricious</HI> was Generall, who &s;uffered martirdom toge|ther with all his Troopes, for the confe&s;&s;ing of the name of Je&s;us Chri&s;t? And if it be permitted to make warre (as it may be they will confe&s;&s;e) to keepe the limmits and Townes of a Countrie, and to repul&s;e an inva|ding enemy: Is it not yet a thing much more rea&s;onable, to take Armes to pre&s;erve and defend hone&s;t men, to &s;uppre&s;&s;e the wicked, and to keepe and defend the limmits and bounds of the Church, which is the King|dom of Je&s;us Chri&s;t? if it were otherwayes, to what purpo&s;e? &s;hould St. <HI>Iohn</HI> have foretold, that the whore of <HI>Babylon,</HI> &s;hall be finally ruined by <NOTE PLACE="marg"><HI>Apoc.</HI> 27. 26.</NOTE> the 10. Kings, whom &s;he hath bewitched? furthermore, if we h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ld a con|trary opinion, what &s;hall we &s;ay of the wares of <HI>Con&s;tantine,</HI> again&s;t <HI>Maxentius,</HI> and <HI>Licinius,</HI> celebrated by &s;o many publick orations, and approved by the Te&s;timony of an infinite number of learned men, what opinion &s;hould we hold of the many voyages, made by Chri&s;tian Princes, again&s;t the Turkes and Sarazins to conquer the holy Land, who had not, or at the lea&s;t, ought not to have had, any other end in their de&s;ignes; but to binder the enemy from ruining the Temple of the Land, and to re|&s;tore the integrity of his &s;ervice into tho&s;e Countries. Although then that the Church be not increa&s;ed by Armes, notwith&s;tanding it may be ju&s;tly pre&s;erved by the meanes of Armes; I &s;ay further, that tho&s;e that dye in &s;o holy a war, are no le&s;&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> the Martyrs of Je&s;us Chri&s;t, then their brethren which were put to death for Religion; nay, they which dye in that war &s;eeme to have this inadvantage, that with a free will &amp; know|ing &s;ufficiently hazard, into which they ca&s;t them&s;elves, notwith&s;tan|ding, do couragiou&s;ly expo&s;e their lives to death and danger, whereas
<PB N="45" REF="25"> other do only not refu&s;e death, when it behoveth them to &s;uffer. The <HI>Turkes</HI> &s;trive to advance their opinion by the meanes of Armes, and if they do &s;ub|due a Country, they pre&s;ently bringin by force the impieties of <HI>Mahomet;</HI> who in his Alcoran, hath &s;o recommended Armes: as they are not a&s;hamed to &s;ay it is the ready way to Heaven, yet do the <HI>Turkes</HI> con&s;train no man in matter of con&s;cierce. But he which is a much greater adver&s;ary to Chri&s;t, and true Religion, with all tho&s;e Kings whom he hath inchanted, oppo&s;eth fire and fagots, to the light of the Go&s;pel, to<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">tures the word of God, com|pelling by wracking, and torments, as much as in him lieth: all men to be|come Idolaters, and finally is not a&s;hamed, to advance and maintain their faith and law by perfideous di&s;loyalty, and their traditions by continuall tray&s;ons. Now on the contrary, tho&s;e good Princes and Magi&s;trates, are &s;aid properly to defend them&s;elves, which invirone and fortifie by all their meanes and indu&s;try the vine of Chri&s;t, already planted, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">o be planted in pla|ces where it hath not yet been, lea&s;t the wild boore of the Forre&s;t &s;hould &s;p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">yl<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> or devoure it: They do this (I &s;ay) in covering with their Buckler, and defending with their &s;word, tho&s;e which by the preaching of the Go&s;pel have been converted to true Religion, and in fortifying with their be&s;t abi|lity, by <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">avelin<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, ditches, and rampers the Temple of God built with lively &s;tones, untill it Have attained the full height, in de&s;pite of all the furious a&s;|&s;aul<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s of the enemies thereof, we have lengthened out this di&s;cour&s;e thus far, to the end, we might take away all &s;cruple concerning this que&s;tion. Set then the E&s;tates, and all the Officers of a Kingdom, or the greate&s;t part of them, every one e&s;tabli&s;hed in authority by the people: know, that if they containe not within his bounds (or at the lea&s;t, imploy not the utmo&s;t of their endeavours thereto) a King that &s;eekes to corrupt the Law of God, or hinders the ree&s;tabli&s;hment thereof, that they offend grievou&s;ly again&s;t the Lord, with whom they have contracted Covenants upon tho&s;e conditions: Tho&s;e of a Town, or of a Province, making a portion of a Kingdom, let them know al&s;o, that they draw upon them&s;elves the judgement of God, if they drive not impiety out of their walls and confines, if the King &s;eeke to bring it in, or if they be wanting to pre&s;erve by all meanes, the pure Doctrine of the Go&s;pel, although for the defence thereof, they &s;uffer for a time banni&s;h|ment, or any other mi&s;ery. Finally, more private men mu&s;t be all adverti&s;ed, that nothing can excu&s;e them, if they obey any in that which offends God, and that yet they have no right nor warrant, neither may in any &s;ort by their private authority take armes, if it appear not mo&s;t evidently, that they have extraordinary vocation thereunto, all which our di&s;cour&s;e will &s;uppo&s;e we have confirmed by pregnant Te&s;timonies drawn from holy writ.</P>
</DIV3>
</DIV2>
<DIV2 N="3" TYPE="section">
<PB N="46" REF="26">
<HEAD>THE THIRD QUESTION. <HI>Whether it be lawfull to re&s;i&s;t a Prince which doth oppre&s;&s;e or ruine a publike State, and how far &s;uch re&s;i&s;tance may be extended, by whom, how, and by what right, or law it is permitted.</HI></HEAD>
<P>FOr &s;o much as we mu&s;t here di&s;pute of the lawfull authoritie of a law|full Prince, I am confident that this que&s;tion will be the le&s;&s;e acceptable to Tirants, and wicked Princes; for it is no marvell if tho&s;e which receive no law, but what their own will, and fancie dictates unto them, be deafe unto the voyce of that law wich is grounded upon rea&s;on. Bu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> I per&s;wade my &s;elfe that good Princes will willingly entertaine this di&s;cour&s;e, in&s;o|much as they &s;ufficiently know that all Magi&s;trates, be they of never &s;o high a rancke, are but an inanimated and &s;peaking law, neither though any thing bee pre&s;&s;ed home again&s;t the bad, can it fall within any inference again&s;t the good. Tirants and Kings, as al&s;o good and bad Princes are in a direct di|ametre oppo&s;i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e and contrarie; therefore that which &s;hall be urged again&s;t Tirants, is &s;o farre from detracting any thing from Kings, as one the con|trary, the more Tirants are laid open in their proper colours, the more glori|ous doth the true worth, &amp; dignitie of Kings appear: neither can the vitious imperfections the one be layd open but it gives addition of perfections, and re&s;pect to the honour of the other. But for tirants let them &s;ay and thinke what they plea&s;e, that &s;hall be the lea&s;t of my care; for it is not to them, but again them that I write; for Kings I beleeve that they will readily con&s;ent to that which is propounded, for by true proportion of rea&s;on they ought as much to hate Tirants and wicked governours. as Shepeards hate wolves, Phi&s;itians, Impoy&s;oners, true Prophets, fal&s;e Doctors for it mu&s;t nece&s;&s;arily occur that rea&s;on infu&s;eth into good Kings as much hatred a|gain&s;t Tirants, as nature imprinteth in dogs again&s;t wolves, for as the one lives by rapine and &s;poyle, &s;o the other is borne or bred to redre&s;&s;e and pre|vent all &s;uch outrages. It may be the flatterers of tirants will ca&s;t a &s;uper|cilious a&s;pect on the&s;e lines; but if they were not pa&s;t all grace they would rather blu&s;h for &s;hame I very well know that the friends and faithfull &s;er|vants of Kings will not onely approve and lovingly entertayn this di&s;conr&s;e but al&s;o with their be&s;t abilities defend the contents thereof accordingly then as the render &s;hall find him&s;elfe moved either with content or di&s;like in the reading hereof, let him know that by that he &s;hall plainly di&s;cover ei|ther the affection, or hatred that he beares to Tirants, let us now enter in|to the matter.</P>
<DIV3 TYPE="part">
<HEAD>Kings are made by the People.</HEAD>
<P>We have &s;hewed before that it is God, that doth appoint Kings, which chu&s;eth them, which gives the Kingdom to them: now we &s;ay that the people e&s;tabli&s;h Kings, putteth the Scepter into their hands, and which with their &s;uffrages, approveth the election. God would have it done in this
<PB N="47" REF="26"> manner, to the end, that the Kings &s;hould acknowledge, that after God they held their power and Soveraignty from the people, and that it might the rather induce them, to apply &amp; addres the utmo&s;t of their care and thoughts for the profit of the people, without being puffed with any vaine immagi|nation: that they were formed of any matter more excellent then other men; for which they were rai&s;ed &s;o high above others: as if they were to command over &s;locks of &s;heepe, or heards of Cattel; but let them remember and know, that they are of the &s;ame mould and condition as others, rai&s;ed from the earth by the voice and acclamations: now as it were upon the &s;houlders of the people unto their thrones, that they might afterwards bear on their own &s;houlders the greate&s;t burthens of the Common-wealth. Divers ages before that, the people of <HI>I&s;rael</HI> demanded a King. God gave and appointed the Law of royall governmen<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> contained in the 17. Chapter. ver. 14. of <HI>Deut.</HI> when &s;ayes <HI>Mo&s;es,</HI> thou art come u<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">to <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">he Land which the Lord thy God giveth thee, and &s;halt po&s;&s;e&s;&s;e it, and &s;halt dwell therein, and &s;halt &s;ay, I will &s;et a King over me like as all the Nations that are about me, thou &s;halt in any wi&s;e &s;et him whom the Lord thy God &s;hall chu&s;e from among&s;t thy bre|thren, &amp;c. You &s;ee here, that the election of the King is attributed to God, the e&s;tabli&s;hment to the people: now when the practice of this law came in u&s;e, &s;ee in what manner they proceeded. The Elders of <HI>I&s;rael</HI> which pre&s;en|ted <NOTE PLACE="marg">1 <HI>Sam.</HI> 8. 5.</NOTE> the whole body of the people, (under this name of Elders, are compre|hended the Captains, the Centurions, Commanders over fifties and tenns, Judges, provo&s;ts; but principally the chiefe&s;t of tribes) came to meete <HI>Sa|muel</HI> in <HI>Ramah,</HI> and not being willing longer to endure the government of the &s;onnes of <HI>Samuel,</HI> who&s;e ill carriage had ju&s;tly drawn on them: the peoples di&s;like, and withall per&s;wading them&s;elves that they had found the meanes to make their warres hereafter with more advantage they deman|ded <NOTE PLACE="marg">1 <HI>Sam.</HI> 9. 16.</NOTE> a King of <HI>Samuel,</HI> who asking Councell of the Lord, he made known that he had cho&s;en <HI>Saul</HI> for the Governour of his people. Then <HI>Samuel</HI> anoin|ted <HI>Saul,</HI> and performed all tho&s;e rights which belong to the election of a King required by the people. Now this might perhaps have &s;eemed &s;uffici|ent, if <HI>Samuel</HI> had pre&s;ented to the people the King that was cho&s;en by God, and had admoni&s;hed them all to become good and obedient &s;ubjects. Notwith&s;tanding to the end, that the King might know that he was e&s;tabli|&s;hed <NOTE PLACE="marg">1 <HI>Sam.</HI> 20. 18. &amp;c.</NOTE> by the people, <HI>Samuell</HI> appointed the E&s;tates to meet at <HI>Mi&s;pah,</HI> where being a&s;&s;embled as if the bu&s;ine&s;&s;e were but then to begin, and nothing had allready been done, to be brief as if the election of <HI>Saul</HI> were then only to be treated of, the lot is ca&s;t and falls on the Tribe of <HI>Benjamin,</HI> after on the fami|ly of <HI>Matri,</HI> and la&s;tly on <HI>Saul,</HI> born of that family who was the &s;ame that God had cho&s;en; Then by the con&s;ent of all the people <HI>Saul</HI> was declared King. Finally, to the that <HI>Saul</HI> nor any other might attribute the afore&s;aid <NOTE PLACE="marg">1 <HI>Sam.</HI> 11. 14.</NOTE> bu&s;ine&s;&s;e to chance of lot, after that <HI>Saul</HI> had made &s;ome proofe of his valour
<PB N="48" REF="27"> in ray&s;ing the &s;iege of the <HI>Ammonites</HI> in <HI>Iabe&s;h Gilead:</HI> &s;ome of the people pre&s;|&s;ing the bu&s;ine&s;&s;e he was again confirmed King in a full a&s;&s;embly at <HI>Gilgal;</HI> ye &s;ee that he whom God had cho&s;en, and the lo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> had &s;eparated from all the re&s;t, is e&s;tabli&s;hed King by the &s;uffrages of the people.</P>
<P>And for <HI>David,</HI> by the Commandement of God, and in a manner more evi|dent <NOTE PLACE="marg"><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> <HI>Sam.</HI> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">6.</NOTE> then the former, after the rejection of <HI>Saul, Samuel</HI> anointed for King o|ver I&s;rael <HI>David</HI> cho&s;en by the Lord, which being done the &s;pirit of the Lord pre&s;ently left <HI>&s;aul,</HI> and wrought in a &s;peciall manner in <HI>David;</HI> But <HI>David</HI> notwith&s;tanding raigns not, but was compeled to &s;ave him&s;elfe in de&s;erts and rocks, oftentimes falling upon the very brim of de&s;truction, and never raigned as King till after the death of <HI>Saul:</HI> for then by the &s;uffrages of all the peo|ple of <HI>Iudah</HI> he was fir&s;t cho&s;en King of <HI>Iudah,</HI> and &s;eaven yeares after by the con&s;ent of all <HI>I&s;raell,</HI> he was inaugurated King of <HI>I&s;raell</HI> in <HI>Hebron.</HI> So then he is annointed fir&s;t by the Prophet at the commandement of God, as a token he was cho&s;en, &s;econdly by the commandement of the people when he was e&s;tabli&s;hed King. And that to the end that Kings may alwayes remember that it is from God; but by the people, and for the peoples &s;ake that they <NOTE PLACE="marg">2 <HI>Sam.</HI> 2.</NOTE> doe raignt, and that in there glorie they &s;ay not (as is there cu&s;tome) that they hold their Kingdome only of God and there &s;word, but withall add that it was the people which fir&s;t girt them with that &s;word. The &s;ame or|der offered in <HI>Solomon,</HI> although he was the Kings &s;onne God hath cho&s;en <HI>Solomon,</HI> to &s;it upon the Throne of his Kingdome, and by expre&s;&s;e words <NOTE PLACE="marg">2 <HI>Sam.</HI> 7. 13. 1 <HI>Kings</HI> 3. <HI>Chron.</HI> 28. 5 1 <HI>Kings</HI> 2. 32. 1 <HI>Chron.</HI> 28. 1. &amp; 20. 22. 24.</NOTE> had promi&s;ed <HI>David</HI> to be with him and a&s;&s;i&s;t him as a Father his &s;oone. <HI>Da|vid</HI> had with his one mouth de&s;igned <HI>Solomon</HI> to be &s;ucce&s;&s;or to his Crowne in the pre&s;ence of &s;ome of the principall of his Court. But this was not enough and therefore <HI>David</HI> a&s;&s;embled at Ieru&s;alem the Princes of <HI>I&s;raell,</HI> the heads of the Tribes the Captaines of the Souldiers and ordinance officers of the Kings, the centurions &amp; other Magi&s;trates of Towns together with his &s;ons, the noble men and worthie&s;t per&s;onages of the Kingdome, to con&s;ult and re|&s;olve upon the election. In this A&s;&s;emblie after they had called upon the name of God, <HI>Solomon</HI> by the con&s;ent of the whole congregation proclaimed and annointed for King, and &s;at (&s;o &s;aith the text) upon the Throne of <HI>I&s;raell</HI> then and not before the Princes the Noblemen his brothers them&s;elves do him homage, and take the Oath of Allegiance. And to the end, that it may not be &s;aid, that that was onely done to avoid occa&s;ion of difference, which might ari&s;e among&s;t the brothers the &s;onnes of <HI>David</HI> about the &s;ucce&s;&s;ion, we reade <NOTE PLACE="marg">2 <HI>Kings</HI> 20. 2 <HI>Chron.</HI> 20. 36. &amp; 22. 1. &amp; 36, 1.</NOTE> that the other following Kings have in the &s;ame manner been e&s;tabli&s;hed in their places it is &s;aid, that after the death of <HI>Solomon,</HI> the people a&s;&s;embled to create his &s;onne <HI>Rehoboam</HI> King. After that <HI>Amaziah</HI> was killed, <HI>Ozias</HI> his on|ly &s;onne was cho&s;en King by all the people, <HI>Och<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;ias</HI> after <HI>Ioram, Ioachim,</HI> the &s;onne of <HI>Io&s;ias,</HI> after the di&s;ea&s;e of his Father, who&s;e piety might well &s;eeme to
<PB N="49" REF="27"> require that without any other &s;olemnity, notwith&s;tanding both he and the other were cho&s;en and inve&s;ted into the royall Throne by the &s;uffrages of the people. To which al&s;o belongs, that which <HI>Hu&s;hai</HI> &s;aid to <HI>Ab&s;olam,</HI> nay; but <NOTE PLACE="marg">2 <HI>Sam.</HI> 16. 18.</NOTE> whom the Lord and this people, and all the men of <HI>I&s;rael</HI> chu&s;e, his will I be, and with him will I abide, which is as much as to &s;ay, I will follow the King lawfully e&s;tabli&s;hed, and according to the accu&s;tomed order; wherefore al|though that God had promi&s;ed to his people a perpetuall Lampe, to wit, a King, and a continuall &s;ucce&s;&s;our of the Line of <HI>David,</HI> and that the &s;ucce&s;&s;our <NOTE PLACE="marg"><HI>P&s;al.</HI> 132. 11. 12.</NOTE> of the Kings of this people were approved by the word of God him&s;elfe. Notwith&s;tanding, &s;ince that we &s;ee that the Kings have not reigned, before the people had ordained and in&s;talled them, with requi&s;ite Ceremonies: it may be collected from this, that the Kingdom of <HI>I&s;rael,</HI> was hereditary, if we con&s;ider <HI>David</HI> and the promi&s;e made to him, and that it was wholly elective, if we regard the particuler per&s;ons. But to what purpo&s;e is this, but to make it apparent, that the election is onely mentioned, that the Kings might have alwayes in their remembrance, that they were rai&s;ed to their dignities by the people, and therefore they &s;hould never forget during life, in what a &s;trict bond of ob&s;ervance they are tyed to tho&s;e from whom they have received all their greatne&s;&s;e. We read that the Kings of the Heathen have been e&s;tabli&s;hed al&s;o by the people; for as when they had either troubles at home, or warres abroad, &s;ome one in who&s;e ready vallour, and di&s;creete integrity, the people did principally relye and repo&s;e their greate&s;t <NOTE PLACE="marg"><HI>Herodi. lib.</HI> 1. <HI>Cicero.</HI> 1. <HI>de offici. Tit. Li|vi. lib.</HI> 1.</NOTE> confidence, him they pre&s;ently with a univer&s;all con&s;ent con&s;tituted King. <HI>Cicero</HI> &s;aith, that among&s;t the Medes, <HI>Deioces</HI> from a Judge of private con|trovercies was for his uprightne&s;&s;e, by the whole people elected King, and in the &s;ame manner were the fir&s;t Kings cho&s;en among&s;t the <HI>Romans.</HI> In&s;o|much, that after the death of <HI>Romulus,</HI> the interrayde and Govern|ment of the hundred &s;enators, being little acceptable to the Quiutes it was agreed that from thence forward, the Kings &s;hould be cho&s;en by the &s;uffrages of the people, and the approbation of the &s;enate. <HI>Forquius Superbus</HI> was therefore e&s;teemed a tyrant, becau&s;e being cho&s;en nei|ther by the people nor the &s;enate, he intruded him&s;elf into the Kingdom only by force and u&s;urpation; Wherefore <HI>Iulius Cae&s;ar</HI> long after though he gain|ed the Empire by the &s;word, yet to the end he might adde &s;ome &s;haddow or pretence of right to his former intru&s;ion, he cau&s;ed him&s;elf to be declared both by the people and &s;enate perpetually dictator. <HI>Augu&s;tus</HI> his adopted &s;onne would never take on him as inheriter of the Empire, although he were de|clared &s;o by the te&s;taments of Ce&s;ar; but alwaies held it as of the people and &s;enate. The &s;ame al&s;o did <HI>Tiberius, Caligula</HI> and <HI>Claudius,</HI> and the fir&s;t that a&s;&s;umed the Empire to him&s;elf without any colour of right, was <HI>Nero</HI> who al&s;o by the &s;enate was condemned. Briefly for &s;o much as none were ever
<PB N="50" REF="28"> born with Crowns one their heads, and &s;ceptes in their hands, and that no man can be a King by him&s;elf nor reign without people; whereas on the con|trary the people may &s;ub&s;i&s;t of them&s;elves, and were long before they had a|ny Kings, it mu&s;t of nece&s;&s;ity follow that Kings were at the fir&s;t con&s;tituted by the people, And although the &s;ons and dependants of &s;uch Kings inheri|ting their fathers vertues, may in a &s;ort &s;eeme to have rendred their Kingdome heriditary to their off-&s;prings and that in &s;ome Kingdoms and Countries the right of free election &s;eems in a &s;ort buried; yet notwith&s;tanding in all well ordered Kingdoms this cu&s;tome is yet remaining, the &s;ons do not &s;ucceed the fathers, before the people fir&s;t have as it were a new e&s;tabli&s;hed them by their new approbation; neither were they acknowledged in qual<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ity as inhe|riting it from the dead; but approved and accounted Kings then only when they were inve&s;ted with the Kingdom, by receiving the Scepter and Diadem from the hands of tho&s;e who repre&s;ent the Maje&s;ty of the people. One may &s;ee mo&s;t evident marks of this in Chri&s;tian Kingdoms, which are at this day e|&s;teemed heriditary; for the French King, he of <HI>Spaine</HI> and <HI>England</HI> and others are commonly &s;acred, and as it were put into po&s;e&s;&s;ion of their authority by the Peeres, Lords of the Kingdom, and Officers of the Crowne which repre&s;ent the body of the people; no more nor le&s;&s;e then the Empe|rours of <HI>Germany</HI> are cho&s;en by the Electors, and the Kings of <HI>Polonia,</HI> by the yavvodes and Pallatines of the Kingdom, where the right of Election is yet in force. In like manner al&s;o, the Cities give no royall reception, nor entries unto the King but al&s;o their inauguration, and anciently they u&s;ed not to count the times of their reign but from the day of their coronation, the which was &s;trictly ob&s;erved in <HI>France.</HI> But lea&s;t the continued cour&s;e of &s;ome &s;uc|ce&s;&s;ions &s;hould deceive us, we mu&s;t take notice that the e&s;tates of the King|doms have often preferred the co&s;en before the &s;onne, the younger brother before the Elder as in France <HI>Lewis</HI> was preferred before his brother <HI>Robert</HI> Earle of <HI>Eureux: [Annalos Gill<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">j]</HI> in like manner <HI>Henry</HI> before <HI>Robert</HI> ne|phew to <HI>Cap<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t.</HI> Nay which is more by authority of the people in the &s;ame Kingdom, the Crown hath bin tran&s;ported (the lawfull inheritors living) from one linage to another as from that of <HI>Meroue</HI> to that of the <HI>Charlemaint,</HI> and from that of the <HI>Charlemains</HI> to tha<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> of the Capets, the which hath al&s;o beene done in other Kingdoms as the be&s;t Hi&s;torians te&s;tify; But not to wan|der from France the long continuance and power of which Kingdom may in &s;ome &s;ort plead for a ruling authority, and where &s;ucce&s;&s;ion &s;eems to have ob|tained mo&s;t <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">putation. We read that <HI>Pharamond</HI> was cho&s;en in the year 419 <HI>Pepin</HI> in the year 751. <HI>Charles</HI> the Great and <HI>Carleman</HI> the &s;onne of <HI>Pepin</HI> in the yeare 768 without having any re&s;pect to their Fathers former e&s;tate. <HI>Carleman</HI> dying in the yeare 772. his portion fell not pre&s;ently into the po|&s;e&s;&s;ion of his brother <HI>Charles</HI> the great, as it ordinarily happens in the &s;uc|ce&s;&s;ion of inheritances, but by the Ordinance of the people and the e&s;tates of
<PB N="51" REF="28"> the Kingdom he is inve&s;ted with it. the &s;ame authour witne&s;&s;eth that in the yeare 812 <HI>Lewis</HI> the Courteous although he were the &s;onne of <HI>Charles</HI> the great was al&s;o elected: and in the Te&s;tament of <HI>Charlimane</HI> in&s;erted into the hi&s;tory written by <HI>Nanclere, Charlemane</HI> doth intreate the people to chu&s;e by a geuerall a&s;&s;embly of the E&s;tates of the Kingdom which of his Grand|children or Nephews the people plea&s;ed, and commaunding the Vncles to ob|&s;erve and obey the Ordinance of the people, by meanes whereof <HI>Charles</HI> the bald nephew to <HI>Lewis</HI> the courtious and <HI>Iudith,</HI> doth declare him&s;elf to be cho&s;en King, as <HI>Aimonius</HI> the French hi&s;torian recites.</P>
<P>To conclude in a word, all Kings at the fir&s;t were altogeather elected, and tho&s;e which at this day &s;eeme to have their Crown and Royall authority by inheritance, have or &s;hould have fir&s;t and principally their confirmation from the people. Briefly although the people of &s;ome Countries have been ac|cu&s;tomed to chu&s;e their Kings of &s;uch a linage which for &s;ome notable mer|rits have worthily de&s;erved i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">; yet we mu&s;t believe that they chu&s;e the &s;tock it &s;elf and not every branch that proceeds from it neither are they &s;o tied to that election, as if the &s;ucce&s;&s;our degenerate they may not chu&s;e another more worthy, neither tho&s;e which come and are the next of that &s;tock are borne Kings but created &s;uch, nor called Kings but Princes of the bloud royall.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>The whole body of the people is above the King.</HEAD>
<P>Now &s;eeing that the people chu&s;e and e&s;tabli&s;h their Kings, it followeth that the whole body of the people is above the King; for it is a thing mo&s;t e|vident that he which is e&s;tabli&s;hed by another is accounted under him that hath e&s;tabli&s;hed him, &amp; he which receives his authority from an other is le&s;&s;e then he from whom he denies his power. <HI>Potiphar</HI> the <HI>Egyptian</HI> &s;etteth <HI>Io&s;eph</HI> over all his Hou&s;e, <HI>Nebuchadoezzar Danniel</HI> over the Province of <HI>Babylon, Darius</HI> the &s;ix&s;core governors over the kingdom. It is co~monly &s;aid that Mrs. e&s;tabli&s;h their &s;ervants, <HI>Kings</HI> their officers: In like manner al&s;o the people e|&s;tabli&s;h the <HI>King</HI> as admini&s;trator of the <HI>Co~mon-wealth.</HI> G<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">od <HI>kings</HI> have not di&s;dained this title; yea, he had ones them&s;elvs have affected it: in&s;omuch, as for the &s;pace of divers Ages no Roman Emperor (if it were not &s;ome ab&s;olute tyrant, as <HI>Nero, Domitian, Caligula)</HI> would &s;uffer him&s;elf to be called Lord; Furthermore, it mu&s;t nece&s;|&s;arily be that Kings were in&s;tituted for the peoples &s;ake, neither can it be, <HI>that for the plea&s;ure of &s;ome hundred of men, and without doubt more fooli&s;h and wor&s;e then many of the other, all the re&s;t were made, but much rather that th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;e hundred were made for the u&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> and &s;ervice of all the other, And rea&s;on requires that he be preferred above the other, who was made only to and for his occa&s;ion:</HI> &s;o it is, that for the &s;hips &s;a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e, the owner appoints a py|lot over her, who &s;its at the he<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">m, and looks that &s;he keeps her cour&s;e, nor run nor upon any dangerous &s;heilf: the pylot doing his duty is obeyed by the Mariners; yea, &amp; of him him&s;elf that is owner of the ve&s;&s;el, notwith&s;tanding, the p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">lot is a &s;ervant as well as the
<PB N="52" REF="29"> lea&s;t in the &s;hip from whom he only differs in this that he &s;ervs in better place then they do. In a Common-wea<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">th common<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">y compared to a &s;hip the King holds the p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nce of py|lot, the people in general are owners of the ve&s;&s;el, obeying the pylot while&s;t he is <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">a<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ull of the publique good a<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">though this pylot neither is nor ought to be e&s;teemed other then &s;ervant to the publique, as <HI>a</HI> Judge or General in war differs little from other officers, but that he is bound to bear greater burdens, &amp; expo&s;e him&s;e<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">f to more dangers. By the &s;ame rea&s;on al&s;o which t<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e King gains by acqui&s;t of arms, be <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> po&s;&s;e&s;&s;eth him&s;elf of Frontier places in warring on the enemy, or that which he gets b<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> e&s;ch<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ats or con&s;i&s;|tations, he gets it to the Kingdom &amp; not to him&s;elf; <HI>to wit,</HI> to the people, of whom the Kingdom is compo&s;ed; no more, nor le&s;s, then the &s;ervane doth for his ma&s;ter, neither may one contract or ob<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">iege them&s;e<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">vs to him, but by &amp; with reference to the authority derived from the people. Furthermore, there is an infinite &s;ort of people which <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ive with out a <HI>King;</HI> but we cannot imagine a <HI>King</HI> without p<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ople, And tho&s;e which have bin rai|&s;ed to the Royal dignity, were not advanced becau&s;e they excel<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ed other men in beauty &amp; come<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ine&s;s, nor in &s;ome excellency of nature to govern them as &s;hepheards doe their flocks, but rather being made out of the &s;ame ma&s;&s;e with the re&s;t of the people, they &s;hould acknowledge that for them, they as it were borrow their power &amp; authority, The ancient cu&s;tome of the French repre&s;ents that exceeding wel<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, for they u&s;ed to lift up on a buckler, &amp; &s;a<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ute him King whom they had cho&s;en. And wherefore is it &s;aid, I <HI>pray you that kings h<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ve an infinite number of eyes, a million of ears, with extream long hands, and feet exceeding &s;wift?</HI> is it becau&s;e they are like to <HI>Argos, Gerion, Midas,</HI> &amp; divers others <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">o celebrated by the Poets? No truly, but it is &s;aid in regard of all the people, whom the bu&s;ines principal<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">y concerns, who lend to the king for the good of the Common-wealth, their eye<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, their ears, their means their facu<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ties. Let the people for&s;ake the king, he pre|&s;ently fals to the ground, although befo<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e his hearing &amp; &s;ight &s;eemed mo&s;t excellent, &amp; that he was &s;trong &amp; in the be&s;t di&s;po&s;ition that might be, yea that he &s;eemed to triumph in all magnificence, yet in an in&s;tant he wi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">l become mo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t vi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e &amp; contemptible, to bee brief, in&s;tead of tho&s;e divine honours wherewith all men adored him, he &s;halbe compe<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ed <NOTE PLACE="marg"><HI>Dioni&s;ius for his Ti|<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">a<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">ie dri|ven o<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">t of C<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">cil<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e was fo<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">&s;<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">d to ta<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e that course of lif<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> up<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n h<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">m.</HI></NOTE> to become a Pedant, &amp; whip children in the &s;choo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> at <HI>Corinth.</HI> Take away but the ba&s;is, to this Giant, &amp; l<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">e the Rodian Colo&s;&s;e he p<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e&s;ently tumbles on the ground, &amp; fals into pieces. Seeing th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n that the King is e&s;tab<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">i&s;hed in this degree by the people &amp; for their &s;ake, &amp; that he cannot &s;ub&s;i&s;t without them, who can think it &s;trange then for us to con|clude, that the peop<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e are aboue the King. Now that which we &s;peak of al<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> the people u|niver&s;ally, ought al&s;o to be under&s;tood as hath been delivered in the 2. que&s;tion, of tho&s;e which in every Kingdom or town do <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">wfully repre&s;ent the body of the people, &amp; which ordinarily (or at le&s;t &s;hould be) ca<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ed the officers of the Kingdom, or of the crown, &amp; not of the King; For the officers of the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ing it is he which placeth &amp; di&s;placeth them at his plea&s;ure, yea, after his death they have no more power, &amp; are accounted as dead. On the contrary, the officers of the Kingdom <HI>receive their authority from the people in the general A&s;&s;embly of the &s;tates (or at the lea&s;t wer<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> accu&s;tomed &s;o anciently to have done) &amp; cannot be di&s;authori&s;ed but by them, &s;o then the one depends of the King, the other of the Kingdom, tho&s;e of t<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e &s;overaign officer of the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ingdom which is the King him&s;elf, the&s;e of the &s;ove|raignty it &s;elf, that is of the people, of which &s;overaignty both the King, all his officers, and all his officers of the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ingdom, ought to depend, the charge of the one hath proper relation to the care of the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ings per&s;on: that of the other to look that the common-wealth receive no da|mage, the fir&s;t ought to &s;erve and a&s;&s;i&s;t the King, as all dome&s;tique &s;ervants are bound to doe to their ma&s;ters the other to pre&s;erve the rights &amp; priviledges of the people, &amp; to carefully hinder the Prince that he neither omit the things that may advantage the &s;tate, nor commit any thing that may endammage the publique.</HI></P>
<PB N="55" REF="29">
<P>Briefly, the one are Servants and dome&s;tiques of the Kings, and recei|ved into their places to obey his per&s;on: the other, on the contrary, are as A&s;&s;ociates to the King in the admini&s;tration of ju&s;tice, participating of the Royal power and authority, being bound to the utmo&s;t of their power, to be a&s;&s;i&s;ting in the managing of the affairs of State, as well as the King who is as it were Pre&s;ident among&s;t them, and principall onely in order and degree.</P>
<P>Therefore, as all the whole People is above the King, and likewi&s;e ta|ken in one entire body are in authority before him; yet being con&s;ide|red one by one they are all of them under the King. It is ea&s;ie to know how far the power of the fir&s;t Kings extended, in that <HI>Ephron</HI> King of the <HI>Hittites</HI> could not grant <HI>Abraham</HI> the Sepulchre, but in the pre&s;ence and with the con&s;ent of the People: neither could <HI>Hemor</HI> the <HI>Hevite</HI> <NOTE PLACE="marg"><HI>Gen.</HI> 34.</NOTE> King of <HI>Sichem</HI> contract an alliance with <HI>Iacob,</HI> without the Peoples a&s;&s;ent, and confirmation thereof; becau&s;e it was then the cu&s;tome to refer the mo&s;t important affairs to be di&s;pen&s;ed and re&s;olved in the ge|nerall A&s;&s;emblies of the People. This might ea&s;ily be practi&s;ed in tho&s;e kingdomes, which were then almo&s;t confined within the circuit of one towne.</P>
<P>But &s;ince that Kings began to extend their limits, and that it was im|po&s;&s;ible for the People to a&s;&s;emble together all into one place becau&s;e of their great numbers, which would have occa&s;ioned confu&s;ion the Officers of the kingdome were e&s;tabli&s;hed, which &s;hould ordinarily pre&s;erve the rights of the People, in &s;uch &s;ort notwith&s;tanding, as when extraordina|ry occa&s;ion required the People might be a&s;&s;embled, or at the lea&s;t &s;uch an abridgement as might by the principalle&s;t Members be a Repre&s;en|tation of the whole Body. We &s;ee this order e&s;tabli&s;hed in the kingdome of <HI>I&s;rael,</HI> which (in the judgment of the wi&s;e&s;t Politicians) was excel|lently ordered. The King had his Cupbearers his Carvers, his Chamber|lains and Stewards. The kingdome had her Officers, <HI>to wit,</HI> the 71. El|ders, and the heads and chief cho&s;en out of all the Tribes, which had the care of the Publique Faith in Peace and War.</P>
<P>Furthermore, the kingdome had in every town Magi&s;trates, which had the particular government of them, as the former were for the whole kingdome. At &s;uch times as affairs of con&s;equence were to be treated of, they a&s;&s;embled together, but nothing that concerned the publike &s;tate could receive any &s;olid determination. <HI>David</HI> a&s;&s;embled the Officers of <NOTE PLACE="marg">1. <HI>Chron.</HI> 29. 1 1. <HI>Chron.</HI> 13. 1.</NOTE> his kingdome when he de&s;ired to inve&s;t his Son <HI>Solomon</HI> with the Royal Dignity; when he would have examined and approved that manner of policy, and managing of affairs, that he had revived and re&s;tored, and when there was que&s;tion of removing the Ark of the Covenant.</P>
<PB N="92" REF="30">
<P>And becau&s;e they repre&s;ented the whole people, it is &s;aid in the Hi|&s;tory, that all the people a&s;&s;embled. The&s;e were the &s;ame Officers that de|livered <HI>Ionathan</HI> from death, condemned by the &s;entence of the <HI>King,</HI> by which it appeares, that there might be an appeale from the <HI>King</HI> to the People.</P>
<P>After that the kingdome was divided through the pride of <HI>Reoboam,</HI> <NOTE PLACE="marg"><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> <HI>Sam.</HI> <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">. 45.</NOTE> the Councel at <HI>Ieru&s;alem</HI> compo&s;ed of 71. Ancients, &s;eems to have &s;uch authority, that they might judge the King, as well as the King might judge every one of them in particular.</P>
<P>In this Councel was Pre&s;ident the Duke of the hou&s;e of <HI>Iuda,</HI> to wit, <NOTE PLACE="marg"><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> <HI>Chron.</HI> 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. <HI>Neh.</HI> 11. 9.</NOTE> &s;ome principall man cho&s;en out of that Tribe; as al&s;o, in the City of <HI>Ie|ru&s;alem</HI> there was a Governour cho&s;en out of the Tribe of <HI>Benjamin</HI> re|&s;iding there. This will appear more manife&s;t by examples, <HI>Ieremy</HI> &s;ent by God to denounce to the Jewes the de&s;truction of <HI>Ieru&s;alem,</HI> was there|fore condemned fir&s;t by the Prie&s;ts and Prophets, in who&s;e hands was <NOTE PLACE="marg"><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">or. 16. 9 <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word">.</NOTE> the Eccle&s;ia&s;ticall juri&s;diction afterwards by all the people of the City; that is, by the ordinary Iudges of Ieru&s;alem, to wit, the Milleniers, and the Centurions: Finally, the matter being brought before the Princes of Iuda, who were the 71. Elders a&s;&s;embled, and &s;et neere to the new Gate of the Temple, he was by them acquitted.</P>
<P>In this very A&s;&s;embly, they did di&s;creetly condemn, in expre&s;&s;e terms, the wicked and cruell act of the King <HI>Ichoiakin,</HI> who a little before had cau&s;ed the Prophet <HI>Vriah</HI> to be &s;lain, who al&s;o fore-told the de&s;truction of <HI>Ieru&s;alem.</HI></P>
<P>We read in another place that <HI>Ledechias</HI> held in &s;uch reverence the authority of this Councel, that he was &s;o far from delivering of <HI>Ieremy</HI> <NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> 37. 38.</NOTE> from the dungeon, wherein to the 71. had ca&s;t him that he dur&s;t &s;cant re|move him into a le&s;&s;e rigorous pri&s;on. They per&s;wading him to give his con&s;ent to the putting to death the Prophet <HI>Ieremy,</HI> he an&s;wered, that he was in their hands, and that he might not oppo&s;e them in my thing. The &s;ame King fearing lea&s;t they might make information again&s;t him, to bring him to an account for certain Speeches he had u&s;ed to the Pro|phet <HI>Ieremy,</HI> was glad to fe<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">gn an untrue excu&s;e It appeares by this, that in the kingdome of <HI>Iuda</HI> this Councel was above the King, in this king|dome, I &s;ay not fa&s;hioned or e&s;tabli&s;hed by <HI>Plato</HI> or <HI>Arictotle,</HI> but by the Lord God, him&s;elf being Author of all their order, and &s;upreame Mode|rator in that Monarchy. Such were the &s;even Magi or Sages in the Per&s;i|an Empire, who had almo&s;t a paraleld dignity with the King, and were tearmed the ears and eyes of the King, who al&s;o never di&s;&s;ented from <NOTE PLACE="marg"><HI>Ari&s;t. in Pol. lib.</HI><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">.<HI>c.</HI> 11. <HI>l.</HI> 3. <HI>c.</HI> 7.</NOTE> the judgment of tho&s;e Sages.</P>
<P>In the kingdom of <HI>Sparta</HI> there was the <HI>Ephori,</HI> to whom an appeal
<PB N="57" REF="30"> lay from the judgment of the King, and who, as <HI>Aristotle</HI> &s;ayes, had au|thority al&s;o to judge the Kings them&s;elves.</P>
<P>In <HI>Egypt</HI> the people were accu&s;tomed to chu&s;e and give officers to the King, to the end they might hinder and prevent any incroachment, or u&s;urpt authority, contrary to the Laws. Now as <HI>Ari&s;totle</HI> doth ordinari|ly tearm tho&s;e lawfull Kings, which have for their A&s;&s;i&s;tants, &s;uch officers <NOTE PLACE="marg"><HI>Arist. in pol. l.</HI> 5. <HI>c.</HI> 11.</NOTE> or Councellors: &s;o al&s;o maketh he no difficulty to &s;ay, that where they be wanting, there can be no true Monarchy, but rather a tyranny, ab&s;olute|ly barbarous, or at the lea&s;t &s;uch a Dominion, as doth mo&s;t neerly ap|proach tyranny.</P>
<P>In the Romane Common-wealth, &s;uch were the Senators, and the Magi&s;trates created by the people the tribune of tho&s;e which were called Celerees, the Preter or Provo&s;t of the City, and others, in&s;omuch as there lay an appeal from the <HI>King</HI> to the People, as <HI>Seneca</HI> declares by divers te&s;timonies drawne from <HI>Ciceroes</HI> bookes of the Common-wealth, and the Hi&s;tory of <HI>Oratius</HI> &s;ufficiently &s;hewes, who being condemned by the Iudges for killing his &s;i&s;ter, was acquitted by the people.</P>
<P>In the times of the Emperours, there was the Senate the Con&s;ults, the Pretors, the great Provo&s;ts of the Empire, the Governours of Provinces, attributed to the Senate and the People, all which were called the Magi|&s;trates and Officers of the people of <HI>Rome.</HI> And therefore, when that by the decree of the Senate, the Emperour <HI>Maximinus</HI> was declared ene|my <NOTE PLACE="marg"><HI>Herodi.</HI> <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> 8.</NOTE> of the Common-wealth, and that <HI>Maximus</HI> and <HI>Albinus</HI> were crea|ted Emperours by the Senate, the men of war were &s;worn to be faithfull, and obedient to the people of <HI>Rome</HI> the Senate, and the Emperors. Now for the Empires and publike States of the&s;e times (except tho&s;e of <HI>Tur|quie, Mu&s;covie,</HI> and &s;uch like, which are rather a rap&s;ody of Robbers, and barbarous intruders, then any lawfull Empires) there is not one, which is not, or hath not heretofore been governed in the manner wee have de|&s;cribed. And if through the connivency and &s;loath of the principall Offi|cers, the &s;ucce&s;&s;ors have found the bu&s;ine&s;&s;e in a wor&s;e condition, tho&s;e which have for the pre&s;ent the publike Authority in their hands, are not|with&s;tanding bound as much as in them lyeth to reduce things into their primary e&s;tate and condition.</P>
