JUS REGIMINIS: BEING A JUSTIFICATION OF Defensive Arms IN GENERAL. And consequently of Our Late Revolutions AND TRANSACTIONS TO BE THE JUST RIGHT OF THE KINGDOM. LICENCED, June 17. 1689. J. FRASER. LONDON, Printed in the Year MDCLXXXIX. Benedictus sit prae caeteris Principibus Wilhelmus Henricus D. G. Magnae Britanniae, Franciae, & Hiberniae REX: Qualem nec viderunt Avi, nec visuri sunt Nepotes; qui advenerit ad Auxilium Jehovae, contra potentes Papicolas Antichristianos tyrannorum pessimos: Benedicta sit prae caeteris Heroinis MARIA, Regina conjux & Regni Consors: Communicatis Imperii fascibus, fruantur illi Sceptro Britannico, Parentes liberorum laeti, & Aurei Seculi Authores. Macti virtute conculcate Inimicos Religionis Protestantium, Legum Anglorum, Libertatum Parliamenti, ut nomina vestra eant in Mille saecula sciantque posteri, & filii nascituri surgentes enarrent filiis suis; & semper fugiant infesti Osores à conspectu vestro. Sic comprecatur, sic vovet omni supplex humilitate WILHELMUS DENTON, M. D. Majestatum vestrarum subditus humillimus. ADVERTISEMFNT TO THE READER. THIS Treatise hath been written several Years and kept close, because the Government would not bear such Prints, and might still have lain snug, but that I daily see great endeavours by various Prints and Pamphlets, casting false glosses upon a good Cause, designing to bring us back to Onions and Garlic, and to Popery, the worst of Tyranny. Among which Prints the History of Passive Obedience, at first view, seems to carry in its Front for its better countenancing of Nonresistance, the most flourishing show of our Articles, Injunctions, Canons, Homiles, Liturgy, both our Universities, Bishops, Martyrs, Confessors, etc. Which at first view presents a wonderful and an amazing cloud of Witnesses, ready to confound the Doctrine of Resistance and Defensive Arms without farther Inquiry, and to make good that enslaving Doctrine of Passive Obedience absolutely absolute without reserve, of which I shall make but one or two plain Remarks, leaving the rest to better Pens. 1. Granting all the Quotations to be true, yet are they to be understood of private Men, and of private Authority only, and not of Ordines Regni, States, and Kingdoms, and Commonwealths. 2. Calvin, though quoted in this History as an Assertor of such Passive Obedience, of which he Treats very Learnedly, giving it all its just Allowances and Dimensions, yet concludes, notwithstanding all those specious Expressions which seem to favour Passive Obedience, That he is to be understood always speaking of private Men: For if there be at this time any Magistrates for the behalf of the People, as the Ephori amongst the Lacedæmonians, or Tribunes at Rome; as the Demarchi at Athens; or the same Power also, which peradventure as things are now, the Estates have in every Realm when they hold their Diets, Parliaments, principle Assemblies; he doth not forbid them according to their office to withstand the outrageous licentiousness of Kings. And farther he affirms, That if they wink at Kings wilfully ranging over and treading down the poor Commonalty, their dissembling is not without wicked breach of Faith, because they deceitfully betray the Liberty of the People, whereof they know themselves to be Protectors, appointed by the Ordinance of God. Calvin, Instit. lib. 4. c. 20. par. 32. Likewise his Quotation of Dr. Jackson in the Chapter of the Bounds of Christian Obedience, will serve his turn as little as that out of Calvin; for in the same Chapter, p. 929. it being objected to him by the Author of the Prince and Prelate, That many besides the Separatists and Enthusiasts, many of note in reformed Churches have published in writing, that Kings and Princes may in some cases be deposed; which, saith Dr. Jackson, if spoken universally, their Doctrine is false; and for such condemned by our Church, if thus they taught indefinitely only, as that some Kings, some chief Magistrates may be deposed, he knows no Church that justly condemns them: But for Divines to determine or dispute what Princes in particular may be deposed, or in what cases, is matter without their Commission, unless commanded by their Princes, p. 927. And I think he knew the Doctrine of this and other Churches as well as the Author of this History. So Bishop Jewel explains St Paul and himself in the very same Quotation, viz. That whosoever striketh with the Sword by private Authority, shall perish with the Sword; which Opinion, if rightly considered, is the sense or meaning of all, or most, of this Historians In 4● printed 158●. Quotations, and are so to be understood. Bishop Bilson (how slightly soever represented by this Historian) was as profound a Scholar and Divine as ever sat upon that See: in his Book of Christian Subjection, and Unchristian Rebellion, treats of nothing else but of Passive Obedience and Nonresistance at large, and no Man better or more solidly in defence of them, yet will not rashly pronounce all that resist to be Rebels. If a King should go about to subject the Kingdom to a Foreign Realm (which happily is not much dissimular to our present constitution and transactions) to change the Form of a Commonwealth from Empery to Tyranny or neglect the Laws established by common consent of Prince and People to execute his own pleasure: in those and other cases, if the Nobles and Commons join together to defend their Ancient Liberties, Regiment and Laws, they may not well be accounted Rebels, (very modestly expressed) p. 520. And more at large to the same purpose may be read in several places of this Book; which Opinion of these great and learned Men, are a justification of the present Transactions of our Ordines Regni, who have so considerable a share in the Government, that no Law can or aught to be made without them. And I may truly say, without prejudice, that those very Authors (being all of the Historians own quoting) have written as profoundly and solidly for Passive Obedience and Nonresistance as it will bear, or that all his other Quotations do or can make out: And Bishop Bilson, that great Scholar and Divine, printed his Book 1585. and dedicated it to Queen Elizabeth of ever blessed Memory, whose happy Government was such, as she did not think such Resistance unlawful, and therefore she soon promoted him to be Bishop of Worcester, Anno 1595. and soon after, viz. Anno 1597. translated him to Winchester: And I think these Men understood the Doctrines, Articles, Canons, Liturgy, Homilies, Universities, etc. of this and of other Churches abroad, as well as this Historian, or as any of the other Authors as he hath named. Besides, Queen Elizabeth did not only approve the publication of such Doctrines in her Government, but being willing to avoid the Curse, that bitter Curse of Meroz, on her and her Kingdom, she gave this farther Testimony and Demonstration, by her owning and countenancing such Resistance, and by her en●ring into Contract with the Protestants of France, against the Mighty, by sending Money and Forces to their aid and assistance: She did the like by sending Succours to the Scots, whereby she delivered them from Slavery and Popery, against Mary Queen of Scots and the Guises: So she did most earnestly mediate and interceded by Letters and Embassies with the King of Spain, who had violently Tyrannised and Oppressed the Netherlanders by his bloody Edicts, both in their Laws, Liberties, and Religion: and not prevailing, she sent them Money and Arms, and took them into her Protection; by which she relieved and established them in that flourishing Condition they now are in, both able and willing gratefully to return the same Kindness to this our Kingdom, in her great distress, by the like bloody Papists; In which she had not only the Judgement and Assistance of her Parliaments, but their Purses also: And also the Opinion and Approbation of her Clergy in their Convocation, with their Subsidies; all which they would not have done, if they had held all Resistance unlawful. And sure this Historian will not deny, that the Queen, and her Parliaments, and Convocations, were true Church of England Men: so he may make it the Cornerstone, and distinguishing Character, if he please, of a true and of a mongrel Church of England Man▪ And if he do, I doubt he will approve himself no Nathaniel, no true Church of England Man. To what then doth all this Bravado of Articles, Canons, Homiles, Liturgies, etc. tend? but to the bespattering of the purest Church in the World with such Doctrines as she is no ways guilty of, and to introduce and usher in Popery again, which was rushing in upon us with a mighy torrent by the slight of such prevaricating wits that lay in wait to deceive, until his Majesty did Abdicare se magistratu: but thanks be to God we are not such Children, as to be tossed to and fro, and carried away from the Truth with such cunning Craftiness. Happily King James I. if consulted, may be found to favour the same Opinion, when in his Speech in Parliament 1603. declares himself to be a Servant, and that as he was Head and Governor of all the People in his Dominions, who were his natural Vassals and Subjects, considering them in Number and distinct Ranks; but considering the whole People as one Body and Mass, then as the Head is ordained for the Body, and not the Body for the Head, so must a righteous King know himself to be ordained for his People, and not his People for him: and therefore professeth, that he will never be ashamed to confess it, to be his principal Honour, to be the Servant of a Commonwealth, and ever to think the Prosperity thereof to be his greatest Felicity. And in his Speech at Whitehall, Anno 1609. March 21. saith, That every just King, in a settled Kingdom, is bound to observe the Paction which God made with Noah after the Deluge; therefore a King leaves to be a King, and degenerates into a Tyrant, as soon as he leaves off to Govern by his Laws: as the poor Widow to Philip of Macedon, Either Govern according to your Laws, Aut ne Rex sis. Therefore all Kings, that are not Tyrants or Perjured, will be glad to bond themselves within the limits of their Laws: And they that persuade them to the contrary are Vipers, and Pests, both against them and the Commonwealth. Which Premises do naturally yield this Conclusion, without wresting. viz. That Kings, not Governing according to their Compact and Laws made by their Subjects, are Perjured, and become Tyrants, and may be kerbed, opposed, and withstood. Thus much only by way of Specimen, to encourage other more learned Pens to make farther proof; it being every Man's Duty to contribute what he can towards the support of that Government under which he lives: no Government being obliged to support those who will not support it; which encourageth me to cast in my Mite also, and the rather, because I observe some Prints so virulent as to ill-characterize the greatest Wisdom and wisest Men of the World, and to make common Sense, and truest Equity, and the most undoubted Right of the whole World, Treason and Rebellion, and so to be owned and practised in Extremities by all Nations, Vim vi repellendo: Which being always to be understood of unjust Force, the Defence must be just; and it's impossible to be made either Treason or Rebellion by any other Law, than that the Fox's Ears were Horns: And others would make this wild conjecture of Passive Obedience without reserve, as the Cornerstone and distinguishing Character of the Church of England from all other reformed Churches; which deserves a Sponge and Reprimand, and not an Answer. AN ADMONITION TO ALL Christian EMPERORS, KINGS, PRINCES, etc. ALL Emperors, Kings, Princes and Governors, ought most seriously to consider, That tho' by the Providence of God, and good will and choice of Men, they are set on high, yet they are not Kings and Lords and Princes in their own right, and in such manner as that they are not obliged to acknowledge a Superior Dominion. What are they but Vassals to God, by whose Providence they hold their Crowns and Sceptres, Lives and all, by fealty and homage? And what are they but Administrators and trusties of the Governed, to see the Laws made by them indifferently and equally executed for the Peace and Happiness of whole Kingdoms? And who knows not that in recompense of their Care and Pains, that this is one of the chief Conditions or Laws of Subjects, that they do Support their Kings and Governors, and that they keep Fidelity with, and pay Tribute, Reverence, and Service unto them? So strict is this Obligation, that in all cases of danger Subjects are bound to aid and assist them, and to yield all the Duties of Honour, Friendship, Reverence and Respect, and to take up Arms on their behalf, against their very brethren and Children, and to pay them Tribute for their Grandeur and Support: where Faith and Honour are concerned, an Eternal blemish will remain on the violation thereof. If they offend their Kings by unjust contrivances, and blemish their Dignity and Honour by unjust aspersions; if they plot, contrive and wage War unjustly against them; if they desert them in a time of danger; if they treacherously conceal any that endeavour to kill, imprison, or damnify them, if they do not deliver them when in danger, if it be in their power to do it, they are then guilty of Treason. Seeing therefore Kings require so much Fidelity from their Subjects, for defending their Persons, States, and Dignities, (who are but Men on both parts) in how much greater Obligations, and under what severer Penalties are Kings themselves bound towards the giver and bequeather of their Crowns and Sceptres, for the defence of his Kingdom and People, against all Rebels and Traitors to his and their Laws. But ah the misery of human blindness! All Princes are ready to cry out, that when any Man becomes guilty of such breach of Faith towards them, it is a Crime unpardonable; and that it must be punished with the loss of Goods, Lives, and Estates. Men to Men still. But when they themselves break Faith, plighted to God and Men by Solemn Oaths, and do things ten thousand times worse, against their Supreme Lord and Master, and the Governed; yet such is the wonderful perverse ends of their Judgement, that they imagine themselves to be innocent and unaccountable: Whereas by right they ought to hazard and spend their own Lives and Sceptres in Defence of his Glory, from, and under whom they hold those Lives and Sceptres, and for Defence, Support, and well Governing of the Governed, that they may live in Wealth, Peace, and Godliness, they being the Church of God, whose Nursing-fathers' and Mother's, Kings and Queens, and all other Rulers, as in duty bound of right aught to be; more especially, if they confer Honours, Dignities, or Places of Profit, on any of their Subjects (Prerogatives given them even by the Governed) if they say not as they say, and do not obey all their Commands right or wrong, what a huff and Fustian fume are they in? What? eat of their Bread, drink of their Drink, and live at Ease, and in great Plenty and Pleasure, by their Favours and Graces bestowed on them, and yet so ungrateful as not to subordinate their wills to the wills of their Princes. Which arises from corrupted nature and their own great mistake. For Kings themselves, and all their Officers, are the Kingdoms Officers, clothed with their Fleece, warmed with their Wool, fed with their Bread, their Oil, and their Wine, and paid with their Tribute: And is it not much more sinful and ungrateful in them to do violence, or oppress any of them? Do they not Dig and Delve, Blow and Harrow, Sow and Reap, Plant and pull up with the labour of their Hands, and sweat of their Brows? and all this to pay them Tribute, that they may live in great Glory and Plenty; that they may eat the Fat, drink the Sweet, lie upon the Soft, chant to the sound of the Vial, drink Wine in Bowls, that they may be gorgeously clad, and fare deliciously every day? Is it not therefore much more abominable, wicked, and ungrateful in them, to oppress or violate the Laws of them that set their Crowns on their Heads, and maintain them in all their Glory and Excesses, not only for necessity, but for delight? Consider seriously with yourselves, whilst you are yet on this side the Grave: (For there is no work, nor device, nor knowledge, nor wisdom, in the grave, Eccl. 9 10.) And all your Pomp must be brought down to the grave, even Lucifer, the Sun of the morning, who did weaken the Nations, how did he fall from heaven, and was cut down to the ground? Isaiah 14. 12.) That you cannot oppress the Governed without being guilty of Ingratitude (the vilest and basest of Crimes) in the esteem both of Heathens and Christians, and by the practice even of Bruits and Beasts. First, Gratitude is natural (and therefore ungratefulness must be unnatural) witness Beasts themselves, not only tame and domestic, but even wild and cruel; among whom there are many excellent and true examples, as of the Lion towards the Roman Slave. etc. Officia etiam ferae sentiunt: even wild Beasts are sensible of good and evil done unto them; by which it is easy to guests how unnatural, how unpleasing and odious, how base and villainous Ingratitude is unto all Men; quatenus Men only. Dixeris maledicta cuncta cum ingratum hominem dixeris: thou speakest all the evil that may be said of a Man, when thou callest Man ungrateful: It is against Nature, and therefore Plato, speaking of his Disciple Aristotle, calleth him an ungrateful Mule: it is without all excuse, and cannot come but from a wicked Nature. So Seneca, Grave vitium intollerabile quod dissociat homines. A grievous vice and intolerable, which breaketh the Society of Men. If by the instinct of Nature, and the examples of Bruits, unreasonable Creatures, Ingratitude be so vile a Crime, that it becomes a reproach to Men, as being reasonable Creatures, how much greater reproach is Ingratitude in Men as Christians? God's Commands are, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them that despitefully use you and persecute you, that you may be children of your Father which is in heaven: for he maketh the sun to rise on the evil and the good; and sendeth rain on the just and on the unjust, Matth. 5. 44, 45. So Luke 6. 27, 35. for he is kind to the unthankful, and to the evil. So ought all Kings and Rulers to love their People, though Enemies, out of gratitude they owe to God, who hath both commanded us so to do, and whose daily practice it is. How doth God upbraid and reproach the ungrateful Jews! Hear, O heavens, and give ear O earth, for the Lord hath spoken: I have nourished and brought up children, and they have rebelled against me: the Ox knoweth his owner, and the Ass his master's crib; but Israel doth not know, my people doth not consider, etc. Isaiah 1. What Reproaches and Woes are pronounced against those ungrateful Jews, for whom God had done so much (when Israel was a Child then God loved him, and taught Ephraim also to go, taking them by the Arms, drew them with Cords of a Man, with Bands of love, and was to them as they that take off the Yoke on their Jaws, and laid meat unto them, etc. Hos. 11. All the Prophets testify throughout the whole Bible that Gratitude is the universal Precept and Command of God himself, and he is the Avenger of all Ingratitude and Disobedience: Do you thus requite the Lord, O foolish people and unwise? Deut. 22. 6. God is so gracious as to let the Sun shine on the Just and on the Unjust, to requite good for evil. How ought Kings then as his Ministers, his Vicegerents, not to requite evil for good, but good for evil? How much more are Kings then obliged to God and Man by their greater Obligation to keep Faith and Covenant with their People, who choose them from among themselves to be their King, setting them on Thrones in a more Eminent and glorious Station and Figure above all themselves, paying them all the Ensigns of Honour, Duty, and Majesty, giving them abundant Tribute to support the same? What to do? to tear them with Thorns and Briars, or whip them with Scorpious, or grind their Faces as many have done; no, no, but to have their Laws run in their Names, and executed by legal Powers in their Names, that Justice might be equally and indifferently administered to all: They claim and glory in the Title of being God's Vicegerents and Ministers, and therefore their Ministrations ought more especially to be for the happiness and Salvation of their Kingdoms; if otherways, know, that God will cut off the Spirit of Princes, he is terrible to the Kings of the Earth, Psal. 76. 12. and in his due time will relieve the oppressed and afflicted. If we make diligent and exact Scrutiny into other Relations of human and civil dependencies, our Judgements may be assisted for the more clear apprehending of truths of Government, wherein we shall find some obligations between them so strictly enjoined, that they cannot be violated without the brand of Impiety, as between Parents and Children, Husband and Wife, Master and Servant, Col. 3. 18, 19 20, 21, 22. Job 31. 13. between whom, although by the Laws of God and Man there be many reciprocal Duties; yet are they nothing if weighed in a just Balance, in comparison to what Kings themselves owe to God and the Governed, who are also the Church of Christ: for what ever injury is done to a Christian Commonwealth, is at the same time done against the Church of God, whereof Christ is Head, and King, and those whom we call Kings thereof are but his Substitutes, and Vicegerents, and aught to govern as he hath commanded, and as he will do when he shall come again in Glory to reign on Earth. Besides they are constituted and ordained by the Governed, under Conditions, Covenants, and Agreement; not that themselves may live at ease only, and command, and rule at Pleasure, but as God's Vicegerents, and as trusties and Administrators of the Governed, to rule and govern according to his and their own Laws (quas vulgus eligerit) for what a madness should we esteem it in human Affairs, if Deputies, Viceroys, and Lieutenants of Earthly Kings, should for their own private ends and interest prefer them before the Honour, Glory, and Service of their Kings. They who so administer Affairs, take not right measures of their Master's Glory, and the People's good, but comply with the flatteries of their own Lusts, their particular Advantages, sinful Ends and interests, or hatred, furiously transporting them to the public ruin, privati Commodi vel odii pertinacia in publicum exitium stimulante. Tacit. lib. 1. hist. Private Interest and concerns, saith Livy, always have, and always will hinder public good Councils, privatae res semper officere officientque publicis consiliis, Livy lib, 22. The Heathen, taught only by the light of Nature, could discern the truth of these things, and have left Monuments thereof on their Tombs and Coins. They doubted not, saith Valerius, that Empires were made to serve holy Purposes, and that all things, even such where the Lustre of Supreme Majesty was to appear, were to be placed after Religion. Kings, Princes, and Governors, being partakers of the same human Nature in common with their Subjects, are equally obliged by the same Laws of God and Nature, to keep Faith and Covenant (the common Law of Nature) with them; and therefore the Obligation of keeping Faith and Covenant, is equally obligatory both to Prince and People. As by the Law of Nature, so by the Law of God, Covenants are inviolably to be kept, and not broken by either Prince or People. And as Covenants between God and the King, and between God and the People, so between Kings and the People; which as they are most solemnly made, so they are as sacredly to be kept▪ and that under great Menaces, Pains, and Penalties. God hath given his ●ord▪ that ●e will never break his Covenant, Jud. 2. 1. and Psal. 89. 34. My Covenant I will not break, nor alter the thing that is gone out of my Mouth, and requires and expects the like punctual performance from his Vicegerents, and bitterly curses those that do infringe and break plighted Faith and Agreements: Cursed be the Man that obeyeth not the words of this Covenant, J●r. 11. 31. and God for the breach of Covenant gave the Princes of Judah and the Princes of Jerusalem, the Eunuches, and the Priests, and all the People of the land, into the hands of the Enemies, and into the hands of them that sought their lives, and their Bodies for meat unto the Fowls of Heaven, and to the Beasts of the Earth, Jer. 34. 19, 20. Besides God is no respecter of Persons, Kings and Peasants are all alike to him, all the Works of his own Hands, all made of the same Mould, all redeemed with the same previous Blood, all his own Images and Temples, and shall stand in an equal distance before his Tribunal, who will judge all breakers of Covenant, whether Kings or Peasants, according to his own Righteous Judgement. Neither Kings nor People have any Privilege or Prerogative to break Covenant; and they that do, be they Kings or be they People, are justly esteemed Rebels to the Laws and Covenants; and the injured Persons have just Cause to right and defend themselves if oppressed by such Violation. King's accounting themselves as God's Ministers, and Vicegerents, and Fathers of their Countries, ought so to govern in good earnest, and they being placed on their Thrones as such by the People, aught to keep Laws and Covenants punctually with them, and which they cannot break or shame without being perjured, and becoming guilty of Tyranny and Oppression. No Kings nor Princes can be so indulgent, nor so really fond and ambitious of their People's Love and Welfare as God is of the Love of Mankind; like as a Father pitieth his Children, so the Lord pitieth them that fear him, Psal. 103. 13. testified by his making them a little lower than the Angels, and crowning them with Glory and Honour, and giving them Dominion over the works of his Hands, and by putting all things under their Feet, all Sheep and Oxen, etc. Psal. 8. And indeed the whole Creation, for his own Glory and the good and Solace of Mankind: Did he not command Moses to carry his people in his Bosom, as a Nursing Father beareth his sucking Child? Num. 11. 12. Can a Woman forget her sucking Child, that ●he should not have compassion on the Son of her Womb? yea they may forget, yet will not I forget them, Isa. 49. 15. If God hear but Ephraim bemoaning himself, how passionately doth he expostulate with himself? Is Ephraim my dear Son, is he a pleasant Child? For since I spoke against him, I do earnestly remember him still; therefore my Bowels are troubled for him; I will surely have mercy upon him, saith the Lord, Jer. 31. 20. Doth God who is Lord alone of all the Kingdoms of the Earth make known his excessive fondness of his People by such Bowels of Compassion? How then dare his Vicegerents requite evil for good, contrary to Gods own Commands and Practice, and not seek the Good and Welfare of their People, without having Hearts harder than the nether Millstone. Again, How shall I give thee up O Ephraim? How shall I deliver thee O Israel? my Heart is turned within me, my Repenting are kindled together, Hos. 11. 9 Tho you will neither turn nor repent, yet how shall I give thee up? So desirous is he of his People's Repentance, that he beseecheth them till he is weary of repenting, Jer. 15. 