<P>In the Empire of <HI>Germany</HI> which is conferred by election, there is the Electors and the Princes both &s;ecular and Eccle&s;ia&s;ticall, the Counte&s;&s;e, Barons, and Deputies of the Imperial Cities, and as all the&s;e in their pro|per places are Solicitors for the publike good likewi&s;e in the Diets doe they repre&s;ent the Maje&s;ty of the Empire, being obliged to advi&s;e, and carefully fore-&s;ee, that neither by the Emperours, partiality, hate nor affe|ction, the publike State do &s;uffer, or be interre&s;&s;ed. And for this rea&s;on, the
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<PB N="58" REF="33"> Empire hath its Chancellour, as well as the Emperour his, both the one and the other have their peculiar Officers and Trea&s;urers apart. And it is a thing &s;o notorious, that the Empire is preferred before the Empe|rour, that it is a common &s;aying, <HI>That the Emperour does homage to the Empire.</HI></P>
<P>In like manner, in the Kingdom of <HI>Polonia,</HI> there is for Officers of the Crown, the Bi&s;hops, the Palatins, the Ca&s;tellains, the Nobility, the Depu|ties <NOTE PLACE="marg">Specu|lum &s;ax|onicum.</NOTE> of Towns and Provinces a&s;&s;embled extraordinarily, before whom; and with who&s;e con&s;ent, and no where el&s;e, they make new Lawes, and determinations concerning wars. For the ordinary Government there, is the Councellours of the kingdom, the Chancellour of the State, &amp;c. al|though notwith&s;tanding, the king have his Stewards, Chamberlains, Ser|vants and Dome&s;tiques. Now if any man &s;hould demand in <HI>Polonia</HI> who were the greater, the King or all the people of the kingdom repre&s;ented by the Lords and Magi&s;trates; he &s;hould do as much, as if he asked at <HI>Veni<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e,</HI> if the Duke were above the Seigniory. But what &s;hall wee &s;ay of Kingdoms, which are &s;aid to go by hereditary &s;ucce&s;&s;ion? We may in|deed conclude the very &s;ame. The kingdom of <HI>France</HI> heretofore prefer|red before all other, both in regard of the excellency of their Lawes, and <NOTE PLACE="marg">Ai<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">oni. lib. 5. c. 26. in Carolo <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">lv<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">.</NOTE> ma<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e&s;ty of their E&s;tate may pa&s;&s;e with mo&s;t as a ruling ca&s;e. Now al|though that tho&s;e which have the publike commands in their hands, doe not di&s;charge their duties as were to be de&s;ired, it followes not though, that they are not bound to do it. The King hath his high &s;teward of his Hou&s;hold his Chamberlains, his Ma&s;ters of his games, Cup-bearers, and others, who&s;e o<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ces were wont &s;o to depend on the per&s;on of the King, that after the death of their Ma&s;t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">r, the ro<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ces were void. And indeed at the Funerall of the King, the Lord high Steward in the pre&s;ence of all the officers and &s;ervants of the hou&s;e-hold, breakes his &s;taffe of office, and &s;ayes, <HI>Our Master is dead, let every one provide for him&s;elfe.</HI> On the other &s;ide, the kingdom hath her officers, <HI>to wit,</HI> the Mayor of the Palace, which &s;ince hath been called the Con&s;table, the Mar&s;hals, the Admirall, the Chancellour or great Referendary, the Secretaries, the Trea&s;urers and o|thers, which heretofore were created in the A&s;&s;embly of the three E|&s;tates the Clergy, the Nobility, and the People.</P>
<P>Since that, the Parliament of <HI>Paris</HI> was made Sedentary, they are not thought to be e&s;tabli&s;hed in their places, before they have beene fir&s;t re|ceived and approved by that cour&s;e of Parliament, and may not be di&s;|mi&s;&s;ed nor depo&s;ed, but by the authority and con&s;ent of the &s;ame. Now all the&s;e officers take their oath to the <HI>Kingdome,</HI> which is as much as to &s;ay, to the people in the fir&s;t place, then to the <HI>King</HI> which is protector of he <HI>Kingdome,</HI> the which appears by the tenour of the oath. Above all, the
<PB N="59" REF="33"> Con&s;table, who receiving the Sword from the King, hath it girded unto him with this charge, <HI>That he maintain and defend the Common-wealth,</HI> as appears by the words that the King then pronounceth.</P>
<P>Be&s;ides, the kingdome of <HI>France</HI> hath the Peers (&s;o called either for <NOTE PLACE="marg">S. <HI>Filius fam. in|stit. quib. mod. jus patriae pot. &s;olvi|tur.</HI></NOTE> that they are the Kings companions, or becau&s;e they are the Fathers of the Common-wealth) taking their denominations from the &s;everall Provinces of the kingdome, in who&s;e hands the King at his inauguration takes his oath, as if all the people of the kingdome were in them pre|&s;ent, which &s;hews that the&s;e twelve Peers are above the King. They on the other &s;ide &s;wear, <HI>That they will pre&s;erve not the King, but the Crown, that they will a&s;&s;ist the Common-wealth with their councell, and therefore will be pre&s;ent with their be&s;t abilities to councell the Prince both in peace and war,</HI> as appears plainly in the <HI>Paitentee</HI> of their Peer&s;hip.</P>
<P>And they therefore have the &s;ame right as the Peers of the Court, <NOTE PLACE="marg"><HI>Renatus ch<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">pinus' lib.</HI> 3.</NOTE> which according to the Law of the <HI>Lumbards,</HI> were not only a&s;&s;ociates to the Lord of the Fee in the judgment of cau<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">es, but al&s;o did take an <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">c|count, and judge the differences that happenod between the Lord and his va&s;&s;all.</P>
<P>We may al&s;o know, that tho&s;e Peers of <HI>France</HI> did often di&s;cu&s;&s;e &s;uits and differences between the King and his Subjects: In&s;omuch, that when <HI>Charles</HI> the 6. would have given &s;entence again&s;t the Duke of <HI>Brittain</HI> they oppo&s;ed it, alleadging that the di&s;cu&s;&s;ing of that bu&s;ine&s;&s;e belonged properly to the Peers, and not to the king, who might not in any <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> derogate from their authority.</P>
<P>Therefore it is, that yet at this day the Parliament of <HI>Paris</HI> is called the Court of Peers, being in &s;ome &s;ort con&s;tituted Judge between the king and the people; yea, between the king and every private per&s;on, and is bound and ought to maintain the meane&s;t in the kingdome again&s;t the kings Attorney, if he undertake any thing contrary to law.</P>
<P>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 <HI>Charles</HI> the 5. the Emperour, the Parliament ought to interpo&s;e their authority, and all that which concerns the pub|like State mu&s;t be there inregi&s;tred; neither is there any thing firm and &s;table which the Parliament doth not fir&s;t approve. And to the end, that the Councellours of that Parliament &s;hould not fear the king, formerly they attained not to that place, but by the nomination of the whole bo|dy of the Court; neither could they be di&s;mi&s;&s;ed for any lawfull cau&s;e, but by the authority of the &s;aid Body.</P>
<PB N="59" REF="34">
<P>Furthermore, if the Letters of the <HI>King</HI> be not &s;ub&s;igned by a Secreta|ry of the <HI>Kingdom,</HI> at this day called a Secretary of State, and if the <HI>Let|ters Pattents</HI> be not &s;ealed by the Chancellour, who hath power al&s;o to cancell them, they are of no force or value. There is al&s;o Dukes, Marque&s;|&s;es, Earls. Vicounts, Barons, Sene&s;chabs, and in the cities and good towns Mayors, Bayli&s;tes, Lieutenants, Capitols, Con&s;uls, Sindiques, Sheriffs, and others which have &s;peciall authority through the Circuit of &s;ome coun|tries or towns to pre&s;erve the people of their juri&s;diction. Time it is, that at this day &s;ome of the&s;e dignities ere become hereditary. Thus much concerning the ordinary Magi&s;trates.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>The A&s;&s;embly of the three Estates.</HEAD>
<P>Be&s;ides all this, anciently every yeer, and &s;ince le&s;&s;e often, <HI>to wit,</HI> when &s;ome urgent nece&s;&s;ity required it, the generall or three E&s;tates were a&s;|&s;embled, where all the Provinces and Townes of any worth, <HI>to w<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t,</HI> the Burge&s;&s;es Nobles, and Eccle&s;ia&s;ticall per&s;ons, did all of them &s;end their Deputies, and there they did publikely deliberate and conclude of that which concerned the publike &s;tate. Alwayes the authority of this A&s;&s;em|bly was &s;uch, that what was there determined, whether it were to treat peace, or make war, or create a Regent in the <HI>Kingdom,</HI> or impo&s;e &s;ome new tribute, it was ever held firm and inviolable; nay, which is more by the authority of this A&s;&s;embly, the <HI>Kings</HI> convinced of loo&s;e intempo|rancy, or of in&s;ufficiency, for &s;o great a charge or tyranny, were di&s;thro|nized; yes, their whole Races were for ever excluded from their &s;ucce&s;&s;i|on to the <HI>Kingdome,</HI> no more, nor le&s;&s;e, as their Progenitors were by the &s;ame authority formerly called to the admini&s;tration of the &s;ame <HI>King|dome.</HI> Tho&s;e whom the con&s;ent and approbation of the E&s;tates had for|merly rai&s;ed, were by the di&s;&s;ent and di&s;allowing of the &s;ame afterwards ca&s;t down. Tho&s;e which tracing in the vertuous &s;teps of their Ance&s;tors were called to that dignity, as if it had been their inheritance, were dri|ven out and di&s;-inherited for their degenerating ingratitude, &amp; for that being tainted with in&s;upportable vices, they made them&s;elves uncapa|ble and unworthy of &s;uch honour.</P>
<P>This &s;hews, that &s;ucce&s;&s;ion was tollerated to avoid practi&s;es, clo&s;e and under-hand canva&s;ing, di&s;contents of per&s;ons refu&s;ed; contentions, inter|raines, and other di&s;commodities of elections. But on the other part, when &s;ucce&s;&s;iou brought other mi&s;chiefes more pernicious, when tyran|nie trampled on the <HI>Kingdome,</HI> and when a Tyrant po&s;&s;e&s;&s;ed him&s;elfe of the Royal Throne, the Medicine proving much wor&s;e then the Di&s;ea&s;e: then the E&s;tates of the <HI>Kingdome</HI> lawfully a&s;&s;embled in the name of all the people, have ever maintained their authority, whether it were to drive out a Tyrant, or other unworthy <HI>King,</HI> or to e&s;tabli&s;h a good one in
<PB N="60" REF="34"> his place. The ancient French had learned that of the Gau&s;es, as <HI>Cae&s;ar</HI> &s;hewes in his Commentaries. For <HI>Ambiorix</HI> King of the <HI>Eburons,</HI> or Leigeons confe&s;&s;eth, <HI>That &s;uch were the condition of the Gauli&s;h Empire, that the people lawfully a&s;&s;embled, had no le&s;&s;e power over the King, then the</HI> <NOTE PLACE="marg">Cae&s;. l. 5. &amp; 7. de bello Gal. lico.</NOTE> <HI>King had over the people.</HI> The which appears al&s;o in <HI>Vircingentorix,</HI> who gives an account of his actions before the A&s;&s;embly of the people.</P>
<P>In the kingdoms of <HI>Spain,</HI> e&s;pecially <HI>Aragon, Valentia,</HI> and <HI>Catalonia,</HI> there is the very &s;ame For that which is called the <HI>Iu&s;titia Major</HI> in <HI>Aragon</HI> hath the Soveraign authority in it &s;elfe. And therefore, the Lords which repre&s;ent the people proceed &s;o far, that both at the inaugaration of the King, as al&s;o at the A&s;&s;embly of the E&s;tates, which is ob&s;erved eve|ry t<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ird yeer, to &s;ay to the King in expre&s;&s;e words that which follows, <HI>We which are as much worth as you, and have more power then you, chu&s;e you King upon the&s;e and the&s;e conditions, and there is one between you and us which commands over you,</HI> to wit, <HI>the Iu&s;titia Major of Aragon, which of|tentimes refu&s;eth that which the King demands, and forbids that which the King <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">njoynes.</HI></P>
<P>In the kingdoms of <HI>England</HI> and <HI>Scotland</HI> the Soveraignty &s;eemes to be in the <HI>Parliament,</HI> which heretofore was held almo&s;t every yeere. They call Parliaments the A&s;&s;embly of the E&s;tates the kingdome, in the which the Bi&s;hops Earles, Barons, Deputies of Towns and Provinces de|liver their opinions, and re&s;olve with a joynt con&s;ent of the affaires of State, the authority of this A&s;&s;embly hath been &s;o &s;acred and inviolable, that the King dur&s;t not abrogate or alter that which had been there once decreed.</P>
<P>It was that which heretofore called and in&s;talled in their charges all the chief officers of the kingdome; yea, and &s;ometimes the ordinary councellers of that which they call the Kings privie Councels. In &s;um, the other chri&s;tian Kingdoms, as <HI>Hungary, Bohemia, Denmarke, Swedea,</HI> and the re&s;t, they have their officers apart from the Kings; and Hi&s;tories, together with the examples that we have in the&s;e our times, &s;uff<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ciently demon&s;trate that the&s;e Officers and E&s;tates have knowne how to make u&s;e of their authori<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y, even to the depo&s;ing and driving out of the tyran|nors and unworthy Kings.</P>
<P>We mu&s;t nor therefore e&s;teem that this cuts too &s;hort the wings of Royal authority, and that it is as much as to take the Kings head from his &s;houlders.</P>
<P>We believe that God is Almighty, neither think we it any thing di|mini&s;heth his power, becau&s;e he cannot &s;in: neither &s;ay we, <HI>that his Em|pire is le&s;&s;e to be esteemed, becau&s;e it cannot be neither &s;haken, nor ca&s;t downe:</HI>
<PB N="62" REF="35"> neither al&s;o mu&s;t we judge a King to be too much abu&s;ed, if he be with|held by others from falling into an errour, to which he is over-much in|clined, or for that by the wi&s;dome and di&s;cretion of &s;ome of his Coun|cellors, his kingdome is pre&s;erved and kept intire and &s;afe, which other|wi&s;e, happily by his weakne&s;&s;e or wickedne&s;&s;e might have been ruined. Will you &s;ay that a man is le&s;&s;e healthfull, becau&s;e he is invironed with di&s;creet Phy&s;itians, which councell him to avoid all intemperance, and forbid him to eat &s;uch meats as are obnoxious to the &s;tomack, yea, and which purge him many times again&s;t his will and when he re&s;i&s;ts? which will prove his better friends, whether the&s;e Phy&s;itians which are &s;tudi|ou&s;ly carefull of his health, or tho&s;e Sicophants which are ready at every turn to give him that which mu&s;t of nece&s;&s;ity ha&s;ten his end? We mu&s;t then always ob&s;erve this di&s;tinction. The fir&s;t are the friends of the <HI>King:</HI> The other are the friends of <HI>Francis</HI> which is <HI>King.</HI> The friends of <HI>Fran|cis</HI> are tho&s;e which &s;erve him: The friends of the <HI>King</HI> are the officers &amp; &s;ervants of the kingdom. For &s;eeing the <HI>King</HI> hath this name, becau&s;e of the kingdom, and that it is the people which give being and con&s;i&s;tence to the kingdome, the which being lo&s;t, or ruined, bee mu&s;t needs cea<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e to be a <HI>King,</HI> or at the lea&s;t not &s;o truly a <HI>King,</HI> or el&s;e wee mu&s;t take a &s;ha|dow for a &s;ub&s;tance.</P>
<P>Without que&s;tion, tho&s;e are mo&s;t truly the Kings friends, which are mo&s;t indu&s;triou&s;ly carefull of the welfare of his kingdom, and tho&s;e his wor&s;t enemies which neglect the good of the Common, wealth, and &s;eek to draw the <HI>King</HI> into the &s;ame lap&s;e of errour.</P>
<P>And as it is impo&s;&s;ible to &s;eparate the kingdom from the people, nor the King from the Kingdome, in like manner, neither can the friends of the King be di&s;-joyned from the friends of the people, and the King|dome.</P>
<P>I &s;ay further, that tho&s;e which with a true affection love <HI>Francis,</HI> had rather &s;ee him a King then a Subject. Now &s;eeing they cannot &s;ee him a King, it nece&s;&s;arily followes, that in loving <HI>Francis,</HI> they mu&s;t al&s;o love the Kingdome.</P>
<P>But tho&s;e which would be e&s;teemed more the friends of <HI>Francis,</HI> then of the kingdome and the people, are truly flatterers, and the mo&s;t perni|tious enemies of the King and publike State.</P>
<P>Now if they were true friends indeed, they would de&s;ire and endea|vour that the King might become more powerfull, and more a&s;&s;ured in his e&s;tate according to that notable &s;aying of <HI>Theopompus</HI> King of <HI>Sparta,</HI> after the Ephores or Controllers of the Kings were in&s;tituted, <HI>Tkemore (&s;aid he) are appointed by the People to watch over, and look to the</HI>
<PB N="63" REF="35"> <HI>affaires of the Kingdome, the more tho&s;e that govern &s;hall have credit, and the more &s;afe and happy &s;hall be the State.</HI></P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>Whether pre&s;cription of time can take away the right of the people.</HEAD>
<P>But peradventure, &s;ome one will reply, you &s;peak to us here of Peers, of Lords and Officers of the Crown. But I for my part &s;ee not any, but only &s;ome &s;hewes and &s;hadows of antiquity as if they were to be repre&s;ented on a &s;tage I &s;ee not for the pre&s;ent &s;earce any tract of that ancient liberty, and authority, nay which is wor&s;e a great part, if not all, of tho&s;e officers take care of nothing but their particular af|fairs, and almo&s;t, if not altogether, &s;erve as flatterers about tho&s;e Kings who joyntly to&s;&s;e the poor people like <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ennice, bals: hardly is there one to be found that hath compu&s;&s;ion on, or will lend a helping hand to the mi&s;erable &s;ubjects, fleaed and &s;corched to the very bones, by their in&s;olent and in&s;upportable oppre&s;&s;ion: If any be but houth to have &s;uch a de&s;ire, they are pre&s;ently condemned as Rebels and &s;editious, and are con&s;trained either to fly wi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">h much di&s;commodity, or el&s;e mu&s;t run hazard both of life and liberty. What can be an&s;wered to this? the bu&s;ine&s;&s;e goes thus. The outragiou&s;ne&s;&s;e of Kings, the igno|rance of the party, together with the wicked connivence of the great ones of the kingdome, hath been for the mo&s;t part &s;uch throughout the World, that the licentious and unbridled power wherewith mo&s;t kings are tran&s;ported and which hath made them in&s;upportable, hath in a manner by the length of continuance gained right of pre&s;cription, and the people for want of u&s;ing it hath incitely quit, if not altogether lo&s;t their ju&s;t &amp; ancient authority. So that it ordinarily happens, that what all mens care ought to attend on, is for the mo&s;t part neglected by every man; for what is commited to the generalty, no man thinkes is commended to his cu&s;tody. Notwith&s;tanding, no &s;uch pre&s;cription nor praevarication can ju&s;tly prejudice the right of the people: It is com|monly &s;aid that the Exchequers doe admit no <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ale of pre&s;cription a|gain&s;t it, much le&s;&s;e again&s;t the whole body of the people, who&s;e po|wer tran&s;cends the Kings, and in who&s;e right the King a&s;&s;umes to him|&s;elf that priviledge; for otherwi&s;e, wherefore is the Prince only ad|mini&s;trator, and the people true proprietor of the publique Exche|quer, as we will prove here pre&s;ently after. Furthermore, it is not a thing re&s;olved on by all, that no tyrannous intru&s;ion or u&s;ur|pation, and continuance in the &s;ame cour&s;e, can by any length of time pre&s;cribe again&s;t lawfull liberty. If it be objected, that Kings were en|thronized, and received their authority from the people that lived
<PB N="64" REF="36"> five hundred yeers ago, and not by tho&s;e now living. I an&s;wer, 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; &s;o the alternative revolution of birth and death renders the people <HI>(quoad hunc mundum)</HI> immortall.</P>
<P>And further, as wee have at this day the &s;ame Seine and Tiber as was 1000. yeers agoe: in like manner al&s;o is there the &s;ame people of <HI>Germany, France,</HI> and <HI>Italy</HI> (excepting intermixing of Colonies, or &s;uch like) neither can the lap&s;e of time, nor changing of individuals, alter in any &s;ort the right of tho&s;e people. Furthermore, if they &s;ay the King re|ceives his kingdom from his Father, and not from the people, and hee from his Grand&s;a her, and to one from another upward.</P>
<P>I ask, could the Grandfather or Ance&s;tor, transfer a greater right to his Succe&s;&s;or, then he had him&s;elf? If he could not (as without doubt <NOTE PLACE="marg"><HI>Vlpian de reg. juris l.</HI> 54.</NOTE> it mu&s;t need be &s;o) is it not plainly per&s;pi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">uous that what the Succe&s;&s;or further arrogates to him&s;elf, he may u&s;urp with as &s;are a con&s;cience, as what a Thiefe g<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">s by the high-way &s;ide. 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 lo&s;t or left their rankes, this can|not in any true right prejudice the people, but rather cleer otherwi&s;e as one would not grant audience, or &s;how favour to a &s;lave which had long time held his ma&s;ter pri&s;oner, and did not only vant him&s;elf to be free, but al&s;o pre&s;umptuou&s;ly a&s;&s;umed power over the life and death of his ma&s;ter: neither would any man allow the excu&s;es of a tho&s;e, be|cau&s;e he had continued in that grade 30. yeers, or for that he had beene bred in that cour&s;e, of life by his Father, if hee pre&s;umed by his long continuance in that function to pre&s;cribe for the lawfulne&s;&s;e, but ra|ther the longer he had continued in his wickedne&s;&s;e, the more grievous &s;hould be his puni&s;hment: in like manner, the Prince is altogether un&s;upportable, which becau&s;e he &s;ucceeds a Tyrant, or hath kept the people (by who&s;e &s;uffrages he holds the Crown) in a long &s;lavery, or hath &s;uppre&s;&s;ed the Officers of the kingdom (who &s;hould be protectors of the publike liberty) that therefore pre&s;umes, that what he affects is lawfull for him to effect, and that his will is not to be re&s;trained or cor|rected by any po&s;itive Law what&s;oever. For pre&s;cription in tyranny detracts nothing from the right of the people; nay it rather much ag|gravates the Princes on rages. But what if the Peers and principal of|ficers of the Kingdom makes them&s;elves parts with the King? Wha<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> if betraying the Publique, cau&s;e the yoak of tyranny upon the peoples neck? &s;hall it follow, that by this prevatication and trea&s;on the autho|rity
<PB N="65" REF="36"> 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 them&s;elves, &s;ay you, who relyed on the di&s;toyall loyalty of &s;uch men.</P>
<P>But I an&s;wer, that the&s;e officers are indeed tho&s;e Protectors who&s;e principall care and &s;tudy &s;hould be <HI>that the people be maintained in the free and ab&s;olute fruition of their goods and liberty.</HI> And therefore, in the &s;ame manner as if a treacherous Advoca<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e for a &s;um of money &s;hould agree to betray the cau&s;e of his Client into the hands of his Adver&s;ary, which he ought to have defended, hath not power for all that to alter the cour&s;e of ju&s;tice, nor of a bad cau&s;e, to make a good one, although perhaps for a time he give &s;ome colour of it.</P>
<P>In like manner this con&s;piracy of the great ones, combined to ruine the inferiours cannot di&s;anull the right of the people; in the meane &s;ea&s;on, tho&s;e great ones incur the puni&s;hment that the &s;ame a&s;ors a|gain&s;t Prevaricators: and for the people, the &s;ame Law allowes them to chu&s;e another Advocate, and afre&s;h to pur&s;ue their cau&s;e, as if it were then only to begin.</P>
<P>For if the people of <HI>Rome</HI> condemned their Captains and Generals of their Armies, becau&s;e they capitulated with their Enemies to their di&s;advantage (although they were drawn to it by nece&s;&s;ity, being on the point to be all overthrown) and would not be bound to performe the Souldiers capitulation: much le&s;&s;e &s;hall a free People be tyed to bear the yoak of thraldome, which is ca&s;t on them by tho&s;e who &s;hould and might have prevented it; but being neither forced nor compelled did for their own particular gain willingly betray tho&s;e that had com|mitted their liberty to their cu&s;tody.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>Wherefore Kings were created.</HEAD>
<P>Now &s;eeing that Kings have been ever e&s;tabli&s;hed by the people, and that they have had A&s;&s;ociates joyned with them to contain them within the limits of their duties, the which A&s;&s;ociates con&s;idered in particular one by one, are under the King and altogether in one intire Body are above him. We mu&s;t con&s;equently &s;ee wherefore fir&s;t Kings were e&s;tabli&s;hed, and what is principally their duty. We u&s;ually e&s;teem a thing ju&s;t and good when it attains to the proper end for which it is ordained.</P>
<P>In the fir&s;t place every one con&s;ents, <HI>That men by nature loving li|berty, and having &s;ervitude, 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 &s;ubmitting them&s;elves to the commands of others;</HI>
<PB N="67" REF="37"> but for &s;ome &s;peciall and great profit that they expected from it. For as <HI>E&s;ope</HI> &s;ayes, That the hor&s;e being before accu&s;tomed to wander as his plea&s;ure, 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 cho&s;en to apply to their own proper u&s;e, the goods that are gotten by the &s;weat of their Subjects; for every man loves and cheri&s;heth his owne, They have not received the power and authority of the People to make it &s;erve as a Pandar to their plea&s;ures. for ordinarily, the inferiours hate, or at lea&s;t envietheir &s;uperiours.</P>
<P>Let us then conclude, that they are e&s;tabli&s;hed in this place to main|tain by ju&s;tice, and to defend by force of Armes, both the publike State and perticular per&s;ons from all dammages and outrages, where|fore Saint <HI>Augustine</HI> &s;aith, <HI>Tho&s;e are properly called Lords and Ma&s;ters</HI> <NOTE PLACE="marg"><HI>A<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ig lib. 16 de ci|vit. dei, c.</HI> 15.</NOTE> <HI>which provide for the good and profit of others, as the husband for the wife, Fathers for their children.</HI> They mu&s;t therefore obey them that pro|vide for them; although indeed to &s;peak truly, tho&s;e which governe in this manner, may in a &s;o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t be &s;aid to &s;erve tho&s;e, whom they com|mand over.</P>
<P>For, as &s;ayes the &s;ame Doctor, they command not for the de&s;ire of dominion, but for the duty they owe to provide for the good of tho&s;e that are &s;ubjected to them: nor affecting any Lord like domineering, but with charity and &s;ingular affection, de&s;iring the welfare of tho&s;e that are committed to them.</P>
<P><HI>Seneca</HI> in 81 Epi&s;tle &s;ayes, That in the Golden Age, wi&s;e men onely governed Kingdoms, they kept them&s;elves within the bounds of mo|deration, and pre&s;erved the meane&s;t from the oppre&s;&s;ion of the grea|te&s;t. They pre&s;erved and di&s;&s;waded, according as it advantaged or di&s;advantaged, the publike profit; by their wi&s;dome, they furni&s;hed the Publique with plenty of all nece&s;&s;aries, and by their di&s;er<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ion prevente&s; &s;carcity, by their valour and courage they expelled dan|gers by their many benefits they encrea&s;ed and inriched their Sub|jects, they pleaded not their duty, in making pompeous &s;hews, but in well-governing their People. No man made tryall what hee was able to do again&s;t them, becau&s;e every one received what he was capable of from them, &amp;c.</P>
<P>Therefore, then to govern is nothing el&s;e but to provide for. The&s;e proper ends of commanding, being far the Peoples commodity; the only duty of Kings and Emperours is to provide for the peoples good, The Kingly dignity to &s;peak properly is not a Title of Honour, but a
<PB N="67" REF="37"> weighty and burden &s;ome offices It is not a di&s;charge or vacation from affaires, to run a licentions cour&s;e of liberty, but a charge and vocation to all endu&s;trious employments, for the &s;ervice of the Common|wealth, the which hath &s;ome glimp&s;e of honour withit, becau&s;e in tho&s;e fir&s;t and Golden Ages, no man would have ta&s;ted of &s;uch conti|nuall troubles, if they had not beene &s;weetned with &s;ome reli&s;h of ho|nour: in&s;omuch, as there was nothing more true, then that which was commonly &s;aid in tho&s;e times. If every man knew with what tur|moyles and troubles the Royall wreath was wrapt withall, no man would vouch&s;afe to take it up, although it lay at his feet.</P>
<P>When therefore that the&s;e words of mine and thine entred into the <NOTE PLACE="marg">Meum &amp; tuum.</NOTE> world, and that differences fell among&s;t fellow Citizens, touching the propriety of goods and wars among&s;t neighbouring people about the right of their Confines, the people bethought them&s;elves to have re|cour&s;e to &s;ome one, who both could and &s;hould take order that the poore were not oppre&s;&s;ed by the rich, nor the Patriots wronged by &s;trangers.</P>
<P>Now as wars and &s;uits encrea&s;ed, they cho&s;e &s;ome one, in who&s;e wi&s;dome and valour they repo&s;ed mo&s;t confidence. See then where|fore Kings were created in the fir&s;t Ages <HI>to wit,</HI> to admini&s;ter ju&s;tice at home, and to be Leaders in the Wars abroad, and not only to repul&s;e the incur&s;ions of the Enemy but al&s;o to repro&s;&s;e and hinder the deva|&s;tation and &s;poyling of the Subjects and their goods at home; but a|bove all, to expell and drive away all devices and debanchments farre from their Dominions.</P>
<P>This may be proved by all Hi&s;tories, both divine and prophane For the people of God they had at fir&s;t no other King but God him&s;elfe, who dwelt in the midde&s;t of them, and gave an&s;wer from betweene the Cherubins, appointed extraordinarily Judges and Captaines for the wars, by meanes whereof, the people thought they had no need of Lieutenants, being honoured by the continuall pre&s;ence of their Sove|raign King.</P>
<P>Now when the people of God began to be a weary of the inju|&s;tice of the Sons of <HI>Samuel,</HI> on who&s;e old age they dur&s;t no longer re|ly, they demanded a King after the manner of other people, &s;aying to <NOTE PLACE="marg">1 <HI>Sam.</HI> 8 5. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> &amp;. 20.</NOTE> <HI>Samuel Give us a King as other people have that he may judge us.</HI> The<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e is touched the fir&s;t and principal point of the duty of a <HI>King,</HI> a litle af|ter they are both mentioned <HI>We will have</HI> (&s;aid they) <HI>a King over us like other Nations. Our King &s;hall judge us, and go in and out before us, &amp; lead our Armies.</HI> To do ju&s;tice is alwaps &s;et in the fir&s;t place, for &s;o much as it is an ordinary &amp; perpetuall thing: but wars are extraordinary, and happen as it were ca&s;ually.</P>
<PB N="68" REF="38">
<P>Wherefore, <HI>Ari&s;totle</HI> &s;ayes that in the time of the <HI>Herold,</HI> all <HI>Kings</HI> <NOTE PLACE="marg"><HI>Arist. de pol. l. 3. c.</HI> 11.</NOTE> were Judges and Captains. For the <HI>Lavedemonian Kings,</HI> they in his time al&s;o had Soveraign authority only in the Army, and that confi|ned al&s;o to the commandements of the <HI>Ephores.</HI></P>
<P>In like manner, the <HI>M<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">des</HI> who were ever in perpetuall quarrels a|mong&s;t them&s;elves, at the length cho&s;e <HI>Deo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ces</HI> for their Judge, who <NOTE PLACE="marg"><HI>Herod. l.</HI> 1.</NOTE> had carryed him&s;elf well in the deciding of &s;ome particular differen|ces; pre&s;ently after they made him King, and gave him Officers and Guards, that he might more ea&s;ily &s;uppre&s;&s;e the powerfull and in&s;o|lent.</P>
<P><HI>Cicero</HI> &s;aith, that anciently all Kings were e&s;tabli&s;hed to admini&s;ter ju&s;tice, and that their in&s;titution and that of the Laws, had one and the &s;ame end, which was, that Equity and Right might be d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ly rendered to all men the which may be verified by the propriety of the words almo&s;t in all languages. Kings are called by the Latins, <HI>Reges a regen<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">,</HI> for that they mu&s;t rule and govern the limits and bounds, both of the publike and particulars. The names of Emperours, Princes, and Dukes have relation to their conduct <NOTE PLACE="marg">The Engli&s;h word KING is derived from the Ronigen, which &s;ignifies ei|ther for<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">itude or wi&s;dome.</NOTE> in the wars, and principall places in Combats, and other places of Command. Likewi&s;e the Greekes call them in their Language, <HI>Ba&s;iles, Archa, Hege|mones,</HI> which is to &s;ay, props of the people, Princes, Conductors. The Germans and other Nations u&s;e all &s;ignificant names, and which expre&s;&s;e, that the duty of a <HI>King</HI> con&s;i&s;ts not in making glorious Paradoes: but that it is an office of a weighty charge and continuall care. But in briefe, the Poet <HI>Homer</HI> calls <HI>Kings</HI> the Judges of Cities, and in de&s;cribing of <NOTE PLACE="marg">Hom. lib. 1. Head. Ovid. l. 6 meta.</NOTE> <HI>Agamemno<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">,</HI> he calls him wi&s;e, &s;trong, and valiant. As al&s;o, <HI>Ovid</HI> &s;peaking of <HI>Erichtheus,</HI> &s;ayes, that <NOTE PLACE="marg">Iustia elubi<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters"> <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">a|lid<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">&s;ne p<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">enti<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">s ar|mis.</NOTE> it was hard to know, whether Ju&s;tice or Valour were more tran&s;parent in him: in which the&s;e two Poets &s;eemes exactly to have de&s;cribed the duties of <HI>Kings</HI> and <HI>Princes.</HI> You &s;ee what was the Cu&s;tome of the <HI>Kings</HI> of the Heathen Nations; after who&s;e examples, the Jewes de|manded and e&s;tabli&s;hed their <HI>Kings.</HI></P>
<P>The Queen of <HI>Sheba</HI> &s;aid al&s;o to <HI>S<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">lomon,</HI> that God had made him <NOTE PLACE="marg">2 <HI>chron. 9. 8. Wi&s;dome,</HI> 9. 7.</NOTE> <HI>King</HI> over them to do judgment and Ju&s;tice.</P>
<P>And <HI>Solomon</HI> him&s;elf &s;peaking to God, &s;aith. Thou ha&s;t cho&s;en me to be a <HI>King</HI> over thy People, and a Judge of thy Sonnes and Daugh|ters.</P>
<PB N="69" REF="38">
<P>For this cau&s;e al&s;o the good Kings, as <HI>David, Io&s;ephar,</HI> and others, be|ing not able in their own per&s;ons to determine all the &s;uits and diffe|rences of their Subjects (although in the cau&s;es of greate&s;t importance they received an appeal alwayes to them&s;elves, as appears in <HI>Samuel)</HI> <NOTE PLACE="marg">2 <HI>Sam.</HI> 15. 2. 1 <HI>chrou.</HI> 23. 4. &amp; 26, 29 2 <HI>Chron.</HI> 19. It <HI>Rom.</HI> 13.</NOTE> had ever above all things a &s;peciall care, to e&s;tabli&s;h in all places ju&s;t and di&s;creet Judges, and principally &s;till to have an eye to the right admini&s;tration of ju&s;tice, knowing them&s;elves to carry the &s;word, as well to cha&s;ti&s;e wicked and unju&s;t Subjects, as to repul&s;e forreigne Enemies.</P>
<P>Briefly, as the Apo&s;tles &s;ayes, <HI>The Prince is ordained by God for the good a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d profit of the people, being armed with the &s;word to defend the good from the violence of the wicked,</HI> and when he di&s;chargeth his duty there|in all men owe him honour and obedience.</P>
<P>Seeing then that Kings are ordained by God and e&s;tabli&s;hed by no people, to procure and provide for the good of tho&s;e which are com|mit<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ed unto them, and that this good or profit be principally ex|pre&s;&s;ed in two things, to wit, in the admini&s;tration of ju&s;tice to their &s;ubjects, and in the managing of armes for the repul&s;ing their enne|mies: certainly, wee mu&s;t inferre and conclude from this that the Prince which applies him&s;elf to nothing but his peculiar profits, and plea&s;ures, or to tho&s;e ends which mo&s;t readily conduce thereunto, which contemnes and perverts all lawes, which u&s;eth his &s;ubjects more cruelly then the barbare&s;t enimy would do, he may truly and ea&s;ly be called a Tyrant, and that tho&s;e which in this manner govern their Kingdomes, be they of never &s;o large an extent, are more properly unju&s;t pillagers and boo&s;e-haiers then lawfull governours.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>Whether the Kings be above the law.</HEAD>
<P>Wee mu&s;t here yet proceed a little further: for it is demanded whether the King which pre&s;ides in the admini&s;tration of ju&s;tice have power to re&s;olue and determine bu&s;ine&s;&s;e according to his owne will and plea&s;ure? mo&s;t the Kings be &s;ubject to the law, or doth the law de|pend <NOTE PLACE="marg">August. 1. 4. c. 4. &amp; 6. to <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ivita Dei.</NOTE> upon the King; the law (&s;aith an ancient) is re&s;pected by tho&s;e which otherwayes contemne vertue for it inforceth obedience and mini&s;treth conduct in warfaring and gives viger and lu&s;ter to ju&s;tice and equity. <HI>Pau&s;anias</HI> the <HI>Spartane</HI> will an&s;wer in a word, that it be|comes lawes to direct, and men to yeeld obedience to their authority, <HI>Ago&s;itaus</HI> King of <HI>Sparta</HI> &s;ays that all commanders mu&s;t obey the com|mandements of the lawes, But it &s;hall not be ami&s;&s;e to cla<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">ume this matter a little higher, when people began for ju&s;tice to &s;eek to deter|mine their differences, if they met with any private man that did
<PB N="70" REF="39"> ju&s;tly appoint them they were &s;atisfied with it, now for &s;o much as &s;uch men were rarely and with much difficulty met withall, and for that the judgements of kings received as lawes were oftentimes found contrary and difficult, then the Magi&s;trates and others of great wi&s;dome invented lawes, which might &s;peak to all men in one and the &s;ame voice. This being done it was expre&s;&s;ly injoyned to kings that they &s;hold be the gardiens and admini&s;trators, And &s;omtimes al&s;o for &s;o much as the lawes could not fore, &s;ee the perticularities of actions to re&s;olve exactly it was permitted, the king to &s;upply this defect, by the &s;ame naturall equity by which the lawes were drawn, and for feare lea&s;t they &s;hould go again&s;t law the people appointed them from time to time a&s;&s;ociates, coun&s;ellors, of whom we have formerly made mention, wherefore there is nothing which exemples the King from obedience which he owes to the law, which he ought to acknowledge as his Lady and Mi&s;tris e&s;teeming nothing can become him wor&s;e then that feminine of which <HI>Iurinall</HI> &s;peakes; <HI>Sic volo, Sic jubeo, &s;ic pro ratione voluntas.</HI> I will, I command, my will &s;hall &s;erve in&s;tead of rea&s;on, neither &s;hould they think their authority the le&s;&s;e becau&s;e they are confind to laws, for &s;eeing the law is a divine gift comming from above, which human &s;ocieties are happily governed and adddre&s;&s;ed to their be&s;t and ble&s;&s;edde&s;t end; tho&s;e Kings are as ridiculous and wor|thy of contempts, which repute it a di&s;honour to conform them &s;elves to law, as tho&s;e &s;urveyors which think them&s;elvs di&s;graced, by u&s;ing of a rule, a compa&s;&s;e, a chaine, or other in&s;truments, which men under|&s;tanding the art of &s;urveying are accu&s;tomed to do, or a Pilot which had rather &s;ayle, according to his fanta&s;ie and imagination, then &s;teere his cour&s;e by his needle and Sea lard, who can double, but that it is a thing more profitable &amp; co~venie~t to obey the law, then the King who is but one man? the law is the &s;oul of a good king it give him mo|tion &s;ence and life. The King is the Organ and as it were the body by which the Law di&s;plays her forces exerci&s;es her function, and expre&s;&s;es her conceptions; now it is a thing much more rea&s;onable to obey the &s;oule, then the body, the law is the wi&s;dom of divers &s;ages; recollec|ted in few words, but many &s;ee more cleere and further then one alone, It is much better to follow the Law then any one mans opini|on be he never &s;o acute, the law is rea&s;on and wi&s;dom it &s;elf, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ee from all perturbation, not &s;ubject to be moved with choller, ambition, hate, or acceptances of per&s;on<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">; Intreaties nor threates cannot make it bow nor, bend on the contrary a man though inducd with rea&s;on &s;uffers him &s;elfe to be lead and tran&s;ported with anger, de&s;ire of re|venge,
<PB N="71" REF="39"> and other pa&s;&s;ions which perplex him in &s;uch &s;ort, that he loo|&s;eth his under&s;tanding becau&s;e being compo&s;ed of rea&s;on and di&s;or|dered affections he cannot &s;o con<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">aine him&s;elf but &s;ome times his pa&s;|&s;ions becomes his Ma&s;ter Accordingly wee &s;ee that <HI>Valentinian</HI> a good Emperour, permits tho&s;e of the Empire to have low wines at once, becau&s;e he was mi&s;led by that impure affection. Becau&s;e Cambi&s;es the &s;onne of Gyms became inamored of his own &s;i&s;ter he would there|fore have marriages betweene brother and &s;i&s;ter, be approved and held lawfull <HI>Cabades</HI> King of the Per&s;ians prohibites the punni&s;hment of adulteries we mu&s;t looke for &s;uch lawes every day if we will have the law &s;ubjects to the King. To come to our purpo&s;e the law is an, under&s;tanding mind or rather an ob&s;tacle of many under&s;tandings the mind being the &s;eal of all the intelligence faculties is (if <HI>I</HI> may &s;o terme it) a parcell of divinity: in &s;o much as he who obeys the law &s;eemes to obey God, and receive him for Arbitrator of the ma<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ets in controver&s;ie.</P>
<P>But on the contrary, in&s;omuch as man is compo&s;ed of this divine: under&s;tanding, and of a number of unruly pa&s;&s;ions; &s;o lo&s;ing him&s;elfe in that bruti&s;hne&s;&s;e, as he becomes void of rea&s;on: and being in that condition, he is no longer a man, but a bea&s;t; he then which de&s;ires ra|ther <NOTE PLACE="marg">Ari&s;to. lib. de mundo &amp; lib 3 poli. ca<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> to obey the King, then the Law, &s;eemes to pre&s;er the commande|ment of a hea&s;t before that of God.</P>
<P>And furthermore, though <HI>Aristotle</HI> were the Tutor of <HI>Alexander,</HI> yet he confe&s;&s;eth, that the divinity cannot &s;o properly be compared to to any thing of this life, as to the ancient Lawes: of well-governed States: he that prefers the Commonwealth applyes him&s;elf to Gods Ordinance: but he that leans to the Kings fancies, in&s;tead of Law, prefers bruti&s;h &s;en&s;uality before well-ordered di&s;cretion. To which al&s;o the Prophers &s;eemes to have re&s;pect, who in &s;ome places de&s;cribe the&s;e great Empires, under the repre&s;entation of ravening Bea&s;ts. But to go on, is not he a very Bea&s;t. who had rather have for his guide a blind and mad man then he which &s;ees both with the eyes of the body, and mind, a bea&s;t rather th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n god. Whence it comes, that though kings as &s;aith <HI>Aristotle,</HI> for a while, at the fir&s;t, commanded without re|&s;traint of Laws, yet pre&s;ently after civilized people reduced i<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">em to a lawfull condition, by bi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ding them to keep and ob&s;erve the Lawes: and for this unruly ab&s;olute authority i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> remained only among&s;t, tho&s;e which commanded over barbarons Nations.</P>