6. even passionately with Oaths doth he expostulate with Sinners, his great Enemies, As I live, saith the Lord, I have no pleasure in the death of the Wicked, but that the wicked turn from his way and live; turn ye, turn ye from your evil ways, for why will ye die? Ezek. 33. 11. Would ye would but consider the price and value of this his fondness, you would never harrass his People as you do; God himself thought it worth the Incarnation of his own Son, by sending him out of his own bosom: and so the Word was made Flesh, Joh. 1. 1. of which God gave abundant and signal Testimony, when he smote Egypt in their First born, and brought oppressed Israel from among them, with a strong Hand and stretched out Arm, and divided the Red Sea into parts, and made Israel to pass through the midst of it; but overthrew Pharaoh and his Host in the Red Sea; who led his people through the Wilderness, and smote great Kings, and slew famous Kings, Sihon King of the Amorites, and Og King of Bashan, and gave their Land for an Inheritance, even an Heritage to Israel his Servant, and redeemed them from their Enemies, Psal. 136. Thus hath God done, and thus will God do when he shall stand up in the quarrel of his Covenant, and arise to shake terribly the Earth: The whole History of the Bible is full of such exemplary punishments, and of frequent delivery of his oppressed People. And as God, so ought all his Vicegerents to be tender and watchful over all their Governed. So Moses, whom Philo reckons among Kings, as doth the Scripture, Deut. 33. 5. And he was King in Jesurun; for though he had not the name, yet he had the Power and Authority; yet even in that Power he was no more Regal then in his Tenderness over the People, which was so great towards them, that at Tabera, because he could not do them so much good us he desired, he besought the Lord to kill him out of hand, Num. 11. 15. At another time he was so concerned with the fear of their destruction, that he requested of God, either to forgive them their sin, or to blot him out of the book of Life, Ex. 32. 32. hereby showing himself, not only the Miracle of Nature, as Philo calls him, but of Grace too, in plighting for them that which was more worth than his life, his very Salvation. So transcendent is the Example of David, who (besides that he urgeth it in most Psalms, the peace of Jerusalem, the salvation of Israel, the Felicity of Gods chosen, the blessing of the people) wrestled with God near the threshing floor of Araunah, (2 Sam. 24 16, 17,) for his mercy and favour towards his People, that he cries out, It is I, even I that have sinned and done this evil, etc. let thine hand, I pray thee, O Lord my God, be on me and my Father's House, but not on thy people, that they should be plagued, 1 Chro. 21. 16, 17. Consider yet farther, how passionately fond God (who is jealous even to fury for the good of his people) hath demonstrated himself for his People, over whom he hath made you his Vicegerents. Did he not send his own Son out of his own bosom, to take on him the form of a servant, and to become obedient unto the shameful death of the Cross, both for them and you? Can Kings than imagine, that if they oppress them by violent perverting of Justice and Judgement, or multiply unjust Exactions, or chastise them with Whips or Scorpions, that they shall escape unpunished? I tell them nay, that except such Kings that so tyrannize, do repent, the time will come that they shall bemoan themselves in vain, when their groans shall be as the groans of a deadly wounded man, and their hopes as the giving up of the Ghost. Was not Christ our Common Purchaser? Did he not take our Rags, our Sores, our Diseases, our pains upon him? Was he not wounded for our transgressions, bruised for our iniquities, that with his Stripes we might be healed? Why do you not then imitate him in being Nursing Fathers, not in name only, but in deed and in truth to the people? and do not oppress and tyrannize over them, in denying them just Rights and Liberties, by condemning many more Righteous than yourselves to Inquisitions, Goals, Galleys, to beg their Bread in strange Countries; Chastising them with Whips and Scorpions, and with divers sorts of Tortures, as grievous as tearing their flesh with the Thorns and Briars of the Wilderness: Consider, I say, well with yourselves, and that in very good earnest, (it being your truest Interest, and of everlasting Consequence, whilst you are on this side Hell and the Grave, in which there is no wisdom.) How contrary do Kings, Tyrants, act and govern to God Almighty, whose Precept and Practice it always hath been, and still is, to do good for evil, and not evil for good, as all Tyrants do. Hath he not mitigated the rigour of the Law, which was once published with thunder, fire, tempest, and darkness, by removing the curse from it, as it was a kill Letter, and Ministry of death? And hath he not published it in the hand of a Mediator? Doth he not woe us by his Spirit, though we resist it? Court us by his Mercies, though we abuse them? threaten us in much Mercy by his Judgements, to forewarn us to fly from the Wrath to come? Doth he not daily cry unto us by his Prophets, though we despise them? proffers to teach us, though we stop our Ears? to lead us, though we pull away our Shoulders? to convert us, though we harden our Hearts? and millions more inexpressible Mercies, showered down daily upon his people committed to your care and charge, manifesting his fondness and tenderness over them; which considered, I cannot but wonder then how his Vicegerents have dared to act quite contrary, by returning evil for good, by violent perverting of Justice and Judgement, and by multiplying unjust exactions on them. Have they made their peace with death? or their Agreement with Hell? can they bribe their Tormentors? or can they dwell with devouring fire, or everlasting burnings? or can they quench the flames of Tophet, which is ordained of old? yea for Kings it is prepared; he hath made it deep and large; the pile thereof is fire and much wood, and the breath of the Lord, like a stream of brimstone, doth kindle it, Isa. 30. 33. Are Kings the Anointed of the Lord, and boast thereof? so are the People; He suffered no man to do them wrong; yea, he reproved Kings for their sakes, saying, Touch not mine anointed, and do my Prophets no harm, Psal. 105. 14, 15. Whoso toucheth them, toucheth the Apple of his eye, Zech. 2. 8. The Lord taketh pleasure in his people, (so should all Kings) and he will put a Sword into their Hands to execute vengeance upon the Heathen, and punishment upon the people; to bind their Kings with Chains, and their Nobles with fetters of Iron; to execute upon them the Judgement written; this honour have all his Saints, Ps. 149. 4, 5, 8, 9 It is Piety alone that ennobles Kings, gives them a mighty Character, and establisheth their Thrones: Therefore Kings ought to be like the Sun in the Firmament, comfortably influencing all their Subjects, by governing justly, and living uprightly, having their Eyes on the faithful of the land, and on them that excel in virtue, and not suffering those that make Kings glad with their wickedness, and Princes with their Lies, (Hos. 7. 3.) to tarry in their sights; it being an abomination in Kings to work wickedness, for the throne is established by righteousness, if Solomon, (the wisest King that ever did, or ever will sit upon a Throne) can judge, Prov. 16. 12. So Pope Leo, Ep. 7. to the Emperor Theodosius, Tune est optimus regni vestri status quando sempiternae & incommutabili Trinitati unius Dei confessione servitur. Then is the State of your Kingdom in it its Glory, when it serveth and acknowledgeth one eternal God in the Immutable Trinity. This God hath demonstrated by an Iliad of Examples, both of old and more puny days, by punishing Kings governing tyrannically, more signally, and especially in Nabuchadnezzar, who not conforming to the Counsel of Daniel, by breaking off his sins by righteousness, and his iniqities by showing mercy unto the poor, was turned into a very Brute, being driven from men to dwell with wild asses, to eat grass with Oxen, till seven times had passed over him, his body wet with the dew of Heaven, his hairs grown like eagles feathers, and his nails like birds claws, before his understanding returned unto him to bless God, and to acknowledge that the most high ruleth in the kingdom of men, Dan. 4. So averred David, a King after God's own heart; Man that is in honour, and understandeth not, is like the beasts that perish, Psalm. 49. ver. 20. What this Understanding is, is declared, Job 28. 28. The fear of the Lord, that is wisdom; and to depart from evil, that is understanding. All other Wisdom, in respect of this, is but Brutish: which made Constantine the Great to esteem all Principalities, not subservient to the Laws of Heaven, to be far worse than the Government of Goat-Keepers, Shepherds, and Cowherds, Euseb. Orat. In the Kingdom of Insidels, who have no right knowledge of God, nor of his Laws, the Supreme Law is only the safety of the Civil State, and its Temporal Happiness: but when a Gentile State becomes Christian, then consequently it becomes also a Church; whereby it loseth nothing which it had before but acquires a new Perfection by accrument of Divine Powers added to the Civil; and consequently a greater Duty incumbent on the Governors thereof, to seek and procure the Welfare and Happiness: Such Kingdoms, so united and so interwoven, are in a more special manner the Inheritance and Kingdoms of our Lord Jesus Christ, which his Father gave him as the Purchase of his bitter Passion; Ask of me, and I shall give thee the heathen for thine inheritance, and the uttermost parts of the earth for thy possession, Psalm 2. 8. And Christ doth embrace the Glory of this his Kingdom, so incorporated, with so much more tenderness and affection, than the Pomp and Pride of all earthly Kingdoms, as that he threateneth those Kings, Nations and Kingdoms, that will not serve him, shall perish and be utterly wasted, Isaiah 60. 12. Speak every man truth in his heart to his neighbour: execute the judgement of truth and peace in your gates: therefore love the truth and peace, Zechar. 8. 16, 19 are Divine Oracles, and shall challenge Obedience from every Individual; but more particularly, and especially, they seem to have respect unto those that sit at the Helm, that execute the Judgement of Truth and Peace in the Gates. It is, no doubt, as great a fault to be silent when one ought to speak, as to speak when one should hold his peace: sins of Omission being no less dangerous than sins of Commission. I think I do no dis-service to the Public, or transgress the duty of Honesty or Loyalty, if I endeavour by Pen to set the Right of Government on a sure and right Foundation, when I see daily so many false Principles, exorbitant Powers, and Vnaccountableness, attributed to Chief Magistrates, as may make very Saints to transgress in Government, that happily otherwise would not; and these not Written by vulgar Pens only, but Preached and Printed by Ministers of the Gospel, that they might be delivered with the better grace and greater authority, though not without most palpable wresting of Scripture to wrong senses and purposes; which in Ministers of the Gospel is the more abominable: but God shall cut off all flattering lips, and tongues that speak proud things, Psalms 12. 3. There are so many Sermons full fraught with such Principles, that they who are esteemed the Governors of our Church cannot be ignorant of them; yet they, (whom it most concerns to take notice of true and▪ false Doctrines) being silent, (which seems to argue consent) hath encouraged me to put Pen to Paper, to assert the truth. It ought not to be imputed as a Crime to any, who bring the Actions of Princes, Popes or Prelates, to the Touchstone of Truth. Truth, (though it begets hatred to the Asserters thereof, yet) like the Sun, is a public good, which neither exempteth Princes, Popes, private Men, no, nor Angels, from her Laws. I have followed, as near as I can, the Beams of that Sun, by adhering close to true Principles of Nature, of Reason, and of Scripture: If any Light I have given hath discovered false Glosses, or Truth from Error, no reason to quarrel either with the Truths themselves, or with the Assertor of them. Truth, seasonably spoken, can hurt no Body. If false Principles are censured and adjudged by Divine by Laws of Nature and Reason, and disapproved by Christian Religion, be pleased or displeased who will, it matters not, the care is taken; It being more than human Tyranny, to deprive Faith and Truth of Tongue or Pen for their Defence: where Truth maketh no distinction of Persons, I dare not; I only condemn what she doth, without respect had to Persons great or small, if they clash with Truth, or endeavour to obscure her brightness. To assert Truth, is no point of Arrogance; and to search for Truth when it is concealed, is the beginning of Charity; and to assert it with constancy when it is apparent, is the consummation of Charity; and to walk in the Light thereof, is the beginning and consummation of Happiness. For who can be more blessed than he who enjoyeth Truth in its Excellency, Constancy, and Immutability? I am not ignorant, that Fear, Honour, and Reverence are due to Magistrates, but more to Truth; for God is Truth. Nor is it Reverence, with base flattery, or ignorant blindness, to hide the public Blemishes and Miscarriages of the Actions of great Men. No, no, it's downright flattering Profaneness, dissembling and betraying the Truths of God. It's much more Christian Honour, to declare them with Christian Charity, and reprove them with Christian Modesty. Thou shalt not hate thy Brother in thine heart: thou shalt in any wise rebuke thy neighbour, and not suffer sin to fall upon him, Levit. 19 17. whether he be of a great or little Figure in the World, it matters not. Go tell Judah of her sins, and Israel of her transgressions, be who will pleased or displeased therewith. By which it appears, that though Reproofs and Admonitions have been the Duty of every person from the very beginning of Religion (Cry aloud, spare not, lift up your voice like a trumpet, (proclaim defiance, sound a challenge, and charge against them;) show the people their transgressions, and the house of Jacob their sins, Isaiah 58. 1.) yet they are seldom or never acceptable; but on the contrary, get hatred to those that discover their Dalilahs, their bosom sins: but their comfort is, that by reproving, they fulfil God's Precepts, and he that hateth reproof erreth, is brutish, and shall die, Pro. 10. 1. 15. Pro. 12. 15. Pro. 10. A most strange and unhappy temper, to return hatred for good will, to hate those that show the greatest kindness that possibly mortal Man can show: he that regardeth reproof shall be honoured, and is prudent, Prov. 13. 18. Pro. 15. 5. He that refuseth instruction, despiseth his own soul: but he that heareth reproof, getteth understanding, ver. 32. As to despise Dominion, and speak evil of Dignities, is a great Crime, to be punished by the Judges; so there is a woe to them who call evil good, and good evil; that put darkness for light, and light for darkness, Isaiah 5. 20. Wherefore if they whose immediate Duty it is to tell Judah of her Sins, and Israel of her Transgressions, will by a sinful compliance be silent, or daub with untempered Mortar, not daring to declare plain Truths; which is tant à monte, a tacit giving consent and countenance to public Sins and Injuries, by such their connivance and dissimulation: I hope they will not blame those who dare call Vices by their proper names. I am ignorant of such quirks of Conscience, which so much injure Justice and Piety, as by such perverting the plain Truths of Religion, and prevaricating with God Almighty, by pleasing Men rather than Truth, as if both might not, and ought not to stand together; as if a due respect to Men, even to great Men, and a just censure of Sin and Wickedness, might not justly be maintained. So that if any thing in this present discourse seem more harsh or severe than usual, it is intended against the Vices and Abuses of the Powers, not against the Persons, nor any just Powers. If they are Truths that I have declared, I ought not to be blamed; if Errors, they'll easily be discovered and refuted, and the greater Truth will appear. If I have committed Errors, and injured Truth, I am sensible of my own Infirmities; and that Reason is seldom so perfectly reduced to Science, but that I and all others may be mistaken: Humanum est errare. Let those that shall discover such Errors consider, that they themselves are Men, and subject to like Errors, and Frailties, and may be deceived; and that possibly when by disquisition a greater Light may discover that that may be the Readers mistake, which he esteemeth may be the Writers Error. In sum, All the Glory of Kings and Kingdoms ought to serve God, (by judging righteously, by countenancing the Faithful of the Land, and not suffering the Wicked to influence their Councils, and by walking wisely in a perfect way, and by hating the Works of them that turn aside, and by not suffering those that have high Looks and proud Thoughts,) as being made choice of by him to administer in his Kingdom, as Nursing-fathers' of his people, Isaiah 49. 23. God, blessed for ever, who setteth up Kings, and removeth them, doth only love the Principality and Kingdom of his own Eternity, and himself continually addeth to the Glory and Enlargement thereof, but willeth and expecteth the same from all Kings, Princes, and Governors of Temporal Sceptres, to do the same, and that under severe Menaces and Penalties. Whatever therefore of Enlargement, Glory, Stability, the carking Cares or Designs of the great Men of the Earth may project and promise to themselves, by being Kings and Princes on the Earth, they are all but magnificum nihil, toys, gewgaws, and vanity in the sight of God, when put into the Balance with that Kingdom which Christ alone loveth, respecteth; and desireth; and unto which, unless they be heartily subservient, to serve and enlarge the Kingdoms of our Lord Jesus Christ, they shall become like the chaff of the summer threshing-floor, and the wind shall carry them away; and the God of Gods, and Lord of Kings, shall set up a kingdom which shall never be destroyed, and the kingdom shall not be left to other people, but it shall break in pieces all other kingdoms, and it shall stand for ever, Dan. 2. 44, 45, 47. If Kings will not kiss the Son, nor do their Duty, in purging the House of the Lord, may not Eliah and the People do their duty, and cast out Baal 's Priests? Reformation of Religion is a personal act that belongeth to all, even to every private Person, according to his place: they may swear a Covenant without the King, if he refuse, and build the Lords House themselves, 2 Chr. 15. 9 and relieve and defend one another, if oppressed; for our Acts and duties of defending ourselves, and the oppressed, do not tie our Consciences conditionally, so the King consent, but absolutely, as all duties of the Law of Nature do, Jer. 22. 3. Prov. 24. 11. Isaiah. 1. 17. & 58. 6. Be wise now therefore, O ye kings: be instructed ye Judges of the earth. Serve the Lord with fear, and rejoice with trembling. Kiss the son lest he be angry, and you perish from the way, when his wrath is kindled but a little: blessed are all they that trust in him, Psalm. 2. Therefore it becomes you, that sit upon Thrones, to observe and obey the true unquestionable divine Lex Regia: to you it is commanded, Deut. 17. 18, 19, 20. viz. to read in the Book of the Law all the days of your lives, that you may learn to fear the Lord your God, to keep all the words of the law and the statutes, to do them: that your hearts be not lifted up above your brethren; (by whom, and from among whom, ye yourselves were chosen, and set in great Glory, Honour, and Dignity: to go in and out before them, judging righteously) and that you turn not aside from the commandment, to the right hand, or to the left: do violence to no man; for God hates the violent man, and evil shall hunt the violent man to overthrow him, Psalm, 140. 11. Be content with your Tribute, and exact no more than what is appointed you by public consent; take care that there be no violent perverting of Judgement; no shamming of Laws, or prevaricating with false constructions of Laws, or by Innuendoes, lest thereby the Lives and Fortunes of your Subjects be taken away: and it shall be your Wisdom, and your Understanding, and all your People will call you Blessed; and it will be your Comfort at the end of your Days (a time speedily approaching) when all Crowns, Sceptres, and Royalties must be resigned to God, the Judge of all Men, when you shall all stand in an equal distance with those you now call Vassals, and use rather like Beasts than Images of God and Christians, before his Tribunal, when no Titles of Honour, no Eminency of Station, no Treasures of Wealth, no Strength of Armies or Dependencies will accompany any of you into the Presence of the Lamb, to stand between you and the Judgement of the great Day: for God is no respecter of persons, and will not be mocked. Be wise now therefore, O ye Kings, even to day, whilst it is called to day, before the irreversible Decree of Wrath be gone forth, and esteem that Lex Regia, all his other Laws, Statutes, and Judgements, more than your necessary Food; and that they may be sweeter to you than the Honey and the Hony-comb, lay them up in your Hearts, and in your Souls; bind them for a sign upon you hands, that they may be as frontlets between your eyes, that you may teach them to your subjects: (as was commanded to Josiah, Deut. 17. 17.) speaking of them when you sit in your houses, and when you walk by the way, when you lie down, and when you rise up; write them upon the door-posts of your houses, and upon your gates, bind them upon your hearts, and tie them about your necks, and make them your continual Ornament, that when you go they may lead you, that when you sleep they may keep you, and that when you awake they may talk with you, and teach you to keep sound wisdom and discretion, that in all your ways and conditions they may be your Safeguards, your Companions and your Comfort. Be wise now therefore, O ye Kings, be instructed ye Judges of the Earth. Let your provident care reach beyond the forecast of the Fool in the Gospel, even for immortality itself; make no provision for the flesh, to fulfil the Lusts thereof, for there is but one thing only necessary. Do not desperately slight and condemn the purity and simplicity of the Gospel, but abstain from all appearance of evil, and resist unto blood, striving against sin: Be not like those Fools that make a mock of sin, and so cursedly cruel to your immortal Souls, as to dote on Mediocrities of Grace, by understanding God otherways then he will be understood, and so delude your own Souls, and be forced at last to sing Lachrymae, when you shall see the poor despised righteous stand in great boldness in the presence of the Lamb, and you yourselves thrust out, with A go ye cursed, and then cry, when it is too late, We fool's counted their lives madness, and their ends to have been without honour, and now how are they numbered among the Children of God, and their lot is among the Saints? Wisdom 5. 1, 4, 5. Break no Laws, nor Covenants made with your People: Consider with what terrible Solemnity God published his Laws and Covenants on Mount Sinai, with Thunder and Lightning, Fire, and Tempest, Smoak and Darkness, with expectation of an exact performance of all his Laws; and though in much Mercy, Pity, and Compassion to us, he hath since removed the curse from it, as it is a kill Letter, and ministry of death, and hath now published it in the hand of a Mediator: And consider withal, that he hath so great a detestation and hatred against sin, that it amazed the very Soul of Christ himself, and made him (who had more strength than all the Angels in Heaven,) to shrink and draw back, and to pray with strong cries and bloody drops against the Cup of his Father's Wrath, and against the work of his own mercy, and to decline the business of his own coming. Now or never be wise O ye Kings, and be instructed ye Judges of the Earth, and consider that what I have written is for the true interest of your immortal Souls, and is of everlasting consequence, and that within a few years, you must bid an everlasting farewell to all your Kingdoms and Glories; that your Winter-houses, and your Summer-houses, that your Houses of Ivory, and your great Houses shall be smitten and have an end; and as you brought nothing with you into the world, so shall you carry nothing out but your own Consciences, which will be as a thousand Witnesses to testify against you, and that Heaven and Hell will divide the whole World; and when God makes Inquisition for blood, he will remember the cry of the poor, Psal. 9 12. and revenge the Persecutions and Blood of his Saints, shed either in War or Peace: Think not more highly of yourselves than you ought to think, but think soberly, that at the day of Judgement you shall have no more favour than the meanest of your Blackguard. Humi-repentis est Indolis nunquam insanire sine timida Apologia, and yet not quite mad, most Noble Kings, Princes, and Potentates; for if you will seriously and Christianly consider your own most true and eternal Interest, and that unum necessarium, (which is and aught to be the greatest and deepest concern of all Princes, as well as of all Peasants) you will find that I have written the words of truth and soberness, and am so far from doing you wrong, that it will lead you to the true way of happiness both here and hereafter, and to give up our Accounts with comfort at the great and dreadful day of Account. Consider how mighty prevalent your Examples are to good or evil, more than Twenty thousand Pulpits: The sins of the Vulgar hurt little by infection, but the sins of the Mighty are pestilential and poisonous. I have done, only beg your favour, that what I have written, I have written as Advisoes and Admonitions, not as Imputations. Hear therefore, O ye Kings, and understand, learn ye that be Judges of the Earth, give ear ye that rule the People, and glory in the multitude of Nations; for power is given you of the Lord, and sovereignty from the Highest, who shall try your works, and search out your Councils; because, being Ministers of his Kingdom, you have not judged aright, nor kept the Law, nor walked after the Council of God. Horribly and speedily shall he come upon you, for a sharp judgement shall be to them that be in high places, for mercy will soon pardon the meanest, but mighty men shall be mightily tormented: for he which is Lord over all shall fear no man's person, neither shall he stand in awe of any man's greatness: for he hath made the small and great, and careth for all alike; but a sore Trial shall come upon the mighty. Unto you therefore, O Kings, do I speak, that you may learn wisdom, and not fall away, Wisd. chap. 1. ver. 1, 2, 3, 4, 5, 6, 7, 8, 9 THE Right of Government, AND JUSTIFICATION OF DEFENSIVE ARMS, etc. THough there can be nothing so exactly, so accurately, so cautiously written, that prevaricating, and searching Wits, and Men of different Principles and different Interests (who take and measure only by their own Plummets and their own Lines) will not quarrel and throw Stones at, when sound Reason and solid Arguments are wanting to refute: Yet I presume to expose my Sentiments concerning Government and Governors, and to run the same fortune and risk with others (not vainly expecting to pass currently without snaps and snarls) laying a very short, but firm Foundation, as a solid Rock, able to bear and justify all the Superstructures which I shall Build thereon, relating to any Form of Government whatsoever; thereby avoiding multiplicity, and ministering less occasion of Disputes, and less Fuel to kindle the fire of Contention, and less scope to pick and make Disputes and Quarrels upon. I shall not particularly meddle with the several Forms of Government, nor how rightly or abusively exercised in any Nation, State, or Kingdom, but shall endeavour quantum in me, to set the Right of Governors and Government on a right Foundation in general, without respect to this, or that Form, or to this or that Nation, Commonwealth, or Kingdom, and without particular Reflections, as much as is possible (unless by way of instance) on any particular Kingdom, or Commonwealth. CHAP. I. Shows the absolute necessity of Government; of what Nature it ought to be; and how Governors ought to behave themselves in the Management thereof. To what Governors Obedience is due. I Shall First show the absolute necessity of Friendly Assotiations and Government. Secondly, Of what Nature it ought to be. Thirdly, Who of right have the Power of Government. It is a Maxim most Christian an undeniable, That pure Religion and undefiled, Holiness of Life and Conversation, is every Man's bounden Duty in particular; and is, and aught to be, the highest of all the Cares and Concerns of all public and private Governors, and Governments in many respects. 1. In respect of gratitude towards God, who hath done so great things for us Men, and for the Eternal Welfare of our Immortal Souls; and who giveth to all Men liberally and upbraideth not, and not only for necessity, but for delight also. 2. In respect of his Almighty Power, who is Lord alone of all the Kingdoms of the Earth, and doth whatsoever he pleaseth in Heaven above, and in Earth beneath, and in the great Waters. 3. In respect that righteousness and judgement are the habitation of his throne, Psalm 97. 2. and he will judge the World with Righteousness, and all Persons with his Truth; and who only can give Peace within our Walls, and Plentiousness within our Palaces: but that only Hypothetically on condition, that our ways do please him. 4. In respect of the great power Religion hath to qualify all unnatural exorbitant humours and passions of Men, even most rebellious against God or Men, and to incline all Governors to Rule with Conscience, and the Governed to obey for Conscience sake. It is no Fanatic whim▪ but a matter of ●ound and undeniable consequence, That all Duties, both of the Governors and Governed, are by▪ so much the better executed, by how much they are the more Religious. For it's not possible, that good Government can continue without good Governors; which being most certainly true, Policy must submit, and be subordinate, and d● homage to Religion. This is more demonstrable in that all good Christians do own these very Truths in their very Prayers; to which the several Liturgies, of several Nations, give abundant undeniable Testimony. Besides, they have God's own Command and own Pattern for such Government, and Governors, viz. H● that ruleth over▪ men must be just, ruling in the fear of God, 2. Sam. 23. 3. Before the Israelites (God's own peculiar People, for whom God has done so much, and showed so many Miracles, by bringing them out of the Land of Egypt by a strong Hand) entered that good Land beyond Jordan, he taught them by his Servant Moses, Laws, Statutes, and Judgements, to govern themselves by, saying, Behold I have taught you Statutes, and Judgements, even as the Lord my God commanded me, that ye should do so in the Land whether ye go to possess it: keep therefore and do them, for this is your wisdom, and understanding in the sight of the Nations, which shall hear all these Statutes, and say, Surely this great Nation is a wise and understanding People. For what Nation is there so great, who hath God so nigh unto them as the Lord our God is in all things that we call unto him for? and what Nation is there so great, that hath Statutes and Judgements so righteous, as all this Law which I have set before thee? Only take heed to thyself, and keep thy soul diligently, and teach them thy Son, and thy Sons Sons, etc. What human Oracles can contrive and dictate better Laws, Statutes, and Judgements, than is commanded in Holy Writ? And therefore greatest prudence and safety to make them their Pattern. But we have not only Divine, but Human Sanctions also for what is averred. That great Prince Augustus was wont to say, That Religion did Deify Princes: And Tully tells us, That the Roman State did increase and flourish more by Religion than by any other means. All the Laws of Solon and Lycurges, of Greece and Rome, etc. come far short of the Laws of God, for the most pure, just, and excellent Government. And whoever shall consult the Ancients of the very Heathens themselves, as Plato, Aristotle, Cicero, and others, shall find that they all centre (be the Form of Government what it will) in just Laws, and just Execution, without creating Subtleties or coining Evasions to shame good Laws, made in simplicity and in sincerity. Thus by Testimony both Divine and Human, Religion is the best and surest Basis of Human Society, Union, Peace, Liberty, Plenty, and distributive Justice to all indifferently, without respect of Persons, high or low, rich or poor. Consider also what Edward I. hath left as a Pattern of good Government, concerning the Office of a King: Rex autem, etc. The King, because he is the Vicar of the great God, is ordained to this, That above all he should reverence Holy Church; that he should govern the Earthly Kingdom and People of God, and defend them from injuries, and should discountenance and dispel all lewd People out of Church and State; which if he do not, the name of King remains not in him. But Pope John testifying he loseth the name of King; to whom Pepin and Charles his Sons not yet Kings, but Princes under the French King, wrote foolishly, complaining, that if so, the Kings of France ought to be content with the Name and Title of King; by whom it was answered, That it belongs to them to be called Kings, who carefully defend and govern the Church and People of God, imitating David King of Israel, Psalm 101. He that worketh deceit, shall not dwell within my house: he that telleth lies, shall not tarry in my sight: I will early destroy all the wicked of the land, that I may cut off all wicked doers from the city of the Lord, etc. The King ought in all truth and sincerity, fully and wholly to observe all the Dignities, Rights, and Liberties of the Kingdom, and to reduce them to their Pristine condition. The King also ought to do all things in his Kingdom righteously, and that by the judgement of the Nobles of the Kingdom; and Right and Justice ought rather to bear Rule in a Kingdom than sinful Wills and Pleasures. Law is always that which doth right, but Will and Pleasure is violence; and force is not right. And much more to the same purpose by Edward the First; to whose Laws also William the Conqueror subscribed, Vid. Lambert. Collect. p. 142. Nᵒ 17. The true Religion of God and honest Conversation (even) of Priests (themselves) is our chiefest care, saith Justinian, Novel. constit. 6. The search of true Religion we find to be the chiefest care of Imperial Majesty, Legum Theodos. Novel tit. 2. the Judaeis & Samaritanis. So Gregory the Great earnestly exhorted Edelbert unto, the first that was Christened of the Saxon Kings in England. For this cause the Almighty God brings the good Princes to the Regiment of his People, that by them he may bestow the gifts of his mercy upon all that are under them. Beda hist. Aug. 32. Consider in the Creation we were all created in Adam equal, and equally innocent and upright, and had we so continued in that state of Innocency, there would have been no need of Empery one over another, every one would have been a King to himself, God and Nature their only Lawgivers: but lapsed Man sought out many Inventions, and broke the Laws both of God and Nature, and thereby provoked God to anger, and to vengeance, and instead of being homo homini Deus, as in their fist Creation and state of Innocency, they soon became homo homini Lupus, which unavoidably introduced a necessity of Government, framed by human Wisdom, that they may not like Brutes devour one another, but live in Unity, Wealth, Peace, and Godliness; that they might have Liberty preserved, Justice equally distribute● Honesty upheld, Religion and Piety maintained and propagated; all which could not be done, when the Race of lapsed Mankind was multiplied, but by Laws ordained by Common Consent, as sociable Parts united into one Body; which Laws, in common Prudence and of right, do bind each to serve other, and all to prefer the good of the whole before what good soever of any particular; without which no House, no City, no Nation can long subsist in any happy condition. For to govern and to be governed is not to be esteemed amongst things only necessary, but as things profitable also for the benefit and solace of all Mankind, and hath its ground and warrant in Scripture, in Nature, in Heaven, Hell, the Creatures, Man's nature and Conscience. In Scripture, by me Kings (and consequently all other Forms of Government) reign, and Princes decree Justice: By me Princes rule, and Nobles, even all the Judges of the earth, Pro. 8. 15, 16. saith Gods essential wisdom, viz. not only by the secret disposition of his Providence, but by the express warrant of his Ordinance; by Divine Institution, not by naked approbation, there being no power but of God, either by his commission or permission: The powers that are (i. e. the several Forms of Government) are ordained by God, Rom. 13. 1, 2, 3, 4, 5, 6. i e. politic Power in general is warranted by a Divine Law, but the several Forms of Government is by the Law of Nations. Princedom, Empire, Kingdom, and Jurisdiction have their Rise from a positive and secondary Law of Nations, and not absolutely from the Law of God, or of pure Nature, which the Lawyers call Secundariò Jus naturale, or Jus gentium secundarium. In sum, Government is immediately from God, but this or that Form of Government is immediately from God, by the Interposition and Mediation of the public consent of Kingdoms and States, and so the application of the Persons to the Office is wholly in the Governed. The several Forms of Government differ not in nature (Morally and Theologically speaking, the end of all Government being the very self same) but only politically and positively: For God appointed not Kings absolute and solely Independent, but constituted with them also Judges, who were equally obliged to judge according to the Law of God. 2. Chron. 19 6. as Kings 17. Deut. 15. and have a coordinate share in the Government, because the Judgement is neither the Kings nor the Judges, but the Lords, and both their Consciences are in immediate subjection to the King of Kings, 2 Chron. 19 6, 7. The persons are sometimes Usurpers, sometimes Abusers of their Authority; as when they tyrannize or oppress; such powers God owns not, the Rulers that he ordains are not to be a Terror unto good works, but to the evil; for they are the Ministers of God to the governed for good, revengers to execute wrath upon them that do evil: To such Rulers we must needs be subject, not only for wrath, but also for Conscience sake; therefore whosoever resisteth such powers resisteth the ordinance of God: And for this cause pay we tribute, but not to those that are a terror to good works, the reason subjoined, is, for they are Gods Ministers, attending continually on this very thing; but if they attend not continually on this very thing, there is no absolute necessary Obligation expressed, incumbent upon us for our Obedience, or for our paying of Tribute, Suit, or Service, but rather on the contrary, It is better to obey God than Man, Acts 5. 29. The same Power St. Peter terms human Ordinances: Submit yourself to every ordinance of man for the Lords sake; whether it be to the King as supreme; or unto Governors, as unto them that are sent by him for the punishment of evil doers, and for the praise of them that do well, 1 Pet. 2. 13, 14. so that S. Paul and S. Peter run parallel to one and the self same Sense, and the Sword in the Magistrate's Hand to revenge, is not a material Sword to hack and hew, kill and slay at pleasure, but the Laws made by the common consent are the true Sword (so Bishop Bilson) to which both Magistrates and People are equally obliged to submit, the Magistrates being but the Conduit and Pipe, the Administrators (not Patrons) of the Powers for the sake of order, through which, and by whom all Laws are to pass and be executed; and by the same Texts they have the like Obligation to praise them that do well, as to punish those that do ill: so David was taught, and practised: I will not know a wicked person, mine eyes shall be upon the faithful of the Land, that they may dwell with me: he that worketh deceit shall not dwell within my house: he that telleth lies shall not tarry in my sight, etc. Psal. 101. 4, 6, 7. In Nature itself are found impressions of this Ordinance. In Heaven, amongst Angels are Principalities and Thrones, Eph. 1. 21. and Michael the Archangel, Judas 9 Amongst the Sphaers, there is a primum Mobile, one first movable Commander of all the inferior Orbs with his Motion. Amongst Stars there are greater and lesser Lights, ●●●ers amongst the rest, the sun to rule by day, and the Moon and Stars by night. Nay so absolutely necessary is Government, that it reaches even to Hell. Devils themselvet have their Principalities, Mat. 25. 41. not only over other Creatures, but respectively among themselves: therefore it is said, the Devil and his Angels, and Belzebub the Prince of Devils, Mat. 12. 24. To say nothing of Brutes, amongst which yet Philosophers have observed a perfect form of Regiment and Polity, among Bees a Commonwealth, Locusts go out by Bands, etc. And see we not plainly, that Obedience of Creatures unto the Law of Nature is the stay of the whole World. In man, if nothing else evince it, methinks that awful submission to Regiment, which natural Conscience suggests to Savages sufficiently proves it. As far as that Principle is heard of, that there is a King of Kings and Lord of Lords: wherever it is known that there is a God that judgeth the Earth, it is known also and received, that there are Nominal Gods on Earth, with reverence, next to the Supreme Majesty to be adored. But above all, natural Conscience, amongst other common Notions, hath received the impression of this natural Principle; how else comes it to pass that (a few extravagant Natures and profligated Consciences only excepted) such awful Submission is found in all, to Men of our own Mould? Yet in our Apprehension, clad with such venerable Majesty, that the guilty scarce behold them without trembling, and the Guiltless yield willing reverence to their Persons; so every way God hath pleased to make known his Ordinance for Government, Magistracy, and Laws. CHAP. II. Shows the ultimate and final end of all Government: Shows the Laws of God and Nature to be the best Guides; and that Covenants made between King and People, are to be kept both by King and People, and the breach thereof alike Penal to King and People; and whoever breaks either Laws or Covenants, they are Rebels to the Laws, and that the People are still the Lords People. HAving showed the absolute necessity of Government, it is requisite also to declare the ultimate and final end of all Governments, which by confession of all, is primarily and especially the Declaration of the infinite Wisdom, Goodness, and Glory of God, propagation of the Gospel, and the good of the Governed, for whose good all things were created: Unto these two all kinds of Governments (how variously soever framed according to the different Modes, Wisdoms, and Understandings of Men and Nations) ought to be conformable. Let Christ be our great Exemplar, who denied himself his own natural will and life, and bestowed himself on us, that we likewise might not seek every man his own, but every man the good of another, employing ourselves on the benefit and service of Church and State, and so grow and be built up together in love, which is the Consummation and perfecting, as of all Saints, so of all Governments. For as God (who is King of Kings, and Lord of Lords, the only Monarch of the World, and whose understanding is infinite) in the Government and Administration of this inferior World, designed his own Glory, together with the Good and Salvation of the whole Race of Mankind; so he expects submission and perfect obedience unto his Laws, Statutes, and Judgements from all Kings, Princes, and Governors, as his Ministers: Be wise now therefore, O ye Kings, be instructed ye Judges of the Earth, and serve the Lord with fear in all your Administrations according to the purport of his Laws, and for the ends designed, lest the sad Fate of Solomon betid you, 1 King. 11. 11. Because thou hast not kept my Covenants, and my Statutes which I have commanded thee, I will surely rend thy Kingdom from thee, and will give it to thy servant▪ Now without all peradventure the Law of Nature is the best and most equal Law, and most fit to be imitated; which being strictly observed, nothing can be wanting to any body, and what every one hath is his own for ever: For as those who preside over Celestial Bodies are blessed▪ and just minds and Spirits, and every one doth most justly govern his own Body; so Nature being derived from those Superior just Souls, keepeth the most just and equal order in all her actings, which she makes known to all the World. Now the nearer all human Laws do come to the Laws of God and Nature, the more certain and the more glorious must their way of living be, who live and are governed by such Laws. Unto these Laws had those ancient Lawgivers respect, which eternised their Names and Memories famous to all succeeding Ages: Above the rest are celebrated the Laws of Lacedaemon by Lycurgus; of Athens by Solon; of the Locrenses (a Town in Italy) by Zalencus; of the Thurii (a City in Greece) by Garondas; of the Getae (a People of Scythia in Europe) by Zamolxis a Scholar of Pythagoras: and Divine Plato commends the Laws of Crete; Isocrates of the Carthaginians; but▪ above all, the Roman Laws, by the Judgement of Polybiis do excel. These Laws of these Lawgivers, though not the selfsame but differing one from the other, yet they all tend to one and the same end, the Peace, Happiness, and welfare of the several Nations and People, though they did not march all in one and the same Road and Path thereunto. The first Law givers had always the Laws of Nature (in which there's nothing unequal to be found) before their Eyes, to imitate and conform to them as near as they could: but when they made Judicial Laws, as they were not all under one Climate, nor sucked the same Air, so they had not all the same Reason, the same▪ Judgement, which made the difference in their Laws; but yet they all tended to the good and happiness of the People and Nations for whom they were made: All right being either from the Law of Nature (which is the Law of God) or from Custom, or from Human Laws. The right of Nature always stands on its own Legs by its self, without the assistance of Custom, or of other Laws, and always points and leads to happy life and condition, which every Man, Society, and Nation might enjoy, if they would but follow her Dictates, and take her for their Guide and Rule to walk by. But above all Laws no Laws like to those of the Almighty, who is the Lord alone of all the Kingdoms of the Earth, for they had respect not to this life only, but to that of a better, even to Eternity, which no other Lawgivers had: therefore Moses exhorted the Israelites, that when they should possess the Land whether they were going, that they should keep and do the statutes and judgements as the Lord had commanded him, and it should be their wisdom, and their understanding in the sight of the Nations which shall hear all those statutes, and say, surely this great Nation is a wise and understanding people: And what Nation is there so great, that hath Statutes and Judgements so righteous as all this Law, which I set before you this day, Deut. 4. 4, 5, 6, 7, 8. Having declared the necessity, usefulness, and benefit of Government, and the final end thereof, it is now requisite to show the true and efficient cause and right of Government, where, and in whom the just right of appointing Governors and Government is undoubtedly inherent and instated. God, beyond all contradiction, reigns by his own Plenipotentiary Power, and doth whatsoevor he pleaseth in Heaven above, and in Earth beneath, and in the Waters under the Earth; Kings and other Governors only precariò, at the good will and pleasure of others; God by himself, Kings by God and the Governed; God by his own Jurisdiction, Kings by deligated Authority from others: the Jurisdiction of God is immense, that of Kings limited: So the power of God infinite, that of Kings not so; the Kingdom of God endless, boundless, that of Kings, limited to certain Regions, and fading. When God sets Kings upon Thrones, he sets them there as his Substitutes to go in and out before his people, and to do Judgement and Justice, 2 Chron. 9 8. and upon condition, that the governed should still be the Lord's people, 2 King. 11. 17. 2 Chron. 1. 10. So that God still remains Lord, and Proprietor of the same People, but sets Kings and other Magistrates over them, to govern and feed them like good Shepherds, not to pill, poll, and flay them; so all good Kings acknowledged, as David, Solomon, Jehosaphat and others: So Nabuchadnezzar, though an Ethnic did acknowledge, Dan. 2. 47. Hence it necessarily follows, that Kings are set over a People to nourish and cherish them as God himself, and not to wrong or oppress them: So Jehojada made a Covenant between the Lord, and the King, and the People, that they should be the Lords People, and between the King also and the People, 2 King. 11. 17. In the Inauguration of Joae, we read of a holy Covenant between God and the King and the people, as it is elsewhere expressed between Jorada the chief Priest, and all the people and the King, that they should be the people of God. So Josiah and all the people made Covenant with God, 2 King. 11. 11. 2 Chr. 23. 13, 16. 2 King. 23. from which is to be understood, that the high Priest in the name of God, covenanted between the Lord and the King, and the People, that they should be the Lords People; and between the King also and the People, that God should be truly and purely worshipped by both King and People of Judah. And was not the King so to reign, that he should suffer the People to serve God according to the Law of God, and the People so to obey the King, that in the first place they were to obey God, and both King and People sworn by Solemn Sacrament, in the first place to worship God, and keep his Laws: matter of Fact doth manifest it: And all the People of the Land went into the House of Baal and broke it down, his Altars and his Images broke they in pieces, etc. and restored the Worship of God; the sum of the Covenant being, that all should worship God, and all should take care that God be worshipped according to his own Precepts and Prescript; which if they did perform, God would be with them and bless them, if not, than he would destroy them. So Moses before his death rehears●th the Conditions of the Covenant made with their Forefathers, and all the Blessings and Curses attending the breach or performance thereof, Deut. 29. 30, 31. commanding them to take the book of the Law and put it in the side of the Ark of the Covenant of the Lord your God, that it may be there for a witness against thee, etc. Deut. 31. 26, 27, 28. After Moses was dead, God himself constituted Joshua to go in and out before his People on the same conditions, Josh. 1. which if they transgressed they should be delivered into the hands of the Canaanites. One and the selfsame Covenant, which was made between God and the People under the Judges, was made under and with the Kings. After Saul was constituted King, Samuel said to the People, Fear the Lord and serve him in truth with all your heart; but if you shall still do wickedly, ye shall be consumed both ye and your King, Josh. 12. 24, 25. thereby showing that God expects as strict performance of his Laws from Kings as from the People. Saul being rejected because he broke Covenant, David was constituted King on the same Conditions; and so Solomon his Son; which Covenant was, That if they and their Children kept his Commandments, and observed his Statutes, they should sit on the Throne of Israel for ever, if otherwise they should be destroyed, 1 Kings ch. 2. ver. 12. 2 Chron. 6. 16. ch. 7. 17. Hence the Book of the Law found in the Temple in the days of Josiah, is called the Book of the Covenant of the Lord, which he commanded his People to deliver to the King, 2 King. 23. 2. Deut. 7. 18. (which Samuel did to Saul, 1 Sam. 10. 25.) and Josiah accordingly did covenant before the Lord: So the Law which was kept in the Ark, is called the Covenant of the Lord with the Children of Israel; who being delivered from the Babylonish Captivity, renewed their Covenantwith God, which they had violated, 2 Chron. 6. 11. whereby it is manifest, that Kings, as Vassals to the Law of God, solemnly swear to be obedient thereunto. We make a sure Covenant, and write it, and our Princes, Levites, and Priests seal unto it, Nehem. 9 38. the breach of which Covenant is a like penal to King and People; which is manifested in Saul, who for offering Sacrifice, and for sparing Agag King of the Amalekites was accounted a Rebel and punished accordingly, 1 Sam. 13. 12, 13. and thereby taught, that Kings, if they break the Laws, are as truly Rebels as Subjects, and that obedience is better than sacrifice: thou hast rejected the w●rd of the Lord and the Lord hath rejected thee from being King over Israel, 1 Sam. 15. 26, 27. which crime doth not terminate only in the Persons of Kings so rebelling, but is extensive also to their Children. So God did rend the Kingdom out of the hand of Solomon, and gave ten tribes to his servant Jeroboam, because he forsook God and worshipped 〈◊〉 etc. 1 King. 11. 32, 33. he breaking his Covenant, God became free and discharged of his promise, and rend his Kingdom from him. The same Jeroboam erecting tw● Calves in Dan and Bethel became ●in unto the House of Jeroboam, even to cut it off, and was first punished by the death of his Son, and then destroyed it from off the face of the Earth, 1 Kings 13. 