<P>He &s;ayes afterwards, that this ab&s;olute power was the next degree to plain tyrannie, and he had ab&s;olutely called it tyrannie, had not
<PB N="62" REF="40"> the&s;e bea&s;ts like Barbarians, willingly &s;ubjected them&s;elves unto it. But it will be replyed, that it is unworthy the maje&s;ty of Kings, to have their wills bridled by Laws: but I will &s;ay that nothing is more royall then to have our unruly de&s;ires ruled by good lawes.</P>
<P>It is much pitty to be re&s;trained from that which we would doe, it is much more wor&s;e to will that which we &s;hould not do, but it is the wor&s;t of all to do that which the Laws forbid.</P>
<P>I hear me thinks a certain Furionius tribune of the people which oppo&s;ed the pa&s;&s;ing of a Law that was made again&s;t the exce&s;&s;e which then reigned in Rome, &s;aying. My Ma&s;ters you are bridled, you are idle and &s;ettered with the rude bonds of &s;ervitude, your liberty is lo&s;t, a Law is laid on you, that commands you to be moderate: to what purpo&s;e is it to &s;ay, you are free, &s;ince you may not live in what ex|ce&s;&s;e of plea&s;ure you like. This is the very complaint of many Kings at this day, and of their Mignior and Flatterers.</P>
<P>The Royall Maje&s;ty is aboli&s;hed, if they may not turn the kingdom top&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e turvie at their plea&s;ure Kings may go &s;hake their ea<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">es, if Laws mu&s;t be ob&s;erved.</P>
<P>P<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">radventure, it is a mi&s;erable thing to live, if a mad man may not be &s;uffered to kill him&s;elf when he will.</P>
<P>For what el&s;e do tho&s;e things which violate and aboli&s;h Lawes, without which, neither Empires, no nor the very Societies of free|booters <NOTE PLACE="marg">Cicero I. <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">. o&s;&s;icii.</NOTE> can at all &s;ub&s;i&s;t?</P>
<P>Let us then reject the&s;e de<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e&s;table fal&s;ine&s;&s;e and impious vanities of the Court-Marmon&s;i&s;ts, which make kings gods, and receive their &s;ay|ings as Oracles, and which is wor&s;e are &s;o &s;hamele&s;&s;e, as to per&s;wade Kings, that no<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">hing is ju&s;t or equitable of it &s;elfe, but takes its true forme of ju&s;tice or inju&s;tice, according as it plea&s;eth the King to or|dain, as if he were &s;ome god, which could neither erre nor &s;inne at all. Certainly, all that which Gods will is iu&s;t, and therefore, &s;uppo&s;e it is Gods will, but that mu&s;t be ju&s;t with the Kings will, before it is his will. For it is not ju&s;t becau&s;e the King hath appointed it, but that King is ju&s;t which appoints that to be held for ju&s;t, which is &s;o of it &s;elf.</P>
<P>We will not then &s;ay as <HI>Anaxarchus</HI> did to <HI>Alexander,</HI> much per|plexed for the death of his friend <HI>Clitus,</HI> whom he had killed with his own hands, <HI>to wit,</HI> that <HI>Themis</HI> the Godde&s;&s;e of Ju&s;tice, fits by Kings &s;ides, as &s;he does by Jupiters, to approve and confirme what&s;oever to them <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> &s;eem good: but rather, &s;he &s;its as Pre&s;ident over kingdoms, to &s;everely cha&s;ti&s;e tho&s;e Kings which wrong or violate the maje&s;ty
<PB N="63" REF="40"> of the Laws, we can no wayes approve that &s;aying of <HI>Thra&s;imacus</HI> the <HI>Chaldoncan,</HI> That the profit and plea&s;ure of Princes, is the rule by which all Laws are defined: but rather, that right mu&s;t limit the pro|fit of Princes, and the Laws re&s;train their plea&s;ures. And in&s;tead of ap|proving that which that vil<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ainous woman &s;aid to <HI>Caracalla,</HI> that what|&s;oever he de&s;ired was allowed him: We will maintain that nothing is lawful but what the law permits.</P>
<P>And ab&s;olutely rejecting that dete&s;table opinion of the &s;ame <HI>Cara|calla,</HI> that Princes gives Laws too hers, but receive none from any; we will &s;ay that in all kingdomes well e&s;tabli&s;hed, the King receives the Laws from the people, the wh<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ch he ought carefully to con&s;ider and maintain, and what&s;oever, e<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ther by force or fr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ud he does, in preju|dice of them mu&s;t alwayes be repu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ed unju&s;t.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>Kings receive Lawes from the people.</HEAD>
<P>The&s;e may be &s;ufficiently verified by examples. Before there was a King in <HI>I&s;rael,</HI> God by <HI>Mo&s;es</HI> pre&s;cribed to him both &s;acred and evill <NOTE PLACE="marg"><HI>Deut.</HI> 17</NOTE> Ordinances, which he &s;hould have perpetually before his eyes. but af|ter that <HI>Saul</HI> was elected and e&s;tabli&s;hed by the people, <HI>Samuel</HI> delive|red it to him written, to the end, he might carefully ob&s;erve it neither were the &s;ucceeding Kings received before they had &s;worn to keepe tho&s;e Ordinances.</P>
<P>The Ceremony was this, that together with the &s;etting of the crown on the Kings head, they delivered into his hands the Book of the Te|&s;timony, which &s;ome under&s;tand, <HI>to be the right of the people of the Land,</HI> others <HI>the Law of God, according to which he ought to govern the people. Cirus</HI> acknowledging him&s;elf con&s;ervator of his Countries Lawes, ob|liegeth him&s;elf to oppo&s;E any man that would offer to infringe them: and at his mauguration tyes him&s;elf to ob&s;erve them, although &s;ome flatterers tickled the eares of his Son <HI>Cambi&s;es,</HI> that all things were lawfull for him.</P>
<P>The Kings of <HI>Sparta</HI> whom <HI>Aristotle</HI> calls lawfull Princes, did eve|ry moneth renew their oaths, promi&s;ing in the hands of the <HI>Ephori,</HI> <NOTE PLACE="marg">Zeneph. de Reb. Laced.</NOTE> procures for the kingdome, to rule according to tho&s;e Lawes which they had from <HI>Lieurgus.</HI></P>
<P>Hereupon it being asked <HI>Archidamus,</HI> the Son of <HI>Zeuxidamus,</HI> who were the Governours of <HI>Sparta,</HI> he an&s;wered <HI>the Laws, and the lawfull Magistrates.</HI>
<PB N="64" REF="41"> and lea&s;t the lawes might grow into contempt, the&s;e people bragged. that they received them from heaven, and that they were in&s;pired from above, to the end that men might beleeve that their determina|tions were from God and not from man, the Kings of Egypt did in nothing vary from the tennour of the lawes, and confe&s;&s;ed that their principall <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">elicity con&s;i&s;ted in the obedience th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y yeelded to them. <HI>Romulus</HI> at the in&s;titution of the Roman kingdome made this agree|ment with &s;enators, the people &s;hould make lawes and he would take both for him&s;elfe and others to &s;ee them ob&s;erved and kept <HI>Antiochus</HI> the third of that name King of <HI>A&s;ia</HI> writ unto all the Cities of his <NOTE PLACE="marg"><HI><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> of lib 5. ca.</HI> 6.</NOTE> kingdome, T<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">at if the letters &s;ent unto them in his name there were any thing found repugnant to the lawes, they &s;hould beleeve they were no act of the Kings, and therefore yeeld no obedience unto them. Now although &s;ome Citizens &s;ay, that by decree of Senate the Emperour <HI>Augu&s;tus</HI> was declared to be exempt from obedience to Lawes: yet notwith&s;tanding <HI>Theodo&s;ius,</HI> and all the other good and rea&s;onable Emperours, have profe&s;&s;ed that they were bound to the Lawes, le&s;t what had been extorted by violence, might be <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">c|knowledged and received in&s;tead of Law. And for <HI>Augu&s;tus Cae&s;ar</HI> in &s;o much as the Roman Common wealth was en thralled by his power and violence &s;he could <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ay nothing freely but that &s;he had lo&s;t her freedome. And becau&s;e they dur&s;t not call <HI>Augu&s;tus</HI> a tyrant the &s;enate &s;aid he was exempt from <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ll obedience to the lawes, which was in effect as much as if they plainely &s;hould have &s;aid, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">he Empe|rour was an outl<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">w. The &s;ame right <GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">h ever beene of force in all well governed &s;tates and Kingd<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">mes of Chr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ndome.</P>
<P>For neither the Emperour the King of <HI>France,</HI> nor the Kings of <HI>Spain, England Polander, Hungarie,</HI> and all other lawfull Princes, as the Areh Dukes of <HI>Au&s;triae</HI> Dukes of <HI>Brabante,</HI> Earles of <HI>Flanders,</HI> and <HI>Holland,</HI> nor other Princes are not recreated to the government of their e&s;tates before they have promi&s;ed to the Electours, Peeres, Pala<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ins, Lords, Barons, and Governours, that they will render to every one right according to the lawes of the Country, yea &s;o &s;trictly that they cannot alter or innovate any thing contrary to the priviledges of the countries without the con&s;ent of the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ownes and provinces, If they do it, they are no le&s;&s;e guilty of rebellion again&s;t the lawes then <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">he people is in their kind if they refu&s;e obedience, when they command according to law; briefly lawfull princes receive the lawes from the people as well as the crown in lieu of honour, and the
<PB N="65" REF="41"> &s;cepter in liue of power, which they are bound to keep and maintain and therein repo&s;e their chiefe&s;t glory.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>If the Prince may make new lawes.</HEAD>
<P>What then? &s;hall it not be lawfull for a Prince to make new lawes and abrogate the old? &s;eeing it belongs to the King not onely to ad|vi&s;e that nothing be done neither again&s;t nor to defraud the lawes: but al&s;o that nothing be wan<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ing to them or any thing to much in them; briefly that neither age nor lap&s;e of time do aboli&s;h or entombe them: i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> there be any thing to abridge, added, or taken away from them, <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">t is his duty to a&s;&s;emble the e&s;tates, and to demand their advi&s;e and re&s;olution, without pre&s;uming to publi&s;h any things be<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ore the whole have beene, fir&s;t du<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y examined and approved by them, after the l<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">w is once ennacted and publi&s;hed, there is no more di&s;pute to be made above it, all men owe obedience to it, and the prince in the fir&s;t place to teach other men their duty, and for that all men are ca|<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">i<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ier led by example then by precep<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s, the prince mu&s;t nece&s;&s;arily ex|pre&s;&s;e his willingne&s;&s;e to ob&s;erve the lawes or el&s;e by what equity can he require obedience in his &s;ubjects to that which he him&s;elfe con<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">mnes.</P>
<P>For the di&s;terence which is betwixt Kings and &s;ubjects ought not to con&s;i&s;t in impurity, but in equity and ju&s;tice. And there<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ore al|though Augu&s;tus was e&s;teemed to be exempt by the d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">cree of the S<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">nate, notwith&s;tanding reproving of a young man that had broken the Iulian law concerning adultery, he boldly replyed to Augu&s;tus that he him&s;elf had tran&s;gre&s;&s;ed the &s;ame laws which condemnes a|dul<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">eries, the Emperour acknowledged his fault and for grief forbore to late. So convenient a <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">hing it is in nature to practi&s;e by example <NOTE PLACE="marg">Demoth in oratio con. Timocrat.</NOTE> that which we would teach by precipt.</P>
<P>The Lawgicer Solon was wont to compare laws to mony, for they m<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">n<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ain human &s;ocieties as many pre&s;erves traffick, neither impro|perly then if they Kings may not law<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ully or at the lea&s;t heretofore could not mannace or imba&s;e good mony without the con&s;ent of the Common wealth: much more <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ei<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e can he have power to make and <NOTE PLACE="marg">Innocen. 3. ad regem. Fam. in ca. quado d<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ure ju|ando.</NOTE> unmake lawes, without the which, no<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Kings, nor &s;ubjects, can coha bite in &s;ecurity bu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> mu&s;t befor<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> to live brut<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;hly in caves and de&s;erts like wild bea&s;t, wherefore al&s;o the Emperour of Germany e&s;teeme it needful to make &s;ome law for the good of the empire, fir&s;t he demands the advi&s;e of the e&s;tates if it be there approved the Princes Barons &amp; Deputies of the towns &s;ignei<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> and then the law is ratified for he &s;o|lemnly &s;wears to keep the laws already made, and to introduce no new ones without a generall con&s;ent.
<PB N="66" REF="42"> There is a Law in <HI>Poloniae,</HI> which hath beene renewed in the yeere, 1454. and al&s;o in the yeere 1538. and by tho&s;e it is decreed, that no new Lawes &s;hall be made, but by a common con&s;ent, nor no where el&s;e, but in the Generall A&s;&s;embly of the E&s;tates.</P>
<P>For the Kingdome of France, where the Kings are thought to have greater authority, then in o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">her places, anciently all Lawes were onely made in the A&s;&s;embly of the E&s;tates, or in the ambulatory <HI>Parlia|ment.</HI> But &s;ince this Parliament hath been Sedentary, the Kings ed<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">cts are not received as authentically, before the <HI>Parliament</HI> hath approved them.</P>
<P>Whereas on the contrary, the decrees of this <HI>Parliament,</HI> where the Law is defective, have commonly the power and effect of Law. In the Kingdomes of <HI>England, Spain, Hungary,</HI> and others, they yet enjoy in &s;ome &s;ort their ancient priviledges.</P>
<P>For, if the welfare of the Kingdom depends of the ob&s;ervation of the Laws, and the Lawes are enthralled to the plea&s;ore of one man? is it not mo&s;t certain, that there can be no permanent &s;tability in that government? Mu&s;t it not then nece&s;&s;arily come to pa&s;&s;e, that if the King (as &s;ome have been) be infected with Lunacie, either continual|ly or by intervales, that the whole State fall inevitably to ruine? But if th<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> Laws be &s;uperiour to the King, as we have already proved, and that the King be tyed in the &s;ame re&s;pect of obedience to the Lawes, as the Servant is to his Ma&s;ter who will be &s;o &s;en&s;le&s;&s;e, that will not ra|ther obey the Law, then the King? or will not readily yeeld his be&s;t a&s;&s;i&s;tance again&s;t tho&s;e that &s;eek to violate or infringe them? Now &s;eeing that the King is not Lord over the Lawes, let us examine how far his power may be ju&s;tly extended in other things.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>Whether the Prince have power of life and death over his Subjects?</HEAD>
<P>The Minnions of the Court hold it for an undeniable Maxime, That Princes have the &s;ame power of life and death over their Sub|jects, as anciently, Ma&s;ters had over their &s;laves, and with the&s;e fal&s;e imaginations have &s;o bewitched Princes, that many, although they put not in ure with much rigour this imaginary right, yet they imagine, that they may lawfully do it, and in how much they defi&s;t from the practi&s;e thereof, in&s;omuch, that they quit and relinqui&s;ite of their right and due.</P>
<PB N="67" REF="42">
<P>But we affirme on the contrary, that the Prince is but as the Mi|ni&s;ter and Executor of the Law, and may only un&s;heath the Sword a|gain&s;t tho&s;e whom the Law hath condemned; and if he do otherwi&s;e, he is no more a King, but a Tyrant; no longer a Judge, but a Malefa|ctor, and in&s;tead of that honourable Title of Con&s;ervatour, he &s;hal be ju&s;tly branded with that foule terme of Violator of the Law and E|quity.</P>
<P>We mu&s;t here fir&s;t of all take into our con&s;ideration the founda|tion on which this our di&s;putation is built, which we have re&s;olved in|to this head, <HI>That Kings are ordained for the benefit and profit of the pub|like State;</HI> this being granted, the que&s;tion is &s;oon di&s;cu&s;t: For who will believe that men &s;ought and de&s;ired a King, who upon any &s;udden motion might at his plea&s;ure cut their throats: or which in colour or revenge might when he would take their heads from their &s;houl|ders.</P>
<P>Briefly, who (as the wi&s;e man &s;ayes) carryes death at his tongues end we mu&s;t not think &s;o idely.</P>
<P>There is no man &s;o vain, which would willingly that his welfare &s;hould depend of anothers plea&s;ure; Nay, with much difficulty will any man tru&s;t his life in the hands of a friend <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">r a brother, much le&s;&s;e of a &s;tranger be he never &s;o worthy. Seeing that Envie, Hare, and Rage did &s;o far tran&s;port <HI>Athanas</HI> and <HI>Ajax</HI> beyond the bounds of rea&s;on, that the one killed his children, the other fayling to effect his de&s;ire in the &s;ame kind again&s;t his friends and companions, turned his &s;ury and murtherous intent, and acted the &s;ame revenge upon him&s;elf. Now it being naturall to every man to love him&s;elfe, and to &s;eek the pre&s;er|vation of his own life.</P>
<P>In what a&s;&s;urance I pray you would any man re&s;t to have a Sword continually hanging over his head by a &s;mall threed, with the point towards him? Would any mirth or jollity reli&s;h in &s;uch a continuall affright? Can you po&s;&s;ible make choyce of a more &s;lender threed then to expo&s;e your life and welfare into the hands and power of a man &s;o mutable that changes with every puft of wind. Briefly, which al|mo&s;t a thou&s;and times a day, &s;hakes off the re&s;traint of rea&s;on and di&s;cretion, and yeelds him&s;elf &s;lave to his own unruly and di&s;ordered pa&s;&s;ions.</P>
<P>Can there be hoped or imagined any profit or advantage &s;o great or &s;o worthy, which mig<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t equalize or counterpo&s;e this feare or this danger? Let us conclude then, that it is again&s;t Delinquents onely,
<PB N="68" REF="43"> whom the mouth of the Law hath condemned, that <HI>Kings</HI> may draw forth the Sword of Authority.</P>
<P><HI>If the King may pardon tho&s;e whom the Law condemnes?</HI></P>
<P>But becau&s;e life is a thing precious, and to be favoured peradven|ture it will be demanded, whether the <HI>King</HI> may not pardon and ab|&s;olve tho&s;e whom the Law hath condemned.</P>
<P>I an&s;wer, no Otherwi&s;e this cruell pitty would maintain Theeves, Robbers Murtherers Ravi&s;ters, Poy&s;oners Sorcerers, &amp; other plagues of Mankind, as we may reade Tyrants have done here afore in many places, and to our wofull experience, wee may yet &s;ee at this pre&s;ent time; And therefore, the Bea&s;t of Law in this kind, will by impurity much encrei&s;e the number of offendors.</P>
<P>So that he which received the Sword of Authority from the Law to promi&s;e offence; will arme offenders therewith again&s;t the Lawes, and put him&s;elfe the Woolfe into the Fold, which hee ought to have warran<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ed from their ravenous outrages.</P>
<P>But for &s;o much that it may chance in &s;ome occa&s;ions, that the Law being mute, may have need of a &s;peaking Law and that the King being in &s;ome ca&s;es the apte&s;t Expo&s;itor, a king for the Rule of his ac|tions Equity and Rea&s;on, which as the &s;oule of the Soule may &s;o cleere the intention thereof, as where the offence is rather commited again&s;t the words, then the intendment of the Law, hee may free the innocent Offendor from the guilt thereof, becau&s;e a ju&s;t and equitable Expo&s;ition of the Law may in all good rea&s;on be taken for Law it &s;elfe, as neere&s;t concurring with the intention of the Law ma|kers.</P>
<P>Notwith&s;tanding lea&s;t pa&s;&s;ion &s;hould prepo&s;&s;e the place of rea&s;on <NOTE PLACE="marg">I. <HI>Nomi|ms &amp; res</HI> S. <HI>ver|bum ex l<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ge.</HI> D. <HI>de verb &s;ig|nif.</HI></NOTE> Kings &s;hould in this fa&s;hion them&s;elves to the ordinary practi&s;e of the Emperour, &s;everns not to determine ab&s;olutely any thing before it were maturely di&s;cu&s;&s;ed by upright and di&s;creet men in that facul|tie.</P>
<P>And &s;o the King may rigorou&s;ly puni&s;h the Murtherer; and yet notwith&s;tanding pardon him, which ca&s;ually, and without any &s;uch purpo&s;e killeth one. He may put to death the Thiefe, and yet pardon that man which in <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">is own defence killeth him that would have rob|bed him. Brie&s;ly in all other occurrences hee may di&s;tingui&s;h, as being e&s;tabli&s;hed Aroitrator and Newter, Chaunce medly from malice, fore-thought a good purpo&s;e from the Rigour of the Law, without favouring at any time Malice or Trea&s;on, Neither can the
<PB N="77" REF="43"> omi&s;&s;ion of this duty gain to him any true e&s;teeme of mercifull: for certainly that Shepherd is much more pitifull which kils the Woolf, then he which lets him e&s;cape: the clemencie of that King is more commendable which commits the malefactor to the hangman, then he which delivers him; By pu<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ing to death the murtherer, many Innocents are delivered from danger: whereas by &s;uffering him e&s;cape, both he and others through hope of the like impunitie, are made more audacious to perpetrate farther mi&s;chief, &s;o that the immediate act of &s;aving one Delinquent, arms many hands to murther divers Innocents; there is therefore both truly mildne&s;&s;e in putting to death &s;ome, and as certainly cruelty in pardoning of others. Therefore as it is permitted the King, being as it were <HI>Cu&s;tos</HI> of the Law, in &s;ome ca&s;es to interpret the words thereof: &s;o in all well ordered Kingdoms, it is enjoyn|ed the Coun&s;ell of State, and their duty obligeth them to exa|mine the Kings interpretation, and to moderate both his &s;eleritie and facilitle. If through the corruption and weaknes of men this have not been &s;o really and throughly ob&s;erved as it ought: yet notwith&s;tanding the right alwayes remains intire, and there wants onely integritie and courage in the parties to make it ef|fectuall.</P>
<P>But not to heap up too many examples in a matter &s;o manife&s;t|ly clear, it hath been in this manner practi&s;ed in the Realm of <HI>France.</HI> For we have there oftentimes &s;een tho&s;e put to death, to whom the King had granted his Charter of pardon: and tho&s;e pardoned, whom He commanded &s;hould be put to death. And &s;ometimes offences committed in the Kings pre&s;ence remitted, becau&s;e there was no other witne&s;&s;e but him&s;elf. The which hap|pened in the time of <HI>Hen:</HI> 2. to a certain &s;tranger, who was accu|&s;ed by the King him&s;elf of a grievous offence. If an offendor by the interce&s;&s;ion of friends have his pardon granted by the king, the Chancellor upon &s;ufficient cau&s;e may cancell it: if the Chan|cellor connive, yet m<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">t the crimined pre&s;ent it before the Judges, who ought not onely carefully to con&s;ider, whether the Pardon were gotten by &s;ur<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">eptitious or indirect means, but al&s;o if it be legall, and in due form: neither can the De inquent that hath obtained his Cha<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ter of Pardon make u&s;e of it, untill fir&s;t he ap|peal in publick Court-bare headed, and on his knees plead it, &s;ubmitting him&s;elf pri&s;oner untill the Judges have maturely
<PB N="78" REF="44"> weighed and con&s;idered the rea&s;ons that induced the King to grant him his pardon: If they be found in&s;ufficient, the offendor mu&s;t &s;uffer the puni&s;hment of the Law, as if the King had not granted him any pardon: but if his pardon be allowed, he ought not &s;o much to thank the King, as the equitie of the Law which &s;aved his life. The manner of the&s;e proceedings was excellently ordained, both to contain the King within the limits of equitie, le&s;t being armed with publick Authoritie, he &s;hould &s;eek to re|venge his own particular &s;pleen, or out of fancie or partialitie remit the wrongs and outrages committed again&s;t the publick &s;afetie: as partly al&s;o to re&s;train an opinion in the Subject, that any thing could be obtained of the King which might prejudice the Laws. If the&s;e things have been ill ob&s;erved in our times, not|with&s;tanding that which we have formerly &s;aid, remains al|waies certain, that it is the Laws which have power over the lives and deaths of the Inhabitants of a Kingdom, and not the King which is but Admini&s;trator and Con&s;ervator of the Laws.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>Subjects are the Kings Brethren, and not his &s;laves.</HEAD>
<P>For truly neither are the Subjects, as it is commonly &s;aid, the Kings &s;laves, or bond men: being neither pri&s;oners taken in the wars, nor bought for money: but as con&s;idered in one intire body they are Lords, as we have formerly proved; &s;o each of them in particular ought to be held as the Kings <HI>Brothers and kin&s;men.</HI> And to the end that we think not this &s;trange, let us hear what God him&s;elf &s;aith when he pre&s;cribes a law to Kings; That they lift <NOTE PLACE="marg">Deuc. 17. 15. 20. Barto. in tract. de regi<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n. civit.</NOTE> not their heart above their brethren from among&s;t whom they were cho&s;en. Whereupon <HI>Bartolus</HI> a famous Lawyer, who lived in an age that bred many Tyrants, did yet draw this conclu&s;ion from that Law, that Subjects were to be held and u&s;ed in the qua|litie and condition of the Kings brethren, and not of his &s;laves. Al&s;o King <HI>David</HI> was not a&s;hamed to call his Subjects <HI>his brethren.</HI> <NOTE PLACE="marg">1 Chron 28. 2</NOTE> The ancient Kings were called <HI>Abimelech,</HI> an Hebrew word which fignifies, <HI>My father the King.</HI> The Almighty and all good God, of who&s;e great gentlene&s;&s;e and mercie we are daily partakers, and very &s;eldome feel his &s;everitie, although we ju&s;tly de&s;erve it, yet is it alwayes mercifully mixed with compa&s;&s;ion; whereby he teacheth Princes, his Lieutenants, that Subjects ought rather to be held in obedience by love, than by fear.</P>
<P>But le&s;t they &s;hould except again&s;t me, as if I &s;ought to trench
<PB N="79" REF="44"> too much upon the Royall Authoritie, I verily beleeve it is &s;o much the greater, by how much it is likely to be of longer conti|nuance. For &s;aith one, &s;ervile fear is a bad guardian, for that Au|thoritie <NOTE PLACE="marg">Cicer. l, 2. offic.</NOTE> we de&s;ire &s;hould continue; for tho&s;e in &s;ubjection hate them they fear, and whom we hate, we naturally wi&s;h their de|&s;truction: on the contrary, there is nothing more proper to main|tain their Authority then the affection of their &s;ubjects, on who&s;e love they may &s;afelie&s;t and with mo&s;t &s;ecuritie lay the foundati|on of their greatne&s;&s;e. And therefore that Prince which governs his Subjects as brethren, may confidently a&s;&s;ure him&s;elf to live &s;ecurely in the mid&s;t of dangers: whereas he that u&s;eth them like &s;laves, mu&s;t needs live in much anxietie and fear, and may well be re&s;embled to the condition of that Ma&s;ter which remains a|lone in &s;ome de&s;art in the mid&s;t of a great troop of &s;laves; for look how many &s;laves any hath, he mu&s;t make account of &s;o ma|ny Enemies, which almo&s;t all Tyrants that have been killed by their Subjects have experimented: whereas on the contrary, the Subjects of good Kings are ever as &s;olicitou&s;ly carefull of their &s;afetie, as of their own welfare.</P>
<P>To this may have reference that which is read in diver&s;e pla|ces <NOTE PLACE="marg">Plato lib. 8. de repub. Seneca. Aliud e&s;t &s;er|vire, aliud obedire: aliud libertas, ali|ud licentia. L. 5. D. de parricid. L. 2. ad leg. Corneliam de &s;icar. vbi vlp. L. 1. c. de parricid.</NOTE> of <HI>Ari&s;totle,</HI> and was &s;ayd by <HI>Aga&s;icles</HI> King of <HI>Sparta,</HI> That Kings command as fathers over their children, and Tyrants as ma&s;ters over their &s;laves, which we mu&s;t take in the &s;ame &s;ence, that the civilian <HI>Martianus</HI> doth, to wit, that paternall autho|rity con&s;i&s;ts in piety, and not in rigor, for that which was practi|&s;ed among&s;t the men of the accorne age, that fathers might &s;ell, and put to death their children at their plea&s;ure, hath no autho|rity among&s;t Chri&s;tians, yea the very Pagans which had any hu|manity, would not permit it to be practi&s;ed on their &s;laves. There|fore then the father hath no power over the &s;ons life, before fir&s;t the Law have determined; it, otherwai&s;e he offends the Law, <HI>Cornelius</HI> again&s;t privie murtherers, and by the Law <HI>Pompeius</HI> a|gain&s;t <HI>Parricides,</HI> the father is no le&s;&s;e guilty which kills the &s;on, then the &s;on which murthers the father: for the &s;ame occa&s;ion the Emperor <HI>Adrian</HI> bani&s;hed into an I&s;land which was the u&s;u|all puni&s;hment for notorious offenders, a father which had &s;lain his &s;on, a hurting of whom he had entertained a jealous opinion for his mother in Law, concerning &s;ervants or &s;laves, we are ad|moni&s;hed in holy writ to u&s;e them like brethren, and by humane
<PB N="80" REF="45"> con&s;titutions as hierlings, or mercinaries.</P>
<P>By the Civill Law of the <HI>Egyptians,</HI> and <HI>Romans,</HI> and by the <NOTE PLACE="marg">Eccle&s;ia&s;t. 33. Cicer. lib. 3. offici. Diod. Sic. lib. 2. C. 2. L. 1 D. de his qui &s;unt &s;ui, vel. al. juris.</NOTE> con&s;titutions of the <HI>Antonims,</HI> the Ma&s;ter is a&s;well liable to pu|ni&s;hment which hath killed his own &s;lave, as he which killed an|other mans. In like manner the Law delivers from the power of the Ma&s;ter the &s;lave whom in his &s;ickne&s;&s;e he hath altogether neglected, or hath not afforded convenient food, and the infran|childe &s;lave who&s;e condition was &s;omewhat better, might for a|ny aparent injurie bring his action again&s;t his Patron. Now &s;eeing there is &s;o great difference between &s;laves, and lawfull children, betwixt Lords and fathers, and notwith&s;tanding here|tofore it was not permitted among&s;t the heathen, to u&s;e their &s;laves cruelly: What &s;hall we &s;ay, pray you, of that father of the people, which cries out tragically with <HI>Aireus,</HI> I will devoure my Children? In what e&s;teeme &s;hall we hold that Prince which takes &s;uch plea&s;ure in the ma&s;&s;acring his Subjects, (condemned with|out being ever heard) that he di&s;patched many thou&s;and of them, in one day, &amp; yet is not glutted with blood: Briefly who after the example of <HI>Caligula</HI> (&s;urnamed the <HI>Phaeton</HI> of the world) wi&s;heth that all his people had but one head that he might cut it off at one blow? Shall it not be lawfull to implore the a&s;&s;i&s;tance of the Law again&s;t &s;uch furious madne&s;&s;e, and to pull from &s;uch a Tyrant the &s;word which he received to maintaine the Law, and defend the good, when it is drawn by him onely for rapine and ruine?</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>Whether the goods of the people belong to the King,</HEAD>
<P>But to proceed, let us now &s;ee whether the King whom we have alreadie proved, hath not power over the lives of his Subjects; is not at the lea&s;t Lord over their Goods. In the&s;e dayes there is no language more common in the Courts of Princes, then of tho&s;e who &s;ay 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 expre&s;&s;eth the care he hath that they &s;hould not be altogether de&s;titute of meanes to maintaine them&s;elves; and this opinion hath gained &s;o much po|wer in the minds of &s;ome Princes, that they are not a&s;hamed to &s;ay that the paines, &s;weat and indu&s;trie of their Subjects is their proper revenue, as if their mi&s;erable Subjects onely kept bea&s;ts
<PB N="81" REF="45"> to till the earth for their in&s;olent ma&s;ters profit, and luxurie. And indeed, the practi&s;e at this day is ju&s;t in this manner, although in all right &amp; equity it ought to be contrarie, now we mu&s;t alwaies remember that Kings were created for the good and profit of the people, and that tho&s;e (as <HI>Ari&s;totle</HI> &s;ayes) which indeavour and &s;eeke the commoditie of the people, are tru&s;ty Kings: whereas tho&s;e that make their own private ends and plea&s;ures, the onely butt and aime of their de&s;irers are truly Tyrants.</P>
<P>It being then &s;o 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 &s;hould &s;eek a ma&s;ter to give him franck|lie al that they had long laboured for, and gained with the &s;weat of their browes? may we not rather imagine, that they cho&s;e &s;uch a man on who&s;e integrity they relied for the admini&s;tring of ju&s;tice equally both to the poore and rich, and which would not a&s;&s;ume all to him&s;elfe, but rather maintaine every one in the fruition of his own goods? or who like an unprofitable Drone &s;hould &s;uck the fruit of other mens labours, but rather pre&s;erve the hou&s;e, for tho&s;e who&s;e indu&s;trie ju&s;tly de&s;erved it? briefly, who in&s;tead of extorting from the true owners their goods, would &s;ee them defended from all ravening oppre&s;&s;ors? What I pray you skills it &s;ayes the poore Countrie man, whether the King, or the enemy make havok of my goods, &s;ince through the &s;poile thereof I and my poore familie die for hunger? what imports it whether a &s;tranger or home-bred caterpiller ruine my e&s;tate, and bring my poore fortune to extream beggery? Whether a forrein Souldier, or a Sicophant Courtier by force or fraud, make me a|like mi&s;erable? Why &s;hall 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 man&s;laugh|ter, by &s;o much the wickedne&s;&s;e of a King, exceeds in mi&s;chiefe the violence of an enemy.</P>
<P>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 them&s;elves? Wherefore the Kings of <HI>Egypt</HI> were not (accor|ding to Law) at the fir&s;t the Lords of particular mens e&s;tates, but were onely then when they were &s;old unto them for corne, and
<PB N="82" REF="46"> yet may there well be que&s;tion made of the validitie of that con|tract. <HI>Ahab</HI> King of <HI>I&s;rael</HI> could not compell <HI>Naboth</HI> to &s;ell him his <NOTE PLACE="marg">Gen 45. 1 Kings. 21. 1. &amp;c.</NOTE> vineyard; but rather if he had been willing, the Law of God would not permit it. The Roman Emperors which had an unrea&s;onable power, could neither by right have done it. At this day there is with much difficultie any Kingdom to be found, where the meane&s;t Subject may not &s;ue the King, &amp; where many times the <NOTE PLACE="marg">L. venditor. 13. D. de com. praed. di|vid.</NOTE> King is not ca&s;t in the &s;ute, which &s;ucceeding he mu&s;t as well as o|thers &s;atisfie the judgment. And to this is not contrarie, although at the fir&s;t veiw it &s;eeme &s;o, that which &s;ome of their mo&s;t fami|liars have written of the Emperors. That by the civill Law all things were the Kings, and that <HI>Cae&s;ar</HI> was ab&s;olute Lord of all <NOTE PLACE="marg"><HI>Seneca lib. de benef. 7. C.</HI> 4. 5. 6.</NOTE> things, they them&s;elves expound this their opinion in this man|ner, that the dominion of all things belongs to the King, and the proprietie to the particular per&s;ons, in&s;omuch as the one po&s;|&s;e&s;&s;eth all by the right of commanding, the other by the Law of inheritance: We know, that it is a common &s;aying among&s;t the Civilians, that if any make claime to a hou&s;e, or a Ship, it fol|lowes not therefore that he can extend his right to all the furni|ture <NOTE PLACE="marg">L. nave. 36. D. de evictio|nibus.</NOTE> or lading. And therefore a King may challenge and gaine right to the Kingdome of <HI>Germanie, France</HI> and <HI>England</HI>&punc; and yet notwith&s;tanding he may not lawfully take any hone&s;t mans e|&s;tate from him, but by manife&s;t inju&s;tice, &s;eeing that they are things diver&s;e, and by Law di&s;tingui&s;hed, to be po&s;&s;e&s;&s;ors of the whole, and of all the particular parts.</P>
</DIV3>
<DIV3 TYPE="part">
<HEAD>Whether the King be the proper owner of the Kingdom.</HEAD>
<P>But the King, is he not Lord proprietor of the publick Revenue? We mu&s;t handle this point &s;omewhat more exactly then we did the former. In the fir&s;t place, we mu&s;t con&s;ider that the revenue of the publick Excheaquer is one thing, &amp; the proper patrimonie of the Prince an other, of different nature are the goods of the Em|peror, King, or Prince; to tho&s;e of <HI>A<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">tonius, Henrie,</HI> or <HI>Philip,</HI> tho&s;e are properly the Kings, which he injoyes as King, tho&s;e are <HI>An|tonious</HI> his which he po&s;&s;e&s;&s;eth, as in the right of <HI>Antonius,</HI> the former he received from the people, the latter from tho&s;e of his blood, as inheritor to them.</P>
<P>This di&s;tinction is frequent in the books of the civill Law, where there is a difference ever made, between the patrimonie of
<PB N="83" REF="46"> the Empire, and that of the Emperor, the trea&s;urie of <HI>Cae&s;ar</HI> is one <NOTE PLACE="marg">L. bene &agrave; Zenone. C. de quod. prae&s;c. C. un|de quae&s;t. Mag ib. 12. C. l. fi&s;cus. D. de jurefi&s;ci.</NOTE> thing, and the Exchequer of the Common-wealth another, and both the one and the other have their &s;everall procurers, there being diver&s;e di&s;pen&s;ers of the &s;acred and publick di&s;tributions, and of the particular &amp; private expences, in&s;omuch as he which as Emperor is preferred before a private man, in a grant by deed or chartell, may al&s;o &s;ometime as <HI>Antonius</HI> give place to an in|feriour per&s;on.</P>
<P>In like manner in the Empire of <HI>Germanie,</HI> the revenue of <HI>Ferdi|nand</HI> of <HI>Au&s;tria</HI> is one thing, and the revenue of the Emperor <HI>Fer|dinand</HI> is another: the Empire, and the Emperor have their &s;e|verall trea&s;urers: as al&s;o there is difference in the inheritances which the Princes derive from the hou&s;es of their ance&s;tors, and tho&s;e which are annexed to the Electorall dignities. Yea a|mong&s;t the <HI>Turks</HI> them&s;elves, <HI>Selimus</HI> his gardens and patrimo|niall lands are di&s;tin&s;tui&s;hed from tho&s;e of the publick, the one &s;erving for the provi&s;ion of the <HI>Sultans</HI> table, the other imploied onely about the <HI>Turqui&s;h</HI> affaires of State. There be notwith&s;tan|ding Kingdomes as the <HI>French</HI> and <HI>Engli&s;h,</HI> and others in which the King hath no particular patrimony, but onely the publick which he received from the people, there this former di&s;tinction hath no place. For the goods which belongs to the Prince as a <NOTE PLACE="marg">quaere. of what nature the ancient demeane is in England.</NOTE> private per&s;on there is no que&s;tion, he is ab&s;olute owner of them as other particular per&s;ons are, and may by the civill Law &s;ell, ingage, or di&s;po&s;e of them at his plea&s;ure. But for the goods of the Kingdome, which in &s;ome places are commonly called the <HI>demeanes,</HI> the Kings may not be e&s;teemed nor called in any &s;ort what&s;oever, ab&s;olute Lords Proprietors of them. For what if a man for the flocks &s;ake have made thee Shepheard, doth it fol|low <NOTE PLACE="marg">L. cum &s;ervus 39. Sec vlt. D. de leg. 1. l. univer&s;i. 9. &amp; <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">. &s;eq. C de fundo pa|trim.</NOTE> that thou ha&s;t libertie, to flea, pill, &s;ell, and tran&s;port the Sheepe at thy plea&s;ure? Although the people have e&s;tabli&s;hed thee Judge, or Governour of a Citie, or of &s;ome Province, ha&s;t thou therefore power to alienate, &s;ell, or play away that City or Province? And &s;eeing that in alienating or pa&s;&s;ing away a Pro|vince, the people al&s;o are &s;old, have they rai&s;ed thee to that au|thority to the end thou &s;houlde&s;t &s;eperate them from the re&s;t, or that thou &s;houlde&s;t pro&s;titute and make them &s;laves to whom thou plea&s;e&s;t? Furthermore I demand if the Royall dignity be a patrimony, or an Office? If it be an Office, what Community hath
<PB N="84" REF="47"> it with any propriety? If it be a Patrimony, is it not &s;uch a one that at lea&s;t the paramount propriety remaines &s;till in the people which were the doners? Briefly if the revenue of the Exchequer, or the demeanes of the Kingdome, be called the dowrie of the Common-wealth, and by good right, and &s;uch a dowrie who&s;e di&s;membring or wa&s;ting, brings with it the ruine of the publick State, the Kingdom and the King, by what Law &s;hall it be law|full to alienate this dowrie? Let the Emperor <HI>Wenci&s;laus</HI> be in|fatuated, the <HI>French</HI> King <HI>Charles</HI> the &s;ixt lunatick, and give or &s;ell the Kingdom, or part of it to the <HI>Engli&s;h,</HI> let <HI>Malcolme</HI> King of the <HI>Scots,</HI> lavi&s;hly di&s;&s;ipate the demeanes and con&s;ume the pub|lick trea&s;ure, what followes for all this? Tho&s;e which choo&s;e the King to with&s;tand the inva&s;ions of forrein enemies, &s;hall they through his madne&s;&s;e &amp; negligence be made the &s;laves of &s;tran|gers, and tho&s;e meanes &amp; wealth, which would have &s;ecured them in the fruition of their own e&s;tates and fortunes? Shall they by the election of &s;uch a King be expo&s;ed to the prey &amp; rapine of all commers, and that which particular per&s;ons have &s;aved from their own nece&s;&s;ities, and from tho&s;e under their tutor&s;hip and government, (as it hapned in <HI>Scotland)</HI> to indew the Common|wealth with it, &s;hall it be devoured by &s;ome Pandar or Broker, for unclean plea&s;ures.</P>
<P>But if as we have often &s;aid, that Kings were con&s;tituted for the peoples u&s;e, what &s;hall that u&s;e be, if it be perverted into a|bu&s;e? What good can &s;o much mi&s;chiefe, and inconvenience bring, what profit can come of &s;uch eminent and irreparable dammages and dangers? If (I &s;ay) in &s;eeking to purcha&s;e my own liberty &amp; wellfare, I ingage my &s;elfe into an ab&s;olute thral|dome, and willingly &s;ubject my &s;elf to anothers Yoake, and be|come a fettered &s;lave to another mans unruly de&s;ires, therefore as it is imprinted in all of us by nature, &s;o al&s;o hath it by a long cu&s;tome been approved by all Nations, that it is not lawfull for the King by the coun&s;el of his own fancie and plea&s;ure, to di|mini&s;h or wa&s;te the publick revenue; and tho&s;e which have run a contrar<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e cour&s;e, have even lo&s;t that happy name of a King, and &s;tood b<GAP DESC="illegible" RESP="MURP" EXTENT="4 letters">ded with the infamous title of a Tyrant.</P>
<P>I confe&s;&s;e that when Kings were in&s;t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">uted, there was of n<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ce&s;|&s;ity means to be a&s;&s;igned for them, as well to maintain their Roy|all dignity, as to furni&s;h the expence of their teaine and Officers.