34. And why? Because they kept not God's Covenant. The Scripture is full of such Examples of the Kings of Israel and Judah. As the Gospel succeeded the Law, so Kings Christian are in the place and stead of Jewish Kings, and are under the same Covenants, the same Pacts and the same Punishments, and the same God is the same Revenger of all Perjuries, and Perfidiousness, and Covenant-breaking. As the Jewish Kings were strictly obliged to the observation of the Law, so Kings Christian to the observation and propagation of the Gospel, unto which they Swear at their Inauguration. Herod (who ought to have advanced the Kingdom of the Lord Christ) fearing Christ himself, as a Competitor for his Kingdom, condemned him to Death. Behold how soon he miserably perished and lost his Kingdom! How soon was Julian the Apostate in despite of all his obstinacy and perverseness, brought to his scornful Exclamation and Acknowledgement of Vicisti Galilae? Histories both Sacred and Profane, Old and New, are full of such fearful Examples, which may teach all Kings and Princes, That though they set themselves, and the Rulers take counsel together against the Lord, and against his anointed (which are his People, Psalm. 105. 14, 15.) yet he that sitteth in the heavens shall laugh them to scorn; and the Lord shall have them in derision, and in his due time, shall break them with a rod of Iron, and shall dash them in pieces like a potter's vessel, and make all their enemies their foot-stools, Psal. 2. & 100 And they shall confess the Lamb Christ Jesus to be King of kings, and Lord of lords; and that they that be with him, to be the chosen and faithful, Rev. 17. 14. It is wonderful and ineffable to consider that the great God of Heaven and of Earth did not create Men only a little lower than the Angels, and in his own Image, and give them also dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over every living thing that moveth upon the earth, Gen. 1. 26. but such was his admirable Love to Mankind, that he hath in some measure given him a share and part with himself in the External and Worldly Administration and Government of themselves, and of the things below, in directing them to a Government according to his own Pattern displayed in the Old and New Testament; and given them Laws to Govern themselves, and Honours, and dignifies them with the Title of his own Lieutenants, and Vice-gerents; nay, of Gods: I have said ye are Gods, etc. Psalm 82. 6, 7. viz. By me King's reign, and Princes decree justice, Prov. 8. 15, 16. who, in the days of the Prophets and since, hath left them unto their own free choice and discretion, still observing his Laws and Commands, against which no Law can have force. And God himself remembering his Covenant, the Word which he swore to a thousand Generations, became a Pattern to all his succeeding Vicars and Vice-gerents to imitate. When he sent Joseph before him into Egypt in his due time, to bind Princes at his pleasure, and teach his Senator's wisdom; when he sent Moses his Servant, and Aaron whom he had chosen to hector proud Pharaoh King of Egypt, and bring out his people Israel with a high hand and stretched out arm, and deliver them out of the Iron furnace and Egyptian bondage: reproving Kings for their sakes, saying, Touch not mine Anointed, and do my Prophets no harm; when he led them through the wilderness, by spreading a cloud for their covering, and fire to give light in the night; when he made the red sea a wall unto them on their right hand and on their left, and at the same time overthrew Pharaoh and all his host in the midst of the same; so that there remained not so much as one of them: but brought Israel forth with Gold and with Silver, and not one feeble person among their Tribes, and gave them the Land of the Heathen for their inheritance, and uttermost parts of the Earth for their possession. Of such vast and near consequence and concern was the Happiness and Welfare of the People of the Jews (though a rebellious generation) unto God himself, that he used ●his Almighty Power, and wrought Miracle after Miracle, rather than not deliver them from the Hands of their Enemies and cruel Bondage. A notable Document to all Christian Kings, who pride themselves and glory in being styled and esteemed his Vice-gerents, to imitate God and his Vicegerent Moses in all their Governments, in keeping Covenants, and being in good earnest Nursing-fathers' to the governed, and carry them in their Bosoms (as Nursing-fathers' bear their sucking Children) and not vex them with their Wyles, nor yet with any Oppressions or Tyranny. CHAP. III. The true Basis and Foundation of all Governments, and right of Legislation, is consent of Parties; who may delegate and devolve the use of their own power on one or more Persons, without divesting themselves of the Supreme Dominion thereof. And that common Good is the main end of all Governments. Kings made by the People. THESE things thus premised, I lay this for an undeniable Truth, as the Basis of all true Government, viz. That (Paternal Government excepted, to which within their own private Family's Nature hath given a Supreme Power throughout the World, even from the first Creation thereof, and have ever been reputed as Lawful Governors therein) no Man, nor any number of Men, can have complete Lawful Power or Authority over any number of society of Men, but by consent of Men, or by immediate appointment of God; which position will justice all subsequent Superstructures; all other Governments being unnatural, violent, and usurped, and therefore unlawful: whereby it is manifest that the whole Right and Power of Government is originally in the Governed, who may transfer, and vest as much of their own Power as they please on one or more Governors, without divesting themselves absolutely of the Supreme Dominion thereof, which still remains virtually in them, they delegating the Use only (not the Patronage and Dominion) of their own Power, for the better Execution, Administration, and Regulation of those Laws which by common consent they should make and choose for the sake of Justice, Peace, Order, and Piety; Common good being the main end for which Societies and Governments were instituted by God and Man, and without they tend unto that end, they are not perfect. And in all such delegations, salus populi, the good of the governed is, and so ought to be the Supreme Law, and is always so expressed, or employed, and so to be undertaken and understood. This is so natural an obligation, that it cannot be dispensed with: And for Governors to procure the good of Commonweals, is but to do their duty: he that is above all, should be best of all, for Example prevails more than Law; and there can be no reason for sin, violence, or oppression. Princes, Councils, Love, and Hate, Must do homage to the Law of State: The People's Safety hath no Mate. So King James of happy Memory in his Speech to the Parliament 1603. When I have done all that I can for you, I do nothing but that which I am bound to do, and am accountable to God upon the contrary. For I do acknowledge that the special and greatest point of difference that is between a Rightful King and an Usurping Tyrant is in this, That whereas the proud and ambitious Tyrant doth think his Kingdom and People are only ordained for satisfaction of his Desires and unreasonable Appetites; the righteous and just King doth by the contrary acknowledge himself to be ordained for the procuring of the Wealth and Prosperity of his People, and that his greatest and principle Worldly Felicity must consist in their Prosperity. If you be rich, I cannot be poor: if you be happy, I cannot but be fortunate: and I protest that your Welfare shall ever be my greatest care and contentment; and that I am a Servant it is most true: that as I am Head and Governor of all the People in my Dominions, who are my natural Vassals and Subjects, considering them in numbers and distinct ranks; so if we will take the whole People as one Body and Mass, then as the Head is ordained for the Body, and not the Body for the Head, so must a righteous King know himself to be ordained for his People, and not his People for him. For though a King and People be relata, yet there can be no King if he want People and Subjects, but there be many People in the World that lack a Head; wherefore I will never be ashamed to confess it my principal honour to be the great Servant of the Commonwealth, and ever think the Prosperity thereof to be my greatest Felicity, 494, 495. The reason is demonstrable, viz. God, not the King, made the People, and those all equally of one and the selfsame Mould, but the People make Kings; Nature was Father to the People, but the People make some of themselves Kings, and are the rightful Patrons of all their Power, Honours, Privileges, and Prerogatives; and therefore as God ordained the Sabbath for man, and not man for the Sabbath, Mark 2. 27▪ so 〈◊〉 ordained Kings and all other Governors and Governments for 〈◊〉 and not Men for Kings. The prospect and foresight of the wise, That to be governed by one Man's Will might become the cause of all men's misery, prevailed with them 〈…〉 and 〈…〉 Laws 〈◊〉 all might see their Duties, and 〈…〉 There are that 〈◊〉 with great 〈…〉 truth▪ that Kings receive their 〈…〉 according to Prov. 8. 15. and not from the 〈…〉 are set, and that they are accountable to non● bu● 〈…〉 on, the just Right of all Pol●●●●k Power, 〈…〉 and of Nature, and of Reason, is originally in the 〈…〉 use thereof from them may be transferred and deligated unto whom 〈…〉 divesting 〈…〉 their Administrator● 〈…〉 them, who deligated it, and to 〈…〉 countable. If such Ass●●tor● 〈…〉 old, when God by 〈…〉 the People had 〈…〉 Prophet's for Rules 〈…〉 much more might have 〈…〉 yet even in those days the 〈…〉 far complied with common consent▪ 〈…〉 change of that Government his own Wisdom 〈…〉 him and his Government 〈…〉 his peculiar People) only because they▪ 〈…〉 King over us, maugre all that Samuel could 〈…〉 as Solomon▪ was dead, all Israel come 〈…〉 King, who refusing to be a Servant to the● 〈…〉 for ever, threatening that his little finger should be 〈…〉 would whip them with Scorpions, etc. they soon 〈…〉 have we in David? neither have we inheritance in the 〈…〉 and see to thine house David, 1 King 12. and then chose▪ 〈…〉 Rehoboam the Son of Solomon. But such choice being now quite out of doors and 〈…〉 the least pretence of Title from such Nomination▪ and therefore 〈…〉 can only be meant the institution of the Office, and not the designation 〈…〉 and cannot possibly be understood any other ways, 〈…〉 instituted, hath, together with other Governments▪ th● 〈…〉 And it standeth sure, that all Royal Power▪ 〈…〉 in the People, as in the first Subject, which they may confer on this or that Man with ●●at imitations they please, and on condition, that if conditions be not performed▪ they 〈…〉 Power they entrusted him withal. And therefore no King can have 〈…〉 so just Powers▪ as from the suffrages of the People: all other Governments 〈…〉 Tyrannies, and continued Injuries, of which the People may ease themselves when they have just reason and a neat opportunity so to do▪ because their just and natural Right is wrongfully invaded; for, that naturally no sort of Men have full and lawful Power to command whole politic multitudes of Men, and therefore utterly without the People's consent they ought not to be at any Man's commandment living. This is plain, and natural reason, and aught to have the stamp of a public Law. Laws positive are mutable; natural not so▪ and therefore these Laws ought to stand unrepealed because they always bind. The Kings of Israel and Jud●● were not so immediately and absolutely from God, as that the People were 〈…〉 excluded from their Right and Power of Electing, and Approving, and 〈…〉 of them▪ that had been to deprive them of that Power that God and the 〈…〉 Nature had given them to Covenant and Agree with them before they would admit of them; that had been to wrong the People, and to bind them up from the use of their reason by Covenanting for their own Happiness, and against Tyranny, in ease they should break Laws and Covenants solemnly made with them by Oath, which cannot be broke without Perjury. By me King's reign, was only an Index and Declaration of God's Will and Pleasure, which doth not take away or destroy the People's Right or Liberty. Saul was not King so absolutely and so immediately from God, that it excluded all Election of the People, but was afterwards chosen by Lot by all the People at Mizpeh. And all the People shouted, and said God save the King, 1 Sam. 10. 17, 24. and afterwards, Behold the King whom ye have chosen, Chap. 12. 23. Did not all the Elders of Israel Capitulate and Covenant with David before the Lord in Hebron, and then, and not till then, anointed him King over Israel? 1 Chron. 11, 13. All the Men of War came with a perfect Heart to Hebron, to make David King over all Israel; and all the rest also of Israel were of one Heart to make David King, chap. 12. 38. Did not all the People of Judah take Azariah (who was Sixteen years old) and made him King instead of his Father Amaziah? 2 King. 14. 21. Did not Jeroboam and all Israel come to Sechem to make Rehoboam King, etc. as before? 2 King. 12. 16. Have not all Nations the same undeniable Right to Capitulate and set Kings over them, and bind them by their own Laws and Terms, and by Solemn Oaths? It is clear, that the Jews in their Sanhedrim Melec, and other parts of their Talmud with the Writers thereon, that it was the Law and Custom of their Kingdom, that their Kings (of the House of David especially) were to be judged as well as to judge. Have not all our English Kings, as well as their Subjects, had English bounds by Laws? (quas vulgus eligerit.) Have not our Kings confessed and owned, that we are not bound to serve them but according to our Laws? And our Allegiance is not Absolute, but bounded and limited by Law. Nay, the old Oaths in Saxon, and first in Norman times, did respect the Kingdom and its common good and profit, to defend the Kingdom with the King. Sicut Conjurati fratres ad defendendum regnum contra Alienigenas & contra injurias una oum Domino Rege, etc. That which is said before concerning the Right of Government, is as justly and as undeniably applicable to the Right of Legislation whereby to Govern; which Power God uncontrollably hath over all the World. And by the Law of Nature, whereunto the whole Race of Mankind is subject, the lawful Power of making Laws to command and govern whole Nations, Kingdoms, and Politic Societies of Men, belongeth so properly unto the same entire Societies, that for any Person, how Mighty, and of what Degree or Kind soever on Earth, to exercise the same of himself; and not either by express Commission immediately and personally received from God, (unto which there can be no possibility of pretence but by Impudence) or else by authority derived by consent, and suffrages of those Nations and Kingdoms on whom they violently impose Laws, it is no better than mere Tyranny. Just Laws therefore they are not, which public approbation by their own consent hath not made so. For what Princes or Potentates soever, Govern they never so wisely, and with never so good intent and design, with never so good success, yet nevertheless they transgress both divine and human Laws if they have not the public Sanction and Stamp of the governed for their right of Governing them. The Will, Pleasure, and Commands of God, are the only perpetual and immutable Rule of Justice, to which all Men, without exceptions, aught to submit and obey absolutely. The Commands of Princes (though his Vice-gerents) are to be obeyed only on conditions, viz. so that they command nothing that is sinful, or contrary to the Law of God, or Nature, or municipal Laws of the Country. Princes that require such Obedience to their Commands, do, as much as in them lieth, make their Thrones equal to the Throne of the Almighty, who never hath given, nor never will, his glory to another, Isaiah 48. 1. The command of Pharaoh, to slay the Hebrew children, Exod. 1. 21. was unjust, and God blessed the Midwives that refused to obey it. So God blessed Daniel and the rest that refused to fall down and worship Nebuchadnezar's prodigious Idol. So Abdias refused to slay the Prophets, contrary to the command of Jezabel▪ but on the contrary, hid them from her fury, and nourished them, 1 King. 18. 13. So Matathias opposed and resisted Antiochus commanding Sacrifices to be offered to Idols. So Christ, and after him the Apostles, preached the Gospel publicly and privately, contrary to all commands of Caesar's, chief Priests, and Scribes alleging for their Justification, Acts 5. 22. Whose examples the holy Marters followed. The Authority of all Magistrates, be it never so great, is bounded and circumscribed by God himself by Piety and Charity: and if they transgress those Rules, the 5. of Acts 22. takes place: lest we be found in the company of those mentioned, Mich. 6. 16. whom God cursed, for that they obeyed the wicked commands of Kings. CHAP. IU. Examination of some different Opinions. Kings, though nominated by God▪ yet had their Confirmation by the People on their own▪ terms; and have a just right to choose or reject, to limit and bond them. HAving thus demonstrated the absolute necessity and profitableness of 〈◊〉 the final end and efficient cause, and just right thereof▪ where▪ and in whom vested; wherein I have not used cunningly devised Sophisms, or 〈…〉 to the custom of some Priests and Jesuits) but plain demonstration of Truth according to the Law of God, of Nature, and of Reason: neither 〈◊〉 I singular in th●se Positions, and Fundamental Basis, and right of all just Dominion, but have followed herein Judicious Hooker, that English Oracle, and Padre Paolo that Oracle of 〈◊〉 and divers others: And whoever will peruse the Collection of the Author's 〈◊〉 Goldastus, or the Avant-Proposdes Lettreses &. ambassade de Missire, Philipe Canays' 〈◊〉 de Fresne, wherein are the Names and Titles of 145 Tracts, wherein you 〈…〉 divers good Authors of the judgement, backed with sound Reasons for such 〈…〉 But because nothing can be so advisedly, so carefully, so punctually 〈◊〉 as to escape the contradictions of subtle prevaricating and perverse wits I shall 〈◊〉 the liberty to examine the different Opinions of some others, and those not 〈…〉 but shall not clog this Paper with many Names, it's enough to name 〈…〉 viz. It's certain that Kings have their Power from none but God: boldly said▪ 〈…〉 be justified by any Law of God, of Nature, or of Reason, it is pure 〈…〉 Doctrine, and diametrically opposite to those who affirm, That all 〈…〉 Laws of God and Nature, is immediately in the Multitudes, as in its 〈…〉 confer the same on one or more, by the same Laws of God and Nature: The 〈…〉 give, is, Obj. That by Nature's Law no Man can give that which he hath 〈…〉 hath just power of his own Life and Death, or Members, therefore much less of 〈…〉 therefore the People cannot establish Government, because they have 〈…〉 or Death, no not of their own, and therefore cannot confer any such power 〈…〉 who gives Life, hath that Power, and they to whom he gives it. Sol. No more hav● Kings without some lawful Power conferred on them so to do; which they cannot 〈◊〉 have immediately from God, and therefore must have it aliunde, viz. from and by consent of others. Hence that Command, Thou shalt not kill, Exod. 20. 13. wh●s● sheds 〈…〉 by Man shall his blood be shed. At the hand of every beast will I require it▪ 〈…〉 hand of man, at the hand of every man's brother will I require the life of man; G●n. 9 〈…〉 Thou shalt not kill, is the general Precept of God and Nature, and obligeth 〈…〉 private Men. And whoso sheddeth man's blood, by man shall his blood be shed; by 〈…〉 is, by the Magistrates, whose Power is here established for shedding the Blood 〈…〉 Murderer's: as the Chaldee expresseth it, saying, With Witnesses▪ by 〈◊〉 of the Judges, shall his Blood be shed; which was one of the Seven Commandments given to the Sons of Noah, which is confirmed by the more particular Laws and Judgements established by God himself, Numb. 25. 9 34. The man slayer shall not die, until he stand before the Congregation (not before the King) in judgement▪ ver. 13. And the Congregation (not the King) shall deliver the slayer out of the hand of the revenger of blood▪ and the Congregation (not the King) shall restore him to the city of his refuge, etc. By which it manifestly appears, That the Avenger of Blood, i. e. the Magistrate appointed for that purpose was to be governed by the Congregation. Here not a word for the Kings in the case, but much for the governed. In sum, Though no particular Man, Kings, or others, have Power to destro●●●●mselves and be guiltless▪ yet the 〈◊〉 People, the Congregation of the governed, by the 〈◊〉 of God and Nature, have a just right to make Sanguinary Laws (observing God's 〈◊〉 to take away any of their own lives, if transgressors: And Kings have no more▪ 〈◊〉 just Right to take away the Life of any Man, but what is deligated to them by public● Con●●●● of the governed, expressed in their Laws: if otherwise, i● they will violently 〈◊〉 ●o take away the life of any private Man, than resistance may by the Law of Nature be made by force. Two striving together cannot both have just Right; but of necessity, that if he that useth force, do it lawfully, the defence must be unlawful: and where the force is unlawful, the defence must needs be lawful: And vim vi repellere, is always to be understood of that force, which is unjustly used. He that doth violence to the life of a man, by man shall his blood be shed, Gen. 9 6. Lawful power of Life and Death, Kings cannot now personally and immediately have from God, and therefore must have it from, and by consent of the governed. And what Powers Kings thus have, the same have all other Forms of Government: Therefore it is easily granted, that Men having no such Power, cannot transfer any such, and that they that do are but felones de se, and sin as much as they that fall on the points of their own Swords; for that which is not permitted to us to do against ourselves, we cannot justly commit to others to do: so that upon the whole matter it is the Law that hath the power of Life and Death, to which both Governors and Governed are alike subject. And they that live under another Government, as most Heathens do, do not live, but languish, dwinder, and pine away. When the People of Israel were governed by Judges about Four hundred and fifty years together, there was no King then▪ yet the Laws against Murder, etc. were put in execution then; and why is it not as lawful now, as then, for any Form of Government (be it Aristocracy, Democracy, or any other Form whatsoever) to execute the Laws (not contradicting the Laws of God and Nature) made by common consent? And without all doubt, those Kings sit surest on their Thrones, and serve God and their Subjects best, that so Reign, and so Govern by consent of the People. So Jepthah by consent of the elders of Israel, was made their head by covenant: and the Lord was chose witness between them, Judg. 11. 6, 7, 8, 9, 10. And so is God still Witness to this day between Kings and their People when they Reciprocally Swear to conditions: so the elders of the tribe of Judah anointed David King over the house of Judah, 2 Sam. 2. 4. which showed their consent, power and interest, though set over them by God's own appointment. So Saul, whom God did choose, yet he sent him to all the People to have their consent and approbation, which they unanimously testified and declared by their general shooting, and crying God save the King, 1 Sam. 10. 24. And all the people made Saul King before the Lord in Gilgal, chap. 11. 15. whereby it is manifestly apparent that common consent hath the approbation of God himself, the Judge of all the Earth, and that therewith he is very well pleased. So when the Elders of Israel came to Samuel to Ramah, 1 Sam. 8. 4, 6. when he was old and not like to live long, and his Sons not walking in his ways, and consequently not likely to Govern as they ought; they desired him to make them a King to judge them like all the Nations. Which thing not only displeased Samuel, but even God himself▪ for that they refused to be governed by God himself, who had delivered them out of the hand of their Enemies on every side; so that they dwelled safely under that Government that God had erected and established: and though Samuel had told them, that the custom and manner of those Kings of Nations (Heathens, and who lived without God in the World, whose Government they were so fond▪ off) was, to take their sons and appoint them for themselves, for their chariots, to be their horse▪ men, and to run before their chariots: And would appoint them captains over thousands, and over fifties, and will set them to ear their grounds, and to reap their harvest, to make instruments of war, and of his chariots. And would take their daughters to be confectioners, cooks, and bakers: and would take their fields, vineyards, and olive-yards, even the best of them, and give them to their servants: And would take their men servants, and their maid servants, and their goodliest young men, and their asses, and put them to his work: and would take the tenth of their sheep, etc. 1 Sam. 8. contrary to the Precepts God had prescribed for Kings to Govern by, Deut. 17. 14, 15, 16, 17, 18, 19 A Government very ill becoming and befitting God's own People and Inheritance. But no sooner had they experimented their new fancied Governments, but they were as soon weary of it, and then perceived and confessed, that their wickedness was great that they had done in the sight of the Lord in ask a King▪ and besought Samuel to pray for them, that they might not die, for that they added to all their sins the great evil to ask a King, 1 Sam. 12. Of such esteem and prevalency is Public Consent, with God himself, that he waved his own Omnipotent Prerogative, to gratify a rebellious and ungrateful Nation, in granting them their desire▪ A Document to all Kings to hearken unto the public desires of their People: And also to consider, that it was a Crime and a Wickedness in those days to set up Kingly Government. Since the Days of the Prophets (which were until John, Luke 16. 16.) It is manifest that God hath devolved the Right of choosing Kings on the People. 1. By his own Precept, Deut. 17. 14, 15, 16, 17. with Instructions whom they shall, and whom they shall not choose, viz. one from among the brethren shalt thou set King over thee: thou mayest not set a stranger over thee, which is not thy brother▪ 2. By the constant practice of the jews under the Prophets, and since. And not without this moral reason, That one from among themselves being by their consent and suffrages set King over them, that what Authority soever they grant unto Kings, they may acknowledge to have had it from the People; and therefore obliged more readily to employ all their times, studies, strengths, and endeavours for the good of them, who set them over themselves to take the burden of the Government upon their Shoulders: and therefore they consent to pay them all Honour, allow them great Privileges and Prerogatives, and give them Munificent Tributes and Maintenance for the Support of them and the Government; and swearing Allegiance unto their Kings, and the Kings swearing unto the People, to keep Faith with them in the due performance and execution of the Laws already made, and to be made. The reason formerly set down doth warrant this, viz. No Man hath or can have any lawful Power to Govern Kingdoms and States, but he must have it either immediately from God himself (which no Man now can possibly pretend unto) or by consent of the Pa●t●●s. The Elders of Israel being the representative (1 Sam. 10. 