<PB N="85" REF="47"> Civility, and the wellfare of the publick State, &s;eeme to require it, for it was the duty of a King to e&s;tabli&s;h Judges in all places, who &s;hould receive no pre&s;ents, nor &s;ell Ju&s;tice: and al&s;o to have power readie to a&s;&s;i&s;t the execution of their Ordinances, and to &s;ecure the waies from dangers, that commerce might be open, and free, &amp;c. If there were likelihood of warrs to fortifie and put Garri&s;ons into the frontier places, and to hold an Armie in the field, and to keep his Magazins well &s;tored with munition. It is commonly &s;aid that peace cannot be well maintained with|out provi&s;ion for wars, nor warrs managed without men, nor men kept in di&s;cipline without pay, nor mony gotten without Sub&s;idies, and Tributes.</P>
<P>To di&s;charge therfore the burden of the State in time of Peace, was the demeane appointed, and in time of warrs the tributes and impo&s;ts, yet &s;o as if any extraordinary nece&s;&s;ity required it, mony might be rai&s;ed by Sub&s;idies or other fitting meanes. The finall intendment of all, was ever the publick utility, in &s;o much as he which converts any of the&s;e publick Revenues to his own private purpo&s;es, much more he which mi&s;pends them in anyun|worthy or loo&s;e occa&s;ions, no way merits the name of a King, for the Prince (&s;aith the Apo&s;tle) is the mini&s;ter of God for the good of the people: and for that cau&s;e is Tribute paid unto them. <NOTE PLACE="marg">Rom. 13.</NOTE></P>
<P>This is the true originall cau&s;e of the cu&s;tomes, and impo&s;ts of the <HI>Romans,</HI> that tho&s;e rich merchandi&s;es which were brought <NOTE PLACE="marg">The &s;ame rea|&s;on is recorded for all our im|po&s;ts in Eng|land, with which a Navy was wont to be maintained at Sea.</NOTE> from the <HI>Indies, Arabia, Ethiopia,</HI> might be &s;ecured in their pa&s;&s;age by land from theeves and robbers, &amp; in their <HI>tran&s;portation by Sea from Pirats, in&s;omuch as for their &s;ecurity, the Common-wealth maintained a Navy at Sea.</HI> In this rank we mu&s;t put the Cu&s;tome which was payd in the red Sea, and other Impo&s;ts of gates, bridges, and pa&s;|&s;ages, for the &s;ecuring of the great road waies, (therfore called the <HI>Pretorian con&s;ular,</HI> and the Kings high-waies,) from the &s;poile of theeves and free-booters. The care al&s;o of the reparation of bridges was referred to Commi&s;&s;aries deputed by the King, as ap|peares <NOTE PLACE="marg">Archi in Ca<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. fi qois Romi p<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">s &amp; pereg. 24. q 3. B<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">lam c<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">. Sect. con|venticula, de pace iure iur|fir l. 2. D. ne quid in loto publ. viarum.</NOTE> by the Ordinance of <HI>Lewis</HI> the Courteous, concerning the 12. bridges over the River of <HI>Seyne,</HI> commanding al&s;o boats to be in a readine&s;&s;e, to ferrie over pa&s;&s;ingers, &amp;c.</P>
<P>For the tax laid upon Salt there was none in u&s;e in tho&s;e times, the mo&s;t of the Salt pits being injoyed by private per&s;ons, be|cau&s;e it &s;eemed that that which nature out of her own bountie pre&s;ented unto men, ought no more to be inhaun&s;ed by &s;ale then
<PB N="86" REF="48"> either the light, the aire, or the water, as a certaine King called <NOTE PLACE="marg">L. magis puto D. de <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ebus corum.</NOTE> <HI>Lycurgus</HI> in the le&s;&s;er <HI>A&s;ia,</HI> began to lay &s;ome impo&s;itions upon the Salt pits there, nature as it were impatiently bearing &s;uch a re|&s;traint of her liberality, the &s;prings are &s;aid to drie up &s;uddenly. <NOTE PLACE="marg">Inv. Sat 4. Si quid pal|phurio, &s;i credi|mus Armilla|to, Quicquid con&s;picuum palchrum q<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ex aequo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e to<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">o e&s;t, Res fi&s;ci e&s;t ubicunque natat.</NOTE> Now although certain <HI>Marm<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">u&s;ets</HI> of the Court would per&s;wade us at this day, (as <HI>Juveral</HI> complained in his time) that the Sea affords nothing of worth, or good, which falls not within the compa&s;&s;e of the Kings Prerogative.</P>
<P>He that fir&s;t brought this taxation into <HI>Rome,</HI> was the <HI>Cen&s;or Livius,</HI> who therefore gained the &s;urname of <HI>Salter,</HI> neither was it done but in the Common-wealths extreame nece&s;&s;ity. And in <HI>France</HI> King <HI>Philip</HI> the long, for the &s;ame rea&s;on obtained of the E&s;tates the impo&s;ition upon Salt for five years onely, what tur|moiles and troubles the continuance thereof hath bred every man knowes. To be b<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">eife, all Tributes were impo&s;ed, and con|tinued for the provi&s;ion of meanes and &s;tipends for the men of war, &s;o as to make a Province &s;tipendarie or tributarie, was e|&s;teemed the &s;ame with militarie.</P>
<P>Behold wherefore <HI>Solomon</HI> exacted Tributes, to wit, to fortifie <NOTE PLACE="marg">1 King. 9. 15.</NOTE> the Towns, and to erect and furni&s;h a publick magazine, which being accompli&s;hed, the people required of <HI>Reholoam</HI> to be freed <NOTE PLACE="marg">Po&s;t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">l li. 3 de rep Turc.</NOTE> from that burden. The Turks call the Tribute of the Provinces, the <HI>Sacred blood</HI> of the people and account it a mo&s;t wicked crime to impl<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y it in any thing but the defence of the people. Where|fore by the &s;ame rea&s;on all that which the King conquers in warre belongs to the people, and nor to the King, becau&s;e the people bore the charges of the war, as that which is gained by a factor accures to the account of his ma&s;ter. Yea and what ad|vantage he gaines by marriage, if it belongs &s;implie and ab&s;o|lutely to his wife, that is acquired al&s;o to the Kingdom, for &s;o much as it is to be pre&s;umed that he gained not that preferment in marriage in quality of <HI>Philip</HI> or <HI>Charles,</HI> but as he was King. On the contrarie, in like manner the Queens have intere&s;t of in|dowment in the e&s;tates which their husbands gained and injoy|ed before they attained the Crown, and have no title to that which is gotten after they are created Kings, becau&s;e that is judg|ed as the acqui&s;t of the Common pur&s;e, and hath no proper re|ference to the Kings private e&s;tate, which was &s;o determined in <HI>France,</HI> betwixt <HI>Philip</HI> of <HI>Valoys,</HI> and his wife <HI>Jedne</HI> of <HI>Burgundie.</HI> But to the end that there be no money drawn from the people to
<PB N="87" REF="48"> be imployed in private de&s;ignes, and for particular ends and pur|po&s;es; the Emperor &s;wears, not to impo&s;e any Taxes or Tributes what&s;oever, but by the authority of the E&s;tates of the Empire. As much do the Kings of <HI>Polonia, Hungarie,</HI> and <HI>Denmarke</HI> promi&s;e: the <HI>Engli&s;h</HI> in like manner enjoy the &s;ame unto this day, by the Lawes of <HI>Henry</HI> the third, and <HI>Edward</HI> the fir&s;t.</P>
<P>The <HI>French</HI> Kings in former times, impo&s;ed no Taxes but in the A&s;&s;emblies, and with the con&s;ent of the three E&s;tates; from thence &s;prung the Law of <HI>Philip</HI> of <HI>Valoys,</HI> that the people &s;hould not have any Tribute layd on them but in urgent nece&s;&s;ity, and with the con&s;ent of the E&s;tates. Yea and anciently after the&s;e monies were collected they were locked in coffers through every Dioce&s;&s;e and recommended to the &s;peciall care of &s;elected men (who are the &s;ame which at this day are called E&s;leus) to the end that they &s;hould pay the &s;ouldiers enroled, within the Towns of their Dioce&s;&s;es: the which was in u&s;e in other Coun|tries, as namely in <HI>Flanders</HI> and other neighbouring Provinces. At this day, though many corruptions be crept in, yet without the con&s;ent and confirmation of the Parliament, no exactions may be collected, notwith&s;tanding there be &s;ome Provinces which are not bound to any thing, without the approbation of the E|&s;tates of the Countrey, as <HI>Languedoke, Brittannie Province, Daul|phinie,</HI> and &s;ome others. All the Provinces of the Low Countries have the &s;ame priviledges: finally le&s;t the Exchequer devour all, like the &s;pleen which exhales the &s;pirits from the other mem|bers of the body. In all places they have confined the Exchequer within its proper bounds and limits. Seeing then it is mo&s;t cer|taine that what hath been ordinarily and extraordinarily a&s;&s;ign|ed to Kings, to wit, Tributes, Taxes, and all the demeanes which comprehe<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d all cu&s;tomes both for importations, and exportati|ons, forfeitures, amercements, royall e&s;cheates, confi&s;cations, and other dews of the &s;ame nature, were configned into their hands for the maintainance and defence of the people, and the State of the Kingdom, in&s;omuch as if the&s;e &s;inewes be cut, the people mu&s;t n<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">eds fall to decay, and in demoli&s;hing the&s;e foun|dations the Kingdome will come to utter ruine. It nece&s;&s;arily follows, that he which layes impo&s;itions on the people onely to o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">pre&s;&s;e them, and by the publick detriment &s;eeks private profit, and with their own &s;words kills his &s;ubject he truely is unwor|thy the name of a King: Whereas concrarily, a true King as he is
<PB N="88" REF="49"> a carefull mannager of the publick affairs, &s;o is he a ready pro|tector of the Common wellfare, and not a Lord in propriety of the Common-wealth, having as little authority to alienate or di&s;&s;ipate the demeans or publick Revenue, as the Kingdom it &s;elf. And if he mi&s;-govern the State, &s;eeing it imports the Common|wealth that every one make u&s;e of his own talent, it is much more requi&s;ite for the publick good, that he which hath the manna|ging of it, carrie him&s;elf as he ought.</P>
<P>And therefore if a prodigall Lord by the authority of ju&s;tice, be committed to the tuition of his kin&s;men and friends, and compelled to &s;uffer his revenues and means to be ordered, and di&s;po&s;ed of by others; by much more rea&s;on may tho&s;e which have intere&s;t in the affairs of State, &amp; who&s;e duty obligeth them thereto, take all the Admini&s;tration and government of the State out of the hands of him which either negligently executes his place, ruines the Common-wealth, if after admonition he indea|vours not to performe his duty. And for &s;o much as it is ea&s;ily to be proved, that in all lawfull Dominions the King cannot be held Lord in propriety of the demeane; without &s;earching into tho&s;e elder times, whereof we have an apt repre&s;entation in the <NOTE PLACE="marg">Gen. 23.</NOTE> per&s;on of <HI>Ephron</HI> King of the <HI>Hittites,</HI> who dur&s;t not &s;ell the Field to <HI>Abraham</HI> without the con&s;ent of the people. This right is at this day practi&s;ed in publick States: the Emp: of <HI>Germany</HI> before his <NOTE PLACE="marg">Sleyd. l. 1. &amp; bulla aurea.</NOTE> Coronation doth &s;olemly &s;wear that he will neither alienate, di&s;|member, nor ingage any of the rights or members of the Empire. And if he recover, or conquer any thing with the Arms &amp; means of the publick, it &s;hall be gained to the Empire, and not to him|&s;elf. Wherfore when <HI>Charles</HI> the 4th. promi&s;ed each of the <HI>Electors</HI> an hundred thou&s;and Crowns to choo&s;e his Son <HI>Wenci&s;laus</HI> Em|peror, and having not ready money to deliver them, he morga|ged Cu&s;toms, Taxes, Tributes, and certain Towns unto them, <NOTE PLACE="marg">L. 1. &amp; pa&s;&s;im c. de con. re. alien. naucler. in Chron.</NOTE> which were the proper appurtenances of the Empire: whereon followed much and vehement conte&s;tation, mo&s;t men holding this ingagement void. And que&s;tionle&s;&s;e it had been &s;o declared, but for the profit that tho&s;e reaped thereby, which ought princi|pally to have maintained and held intire the rights and digni|ties of the Empire. And it followed al&s;o, that <HI>Wenci&s;laus</HI> was ju&s;t|ly held uncapable of the government of the Empire, chiefly be|cau&s;e he &s;uffered the rights of the Empire over the Duchy of <HI>Mil|len</HI> to bewre&s;ted from him.</P>
<PB N="89" REF="49">
<P>There is a Law very ancient in the Kingdom of <HI>Polonia,</HI> which pro|hibits the alienating of any of the Kingdoms Lands; the which al&s;o <NOTE PLACE="marg">C intel|lecto de jure juran|do in De|cretal. Polidor. Virgil. In cod. Hi&s;. part 5. 1. 5. con&s;tis. 9.</NOTE> was renewed by King <HI>Lewis</HI> in the yeer 1375. In <HI>Hungary</HI> in <HI>anno</HI> 1221. there was a complaint made to Pope <HI>Honorius,</HI> that King <HI>Andrew</HI> had ingaged the Crown Lands contrary to his oath. In <HI>England</HI> was the &s;ame by the Law of King <HI>Edw:</HI> in the yeer 1298. Likewi&s;e in <HI>Spaine</HI> by the Ordinance made under <HI>Alphon&s;us,</HI> and renewed in the yeer 1560. in the A&s;&s;emblie of the E&s;tates at <HI>Toledo.</HI> The&s;e Laws were then ratified, although long time before Cu&s;tome had obtained the vigor and effect of Law. Now for the Kingdom of <HI>France</HI> whereto I longer confine my &s;elf, becau&s;e &s;he may in a &s;ort pa&s;&s;e as a pattern to the re&s;t, this right hath ever remained there inviolable. It is one of the mo&s;t ancient Laws of the Kingdom, and a right born with the Kingdom it &s;elf, that the Demain may not be alienated: the which Law in <HI>anno</HI> 1566. (although but ill ob&s;erved) was renewed. There is onely 2. ca&s;es excepted, the portions or Apennages of the children and brothers of the King, yet with this re&s;ervation, that the right of Va&s;&s;allage re|mains <NOTE PLACE="marg">Papon A|re&s;tor. l. 5. <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">. 10. Act. 4.</NOTE> alwayes to the Crown: in like manner if the condition of War require nece&s;&s;arily an alienation, yet it mu&s;t be ever with power of re|demption. Anciently neither the one nor the other were of validitie, but by the commandment of the States: at this day &s;ince the <HI>Parlia|ment</HI> hath been made &s;edentarie, the <HI>Parliament</HI> of <HI>Paris</HI> which is the <NOTE PLACE="marg">Sect 5. 11. &amp; 16. legis regiae 1566.</NOTE> Court of the Peers, and the Chamber of Accounts, and of the Trea&s;u|rie, mu&s;t fir&s;t approve it: as the Edicts of <HI>Charles</HI> the &s;ixt and ninth do te&s;tifie. This is a thing &s;o certain, that if the ancient Kings them&s;elves would endow a Church (although that was a work much favoured in tho&s;e dayes) they were notwith&s;tanding bound to have an allow|ance of the E&s;tates: witnes King <HI>Childebert,</HI> who might not endow the Abbey of St. <HI>Vincent</HI> at <HI>Paris</HI> before he had the <HI>French</HI> and <HI>New&s;trafians</HI> con&s;ent. <HI>Clovis</HI> the 2d. and other Kings have ob&s;erved the &s;ame. They <NOTE PLACE="marg">Aimonius l. 4. cha. 41 &amp;c.</NOTE> might neither remit the regalities by granting infranchi&s;ements, nor the nomination of Prelates to any Church. And if any of them have done it, as <HI>Lewis</HI> 11. <HI>Philip</HI> 4. and <HI>Philip</HI> &s;urnamed <HI>Augu&s;tus,</HI> did in fa|vour of the Churches of <HI>Senis Auxera,</HI> and <HI>Nevers,</HI> the <HI>Parliament</HI> hath <NOTE PLACE="marg">L. peto. 69 Sect prae|dium. D. de leg. 2. An. 1329. 1360. 1374. 1401. 1583.</NOTE> declared it void. When the King is anointed at <HI>Reims,</HI> he &s;wears to ob|&s;erve this Law: and if he infringe it, that Act hath as much validitie with it as if he contracted to &s;ell the Empires of the great <HI>Turk,</HI> or <HI>Sophie</HI> of <HI>Pe<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;ia.</HI> From this &s;pring the Con&s;titutions or Ordinances of <HI>Philip</HI> 6. of <HI>John</HI> 2d. of <HI>Charles</HI> 5th. 6th. and 8th. by which they revoke all alienations made by their Predece&s;&s;ors.</P>
<PB N="90" REF="50">
<P>In the A&s;&s;emblie of the E&s;tates at <HI>Tours,</HI> where King <HI>Charles</HI> the 8th. <NOTE PLACE="marg">Anno 1483. 1522. 1531. 1549 1560. by divers De|crees of the Court of Par|liament.</NOTE> was in per&s;on, divers alienations made by <HI>Lewis</HI> 11. were repealed, and annihilated, and there was taken away from the Heirs of <HI>Tancred</HI> of <HI>Cha&s;tel</HI> his great Minnion, divers places which he had given him by his proper Authoritie. This was finally ratified in the la&s;t A&s;&s;emblie of the E&s;tates held at <HI>Orleans.</HI> Thus much concerning the Kingdoms De|mean. 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 dimini&s;h the Maje&s;tie he hath received from the people, nor infranchi&s;e or relea&s;e from his Dominion any one of his Subjects; nor quit or relinqui&s;h the Soveraigntie of <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">he lea&s;t part of his Kingdom. <HI>Charlemayn</HI> in former times endeavoured to &s;ubject the King|dom <NOTE PLACE="marg">Paulus Aemi|lius, lib 3.</NOTE> of <HI>France</HI> to the <HI>German</HI> Empire: the which the <HI>French</HI> did coura|giou&s;ly oppo&s;e by the mouth of a Prince of <HI>Gla&s;connie;</HI> and it <HI>Charle|mayn</HI> had proceeded in that bu&s;ine&s;&s;e, it had come to the triall of the Sword. In like manner when any portion of the Kingdom was grant|ed <NOTE PLACE="marg">Anno 1195. 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">60. 1269. 2297. 1303. 1325. 1330. Anno 1360.</NOTE> to the <HI>Engli&s;h,</HI> the &s;overaigntie was almo&s;t alwayes re&s;erved. And if &s;ometimes they obtain'd it by force, as at the Treatie of <HI>Bretignie,</HI> by the which king <HI>John</HI> quitted the Soveraignty of <HI>Gla&s;connie</HI> and <HI>Poyton</HI> that agreement was not kept, neither was he more bound to do it, then a Tutor or Guardian is being pri&s;oner (as he was then) which for his own deliverance &s;hould ingage the e&s;tate of his Pupils. By the power <NOTE PLACE="marg">Anno 1465.</NOTE> of the &s;ame Law the Parliament of <HI>Paris</HI> made void the Treatie of <HI>Con|fl<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">us</HI> by the which Duke <HI>Charles</HI> of <HI>Burgundie</HI> had drawn from the king <HI>A<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">niens,</HI> and other Towns of <HI>Picardie.</HI> In our dayes the &s;ame Par|liament declared void the Agreement made at <HI>Madrid,</HI> between <NOTE PLACE="marg">Anno 1525.</NOTE> <HI>Francis</HI> the 1. then pri&s;oner, and <HI>Charles</HI> the 5. concerning the Duchie <NOTE PLACE="marg">A<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters"> 1420. <HI>M</HI><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">u<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">let. chap. 225.</NOTE> of <HI>Bu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">gundie.</HI> But the donation made by <HI>Charles</HI> the 6. unto <HI>H<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n:</HI> king of <HI>England</HI> of the kingdom of <HI>France</HI> after his decea&s;e is a &s;ufficient te|&s;timony for this matter, and of his madnes, if there had been no other proof. But to leave off producing any further te&s;timonies, examples, or rea&s;ons, by what right can the King give or &s;ell away the kingdom or any part of it: &s;eeing it con&s;i&s;teth of people, and not of earth or <NOTE PLACE="marg">L. liber homo 10<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> D. de ver. obl<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">. liem<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">t<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">. 34 <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">ct. <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">. D. de co<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">te. <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">mp l<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">e<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">lt C de op<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">r. libert.</NOTE> walls; and of Free men there can be made no &s;ale, nor traffick: yea, and the Patrons them&s;elves cannot compell the infranchi&s;de &s;ervants to make their habitations in other places then them&s;elves like. The which is the rather to be allowed, in that Subjects are neither &s;laves, nor intra<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ch<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">de &s;ervants, but brothers: and not onely the Kings b<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e|thren taken one by one, but al&s;o con&s;idered in one body, they ought to be e<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">e<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ed ab&s;olute Lords, and owners of the Kingdom.</P>
</DIV3>
<DIV3 TYPE="part">
<PB N="91" REF="50">
<HEAD>Whether the King be the u&s;ufruictuor of the Kingdom.</HEAD>
<P>But if the King be not Lord in proprietie, yet at the lea&s;t we may e&s;teeme him u&s;ufruictuor of the Kingdom, and of the Demean: nay truly we can allow him to have the u&s;ufruit, for being u&s;ufruictuor though the proprietie remain in the people, yet may he ab&s;olutely di&s;|po&s;e of the profits, and ingage them at his plea&s;ure. Now we have al|ready proved, that Kings of their own Authority cannot ingage the Revenues of the Exchequer, or the Demain of the Kingdom. The u&s;u|froictuor may di&s;po&s;e of the profits to whom, how, and when he plea|&s;eth. Contrarily the exce&s;&s;ive gifts of Princes are ever judged void, his unnece&s;&s;ary expences are not allowed, his &s;uperfluous to be cut off, and that which is expended by him in any other occa&s;ion, but for the publick utilitie, is ju&s;tly e&s;teemed to be unju&s;tly extorted. And is no le&s;&s;e liable to the Law <HI>Cincea,</HI> then the meane&s;t <HI>Roman</HI> Citizen former|ly was: In <HI>France</HI> the Kings gifts are never of force, untill the Cham|ber of Accounts have confirmed them. From hence proceed the po&s;tils of the ordinarie Chamber in the giving up of the Accounts in the Reigns of prodig all kings, <HI>Trop donne: &s;oyt repele,</HI> which is, exce&s;&s;ive gifts mu&s;t be recal<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ed. The Judges of this Chamber &s;olemnly &s;wear to pa&s;&s;e nothing which may prejudice the Kingdom, or the publick State, not|with&s;tanding any letters the King &s;hall write unto them: but they are not alwayes &s;o mindfull of this oath as were to be de&s;ired.</P>
<P>Furthermore, the Law takes no care how a u&s;ufruictuor po&s;&s;e&s;&s;eth, and governes his revenues, but contrariwi&s;e &s;he pre&s;cribes unto the King, how and to what u&s;e he &s;hall imploy his. For the ancient Kings of <HI>France,</HI> were bound to divide their royall revenues into foure parts. The fir&s;t was imployed in the maintaining of the Mini&s;ters of the Church, and providing for the poore: The &s;econd for the Kings ta|ble: The third for the wages of his Officers and hou&s;hold &s;ervants: The la&s;t in the repairing of bridges, ca&s;tles, and the royall Palaces. And what was remaining was layd up in the trea&s;urie, to be be&s;tow|ed <NOTE PLACE="marg">Mon&s;trel in Car. 6.</NOTE> on the nece&s;&s;ities of the Common-wealth. And Hi&s;tories do at large relate the troubles and tumults, which hapned about the yeer 1412 in the A&s;&s;emblie of the E&s;tates at <HI>Paris,</HI> becau&s;e <HI>Charles</HI> the &s;ixt had wa&s;ted all the money that was rai&s;ed of the revenues and demean, in his own and his minnions loo&s;e plea&s;ures, and that the expences of the Kings hou&s;hold which before exceeded not the &s;umme of 94000. francks, did amount in that mi&s;erable e&s;tate of the Common wealth to five hundred and fourty thou&s;and francks. Now as the demeane was imploied, in the before mentioned affaires: &s;o the aydes were one|ly
<PB N="92" REF="51"> for the war and the taxes a&s;&s;igned for the payment of the men at armes, and for no other occa&s;ion. In other Kingdomes the King hath no greater authority, and in divers le&s;&s;e, e&s;pecially in the Empire of <HI>Germanie,</HI> and in <HI>Poland.</HI> But we have made choi&s;e of the Kingdome of <HI>France,</HI> to the end it be not thought this hath any &s;peciall preroga|tive above others, becau&s;e there perhaps the common-wealth recei|veth the mo&s;t detriment. Briefly as I have before &s;aid, the name of a King &s;ignifie<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> not an inheritance, nor a Propriety, nor a u&s;ufruict, but <NOTE PLACE="marg">Ex concil. Valem. in c. 1. <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e his quae fiunt a praelat. ab&abque; con|&s;enlucapit.</NOTE> a charge, office, and procuration. As a Bi&s;hop is cho&s;en to look to the wellfare of the &s;oul, &s;o is the King e&s;tabli&s;hed to take care of the body &s;o far forth as it concerns the publick good: the one is di&s;pen|&s;or of the heavenly trea&s;ure, the other of the &s;ecular, and what right the one hath in the Epi&s;copall revenues, the &s;ame hath the other, and no greater in the Kingdoms demean. If the Bi&s;hop alien the goods of the Bi&s;hoprick, without the con&s;ent of the Chapter, this alienation is of no value, If the King alien the demeane without the approba|tion of the E&s;tates, that is al&s;o void; one portion of the Ecle&s;ia&s;ticall goods ought to be imployed in the reparation of the Churches, the &s;econd in releiving of the poore, the third for the maintenance of the Church-men, and the fourth for the Bi&s;hop him&s;elf: We have &s;een before, that the King ought to divide into foure parts the R<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">venues of the Kingdoms demeane. The abu&s;e of the&s;e times cannot infringe, or annihilate the right, for although the mo&s;t part of the Bi&s;hops &s;teale from the poor that which they profu&s;ely ca&s;t away on their pandars, and ruine and de&s;troy their lands and woods, the calling of the Bi|&s;hop is not for all that altered. Although that &s;ome Emperors have a&s;&s;umed to them&s;elves an ab&s;olute power, that cannot inve&s;t them with any further right, becau&s;e no man can be judge in his own cau&s;e. What if &s;ome Caracalla vaunt, he will not want money while&s;t the &s;word remaines in his cu&s;todie: The Emperor <HI>Adrian</HI> will promi&s;e on the contrary, &s;o to di&s;carge his office of Principalitie, that he will al|waies remember that the Common-wealth is not his, but the peoples: which one thing almo&s;t di&s;tingui&s;heth a King from a Tyrant. Neither can that act of <HI>A<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">talus</HI> King of <HI>Pergomus</HI> de&s;igning the <HI>Roman</HI> people for heires to his Kingdome, nor that of <HI>Alexander</HI> for <HI>Egypt,</HI> nor <HI>P<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">o|lom:</HI> for the <HI>Cyrenians,</HI> bequeathing their Kingdomes to the &s;ame peo|ple nor <HI>Prae&s;utagus</HI> King of the <HI>Icenians,</HI> which left his to <HI>Cae&s;ar,</HI> draw any good con&s;equence of right to tho&s;e which u&s;urpe that which by no <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">u&s;t title belongs to them, nay by how much the intru&s;ion is more violent; by &s;o much the equity, &amp; ju&s;tice of the cau&s;e is more per&s;picu|ous:
<PB N="93" REF="51"> for what the <HI>Roma~s</HI> a&s;&s;umed under the colour of right, they would have made no difficulty if that pretext had been wanting to have taken by force: we have &s;een almo&s;t in our daies how the <HI>Venetians</HI> po&s;&s;e&s;t them&s;elves of the Kingdom of <HI>Ciprus,</HI> under pre|tence of an imaginarie adoption w^c^h would have proved redicu|lous if it had not been &s;econded by power and armes. To which al&s;o may be not unfitly re&s;embled the pretended donation of <HI>Con&s;tantine</HI> to Pope <HI>Silve&s;ter,</HI> for that &s;traw of the decreti&s;t <HI>Grati|an,</HI> was long &s;ince con&s;umed and turned to a&s;hes, neither is of more validity, the grant which <HI>Lewis</HI> the courteous made to Pope <HI>Pa&s;chal</HI> of the Citie of <HI>Rome,</HI> and part of <HI>Italy,</HI> becau&s;e he gave that which hee po&s;&s;e&s;&s;ed not, no man oppo&s;ed it. But when his Father <NOTE PLACE="marg"><HI>Volater. l. Ge|ogr.</HI> 3.</NOTE> <HI>Charlemain</HI> would have united &amp; &s;ubjected the Kingdome of <HI>France</HI> to the <HI>Germane</HI> Empire, the <HI>French</HI> did lawfully oppo&s;e it: and if he had per&s;i&s;ted in his purpo&s;e, they were re&s;olved to have hindered him, and defended them&s;elves by armes. There can be to as little advantage alledged that act of <HI>Solomons,</HI> whom we read to have de|livered <NOTE PLACE="marg">1 Kings 9. 11.</NOTE> twenty Towns to <HI>Hiram</HI> King of <HI>Tire:</HI> for he did not give them to him but for the &s;ecuring of the Talents of gold which <HI>Hi|ram</HI> <NOTE PLACE="marg">2 Chron. 8. 2.</NOTE> had lent him, and they were redeem'd at the end of the terme, as it appeares by the Text. Further, the &s;oile was barren, and hu&s;|banded by the remaining <HI>Canaanites:</HI> But <HI>Solomon</HI> having redee|med it out of the hands of <HI>Hiram,</HI> delivered it to the <HI>I&s;raelites</HI> to be inhabited and tilled. Neither &s;erves it to much more purpo&s;e to alleadg that in &s;ome Kingdomes, there is no expre&s;&s;e agreement be|tween the King and the people: for &s;uppo&s;e there be no mention made, yet the law of nature teacheth us that Kings were not ordai|ned to ruine, but to govern the Common-wealths, and that they <NOTE PLACE="marg">L. 2. &sect;. jus rei|pub. D. de ad|mini&s;tral. rer. ad Civit. pert. l. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word">. 27. D. de admut. tut.</NOTE> may not by their proper authority alter or change the rights of the publique State, and although they be Lords, yet can they challenge it in no other quality, then as Guardians do in the tuition of their pupills; neither can wee account him a lawfull Lord, which de|prives the Common-wealth of her liberty, and &s;els her as a &s;lave. Briefly, neither can we al&s;o alleadg, that &s;ome Kingdomes are the <NOTE PLACE="marg">L. &s;i fundum &s;ect. &s;i tut. D. depo&s;iti et ex|pr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;&s;uis. Ex|travag. de re|judicata, <HI>c.</HI> in|tellecto.</NOTE> proper acqui&s;ts of the King him&s;elfe, in&s;omuch as they were not conquered by their proper meanes and &s;words, but by the hands, and with the wealth of the publique; and there is nothing more a|greeable to rea&s;on, then that which was gained with the joynt fa|culties, and common danger of the publique, &s;hould not be alien'd
<PB N="94" REF="52"> di&s;pos'd of, without the con&s;ent of the States which repre&s;ent the Common-wealth: and the nece&s;&s;ity of this law is &s;uch, that it is of force among&s;t robbers and free-booters them&s;elves. He which fol|lows a contrary cour&s;e, mu&s;t needs ruine humane &s;ociety. And al|though the <HI>French</HI> conquered by force of armes, the Countreyes of <HI>Germany</HI> and <HI>Gaule,</HI> yet this before mentioned right remaines &s;till <NOTE PLACE="marg">L. 2. et pa&s;&s;i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. C. de interd. Com. rer. alie|<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">t.</NOTE> intire.</P>
<P>To conclude we mu&s;t needs re&s;olve, that Kings are neither pro|prietors, nor u&s;u-fructuaries of the royall patrimony: but only ad|mini&s;trators: and being &s;o, they can by no ju&s;t right attribute to them&s;elves the propriety, u&s;e or profit of private mens e&s;tates, nor with as little rea&s;on the publique revennues, which are in truth on|ly the Common-wealths.</P>
<P>But before we pa&s;&s;e any further, we mu&s;t here re&s;olve a doubt. The people of <HI>I&s;rael</HI> having demanded a King, the Lords &s;aid to <HI>Samuel:</HI> hearken unto the voice of the people: notwith&s;tanding, <NOTE PLACE="marg">1 Sam. 8. 7. &amp;c.</NOTE> give them to under&s;tand what &s;hall be the manner of the King which &s;hall reigne over them: <HI>he will take your fields, your vineyards, your o|live-trees, to furni&s;h his owne occa&s;ions, and to enrich his &s;ervants:</HI> briefly, <HI>he will make the people &s;laves.</HI> One would hardly believe in what e&s;timation the Courtiers of our times hold this Text, when of all the re&s;t of the holy Scripture they make but a je&s;t. In this place the Almighty and all good God, would manife&s;t to the <HI>I&s;rae|lites</HI> their Levite, when that they had God him&s;elfe even pre&s;ent with them, who upon all occa&s;ions appointed them holy Judges, and worthy Commanders for the Wars, would notwith&s;tanding rather &s;ubject them&s;elves to the di&s;ordered commandements of a vaine mutable man, than to the &s;ecure protection of the omnipo|tent and immutable God. Hee declares then unto them in what a &s;lippery e&s;tate the King was placed, and how ea&s;ily unruly authori|ty fell into di&s;ordered violence, and Kingly power was turned into tyrannous wilfulne&s;&s;e. Seeing the King that he gave them, would by prepo&s;terous violence draw the &s;word of authority again&s;t them, and &s;ubject the equity of the lawes to his owne unju&s;t de&s;ires: and this mi&s;chief which they wilfully drew on them&s;elves; they would happily repent of, when it would not be &s;o ea&s;ily remedied. Briefly, this Text doth not de&s;cribe the right of Kings, but what right they are accu&s;tomed to attribute to them&s;elves: not what by the privi|ledge of their places they may ju&s;tly doe: but what power for the
<PB N="95" REF="52"> &s;atisfying of their owne lu&s;ts, they unju&s;tly u&s;urp. This will mani|fe&s;tly appeare from the 17. Chapter of <HI>Deuteronomy,</HI> where God ap|points a law for Kings. Here &s;aies <HI>Samuel</HI> the <HI>King will u&s;e his Sub|jects like &s;laves:</HI> there God forbids the King <HI>to lift his heart above his brethren:</HI> to wit, <HI>over his Subjects, whom he ought not to in&s;ult over, but to cheri&s;h as his kin&s;men. Hee will make Chariots, leavy hor&s;e-men, and take the goods of private men,</HI> &s;aies <HI>Samuel:</HI> on the contrary in <HI>Deutronomy,</HI> he is exhorted <HI>not to multiply hor&s;e-men, nor to heape up</HI> <NOTE PLACE="marg">Deut. 17.</NOTE> <HI>gold and &s;ilver, nor cau&s;e the people to returne into Aegypt,</HI> to wit, <HI>into bondage.</HI> In <HI>Samuel</HI> we &s;ee pictured to the life wicked <HI>Ahab,</HI> which <NOTE PLACE="marg">1 Kings 21.</NOTE> by pernitious meanes gets <HI>Naboths</HI> Vineyard: there <HI>David,</HI> who held it not lawfull to drinke that water which was purcha&s;ed with <NOTE PLACE="marg">2 Sam. 23. 16.</NOTE> the danger of his Subjects lives. <HI>Samuel</HI> fortels that the King de|manded by the <HI>I&s;raelites,</HI> in &s;tead of keeping the lawes, would go|verne all according to his own fancie: on the contrary, God com|mands that his Law &s;hould by the Prie&s;ts be delivered into the hands of the King, to copie it out, and to have it continually be|fore his eyes. Therefore <HI>Samuel</HI> being high Prie&s;t, gave to <HI>Saul</HI> the royall law contained in the 17. of <HI>Deutronomy,</HI> written into a book, which certainly had been a frivolous act if the King were permitted to break it at his plea&s;ure. Briefly, it is as much as if <HI>Samuel</HI> had &s;aid. <HI>You have asked a King after the manner of other Nations, the mo&s;t of whom have Tyrants for their Governours:</HI> You de&s;ire a King to di&s;tribute ju&s;tice equally among&s;t you: but many of them think all things lawfull which their owne appetites &s;ugge&s;ts unto them; in the meane &s;ea&s;on you willingly &s;hake off the Lord, who&s;e only will is equity and ju&s;tice in the ab&s;tract.</P>
<P>In <HI>Heroditus</HI> there is a hi&s;tory which plainly expre&s;&s;es, <HI>bow apt the royall governement is to degenerate into tyranny,</HI> whereof <HI>Samuel</HI> &s;o <NOTE PLACE="marg"><HI>Herod. l.</HI> 2.</NOTE> exactly forewarns the people. <HI>Deioces</HI> much renowned for his ju|&s;tice, was fir&s;t cho&s;en Judge among&s;t the <HI>Medes:</HI> pre&s;ently after, to the end hee might the better repre&s;&s;e tho&s;e which would oppo&s;e ju|&s;tice, he was cho&s;en King, and inve&s;ted with convenient authority, then he de&s;ired a guard, after a Citadell to be built in <HI>Eebatana</HI> the principall Citie of the Kingdome, with colour to &s;ecure him from con&s;piracies and machinations of Rebels; which being effe|cted, he pre&s;ently applies him&s;elfe to revenge the lea&s;t di&s;plea&s;ures which were offered him with the greate&s;t puni&s;hments.</P>
<P>Finally, no man might pre&s;ume to looke this King in the face,
<PB N="96" REF="53"> and to laugh or cough in his pre&s;ence, was puni&s;hed with grievous torments. So dangerous a thing it is, to put into the hands of a weake mind (as all mens are by nature) unlimited power. <HI>Samuel</HI> therefore teacheth not in that place, that the authority of a King is ab&s;olute: on the contrary hee di&s;creetly admoni&s;heth the people not to enthrall their liberty under the unnece&s;&s;ary yoake of a weak and unruly Ma&s;ter: he doth not ab&s;olutely exclude the royall au|thority, but would have it re&s;train'd within its own limits: he doth not amplifie the Kings right with an unbridled and licentious li|berty: but rather tacitely per&s;wades to put a bit into his mouth. It &s;eemes that this advice of <HI>Samuels</HI> was very beneficiall to the <HI>I&s;ra|elites,</HI> for that they circum&s;pectly moderated the power of their Kings, the which mo&s;t Nations growne wi&s;e, either by the experi|ence of their own, or their neighbours harmes, have carefully loo|ked unto, as will plainly appear by that which follows.</P>
<P>We have &s;hewed already, that in the e&s;tabli&s;hing of the King, <NOTE PLACE="marg">An alliance or covenant between the K. &amp; the peo|ple. Deut. 17. 1 Sam. 10. 27. 2 Sam. 5. 3.</NOTE> there were two alliances or convenants contracted: the fir&s;t between God, the King, and the people, of which wee have formerly trea|ted: the &s;econd between the King and the people, of which wee mu&s;t now &s;ay &s;ome-what. After that <HI>Saul</HI> was e&s;tabli&s;hed King, the royall Law was givne him, according to which he ought to go|verne. <HI>David made a Covenant in Hebron before the Lord,</HI> that is to &s;ay, <HI>taking God for witne&s;&s;e, with all the ancients of I&s;rael, which repre|&s;ented the whole bodie of the people, &amp; even then he was made King. Jo|as</HI> <NOTE PLACE="marg">1 Chron. 11. 3.</NOTE> al&s;o by the mouth of <HI>Jehoiada</HI> the High Prie&s;t, entered into Co|venant <HI>with the whole people of the land in the hou&s;e of the Lord:</HI> And <NOTE PLACE="marg">2 King. 11. 17. &amp; 12. 2 Chron. 23. 3.</NOTE> when the Crowne was &s;et on his head, together with it was the law of the Te&s;timony put into his hand, which mo&s;t expounds to be the law of God: likewi&s;e <HI>Jo&s;ias</HI> promi&s;eth <HI>to ob&s;erve and keepe the Commandements, Te&s;timonies and Statutes comprized in the booke of</HI> <NOTE PLACE="marg">2 King. 23. 3.</NOTE> <HI>the Covenant:</HI> under which words are contained all which belongs to the duties both of the fir&s;t and &s;econd Table of the law of God. In all the before remembred places of the holy &s;tory, it is ever &s;aid <HI>that a Covenant was made with all the people, with all the multitude, with all the Elders, with all the men of Juda:</HI> to the end that we might know, as it is al&s;o fully expre&s;&s;ed, that not only the princi|pals of the Tribes, but al&s;o all the Milleniers, Centurions, and &s;ub|alterne Magi&s;trates &s;hould meete together, each of them in the name, and for their Townes and Communalties, to covenant and
<PB N="97" REF="53"> contract with the King. In this a&s;&s;embly was the creating of the King determined of: for it was the people that made the King, and not the King the people.</P>
<P>It is certain then, that the people by way of &s;tipulation, re|quire a performance of covenants, the King promi&s;es it. Now the condition of a Stipulator is in termes of law more worthy than of a promi&s;er. The people asketh the King, whether he will govern ju&s;tly and according to the lawes? He promi&s;eth he will. Then the people an&s;wereth, and not before, that while&s;t he go|vernes uprightly, they will obey faithfully. The King therefore promi&s;eth &s;imply and ab&s;olutely, the people upon condition: the which failing to be accompli&s;hed, the people re&s;t according to equity and rea&s;on, quit from their promi&s;e.</P>
<P>In the fir&s;t covenant, or contract, there is onely an obligation to piety: in the &s;econd, to ju&s;tice. In that the King promi&s;eth to &s;erve God religiou&s;ly: in this, to rule the people ju&s;tly. By the one he is obliged with the utmo&s;t of his endeavours to procure the glory of God: by the other, the profit of the people. In the fir&s;t there is a condition expre&s;&s;ed, If thou keep my command|ments: in the &s;econd, If thou di&s;tribute ju&s;tice equally to every man. God is the proper revenger of deficiency in the former, and the whole people the lawfull puni&s;her of delinquency in the lat|ter, or the E&s;tates, the repre&s;entative body thereof, who have a&s;|&s;umed to them&s;elves the protection of the people. This hath been alwayes practi&s;ed in all well-governed E&s;tates. Among&s;t the <HI>Per&s;ians,</HI> after the due performance of holy Rites, they contra|cted with <HI>Cyrus</HI> in manner following.</P>
<P><HI>Thou, O Cyrus, in the fir&s;t place, &s;halt promi&s;e, That if any make war</HI> <NOTE PLACE="marg">Zenophon lib. 8. Paed.</NOTE> <HI>again&s;t the Per&s;ians, or &s;eek to infringe the liberty of the Lawes, thou wilt with the utmo&s;t of thy power defend and protect this countrey.</HI> Which having promi&s;ed, they pre&s;ently adde, <HI>And we Per&s;ians promi&s;e to be aiding to keep all men in obedience, while&s;t thou defende&s;t the countrey. Zenophon</HI> calls this agreement, <HI>A Confederation;</HI> as al&s;o <HI>I&s;ocrates</HI> calls that which he writ of the duties of &s;ubjects to|wards their Princes, <HI>A Di&s;cour&s;e of Confederation.</HI> The alliance <NOTE PLACE="marg">Zenoph. in tract. de repub. Lacede.</NOTE> or confederation was renewed every moneth between the Kings, and <HI>Ephores</HI> of <HI>Sparta,</HI> although tho&s;e Kings were de&s;cended from the line of <HI>Hercules.</HI> And as the&s;e Kings did &s;olemnly &s;wear,
<PB N="98" REF="54"> to govern according to the Lawes, &s;o did the <HI>Ephores</HI> al&s;o to maintain them in their authority, while&s;t they performed their promi&s;e. Likewi&s;e in the <HI>Romane</HI> Kingdome there was an agree|ment between <HI>Romulus</HI> the Senate, and the people, in this man|ner: <HI>That the people &s;hould make Lawes, and the King looke they were kept: The people &s;hould decree warre, and the King &s;hould manage it.</HI> Now although many Emperours rather by force and ambition, than by any lawfull right, were &s;ea&s;'d of the <HI>Roman</HI> Empire, and by that which they call a Royall Law, attributed to them&s;elves an ab&s;olute authority; notwith&s;tanding by the fragments which remain both in books, and in <HI>Roman</HI> In&s;criptions, of that Law, it plainly appeares, that power and authority was granted them to pre&s;erve and govern the Common-wealth, not to ruine and op|pre&s;&s;e it by tyranny. Nay, all good Emperours have ever pro|fe&s;&s;ed, that they held them&s;elves tied to the Laws, &amp; received the Empire from the Senate, to who&s;e determination they alwayes referred the mo&s;t important affairs, and e&s;teemed it a great error without their advice to re&s;olve on the occa&s;ions of the publick State.</P>
<P>If we take into our con&s;ideration the condition of the Em|pires, Kingdomes and States of times, there is not any of them worthy of tho&s;e names, where there is not &s;ome &s;uch covenant or confederacy between the people and the Prince. It is not long &s;ince that in the Empire of Germany, the King of the <HI>Romanes</HI> be|ing ready to be crowned Emperour; was bound to doe homage, and make oath of Fealty to the Empire, no more nor le&s;&s;e than as the va&s;&s;all is bound to doe to his Lord when he is inve&s;ted with his fec. Although the form of the words which he is to &s;weare, have been &s;omewhat altered by the Popes, yet notwith&s;tanding the &s;ub&s;tance &s;till remains the &s;ame. According to which we know that <HI>Charles</HI> the fifth of the hou&s;e of <HI>Au&s;tria,</HI> was under <NOTE PLACE="marg"><HI>Specul. Saxon. lib. 3. Vrtic.</HI> 54.</NOTE> certain conditions cho&s;en Emperour, as in the &s;ame manner his &s;ucce&s;&s;ors were, the &s;umme of which was, that he &s;hould keep the Lawes already made, and make no new ones without the con&s;ent of the Electors, that he &s;hould govern the publick affaires by the advice of the generall E&s;tates, nor ingage any thing that belongs to the Empire, and other matters which are particularly recited by the Hi&s;torians. When the Emperour is crowned at <HI>Aqui&s;|grave,</HI>
<PB N="99" REF="54"> the Archbi&s;hop of <HI>Cullen</HI> requires of him in the fir&s;t place, <NOTE PLACE="marg"><HI>Sleyd. lib. 2. &amp;</HI> 2.</NOTE> If he will maintain the Church, if he will di&s;tribute ju&s;tice, if he will defend the Empire, and protect Widowes, Orphans, and all other worthy of comp<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;&s;ion: The which after he hath &s;olemnly &s;worn before the Altar, the Princes al&s;o which repre&s;ent the Em|pire, are asked, if they will not promi&s;e the &s;ame; neither is the Emperour anointed, nor receives the other Ornaments of the Empire, before he have fir&s;t taken that &s;olemn oath. Whereupon it followes, that the Emperour is tied ab&s;outely, and the princes of the Empire, under condition. That the &s;ame is ob&s;erved in the Kingdome of <HI>Polonia,</HI> no man will make que&s;tion, who had but &s;een or heard of the ceremonies and rites wherewith <HI>Henry</HI> of <HI>Anjoy</HI> was lately cho&s;en and crowned King of that Countrey, &amp; e&s;pecially then when the condition of maintaining of the two Religions, the Reformed and the <HI>Roman,</HI> was demanded, the which the Lords of the kingdome in expre&s;&s;e termes required of him three &s;everall times, and he as often made promi&s;e to per|form. The &s;ame is ob&s;erved in the Kingdomes of <HI>Bohemia, Hun|gary,</HI> and others; the which we omit to relate particularly, to a|void prolixity.</P>
<P>Now this manner of &s;tipulation is not onely received in tho&s;e Kingdomes where the right of election is yet entirely ob&s;erved; but even in tho&s;e al&s;o which are e&s;teemed to be &s;imply heredita|ry, When the King of <HI>France</HI> is crowned, the Bi&s;hops of <HI>Laon</HI> and <HI>Beauvois,</HI> Eccle&s;ia&s;ticall Peeres, ask all the people there pre|&s;ent, whether they de&s;i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e and command, that he which is there be|fore them, &s;hall be their King? Whereupon he is &s;aid even then in the &s;tile of the inauguration, to be cho&s;en by the people: and when they have given the &s;igne of con&s;enting, then the King &s;weares that he will maintaine all the rights, priviledges, and lawes of <HI>France</HI> univer&s;ally, that he will not aliene the D<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">meane, and the other Articles, which have been yet &s;o changed and acco|modated to bad intentions, as they differ greatly from that copie which remaines in the Library of the Chapter of <HI>Beauvois,</HI> accor|ding to which it is recorded, that King <HI>Philip,</HI> the fir&s;t of that name, tooke his Oath at his Coronation; yet notwith&s;tanding they are not unfitly expre&s;&s;ed: Neither is he girded with the &s;word, nor anointed, nor crowned by the Peers (who at that
<PB N="100" REF="55"> time weare Coronets on their heads) nor receives the Scepter and rod of Ju&s;tice, nor is proclaimed King, before fir&s;t the peo|ple have commanded it: neither doe the Peers take their oaths of alleageance before he have fir&s;t &s;olemnly &s;worne to keepe the Lawes carefully.</P>
<P>And tho&s;e be, that he &s;hall not wa&s;te the publicke revenue, that he &s;hall not of his own proper authoritie, impo&s;e any taxes, cu&s;tomes, or tributes: that he &s;hall not make peace or warre, nor determine of State-affaires, without the advi&s;e of the Coun|cell of State. Briefly, that he &s;hould leave to the Parliament, to the States, and to the Officers of the Kingdome, their authori|tie intire, and all things el&s;e which have been u&s;ually ob&s;erved in the Kingdome of <HI>France.</HI> And when he fir&s;t enters any Citie or Province, he is bound to confirme their priviledges, and &s;weares to maintaine their Lawes and Cu&s;tomes. This is &s;traitly ob&s;erved in the Cities of <HI>Tholou&s;e,</HI> and <HI>Rochel,</HI> and in the Countries of <HI>Daulphinie, Province,</HI> and <HI>Britaine:</HI> The which Townes and Pro|vinces have their particular and expre&s;&s;e Covenants and agree|ments with the Kings, which mu&s;t needs be voyde, if the condi|tion expre&s;&s;ed in the Contract be not of force, nor the Kings tied to the performance.</P>
<P>There is the forme of the Oath of the ancient Kings of <HI>Bur|gundie</HI> <NOTE PLACE="marg">In Annal. Burgund.</NOTE> yet extant in the&s;e words: <HI>I will protect all men in their rights, according to Law and ju&s;tice.</HI></P>
<P>In <HI>England, Scotland, Sweden,</HI> and <HI>Denmarke,</HI> there is almo&s;t the &s;ame cu&s;tome as in <HI>France:</HI> but in no place there is u&s;ed a more di&s;creet care in their manner of proceeding, than in <HI>Spaine.</HI> For in the Kingdome of <HI>Arragon,</HI> after the fini&s;hing of many Ceremonies, which are u&s;ed between him, which repre&s;ents the <HI>Ju&s;titia major</HI> of <HI>Arragon,</HI> which comprehends the maje&s;tie of the Common-wealth, &s;eated in a higher &s;eate, and the King, which is to be crowned, who &s;weares fealtie, and does his ho|mage: and having reade the Lawes and conditions, to the ac|compli&s;hment whereof he is &s;worne.</P>
<P>Finally, the Lords of the Kingdome u&s;e to the King the&s;e words in the vulgar Language, as is before expre&s;&s;ed, <HI>page</HI> 60. <NOTE PLACE="marg">Nos qui vale|mos tanto co|mo vos, y po|demos mas que vos, vos elegi|mos kei con e|&s;tas &egrave; y e&s;tat conditiones, en|tra vos y nos un que manda mas que vos.</NOTE> <HI>Wee which are as much worth as you, and have more power than you, choo&s;e you King upon the&s;e and the&s;e conditions, and there is one be|tween
<PB N="141" REF="55"> you and us, which commands over you.</HI> But lea&s;t the King &s;hould thinke he &s;wore onely for fa&s;hion &s;ake, and to ob&s;erve an olde cu&s;tome, every third yeare in full a&s;&s;emblie of the E&s;tates, the very &s;ame words, and in the &s;ame manner are repeated unto him.</P>
<P>And if under pretext of his royall dignitie he become in&s;olent, violating the Lawes, and neglect his publick faith and promi&s;e gi|ven, then by the priviledge of the Kingdome, he is judged, excom|municated, as execrable as <HI>Julian</HI> the Apo&s;tata was by the primi|tive Church: which excommunication is e&s;teemed of that validi|tie, that in&s;tead of praying for the King in their publick oray&s;ons, they pray again&s;t him, and the &s;ubjects are by the &s;ame right ac|quit from their oath of Alleageance: as the va&s;&s;all is exempted from obedience and obligation by oath to his Lord which &s;tands excommunicated; the which hath been determined and confirmed <NOTE PLACE="marg"><HI>In Concil. To|let. 4. c. 74. &amp; in Tolet. 6. lib. 2. feud. tit. 28. &s;ect.</HI> 1.</NOTE> both by act of Councell and Decree of State in the Kingdome of <HI>Arragon.</HI></P>
<P>In like manner, in the Kingdome of <HI>Ca&s;tile</HI> in full a&s;&s;embly of the E&s;tates, the King being readie to be crowned, is fir&s;t in the pre&s;ence of all adverti&s;ed of his dutie: and even then are reade the Articles di&s;creetly compo&s;ed for the good of the Common-wealth, the King &s;weares he will ob&s;erve and keepe them carefully and faith|fully; which being done, then the Con&s;table takes his oath of al|leageance, after the Princes and Deputies for the Townes &s;weare each of them in their order; and the &s;ame is ob&s;erved in the Kingdomes of <HI>Portugall, Leon,</HI> and the re&s;t of <HI>Spaine.</HI> The le&s;&s;er principallities have their in&s;titution grounded on the &s;ame right. The contracts which the <HI>Brabancers</HI> and the re&s;t of the <HI>Netherland|ers,</HI> together with tho&s;e of <HI>Au&s;tria, Carinthia,</HI> and others, had with <NOTE PLACE="marg">La Joyeu&s;e entre&egrave;.</NOTE> their Princes, were alwayes conditionall. But e&s;pecially the <HI>Bra|bancers,</HI> to take away all occa&s;ion of di&s;pute, have this expre&s;&s;e condition: which is that in the receiving of their Duke, there is read in his pre&s;ence the ancient Articles, wherein is comprized that which is requi&s;ite for the publick good; and thereunto is al&s;o added, that if he doe not exactly and preci&s;ely ob&s;erve them, they may choo&s;e what other Lord it &s;hall &s;eeme good unto them; the which they doe in expre&s;&s;e words prote&s;t unto him. He having allowed and accepted of the&s;e Articles, doth in that publick a&s;&s;em|blie promi&s;e and &s;olemnly &s;weare to keepe them. The which was
<PB N="102" REF="56"> ob&s;erved in the reception of <HI>Philip</HI> the &s;econd King of <HI>Spaine.</HI> <NOTE PLACE="marg">Ludovicus Guicciard. in Di&s;cript. Bel|giae.</NOTE> Briefly, there is not any man can denie, but that there is a contract mutually obligatorie between the King and the Subjects, which requires the people to obey faithfully, and the King to governe lawfully, for the performance whereof the King &s;weares fir&s;t, and after the people.</P>
<P>I would aske here wherefore a man doth &s;weare, if it be not to declare, that what he delivers he &s;incerely intends from his heart? Can any thing be judged more neere to the law of nature, than to ob&s;erve that which we approve? Furthermore, what is the rea&s;on <NOTE PLACE="marg">L. 1. D. Ac|pact. l. non minorum 20. D. de tran&s;act</NOTE> the King &s;weares fir&s;t, and at the in&s;tance, and required by the peo|ple, but to accept a condition either tacite or expre&s;&s;ed? Wherefore is there a condition oppo&s;ed to the Contract, if it be not that in fayling to performe the condition, the contract according to law remaines voyde? And if for want of &s;atisfying the condition by right, the contract is of no force: who &s;hall dare to call that peo|ple perjured, which refu&s;eth to obey a King which makes no ac|count of his promi&s;e, which he might and ought to have kept, and wilfully breakes tho&s;e lawes which he did &s;weare to ob&s;erve? On the contrary, may we not rather e&s;teeme &s;uch a King perfidious, perjured, and unworthy of his place? For if the Law free the va&s;|&s;all <NOTE PLACE="marg">Lib. 2. feudor. tit. 26. &sect;. 24. &amp; tit. 47. Diony&s;. Halic. lib. 2.</NOTE> from his Lord, who dealt felloniou&s;ly with him, although that to &s;peake properly the Lord &s;weareth not fealtie to his va&s;&s;all, but he to him: if the Law of the twelve Tables doth dete&s;t and hold in execration the protector that defraudeth him that is under his tuition: if the civill Law permit an infranchi&s;ed &s;ervant to bring his action again&s;t his patron, for any grievous u&s;age: if in &s;uch ca|&s;es the &s;ame Law delivers the &s;lave from the power of his Ma&s;ter, although the obligation be naturall onely and not civill: is it not much more rea&s;onable that the people be loo&s;ed from that oath of alleageance which they have taken, if the King (who may be not unfitly re&s;embled by an Atturney &s;worne to looke to his Clients cau&s;e) fir&s;t breake his oath &s;olemnly taken? And what if all the&s;e ceremonies, &s;olemne oaths, nay &s;acramentall promi&s;es had never been taken? Doth not nature her &s;elfe &s;ufficiently teach that Kings were on this condition ordained by the people, that they &s;hould governe well? Judges that they &s;hould di&s;tribute ju&s;tice uprightly? Captaines in the warre, that they &s;hould lead their Armes again&s;t their enemies: If on the contrary, they them&s;elves forrage and &s;poile
<PB N="103" REF="56"> their &s;ubjects, and in&s;tead of governors become enemies, as they leave indeed the true and e&s;&s;entiall qualities of a King, &s;o neither ought the people to acknowledge them for lawfull Princes. But what if a people (you will reply) &s;ubdued by force, be compeld <NOTE PLACE="marg">Cicer. 1. Offic.</NOTE> by the King to take an oath of &s;ervitude? And what if a robber, pirate, or tyrant, (I will an&s;wer) with whom no bond of humane &s;ocietie can be effectuall, holding his dagger to your throate, con|&s;traine you pre&s;ently to become bound in a great &s;um of money? Is it not an unque&s;tionable Maxime in Law, that a promi&s;e exact|ed by violence cannot binde? e&s;pecially if any thing be promi&s;ed a|gain&s;t common rea&s;on, or the law of nature? Is there any thing more repugnant to nature and rea&s;on, than that a people &s;hould manicle and fetter them&s;elves; and to be obliged by promi&s;e to the Prince, with their own hands and weapons to be their own execu|tioners? There is therefore a mutuall obligation between the King and the people, which whether it be civill or naturall onely, whe|ther tacite, or expre&s;&s;ed in words, it cannot by any meanes be an|nihilated, nor by any Law be abrogated, much le&s;&s;e by force made voyde. And this obligation is of &s;uch power, that the Prince which wilfully violates it, is a tyrant: and the people which purpo&s;ely breakes it, may be ju&s;tly termed &s;editious.</P>
<P>Hitherto we have treated of a King, it now re&s;ts wee doe &s;ome|what more fully de&s;cribe a Tyrant. Wee have &s;hewed that he is a <NOTE PLACE="marg">Who may truly be cal|led tyrants?</NOTE> King, which lawfully governes a Kingdome, either derived to him by &s;ucce&s;&s;ion, or committed to him by Election. It followes there|fore that he is reputed a tyrant, which as oppo&s;ite to a King, either <NOTE PLACE="marg"><HI>Ari&s;to. lib. 5. polit. c.</HI> 10.</NOTE> gaines a kingdome by violence, or indirect meanes, or being inve|&s;ted therewith by lawfull election or &s;ucce&s;&s;ion, governes it not ac|cording to law and equitie, or neglects tho&s;e contracts and agree|ments, <NOTE PLACE="marg">Bartol. in tract. de ty|rannide.</NOTE> to the ob&s;ervation whereof he was &s;trictly oblieged at his reception. All which may very well occurre in one and the &s;ame per&s;on. The fir&s;t is commonly called a tyrant without title: the &s;e|cond a tyrant by practi&s;e. Now it may well &s;o come to pa&s;&s;e, that he which po&s;&s;e&s;&s;eth him&s;elfe of a kingdome by force, to governe ju&s;tly, and he on whom it de&s;cends by a lawfull title, to rule un|ju&s;tly. But for &s;o much as a kingdome is rather a right than an in|heritance, and an office than a po&s;&s;e&s;&s;ion: he &s;eemes rather worthy the name of a tyrant, which unworthily acquits him&s;elfe of his charge, than he which entered into his place by a wrong dore. In
<PB N="104" REF="57"> the &s;ame &s;ence is the Pope called an intruder which entered by indi|rect means into the papacy: and he an abu&s;er which gover<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">s il in it.</P>
<P><HI>Pithagoras</HI> &s;ayes, <HI>That a worthy &s;tranger is to be preferr'd be|fore an unworthy Citizen, yea though he be a Kin&s;man.</HI> Let it be lawfull al&s;o for us to &s;ay, that a Prince which gained his Prin|cipality by indirect cour&s;es, provided hee governe according to law, and admini&s;ter ju&s;tice equally, is much to be preferred be|fore him, which carrieth him&s;elfe tyrannou&s;ly, although hee were legally inve&s;ted into his government with all the Ceremo|nies and R<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">tes thereunto appertaining.</P>
<P>For &s;eeing that Kings were in&s;tituted to feede, to judge, to cure the d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;ea&s;es of the people: Certainely I had rather that a T<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">iefe &s;h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">uld feede me, than a Shepherd devoure me: I had rather receive ju&s;tice from a R<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">bber, than out-rage from a Judge: I had better be healed by an Empirick, than poy&s;oned by a Do|ct<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> in Phy&s;icke. It were much more profitable for me to have my e&s;tate carefully managed by an intruding Guardian, than to have it w<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;ted and di&s;&s;ipated by one legally appointed.</P>
<P>And although it may be that ambition was his fir&s;t &s;olicitor, to enter violently into the government, yet may it perhaps appeare he affected it the rather to give te&s;timonie of his equity and mo|deration <NOTE PLACE="marg"><HI>Zenophon. Plu|ta<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">chus in A|lexand. in Ae|mi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">co, Cae&s;are. Liv us, lib. 1. Su<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">conius in Cae&s;are, c.</HI> 75.</NOTE> in governing, witne&s;&s;e <HI>Circus, Alexander,</HI> and the <HI>Ro|mans,</HI> which ordinarily accorded to tho&s;e people they &s;ubdued, permi&s;&s;ion to governe them&s;elves according to their owne lawes, cu&s;tomes, and priviledges, yea &s;ometimes incorporated them in|to the body of their owne &s;tate: on the contrary, the Tyrant by practice &s;eemes to extend the priviledge of his legall &s;ucce&s;&s;ion, the better to execute violence and extortion, as may be &s;eene in the&s;e dayes, not only by the examples of the <HI>Turkes</HI> and <HI>Mo&s;co|vites,</HI> but al&s;o in diver<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Chri&s;tian Princes: therefore the act of one which at the fir&s;t was ill, is in &s;ome rea&s;onable time rectifi|ed by ju&s;tice: whereas the other like an inveterate di&s;ea&s;e, the elder it growes, the wor&s;e it affects the Patient.</P>
<P>Now if according to the &s;aying of Saint <HI>Augu&s;tine,</HI> tho&s;e king|domes <NOTE PLACE="marg">Augu&s;t. in lib. 4. c. 4. de c. vi. <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">es.</NOTE> where ju&s;tice hath no place, are but a rap&s;odie of free|booters; they are in that, both the Tyrant without title, and he by practi&s;e alike, for that they are both thieves, both rob|bers, and both unju&s;t po&s;&s;e&s;&s;ors, as he certainly is no le&s;&s;e an unju&s;t detayner which takes another mans goods again&s;t the
<PB N="105" REF="57"> owners will, than hee which employes it ill when it was ta|ken before.</P>
<P>But the fault is without compari&s;on, much more greater of him which po&s;&s;e&s;&s;eth an e&s;tate for to ruine it, than of the o|ther which made him&s;elfe Ma&s;ter of it to pre&s;erve it.</P>
<P>Briefely, the Tyrant by practi&s;e vainely colouring his unju&s;t extortions with the ju&s;tice of his title, is much more blameable then the Tyrant without title, who recompenceth the violence of his fir&s;t intru&s;ion in a continued cour&s;e of a legall and upright government.</P>
<P>But to proceed, there may be ob&s;erved &s;ome difference a|mong&s;t <NOTE PLACE="marg">Tyrants with|out title.</NOTE> Tyrants without title: For there are &s;ome which am|bitiou&s;ly invade their neighbours Countreyes, to enlarge their owne, as <HI>Nimrod, Minus,</HI> and the <HI>Canaanites</HI> have done. Al|though &s;uch are term'd Kings by their owne people, yet to tho&s;e on who&s;e confines they have encroached without any ju&s;t right, or occa&s;ion, they will be accounted Tyrants.</P>
<P>There be others which having attained to the government of an elective Kingdome, that endeavour by deceitfull meanes, by corruption, by pre&s;ent, and other bad practi&s;es, to make it be|come hereditary. For witne&s;&s;e whereof, wee neede not make &s;earch into elder times; the&s;e are wor&s;e than the former, for &s;o much as &s;ecret fraud, as <HI>Cicero</HI> &s;aith, <HI>is ever more odious than o|pen force.</HI></P>
<P>There be al&s;o others which are &s;o horribly wicked, that they &s;eeke to enthrall their own native Countrey like the viperous brood which goaw through the entralls of their mother: as be tho&s;e Ge|nerals of Armies created by the people, who afterwards by the meanes of tho&s;e forces make them&s;elves ma&s;ters of the State, as <HI>Cae&s;ar</HI> at <HI>Rome</HI> under pretence of the Dictator&s;hip, and divers Prin|ces of <HI>Italy.</HI></P>
<P>There be women al&s;o which intrude them&s;elves into the govern|ment of tho&s;e kingdoms which the lawes only permit to the males, and make them&s;elves Queenes and Regents, as <HI>Athalia</HI> did in <HI>Ju|dab, Semiramis</HI> in <HI>A&s;&s;yria, Agripina</HI> in the <HI>Roman</HI> Empire in the Reign of her &s;onne <HI>Nero, Mammea</HI> in <HI>Alexander Severus</HI> his time, <HI>Semiamira</HI> in <HI>Heliogabalu&s;&s;es;</HI> and certaine <HI>Brunichildes</HI> in the king|dome of <HI>France,</HI> who &s;o educated their &s;onnes [as the Queens of the hou&s;e <HI>Medicis</HI> in the&s;e latter times] during their minority, that
<PB N="106" REF="58"> attaining to more maturity, their only care was to glut them|&s;elves in plea&s;ures and delights: &s;o that the whole management of affaires remain'd in the hands of their Mothers, or of their Mini|ons, &s;ervants, and Officers. Tho&s;e al&s;o are Tyrants without ti|tle, who taking advantage of the floath, weakene&s;&s;e, and di&s;&s;o|lute cour&s;es of tho&s;e Princes which are otherwi&s;e lawfully in&s;titu|ted, and &s;eeking to enwrap them in a &s;leepy dreame of voluptu|ous idlene&s;&s;e (as under the <HI>French</HI> Kings, e&s;pecially tho&s;e of the <HI>Merovingian</HI> line, &s;ome of the Mayres of the Palace have beene advanc'd to that dignity for &s;uch egregious &s;ervices) transferring into their owne command all the royall authority, and leaving the King only the bare name. All which Tyrants are certainly of this condition, that if for the manner of their government they are not blameable: Yet for &s;o much as they entered into that ju|ri&s;diction by tyrannous intru&s;ion, they may ju&s;tly be termed Ty|rants without title.</P>
<P>Concerning Tyrants by practi&s;e, it is not &s;o ea&s;ie to de&s;cribe <NOTE PLACE="marg">Tyrants by practi&s;e.</NOTE> them as true Kings. For rea&s;on rules the one, and &s;elfe-will the other: the fir&s;t pre&s;cribes bounds to his affections, the &s;econd con|fines his de&s;ires within no limits, what is the proper rights of Kings may be ea&s;ily declared, but the outragious in&s;olencies of Tyrants cannot without much difficulty be expre&s;s'd. And as a right angle is uniforme, and like to it &s;elfe one and the fame. &s;o an oblique di|ver&s;ifies it &s;elfe into various and &s;undry &s;pecies: In like manner is ju&s;tice and equity &s;imple, and may be deciphered in few words: but inju&s;tice and injury are divers, and for their &s;undry accidents not to be &s;o ea&s;ily defin'd; but that more will be omitted then ex|pre&s;s'd. Now although there be certaine rules by which the&s;e Ty|rants may be repre&s;ented (though not ab&s;olutely to the life:) yet notwith&s;tanding there is not any more certaine than by conferring and comparing a Tyrants fraudulant &s;leights with a Kings vertu|ous actions.</P>
<P>A Tyrant lops off tho&s;e eares which grow higher then the re&s;t of the corne, e&s;pecially where vertue make them mo&s;t con&s;picuou&s;|ly eminent, oppre&s;&s;eth by calumnies, and fraudulent practi&s;es, the principall officers of the State, gives out reports of intended con&s;pi|racies again&s;t him&s;elf, that he might have &s;ome colourable pretext to cut them off, witne&s;&s;e <HI>Tiberius, Maximinius,</HI> &amp; others, which &s;pa|red not their own kin&s;men, cozens, and brothers.</P>
<PB N="107" REF="58">
<P>The King on the contrary doth not onely acknowledge, his brothers to be as it were con&s;orts unto him in the Empire: But al&s;o holds in the place of brothers all the principall Officers of the Kingdom, &amp; is not a&s;hamed to confe&s;&s;e that of them (inqua|lity as deputed from the generall E&s;tates) he holds the Crown.</P>
<P>The tyrant advanceth above and in oppo&s;ition to the ancient and worthy Nobility, mean and unworthy per&s;ons; to the end that the&s;e ba&s;e &s;ellowes being ab&s;olutely his creatures, might ap|plaud and apply them&s;elves to the fulfilling of all his loo&s;e and unruly de&s;ires. The King maintains every man in his Rank, ho|nours and re&s;pects the Grandies as the Kingdomes friends, de&s;i|ring their good as well as his own.</P>
<P>The tyrant hates and &s;u&s;pects di&s;creet and wi&s;e men, and fears no oppo&s;ition more than vertue, as being con&s;cious of his owne vitious cour&s;es, and e&s;teeming his owne &s;ecurity to con&s;i&s;t principally in a generall corruption of all e&s;tates, introduceth multiplicity of Tavernes, Gaming-hou&s;es, Maskes, Stage|playes, Brothel-hou&s;es, and all other licencious &s;uperfluities, that might effeminate and ba&s;tardize noble &s;pirits, as <HI>Cyrus</HI> did, to weaken and &s;ubdue the <HI>Sardiens:</HI> The King on the contrary allu|reth from all places hone&s;t and able men, and encourageth them by pen&s;ions and honours; and for &s;eminaries of vertue, erects Schooles and Univer&s;ities in all convenient places.</P>
<P>A tyrant as much as in him lies, prohibites or avoids all pub|lick <NOTE PLACE="marg">Machiavil in principe.</NOTE> A&s;&s;emblies, feares Parliaments, Diets and me<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">tings of the generall E&s;tates, flies the light, affecting (like the B<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t) to con|ver&s;e onely in darkne&s;&s;e; yea, he is jealous of the very ge&s;ture, countenance, and di&s;cour&s;e of his &s;ubjects. The King becau&s;e he conver&s;es alwayes as in the pre&s;ence of Men and Angels, glories in <NOTE PLACE="marg">Ari&s;t. lib. 5. c. 11. polit.</NOTE> the multitude, and &s;ufficiency of his Councellors, e&s;teeming no|thing well done which is ordered without their advice, and is &s;o farre from doubting or di&s;ta&s;ting the publick meeting of the ge|nerall E&s;tates, as he honours and re&s;pects tho&s;e A&s;&s;emblies with much favour and affection.</P>
<P>A tyrant nouri&s;heth and feedeth factions and di&s;&s;en<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ions a|mong&s;t his &s;ubjects, ruines one by the help of another, that he may the ea&s;ier vanqui&s;h the remainder, advantaging him&s;elfe by this divi&s;ion, like tho&s;e di&s;hone&s;t Surgeons which lengthen out their cures. Briefly after the manner of that abominable <HI>Vitelli|us,</HI> he is not a&s;hamed to &s;ay, that the karka&s;&s;e of a dead enemy,
<PB N="108" REF="59"> e&s;pecially a &s;ubjects, yeelds a good &s;avour. On the contrary, a good King endeavours alwayes to keep peace among&s;t his &s;ub|jects, as a father among&s;t his children, choakes the &s;eeds of trou|bles, and quickly heals the &s;carre; the execution even of ju&s;tice upon rebels, drawing teares from his compa&s;&s;ionate eyes; yea, tho&s;e whom a good King maintains and defends again&s;t a forrain enemy, a tyrant (the enemy of nature) compels them to turn the points of their &s;words into their own proper intrails. A tyrant fils his Garri&s;ons with &s;trange Souldiers, builds Citadels again&s;t his &s;ubjects, di&s;armes the people, throwes down their forts, makes him&s;elfe formidable with guards of &s;trangers, or men onely fit for p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">llage and &s;poyle, gives pen&s;ions out of the publick Trea&s;u|ry to &s;pies and calumniating informers, di&s;per&s;t through all Ci|ties and Provinces. Contrariwi&s;e, a King repo&s;eth more his &s;afe|ty <NOTE PLACE="marg">1. <HI>vi. lib. 2 c. 1. Diony&s;. <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">ai<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">. l. 5. de Arunte filio Por&s;ennae.</HI></NOTE> in the love of his &s;ubjects, than in the &s;trength of his Fortre&s;&s;es again&s;t his enemies, taking no care to inroll Souldiers, but ac|counts every &s;ubject as a man at arms to guard him, &amp; builds forts to re&s;train the irruptions of forraine enemies, and not to con|&s;train his &s;ubjects to obedience, in who&s;e fidelity he putteth his greate&s;t confidence. Therefore it is that tyrants, although they have &s;uch numberle&s;&s;e guards about them to drive off throngs of <NOTE PLACE="marg">Prov. 14. 28.</NOTE> people from approaching them, yet cannot all tho&s;e numbers &s;e|cure them from doubts, jealou&s;ies and di&s;tru&s;ts, which continu|ally afflict and terrifie their timerous con&s;ciencese yea in the mid|de&s;t of their greate&s;t &s;trength, the tyrannizer of tyrants, fear, ma|maketh prize of their &s;ouls, and there triumphs in their affliction. A good King in the greate&s;t concour&s;e of people, is free&s;t from <NOTE PLACE="marg">Bartol. in tract de tyrannide.</NOTE> doubts or fears, nor troubled with &s;olicitous di&s;tru&s;ts in his &s;olita|ry retirements, all places are equally &s;ecure unto him, his own con&s;cience being his be&s;t guard. If a tyrant want civill broyles to exerci&s;e his cruell di&s;po&s;ition in, he makes warres abroad; e|rects idle and needle&s;&s;e trophees to continually imploy his tribu|taries, that they might want lea&s;ure to think on other things, as <HI>Pharaoh</HI> did the <HI>Jews,</HI> and <HI>Polierates</HI> the <HI>Samiens;</HI> therefore he al|wayes <NOTE PLACE="marg">A<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">gid. Rom. de reg. prin.</NOTE> prepares for, or threatens war, or at lea&s;t &s;eemes &s;o to doe, and &s;o &s;til rather draws mi&s;chief on, than puts it further off. A King never makes war, but compeld unto it, and for the pre&s;ervation of <NOTE PLACE="marg">Cicero de of|fic. lib. 1.</NOTE> the publick; he never de&s;ires to purcha&s;e advantage by trea&s;on, he never entreth into any war that expo&s;eth the Common-wealth to more danger than it affordeth probable hope of commodity.</P>
<PB N="109" REF="59">
<P>A Tyrant leaves no de&s;igne unattempted by which he may fleece his Subjects of their &s;ub&s;tance, and turne it to his proper benefit, that being continually troubled in gaining meanes to live, they may have no lea&s;ure nor hope how to regaine their liberty: On the contrary, the King knowes that every good Subjects pur&s;e will be ready to &s;up|ply the Common-wealths occa&s;ion, and therefore believes he is po&s;|&s;e&s;t of no &s;mall trea&s;ure, whil&s;t through his good governement his Subjects flow in all aboundance.</P>
<P>A Tyrant extorts unju&s;tly from many to ca&s;t prodigally upon two or three Minions, and tho&s;e unworthy; hee impo&s;eth on all: and exacteth from all, to furni&s;h their &s;uperfluous and riotous expences: he builds his owne, and followers fortunes on the ruines of the pub|lique: he drawes out the peoples blood, by the veines of their means, and gives it pre&s;ently to carou&s;e to his Court-leeches. But a King cuts off from his ordinary expences, to ea&s;e the peoples nece&s;&s;ities, ne|glecteth his private &s;tate, and furni&s;heth with all magnificence the publique occa&s;ions; briefely is prodigall of his owne blood, to de|fend and maintain the people committed to his care.</P>