19) of the whole Kingdom, (for by that name are generally meant Centurions, Captains, Judges, Princes of all the Tribes ●f Israel, etc.) came to Samuel in Ramah, desiring a King to 〈◊〉 in and out before 〈◊〉 like the Nations; at whose instance Samuel did anoint Saul to be their King: neverless, Samuel (that Saul might know that he was chosen by the People) called all the Pe●●● together in Mizpeh, by their Tribes, and by their Thousands, where (as if the farmer Election and Anointing had been insignificant) they cast lots, which ●ell upon the Tribe of Benjamin, and Saul the Son of Kish was taken, and all the People shouted, and said, God save the King, 1 Sam. 10. 17, etc. All which was done at the People's instanced And lest the Election of the King should be attributed wholly to the chance of Lots, all the People, by the advice of Samuel (some few grumbling Dissenters excepted, having said, Shall Saul reign over us? 1 Sam. 11. 13.) went to Gilgal and renewed the Kingdom there, and made Saul King before the Lord in Gilgal, ver. 14. 15. Which manifests, that though Saul was chosen by God himself, and also by Lot, yet was constituted, confirmed, and approved by the suffrages of the People. God indeed (before ever there was a King in Israel) knowing that they would reject him, and foolishly desire a King like all the Nations round about them, prescribed Rules and Laws whereby they ought to Govern, Deut. 17. So David: Samuel (Saul being rejected by God from Reigning over Israel) by God's command anointed David at methlem, whom God had chosen King over Israel. Did David therefore Reign, though so chosen by God himself, and anointed by his own command? No, sure! he was so far from it, that he avoided the presence of Saul, hiding himself from him, and arming himself with the Sword of Goliath, and armed Men, against the evil designs which Saul had against him, and fled from him, wand'ring up and down, and became as it were an exiled and Out▪ lawed Person, and was not King till Saul was dead, nor then neither, until all the People of Judah first chose him King of Judah by their suffrages: And seven years after all the Tribes of Israel, and all the Elders of Israel came ●o Hebron, and made a Covenant with him before the Lord: and then they anointed David King over Israel, 1 Sam. 16. 13. 1 Chron. 11. 3. 2 Sam. 5. 3. Besides, if Samuel's first anointing of David King, had formerly made him King, then either Saul was thereby deposed, or else there were two Kings of Israel at one time (which is montuous to conceive; for, according to their Doctrine, Kings have no Royal Power from the People:) but it is manifest David was not King, for that after his being so anointed, he o●ten called Saul, the Lord's anointed; and that by the Inspiration of God's Spirit. Moreover, he neither challenged, nor executed any Royal Authority till he was crowned King by all Israel at Hebron, but was persecuted and hunted as a Partridge on the Mountains, and that as a Rebel to Saul (of which he acquitted himself, when he had the Life of Saul in his power, and yet would not take it) which he justly might have done had he been really King▪ and it had been a crime in him, being King, not to have executed his Royal Authority, in doing Justice and Judgement, by cutting off Saul a murderer, who killed the Priests of the Lord; especially seeing Saul, according to such doctrine, must be but a private murderer, and David the only lawful King. Whereby it is apparent, that not Samu●●▪ s Oil, but the consent and suffrages of the People, that made both Saul and David Kings. Whereby it is apparent, that though God appointed David to be their King, yet not so Absolute, but that he should be under and subject to agreements with his People▪ and make a Covenant with them on terms, to which he should be obliged to perform with them, as they with him: and this before the Lord; by which Covenant he was obliged to keep within the Boundaries which God and the People had set. So David was twice anointed. 1. By the Prophets by God's command in token of his Election. 2. By the instance and suffrages of the People in Confirmation of his being constituted King by them, 2 Sam. 4. 11. & 5. 13. So it is true, that by God Kings Reign, yet so as not without the People's Consent, Approbation, and Covenants first had, that he may Reign over them for their good. Besides Kings receive not their Kingship immediately from God, nor the Sword, because the People were first girt with the Sword. Moreover will any Christian say that the Kings of Nations (who lived without God in the World) did Rule and Reign by God's immediate appointment? I trow not. The like is observable in Constituting Solomon King, who, though David 's Son, and God chose him to sit upon his Father's Throne, and to be a Father unto him as he had promised David, 2. Sam. 7. 13, 14, 15. And though David had promised his People that Solomon should succeed him, and sit upon his Throne, yet this was not sufficient; and therefore David assembled all the Princes of Israel, and the princes of the Tribes, and the captains of the companies, and captains over the thousands, and the stewards over all the substance of the possession of the King, and of his Sons, with the officers, and with the mighty men, and with all the valiant men which bear any public office, and as it were the representative of all Israel; and consequently had a share in the Government, and in the Election, unto Jerusalem. This great congregation made Solomon the Son of David King the second time, and anointed him unto the Lord to be chief Governor, and Zadock to be Priest, 1 Chron. 28. 1. & 29. 22, 24. Solomon being dead all Israel came to Sechem to make Rehoboam King, 1 Kings 12. 11. 2 Chron. 10. 1. Amaziah being slain, Uzziah his only Son was made King by all the people, 2 Chron. 26. 1. To what tended that saying of Hushai unto Absalon, nay, but whom the Lord and this people, and all the men of Israel choose, his will I be, and with him will I abide, 2 Sam. 16. 18. but to demonstrate that that King is rightly and lawfully constituted King whom the People choose? And all the men of Sechem gathered together, and all the house of Millo went and made Abimelech King, Judg. 9 6. And he that was over the house, and he that was over the city, the elders also, and bringers up of the children, sent to Jehu, saying, We are thy servants, and will do all that thou shalt bid us, we will not make any King: do thou that which is good in thine eyes, 2 Kings 10. 5. And all these men of war, that could keep rank, came with a perfect heart to Hebron, to make David King over all Israel: and all the rest also of Israel were of one heart to make David King, 1 Chron. 12. 28. Several times the making of a King is ascribed and given to the People, viz. Wherefore is it recorded, Deut. 17. 14. when thou shalt say, I will set a King over me, if it were not their Right and Power to make a King? and without such Power, no Law could be imposed on them. Not to make a stranger King, and yet to choose one of their Brethren, is certainly a warrant from Heaven to choose, beyond contradiction. All the congregation made Jeroboam King over Israel, 1 Kings 12. 20. So they have power both to make and not to make a King over themselves; and also to limit and bond their Kings to what conditions they please, or else to fall from them, as the people of Israel did from Rehoboam, and choose another, 1 Kings 12. 19 Nor was Saul himself formerly King as soon as Samuel had anointed him, nor yet because another Spirit was infused in him, no, not until all Israel chose him King at Mizpeh. Jehoash and Jehoiada made a covenant between the Lord, and the king, and the people, that they should be the Lord's people; and between the king also and the people, 2 Chron. 23. 16. By all which it appears, that though Kings were so constituted and influenced by the Prophets from God himself, yet not so absolutely as to exclude common consent, but that they were to be under Covenants and Agreements with the People, whereunto they were equally, strictly, and reciprocally obliged to performance: and that their just right of admitting Governors over them was reserved unto them upon their own Terms and Conditions; even then, and certainly much more now: seeing God doth not now immediately interpose in any such choice, the same right by the Law of God and Nature is so undeniably in them, that it cannot be denied unto them. And all Kings Governing otherwise than by the consent of the People, are but Intruders, Usurpers, and Tyrants. And whoever violates those Covenants, in a high degree, are undoubtedly Rebels to the Law; and whoever commits any unjust force against the Law, the defence must necessarily be just and warrantable before God and Man. Consult profane Histories, and it will be found the Power and Liberty of the People is asserted and defended, and practised accordingly, even among the Heathens: And in all well-governed Kingdoms, the Children did not succeed their Parents, until the People by their Magistrates had de novo invested them by the Diamond and Sceptre. In Christian Kingdoms which to this day Reign by succession, the same is evident. The Kings of France, Spain, etc. are all Inaugurated and Crowned by the Peers, Patritians, and Magistrates (representatives of the Kingdom) no otherwise than the Emperors of Germany are by the Prince's Electors thereof, and the Kings of Poland by the Vayvodes or Palatines. Neither is their Kingly Honour owned in the free Cities till so Crowned, Constituted, and Confirmed; neither was the time of their Reign computed but from the day of their Inauguration; which manifestly appears in the Kingdom of France, and other Kingdoms, where the States often preferred a Kinsman before a Son, a younger Son before an elder: which Kingdom, by the Authority of the People, was translated from one to another without regard had to the right Heir. As to the Franks, before they came into France, it's manifest that their petty Kings were subject to the Ordines Populi, as Julius Caesar testifieth, lib. 5. c. 8. f. 57 De bello Gallico. Whilst Ambiorix & Catileucus Eburonum rex, (i e. King of a People inhabiting between the Rhine and the Mose, the People of Liege or Luke beyond Brabant) in a certain Oration rehearsing the words, saith, That such is his Empire, that the People have not less right against and over him, than he over them. Ut non minus in se juris multitudo, quam ipse in multitudinem. The same also appears by the words of Vercingentorix Arvernorum Rex (a People of France by the River of Loyer) defending his Cause in a public Assembly, as it is recorded by the same, Caesar lib. 7. c. 4. Afterwards the Franks and the Gauls became one, under the name of Francogalli; who, although they chose their King's first out of the Family of Merovey, than out of the Posterity of Charles the Great, and after out of the Successors of Hugh Capet, yet from the beginning they so constituted their Monarchy, that their Kings did not Reign only by the right of Succession, but were also chosen Consensu Ordinum Regni. And such was the Oath of the Franco▪ Galli Kings, according to Aymoinus, lib. 5. c. 23. which Charles the Bald spoke, Quia sicut isti venerabiles Episcopi, etc. Because you venerable Bishops have proclaimed me chosen to the Government for your safety and profit, know ye that I will preserve the Honour and Worship of God, and of holy Church, and of every one of you according to your Ranks and Qualities, and according to my Knowledge and Power will honour and keep safe; And to every one, both Clergy and Laiety, preserve and maintain Law and Justice, that Kingly Honour and Obedience of the People may be preserved and defended, as your Forefathers did to my Predecessors, justly and faithfully. And so the Sons of Pepin, Charles the Great, anno 751. Lewis the Third, and Carloman, anno 768. Bastards to Lewis, and no regard had to the Institution of Lewis' Will, who had named Ends for Regent, and so were both Crowned Kings. Lewis the Idle, Son or Brother to Carloman, takes upon him to be King, but not being acknowledged by the States, as they were ready to dispossess him, he died. Charles the Second, called the Gross, Emperor of Germany, confirmed in the Regency by the States, following the example of the Bastards, is Crowned King, and afterwards was degraded from the Empire and the Crown. Charles the Simple, after Twenty two years, was forced to renounce his Crown, though a lawful King. Lewis the Fourth, his Son, carried into England by his Mother, etc. And Ralf or Raoul, Duke of Burgundy▪ called to the Crown, though an Usurper; after whose death the said Lewis the Fourth, called Doutremer, is restored to the Crown. Lewis the Pious, though the Son of Charles the Great, yet was elected, anno 812. in whose Will (extant in Naucler) Charles the Great besought the People that they would choose one of his Nephews, which they pleased, by the public Council of the Kingdom, and commanded his Uncles, by the public decree of his People, to acquiesce. Hence Carolus Calvus, Charles the Bald, a Nephew by Lodovicus Pius and Juditha, confesseth himself chosen King. Aymoinus Historiogr. 85. From the Merovingiens (being Twenty two Kings) of the Merovees, to the Garlovingiens by Charles Martel, Major of the Palace in name, but King in effect, of which Race there have been Thirteen Kings, than the Crown came to the Capets. In the choice of Pharamont, first King of France, after many Harangues pro and con about all kinds of Government, at last they resolved on Kingly Government, as the best sort of Government, than the Lords, Peers, Magistrates, and chief Captains, as Representatives of all the People, chose him King, and was Inaugurated or Crowned by setting him on a great Shield or Target and carrying him into the Field; where also both the common Soldiers in Arms and the People were assembled, who confirmed and approved the choice by their Acclamations about the Year 419 or 420. And then they did Swear to the King to keep Faith and Allegiance, to Honour, Serve, Maintain, and Defend him against his Enemies, but on condition that he be Religious, Valiant, Just, Merciful, Impartial, Diligent, understanding in management of Affairs, skilful to resist their Enemies, to punish Evil doers, and to preserve the Good, and to defend the Christian Faith likewise. This Mutual and Reciprocal Swearing and Covenanting, equally obligatory on both sides, was the Custom from Pharamont to Pepin: and afterwards in the Race of the Carliens, descended of Pepin, the French of their own free will choosing their Kings, the Crown in those Days not descending Hereditarily. If at any time the Crown came to the Son, or Brother did succeed the Father or Brother, it was not by any right of Inheritance or Succession (to which they could not possibly have any right or pretence by any Law of God or Nature, that wholly depending on consent of Parties to be governed) but only through the affection which the French did bear to the memory of the good King deceased. After Pharamont they chose one Daniel a Monk, whom they surnamed Chilperick, whom for his Debauchery they banished, and chose one Gillon or giles, a Roman Senator or Master of the Roman Militia, for their King; who Governing as ill as Chilperick, they sent and entreated Sigibert, King of Metz, to take the Crown of France, and Crowned him. Les Burguignons and les Austrasiens having made Peace with the other French, chose Clotaire for their King in all the Three Kingdoms, and afterwards chose Childerick King of Austrasie; who delaying to come, they chose one Odon. After the decease of Dagobert, his Son Clovis being young, they chose him: after his decease they chose his Son Clotaire King; who dying Four years after, they chose Thyerre his Brother, whom they afterwards deposed, and chose Childerick in his room. Histories are full of the like examples in other Kingdoms. Afterwards in the Posterity of Pepin, who having been Ten years' Master of the Palace to Childerick, a weak Prince, set up for himself, and by his Power and Artifices, by the help of Pope Zachary his ghostly Father, dispensing with the Oath of Allegiance, which the People had Sworn to Childerick, the last King of the Race of Clovis, whom the People caused to be put into a Monastery. And after the death of Pepin, the French by common consent chose Charles and Carloman his Son for their King, with a charge that they did equally part and share the Kingdom between them. At the end of the Race of Pepin, Lewis King of the Francs being dead, they being willing to transfer the Kingdom to Charles King of Austrasie; or, according to others, Duke of Lorraine: but whilst he deferred his coming, Hugh Capit took possession of the Crown. It is also evident in Story that one King's Son hath been rejected, and another enthroned. For the French not being pleased with the Infancy and Weakness of Charles, Son of Joys de Begue, about Nine or Ten years old, chose for their King Odon, Son of Robert Saxon, which was killed by the Normans in Battle; and that Two years after, they being displeased with the Government of Odon▪ they discharged him of the Government, and set up Charles again, who misbehaving himself was imprisoned; and they put in his place Raoul King of Bourgongue: by which examples it is apparent the Kings of France were Elective, not Hereditary. But after they obtained Hereditary Possession of the Crown, the Custom of the Election by the People (which had lasted long) being laid aside, the Kings were Crowned and Chosen at Rheims by the Peers of France, in the name of the Church, of the Nobles, and of the People. Bernard de Gerard. Sieur Mezeray. Jean de Serres. In sum, All Kings were at first Elected and Chosen by the People: and though now many succeed by Inheritance, as by much the better way, yet that way also is Constituted, Approved, and Confirmed by the People or their Representatives. No Kings drop out of the Clouds, neither do they start out of the Earth; though the People choose the Root, yet do they not so absolutely choose the Stems or Branch, but if they do degenerate, they in Prudence and Justice may make a better choice. The Heirs of such Roots are not so much born Kings as adopted so, not so much Kings as fair Candidates for Crowns. Presumptive Kings only where Succession is not settled by Laws made by public consent. CHAP. V. Some Opinions of Hobs' Machiavil, Pulpits, and others, examined. The People's Power asserted in choosing, refusing, and rejecting Kings, according as they did or did not observe Laws and Covenants. Covenants equally oblige. If broken by one, the other is thereby set free. Usages and Customs of other Nations. Sad examples of Perjury. IT is true that Machiavil, Hobbs, the Pulpits, and others do inculcate, That Kingly Power is so founded by God immediately, that there remaineth nothing human in it, and that public consent is nothing at all requisite, and that Kings are responsible to God only: which is the ground of all Tyrannical, Arbitrary, and Unbounden Sway. For if Kingdoms by common consent can neither set Bounds nor Conditions, nor judge of them when limited to Kings, but must consider them as things merely Divine (the greatest tye in the World) above all human Laws, Consent and Comprehension, than all Nations are equally Slaves, and born to no more Liberty than the Subjects of Rex Asinerum, whose Wooden Shoes and Canvas Breeches proclaim what a blessedness it is to be born under a mere divine Prerogative. But the surest Basis of all right Government is common consent; and the most just and honourable End is common good, and not such a divine Prerogative as none can understand, nor possible for any Mortal to prove. God is not more the Author of Regal then of Democratical, Aristocratical, or any other Form of Government or Power; nor more the Author of Supreme, than of Subordinate Powers: Subordinate Magistrates have their Power as much from God as Kings have, and as responsible to God only as they, and yet their Powers are not beyond human reprimand and determination. Laws are not now to be understood to be any special Ordinances immediately sent from Heaven, as of old by the Ministry of Angels or Prophets: they now can be nothing else amongst Christians but the Pactions and Agreements of such and such Politic Societies and Power; nay, the very Essence of Power is so Originally inherent in the People (that they cannot justly, without injury to God and Nature's Law, divest themselves wholly of it,) and it is nothing else but the Might and Virtue, which such or such a Society of Men contains in itself; and when by such and such Laws of Common consent and Agreement it is derived and deligated into such and such Hands; God confirms that Law, and so Man is the free, natural, and voluntary Author; the Law is the Instrument, and God is the Establisher of both. All other Powers, not derived from common consent of the People, are but Sophisticate and Adulterate in all Princes, and they that embrace such Powers, embrace a Cloud instead of a Juno. The Fountain or Efficient Cause of Power is most certainly in the Governed: And from hence the inferrence is just, That Kings, though singulis majores, yet are universis minores; for if the People be the true efficient cause of Power (as undeniably they are) its a Rule both in Nature and Politics quicquid efficit tale est magis tale. Hence it's manifest, that as the Governed are the efficient cause, so they, and their happy estate and condition, are the final end of all Governments. And it were strange, nay monstrous, that in conferring and deligating their own Power and Virtue to this or that Man, or to these or those Persons, to command in Chief for Order and Regulation sake only, should aim at any thing but at their own Good and Happiness, both in the first and last place. Or to express it in another Dialect, the Public Power and Authority of all Societies, is above every individual contained in the same Societies, of what quality soever, Kings or not Kings. All Imperial and Royal Dignities are instituted by the Commonwealth to preserve itself, and not erected to preserve Royal Dignity otherwise or farther than it conduces to the Honour, Safety, and Happiness of the Commonwealth. And that which is the End, is far more honourable and valuable, both in Nature and Polity, than that which is the Means, which leads us to the transcendent Law of Salus Populi; to which all Imperial and Prerogative Laws are justly subservient: and were they not conducing to those ends, they were neither necessary nor yet expedient. Plea of Force or Conquest cannot acquit Princes of that which is due to the People, who are the Authors and Ends of all just Power, for mere force ought not to alter Laws of Nature, or frustrate the tenor of Laws of God or Man; and if it could, yet there were more reason why the People might justify force to regain their undeniable Rights and Franchises, than the Imperialists might to subvert the same. It being unnatural that any Nation, by its own inherent and natural Virtue and Prowess, should merely establish Tyranny, and countenance Slavery, and to make that which is most Excellent subservient to that which is most Vile, or to advance one from among themselves to the Throne, that they themselves might be brought under Axes and Harrows. Even Heathen Princes, that have been Absolute, have acknowledged themselves Subject and Servants to the Public, and born for that service, as being well satisfied, Populi rem esse non suam. No Captain-General hath such unlimited, and uncircumscribed Power, but that, if he should turn his Cannon upon his Soldiers, they were ipso facto absolved of all Oaths of Allegiance, and bound by a higher Duty, both to God and Nature, to preserve themselves by Resistance and Defence: such tacit and implicit Trusts and Reservations are in all Public Governments, though of the most Absolute Nature; and there must be these necessary conditions, viz. that the Governed be Safe, Free, and Happy. There is in all Laws a literal and an equitable sense. No Government did ever give Power to their Kings for their woe, but for their happiness. If by the Letter of the Law Kings mis-improve their Power against the equity thereof, than they give liberty to the commanded to refuse Obedience to the Letter: for the Law taking abstract from its Original Reason, End, and Equity becomes a Shadow without a Substance, a Body without a Soul; which distinction, if not allowed, the very end of all Laws (which is to minister impartial Justice indifferently to every Man, and to give bounds and limits to the exorbitant wills of Princes and Governors) will be disappointed, Salus Populi being the Suprema Lex. Execution of Laws according to their Equity and Reason is the Spirit; that gives life to Authority, the Letter kills. Equity is so naturally implied in all Laws, that are not merely imperial from the Analogy, that all bodies Politic hold with the natural; whence all Government and Governors borrow a proportionable respect, except we deem Obedience binds Men to cut their own Throats or their Neighbours. For Kingdoms must not be without means to preserve themselves, which always is entrusted in some certain hand with a Power to provide in an orderly way for the good and safety of the whole. All the Privileges, Prerogatives, and Authorities conferred on Kings by any People, are but as so many Trusts reposed in them to improve for the good and glory of King and Kingdom, and not to abuse or use at their own pleasure, what ever the exegency of the Kingdom should be. If that were so, all our Laws would signify little; and therefore if Kings Govern not according to Equity, and the Trusts reposed in them, that Nation, or its Representatives, may demand an Account and Redress: For Kingdoms by no Law of God or Nature are to be left without a power and means to preserve themselves. The Charter of Nature entitles all Subjects of all Countries to safety and freedom by its Supreme Law. If Kings receive all Royalty from the People, and for behoof of the People, and that by a special Trust of safety and liberty expressly by the People limited, and by their own Concessions and Oaths ratified (as for certain they do) than Emperors and Kings cannot be said to have so unlimited and high a property in our Lives, Liberties, and Possessions; or in any things else appertaining to their Crowns, as the Governed have in their Dignity, or in themselves. The safety of Kingdoms is to be valued above any right of any Monarch, as the end is to be preferred above the means. It is not just, nor possible for any Nation so to enslave itself, to resign its own Interest to the will of one or many Lords, as that they may destroy or abuse it without Injury, and yet to have no right to preserve, or right itself: For since all natural Power is in those that obey, they which contract to obey to their own Ruin or Slavery, or having so contracted, they which esteem such contract before their own preservation, are felonious to themselves, and rebels to Nature. Livy lib. 1. ab. V. C. describing the beginning of the Roman Kingdom, Records, that among those Hundred named Kings after the Death of Romulus, who succeeded and governed that People successively, That if they did not please the