<P>If a Tyrant as heretofore <HI>Tiberius, Nero, Commodus</HI> and others, did &s;uffer his Subjects to have &s;ome breathing time from unrea&s;onable ex|actions, and like &s;punges to gather &s;ome moy&s;ture, it is but to &s;quee&s;e them out afterwards to his owne u&s;e: on the contrary, if a King doe &s;ometimes open a vaine, and draw &s;ome blood, it is for the peoples good, and not to be expended at his own plea&s;ure in any di&s;&s;olute cour&s;es. And therefore as the holy Scripture compares the one to a <HI>Shepheard,</HI> &s;o doth it al&s;o re&s;emble the other to a roaring <NOTE PLACE="marg">Prov. 8. 15.</NOTE> <HI>Lion,</HI> to whom notwith&s;tanding the <HI>Foxe</HI> is oftentimes coupled. For a Tyrant as &s;aies <HI>Cice,</HI> is <HI>culpable in effect of the greate&s;t inju&s;tice that</HI> <NOTE PLACE="marg"><HI>Cicer. de offic. lib.</HI> 1.</NOTE> <HI>may be imagined, and yet he carrieth it &s;o cunningly, that when hee mo&s;t deceives, it is then that hee maketh greate&s;t appearance to deale &s;incerely.</HI> And therefore doth hee artificially counterfeit Religion and de|votion, wherein &s;aith <HI>Ari&s;totle,</HI> hee <HI>expre&s;&s;eth one of the mo&s;t ab&s;o|lute</HI> <NOTE PLACE="marg"><HI>Ari&s;t. lib. 5. polit. c.</HI> 11.</NOTE> <HI>&s;ubtleties that Tyrants can po&s;&s;ibly practi&s;e: hee doth &s;o compo&s;e his countenance to piety, by that meanes to terrifie the people from con&s;piring a|gain&s;t him; who they may well imagine to be e&s;pecially favoured of God, ex|pre&s;&s;ing in all appearance &s;o reverently to &s;erve him.</HI> He fains al&s;o to be ex|ceedingly affected to the publique good; not &s;o much for the love of it, as for feare of his owne &s;afety.</P>
<P>Furthermore he de&s;ires much to be e&s;teemed ju&s;t, and loyall in &s;ome
<PB N="110" REF="60"> affaires, purpo&s;ely to deceive and betray more ea&s;ily in matters of greater con&s;equence: much like tho&s;e thieves which maintaine them|&s;elves by thefts and robberies, cannot yet long &s;ub&s;i&s;t in their trade, without exerci&s;ing &s;ome parcell of ju&s;tice in their proceedings. Hee al&s;o counterfeits the mercifull, but it is in pardoning of &s;uch malefa|ctors, in puni&s;hing whereof he might more truly gaine the reputation of a pittifull Prince.</P>
<P>To &s;peake in a word, that which the true King is, the Tyrant would &s;eeme to be, and knowing that men are wonderfully attra|cted with, and inamoured of vertue, hee endeavours with much &s;ubtilty to make his vices appeare yet masked with &s;ome &s;hadow of vertue: but let him counterfeit never &s;o cunningly, &s;till the Fox will be known by his taile: and although he fawne and flatter like a Span|nell, yet his &s;narling and grinning will ever bewray his curri&s;h kind.</P>
<P>Furthermore, as a well-ordered Monarchy partakes of the princi|pall <NOTE PLACE="marg"><HI>Tho. Aquin.</HI> in &s;ecund. &s;e|cund. q. 12. a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t. 11.</NOTE> commodities of all other governements: So on the contrary, where tiranny prevailes, there all the di&s;commodities of confu&s;ion are frequent.</P>
<P>A Monarchy hath in this, conformity with an Ari&s;tocraty, that the mo&s;t able and di&s;creet are called to con&s;ultations: Tiranny and Oligarchy accord in this, that their coun&s;els are compo&s;ed of the wor&s;t and mo&s;t corrupted. <HI>And as in the Councell Royall, there may in a fort &s;eeme many Kings to have intere&s;ts in the government, &s;o in the other on the contrary, a multitude of Tyrants alwayes domineers.</HI></P>
<P>The Monarchy borrowes of the popular government the a&s;&s;emblies of the E&s;tates, whither are &s;ent for Deputies the mo&s;t &s;ufficient of Ci|ties and Provinces, to deliberate of, and determine matters of State: the tiranny takes this of the Ochlocracie, that if &s;hee be not able to hinder the convocation of the E&s;tates, yet will &s;he endeavour by fa|ctious &s;ubtilties and pernicious practices, that the greate&s;t enemies of Order and Reformation of the State be &s;ent to tho&s;e A&s;&s;emblies, the which we have known practi&s;ed in our times. In this manner a&s;&s;umes the Tyrant the countenance of a King, and tyranny the &s;emblance of a Kingdome, and the continuance &s;ucceeds commonly according to the dexterity wherewith it is managed: yet, as <HI>Ari&s;totle</HI> &s;ays, <HI>we &s;hal hardly reade of any tyranny that hath out-la&s;ted a hundred yearee: briefely the King principally regards the publique utility, and a Tyrants chiefe&s;t care is for his private commodity.</HI></P>
<P>But &s;eeing the condition of men is &s;uch, that a King is with much
<PB N="111" REF="60"> difficulty to be found, that in all his actions only agreeth at the publique good, and yet cannot long &s;ub&s;i&s;t without expre&s;&s;ion of &s;ome &s;peciall care thereof, we will conclude that where the Com|mon-wealths advantage is mo&s;t preferr'd, there is both a lawfull King and Kingdome; and where particular de&s;ignes and private ends prevaile again&s;t the publique profit, there que&s;tionle&s;&s;e is a Tyrant and tiranny.</P>
<P>Thus much concerning Tyrants by practi&s;e, in the examining whereof wee have not altogether fixed our di&s;cour&s;e on the loo&s;e di&s;orders of their wicked and licentious lives, <NOTE N="a" PLACE="marg">Bartol. in. tract. de tiran|ct de regim. Civt.</NOTE> which &s;ome &s;ay is the character of a bad man: but not alwayes of a bad Prince. If therefore the Reader be not &s;atisfied with this de&s;cription, be|&s;ides the more exact repre&s;entations of Tyrants which he &s;hall finde in hi&s;tories: he may in the&s;e our dayes behold an ab&s;olute modell of many living and breathing Tyrants: whereof <HI>Ari&s;totle</HI> in his time did much complaine. Now at the la&s;t we are come as it were by degrees to the chiefe and principall point of the que&s;tion. We have &s;eene how that Kings <NOTE N="b" PLACE="marg">To whom it belongs to re&s;i&s;t &amp; &s;up|pre&s;&s;e Tyra~ts without title.</NOTE> have beene cho&s;en by God, either with relation to their Families or their per&s;ons only, and after in&s;talled by the people: In like manner what is the duty of the King, and of the Officers of the Kingdome, how farre the authority, power, and duty both of the one &amp; the other extends, and what and how &s;acred are the Covenants and contracts w^c^h are made at the inau|guration of Kings, and what conditions are intermixt, both tacite and expre&s;s'd; finally who is a Tyrant without title, and who by practi&s;e, &s;eeing it is a thing unque&s;tionable that we are bound to obey a lawfull King, which both to God and people carrieth him|&s;elfe according to tho&s;e Covenants whereunto he &s;tands obliged, as it were to God him&s;elfe, &s;eeing in a fort he repre&s;ents his divine Maje&s;tie: It now followes that we treate, how, and by whom a Tyrant may be lawfully re&s;i&s;ted, and who are the per&s;ons that ought to be chiefely actors therein, and what cour&s;e is to be held, that the action may be managed according to right and rea&s;on: we mu&s;t fir&s;t &s;peak of him w^c^h is commonly called a Tyrant without title. Let us &s;uppo&s;e then that &s;ome <HI>Ninus</HI> having neither received outrage nor offence, invades a people over whom he hath no colour of preten&s;ion: that <HI>Cae&s;ar</HI> &s;eekes to oppre&s;&s;e his Countrey, <NOTE N="c" PLACE="marg"><HI>Otto Fri&s;ing. Chron. l. 3. c.</HI> 7.</NOTE> and the <HI>Roman</HI> Common-wealth: that <HI>Popiclus</HI> endeavours by murthers and trea&s;ons to make the elective Kingdome of <HI>Polonia</HI> to become
<PB N="112" REF="61"> hereditary to him and his po&s;terity: or &s;ome <HI>Brunichilde</HI> drawes <NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> lib. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. c. 1. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> T<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">u<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">on. lib. 4. c. 51. lib. 5. c. 1<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. lib. 8. c. 29.</NOTE> to her &s;elfe and her Protadius the ab&s;olute government of <HI>France:</HI> or <HI>Ebroinus</HI> taking advantage of <HI>Theodericks</HI> weakne&s;&s;e and idlene&s;&s;e, gaineth the intire admini&s;tration of the State, and oppre&s;&s;eth the people, what &s;hall be our lawfull refuge herein?</P>
<P>Fir&s;t, The law of nature teacheth, and commandeth us to main|taine and defend our lives and liberties, without which life is &s;cant worth the enjoying, again&s;t all injury and violence. Nature hath imprinted this by in&s;tinct in Dogs again&s;t Wolves, in Buls again&s;t Lions, betwixt Pigeons and Spar hawkes, betwixt Pullen and Kites, and yet much more in man again&s;t man him|&s;elfe, if man become a bea&s;t: and therefore he which que&s;tions the lawfulne&s;&s;e of defending ones &s;elfe, doth as much as in him lies que|&s;tion the law of nature. To this mu&s;t be added the law of Nations, which di&s;tingui&s;heth po&s;&s;e&s;&s;ions, and Dominions, fixes limits, and makes our confi<GAP DESC="illegible" EXTENT="2 letters">s, which every man is bound to defend again&s;t all invaders. And therefore it is no le&s;&s;e lawfull to re&s;i&s;t, <HI>Alexan|der</HI> the great, it without any right or being ju&s;tly provoked, he in|vades a Countrey with a mighty Navy; as well as <HI>Diomedes</HI> the Pi|rate which &s;coures the Seas in a &s;mall ve&s;&s;ell. For in this ca&s;e <HI>Alex|anders</HI> right is no more than <HI>Di<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">medes</HI> his, but only hee hath more power to doe wrong, and not &s;o ea&s;ily to be compeld to rea&s;on as the other. Briefely, one may as well oppo&s;e <HI>Alexander</HI> in pillaging a Country, as a Theefe in purloining a cloake, as well him when he &s;eekes to batter downe the walls of a Citie, as a robber that offers to break into a private hou&s;e. There is be&s;ides this, the civill law, or municipial laws of &s;everall Countreyes which governs the &s;ocieties of men, by certaine rules, &s;ome in one manner, &s;ome in another; &s;ome &s;ubmit them&s;elves to the government of one man, &s;ome to more; others are ruled by a whole Communalty, &s;ome ab&s;olutely exclude women from the Royall Throne, others admit them, the&s;e here chu&s;e their King de&s;cended of &s;uch a family, tho&s;e there make election of whom they plea&s;e, be&s;ides other cu&s;tomes practi&s;ed among&s;t &s;everall Nations. If therefore any offer either by fraud or force to violate this law, wee are all bound to re&s;i&s;t him, becau&s;e he wrongs that &s;ociety to which wee owe all that we have, and would runne our Countrey, to the pre&s;ervation whereof, all men by nature; by law and by &s;olemne oath are &s;trictly obliged: in&s;omuch that feare or negligence, or bad purpo&s;es, make us omit
<PB N="113" REF="61"> this dutie, wee may ju&s;tly be accounted breakers of the Lawes, betrayers of our Countrey, and contemners of Religion. Now as the Law of Nature, of Nations, and the civill commands us to take Armes again&s;t &s;uch Tyrants: &s;o is there not any manner of rea&s;on that &s;hould per&s;wade us to the contrary; neither is there any oath, covenant, or obligation, publike or private, of power ju&s;tly to re|&s;traine us: therefore the meane&s;t private man may re&s;i&s;t and law|fully <NOTE PLACE="marg">L. ult. D. ad leg. Jul. Ma|je&s;tatis.</NOTE> oppo&s;e &s;uch an intruding tyrant. The Law <HI>Julia</HI> which con|demnes to death tho&s;e that rai&s;e rebellion again&s;t their Countrey or Prince, hath here no place: for he is no Prince which without any lawfull title invadeth the Common-wealth, or Confines of an other: nor he a rebell which by armes defends his Countrey: but rather to this had relation the Oath which all the youth of <HI>A|thens</HI> were accu&s;tomed to take in the Temple of <HI>Aglaura:</HI> I will fight for Religion, for the Lawes, for the Altars, and for our po&s;&s;e&s;&s;ions, either alone or with others, and will doe the utmo&s;t of my endeavour, to leave to po&s;teritie our Countrey, at the lea&s;t in as good e&s;tate as I found it. To as little purpo&s;e can the <NOTE PLACE="marg">Bartol. in trac. de Guelph. &amp; Gibellin.</NOTE> Lawes made again&s;t &s;editious per&s;ons be alledged here; for he is &s;editious which undertakes to defend the people, in oppo&s;ition of order and publick Di&s;cipline; But he is no rai&s;er, but a &s;uppre&s;|&s;or of &s;edition, which re&s;traineth within the limits of rea&s;on, the &s;ubvertor of his Countries welfare, and publicke Di&s;cipline.</P>
<P>On the contrary to this, hath proper relation the Law of <HI>Tyra|nacides,</HI> <NOTE PLACE="marg"><HI>Plin. lib. 4. Alexand. ab Alex. lib. 6. cap.</HI> 4.</NOTE> which honours the living with great and memorable re|compences, and the dead with worthy Epitaphes, and glorious Statues, that have been their Countries Liberators from Tyrants; as, <HI>Harmodius</HI> and <HI>Ari&s;togiton</HI> at <HI>Athens, Brutus</HI> and <HI>Ca&s;&s;ius</HI> in <HI>Greece,</HI> and <HI>Aratus</HI> of <HI>Sycione.</HI> To the&s;e by a publike Decree were <NOTE PLACE="marg">Ziphilm. in vita Augu&s;t.</NOTE> erected Statues, becau&s;e they delivered their Countries from the tyrannies of <HI>Pi&s;i&s;tratus,</HI> of <HI>Cae&s;ar,</HI> and of <HI>Nicocles.</HI> The which was <NOTE PLACE="marg">Plutarch. in Arato.</NOTE> of &s;uch re&s;pect among&s;t the Ancients, that <HI>Zerxes</HI> having made him&s;elfe Ma&s;ter of the Citie of <HI>Athens,</HI> cau&s;ed to be tran&s;ported into <HI>Per&s;ia</HI> the Statues of <HI>Harmodius</HI> and <HI>Ari&s;togiton:</HI> afterwards <NOTE PLACE="marg">Valer. Maxim. lib. 2, c. ultim.</NOTE> <HI>Selcucus</HI> cau&s;ed them to be returned into their former place: and as in their pa&s;&s;age they came by <HI>Roades,</HI> tho&s;e famous Citizens en|tertained them with publick and &s;tupendious &s;olemnities, and du|ring their abode there, they placed them in the choice&s;t &s;acre&s;ties of their gods. But the Law made again&s;t for&s;akers, and traytors,
<PB N="114" REF="62"> takes ab&s;olutely hold on tho&s;e which are negligent and carele&s;&s;e to deliver their Countrey oppre&s;&s;ed with tyrannie, and con|demnes them to the &s;ame puni&s;hment, as tho&s;e cowardly Souldi|ers, which when they &s;hould fight, either counterfeit &s;ickne&s;&s;e, or ca&s;t off their Armes and run away. Every one therefore both in generall and particular, ought to yeeld their be&s;t a&s;&s;i&s;tance unto this: as in a publicke fire, to bring both hookes, and buckets, and <NOTE PLACE="marg">L. 3. &amp; l. Omne deli|ctum. &sect;. ult. D. de remi|lit.</NOTE> water: wee mu&s;t not ceremoniou&s;ly expect that the Captaine of the Watch be fir&s;t called, nor till the Governour of the Towne be come into the &s;treets; but let every man draw water and climb to the hou&s;e-top; it is nece&s;&s;ary for all men that the fire be quen|ched. For if while&s;t the <HI>Gaules</HI> with much &s;ilence and vigilancie &s;eeke to &s;cale and &s;urpri&s;e the <HI>Capitoll,</HI> the Souldiers be drow&s;ie with their former paines, the Watch buried in &s;leepe, the dogges fayle to barke: then mu&s;t the gee&s;e play the Sentinells, and with their gagling noy&s;e give an alarum. And the Souldiers and Watch &s;hall be degraded, yea, and put to death: the gee&s;e for perpetuall remembrance of this deliverance, &s;hall be alwayes &s;ed in the <HI>Capi|toll,</HI> and much e&s;teemed.</P>
<P>This of which wee have &s;poken, is to be under&s;tood of a ty|ranny not yet firmely rooted, to wit, whil&s;t a tyrant con&s;pires, machinates, and layes his plots and practi&s;es. But if he be once &s;o po&s;&s;e&s;&s;ed of the State, and that the people being &s;ubdued, promi&s;e and &s;weare obedience: the Common-wealth being oppre&s;&s;ed, re|&s;igne their authoritie into his hands, and that the Kingdome in &s;ome formall manner, con&s;ent to the changing of their Lawes: for &s;o much certainly as then he hath gained a title which before he wanted, and &s;eemes to be as well a legall as actuall po&s;&s;e&s;&s;or thereof, although this yoke were laid on the peoples necke by compul&s;ion, yet mu&s;t they quietly and peaceably re&s;t in the will of the Almightie, who at his plea&s;ure transferres Kingdomes from one Nation to another. Otherways there &s;hould be no Kingdome who&s;e juridiction might not be di&s;puted: and it may well chance that he which before was a tyrant without title, having obtained the title of a King, may free him&s;elfe from any tyrannous im|putation by governing tho&s;e under him with equitie and modera|tion. Therefore then as the people of <HI>Jurie</HI> under the authori|tie <NOTE PLACE="marg">2 Kings 24. and 25. Ierem. 37.</NOTE> of King <HI>Ezechias</HI> did lawfully re&s;i&s;t the inva&s;ion of <HI>Senacherib</HI> the <HI>A&s;&s;yrian:</HI> So on the contrary was <HI>Zadechias</HI> and all his &s;ub|jects
<PB N="115" REF="62"> worthily puni&s;hed, becau&s;e that without any ju&s;t occa&s;ion after they had done homage and &s;worne fealtie to <HI>Nebuchadnez|zar,</HI> they ri&s;e in rebellion again&s;t him. For after promi&s;e of per|formance it is too late to repent: and as in battles every one ought to give te&s;timony of his valour, but being taken pri&s;oner, mu&s;t faithfully ob&s;erve Covenants: &s;o it is requi&s;ite that the people maintaine their rights by all po&s;&s;ible meanes: but if it chance that they be brought into the &s;ubjection of anothers will, they mu&s;t then patiently &s;upport the dominion of the Victor. So did <HI>Pompey Cato,</HI> and <HI>Cicero,</HI> and others, performe the parts of good Patriots then when they tooke armes again&s;t <HI>Cae&s;ar,</HI> &s;eeking to alter the government of the State; neither can tho&s;e be ju&s;tly excu&s;ed who&s;e ba&s;e feare hindred the happie &s;ucce&s;&s;e of <HI>Pompey</HI> and his par|takers noble de&s;igner. <HI>Augu&s;tus</HI> him&s;elfe is &s;aid to have reproved one who rayled on <HI>Cato,</HI> affirming that he carried him&s;elfe wor|thily and exceedingly affected to the greatne&s;&s;e of his Countrey in couragiou&s;ly oppo&s;ing the alteration which his contraries &s;ought to introduce in the Government of the State, &s;eeing all innovati|ons of that nature are ever Authors of much trouble and confu|&s;ion.</P>
<P>Furthermore, no man can ju&s;tly reprehend <HI>Brutus, Ca&s;&s;ius,</HI> and the re&s;t, who killed <HI>Cae&s;ar,</HI> before his tyrannicall authoritie had taken any firme rooting. And &s;o were there Statues of bra&s;&s;e ere|cted in honour of them by publick decree at <HI>Athens,</HI> and placed by tho&s;e of <HI>Harmodius</HI> and <HI>Ari&s;togiton,</HI> then when after the di&s;patch|ing of <HI>Cae&s;ar</HI> they retired from <HI>Rome,</HI> to avoyde <HI>Mar: Antonie</HI> and <HI>Augu&s;tus</HI> their revenge. But <HI>Cinna</HI> was certainly guiltie of &s;e|dition, who after a legall transferring of the peoples power into the hands of <HI>Augu&s;tus,</HI> is &s;aid to con&s;pire again&s;t him. Likewi&s;e when the <HI>Pepins</HI> &s;ought to take the Crowne of <HI>France</HI> from the <HI>Merovingians;</HI> as al&s;o when tho&s;e of the line of <HI>Capet</HI> endea|voured to &s;upplant the <HI>Pepins,</HI> any might lawfully re&s;i&s;t them without incurring the crime of &s;edition: but when by publick coun&s;ell and the authoritie of the E&s;tates, the kingdome was tran&s;|ferred from one familie to another, it was then unlawfull to op|po&s;e it. The &s;ame may be &s;aid if a Woman po&s;&s;e&s;&s;e her &s;elfe of the Kingdome, which the Salick Law ab&s;olutely prohibites, or if one &s;eeke to make a Kingdome meerly elective, hereditary to his off|&s;pring, while tho&s;e Lawes &s;tand in force, and are unr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">pealed by
<PB N="116" REF="63"> the authoritie of the generall E&s;tates, which repre&s;ent the body of the people. Neither is it nece&s;&s;ary, in this re&s;pect, to have regard whether faction is the greater, more powerfull or more illu&s;trious. Alwayes tho&s;e are the greater number who are led by pa&s;&s;ion, than tho&s;e that are ruled by rea&s;on, and therefore tyranny hath more &s;ervants than the Common-wealth. But <HI>Rome</HI> is there ac|cording to the &s;aying of <HI>Pompey,</HI> where the Senate is, and the Se|nate is where there is obedience to the Lawes, love of libertie, and &s;tudious carefulne&s;&s;e for the Countries pre&s;ervation. And there|fore though <HI>Brennus</HI> may &s;eeme to be ma&s;ter of <HI>Rome:</HI> yet notwith|&s;tanding is <HI>Rome</HI> at veies with <HI>Camillus,</HI> who prepares to deliver <HI>Rome</HI> from bondage. It behoves therefore all true <HI>Romans</HI> to re|paire to <HI>Camillus,</HI> and a&s;&s;i&s;t his Enterpri&s;e with the utmo&s;t of their power and endeavours. Although <HI>Themi&s;tocles,</HI> and all his <NOTE PLACE="marg">Plutarch. in vita Themi&s;t.</NOTE> able and worthie&s;t companions leave <HI>Athens,</HI> and put to Sea with a navie of two hundred Gallies, notwith&s;tanding it cannot be &s;aid that any of the&s;e men are bani&s;hed <HI>Athens.</HI> But rather as <HI>Themi&s;t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">|cles</HI> an&s;wered; The&s;e two hundred Gallies are more u&s;efull for us than the greate&s;t Citie of all <HI>Greece:</HI> for that they are armed and prepared for the defence of tho&s;e which endeavour to maintaine and uphold the publick State.</P>
<P>But to come to other examples; it follows not that the Church of God mu&s;t needs be alwayes in that place where the Arke of the Covenant is: for the <HI>Phili&s;tines</HI> may carry the Arke into the Tem|ples of their Idols. It is no good argument, that becau&s;e wee &s;ee the <HI>Roman Eagles</HI> waving in En&s;ignes, and heare their Legions na|med, that therefore pre&s;ently wee conclude that the Armie of the <HI>Romane</HI> Common-wealth is there pre&s;ent: for there is onely and properly the power of the State where they are a&s;&s;embled to main|taine the libertie of the Countrey again&s;t the ravenous oppre&s;&s;ion of Tyrants, to infranchi&s;e the people from &s;ervitude, and to &s;up|pre&s;&s;e the impudency of in&s;ulting flatterers, who abu&s;e the Princes weakne&s;&s;e by oppre&s;&s;ing his Subjects for the advantaging of their own fortunes, and containe ambitious minds from enlarging their de&s;ires beyond the limits of equitie and moderation. Thus much concerning Tyrants without title. <NOTE PLACE="marg">What may lawfully be done again&s;t Tyrants by practi&s;e.</NOTE></P>
<P>But for Tyrants by practi&s;e, whether they at fir&s;t gained their authoritie by the &s;word, or were legally inve&s;ted therewith by a generall con&s;ent: It behooves us to examine this point with much
<PB N="117" REF="63"> wary circum&s;pection. In the fir&s;t place we mu&s;t rememher, that all Princes are born men, and therefore rea&s;on and pa&s;&s;ion are as hardly to be &s;eparated in them, as the &s;oule is from the body while&s;t the man liveth: We mu&s;t not then expect Princes ab&s;olute in perfection, but rath<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">r repute our &s;elves happy if tho&s;e that go|vern us be indifferently good. And therefore although the prince ob&s;erve not exact mediocrity in State-affaires, if &s;ometimes pa&s;&s;i|on over-rule his rea&s;on, if &s;ome carele&s;&s;e omi&s;&s;ion make him neg|lect the publick utility, or if he doe not alwayes carefully exe|cute ju&s;tice with equality, or repul&s;e not with ready valour an invading enemy; he mu&s;t not therefore be pre&s;ently declared a tyrant. And certainly, &s;eeing he rules not as a God over men, nor as men over bea&s;ts, but is a man compo&s;ed of the &s;ame mat|ter, and of the &s;ame nature with the re&s;t: as we would que&s;tion|le&s;&s;e judge that prince unrea&s;onably in&s;olent, that &s;hould in&s;ult over and abu&s;e his &s;ubjects, as if they were bruit bea&s;ts; &s;o tho&s;e people are doubtle&s;&s;e as much void of rea&s;on, which imagine a prince &s;hould be compleat in perfection, or expect divine abili|ties in a nature &s;o frail and &s;ubject to imperfection. Put if a prince purpo&s;ely ruine the Common-weale, if he pre&s;umptuou&s;ly pervert and re&s;i&s;t legall proceedings, or lawfull rights, if he make no reckoning of faith, covenants, ju&s;tice nor piety, if he pro&s;ecute his &s;ubjects as enemies; briefly, if he expre&s;&s;e all or the chiefe&s;t of tho&s;e wicked pr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ct&s;ces we have &s;o merly &s;poken 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 &s;peak of a prince le&s;&s;e good, but of one ab&s;olute bad; not of one le&s;&s;e wi&s;e, but of one malicious and treacherous; not of one le&s;&s;e able ju|diciou&s;ly to di&s;cu&s;&s;e legall differences, but as one perver&s;ly bent to pervert ju&s;tice and equity; not of an unwarlick, but of one fu|riou&s;ly di&s;po&s;ed to ruine the people, and ran&s;ack the State. For the wi&s;dome of a S<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">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: tho&s;e being the proper objects of his di&s;tru&s;t and feare, and by con&s;equence the principall &s;ubjects on whom he de&s;ires to execute his malice and cruelty. A fooli&s;h prince, although (to &s;peak according to right
<PB N="118" REF="64"> and equity) he ought to be depo&s;ed, yet may he perhaps in &s;ome &s;ort be born withall: But a tyrant the more he is tollerated, the more he becomes intollerable.</P>
<P>Furthermore, as the Princes plea&s;ure is not alwayes law, &s;o many times it is not expedient that the people doe all that which may lawfully be done: for it may often times chance, that the medicine proves more dangerous than the di&s;ea&s;e. Therefore it becomes wi&s;e men to try all wayes before they come to blowes, to u&s;e all other remedies before they &s;uffer the &s;word to decide the controver&s;ie. If then tho&s;e which repre&s;ent the body of the people, fore&s;ee any iunovation or machination again&s;t the State, or that it be already imbarked into a cour&s;e of perdition, their duty is, fir&s;t to admoni&s;h the Prince, and not to attend, that the di&s;ea&s;e by acc<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;&s;ion of time, and accidents, becomes unrecovera|ble. For tyranny may be properly re&s;embled unto a Feaver He|ctick, the which at the fir&s;t is ea&s;ie to be cured, but with much difficulty to be known; but after it is &s;ufficiently known, it be|comes uncurable. Therefore &s;mall beginnings are to be care|fully ob&s;erved, and by tho&s;e whom it concernes diligently pre|vented.</P>
<P>If the Prince therefore per&s;i&s;t in his violent cour&s;es, and con|temne frequent admonitions, addre&s;&s;ing his de&s;ignes onely to that end, that he may oppre&s;&s;e at his plea&s;ure, and effect his own de&s;ires without feare or re&s;traint, he then doubtle&s;&s;e makes him&s;elf liable to that dete&s;ted crime of <HI>Tyranny:</HI> and what&s;oever either the law, or lawfull authority permits again&s;t a tyrant, may be lawfully practi&s;ed again&s;t him. Tyrany is not onely a will, but the chiefe and as it were the complement and ab&s;tract of vi|ces. A Tyrant &s;ubverts the State, pillages the people, layes &s;tratagems to intrap their lives, breaks promi&s;e with all, &s;coffes at the &s;acred obligation of a &s;olemne oath, and therefore is he &s;o much more vile than the vile&s;t of u&s;uall malefactors, by how much offences comitted again&s;t a generality, are worthy of grea|ter puni&s;hment than tho&s;e which concern onely particular and private per&s;ons. If Theeves and tho&s;e that commit &s;acriledge, be declared infamous; nay, if they ju&s;tly &s;uffer corporall puni&s;hment by death, can we invent any that may be worthily equivalent for &s;o outragious a crime?</P>
<P>Furthermore, we have already proved, that all Kings receive
<PB N="119" REF="64"> their Royall authority from the people, that the whole people con&s;idered in one body, is above and greater than the King: and that the King and Emperour are onely the prime and &s;upreme go|vernours and mini&s;ters of the Kingdome and Empire; but the people the ab&s;olute Lord and owner thereof. It therefore nece&s;|&s;arily followes, that a tyrant is in the &s;ame manner guilty of re|bellion again&s;t the Maje&s;ty of the people, as the Lord of a &s;ee which felloniou&s;ly tran&s;gre&s;&s;e the conditions of his inve&s;titutes, &amp; is liable to the &s;ame puni&s;hment, yea and certainly de&s;erves much more greater than the equity of tho&s;e lawes inflict on the delin|quents. Therefore as <HI>Barclus</HI> &s;ayes, He may either be depo&s;ed by <NOTE PLACE="marg">In tract. de tyran. &amp; in tract. de Re|gim. civit.</NOTE> tho&s;e which are, Lords in Soveraignty over him, or el&s;e ju&s;tly puni&s;hed according to the Law <HI>Julia,</HI> which codemnes tho&s;e which offer violence to the publick. The body of the people mu&s;t needs be the Soveraigne of tho&s;e which repre&s;ent it, which in &s;ome places are the Electors, Palatines, Peeres; in other, the A&s;&s;embly of the generall E&s;tates. And if the tyranny have got|ten &s;uch &s;ure footing, as there is no other meanes but force to re|move him; then is it lawful for them to call the people to Arms, to inroll and rai&s;e forces, and to imploy the utmo&s;t of their pow|er, and u&s;e again&s;t him all advantages and &s;tratagems of warre, as again&s;t the enemy of the Common-wealth, and the di&s;turber of the publick peace. Briefly, the &s;ame &s;entence may be ju&s;tly pro|nounced again&s;t him, as was again&s;t <HI>Manlius Capitolinus</HI> at <HI>Rome.</HI> <NOTE PLACE="marg">Valerius lib. 6. c. 3.</NOTE> <HI>Thou wa&s;t to me Manlius, when thou did&s;t tumble down the Ganles that &s;ealed the Capitole: But &s;ince thou art now become an enemy, like one of them, thou &s;halt be precipitated down from the &s;ame place from whence thou formerly tumbled&s;t tho&s;e enemies.</HI></P>
<P>The Officers of the Kingdome cannot for this be rightly taxed of &s;edition: for in a &s;edition there mu&s;t nece&s;&s;arily concurre but two parts, or &s;ides, the which peremptorily conte&s;t together, &s;o that it is nece&s;&s;ary that the one be in the right, and the other in the wrong: That partundoubtedly hath the right on their &s;ide, which defends the Lawes, and &s;trives to advance the publick pro|fit <NOTE PLACE="marg">Bart. in tract de Guclph. &amp; Gibell. arg. l. 3. Sect. cum igitur D. de vi &amp; vior.</NOTE> of the Kingdome. And tho&s;e on the contrary are que&s;tionle&s;&s;e in the wrong, which breake the Lawes, and protect tho&s;e that vio|late ju&s;tice, and oppre&s;&s;e the Common-wealth. Tho&s;e are cer|tainly in the right way, as &s;aith <HI>Bartolus,</HI> which endeavour to &s;up|pre&s;&s;e tyrannicall government, and tho&s;e in the wrong which op|po&s;e
<PB N="120" REF="65"> lawfull authority. And that mu&s;t ever be accounted ju&s;t, which is intended only for the publique benefit, and that unju&s;t, which aimes chiefly at private commodity. Wherefore <HI>Thomas A|quinas</HI> <NOTE PLACE="marg"><HI>Tho. Aquin.</HI> &s;<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">c &s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">cand. q. 12 <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">t. 11. in &s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">re.</NOTE> &s;aith, <HI>That a tyrannicall rule having no proper addre&s;&s;e for the publique welfare, but only to &s;atisfie a private will with increa&s;e of particular profit to the ruler, cannot in any rea&s;onable con&s;truction be accounted lawfull, and therefore the di&s;turbance of &s;uch a government cannot be e&s;teemed &s;editious, much le&s;&s;e traytors;</HI> for that offence hath proper relation only to a lawfull Prince, who indeed is an inani|mated <NOTE PLACE="marg"><GAP DESC="illegible" RESP="MURP" EXTENT="4 letters"> D. ad leg. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> j<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;t.</NOTE> or &s;peaking law; therefore &s;eeing that he which employes the utmo&s;t of his meanes and power to annihilate the lawes, and quell their vertue and vigour, can no wayes be ju&s;tly intitled there|with: <NOTE PLACE="marg"><HI><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">c. p<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ad.</HI> 4.</NOTE> So neither likewi&s;e can tho&s;e which oppo&s;e and take armes again&s;t him, be branded with &s;o notorious a crime. Al&s;o this of|fence is committed again&s;t the Common wealth: but for &s;o much as the Common-wealth is there only where the lawes are in force, and not where a Tyrant devoures the State at his owne plea&s;ure and liking, he certainly is quit of that crime which ruines the Ma|je&s;ty of the publique State, and tho&s;e que&s;tionle&s;&s;e are worthily protectors and pre&s;ervers of the Common-wealth, who confi|dent in the law&s;ulne&s;s of their authority, and &s;ummoned there|unto by their duty, do couragiou&s;ly re&s;i&s;t the unju&s;t proceedings of the Tyrant.</P>
<P>And in this their action wee mu&s;t not e&s;teeme them as private men and Subjects, but as the repre&s;entative body of the people, yea and as the Soveraignty it &s;elfe, which demands of his Mini&s;ter an account of his admini&s;tration. Neither can we in any good rea|&s;on account the Officers of the Kingdome di&s;loyall, who in this manner acquit them&s;elves of their charge.</P>
<P>There is ever, and in all places, a mutuall and reciprocall obli|gation betweene the people and the Prince, the one promi&s;eth to be a good and wi&s;e Prince, the other to obey faithfully, provided he govern ju&s;tly. The people therefore is obliged to the Prince under condition: the Prince to the people &s;imply and purely. Therefore if the Prince faile in his promi&s;e, the people is exempt from obedience, the contract is made void, the right of obligati|on of no force. Then the King if he governe unju&s;tly is perjur'd, and the people likewi&s;e for&s;worne if they obey not his lawfull com|mands: but that people is truly acquit from all perfidiou&s;ne&s;&s;e,
<PB N="121" REF="65"> which publiquely renounce the unju&s;t dominion of a Tyrant, or he &s;triving unju&s;tly by &s;trong hand to continue the po&s;&s;e&s;&s;ion, doe con&s;tantly endeavour to expul&s;e him by force of armes.</P>
<P>It is therefore permitted the Officers of a Kingdome, either all, <NOTE PLACE="marg">L. 106. D. de reg. jur.</NOTE> or &s;ome good number of them to &s;uppre&s;&s;e a Tyrant; And it is not only lawfull for them to doe it, but their duty expre&s;&s;ely re|quires it: and if they doe it not, they can by no excu&s;e colour their ba&s;ene&s;&s;e. For the Electors Palatines Peers and other Officers of State mu&s;t not thinke they were e&s;tabli&s;hed only to make pom|peous paradoes and &s;howes, when they are at the Coronation of the King, habited in their robes of State, as if there were &s;ome Ma&s;que or Interlude to be repre&s;ented, or as if they were that day to act the parts of <HI>Roland Oliver,</HI> or <HI>Remaldo</HI> and &s;uch other per|&s;onages on a Stage, or to counterfeit and revive the memory of the Knights of the round Table: and after the di&s;mi&s;&s;ing of that dayes a&s;&s;embly, to &s;uppo&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> they have &s;ufficiently acquit them&s;elves of their duty, untill a rece&s;&s;e of the like &s;olemnity. Tho&s;e &s;o|lemne Rites and Ceremonies were not in&s;tituted for vaine o&s;tenta|tion, nor to pa&s;&s;e as in a dumme &s;how to plea&s;e the &s;pectators, nor in childrens &s;ports as it is with <HI>Horace,</HI> to create a King in je&s;t, but tho&s;e Grandees mu&s;t know, that as well for office and duty as for honou<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, they are called to the performance of tho&s;e Rites, and that in them the Common wealth is committed and recommended to the King, as to her &s;upreame and principall tu|tor, and protector, and to them as Coajutors and a&s;&s;i&s;tants to him. And therefore as the Tutors or Guardlans (yea even tho&s;e <NOTE PLACE="marg">Vlp. l. 3. D. de adm. et peric. tut. et curat.</NOTE> that are appointed by way of honour) are cho&s;en to have care of, &amp; ob&s;erve the actions and importments of him which holds the prin|cipall ranke in the tutor-&s;hip, and to looke how he carrieth him|&s;elfe in the admini&s;tration of the goods of his pupill: &s;o likewi&s;e <NOTE PLACE="marg">L. 27. D. cod.</NOTE> are the former ordained to have an eye to the cour&s;es of the King, for with an equivolent authority as the others for the pupill, &s;o are they to hinder and prevent the dammage and detriment of the people, the King being properly reputed as the prime Guardian, and they his Coadjutors.</P>
<P>In like manner as the faults of the principall tutor who mana|ges <NOTE PLACE="marg">L. 14. D. de ad|mini&s;t. ct peric. tut. l. 3. D. de &s;u&s;pec. tut. et cur.</NOTE> the affaires, are ju&s;tly imputed to the coadjoynt<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> in the tutor|&s;hip, if when they ought and might, they did not di&s;cover his errors, and cau&s;e him to be depo&s;ed, e&s;pecially failing in the main
<PB N="122" REF="66"> points of his charge, to wit, in not communicating unto them the affaires of his admini&s;tration, in dealing unfaithfully in his place, in doing any thing to the di&s;honour or detriment of his pupill, in imbe&s;&s;illing of his goods or e&s;tate, or if hee be an enemy to his pupill: briefly, if either in regard of the worthle&s;&s;ene&s;&s;e of his per|&s;on, or weakne&s;&s;e of his judgment, he be unable well to di&s;charge &s;o weighty a charge. So al&s;o are the Peeres and principall Officers of the Kingdome accountable for the government thereof, and mu&s;t both prevent, and if occa&s;ion require, &s;uppre&s;&s;e the tyranny of the Prince, as al&s;o &s;upply with their care and diligence his inabili|ty and weakne&s;&s;e.</P>
<P>Finally, If a Tutor omitting or neglecting to doe all that for his pupill, which a di&s;creet Father of a family would and might con|veniently performe, cannot well be excu&s;ed, and the better ac|quitting him &s;elfe of his charge, hath others as concealers and a&s;|&s;ociates, joyned with him to over&s;ee his actions: with much more rea&s;on may and ought the Officers of the Crown re&s;traine the vio|lent irruptions of that Prince, who in&s;teed of a father, becomes an enemie to his people; &s;eeing to &s;peake properly, they are as well accountable for his actions wherein the publique hath intere&s;ts, as for their owne.</P>
<P>Tho&s;e officers mu&s;t al&s;o remember, that the King holds truly <NOTE PLACE="marg">l. 10. <HI>ct 33. D. de adm. et peric. tutor et Cur.</HI></NOTE> the fir&s;t place in the admini&s;tration of the State, but they the &s;e|cond, and &s;o following according to their ranks; not that they &s;hould follow his cour&s;es, if he tran&s;gre&s;&s;e the lawes of equity and ju&s;tice, not that if he oppre&s;&s;e the Common-wealth, they &s;hould connive to his wickedne&s;&s;e. For the Common-wealth was as well committed to their care as to his, &s;o that it is not &s;ufficient for them to di&s;charge their owne duty in particular, but it behoves them al&s;o to containe the Prince within the limits of rea&s;on. Briefly they have both joyntly and &s;everally promi&s;ed with &s;olemn oaths, to advance and procure the profit of the Common-wealth: al|though then that he for&s;weare him&s;elfe, yet may not they imagine that they are quit of their promi&s;e, no more then the Bi&s;hops, and Patriarks if they &s;uffer an hereticall Pope to ruine the Church: yea they &s;hould e&s;teeme them&s;elves &s;o much the more obliged to the ob&s;erving of their oath: by how much they finde him wilfully di&s;|pos'd to ru&s;h on in his perfidious cour&s;es. But if there be collufion betwixt him and them, they are prevaricators, if they di&s;&s;emble
<PB N="123" REF="66"> they may ju&s;tly be called for&s;akers, and traytors: If they deliver not the Common-wealth from tiranny, they may be truly ranckt in the number of Tyrants: as on the contrary they are protectors, tutors, and in a &s;ort Kings, if they keepe and maintain the State &s;afe and intire, which is al&s;o recommended to their care and cu&s;tody.</P>
<P>Although the&s;e things are &s;ufficiently certain of them&s;elves, yet may they be in &s;ome &s;ort confirmed by examples. The Kings of <HI>Canaan</HI> which pre&s;&s;ed the people of <HI>I&s;rael</HI> with a hard, both corpo|rall and &s;pirituall &s;ervitude (prohibiting them all meetings and u&s;e of armes) were certainly Tyrants by practice, although they had &s;ome pretext of title. For, <HI>Eglon</HI> &amp; <HI>Jabin</HI> had peaceable reigned almo&s;t the &s;pace of twenty yeares, God &s;tirred up extraordinarily <NOTE PLACE="marg">Iudg. 4. &amp; 3.</NOTE> <HI>Ehud,</HI> which by a politique &s;tratagem killed <HI>Eglon,</HI> and <HI>Debora</HI> which overthrew the Armle of <HI>Jabin,</HI> and by this &s;ervice delivered the people from the &s;ervitude of Tirants, not that it was unlawfull for the ordinary Magi&s;trates, the Princes of the Tribes, and &s;uch other Officers to have performed it, for <HI>Debora</HI> doth reprove the &s;luggi&s;h idlene&s;&s;e of &s;ome, and flatly dete&s;ts the di&s;loyalty of other<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> for that they failed to perforforme their duty herein. But it plea|&s;ed God, taking commi&s;eration of the di&s;tre&s;&s;e of his people, in this manner to &s;upply the defects of the ordinary Magi&s;trates.</P>
<P><HI>Reboboam</HI> the &s;onne of <HI>Solomon</HI> refu&s;ed to disburthen the people <NOTE PLACE="marg">1 King. 12. 6, &amp;c.</NOTE> of &s;ome unnece&s;&s;ary impo&s;ts and burthens: and being petitioned by the people in the generall A&s;&s;embly of the States, <HI>he grew in&s;o|lent, and relying on the coun&s;ell of his Minions, arrogantly threatens to lay beavier burthens on them hereafter.</HI> No man can doubt, but that according to the tenour of the contract fir&s;t pa&s;&s;ed betweene the King and the people, the prime and principall Officers of the Kingdome had authority to repre&s;&s;e &s;uch in&s;olence They were on|ly blameable in this, that they did that by faction and divi&s;ion, which &s;hould more properly have beene done in the generall A&s;|&s;embly of the States: in like manner in that they transferred the Scepter from <HI>Juda</HI> (which was by God onely confin'd to that Tribe) into another linage: and al&s;o (as it chances in other af|faires) for that they did ill and di&s;orderly manage a ju&s;t and law|full cau&s;e. Prophane hi&s;tories are full of &s;uch examples in other Kingdomes.</P>
<PB N="128" REF="67">
<P><HI>Brutus</HI> Generall of the Souldiers, and <HI>Lueretius</HI> Governour of the Citie of <HI>Rome,</HI> a&s;&s;emble the people again&s;t <HI>Tarquinius Super|bus,</HI> <NOTE PLACE="marg"><HI>Titus Livi.</HI> lib. 1.</NOTE> and by their authority thru&s;t him from the royall Throne: Nay, which is more, his goods are confi&s;cated: whereby it ap|peares that if <HI>Tarquinius</HI> had beene apprehended, undoubtedly hee &s;hould have beene according to the publique lawes corporally puni&s;hed.</P>
<P>The true cau&s;es why <HI>Tarquinius</HI> was depo&s;ed, were becau&s;e he altered the cu&s;tome whereby the King was obliged to advi&s;e with the Sena<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e on all weighty affaires, that he made Warre and Peace according to his owne fancie, that he treated confederacles with|out demanding coun&s;ell or con&s;ent from the people or Senate: that he violated the Lawes whereof he was made Guardian: briefly that he made no reckoning to ob&s;erve the contracts agreed be|tween the former Kings, and the Nobility and people of <HI>Rome.</HI> For the <HI>Roman</HI> Emperours, I am &s;ure you remember the &s;entence pronounced by the Senate again&s;t <HI>Nero,</HI> wherein he was judged e|nemie to the Common-wealth, and his body condemned to be ignominiou&s;ly ca&s;t on the dung-hill: and that other pronounced again&s;t <HI>Vitellius,</HI> which adjudge him to be &s;hamefully di&s;-mem|bred, and in that mi&s;erable e&s;tate trayled through the Citie, and at la&s;t put to death: another again&s;t <HI>Maximinius</HI> who was di&s;poild of the Empire, and <HI>Maximus</HI> and <HI>Albinus</HI> e&s;tabli&s;hed in his place by the Senace. There might al&s;o be added many others drawne from unque&s;tionable Hi&s;torians.</P>
<P>The Emperour <HI>Trajan</HI> held not him&s;elfe exempt from lawes, neither de&s;ired he to be &s;pared if he became a Tyrant: for in deli|vering the Sword unto the great Provo&s;t of the Empire, he &s;ayes unto him; <HI>If I command as I &s;hould, u&s;e this &s;word for mee: but if I doe otherwayes, un&s;heath it again&s;t me.</HI> In like manner the <HI>French</HI> by the authority of the States, and &s;olicited thereunto by the Offi|cers of the Kingdome, depo&s;ed <HI>Childerick</HI> the fir&s;t, <HI>Sigisbert, Theodoricke,</HI> and <HI>Childericke</HI> the third, for their tyrannies, and cho&s;e others of another Family to &s;it on the Royall Throne. Yea they depo&s;ed &s;ome becau&s;e of their idlene&s;&s;e and want of judgment, who expo&s;ed the State in prey to Panders, Curte&s;ans, Flatte|rers, and &s;uch other unworthy mu&s;hromes of the Court, who go|verned all things at their plea&s;ure: taking from &s;uch ra&s;h <HI>Phaetous</HI> the bridle of government, left the whole body of the State and
<PB N="125" REF="67"> people &s;hould be con&s;umed through their unadvi&s;ed folly.</P>
<P>Among&s;t others, <HI>Theodoret</HI> was degraded becau&s;e of <HI>Ebroinus Dagobert</HI> for <HI>Plectude</HI> and <HI>Thiband</HI> his Pander, with &s;ome others: the E&s;tates e&s;teeming the command of an effeminate Prince as in|&s;upportable as that of a woman, and as unwillingly &s;upporting the yoke of tyrannous Mini&s;ters managing affaires in the name of a loo&s;e and unworthy Prince, as the burden of a tyrant alone. To be briefe, no more &s;uffering them&s;elves to be governed by one po&s;&s;e&s;&s;ed by a Devill, than they would by the Devill him&s;elfe. It is not very long &s;ince the E&s;tates compeld <HI>Lewis</HI> the eleventh (a Prince as &s;ubtile, and it may be as wilfull as any) to receive thirtie &s;ix Over&s;eers, by who&s;e advi&s;e he was bound to governe the af|faires of State. The de&s;cendants from <HI>Charlemaine</HI> &s;ub&s;tituted in the place of the <HI>Merovingiens</HI> for the government of the kingdome, or tho&s;e of <HI>Capet,</HI> &s;upplanting the <HI>Charlemains</HI> by order of the E|&s;tates, and raigning at this day have no other nor better right to the Crowne, than what wee have formerly de&s;cribed; and it hath ever been according to Law permitted the whole body of the peo|ple repre&s;ented by the coun&s;ell of the Kingdome, which are com|monly called the A&s;&s;embly of the States, to depo&s;e and e&s;tabli&s;h Princes, according to the nece&s;&s;ities of the Common-wealth. Ac|cording to the &s;ame rule wee reade that <HI>Adolph</HI> was removed from the Empire of <HI>Germany</HI> Anno 1296. becau&s;e for covetou&s;ne&s;&s;e with|out <NOTE PLACE="marg">Anno 1296.</NOTE> any ju&s;t occa&s;ion, he invaded the Kingdome of <HI>France,</HI> in fa|vour of the <HI>Engli&s;h,</HI> and <HI>Wence&s;laus</HI> was al&s;o depo&s;ed in the yeare of our Lord 1400. Yet were not the&s;e Princes exceeding bad ones, <NOTE PLACE="marg">1400.</NOTE> but of the number of tho&s;e which are accounted le&s;&s;e ill. <HI>Elizabeth</HI> the wife of <HI>Edward</HI> the &s;econd King of <HI>England,</HI> a&s;&s;embled the Par|liament <NOTE PLACE="marg">Froi&s;ard. li. 1. cap. 1.</NOTE> again&s;t her husband, who was there depo&s;ed, both becau&s;e he tyrannized in generall over his Subjects, as al&s;o for that he cut <NOTE PLACE="marg">Reade the manner of the depo&s;ing of <HI>Richard</HI> the &s;econd.</NOTE> off the heads of many noble men, without any ju&s;t or legall pro|ceeding. It is not long &s;ince <HI>Chri&s;tierne</HI> lo&s;t the Crowne of <HI>Den|marke, Henry</HI> that of <HI>Sweden, Mary Steward</HI> that of <HI>Scotland,</HI> for the &s;ame, or neere re&s;embling occa&s;ions: and the mo&s;t worthy Hi|&s;tories relate divers alterations and changes which have hapned in like manner, in the Kingdomes of <HI>Polonia, Hungarie, Spaine, Portu|gall, Bohemia,</HI> and others.</P>
<P>But what &s;hall we &s;ay of the Pope him&s;elfe? It is generally held <NOTE PLACE="marg">Ant: de But. confil quod po|&s;itum e&s;t inter con&s;il. Paul. de Ca&s;tro, vel antiq. nu. 412. incip vi&s;o puncto.</NOTE> that the Cardinalls becau&s;e they doe elect him, or if they fayle in
<PB N="126" REF="68"> their dutie, the Patriarkas which are next in ranke to them, may upon certaine occa&s;ions maugre the Pope, call a Councell, yea, and in it judge him: As when by &s;ome notorious offence he &s;candali|zeth the univer&s;all Church: if he be incorrigible, if reformation be as nece&s;&s;ary in the head as the members, if contrary to his oath he refu&s;e to call a generall Councell. And we reade for certaine that <NOTE PLACE="marg">Mar. Laud<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n&s;. in tract. de Card. 1. l. 2. q. 35. Ph<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">lip. Deci<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">s in quo|dan. co. <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">i<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">o cujus verbs &s;uerunt. Andr. B<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">h. in d. con<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> 1. lib. 1. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word">. 6. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> de major. &amp; obed.</NOTE> divers Popes have been depo&s;ed by generall Councells. But if they ob&s;tinately abu&s;e their authoritie, there mu&s;t (&s;aith <HI>Baldus)</HI> fir&s;t be u&s;ed verball admonitions; &s;econdly, herball medicament<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> or remedies; thirdly, &s;tones or compul&s;ion; for where vertue and faire meanes, have not power to per&s;wade, there force and terror mu&s;t be put in ure to compell. Now if according to the opinions of mo&s;t of the learned, by decrees of Councels, and by cu&s;tome in like occa&s;ions, it plainly appeares that the Councell may depo&s;e the P<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">pe, who notwith&s;tanding vaunts him&s;elfe to be the King of Kings, and as much in dignitie above the Emperour, as the Sunne is above the Moone, a&s;&s;uming to him&s;elfe power to depo&s;e Kings and Emperours when he plea&s;eth. Who will make any doubt o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> que&s;tion, that the generall A&s;&s;embly of the E&s;tates of any kingdome, who are the repre&s;entative body thereof, may not onely degrade and di&s;thronize a tyrant: but al&s;o even di&s;authorize and depo&s;e a King, who&s;e weakne&s;&s;e or folly is hurtfull or pernicious to the State.</P>
<P>But let us &s;uppo&s;e that in this our Ship of State, the Pilot is <NOTE PLACE="marg">Simile.</NOTE> drunke, the mo&s;t of his a&s;&s;ociates are a&s;leepe, or after large and un|rea&s;onable tipling together, they regard their imminent danger in approaching a rocke with idle and negligent jollitie; the Ship in the meane &s;ea&s;on in &s;tead of following her right cour&s;e, that might &s;erve for the be&s;t advantage of the owners profit, is ready rather to &s;plit her &s;elfe. What &s;hould then a Ma&s;ters-mate or &s;ome other under-Officer doe, who is vigilant and carefull to performe his dutie? Shall it be thought &s;ufficient for him to pinch or poule them which are a&s;leepe? without daring in the meane time to put his helping hand to pre&s;erve the Ve&s;&s;ell, which runnes on a cour&s;e to de&s;truction, lea&s;t he &s;hould be thought to intermeddle with that which he hath no authoritie nor warrant to doe? What mad di&s;|cretion, nay rather notorious impietie were this? Seeing then that Tyranny, as <HI>Plato</HI> &s;aith, is a drunken frenfie or frantick drunken|ne&s;&s;e, <NOTE PLACE="marg">Plato lib. 8. &amp; 9. de repub.</NOTE> if the Prince endeavour to ruine the Common-wealth, and
<PB N="127" REF="68"> the principall Officers concurre with him in his bad purpo&s;es, or at the lea&s;t are luld in a dull and drow&s;ie dreame of &s;ecuritie, and the people (being indeed the true and ab&s;olute owner and Lord of the State) be through the pernicious negligence and fraudulent conni|vency of tho&s;e Officers brought to the very brim of danger and de|&s;truction, and that there be notwith&s;tanding among&s;t tho&s;e un|worthy Mini&s;ters of State, &s;ome one that doth &s;tudiou&s;ly ob&s;erve the deceitfull and dangerous encroachments of tyranny, and from his &s;oule dete&s;te it. What oppo&s;ition doe wee &s;uppo&s;e be&s;t befits &s;uch a one to make again&s;t it? Shall he con&s;ent him&s;elfe to admo|ni&s;h his a&s;&s;ociates of their dutie, who to their utmo&s;t abilitie en|deavour the contrary? Be&s;ides, that &s;uch an adverti&s;ement is com|monly accompanied with too much danger, and the condition of the times con&s;idered, the very &s;olliciting of reformation will be held as a capitall crime: &s;o that in &s;o doing he may be not unfit|ly <NOTE PLACE="marg">Simile.</NOTE> re&s;embled to one that being in the midde&s;t of a de&s;ert, environed with theeves, &s;hould neglect all meanes of defence, and after he had ca&s;t away his Armes, in an eloquent and learned di&s;cour&s;e commend ju&s;tice, and extoll the worth and dignitie of the Lawes. This would be truly according to the Proverbe, <HI>To run mad with rea&s;on.</HI> What then? Shall he be dull and deafe to the groanes and cries of the people? Shall he &s;tand &s;till and be &s;ilent when he &s;ees the theeves enter? Shall he onely hold his hands in his bo&s;ome, <NOTE PLACE="marg">L. 3. &amp; l. Omne deli|ctum <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ult. D. de re mi|lit.</NOTE> and with a d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">mure countenance, idlely bowaile the mi&s;erable con|dition of the times? If the Lawes worthily condemne a Souldier, which for feare of the enemies counterfeits &s;ickne&s;&s;e, becau&s;e in &s;o doing he expre&s;&s;eth both di&s;loyaltie and treachery. What puni&s;h|ment can we invent &s;ufficient for him, who either maliciou&s;ly or ba&s;ely betrayes tho&s;e who&s;e protection and defence he hath ab&s;o|lutely undertaken and &s;worne? Nay rather then let &s;uch a one cheerefully call one, and command the Mariners to the perform|ance of their dutie: let him carefully and con&s;tantly take order that the Common-wealth be not indamaged, and if need &s;o require, even in de&s;pite of the King, pre&s;erve the Kingdome, without which the kingly title were idle and frivolous, and if by no other meanes it can be effected, let him take the King and binde him hand and foote, that &s;o he may be more conveniently cured of his fren&s;ie and madne&s;&s;e. For as wee have already &s;aid, all the admini&s;tration of the Kingdome, is not by the people ab&s;olutely re&s;igned into the
<PB N="128" REF="69"> hands of the King; as neither the Bi&s;hopricke, nor care of the uni|ver&s;all <NOTE PLACE="marg">C. Nullus in Carthagin. Council. Docto|res pontificii.</NOTE> Church, is totally committed to the Pope: but al&s;o to the care and cu&s;tody of all the principall Officers of the Kingdome. Now for the pre&s;erving of peace and concord among&s;t tho&s;e which governe, and for the preventing of jealou&s;<GAP DESC="illegible" EXTENT="2 letters">s, factions, and di&s;tru&s;ts among&s;t men of equall ranke and dignitie, the King was created as prime and principall Superintendent in the government of the Common-wealth. The King &s;weares that his mo&s;t &s;peciall care &s;hall be for the welfare of the Kingdome; and the Officers of the Crowne take all the &s;ame oath. If then the King, or divers of them fal&s;ifying their faith, ruine the Common-wealth, or abandon her in her greate&s;t nece&s;&s;itie, mu&s;t the re&s;t al&s;o fa&s;hion them&s;elves to their ba&s;e cour&s;es, and quit all care of the States &s;afetie; as if the bad example of their companions, ab&s;olved them from their oath of fidelitie? Nay, rather on the contrary, in &s;eeing them neglect their promi&s;e, they &s;hall be&s;t advantage the Common-wealth In carefully ob&s;erving theirs: chiefly becau&s;e for this rea&s;on they were in&s;tituted, as in the &s;teads of <HI>Ephori,</HI> or publick Controllers, and for that every thing gaines the better e&s;timation of ju&s;t and right in that it is mainly and principally addre&s;&s;ed to that end for which is was fir&s;t ordained.</P>
<P>Furthermore, if divers have joyntly vowed one and the &s;ame thing, is the obligation of the one annihilated by the perjurie of the other? If many become bound for one and the &s;ame &s;umme, can the banquerouting of one of the obligees quit the re&s;t of their ingagement? If divers tutors admini&s;ter ill the goods of their pu|pill, and that there be one among&s;t them that makes con&s;cience of his actions, can the bad dealing of his companions acquit him? Nay rather on the contrary, he cannot free him&s;elfe from the in|famie of perjurie, if to the utmo&s;t of his power he doe not truely dilcharge his tru&s;t, and perform his promi&s;e: neither can the others defalliancy be excu&s;ed, in the bad managing of the tutor&s;hip, if they likewi&s;e accu&s;e not the re&s;t that were joyned with them in the admini&s;tration, for it is not onely the principall tutor that may call to an account tho&s;e which are &s;u&s;pected to have unju&s;t|ly <NOTE PLACE="marg">L 3. D. de administ. &amp; peric. tutor. &amp; cur. lib. 3. D. de &s;u&s;pect. tus. &amp; cura.</NOTE> or indi&s;creetly ordered the affaires of their pupill, but even tho&s;e which were formerly removed, may al&s;o upon ju&s;t occa&s;i|on di&s;charge and remove the delinquents therein. Therefore tho&s;e which are obliged to &s;erve a whole Empire or Kingdome, as the
<PB N="129" REF="69"> Con&s;table, Mar&s;hals, Peeres, and others, or tho&s;e which have par|ticular obligations to &s;ome Provinces, or Cities, which make a part or portion of the Kingdome, as Dukes, Marqui&s;&s;es, Earles, Sheriffes, Mayors, and the re&s;t, are bound by the dutie of their place, to &s;uccour the Common-wealth, and to free it from the burden of Tyrants, according to the ranke and place which they hold of the people next after the King. The fir&s;t ought to deliver the whole Kingdome from tyrannous oppre&s;&s;ion: the other as tu|tors, that part of the Kingdome who&s;e protection they have un|dertaken: the dutie of the former is to &s;uppre&s;&s;e the Tyrant: that of the latter, to drive him from their confines. Wherefore <HI>Mat|tathias</HI> being a principall man in the State, when &s;ome ba&s;ely connived, others pernitiou&s;ly con&s;orted with <HI>Antiochus</HI> the ty|rannous oppre&s;&s;ors of the Jewi&s;h Kingdome, he couragiou&s;ly op|po&s;ing the manife&s;t oppre&s;&s;ion, both of Church and State, in|courageth <NOTE PLACE="marg">1 Machab. 3. 43.</NOTE> the people to the taking of Armes, with the&s;e words; <HI>Let us re&s;tore the decayed e&s;tate of our people, and let us fight for our people, and for the Sanctuarie.</HI> Whereby it plainly appeares, that not for Religion onely; but even for our Countrey, and our po&s;|&s;e&s;&s;ions, wee may fight, and take armes again&s;t a tyrant, as this <HI>Antiochus</HI> was. For the <HI>Machabites</HI> are not by any que&s;tioned, or reprehended for conquering the Kingdome, and expelling the tyrant, but in that they attributed to them&s;elves the royall digni|tie, which onely belonged by Gods &s;peciall appointment to the tribe of <HI>Juda.</HI></P>
<P>Humane Hi&s;tories are frequently &s;tored with examples of this <NOTE PLACE="marg">Ju&s;tin. lib. 1. Diodor. lib. 2. cap. 37.</NOTE> kinde. <HI>Arbactus</HI> Governour of the <HI>Medes</HI> killed effeminate <HI>Sar|danapalus,</HI> &s;pinning among&s;t women, and &s;portingly di&s;tributing all the trea&s;ures of the Kingdome among&s;t tho&s;e his loo&s;e com|panions. <HI>Vindex</HI> and <HI>Galba</HI> quit the partie of <HI>Nero,</HI> yea though the Senate connived, and in a &s;ort &s;upported his tyrannie, and drew with them <HI>Gallia,</HI> and <HI>Spaine,</HI> being the Provinces whereof they were Governours.</P>
<P>But among&s;t all, the Decree of the Senate of <HI>Sparta</HI> is mo&s;t no|table, and ought to pa&s;&s;e as an undeniable Maxime among&s;t all Nations. The <HI>Spartans</HI> being Lords of the City <HI>Bizantium,</HI> &s;ent <HI>Olearchus</HI> thither for Governour and Commander for the warres; who took Corn from the Citizens, and di&s;tributed it to his Soul|diers. In the mean time the families of the Citizens died for hun|ger:
<PB N="130" REF="70"> <HI>Anaxilaus,</HI> a principall man of the Citie, di&s;daining that tyrannous u&s;age, entred into treaty with <HI>Alcibiades</HI> to deliver up the Town, who &s;hortly after was received into it. <HI>Anaxi|laus</HI> being accu&s;ed at <HI>Sparta</HI> for the delivery of <HI>Bizantium,</HI> pleaded his cau&s;e him&s;elfe, and was there acquit by the Judges: for (&s;aid they) warres are to be made with enemies, and not with Nature. Nothing being more repugnant to Nature, than that tho&s;e which are bound to defend a City, &s;hould be more cruell to the inhabi|tants, than their enemies that be&s;iege them.</P>
<P>This was the opinion of the <HI>Lacedemonians,</HI> certainly ju&s;t Ru|lers, Neither can he be accounted a ju&s;t King, which approves not this &s;entence of ab&s;olution: for tho&s;e which de&s;ire to go|vern according to the due proportion of equity and rea&s;on, take into con&s;ideration as well what the Law inflicts on tyrants, as al|&s;o what are the proper rights and bounds both of the Patritian and Plebeian orders. But we mu&s;t yet proceed a little further: There is not &s;o mean a Mariner, but mu&s;t be ready to prevent the &s;hip-wrack of the ve&s;&s;ell, when either the negligence or wil&s;ul|ne&s;&s;e of the Pilot ca&s;ts it into danger. Every Magi&s;trate is bound to relieve, and as much as in him lies, to redre&s;&s;e the mi&s;eries of the Common-wealth, if he &s;hall &s;ee the Prince, or the principall Officers of State his a&s;&s;ociates, by their weakne&s;&s;e or wickedne&s;&s;e, to hazard the ruine thereof. Briefly, he mu&s;t either free the whole kingdome, or at lea&s;t that portion e&s;pecially recommen|ded to his care, from their imminent and incroaching tyranny. But hath this duty proper relation to every one: Shall it be per|mitted to <HI>Hendonius Sabinus, to Ennus Suranus,</HI> or to the Fencer <HI>Spartanus;</HI> or to be briefe, to a meere private per&s;on, to pre&s;ent the bonnet to &s;laves, put Armes into the hand of &s;ubjects, or to joyn battell with the prince, although he oppre&s;&s;e the people with tyranny? No certainly: The Common wealth was not given in charge to particular per&s;ons con&s;idered one by one; but on the contrary, particulars even as Papi&s;ts, are recommended to the care of the principall Officers and Magi&s;trates; and therefore they are not bound to defend the Common-wealth, which cannot defend them&s;elves. God nor the people have not put the &s;word into the <NOTE PLACE="marg">L. 2. de Sedi|<GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">&s;is.</NOTE> hands of particular per&s;ons: Therefore if without command|ment they draw the &s;word, they are &s;editions, although the cau&s;e &s;eem never &s;o ju&s;t.</P>
<PB N="131" REF="70">
<P>Furthermore, the prince is not e&s;tabli&s;ht by private and parti|cular per&s;ons, but by all in generall con&s;idered in one intire bo|dy; whereupon it followes, that they are bound to attend the commandment of all, to wit, of tho&s;e which are the repre&s;enta|tive body of a kingdom, or of a Province, or of a Citie, or at the lea&s;t of &s;ome one of them, before they undertake any thing again&s;t the prince. For as a pupill cannot bring an action, but being a|vowd <NOTE PLACE="marg">L. 8. l. 9. D. de aucto. &amp; con&s;|tict. &amp; cur.</NOTE> in the name of his Tutor, although the pupill be indeed the true proprietor of the e&s;tate, and the tutor onely owner with reference to the charge committed unto him: &s;o likewi&s;e the people may not enterpri&s;e actions of &s;uch nature, but by the command of tho&s;e, into who&s;e hands they have refigned their power and authority, whether they be ordinary Magi&s;trates, or extraordinary, created in the A&s;&s;embly of the E&s;tates; whom, if I may &s;o &s;ay, for that purpo&s;e, they have girded with their &s;word, and inve&s;ted with authority, both to govern and defend them, e&s;tabli&s;ht in the &s;ame kind as the Pretor at <HI>Rome,</HI> who determi|ned <NOTE PLACE="marg">Sencea lib. 1. de Benefic.</NOTE> all differences between ma&s;ters and their &s;ervants, to the end that if any controver&s;ie happened between the King and the &s;ub|jects, they &s;hould be Judges and pre&s;ervers of the right, le&s;t the &s;ubjects &s;hould a&s;&s;ume power to them&s;elves to be judges in their own cau&s;es. And therefore if they were oppre&s;t with tributes, and unrea&s;onable impo&s;ts, if any thing were attempted contrary to covenant and oath, and no Magi&s;trate oppo&s;ed tho&s;e unju&s;t pro|ceedings, they mu&s;t re&s;t quiet, and &s;uppo&s;e that many times the be&s;t Phy&s;itians both to prevent and cure &s;ome grievous di&s;ea&s;e, do appoint both letting blood, evacuation of humors, &amp; lancing of the fle&s;h; and that the affaires of this world are of that nature, that with much difficulty one evill cannot be remedied with|out the adventuring if not the &s;uffering of another, nor any good be atchieved, without great pains. They have the example of the people of <HI>I&s;rael,</HI> who during the reigne of <HI>Solomon,</HI> refu&s;ed not to pay tho&s;e exce&s;&s;ive taxes impo&s;ed on them, both for the build|ing of the Temple, and fortifying of the Kingdome, becau&s;e by a generall con&s;ent they were granted for the promulgation of the glory of God, and for an ornament and de&s;ence of the publick State.</P>
<P>They have al&s;o the example of our Lord and Saviour Je&s;us Chri&s;t, who though he were King of Kings, notwith&s;tanding
<PB N="132" REF="71"> becau&s;e he conver&s;ed in this world in another quality, to wit, o a private and particular man, paid willingly tribute. If the Ma|gi&s;trates them&s;elves manife&s;tly favour the tyranny, or at the lea&s;t doe not formally oppo&s;e it; let private men remember the &s;aying of <HI>Job, That for the &s;innes of the people God permits by|pocrites</HI> <NOTE PLACE="marg">Iob. 34.</NOTE> <HI>to reigne,</HI> whom it is impo&s;&s;ible either to convert or &s;ub|vert, if men repent not of their wayes, to walk in obedience to Gods commandments; &s;o that there is no other weapons to be u|&s;ed, but bended knees and humble hearts. Briefly, let them bear with bad princes, and pray for better, per&s;wading them&s;elves, that an outragious tyranny is to be &s;upported as patiently, as &s;ome exceeding dammage done by the violence of tempe&s;ts, or &s;ome exce&s;&s;ive over-flowing waters, or &s;ome &s;uch naturall ac|cidents unto the fruits of the earth, if they like not better to change their habitations, by retiring them&s;elves into &s;ome o|ther countries. So <HI>David</HI> fled into the mountaines, and at|tempted nothing again&s;t the Tyrant <HI>Saul,</HI> becau&s;e the people had not declared him any publick Magi&s;trate of the King|dome.</P>
<P>Je&s;us Chri&s;t, who&s;e kingdome was not of this world, fled into Egypt, and &s;o freed him&s;elfe from the pawes of the Tyrant. Saint <HI>Paul</HI> teaching of the duty of particular Chri&s;tian men, and not <NOTE PLACE="marg">Rom. 13.</NOTE> of Magi&s;trates, teacheth that <HI>Nero</HI> mu&s;t be obeyed. But if all the principall Officers of State, or divers of them, or but one, endeavour to &s;uppre&s;&s;e a manife&s;t tyranny, or if a Magi&s;trate &s;eek to free that province, or portion of the kingdome from op|pre&s;&s;ion, which is committed to his care and cu&s;tody, provided under colour of freedome he bring not in a new tyranny, then mu&s;t all men with joynt courage and alacrity, run to Armes, and take part with him or them, and a&s;&s;i&s;t with body and goods, as if God him&s;elfe from heaven had proclaimed warres, and meant to joyn battell again&s;t tyrants, and by all wayes and means endevour to deliver their Coun<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">rey and Common-wealth from their ty|rannous oppre&s;&s;ion. For as God doth oftentimes cha&s;ti&s;e a peo|ple by the cruelty of tyrants: &s;o al&s;o doth he many times puni&s;h tyrants by the hands of the people. It being a mo&s;t true &s;aying, <NOTE PLACE="marg">Ecclus 10.</NOTE> verified in all ages: <HI>For the iniquities, violences, and wickedne&s;&s;es of Princes, Kingdomes are tran&s;lated from one Nation to another: but ty|ranny was never of any durable continuance.</HI></P>
<PB N="133" REF="71">
<P>The <HI>Centurians</HI> and men at armes did freely and couragiou&s;ly execute the commandments of the High Prie&s;t <HI>Jehoiada,</HI> in &s;uppre&s;|&s;ing the tyranny of <HI>Athalia.</HI> In like manner all the faithfull and ge|nerous <HI>I&s;raelites</HI> tooke part and joyned with the <HI>Machabites,</HI> as well to re-e&s;tabli&s;h the true &s;ervice of God, as al&s;o to free and de|liver the State from the wicked and unju&s;t oppre&s;&s;ion of <HI>Antiochus,</HI> and God ble&s;&s;ed with happy &s;ucce&s;&s;e their ju&s;t and commendable enterprize. What then? cannot God when he plea&s;eth &s;tirre up particular and private per&s;ons to ruine a mighty and powerfull ty|ranny? Hee that gives power and ability to &s;ome even out of the du&s;t without any title or colourable pretext of lawfull authority to ri&s;e to the height of rule and dominion, and in it tyrannize and afflict the people for their tran&s;gre&s;&s;ions? cannot he al&s;o even from the meane&s;t multitude rai&s;e a liberator? Hee which enthral'd and &s;ubjected the people of <HI>I&s;rael</HI> to <HI>Jabin,</HI> and to <HI>Eglon,</HI> did hee not deliver &amp; enfranchi&s;e them by the hand of <HI>Ebud, Barac</HI> and <HI>Debora,</HI> whil&s;t the Magi&s;trates &amp; Officers were dead in a dul &amp; negligent ex|ta&s;ie of &s;ecurity? What then &s;hall hinder, you may &s;ay the &s;ame God who in the&s;e dayes &s;ends us Tyrants to correct us, that he may not al&s;o extraordinarily &s;end correctors of tyrants to deliver us? What if <HI>Adab</HI> cut off good men, if <HI>Jezabel</HI> &s;ubborn fal&s;e witne&s;&s;es again&s;t <HI>Naboth,</HI> may not a <HI>Jehu</HI> be rais'd to exterminate the whole line of <HI>Arab,</HI> to revenge the death of <HI>Naboth,</HI> and <HI>to ca&s;t the body of</HI> Je|zabel <HI>to be torne and devoured of dogs?</HI> Certainly as I have formerly an&s;wered, the Almighty is ever mindfull of his ju&s;tice, and main|tains it as inviolably as his mercy.</P>
<P>But for as much as in the&s;e latter times, tho&s;e miraculous te&s;ti|monies by which God was wont to confirme the extraordinary vocation of tho&s;e famous Worthies, are now wanting for the mo&s;t part: let the people be advis'd, that in &s;eeking to cro&s;&s;e the Sea dry foote, they take not &s;ome <HI>Impo&s;tor</HI> for their guide, that may lead them head-long to de&s;truction (as we may read happened to the <HI>Jewes:)</HI> and that in &s;eeking freedome from tyranny, he that was the principall in&s;trument to di&s;-inthrall them, became not him|&s;elfe a more in&s;upportable Tyrant than the former: briefly, le&s;t en|deavouring to advantage the Common-wealth, they introduce not a common mi&s;ery upon all the undertakers, participating therein with divers States of <HI>Italy,</HI> who &s;eeking to &s;uppre&s;&s;e the pre&s;ent evill, added an acce&s;&s;ion of greater, and more intollerable &s;ervitude.</P>
<PB N="134" REF="72">
<P>Finally, that we may come to &s;ome period of this third que&s;ti|on; Princes are cho&s;en by God, and e&s;tabli&s;ht by the people: As all particulars con&s;idered one by one are inferiour to the Prince: &s;o the whole body of the people and Officers of State which repre|&s;ent that body, are the Princes &s;uperiours. In the receiving and inauguration of a Prince, there are Covenants and contracts pa&s;|&s;ed between him and the people, which are tacite and expre&s;&s;ed, na|turall or civill: to wit, to obey him faithfully whil&s;t he commands ju&s;tly, that he &s;erving the Common-wealth, all men &s;hal &s;erve him, that whil&s;t he governs according to law, all &s;hall be &s;ubmitted to his government, &amp;c. The Officers of the Kingdome are the Guardians and Protectors of the&s;e Covenants and contracts. He that maliciou&s;ly or wilfully violates the&s;e conditions, is que&s;tion|le&s;&s;e a Tyrant by practice. And therefore the Officers of State may judge him according to the lawes: and if he &s;upport his tyranny by &s;trong hands, their duty bindes them, when by no other meanes it can be effected, by force of armes to &s;uppre&s;&s;e him.</P>
<P>Of the&s;e Officers there be two kindes, tho&s;e which have gene|rally undertaken the protection of the Kingdome: as the Con&s;ta|ble, Mar&s;halls, Peers, Palatines, and the re&s;t, every one of which, although all the re&s;t doe either connive or con&s;ort with the tyran|ny, are bound to oppo&s;e and repre&s;&s;e the Tyrant: and tho&s;e which have undertaken the government of any Province, Citie, or part of the Kingdome, as Dukes, Marque&s;&s;es, Earles, Con&s;uls, Ma|yors, Sheriffes, &amp;c. they may according to right expell and drive tyranny and Tyrants from their Cities, Confines, and govern|ments.</P>
<P>But particular and private per&s;ons may not un&s;heath the &s;word again&s;t Tyrants by practi&s;e, becau&s;e they were not e&s;tabli&s;ht by particulars, but by the whole body of the people. But for Tyrants which without title intrude them&s;elves for &s;o much as there is no contract or agreement betweene them and the people, it is indif|ferently permitted all to oppo&s;e and depo&s;e them; and in this rank of Tyrants may tho&s;e be rang'd, who, abu&s;ing the weakene&s;&s;e and &s;loath of a lawfull Prince, tyrannou&s;ly in&s;ult over his Subjects. Thus much for this, to which for a more full re&s;olution may be added that which hath beene formerly di&s;cour&s;ed in the &s;econd que&s;tion.</P>
</DIV3>
</DIV2>
<DIV2 N="4" TYPE="section">
<PB N="135" REF="72">
<HEAD>The fourth que&s;tion. <HI>Whether neighbour Princes may, or are bound by law to aide the Subjects of other Princes, pea&s;ecuted for true Religi|on, or oppre&s;&s;ed by manife&s;t tyranny.</HI></HEAD>
<P>VVEe have yet one other que&s;tion to treat of, in the di&s;cu&s;|&s;ing whereof there is more u&s;e of an equitable judge|ment then of animble apprehen&s;ion: and if charity were but in a|ny rea&s;onable proportion prevalent among&s;t the men of this age, the di&s;putation thereof were altogether frivolous: but &s;eeing no|thing in the&s;e dayes is more rare nor le&s;&s;e e&s;teemed than charity; we will &s;peak &s;ome-what of this our que&s;tion. We have already &s;ufficiently proved that all Tyrants, whether tho&s;e that &s;eeke to captivate the minds and &s;oules of the people with an erroneous and &s;uper&s;titious opinion in matter of Religion, or tho&s;e that would enthrall their bodies and e&s;tates with mi&s;erable &s;ervitude and exce&s;|&s;ive impo&s;itions, may ju&s;tly by the people be both &s;uppre&s;t and ex|pul&s;t. But for &s;o much as Tyrants are for the mo&s;t part &s;o cun|ning, and Subjects &s;eldome &s;o caucelous, that the di&s;ea&s;e is hardly known, or at the lea&s;t not carefully ob&s;erved before the remedy prove almo&s;t de&s;perate, nor thinke of their owne defence before they are brought to tho&s;e &s;traights: that they are unable to defend them&s;elves, but compeld to implore the a&s;&s;i&s;tance of others: Our demand therefore is, if Chri&s;tian Princes lawfully may and ought to &s;uccour tho&s;e Subjects which are afflicted for true Religion, or oppre&s;t by unju&s;t &s;ervitude, and who&s;e &s;ufferings are either for the kingdome of Chri&s;t, or for the liberty of their own &s;tate? There are many, which hoping to advance their owne ends, and encroach on others rights, that will readily embrace the part of the afflicted, and proclaime the lawfulne&s;&s;e of it: but the hope of gaine is the certaine and only aime of their purpo&s;es: And in this manner the <HI>Romans, Alexander</HI> the great, and divers others, preten|ding to &s;uppre&s;&s;e Tyrants, have oftentimes enlarged their own li|mits. It is not long &s;in<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">, we &s;aw King <HI>Henry</HI> the Second make Wars on the Emperour <HI>Charles</HI> the Fifth, under colour of defen|ding and delivering the Prote&s;tant Princes. As al&s;o <HI>Henry</HI> the