People, it was ordained by common consent, that the People should choose their Kings, and that the Authority of the Senate should confirm them. It's manifest that Kings being set up by the People on conditions, which if they perform not, the People being Convocated according to their distinct Orders and Ranks, by the same Authority they had to set up Kings on Terms and Conditions, by the very selfsame Authority they may curb and dethrone them; which they made good against proud Tarquin their last King. Moreover Seneca observes out o● Cicero de Republica, that Appeals do lie from the King to the People, (as in the case of Horatius that killed his Sister, who by Delegates, appointed by Tullus Hostilius the King, was condemned, yet was afterwards absolved and quitted by the People.) Dionysius testifies the same, that Romulus, when he consulted about settling the Kingdom, did declare, That the King was the keeper of the Laws, yet in the mean time, that the Power of creating Magistrates, making Laws, War, and Peace, was still left with the People, as inherent in them. Populi suffragia sunto: Magistratus creanto: leges sciscunto: pacem bellumque jubento. Calv. 985. Which farther appears by the History of Collatinus, who first was Consul with Brutus, that the People (by which Title is understood the Plebeian State, which now is called the Third State, as among the Romans, viz. Patrician, Equestrian & Plebeian) had the same Power against the Consuls, although they had the Supreme Power when there were no Dictator's. To this Livy lib. 2. ab. V. C. gives Testimony. Timens the Consul fearing to be called to Account at the end of his Consulship, quitted it: But Collatinus the Consul, though accused of no crime, yet being of the Name and Family of the Tarquins, was suspected and removed by the People. Hence it is easily gathered, that the People would much more use their Authority on any Consul, if criminally accused, although by the Law they were not to be questioned till their time was ended. It's true, after the Decemvirate was constituted (which was Anno 302.) no Appeal did lie from them to any other Magistrates: But when they alternately Governed, it was lawful to Appeal from the Judgement or Sentence of one to the Judgement and Sentence of another. So far unpleasing was an unlimited Power to the Romans, that at last the Decemvirate was forced to quit their Power. It's true, no Appeal lay from the Dictatorship, but that Power was never erected but in very perilous times, and extreme oppression necessitating, and lasted but a very little while. Cal. 1050. Semestre scilicet. And (which is yet more admirable) if at any time an Appeal to the People, from the Supreme Power of the Dictator was brought, he of his own accord consented: As may appear by the Transactions between L. Papyrius Dictator & 2. Fabias, Anno ab. V. C. 429. Tho' Julius Caesar violently obtained his Power over the Romans, yet would seem and did pretend to have had all his Dignities and Gifts, according to the ancient custom from the People; for which Usurpation he was afterwards slain. So Augustus, no Heir of the Empire, but adopted by him to be his Successor, pretended that he was of right chosen by the consent of the People: Neither did Tiberius by any other way succeed him: and after him Caligula was chosen by the consent both of the Senate and the People; but Claudius first obtained the Empire and the Military Power by Bribes, but did not govern without the consent of the People. Nero having poisoned him, succeeded him, and reigning tyrannically, the Senate resumed their Power (which had a long time slept) condemned him as an Enemy to the Roman State: By all which it appears, that Caesar's becoming Tyrants, may lawfully be resisted and censured; and though their Empire seem very large by the Lex Regia (made for Augustus and confirmed for Vespasian,) yet it was circumscribed and limited; neither was it approved of without exception, as long as there were places for Law and Equity. So the Athenians, when they changed their Democracy into an Aristocracy, they set over themselves, first Thirty, than Ten, who abusing their Poower, they soon removed and punished them by the same Power by which they created them. The Lacedaemonian Kings having been wont to be chosen out of the Family of the Heraclides, which Lysander endeavoured to have altered but could not, Plutarch: their Kings being chosen on Terms and Conditions, the People appointed certain called Ephori, to be a Bridle to them. These Ephori sometimes deposed, banished and beheaded, till at last Cleomenes the Tyrant traitorously slew them all. Zenophon records of the Lacedæmonians, that both the Kings and Ephori were wont every Month mutually to swear to each other; these in the Name of the People, and the King in his own Name, That he would govern according to the Prescript of their Laws, and that they would keep the Citizens true to him, if he kept his Oath. This was the Right, Power, and Practice of the Heathen, of which more hereafter. Let us now consider the State of the Israelites, the most perfect Government in the World, if they would have been contented with it; for they had God for their only Monarch, not only because he was Lord of the whole World, but because he chose them to be his peculiar People, in that he gave them Laws by Moses, and gave them the promised Land by Jeshua, who governed them by Judges; at which time the Government was Monarchical, though by the Ministry of the Judges; which if Kings would now imitate and govern accordingly, there would be no need of these Disputes, as it is now most necessary. Tho God appointed David King, yet he was to be chosen by the People, 2 Sam. 5. 1. So Solomon, 1 Chron. 29. 22. and though the Crown of right did belong to David's Family, yet the People did choose which of the Family best pleased them, and that by a double Obligation, as may appear by the History of Joas, 2 King. 11. 4. and 17. For the King and the People by a Solemn Oath, did promise to God, that they would keep his Laws both Ecclesiastical and Civil. Afterwards there was another Oath between King and People, at which time there was a Right in the People (i. e. Ordinibus Populi) to call him to Account, whom they had ordained King if he performed not his Duty. Which is made out by Examples. If it were lawful for David to defend himself from the Tyranny of Saul, and for the City of Libnah (the City of the Priests and inferior Magistrates only) to withdraw themselves from the Obedience of Joram (the sixth Successor from David) because he had forsaken the Lord God of his Fathers; which City belonging to the Priests, it is very apparent that their case was far different from that of the Idumaeans which happened at the same time, under the same King; for it is not likely that the Edomites withdrew themselves from the Subjection of the Israelites, that they might serve God whom they never served, but hated him and the Israelites, but desired to free themselves from their Subjection. But the Priests and Inhabitants of Libnah, not being able to serve two Masters, God and the Tyrant, threw of his Yoke, that they might the better serve God; will it not naturally follow, that the States of a Kingdom may lawfully defend and free themselves from Tyranny? The Fact also of the Rulers over Hundreds, with the Captains, by the Advice of Joida against Athalia, and of the Israelites against Amasia, 2 King. 14. 19 whom they slew, which was not seditiously but lawfully done, for it is no where said that Amasius was slain by his Servants, (as it happened to his Father Joas, and to Ammon the Son of Manasses) but by the common consent of Jerusalem, and that not treacherously (the end of most Tyrants) but by public force, and public Authority; not tumultuously, but after he had fled to the City Lachish, from whence his Body was carried to the Sepulchers of his Fathers; which is confirmed, for that after his death, we do not read of any Inquisition made how he came to be slain, or that any Body was punished or called in question for it, either by the People, or his Children (as there was for Ammon and Joas, 2 King. 12. 10. & 14. 5. & 21. 24.) but on the contrary, in respect to Kingly Dignity and his Father's Family, they chose Azariah his Son King. Hence we may conclude, that the chief States or Ordines of Jerusalem had a rightful Power to choose a King out of the Family of David, whom they pleased, and when elected, him either to eject or punish according as he did or did not observe the Laws. So the Danes dethroned and imprisoned Christiern their Tyrant King till he died, and chose his Uncle in his room. It is not unknown how Gustavus Erickson freed himself and his Subjects from their Subjection to the Danes, and also how they kept their King Captive for Malegovernment, which they translated to his Brother. To say nothing of England and Scotland, Poland keeps its ancient Right of choosing their Kings on certain Terms and Conditions, with this Salvo, That it may be lawful to be quit of their Oath if the King keep not his, as it may appear by their Election of Henry, Brother to the King of France, which agrees with Bishop Valentine, Procurator for the King in that Election, who in his Oration to the People, publicly made and printed, commended them for that they did limit and circumscribe the Power of the King by wise Laws. So the Venetians, whose General Council hath Authority of choosing their Duke, reserving Power to themselves of deposing or punishing them if he endeavour or do any thing Tyrannically. So the Venetians constitute their Duke, not as an Idol, but as a Prince and Monarch, from whom, without any danger of Tyranny, all the Lawful Privileges and Prerogatives of Kings do issue and flow. Now as their General Council have all the Authority of choosing him (observing their ancient Rites and Customs used therein,) so the same Council retain to themselves the Right of deposing, or punishing him if he govern Tyrannically; without which Power all the rest would signify little. So consider that Wise and Prudent Nation of Spain. In the Fourth Council of Toledo, cap. 74. held 1144. according to Sigibert's Computation, and consisted both of ecclesiastics, and of the States of that Kingdom, it is thus recorded, viz. Nullus apud nos sub presumptione regnum arripiat, etc. Let no Man presume to take upon him the Government of this Kingdom, no Man move or stir up Sedition among the Citizens, no Man design the Destruction of the King, but when the King dies, let the Princes and Peers of the Nation, with the Priests, constitute the Successor in Common Council; that whilst Unity and Concord are preserved amongst us, no Discord may arise: But if this Admonition do not quiet our Minds, and move our Hearts to endeavour the common Good, then hear our Sentence: Whoever of us, or of all the People of this Nation, shall by any Conjuration or Study, violate the Sacrament of his Faith or Allegiance, (which for the State of his Country and of the Gothick Nation, or for the Preservation of the Welfare of the King he had promised or plighted) or shall compass the King's death, or divest him of his Power, or by any Tyrannical Presumption, shall attempt or usurp the Crown, Let him be Anathema, Accursed in the sight of God the Father and his Angels, and from the Catholic Church, which by Perjury he hath profaned, and from all the Company of Christians, with all his Associates in iniquity be for ever debarred; because it must needs be, that the same Punishment is due to all the Complices and Companions in the same Crimes; which we again the second time repeat, Quod iterum secundo replicamus dicentes quicunque à modo, etc. And therefore may it please all here present, by your consent, to confirm this Sentence the third time, by the Universal Clergy or People it is pronounced, that whoever shall presume against this our definitive Sentence, Let him be Anathema Maranatha, i. e. Accursed at the coming of the Lord, and that he and his Fellows may have their Portion with Judas Iscariot. Amen. Wherefore we admonish the whole Church of God and the People, that no Man presume to condemn this dreadful Sentence, but that they keep their plighted Faith towards our glorious King Sisenand, etc. And we humbly require thee our present King, and all future Princes, that you be moderate and mild towards your Subjects, and that you govern them with Justice and Piety, and that none of you in your own Person give Judgement on any Captive or guilty Person, but that it be done by the public Judgement of the Judges appointed thereunto, using both Severity and Indulgence with great Wisdom and Moderation; that whilst a pious Temper is used by us all, the King may rejoice in his People, and the People in their King, and God both in King and People. And concerning our future Kings we pronounce this Sentence, That if any of them contrary to the Reverence of our Laws, by Regal Haughtiness and proud Domination shall treat us Tyrannically, Anathema sit, Let him be accursed from Christ, and be separate from God, for that he presumed to bring the Kingdom into trouble and distress. De Smithilane vero, etc. As for King Smithilane, who being guilty and sensible of his own heinous Enormities and Wickednesses, deprived himself of the Kingdom and laid down his Royal Ensigns, and we decreed with the consent of the Nation, that neither he, nor his Wife, nor his Children for his Tyrannical Government, should never be joined to our Society, neither would we at any time promote them to Honour or Dignities. This is a singular and excellent Example, to which we may add a another Decree of the sixth Synod, Toledo, cap. 3. In which, after the Statute of banishing the Jews, it is said, That in vain they did ordain good Laws, except they did also provide that they should be kept. Therefore afterwards if the King, having the Reins of Government, do violate the Observation of his Faith promised, Let him be Anathema Maranatha in the sight of God, and made Fuel of Eternal Fire, and whoever else, Priest or Christian shall comply with him in so doing. By which it is plain what Power the States of that Kingdom have over their Kings if they violate their Oath, when by the Feudary Right (which comprehends the Kingdom) a Vassal or Slave owes no Service to his Master, if excommunicated, but is free from his Oath of Fidelity, lib. 2. Feud. tit. 28. §. 1. v. de Jure Magstr. p. 67, 68, 69. Take here also the ancient Form, whereby the Kingdom of Arragon did oblige their King, not only at his Inauguration, but iterated it also in their Triennial Conventions, in which the King was present, that he might receive his Power from them, and they theirs from him; where after many Ceremonies performed and passed, between that which is called the Justice of Arragon (which represents the Person of the Supreme Power, and to which the King by Oath is obliged to submit) and the King himself either to be created, or already created. Formula qua Hispaniarum reges inaugurantur. Nos qui volemos tanto comme vos, y podemos Mas que vos Elegimos Rey: con est as y est as conditiones intra vos y nos, un que manda mas que vos, i. e. We that are as great as you, and can do more than you, choose you King on these and these Conditions between you and us, and one can command more than you: By which you may see that that wise and Prudent People, do honour their Kings as they ought, Ibid 71, 72. If we consult the Empire of Germany, what Power the Prince's Electors have there, it is manifest to all the World both in choosing the Emperor and deposing of him, as it happened to Adolphus Anno 1296. and to Wencesla●s Anno 1400. Emperors; for there was such an Oath, whereby their Caesars were bound and obliged, as is described in a Treatise entitled Speculum Saxonicum, lib. 3. § 54. For when the King is chosen he is obliged by Oath to perform Faith and Homage to the Empire, and promise that with all his might he will promote the Administration of Justice, and punish all Injuries, and by all endeavours maintain the Rights of the Empire. Now, that they that had power to choose them Kings, had power also to curb and punish them, is manifest by undisputable reason and matter of Fact. Ejus est tollere, cujus est ponere. Childerick was expulsed, Anno 361. and Gilo substituted, who was not of the Family of the Meroves, and Chilperick Anno 578. and Theodorick Anno 667. Moreover Anno 890. the States neglecting Charles the Son of Lewis Balbus, chose Euden alias Oden, to be King. We read also that Hugh Capet cheated Charles the Brother of L●thari●s whilst he neglected the Government. In short, if the Kingdom of Fra●cegalli had no Power to choose, than neither Pepin nor Capet had any right to the Crown, there being no want of Heir Males of Merovey when Pepin usurped the Crown; nor were wanting Sons of Charles the Great when Capet challenged the Crown. How great the Power of the States (ordines regni) of that Kingdom in the first Constitution thereof was, and how long it continued so, and how the Face of that Government is now altered and degenerated into Tyranny, Histories are full; which no Prescription of what date soever, by any Law of God, Man, Nature or Reason can justify, it being contrary to the Solemn Oaths they take at their Inauguration, which justifies all the rest. It was but about Anno 1380. that the States of that Kingdom canceled and made void the Will of Charles the Fifth, surnamed the Wise: and but Anno 1467. when Lewis the XI. (endeavouring to turn that Monarchy into Tyranny) was deservedly impeached for Malegovernment; and therefore the States being assembled at Turin they appointed Thirty Curators (alias 20. 16.) by whom he should be governed; but he soon got quit of them, because (under pretence of the Idol Claronensis, which he worshipped with great Superstition) he slighted and ridiculed all his Oaths and Promises, but with so much unsuccessfulness, horror, and unquietness even to his death, that he sadly experienced which was the better and more happy Condition to be loved or feared of his Subjects. Take the sad Example following of Perjury: Charles VII. whilst yet the Dauphin most wickedly caused John the last Duke of Burgundy, of the Stock of the gallic Kings to be miserably slain in his presence, contrary to all Faith, Peace, and Friendship plighted unto him a little before, near Melo dunum, i. e. Melun. This Perjury was afterwards expiated by the death of many Millions of Souls, almost to the subversion of the Kingdom; and Charles himself the King reduced to that misery, that he was disinherited of his Father, and saw his Capital Enemy Inaugurated by the Kingdom at Paris, and from thence was rather Rex Biturigum, i. e. King of a People of Aquitane, inhabiting Bourge, than King of France: at last was forced to redeem his Peace on shameful and dishonourable Terms, as may appear in a treatise Apud Atrabates with the People of the Province of Artois; in which (the King himself treated with Duke Philip, Son of the said murdered John his Subject) this Clause was expressed, to which the King himself did assent, and by his Diploma approved of it. Which Transaction if violated by him, all his Subjects, Feudataries, etc. both present and to come, shall neither obey nor serve him, but shall rather be subject to obey the Duke of Burgundy and his Successors. Such was the issue of the violation of Royal Faith plighted. And may not all Kingdoms expect the just performance of their Oaths and Stipulations made by their Kings at their Inaugurations, who are thereby made the Keepers and Protectors of their Laws? And what better Issue can any Kings expect that violate their Oaths and Trusts, though by Wiles, and sham's, and Royal Influences only on Judges and other Officers of their Kingdoms, through whose Hands the management of Laws do pass Judges, Sheriffs, Justices of the Peace, Constables, Privy-Counsellors, Juries? etc. In sum, The chief Empery is so in Kings and other Supreme Magistrates, that if they transgress the Laws and turn Tyrants, and will not be governed by just Laws, unto which they have Sworn, it is the just right of Inferior Magistrates, and Ordines regni to hinder their Tyranny, and reduce the Government to its Pristine State and Condition. And in so doing they are so far from being seditious or rebellious, as that they do but their Duty to God and their Country, as by the above-recited examples appeareth. The truth of which appears by many reasons. 1. By the Law of Nature (on which depends the preservation of all human Societies) of which there can be no doubt. In all Pacts and Contracts mutually made and consented unto, the same Parties by whom the Obligation was made, have the same Power to dissolve the same as often as just Reason shall require. So they that have Power to create Kings, have Power also to curb and censure them. So if the Essential Conditions of the Contract, for which the Contract was made, be manifestly violated and broken, the Contract (as between Rahab and the Spies) is absolutely void. Let those that hold Kings accountable to God only, show if they can, any Nation so foolish and unwise, that willingly and wittingly, without force or fear, ever submitted so absolutely to any King or Government, that they did not expressly or tacitly provide for their own safety and good, by observance of their own good Laws. It a Conqueror oblige the conquered by Oaths, then according to the Civil Law, that those that are extorted by force and unjust fear ought not to be accounted Lawful. I confess the Pulpits Preach a contrary Doctrine; but it is not possible that irreligious or unnatural Conditions, got by force, unjust fear, fraud, or wicked practices, should be binding or esteemed as Lawful, it being a general Rule of right and just founded on the common Principles of Nature, so firm and jure, that nothing that is manifestly adverse and repugnant to the Laws of Nature, can be held for right and just amongst Men. This is generally to be understood of Pacts manifestly unjust or irreligious, which no Man can justly require, nor any Man justly submit unto, though required. Such was the reproachful condition required of them of Gabesh Gilead, by Nahash the Ammonite, that he might thrust out all their right eyes, 1 Sam. 11. 2. Such and worse was the condition required by Antiochus (the cruel Tyrant) of the Citizens of Jerusalem, viz. that they should abjure the true religion, 1 Macc. 1. 51. In such cases where the conditions of Temporal estate are only heard, and Religion not concerned, it is better to have respect to their Oath than to their Lives: But when Religion is concerned, Oaths must be very strictly observed. Though all God's Covenants and Promises are Yea and Amen, yet are they all tacitly or expressly conditional; so that if they keep not Covenant with God, God will not keep Covenant nor Promise with them. So, though God did solemnly swear unto the children of Israel, that he would bring them into that very good land that floweth with milk and h●●y, yet suffered he none of them to enter but Caleb (who was of another spirit;) and Joshua; doubtless ye shall not come into the land, concerning which I swear to make you dwell therein, Numb. 14. 30. and ye shall know my breach of promise, or altering of my Purpose, verse 34. I the Lord have said, I will surely do it unto all this evil congregation that are gathered together against me, verse 35. and that justly, because they first broke with him, Nehem. 9 16, 17, 18. there being always some tacit or explicit condition expressed or implied in all such Promises as well as threatenings: Therefore as to one and the other God hath given us this general Rule, not only with particular Persons, but with Nations, Jer. 18. 7, 8, 9, 10. At what instant I shall speak concerning a Nation, or concerning a Kingdom, to pluck up, and to pull down, and to destroy it, if that Nation against whom I have pronounced, turn from their evil, I will repent of the evil I thought to do unto them: So when ever I shall speak concerning a Nation, and concerning a Kingdom, to build and to plant it, if it do evil in my sight, that it obey not my voice, then will I repent of the good wherewith I said I would benefit them, i. e. will not do it. Whereupon St. Jerom saith, Non ergo quod pollicetur Deus statim futurum est, sed in eos sua promissa implet qui custodiunt manda●a illius. Covenants and Promises on Conditions are equally obliging: whoever fails, the other is free. It is the same amongst Men that are in mutual Stipulation and Covenant, whoever first breaks Covenant, is a Rebel to the Law, and the other is ●r●e. For which cause God blamed and punished Zedekiah (the last King of the Family of David) for that contrary to his Oath he fell from the King of the Chaldeans. As I live, saith the Lord, surely in the place where the King dwelleth that made him king; whose oath he despised, and whose covenant he broke, even with him, in the midst of Babylon, he shall die, Ezek. 17. 16. ver. per 110. And Zedekiah, not only by his Oath, but by the express Command of God, he and his were to be subject to the King of Chaldaea; which circumstances made Zedekiah guilty of that Defection, and of Perjury. I like not that Subjects should on every breach of Oath withdraw their Obedience, and depart from their Oath; neither do I approve of that Proverb, Fragenti fidem, fides frangatur cidem: but on the contrary, do deem it unlawful to break Faith justly plighted; but I do deny that Subjects do violate their Faith against Tyrants, if they keeping within their own Bounds and Province, do use their utmost to make Tyrants keep their Conditions agreed on, and hinder them from breaking of them: For the Rule is general, That Contracts and Covenants (either plainly expressed, or tacitly to be understood) are broken and dissolved by him who violates them, and not by him who was obliged only on Conditions, and thereby becomes free of the Obligations not by his own Acts, but by him who first broke the Conditions. Therefore Supreme Magistrates, becoming Tyrants by their own Perjury, and breaking their Covenants, do free their Subjects from their Oaths and Allegiance, and not the People, when they deservedly make use of their Power to curb th●m, and to right themselves. That Kings should not be obliged by Law, is contrary to all the received Opinions and Sentences taken from the right of Nature, by the most profound and judicious Lawyers. Eos qui leges ferunt, legibus quoqu●●btem●●rare: & quod quisque juris in alium statuerit, ipse ut codem jure utatur: & nihil ●●perio magis conducere, quam ex legibus vivatur: dignam denique vocem esse, Principem leg●●us ●●se ●ubd●tum pr●fitert? Itaque quod alibi à Juris consultis dici videtur. Principem esse supra leges, aut Principem à Legibus s●lutum, non nisi de legibus civilibus, deque particulari privatorum jure est intelligendum: verbi gratia de testamentis, de detractione Trebellianae, aut Falcidianae: non autem de Jure public●, & ad statum, ut dici solet, pertinent●: mulcoque minus de jure naturali, aut divino: cui quum on●●es & singuli homines subjiciantur quatenus homines nati sunt: omnino efficitur, aut Reges homines non esse, aut illos hoc jure teneri. CHAP. VI Principles and Tenets of some Divines, and others, destructives to all human Societies. Kings made and chosen by the People, and to them accountable. His greatest Authority is in his Courts, and not in his Personal Commands. The People choose their Kings, and oblige them by Laws, which they swear to keep. MAchiavel I know, and so doth the Ecclesiastical Politician instruct Princes, how they may treat Subjects, not as Brethren, but as ●●asts, as the basest Beasts of drudgery, teaching them by subtlety, and by the strength of the Militia, to support their own will, and to make mere Sponges of the public Coffers; with which his Writings are full fraught. Leviathan, or Malmsbury Hobbs 's Positions or Sentiments, smell rank of the same Leaven, or more abominable, if more abominable can be, viz. That the Power of Kings cannot without his consent be transferred to another; that he cannot forfeit it; that he cannot be accused by any of his Subjects of injury; that he cannot be censured by them; that he is Judge of Doctrines; that he is sole Legislator, and Supreme Judge of Controversies, chap. 20. p. 102. Some Pulpits also preach much after the same rate, viz. That it is the Sacred Privilege of Kings only, for their offences to be exempt from all human Jurisdiction: That Kings, as such, are above the Law; That though they transgress, yet they are not in the least liable to the censure of any Man: no Tribunal under Heaven hath Power to take Cognizance of them, or call them into Question, p. 5. That they have Power to Dispense with the Laws at their Pleasure, p. 7. That for Subjects to question the Actions (though offensive) or Authority of their Princes, is inconsistent with the nature of the Kingly Office, and diametrically opposite to the Liberty of the Subject, p. 7, 8. The Sceptre being put into their hands by God Almighty alone, and with that, the Power he gives them is so great, as that he maketh them capable of being accountable to none but God himself, according to Prov. 8. 16. By me King's reign, p. 16. That Kings may alter Religion at their pleasure, according to the old unalterable Maxim, qualis Rex, talis lex, p. 25. William Clifford 's Sermon preached at Wakefield, Octob. 30. 1681. Salmasius (more excusably, as being a stranger to our Laws) dances after the same Pipe, That Kings have none to judge them but God only; That they are above Laws; That by no Law written or unwritten, natural or divine, can they be made guilty of any ill by their Subjects, or towards them. In which Positions there is a woundy deal of wicked Policy, but not one jota of true Religion and Piety, highly injurious to the Liberty and Happiness of the whole Race of Mankind (for whose Happiness and Solace the whole World was created) as if a few Princes and Potentates were born like Leviathan, only to take their Pastimes in this World, to be clothed in Purple and Scarlet, to lie upon Beds of Ivory, and to stretch themselves upon Couches, to chant to the sound of the Vial, and drink Wine in Bowls, and to nourish their Hearts as in a day of Slaughter, and all others to be governed with Whips and Kicks, Thorns and Briers, and yet we must not so much as mutter or peep against them, or say, What dost thou? Not considering that God that made them in the Womb, made these, and made them all equal, and that they were created out of one and the selfsame Clay, and redeemed by one and the same precious Blood, without respect of Persons; and that it was the People that differenced them by making them Kings, and Queens, and Princes, sitting upon Thrones, riding in Chariots, and on Horses, they and their Servants, and not they the People. What is this but to be brutish in Knowledge? That Machiavelli and Hobbs should belch out such Principles, I do not much wonder, but that any Protestant Pulpits should Preach out such Doctrines, I stand amazed. To such the 21st. verse of the 10th. chapter of Jeremiah may justly be applied, the Pastors are become brutish. In populo regendo Rex habet superiorem, legem per quam factus est Rex & Curiam suam, viz. Comites & Bar●nes: Comites dicuntur quasi socii regis, & qui habet socium habet Magistrum, & ideo si Rex fuerit sine fraeno, i. e. Sine lege debet ei fraenum ponere. Bracton. lib. 2. c. 16. ●●●ta. l. 1. c. 17. In Government Kings have Superiors, viz. the Laws by which they are made Kings, and his Court of Parliament: therefore if Kings are without a Bridle, i. e. without the Laws, they ought to have Bridles put upon them. Every single Person hath his remedy by Law in the Courts of Judicature against Kings; how much more just is it, reasonable and necessary, that if Kings injure all, all should have their remedy to Bridle him. It's great simplicity to provide against petty Injuries of Kings against private Persons, and yet to be lawless against common and public injuries, whereby they may destroy all without Law, that by Law could not injure any single Person. As for the Title of Supreme Head and Governor, as it is meant of single Persons, not of Courts, or of the Collective body in Parliament: so it is meant in Curiâ, not in Camerâ, in his Courts, that his Majesty is Supreme Head and Governor over all Persons, and in all Causes, and not in his private Capacity: And most truly and most properly, it is only in his high Court of Parliament wherein and wherewith his Majesty hath absolutely the Supreme Power; and consequently is absolutely Supreme Head and Governor, from whence their is no Appeal. And without doubt the Parliament may take an account of what is done by his Majesty in his Inferior Courts, and therefore much more of what is done by him without the Authority of any Court. What more usual than for Parliaments to call to an account all other Courts of Justice, and all Officers and Ministers under his Majesty, even for such things as they shall do against the Law, though by his Majesty's express command? And what is this but to take an account of the discharge of his Majesty's Trust? The Law exempts his Majesty from account in no other sense than it exempts him from fault, because he is to do public Affairs of the Kingdom by his Officers and Ministers of State, and not by himself, and they are to give an account of that which the Kings doth by them. In which respect Sir William Thorp, Chief Justice in Edward the Third's time, was charged for breaking the King's Oath as much as in him lay. The King's Authority is above his Person, and his Personal Commands ought not to control those that proceed from his Authority, which resideth in his Courts, and his Laws, and in his Person, acting by the one and according to the other. We are really such admirers and so fond of Kingship, and so willing to excuse all his Peccadilloes, that we retain it as a Maxim, That the King can do no wrong, i. e. he can do nothing but by Law, which can do no wrong: And if he do against the Law, his personal Acts, Commands, or Writings oblige no more than if they were a Child's, and the Books call him an Infant in Law (though his public capacity be not in nonage, as the Parliament declared in Edward VI) which is not to exempt him from Errors, or excuse his Crimes, but to show that he ought to be guided by his Council, and that his own personal Grants or Commands cannot hurt any more than an Infant, which may be reclaimed, or recalled; not to say corrected by the Courts of Justice or the Council of the Kingdom. King James of happy memory in his Speech to the Parliament at White-Hall, March 21. 1009. told them, That a King Governing in a settled Kingdom, leaves to be a King and degenerates into a Tyrant as soon as he leaves off to Rule according to his Laws. In which case the King's Conscience may speak unto him, as the poor Widow said to Philip of Macedon, either Govern according to your Law, Aut ne Rex ●is. Therefore all Kings that aren●t Tyrants or Perjured will be glad to bond themselves within the limits of their Laws, and they that persuade them the contrary are Vipers and Pests both against them and the Commonwealth. Ibid. 531. I will ever prefer the Weal of the whole Commonwealth in making of good Laws and Constitutions to any particular or private ends of mine, thinking ever the Wealth and Weal of the Commonwealth to be my greatest Weal and Worldly Felicity, p. 493. The Arguments brought for Kings being appointed by God only, and their Power derived from him only, are grounded on some few wrested and misunderstood places of Scripture, viz. By me King's reign, and Princes decree justice. By me Princes rule and Nobles, even all the Judges of the earth, Prov. 8. 15, 16. which are applicable to all other Governments as well as Regal, and make only for the institution of the Kingly Office, and nothing at all for the designation or application of the Person to the Office, or Gods immediate nomination or appointment of Kings, but for approbation of Kingly Government, among other Governments by Judges, or others; whereby it manifestly appears, that Kingly Authority hath no more of Divine Right than any other form of Government. And it is manifest to all the World, That God did not of his own free choice primarily erect and establish Regal Government (but that of the Judges) as the best Form of Government, but waved his own Prerogative and Wisdom, and to gratify the public desire of a froward, ungrateful and rebellious People, who were used accordingly by such their choice, and felt the smart thereof accordingly as Samuel foretold: so indulgent was God himself to National desires; which should be a Document to Kings to comply very readily with the desires of their People in Government of their Kingdom, as God here did. Besides, I must repeat again, That no Man can have Lawful Authority to be King over any Nation, but he must have it either immediately from God Almighty (unto which there can be no possibility of pretence) or from the public consent of the Nation, therefore Kings must have their just Authority from the People. Let Scripture itself be judge, all Israel made Omri (captain of the host) King over Israel, not Zimri; and his Son Achab rather than Tibni the Son of Ginath, 1 Kings 16. 16, 21, 22. And the People made Solomon King, not Adoniah, though he were the elder Brother, 1 Kings 1. God by the People's free suffrages createth such a Man King, because by the Authoratative choice of the People the person is made of a private Man and no King, a public Person and a crowned King, 2 Sam. 16. 18. The men of Israel said to Gideon, Rule thou over us, both thou and thy Son, and thy Son's Son also. And all the men of Sechem made Abimelech King, Judg. 9 6. So the elders of Giliad made Jepthah head over them, Judg. 11. 8, 9, 10, 11. So all the people of Judah made Azariah King instead of his father Amaziah, 2 Kings 14. So in the change of Government, when Israel not pleased with their Government by Judges, whom God himself had appointed over them, but would have a King like other Nations: Wherein God so far waved his Prerogative, that he complied with their public desire, and gratified them therein, though contrary to his own Infinite Wisdom. And Samuel said unto all Israel, Behold I have harkened unto your voice, and in all that ye said unto me, and have made a King over you. And all the Congregation made a Covenant with the King: Behold the King's Son shall reign, 2 Chron▪ 23. 3. God himself by Moses gave the People power to choose themselves a King; and withal, directions and qualifications whom and how qualified they should choose: when thou shalt say, I will set a King over me like all the Nations round about me, thou shalt in any wise set him King over thee whom the Lord thy God shall choose; (i. e. according to his Rules, and Prescriptions, and Dictates, viz.) one from among thy Brethren shalt thou set King over thee, thou mayst not set a stranger over thee which is not thy Brother, Deut. 17. 15. Consider also those Kings whom God most immediately caused to be anointed Kings, and it will be manifest that the People even in such choice had their share, their influence, and their power also: as in Saul. And all the People went to Gilgal, and there they made Saul King before the Lord in Gilgal, 1 Sam. 10. 15. And several Writers are of opinion that Saul was not only anointed with Oil first privately by Samuel, 1 Sam. 10. 12. but also at two other times before the People; once at Mizpah, an another time at Gilgal. So David though he were anointed of the Lord by Samuel, yet all the m●n of Israel came with a perfect heart to Hebron and anointed David King over Israel, and made a Covenant with him before the Lord, 1 Chron. 11. 2. & 12. 38. In sum, Many Writers of several Persuasions, from these examples conclude, that the People under God make the King. Beside, the want of the public Stamp of the People made Zimri (who had usurped that Title and Office) no King, and yet made Omri King, 1 Kings 16. 16. And those whom the rulers of Jezreel at Samaria, 2 Kings 10. refused to make a King were no Kings. This Power of the People made Athaliah a Princess no Princess, by their translation of the Crown to Joah, 2 Cron. 23. There's now no Voice, no immediate Oracle from Heaven, no Samuel, no Elisha, no inspired Prophets to anoint David, not Eliab; Solomon, not Adoniah, no particular persons, and therefore no persons can have a just Title to Crowns but by choice and approbation public. God hath only ratified the Kingly Office, and described fit qualifications, viz. Men of truth, hating covetousness, etc. Exod. 18. 21. Deut. 1. 16, 17. but doth not now name or appoint particular Persons, but hath left it wholly and freely to the People to choose for themselves, and make their own Conditions. It is farther observable, that Saul (after Samuel from the Lord had anointed him) remained a private Person, and no King, till the People had elected and made him a King. So David though anointed by the same Divine Authority, yet remained formally a Subject and not a King, till Israel made him King at Hebron: So Solomon though by God designed and ordained to be King, yet never was King till the people made him King▪ 1 Kings 1. What greater demonstration can there possibly be than such Scriptural, both Precepts and Examples as are here set down for justifying of the right of the People in the choice of Kings, and not only in the free choice of this or that Person to the Diadem, or to this or that Government, but also in the alteration and granting of Succession, and in the change and alteration of the very Form of Government? Moreover, by God's owning Kings to reign by him, Prov. 8. 16. is no more than God's general owning and constituting all things else, viz. thine is the greatness, and the power; and the glory, and the victory, and the majesty; for all that is in Heaven and Earth, is thine; thine is the Kingdom, O Lord, and thou art exalted above all, both riches and honour come of thee; and thou reignest over all; and in thine hand is power and might; and in thine hand it is to make great, and to give strength unto all, 1 Chron. 29. 11, 12. This general Right and Power of the Almighty doth not abolish or impeach the Natural Right of his People in choosing themselves a King on their own Terms, and Laws, woeful experience having taught them, that to live by one Man's will, would be the cause of all men's miseries; (the truth whereof we see experienced to this very day, both in the Eastern and Western Empires;) which constrained them to devise Laws for the Regulation of every Man's just Right, that no Man might by lawless Dominion oppress another, but that all should be governed by their own consent, by Laws of their own making, respect always being had (Christianly speaking) to the Laws of the Almighty. Cui plus licet quam par est, plus vult quam licet. A People may be without a King, but there can be no King without a People, and therefore Kings not particularly and immediately named by God, must own their Establishment and Inthronization to the People, and aught to be accountable in some cases to them; for they that give Power are by just Reason accounted greater and more honourable than they that receive it, according to that old Maxim, Quicquid efficit tale est magis tale: and though Kings are to be accounted singulis majores, yet are universis minores: For Kings are not Patrons of their Kingly Power, but Administrators and deputed Executioners thereof. Now it necessarily follows, that by the same Reason Kings have their Authority from the People; so to them they are of right to be accountable, for they choose them, and covenant with them for their own good. If by God Kings do reign, by God also the People have right, and liberties to be governed how they please; for the immediate appointment of Kings, by God himself by his Prophets, being now ceased, the application of the Powers of the governed to this or that Person is left wholly to the common consent of themselves. Be the right of Kings and of the People what it will, from God they both equally derive it. Wherever the People create themselves a King, by the same right he is accountable to them; and it participates as much of Divine right for the People to curb and oppose oppressing wicked Kings as to make Kings, according to the 149 Psalm 8, 9 To bind their kings with chains, and their nobles with fetters of iron. To execute upon them the judgement written: this honour have all his Saints. Nay, God's own People (on whom he had set his Love) had his own Command, that when he had brought them into the Land whither they were going to possess, That they should smite them, and utterly destroy them, and show no mercy unto them, Deut. 7. 1, 2. King's are constituted by God and Man to go in and out before them for Protection and Comfort, not for Violence and Oppression; and it is by righteousness that the Throne is established; and iniquity will be the ruin of any Nation: fury is not in him, Isaiah 27. 4. And God himself hath given no Power to Kings, Princes, or Potentates but what is just and honest; and hath tied them up, and bound them by Laws, viz. He shall not multiply horses to himself, he shall not multiply wives to himself, that his heart turn not away: neither shall be greatly multiply to himself silver and gold. And it shall be when he sitteth upon the Throne of his kingdom, that he shall write him a copy of this Law in a Book: And he shall read therein all the days of his life: that he may learn to fear the Lord his God, to keep all the words of this law, and these statutes, to do them: That his heart be not lifted up above his Brethren, and that he turn not aside from the commandment to the right hand or to the left: to the end that he may prolong his days in his Kingdom, Deut. 17. 16, 20. If they so Reign, then by me King's reign is well applied; but if they walk contrary, than they are no more God's Vice-gerents, but the Devils. For God never gave encouragement to Princes to work wickedness, or to oppress, or harrass Subjects, but punished them for not Governing righteously. The Premises considered will certainly yield this undeniable conclusion, That (because God hath given the governed Power and Instruction whom to set Kings over them, viz. this Man, not that, one from among their Brethren: not a stranger which is not their Brother,) therefore the People have a Power to choose this or that Man for their King. The Reasons are clear; for that God's Law doth not empower an Ignis fatuus, a non-ens; nor can God's Law countenance or abet an unlawful Power, or an unlawful Action, but interdict it. Besides, there being now no immediate inspired Prophets, as Samuel, or Elisha, to anoint David, not Eliab; Solomon, not Adoniah: nor any Man by Nature's Law born with a Regal Diadem on his Head, or Sceptre in his Hand; It must necessarily follow, That Kings must have their Power from the suffrages and consent of the governed, if they will Govern Lawfully, and not be Usurpers. And it was so from the first Institutions of public Government. For when the World began to multiply, and reciprocal Injuries, Injustices, and Oppressions did increase among them, the Light of Nature and common Sense did dictate unto them, That there was no way to prevent and redress all evils of Oppression, Injustice, etc. incident to the whole Race of Mankind, but to come to an Agreement and Composition among themselves, by Constituting some kind of public Government, and by submiting themselves thereunto; And that unto whom they granted Power and Authority, by them the Peace, Tranquillity, and happy Estate of all might be procured. Men always knew, that when Force and Injury was done, they might by the Law of Nature defend themselves: They likewise knew by the Instinct of Nature, that howsoever Men might seek their own profit and happiness, yet if this were done with Injury unto others, it was not to be suffered, but by all Men and all good Means to be withstood. They knew also by the same Light, that no Man might in Reason take upon him to determine his own Right; and therefore debates and troubles would be endless, except they gave their common consent, all to be ordered by some whom they should agree upon; without which consent there were no Reason that one Man should take upon him to be Lord or Judge over another: and therefore for manifestation of this their Right, and peaceable Contentment on all sides, the Assent of them who were to be governed became absolutely necessary. So Judicious Hooker, and all prudent Authors, writing of Government. CHAP. VII. Whole Kingdoms to be preferred before Kings. Deputators to be preferred before Deputies. King's are not immediately from God, but from the People, who may limit and bind Royal Power as they please. The People give only their Politic Power to Kings, reserving their Natural Power for self-preservation and happiness; which they cannot resign nor deligate without sin. Law acknowledgeth no Supremacy nor Sovereignty but according to Law. Covenants have been made with Kings both under the Law and since, and are equally binding both to King and People. The People cannot absolutely and unaccountably resign their whole Power to Kings without sin, manifestly thereby breaking Covenant first made with God. SEeing Kings are constituted and appointed by the People, and for the People to preside over them, and manage their own Government, and to defend them by going in and out before them to fight their Battles, and to see that Judgement be impartially and indifferently administered, it naturally and undeniably follows, that whole Kingdoms are to be preferred before the Kings thereof; as the good of the whole is to be preferred before the good of any part. Mr. John Turner in his Sermon, September 9 1683. though he extends Passive Obedience and Prerogative far beyond their just limits; yet ingeniously confesseth, That the Interest of Nations is to be preferred before the Interest or Welfare of any one Man; and grounds it on the Prophecy of Caiphas, John 11. 45, 50. That it is expedient that one man should die for the People, and that the whole Nation perish not; which he accounts a sure word of Prophecy, that is, the Testimony of God himself, that a greater Interest of Mankind is to be preferred before a lesser, p. 20, 21. Such force there is in conferring Authorities, that they who receive Authorities are necessarily to be esteemed inferior to those who give them. Potiphar the Egyptian set Joseph over all his Family. Nebuchadnezar set Daniel over all the Province of Babylon, Dan. 2. 48. Darius' set One hundred and twenty Precedents over his Kingdom, and yet did not divest themselves of the Dominion of their own Power and Authority. So the People set Kings over them as chief Ministers of their Government, without divesting themselves of the virtual Power and Dominion thereof. Which title of Minister, good Kings refuse not to acknowledge, but embrace: and for some Ages among the Roman Emperors, none, unless manifest Tyrants (such as Nero, Domitian, Caligula) would be called Lords. And therefore Holy Writ styles them Shepherds to feed them, Psalm 78. 79, 71, 72. Captains to defend them; and go in and out before them, Ministers of God for their good, Rom. 13. 4. Nursing-fathers' to carry them in their bosoms, as a Nursing-father beareth the sucking Child, Numb. 11. 12. Isaiah 49. 23. A Kingdom or Commonwealth may be compared to a Ship, where the Master chooseth the Pilot, who is chosen to steer the Ship in its right course, that it strike not on the Sands, nor against the Rocks; in which employment, as all the rest, so the Master himself obeys and submits to the Pilot, who notwithstanding is Servant to the Ship, and to the Masters. So Kings are in the place of Governing, but the People in the place or right of Dominion. Besides, a Commonwealth, when Christian, is the inheritance and anointed of the Lord, Psalm 105. 15. made of the same Mould, redeemed with the same precious blood as Kings are, Act. 20. 28. and whose deaths are precious in his sight, and the destruction but of one of them is the violation of God's own Image, Gen. 9 6. And therefore the death and destruction of a Kingdom, considered as a Church of an innumerable company of Men, is of more concern with the Almighty than the death of a King. For Kings are not God's Inheritance, nor his Chosen, nor the Sheep of his Pasture, nor the Redeemed of his Son, because Kings, but as they are the created Images of God in common with all other Men their Subjects. And all those high and mighty Titles, Prerogatives and Privileges by which they sit on Thrones, are given unto them by Men, as Men chosen from among themselves; and if upon just occasion dethroned, than they are but as one of themselves again. Moreover, If God gives Kings to be a ransom for his Church, as Pharaoh King of Egypt, Isaiah 43. 3. and slay famous Kings, as Sihon King of the Amorites, and Og King of Bashan, Psalm 136. 18, 19, 20. If he puts a two-edged sword into the hands of his Saints to execute vengeance: to bind their Kings in chains, and their Nobles with fetters of iron, to execute upon them the judgement written, Deut. 7. 1, 2. This honour have all his Saints, Psalm 14. 7, 8, 9 If God plead with Princes and Kings for having the spoil of the poor of his people in their houses, and for beating his people to pieces, and grinding the faces of the poor, Isaiah 3. 13, 14. If God make Babylon and her King a threshing floor, for the violence done to the inhabitants of Zion: and plead the cause of Zion, and take vengeance for her: and make Babylon a heap, a dwelling-place for Dragons, an astonishment and hissing without an inhabitant: and make them roar like Lions, and yell like Lion's whelps, Jer. 51. 