<PB N="136" REF="73"> Eighth King of <HI>England</HI> was in like manner ready to a&s;&s;i&s;t the <HI>Ger|mans,</HI> if the Emperour <HI>Charles</HI> &s;hould mole&s;t them. But if there be &s;ome appearance of danger, and little expectance of profit, then it is that mo&s;t Princes doe vehemently di&s;pute the lawfulne&s;&s;e of the action. And as the former cover their ambition and ava|rice with the vaile of charity and piety: &s;o on the contrary doe the other call their feare and cowardly ba&s;ene&s;&s;e integrity and ju&s;tice, although that piety (which is ever carefull of anothers good) love no part in the coun&s;els of the fir&s;t: nor ju&s;tice (which affectionately de&s;ires the ea&s;ing of a neighbours griefe) in cooling the charitable intendments of the later. Therefore without learning either to the one &s;ide or the other, let us follow tho&s;e rules which piety and ju|&s;tice trace us out in matter of Religion.</P>
<P>Fir&s;t, All accord in this, <HI>That there is one only Church, whereof Je&s;us Chri&s;t is the head,</HI> the members whereof are &s;o united and conjoyn'd together, that if the lea&s;t of them be offended or wrongd, they all participate both in the harme and &s;orrow, as throughout holy Scripture plainly appeares. Wherefore the Church is com|pared to a body: Now it oftentimes happens that the body is not only overthrown by a wound in the arme, or thigh, but even al&s;o much endangered, yea and &s;ometimes kill'd by a &s;mall hurt in the little finger. Vainly therefore doth any man vaunt that this body is recommended to his care and cu&s;tody, if he &s;uffer that to be di&s;|membred and puld in pieces which he might have pre&s;erved whole and intire. The Church is compared to an edifice: on which &s;ide &s;oever the building is undermin'd, it many times chances that the whole tumbles downe, and on what rafter or piece of timber &s;oe|ver the flame takes hold, it indangers the whole hou&s;e of burning, he mu&s;t needs be therefore worthy of &s;come who &s;hould deferre to quench the fire which had cautht his hou&s;e top, becau&s;e he dwels mo&s;t in the Cellar: would not all hold him for a mad man which &s;hould neglect by countermining to fru&s;trate a myne, becau&s;e it was intended to overthrow that wall there, and not this here.</P>
<P>Againe, the Church is re&s;embled to a &s;hip, which as it &s;ailes together, &s;o doth it &s;inke together: in&s;omuch that in a tempe&s;t, tho&s;e which be in the fore-ca&s;t, or in the keele, are no more &s;e|cure than tho&s;e which remaine at the &s;t<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">n or on the decke: &s;o that the proverb commonly &s;aies, when men runne the like hazard in matter of danger, that they venture both in, one bottome. This
<PB N="137" REF="73"> being granted, que&s;tionle&s;&s;e who&s;oever hath not a fellow-feeling in commi&s;erating the trouble, danger &amp; di&s;tre&s;&s;e of the Church, is no member of that bodie, nor dome&s;tick in the family of Je&s;us Chri&s;t, nor hath any place in the Ark of the covenant of grace. He w^c^h hath any &s;en&s;e of Religion in his heart ought no more to doubt whether he be oblig'd to aid the afflicted members of the Church, than he would be a&s;&s;i&s;ted to him&s;elfe in the like di&s;tre&s;&s;e: for the union of the Church unites us all into one bodie, and therefore every one in his calling mu&s;t be ready to a&s;&s;i&s;t the needy, and &s;o much the more willingly, by how much the Almighty hath be&s;towed a grea|ter portion of his ble&s;&s;ings on us: which were not conferr'd, that we &s;hould be made po&s;&s;e&s;&s;ors of them, but that we &s;hould be di&s;|pen&s;ers thereof according to the nece&s;&s;ity of his Saints.</P>
<P>As this Church is one, &s;o is &s;hee recommended, and given in charge to all Chri&s;tian Princes in generall, and to every one of them in particular: For &s;o much as it was dangerous to leave the care to one alone, and the unity of it would not by any meanes permit, that &s;he &s;hould be divided into pieces, and every portion a&s;&s;ign'd unto one particular: God hath committed it all intire to particulars, and all the parts of it to all in generall, not only to pre&s;erve and defend it, but al&s;o to amplifie and encrea&s;e it as much as might be. In&s;omuch that if a Prince which hath undertaken the care of a portion of the Church, as that of <HI>Germany</HI> and <HI>England,</HI> and notwith&s;tanding neglect and for&s;ake another part that is op|pre&s;&s;ed, and which he might &s;uccour, he doubtle&s;&s;e abandons the Church, Chri&s;t having but one only Spou&s;e, which the Prince is &s;o bound to pre&s;erve and defend that &s;he be not violated or corrup|ted in any part if it be po&s;&s;ible. And in the &s;ame manner as every private per&s;on is bound by his humble and ardent prayers to God to de&s;ire the re&s;toring of the Church: So likewi&s;e are the Magi|&s;trates tied diligently to procure the &s;ame with the utmo&s;t of their power and meanes which God hath put into their hands. For the Church of <HI>Ephe&s;us</HI> is no other than that of <HI>Colo&s;&s;us:</HI> but the&s;e two are portions of the univer&s;all Church, which is the kingdome of Chri&s;t, the encrea&s;e and pro&s;perity whereof ought to be the con|tinuall &s;ubject of all private mens prayers and de&s;ires; but it is the duty of all Kings, Princes, and Magi&s;trates, not only to amplifie and extend the limits and bounds of the Church in all places, but only to pre&s;erve and defend it again&s;t all men what&s;oever. Where|fore
<PB N="138" REF="74"> there was but one Temple in <HI>Judea</HI> built by <HI>Solomon,</HI> which re|pre&s;ented the unitie of the Church. And therefore ridiculous and worthy of puni&s;hment were that Church-warden which had care onely of &s;ome &s;mall part of the Church, and &s;uffered all the re&s;t to be &s;poiled with raine and weather. In like manner, all Chri&s;tian Kings when they receive the &s;word on the day of their Coronati|on, &s;olemnly &s;weare to maintaine the Catholick or univer&s;all Church, and the ceremony then u&s;ed doth fully expre&s;&s;e it, for holding the &s;word in their hands, they turne to the Ea&s;t, We&s;t, North, and South, and brandi&s;h it, to the end that it may be knowne that no part of the world is excepted. As by this ceremo|ny they a&s;&s;ume the protection of the Church, it mu&s;t be que&s;tion|le&s;&s;e under&s;tood of the true Church, and not of the fal&s;e: therefore ought they to imploy the utmo&s;t of their abilitie to reforme and wholly to re&s;tore that which they hold to be the pure and truely Chri&s;tian Church, to wit, ordered and governed according to the direction of the Word of God. That this was the practi&s;e of god|ly Princes, we have their examples to in&s;truct us. In the time of <HI>Ezechias</HI> King of <HI>Juda,</HI> the Kingdome of <HI>I&s;rael</HI> had been a long time <NOTE PLACE="marg">2 Chron 30.</NOTE> before in &s;ubjection to the <HI>A&s;&s;yrians,</HI> to wit, ever &s;ince the King <HI>O&s;ea</HI> his time; And therefore if the Church of <HI>Juda</HI> onely, and not the whole univer&s;all Church had been committed to the cu&s;todie of <HI>Exechias:</HI> and if in the pre&s;ervation of the Church the &s;ame cour&s;e were to be held, as in the dividing of lands, and impo&s;ing of tri|butes, then que&s;tionle&s;&s;e <HI>Ezechias</HI> would have contained him&s;elfe within his own limits, e&s;pecially then when the exorbitant power of the <HI>A&s;&s;yrians</HI> lorded it every where. Now wee reade that he &s;ent expre&s;&s;e Me&s;&s;engers throughout <HI>I&s;rael,</HI> to wit, to the &s;ubjects of the King of <HI>A&s;&s;yria,</HI> to invite them to come to <HI>Jeru&s;alem</HI> to cele|brate the pa&s;chall fea&s;t: yea and he ayded the faithfull <HI>I&s;raelites</HI> of the tribes of <HI>Ephraim</HI> and <HI>Mana&s;&s;es,</HI> and others the &s;ubjects of the <HI>A&s;&s;yrians,</HI> to ruine the high places which were in their quarters.</P>
<P>Wee reade al&s;o that the good King <HI>Jo&s;ias</HI> expeld Idolatry, no<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <NOTE PLACE="marg">2 Kings 22. 2 Chron. 34. &amp; 35.</NOTE> onely out of his own Kingdome, but al&s;o even out of the Kingdome of <HI>I&s;rael,</HI> which was then wholly in &s;ubjection to the King of <HI>A&s;&s;y|ria.</HI> And no marvell, for where the glory of God, and the kingdome of Chri&s;t are in que&s;tion, there no bounds or limits can confine the zeale and fervent affection of pious and godly Princes. Though the oppo&s;ition be great, and the power of the oppo&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">rs greater, yet
<PB N="139" REF="74"> the more they feare God, the le&s;&s;e they will feare men. The&s;e gene|rous examples of divers godly Princes have &s;ince been imitated by &s;undry Chri&s;tian Kings, by who&s;e meanes the Church (which was heretofore re&s;trained within the narrow limits of <HI>Pale&s;tine)</HI> hath been &s;ince dilated throughout the univer&s;all world. <HI>Con&s;tantine</HI> and <HI>Licinius</HI> governed the Empire together, the one in the Orient, the other in the Occident, they were a&s;&s;ociates of equall power and authoritie. And among&s;t equalls, as the Proverb is, there is no <NOTE PLACE="marg">Par in parem non babet im|perium.</NOTE> command. Notwith&s;tanding, becau&s;e <HI>Licinius</HI> doth every where bani&s;h, torment, and put to death the Chri&s;tians, and among&s;t them divers of the nobilitie, and that for and under pretence of Religion. <HI>Con&s;tantine</HI> makes warre again&s;t him, and by force com|pels him to give free libertie of Religion to the Chri&s;tians, and becau&s;e he broke his faith and relap&s;ed into his former cruelties, he cau&s;ed him to be apprehended and put to death in the Citie of <HI>The&s;&s;alonica.</HI> This Emperours pietie was with &s;o great an applau&s;e celebrated by the Divines of tho&s;e times, that they &s;uppo&s;e that &s;aying in the Prophet <HI>I&s;aiah,</HI> to be meant by him; <HI>That Kings &s;hall be Pa&s;tors and nur&s;ing Fathers of the Church.</HI> After his death the <HI>Ro|man</HI> Empire was divided equally between his &s;onnes, without ad|vantaging the one more than the other. <HI>Con&s;tans</HI> favoured the or|thodox Chri&s;tians, <HI>Con&s;tantius</HI> being the elder, learned to the <HI>Arri|ans,</HI> and for that cau&s;e bani&s;hed the learned <HI>Athana&s;ius</HI> from <HI>Alex|andria;</HI> the greate&s;t profe&s;&s;ed adver&s;ary of the <HI>Arrians.</HI> Certianly, if any con&s;ideration in matter of confines be ab&s;olutely requi&s;ite, it mu&s;t needs be among&s;t brethren. And notwith&s;tanding <HI>Con&s;tant</HI> threatens to warre on his brother, if he re&s;tore not <HI>Athana&s;ius,</HI> and had without doubt performed it, if the other had long de&s;er|red the accompli&s;hment of his de&s;ire. And if he proceeded &s;o farre for the re&s;titution of one Bi&s;hop: had it not been much more likely and rea&s;onable, for him to have a&s;&s;i&s;ted a good part of the people, if they implored his ayde again&s;t the tyranny of tho&s;e that refu&s;ed them the exerci&s;e of their Religion, under the authoritie of their Magi&s;trates and Governours? So at the per&s;wa&s;ion of <HI>Atticus</HI> the <NOTE PLACE="marg">Sozo. lib. 7. cap. 18.</NOTE> Bi&s;hop, <HI>Theodi&s;ius</HI> made warre on <HI>Co&s;roes</HI> King of <HI>Per&s;ia</HI> to deliver the Chri&s;tians of his Kingdome from per&s;ecution, although they were but particular and private per&s;ons. Which certainly tho&s;e mo&s;t ju&s;t Princes, who in&s;tituted &s;o many worthy Lawes, and had &s;o great and &s;peciall care of ju&s;tice, would not have done, if by that
<PB N="140" REF="75"> fact they had &s;uppo&s;ed any thing were u&s;urpt on another mans right, o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">he Law of Nations violated. But to what end were &s;o many expeditions undertaken by Chri&s;tian Princes into the holy Land again&s;t the <HI>Saracens?</HI> Wherefore were demanded and rai&s;ed &s;o many of tho&s;e Saladine tenths? To what purpo&s;e were &s;o many confederacies made, and croy&s;adoes proclaimed again&s;t the <HI>Turkes,</HI> if it were not lawfull for Chri&s;tian Princes, yea tho&s;e furthe&s;t re|mote, to deliver the Church of God from the oppre&s;&s;ion of tyrants, and to free captive Chri&s;tians from under the yoke of bondage? What were the motives that led them to tho&s;e warres? What were the rea&s;ons that urged them to undergoe tho&s;e dangers? But onely in regard of the Churches union, Chri&s;t &s;ummond every man from all parts with a unanimous con&s;ent, to undertake the defence there|of? For all men are bound to repul&s;e common dangers with a joynt and common oppo&s;ition: all which have a naturall con&s;ent and re|lation with this wee now treat of. If this were lawfull for them a|gain&s;t <HI>Mahomet,</HI> and not onely lawfull, but that the backward and negligent were ever made liable to all infamous contempt, and the forward and readie undertakers alwayes recompenced with all ho|nourable re&s;pect and reward, according to the merit of their ver|tues: wherefore not now again&s;t the enemy of Chri&s;t &amp; his Saints? If it be a lawfull warre to fight again&s;t the <HI>Greekes</HI> (that I may u&s;e that phra&s;e) when they a&s;&s;ayle our <HI>Troy:</HI> wherefore is it unlaw|full to pur&s;ue and prevent that incendiary <HI>Sinon?</HI> Finally, if it have been e&s;teemed an heriocall act to deliver Chri&s;tians from corporall &s;ervitude, (for the <HI>Turkes</HI> enforce none in point of Religion) is it not a thing yet much more noble to infranchi&s;e and &s;et at libertie &s;oules impri&s;oned in the mi&s;ts of error?</P>
<P>The&s;e examples of &s;o many religious Princes, might well have the directive power of Law. But let us heare what God him&s;elfe pronounces in many places of his Word by the mouth of his Pro|phets, again&s;t tho&s;e which advance not the building up of his Church, or which make no reckoning of her afflictions. The <HI>Ga|dites,</HI> the <HI>Reubenites,</HI> and halfe tribe of <HI>Mana&s;&s;es,</HI> de&s;ire of <HI>Mo&s;es</HI> <NOTE PLACE="marg">Numb. 32. Io&s;h. 4. 12. Deut. 3. 20.</NOTE> that he would allot them their portion on the other &s;ide of <HI>Jordan. Mo&s;es</HI> grants their reque&s;t, but with this provi&s;o and condition: That they &s;hould not onely a&s;&s;i&s;t their other brethren the <HI>I&s;raelites</HI> to conquer the land of <HI>Canaan,</HI> but al&s;o that they &s;hould march the fir&s;t, and &s;erve as vauntgard to the re&s;t, becau&s;e they had their por|tions
<PB N="141" REF="75"> fir&s;t &s;et them forth, and if they faile to performe this dutie, he with an anathema, de&s;tines them to de&s;truction, and compares them to tho&s;e which were adjudged rebells at <HI>Codisbarnea.</HI> And what? &s;ayes he, your brethren &s;hall fight, and you in the meane &s;ea&s;on re&s;t quiet at home? Nay on the contrary, you al&s;o &s;hall pa&s;&s;e <HI>Jordan,</HI> and not returne into their hou&s;es, before fir&s;t the Lord have driven his enemies out from before his face, and granted place to your brethren as well as you, then &s;hall you be innocent before the Lord and his people <HI>I&s;rael.</HI> He &s;hews by this that tho&s;e which God fir&s;t ble&s;&s;eth with &s;o great a benefit, if they help not their breth<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">en, if they make not them&s;elves &s;hares in their labours, companions in their travells, and leaders in their dangers, they mu&s;t que&s;tion|le&s;&s;e expect a heavie puni&s;hment to fall upon them.</P>
<P>Likewi&s;e when under the conduct of <HI>Debora,</HI> the <HI>Nephtalites</HI> and <NOTE PLACE="marg">Iudges 5.</NOTE> <HI>Zabulonites</HI> took armes again&s;t the tyrant <HI>Jabin:</HI> and that in the meane &s;ea&s;on the <HI>Reubenites</HI> which &s;hould have been fir&s;t in the field took their ea&s;e and played on their pipes, while&s;t their flockes and herds fed at libertie: the <HI>Gadites</HI> held them&s;elves &s;ecured with the rampire of the river; the <HI>Danites</HI> gloried in their command at Sea; And <HI>A&s;hur,</HI> to be briefe, was confident in the difficult acce&s;&s;e of their mountaines: The Spirit of the Lord &s;peaking by the Pro|phete&s;&s;e, doth in expre&s;&s;e termes condemne them all; <HI>Cur&s;e yee Me|ros</HI> <NOTE PLACE="marg">Iudges 5. 23.</NOTE> (&s;aid the Angel of the Lord) <HI>cur&s;e yee bitterly the inhabitants thereof: becau&s;e they came not to the helpe of the Lord, to the helpe of the Lord again&s;t the mightie. But ble&s;&s;ed above women &s;hall Jael the wife of Heber the Kenite be,</HI> who though &s;hee might have alledged the al|liance which her husband had with the <HI>Canaanites,</HI> did notwith|&s;tanding kill <HI>Si&s;era</HI> the Generall of the enemies armie. And there|fore <HI>&V;riah</HI> &s;pake religiou&s;ly, and like a true Patriarke, when he &s;aid, <HI>The Arke of the Lord, and I&s;rael, and Judah abide in tents, and my Lord</HI> <NOTE PLACE="marg">2 Sam. 11. 11.</NOTE> <HI>Joab, and the &s;ervants of my Lord are encamped in the open fields; Shall I then goe into mine hou&s;e, to eate and to drinke, and to lie with my wife? a thou live&s;t, and as thy &s;oule liveth, I will not doe this thing.</HI> But on the contrary, impious and wicked were the Princes of <HI>I&s;rael,</HI> who &s;uppo&s;ing them&s;elves &s;ecured by the craggy mountaines of <HI>Samaria,</HI> and &s;trong fortifications of <HI>Sion,</HI> tooke libertie to loo&s;e them&s;elves in luxurious &s;ea&s;ts, loo&s;e delights, drinking delicious wines, and &s;leeping in per&s;um'd beds of Ivorie, de&s;pi&s;ing in the meane &s;ea&s;on <NOTE PLACE="marg">Amos 6.</NOTE> poore <HI>Jo&s;eph,</HI> to wit, the Lords flock tormented and mi&s;erably vext
<PB N="142" REF="76"> on all &s;ides, nor have any compa&s;&s;ion on their affliction. <HI>The Lord God hath &s;worn by him&s;elf, &s;ayth the Lord God of Ho&s;ts, I abhor the ex|cellency of Jacob, and hate his pallaces: therefore will I deliver up the Ci|ty, with all that is therein, and tho&s;e that wallow thus in plea&s;ures, &s;hall be the fir&s;t &s;hall goe into captivity.</HI> Wickedly therefore did tho&s;e <HI>Ephraimites,</HI> who in &s;tead of congratulating and applauding the <NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">udg. 8 &amp; 12.</NOTE> famous and notable victories of <HI>Gideon</HI> and <HI>Jephta,</HI> did envie and traduce them, whom notwith&s;tanding they had for&s;aken in dan|gers.</P>
<P>As much may be &s;aid of the <HI>I&s;raelites,</HI> who &s;eeing <HI>David</HI> over|come the difficulty of his affaires, and remain a peaceable King, &s;ay aloud, <HI>We are thy fle&s;h and thy bones:</HI> and &s;ome years after, &s;eeing <NOTE PLACE="marg">2 Sam. 5. 2. 2 Sam. 20. 1.</NOTE> him imbroil'd again in troubles, cried out, <HI>We have no part in Da|vid, neither have we inheritance in the &s;on of Je&s;&s;e.</HI> Let us rank al&s;o with the&s;e all tho&s;e Chri&s;tians in name only, w^c^h wil communicate at the holy table, and yet refu&s;e to take the cup of affliction with their brethren, which look for &s;alvation in the Church, and care not for the &s;afety and pre&s;ervation of the Church, &amp; the members thereof. Brie&s;ly, which adore one and the &s;ame God the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ather, acknowledge and avow them&s;elves of the &s;ame hou&s;hold of faith, and profe&s;&s;e to be one and the &s;ame body in Je&s;us Chri&s;t, and notwith&s;tanding yeeld no &s;uccour nor a&s;&s;i&s;tance to their Saviour afflicted in his members. What vengeance doe you thinke will God inflict on &s;uch impiety? <HI>Mo&s;es</HI> compares tho&s;e which aban|don <NOTE PLACE="marg">Numb. 32.</NOTE> their brethren to the rebels of <HI>Cade&s;hbarnea:</HI> Now none of tho&s;e by the decree of the Almighty, entred into the land of Ca|naan. Let not tho&s;e then pretend any intere&s;t in the heavenly Ca|naan, wh<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ch will not &s;uccour Chri&s;t when he is crucified, and &s;uf|fering a thou&s;and times a day in his members, and as it were beg|ging their almes from door to door. The Son of God with his owne mouth condemnes them to everla&s;ting fire that when he was hun|gry gave him no meat; when he was thir&s;ty gave him no drink; when he was a &s;tra<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ger, lodged him not; naked, and cloathed him not; &s;ick, and in pri&s;on, and vi&s;ited him not. And therefore let tho&s;e expect puni&s;hments without end, which lend a deafe eare to the compla<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nts and groan of our Saviour Je&s;us Chri&s;t, &s;uffe|ring all the&s;e things daily in his members; although otherwi&s;e they appeare both to others and them&s;elves to be iolly Chri|&s;tians, yet &s;hall their condition be much more mi&s;erable than that
<PB N="143" REF="76"> of many Infidels. For why; were they the Jews onely, &amp; Scribes and Phari&s;es, to &s;peak properly, that crucified Chri&s;t? or were they Ethnicks, Turks, or &s;ome certain p<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">nitious Sects of Chri&s;ti|ans, which crucifie, torment, and per&s;ecute him in his members? No certainly, the Jew<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> hold him an impo&s;ter, the Ethnick a ma|lefactor, the Turks an Infidell, the others an heretick, in&s;omuch as if we con&s;ider the intention of the&s;e men, as the cen&s;uring of all offences ought to have principall relation thereunto, we cannot conclude that it is properly Chri&s;t that they per&s;ecute with &s;uch hatred, but &s;ome criminal per&s;on, which in the<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">r opinion de&s;erves this u&s;age: But they doe truly and properly per&s;ecute and cruci|fie Chri&s;t Je&s;us, which profe&s;&s;e to acknowledge him for the <HI>Me&s;|&s;ias,</HI> God and Redeemer of the world, and which notwith&s;tanding fail to free him from per&s;ecution and vexation in his members, when it is in their power to do it. Briefly, he w^c^h om<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ts to deliver his neighbour from the hands of the <HI>murderer,</HI> when he &s;ees him in evident danger of his life, is que&s;tionle&s;&s;e guilty of the mur|ther, as well as the murtherer. For &s;eeing he neglected when he had means to pre&s;erve his life, it mu&s;t needs nece&s;&s;arily follow, <NOTE PLACE="marg">Aug. in P&s;a. 32 Amb. lib. 1. dc Offic. Gratian in Decret.</NOTE> that he de&s;ireth his death. And in all crimes the will and intend|ment ought principally to be regarded. But que&s;tionle&s;&s;e the&s;e Chri&s;tian princes which do not releive and a&s;&s;i&s;t the true profe&s;|&s;ors, which &s;uffer for true religion, are much more guilty of mur|ther than any other, becau&s;e they might deliver from danger an infinite number of people, which for want of timely &s;uccours, &s;uffer death and torments under the cruel hands of their per&s;ecu|ters: and to this may be added, that to &s;uffer ones brother to be murthered, is a greater offence than if he were a &s;tranger. Nay, I wi &s;ay further, tho&s;e for&s;akers of their brethren in their time of danger di&s;tre&s;&s;e, are more vile, and more to be abhorred than the tyrants them&s;elves that per&s;ecute them. For it is much more wicked, and worthy of greater puni&s;hment to kill an hone&s;t man that is innocent &amp; fea<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ing God (as tho&s;e which con&s;ent with them in the faith mu&s;t of nece&s;&s;ity know the true profe&s;&s;ors to be) than a thiefe, an impo&s;ter, a magician or an heretick, as tho&s;e which per&s;ecute the true Chri&s;tians do commonly beleeve them to be, it is a greater offence by many degrees to &s;trive with God than man. Briefly, in one and the &s;ame action it is a much more grievous crime per&s;idiou&s;ly to betray, than ignorantly to offend. But may
<PB N="144" REF="77"> the &s;ame al&s;o be &s;aid of them which refu&s;e to a&s;&s;i&s;t tho&s;e that are oppre&s;&s;ed by tyranny, or defend the liberty of the Common|wealth agai<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;t the oppre&s;sion of tyrants? For in this ca&s;e the con|junction or confederacy &s;eemes not to be of &s;o &s;trict a condition between the one and the other, here we &s;peak of the Common|wealth diver&s;ly governed according to the cu&s;tomes of the coun|tries, and particularly recommended to the&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> here, or tho&s;e there, and not of the Church of God, which is compo&s;ed of all, and re|commended to all in generall, and to every one in particular. The Jew &s;aith, our Saviour Chri&s;t is not on<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ly neighbour to the Jew, but al&s;o to the Samaritan, and to every other man. But we ought to love our neighbour as our &s;elves; and therefore an I&s;|raelite is not onely bound to deliver an I&s;raelite from the hands of theeves, if it be in his power, but every &s;tranger al&s;o; yea, though unknown, i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> he will righely di&s;charge his duty: neither let him di&s;pute whether it be lawfull to defend another, which beleeve, he may ju&s;tly defend him&s;elf. For it is much more ju&s;t, if we truly con&s;ider the concomitants, to deliver from danger and outrage another than ones &s;elfe; &s;eeing that what is done for pure charity, is more right and allowable, than that which is exe|cuted for colour, or de&s;ire of revenge, or by any other tran&s;port of pa&s;&s;ion: in revenging our own wrongs we never keep a mean, whereas in other mens, though much greater, the mo&s;t intempe|rate will ea&s;ily ob&s;erve moderation. Furthermore, the heathens them&s;elves may teach us what humane &s;ociety, and what the law of nature requires of us in this bu&s;ines; wherefore <HI>Cicero</HI> &s;ayes, <HI>That Nature being the common mother of mankind, pre&s;cribes and or|daines,</HI> <NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> 3.Offic.</NOTE> <HI>that every man endevour and procure the good of another what|&s;oever be be, onely becau&s;e he is a man: otherwi&s;e all bonds of &s;ociety, yea and mankinde it &s;elf mu&s;t needs goe to ruine.</HI> And therefore as Ju&s;tice built on the&s;e two Ba&s;is, or pillars, Fir&s;t, that none be wronged: &s;econdly, that good be done to all if it be po&s;&s;ible. So al&s;o is there two &s;orts of inju&s;tice; the fir&s;t, in tho&s;e which offer injury to their neighbours; the &s;econd, in them which when they have meanes to deliver the oppre&s;&s;ed, doe notwith&s;tanding &s;uffer them to &s;ink under the burthen of their wrongs: For who&s;oever doth wrong to another, either mov'd thereunto by anger, or any other pa&s;&s;ion, he may in a &s;ort be truly &s;aid to lay violent hands on his companion; but he which hath meanes and defends not the af|flicted,
<PB N="145" REF="77"> or to his power wards not the blowes that are &s;truck at him, is as much faulty, as if he for&s;ook his parents, or his friends, or his countrey in their di&s;tre&s;&s;e. That which was done by the fir&s;t, may well be attributed to choler, which is a &s;hort madne&s;&s;e; the fault committed by the other, di&s;covers a bad minde, and a wicked purpo&s;e, which are the perpetuall tormentors and ty|rants of the con&s;cience. The fury of the fir&s;t may be in &s;ome &s;ort excu&s;ed, but the malice of the &s;econd admits no colour of de|fence. Peradventure you will &s;ay, I feare in aiding the one, I &s;hall doe wrong to the other. And I an&s;wer, You &s;eek a Cloak of ju&s;tice wherewith to cover your ba&s;e remi&s;ne&s;&s;e: and if you lay your hand on your heart, you will pre&s;ently confe&s;&s;e, that it is &s;omewhat el&s;e, and not ju&s;tice, that with holds you from performing your duty. For as the &s;ame <HI>Cicero</HI> &s;ayes in another place, <HI>Either thou wilt not make the wrong-doer thine enemy, or not take paines, or not be at &s;o much charge, or el&s;e negligence, &s;loth, or the hindering of thine own occa&s;ions, or the cro&s;&s;ing of other purpo&s;es, takes thee off from the defence of tho&s;e who otherwi&s;e thou art bound to relieve. Now in &s;aying thou onely attends thine own affaires, fearing to wrong another, thou falle&s;t into another kind of inju&s;tice: for thou abandone&s;t humane &s;ociety, in that thou wile not afford any endeavour either of mind, body, or goods, for the nece&s;&s;ary pre&s;ervation thereof.</HI> Read the Directions of the heathen Philo&s;ophers and Politicians who have written more divinely herein, than many Chri&s;tians in the&s;e dayes. From hence al&s;o proceeds, that the <HI>Roman</HI> law de&s;ignes puni&s;hment to the neighbour which will not deliver the &s;lave from the outragious fury of his ma&s;ter.</P>
<P>Among&s;t the <HI>Aegyptians,</HI> if any man had &s;eene another a&s;&s;ail'd <NOTE PLACE="marg">Diodor. Sicu|lus, l. 2. c. 2.</NOTE> and di&s;tre&s;s'd by thieves and robbers, and did not according to his power pre&s;ently aid him, he was adjudgd worthy of death, if at the lea&s;t he di&s;cover'd or delivered not the delinquents into the hand of the Magi&s;trate. If he were negligent in performing this duty for the fir&s;t mulct, he was to receive a certaine number of blowes on his body, and to fa&s;t for 3. dayes together. If the neighbour be &s;o firmely oblig'd in this mutuall duty of &s;uccour to his neighbour, yea to an unknowne per&s;on in ca&s;e hee be a&s;&s;ail'd by thieves: &s;hall it not be lawfull for a good Prince to a&s;&s;i&s;t, not &s;laves to an imperi|ous Ma&s;ter, or children again&s;t a furious Father; but a Kingdome again&s;t a Tyrant, the Common-wealth again&s;t the private &s;pleene
<PB N="146" REF="78"> of one, the people (who are indeed the true owners of the State) <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ain&s;t a mini&s;tring &s;ervant to the publique. And if he c<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ele&s;ly or wil<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ully omit this duty, de&s;erves he no<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> him&s;elfe to be e&s;teem'd a Tyrant, and puni&s;hed accordingly, as well as the other a &s;obber, which neglected to a&s;&s;i&s;t his neighbour in that danger? <HI>Theucidides</HI> <NOTE PLACE="marg">Theucid. lib. 1.</NOTE> upon this matter &s;aies, <HI>that tho&s;e are not only Tyrants which make other men &s;laves, but much more tho&s;e who having meanes to &s;uppre&s;&s;e and pre|vent &s;uch oppre&s;&s;ion, take no care to performe it.</HI> And among&s;t others, tho&s;e which a&s;&s;umed the title of Protectors of <HI>Greece,</HI> and defen|ders of the Countrey: and yet &s;ti<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">re not to deliver their Countrey from oppre&s;&s;ion of &s;trangers, and truly indeed. For a Tyrant i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> in &s;ome &s;ort compeld to hold a &s;traight and tyrannous hand over tho&s;e, who by violence and tyranny, he hath con&s;train'd to obey him, becau&s;e as <HI>Tiberius</HI> &s;aid, <HI>he holds the Wolfe by the eares, whom he can neither hold without paine and force, nor let goe without danger &amp; death.</HI> To the end then that he may blot out oue &s;in with another &s;inne, he files up one wickedne&s;&s;e to another, and is forced to do injuries to others, le&s;t hee &s;hould prove by remi&s;ne&s;&s;e injurious to him&s;elfe. But the Prince which with a negligent and idle regard lookes on the outragiou&s;ne&s;&s;e of a Tyrant, and the ma&s;&s;acring of Innocente, that he might have pre&s;erved, like the barbarous &s;pecta|cles of the <HI>Roman</HI> &s;word-playes is &s;o much more guilty than the Ty|rant him&s;elfe, by how much the cruel and homicidious directers and appointers of the&s;e bloody &s;ports, were more ju&s;tly puni&s;ha|ble by all good laws than the poore and con&s;train'd actors in tho&s;e murthering tragedies: and as he que&s;tionle&s;&s;e de&s;erves greater pu|ni&s;hment, which out of in&s;olent jollity murthers one, than hee which unwillingly for feare of a further harme kills a man. If any object that it is again&s;t rea&s;on and good order to meddle in the af|faires of another: I an&s;wer with the olde man in <HI>Terrence, I am a man, and I believe that all duties of humanity are fit and convenient for me. If others &s;eeking to cover their ba&s;e negligence, and carele&s;&s;e unwil|lingne&s;&s;e,</HI> <NOTE PLACE="marg">Pompon. de reg. ju<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. l<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">g. 36.</NOTE> <HI>alledg that bounds and juri&s;dictions are di&s;tingni&s;ht one from another, and that it is not lawfull to thru&s;t ones &s;ickle into anothers har|ve&s;t.</HI> Neither am I al&s;o of that opinion, that upon any &s;uch colour or pretence, it is lawfull for a Prince to encroach upon anothers ju|ri&s;diction or right, or uppon that occa&s;ion to u&s;urp anothers coun|trey, and &s;o carry another mans corne into his b<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">rne, as divers have taken &s;uch &s;hadowes to maeke their bad intentions. I will
<PB N="147" REF="78"> not I &s;ay, that after the manner of tho&s;e arbitrators which <HI>Cicero</HI> <NOTE PLACE="marg">Ciccr. 2. offic.</NOTE> &s;peaks of, thou adjudge the things in controver&s;ie to thy &s;elfe. But I require that you repre&s;&s;e the Prince that invades the kingdome of Chri&s;t, that you containe the Tyrant within his owne limits, that you &s;tretch forth your hand of compa&s;&s;ion to the people afflicted, that you rai&s;e up the Common-wealth lying groveling on the ground, and that you &s;o carry your &s;elfe in the ordering a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d ma|naging of this, that all men may &s;ee your principall aime and end was the publique benefit of humane &s;ociety, and not any private profit or advantage of your owne; For &s;eeing that ju&s;tice re&s;pects only the publique, and that which is without, and inju&s;tice fixes a man wholly on him&s;elfe: it doubtle&s;&s;e becomes a man truly hone&s;t &s;o to di&s;po&s;e his actions, that ever private intere&s;ts give place, and yield to publique commoditie.</P>
<P>Briefly to epitomize what hath bin formerly &s;aid if a Prince out|ragiou&s;ly over-pa&s;s the bounds of piety &amp; ju&s;tice. A neighbor Prince may ju&s;tly and religiou&s;ly leave his owne Countrey, not to invade and u&s;urp anothers, but to containe the other within the limits of ju&s;tice and equity: and if he neglect or omit his duty herein, hee &s;hewes him&s;elfe a wicked and unworthy Magi&s;trace. If a Prince tirannize over the people, a neighbour Prince ought to yield &s;uc|cours as freely and willingly to the people, as he would doe to the Prince his Brother if the people mutined again&s;t him: yea he &s;hould &s;o much the more readi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y &s;uccour the people, by how much there is more ju&s;t cau&s;e of pity to &s;ee many afflicted, than one alone. If <HI>Por&s;enna</HI> brought <HI>Tarquinius Superbus</HI> backe to <HI>Rome,</HI> much more ju&s;tly might <HI>Con&s;tantine,</HI> reque&s;ted by the Senate, and <HI>Roman</HI> peo|ple, expell <HI>Marentius</HI> the Tyrant from <HI>Rome.</HI> Briefely, if man be|come a Wolfe to man, who hinders that man (according to the proverb) may not be in&s;tead of God to the needy? And therefore the Ancients have ranckt <HI>Hercules</HI> among&s;t the gods, becau&s;e he pu|ni&s;ht and tam'd <HI>Procru&s;tes, Bu&s;iris,</HI> and other Tyrants, the plagues of man kind, and mon&s;ters of the earth. So whil&s;t the <HI>Roman</HI> Em|pire retained her freedome, &s;he was truly accounted the &s;afe guard of all the world again&s;t the violence of Tyrants, becau&s;e the Senate was the port and refuge of Kings, people, and Nations. In like manner <HI>Con&s;tantine,</HI> called by the <HI>Romans</HI> again&s;t <HI>Mixentius,</HI> had God Almighty for the leader of his Army: and the whole Church doth with exceeding commendations celebrate his enterprize, al|though
<PB N="148" REF="79"> that <HI>Maxentius</HI> had the &s;ame authority in the We&s;t, a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>Con|&s;tantine</HI> had in the Ea&s;t. Al&s;o <HI>Charlemaine</HI> undertooke War again&s;t the <HI>Lombards,</HI> being reque&s;ted to a&s;&s;i&s;t the Nobility of <HI>Italy:</HI> al|though the Kingdome of the <HI>Lombards</HI> had been of a long continu|ance, and he had no ju&s;t pretence of right over them. In like man|ner when <HI>Charles</HI> the bald, King of <HI>France,</HI> had tyrannou&s;ly put to cleath the Governour of the Country between the River of <HI>Seynt</HI> and <HI>Loyre,</HI> with the Duke <HI>Lambert,</HI> and another Noble-man cald <HI>Jametius,</HI> and that other great men of the Kingdome were retired unto <HI>Lewis</HI> King of <HI>Germany,</HI> brother, (but by another mo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">her) un|to <HI>Charles,</HI> to reque&s;t aid again&s;t him, and his mother called <HI>Ju|clith,</HI> one of the mo&s;t pernitious women of the world, <HI>Lewis</HI> gare them audience in a full A&s;&s;embly of the <HI>German</HI> Princ<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s, by who&s;e joynt advice it was decreed, that Warres &s;hould be made again&s;t <HI>Charles</HI> for the re-e&s;tabli&s;hing in their goods, honours, and e&s;tates, tho&s;e whom he had unju&s;tly di&s;po&s;&s;e&s;t.</P>
<P>Finally, as there hath ever been Tyrants di&s;per&s;t here and there, &s;o al&s;o all hi&s;tories te&s;tifie that there hath been neighbouring Prin|ces to oppo&s;e tyranny, and maintain the people in their right. The Princes of the&s;e times by imitating &s;o worthy examples, &s;hould &s;uppre&s;&s;e the Tyrants both of bodies and &s;oules, and re&s;traine the oppre&s;&s;ors both of the Common-wealth, and of the Church of Chri&s;t: otherwi&s;e they them&s;elves may mo&s;t de&s;ervedly be branded with that infamous title of Tyrant.</P>
<P>And to conclude this di&s;cour&s;e in a word, piety command<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> that the Law and Church of God be maintain'd: Ju&s;tice requires that Tyrants and de&s;troyers of the Common-wealth be compel'd to rea|&s;on: Charity challenges the right of relieving and re&s;toring the op|pre&s;&s;ed. Tho&s;e that make no account of the&s;e things, doe as much as in them lies to drive pietie, ju&s;tice and charity out of this world, that they may never more be heard of.</P>
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