36, 37, 38. Then Christian Commonwealth, as his People, are more precious in the sight of the Lord than Kings because they are Kings. Besides, Kings are but single Persons, and Kingdoms and the Church consists of Millions: and certes the Lives, Welfare and Happiness of Millions are to be preferred before one, though he should be worth Ten thousand of them in respect of outward splendour and pomp: for there is no respect of Persons with God, for all God's delight is in Saint-ship, not in King-ship. Besides, Nature prompts unto a necessity of Government, but not unto Kingly Government: for that innumerable People may and do live without a King, but there can be no King without a People. And the very Essence of Government and Governors is preserved safe and entire in Aristocracy or Democracy in the People, though there should be no Kings Besides, the People were a People before there was any Government (Paternal and Domestic excepted,) and there is a People where there is no King, but there can be no King without a People. Take away the People, and Dionysius the Sicilian Tyrant will be but a pitiful Pedant. Take away the Basis of a Colossus (though that of the Sun at Rhodes) and the whole Fabric and Superstructure must necessarily fall to the Ground. If the People do but withdraw and recall their own Powers to its proper centre, Tarquin will quickly quit Rome. Besides, How came they to be Kings? Were they created of any ●iner dust? or were they redeemed by a more precious Blood than any of the rest of the Race of Mankind? Dropped they out of the Skies? Or sprung they out of the Earth like Mushrooms in a night? If not so, nor so, How came they by their Kingly Dignity? Even by the choice and gift of the People, who make choice of one from among themselves to sit like a Pilot to Steer the Government for the good of the governed; and therefore they contribute all their Eyes, Ears, Hands, Feet, nay, their whole Bodies and Purses, to exalt, ennoble, and enable him the better to go in and out before them, to judge Uprightly, to plead their Causes, and to minister Justice indifferently. Do Kings misbehave themselves? then may also the People withdraw their Eyes, Ears, Hands, Feet, Strength, Purses, and then Kings will be like one of themselves again. Seeing therefore Kings are made by the People, and for the good of the People, and cannot subsist without the People, and the end is more to be preferred than the means, Why should it seem strange to Christians, rational Men, that Kingdoms are to be preferred before, and to be held Superior unto Kings? King's are given of God, as gifts, for the preservation, comfort, and good of his People, his Chosen, his Inheritance, the work of his own Hands, and the redeemed of his own Blood, to be Nursing-fathers' to them, and therefore must be of less esteem in the sight of God than those to whom, and for whose good and happiness they are given, since the gift, as the gift is in worth much less than Kingdoms, for whose sake Kings were given. Besides, who by office were obliged to Fight the Kingdom's Battles, by going in and out before them, and to Jeopard their lives, for the safety of the People must be inferior to the People. Moreover, The Royal Legislative Power is joint and coordinate with King and People, and consequently the Power also, and so no necessity to fetch a Royal Power from Heaven to be immediately infused in them, seeing the People have such a Power in themselves. The People in all well▪ constituted Kingdoms, can and do limit, and bind Royal Power by Law; and those who can limit, and take away, can give Power: and it is ahsurd to conceive that the People can put restraint upon Powers immediately derived from God. Though King's command, in some sense, the People by their executive Power of the Laws above them, yet the People have the Original and Natural Power above them, because they make Kings: and in God's intention Kings are given wholly and entirely for their good; and if Kings do not so execute, they do, as much as in them lieth, make void and frustrate the whole design of their Government, instituted and established by God and Man, and forfeit their right of Governing. The People give to Kings a Politic Power for their own safety, and quiet living, and they keep their Natural Power to themselves; of which they cannot divest themselves, and they do not break their Covenant nor their Laws when they execute Natural Power for their self▪ preservation. The People by their Original or Natural Power make Kings after Kings, as when Saul died they made David at Hebron, after him Solomon, after him Rehoboam, and so on. And therefore there is more Fountain and Natural Power of Royalty in the People than in David, Saul, or any King in the World: for it is not any where read that Saul, or any other King, made an other absolute King. Those Tribunals that make Kings must necessarily be above Kings: and though there be no Tribunals formally above Kings, yet there is naturally and virtually a Power in the People, in those who have a joint coordinate Power in the Legislative Power, and share in the executive part of the Laws (as all Officers of Kingdoms have) to erect a Tribunal over them. It is false and absurd to conceive that any People have or can lawfully resign their whole Liberty into the Hands and Power of any Royal or other Government, it being against the Law of God and Nature so to do. Obj. Nemo dat quod non habet. For the People have not an absolute Power to destroy themselves, or to authorise Violence, Oppression, Injustice, or other acts of Tyranny, and therefore cannot resign it to any Government: no more have Kings, for neither God nor the Law of Nature hath given any such Power to Men. And God gives Kings as a Blessing, (and happily as the best of Governments;) but if thereby the state of Slavery must uncontrollably be entailed upon them, as it necessarily must be, if they renounce their whole Liberty, it's a Curse rather than a Blessing; but they can no more give it away than they can give away their rational Nature, and deny themselves to be reasonable Creatures; for it is a Power natural, to preserve themselves essentially, adhering to every created Being. Besides, they cannot resign their whole Power (as Priests would have them) without manifest sin. God having made an express Covenant with all the People of Israel, that they should be his peculiar People, and he would be their God; the purport of which Covenant was, That all the People should take care, that he should be purely worshipped throughout all the Land; which Power they cannot resign to Kings unaccountably, and absolutely without manifest breach of Covenant, and so sin in breaking Covevant with God, and thereby provoking his wrath and indignation, would pull down Vengeance upon whole Kingdoms. Of which more fully hereafter. O! Sovereignty is not in the People, no more than a whole Kingdom can be one Man, Sovereignty being the Abstract, and Sovereign being the Concrete. What then? yet the Power of giving Sovereign Power to this or that Man, according to Laws, is naturally and radically in the People. Obj 〈◊〉 May, 4 Car. 1628. the Commons having framed a Petition of Right to be presented to his Majesty, and desiring the Concurrence of the Lords, they made this addition, viz. We present this our humble Petition to your Majesty, with the care not only of our own ●●berties, but with due regard to leave entire that Sovereign Power wherewith your Majesty is trusted for the Protection, Safety, and Happiness of the People. Which terms of Sovereign Power were so distasteful and chagreen to the Commons, that they would by no means admit of them: alleging for their justification, That they seemed to be another distinct Power from the Power of the Law: They were never used in any Parliamentary Petition, or Magna Charta, or in any Confirmation thereof. If they should grant it, it would seem to imply a Sovereign Power above our known and established Laws, which are well known to the Kingdom, but they know no Sovereign Power. It was a new thing, and they would by no means have it inserted into the Petition. And the Statute of Magna Charta did bind the King and all his Sovereign Power. Upon which ground it was left out. Besides, Titles of Supreme and Sovereign are verba Solemnia, words of course, titular, and complimental, relating only to their Persons, but confers no Power: what Sovereign Power Kings have, are given and limited by Laws of common consent, and not absolute. What other Laws of Sovereignty there are, of right belonging to them, nemo sit, is past all understanding. Absolute Sovereignty in Kings hath no warrant by any Law of God, or Nature; that belongs to God only, who is Lord of all Kingdoms of the Earth: and therefore there is no Sovereign Power wherewith Majesty is entrusted, either by God or Man, but only that which is for the Protection, Safety, and Happiness of the People; which is the Suprema Lex: and the cause is very reasonable, for that uncontrollable Authority easily degenerates into Tyranny. And that Sovereign Power which is in all Governments, is in the Legislative Power of that Government settled by Laws of common consent. And King James in his Speech to the Parliament, March 1609. stigmatizeth Power not bounded by Laws with the black Character of Tyranny; yea, Tyranny accompanied with Perjury. Obj. The People have not Power of life and death. What then? No more have Kings, until impowered by Laws of common consent; yet the Power of life and death is eminently and virtually in the People, collectively taken, though not formally, yet they have Power over their own lives radically and virtually; for that they may subject themselves to Magistracy, and to Laws made by common consent, the violation of which may be capital and sanguinary. And Kings have no other lawful Power over the lives of their Subjects, but by Laws made by like common consent. That under the Law, and since, there have been mutual and reciprocal Covenants between King and People, is without all dispute, and beyond all contradiction, 2 Sam. 5. 3. 1 Chron. 11. 3. 2 Chron. 23. 2. 2 Kings 11. 17. And that they were as equally and reciprocally binding is as true; else, Why should such Covenants be made publicly before the People, if Kings did not in the Covenant tie and oblige themselves to the People? And why so solemnly to be made before the Lord in the House of God, if not intended to be kept? or might uncontrollably break them at pleasure? Was God to be called upon, and to be a Witness to a figment, nay to a cheat? Ab sit! no; all the Covenants mentioned in Holy Writ, whether between God and Kings, or between Kings and People, are mutual. I will be your God, and you shall be my Poople, Levit. 26. 12. The Covenant is so strictly mutual, that if the People break the Covenant, God is freed from his part of the Covenant, Zach. 11. 10. All Covenanters are under a Law before Men. So if Kings break Covenant with their People, the People are freed of their Obligation to them. If the Oath of God be broken, as the Covenant between Abraham and Abimelech, Gen. 21. 22, 23. Jonathan and David, 1 Sam. 18. 3. So the Spies profess to Rahab, in the Covenant that they made to her, Josh. 2. 20. And if thou utter this our business, we will be quit of thine Oath, which thou hast made us to swear. The Obligation of Kings in their Oaths and Covenants to the governed, floweth from the peculiar Obligation National betwixt them and the governed, and bindeth Kings as Kings; for that such Oaths and Covenants are entered into, and taken in relation to Government only, and therefore are not taken merely as Men (as some vainly suppose, but as Kings, or as they are to be Kings over them, because it is the specific act of Kings, that they are to be obliged unto, to Govern the People in righteousness and holiness with their Royal Power, which is given them by the People for no other end: and they undoubtedly sin before God, if they break their Oaths and Covenants made with the Commonwealth: And to assert otherways, is to suppose Kings to be under no Law of God, and so consequently make them either above God, or coequal with him; which is no other than downright Blasphemy. Therefore it is undoubtedly true, that Kings Covenanting with the People, to Govern according to the Laws of God, and their own municiple Laws; and on that Condition receive Thrones, Crowns, Tributes, etc. from them, and are obliged to the People for the just performance of the same: Omnis promittens facit alteri, cui promissio facta est jus in promittentem: Whoever maketh a Promise to another, giveth to that other a right or jurisdiction to challenge the performance of the same Promise. But if Rehoboam will make his little finger thicker than his Father's loins, and chastise Israel, not with whips only, but with Scorpions: And will send Adoram to gather tribute without the common and free consent of Israel, Israel will stone such Ministers to death, and will rebel, (as in the Text;) or fall away (as in the Margin,) recesset, (saith St. Jerom,) defecerunt, (say Junius and Tremelius) from the house of David, and will make Jeroboam King over all Israel, as they justly might, and without the just imputation of Rebellion. And though Rehoboam did raise 180000 Men, intending by Force of Arms to bring the Kingdom again to Rehoboam the Son of Solomon, yet God would countenance no such act, and therefore forbade them by Shemaiah the man of God, 1 Kings 12. 19 2 Chron. 11. 12. Which demonstrates, that if Kings keep not Covenants with their People, they may withdraw their Tribute and Obedience, and choose another King, or another Government, and be no Rebels. This is not to assert or justify, that for every act of Male government, or a few acts of Tyranny or Oppression, Kings may be dethroned, and devested of their Royal Power: but upon supposition that the Violences, Oppressions, and Tyrannies, are of such a Nature, as that thereby the whole intention and ends of the Covenants and Agreements made with the People for the Government of themselves, viz. the safety of the People, the Laws of God, and of the Commonwealth, are thereby endangered to be frustrated; and that on presumption of such usages and outrages the People would never have conferred their Crowns upon them. David held Saul for his Prince, and acknowledges him to be the Lord's anointed, so long as the People had not recalled their grant of Royal Dignity, so that no single Person (though Six hundred Men with him) may lawfully Assassinate any King. All Governments are likened to the History of the Gordian Knot; which if not so hard tied, but that the People may have some ease, some relaxation; they ordinarily are willing to endure some reasonable bonds; but if excessive, they ever have, and I doubt ever will, endeavour to free themselves, though by means indirect. If the People, as God's Instruments, Crown Kings on Conditions, that he will rule them according to God's Word, then are Kings made Kings by the People conditionally, and are but adopted Fathers, Tutors, Politic Servants, or Royal Watch men of the Commonwealth; and the Royal Honour, and Royal Tributes given to them, are Rewards of their Labours and Kingly Hire, and so expressed by Paul, Rom. 13. 6. For this cause pay you Tribute also, (there is their Wages) for they are God's Ministers, attending continually upon this very thing. Qui non implet conditionem a se promissam, cadit beneficio. The People setting of Kings over themselves, is an act warranted by God himself, Deut. 17. 15. Rom. 13. 1, 2. Which act, though done without written Conditions or Oaths (and only by a Vive le Roy, or God save the King,) yet even such choice can never be understood or interpreted an Investiture of them with an Absolute, but with a Conditional Power; for that such a Power is against the Law of God and Nature, a preposterous and absurd Power to do good, and yet to work wickedness impune. Besides, the Common Law of Mankind allows all Donors to Interpret and Expound their own meaning, why they Crowned Kings over them, and why they give such large Tributes, so great Privileges and Prerogatives; and certainly they will never Interpret that they conferred Royal Power on them to Oppress, Persecute, and Destroy themselves without control, and leave themselves without a remedy. The Covenant made by Asa, and all Judah, and Benjamin, 2 Chron. 15. 13. that whosoever would not seek the Lord God of their Fathers, should be put to death, whether small or great, man or woman. Which did equally oblige the King, as also the Princes, and People to performance: And therefore Asa, as in duty bound, removed Maacha his Mother from being Queen, because she had made an Idol in a grove; which Asa also cut down, stamped it, and burned it at the brook Kidron, verse 14. Diodorus Siculus, lib. 17. saith, that the Kings of Persia were under an Oath, and that they might not change the Laws: and so were the Kings of Egypt and Aethiopia. The Kings of Sparta, which Aristotle calleth just Kings, renew their Oaths every Month. Romulus so covenanted with the Senate and People. Carolus V. Austriachus sweareth he shall not change the Laws without the consent of the Electors, nor make new Laws, nor dispose of any thing of great concern belonging to the Empire without the public consent. 1 Sam. 8. 11. This will be the manner of the King, who shall reign over you; which place is brought to prove the absolute Power of Kings, and the unlawfulness of Resistance. Which words being rightly interpreted, can have no such meaning. It only declares what the Manner and Custom was, what they would do, not what of right they might do. For God had long before in Deuteronomy prescribed them what Laws they should Govern by: and in this place is only described the Tyranny of Kings, what they would do, not what they might justly do. And to aver that God hath given Power to Kings to Tyrannize, Worry, Oppress, and Destroy Subjects, is Blasphemy: for God hath not given, nor can give any Moral Power to do wickedly; which is Licence to sin against his own Law, which is inconsistent with his Holiness; and therefore no such Power can be from God. And all best Expositors declare the Law of Kings to be described in Deut. 17. And in 1 Sam. 8. is described the usurpation and tyranny of Kings. So it only demonstrates their wicked Usages or Customs, not a Law prescribed by God. And it is obvious to common sense, that God by his Prophet in this place was not instructing Kings in their Duty, but by foretelling the Israelites the evil of Punishment that they should suffer under tyrannous Kings; thereby terrifying them, if possible, from their wicked purpose of seeking a King, and thereby reject not Samuel only, but God himself: and farther menacing and declaring, That in the day when they should cry out, because of their King, that the Lord would not hear them, verse 18. And therefore God did protest against their unlawful course, yet nothing at all would prevail: nay, but we will have a King over us, verse 19 If Samuel in this place did not dehort them from Kingly Government, how could they be said to refuse to hear the Voice of Samuel? In sum, All God's Covenants are Yea and Amen, and so ought his Vice-gerents to be: And for Priests to Pulpit it, that if they do break their Covenants, yet they are accountable to none but God; What is this less than like false Prophets to create Subtleties, and coin Evasions, to rob Kingdoms of their Laws, Liberties, and Religion, and to seduce and betray Kings to the pit of Hell, even to Tophet it-self? A very trick, to tempt Kings to break Covenants, and Perjure themselves. CHAP. VIII. Judges-not less essentially Judges and the immediate Vicars of God than Kings: What Powers and Prerogatives Kings have, they have them from the People. The People's Prerogatives: They are to be governed by Laws of their own making; quas vulgus eligerit. JUdges are not less essentially Judges, and the immediate Vicars of God, than Kings. They who judge in the room of God, and exercise the judgement of God, are as essentially Judges and the Deputies of God, as Kings. Inferior Judges appointed by King Jehosaphat, were commanded by him to take heed what they, did for ye judge not for man, but for the Lord, 2 Chron. 19 6. By which it appears, that they were Deputies in the place of the Lord, and not the King's Deputies, in the formal and official acts of Judging, and so owned by the King himself. If they were not, than Kings might command his Judges as his Servants to give what Judgement they pleased, but Kings ought not to guide or limit the Consciences of Inferior Judges, because the Judgement is not the Kings, but the Lords; the reason is demonstrable; for that Kings have no Authority to command any other to do that as King, for the doing whereof he hath no Power from God himself. Moses appointed Judges, but not as his Deputies, to judge and give Sentence as subordinate to Moses; for the judgement, saith he, is the Lords, not mine, Deut. 1. 17. and their directions to guide them in judgement is from God himself by Moses, viz. ye shall not respect persons in judgement, etc. Yet the Judges may quodam sensu be termed Deputies of the Kings, because they have their external call from them. If Kings are to be obeyed because they are Powers from God, so are Inferior Magistrates also, for they also are Powers ordained of God. By me King's reign, and Princes decree justice. By me Princes rule, and Nobles, even all the Judges of the earth, Prov. 8. 15, 16. By which it is apparent, that the Power of Judges, Nobles, Princes, etc. (all Officers of the Kingdom, not of the King) is as really and truly from God as that of Kings, and differs not in nature from that of Kings, but secundum magis & minus only, both being Powers ordained of God, and to resist either, is to resist the Ordinance of God, both being Minister of God for the good of the governed; both obliged so to Govern, that the governed, for whose good they are equally entrusted, may lead a quiet and peaceable life, in all godliness and honesty, 1 Tim. 2. 2. and to judge righteously between every Man and his neighbour, and not to respect persons in judgement, but to hear the small as well as the great, and not to be afraid of the face of men: and the judgement administered by all is Gods, 2 Chron. 19 6. Deut. 17. 19, 20. Isaiah 1. 17. and God owneth inferior Judges as a Congregation of Gods, Psalm 82. A Senate of Kings not so styled any where. Yet all are equally called Gods, John 10. 35. and that rightly; for as Kings are God's Deputies by the mediation of the People, so inferior Judges are God's Deputies also by the mediation of Kings and of the People: and we find that Judges were some time chosen by the People. So Jepthah was made Judge, than Jepthah went with the Elders of Gilead, and the People made him Head and Captain over them, Judg. 11. 11. But that God gave Power of Tyrannising to Kings so as they cannot be resisted, or called to an account, which he gave not to Judges, cannot be made out by any Scripture. What Scripture doth warrant that the People might rise up in Arms to defend themselves against Moses, Gideon, Ely, Samuel, and other Judges, should they have Oppressed or Tyrannised over the People? Or, that it is not lawful to resist the most Tyrannical Kings of Israel, Judah, and yet lawful to resist Oppressing and Tyrannical Judges? But certainly God Almighty that made the whole Creation not only for his own Glory, but also for the Good and Happiness of the whole Race of Mankind, would never give any Power to Kingly, or any other Form of Government, to Oppress and Tyrannize over the governed uncontrollably and unaccountably, whose Blood is always precious in his sight, and in whom is all his delight. It is monstrous so to conceive, and derogatory to the very Mercy, Justice, and Purity of God, that he should Create the whole World for the Comfort and Solace of Mankind in general, without respect of Persons, and yet at the same time subject them to Kings to be used as slaves, or (which is as bad) not to be resisted, or not to be accountable to any human Power, if they at any time should Tyrannize. Certainly such Opiniators and Preachers of such Doctrines do as much as in them lies to frustrate and defeat the whole design of the Creation, which was designed for the benefit, joy, and delight of the whole Race of Mankind in general, and by this Doctrine it shall be at the pleasure of every pettish haughty Prince to make every Principality, every Kingdom an Aceldama, a Golgetha, an Iron Furnace, an Egyptian Slavery, what not? Which God the Great and Wise Creator abhors, and manifested his Wrath and Indignation against it, by pouring his severe and manifold Judgements upon that very Nation, which pleaded, nay, hectored for his Prerogative so long with God himself, till he overwhelmed him and all his Host, with his Prerogatives, in the red Sea. Obj. Abstracta concretis sunt puriora & perfectioria. The Powers that Kings have, they have it from the People, who make them Kings, and they having no absolute Power over themselves, cannot contribute any such Power to Kings. The Powers that the People have are only Natural, and Legal, and Political, viz. to make and submit to such Laws as may preserve themselves in Peace, and Godliness, and from unjust Violence, and Oppression, by the Conduct and Management of good Rulers. Now, absolute Power, above a Law, is a Power to do ill, and to destroy Nations; which no People have, it being against Nature, that any should have a Power by the Law of Nature (which is the Law of God) to destroy themselves. Therefore though the People should invest Kings with all the Power that they have, yet if Kings Tyrannize over the People to their hurt and destruction, they usurp a Power which the People never gave them, it not being in their Power to give them; the Power itself being against the Law of Nature, and consequently against the Law of God; for that all acts of Tyranny are Oppression, and sinful Injustice, and therefore cannot be from God. Dum contra officium facit, Magistratus non est Magistratus, quip à quo non injuria sed jus nasci debet; and consequently they who resist the tyrannous acts of Kings, do not resist the Ordinance of God. What were it less than Blasphemously to charge God with prevaricating with his People, if in Authorising Kings to preserve them, should give them liberty without all Politic restraint to destroy them? Which is contrary to God's end in the Fifth Commandment, that one Man, a King, should have absolute Power to destroy Millions of Souls and Bodies uncontrollably. If the Kings of Israel and Judah were under censures and rebukes of the Prophets, and sinned against God and the People in rejecting such rebukes, and in persecuting the Prophets, and were under and liable to all the Laws of God, as all other People, though their Subjects, were, then is their Power not above any Law, nor absolute. That these matters of Fact are true, sit liber Judex. Samuel rebuked Saul; Nathan, David; Elias, Achab. Jeremiah is sent to Prophecy against the Kings of Judah, Jer. 1. 18. and the Prophets practised it, Jer. 19 3. Ahab could not take Naboths Vineyard against his will, without the formality of Law, and without the help of Men of Belial to boot; for which violence offered to Law and Justice, in the place where Dogs licked the Blood of Naboth, (shed by shamming of Laws by Innuendoes and false constructions of Laws) the Dogs did lick the Blood of Ahab, and did eat that cursed Woman Jezabel, by the wall of Jezrael, and her Carcase became as dung upon the face of the field. A Document to all Kings and Princes for giving any countenance to Violence, or Oppression, or to shamming any Laws by any irresistible or prevalent Influences; and the Inferior Judges ought not to accept the Persons of any in judgement, whether small or great, for the judgement is the Lords, and their office as much of divine right as that of the Kings; then certainly we may justly conclude, That Kingly Power is neither above Law, nor yet absolute; for Kings, who swear to Govern according to Law, it is contrary to common sense, nay, impossible they should have an illimited or absolute Power, either from God, or the People; for foedus conditionatum, or promissio conditionalis mutua, facit jus alteri in alterum, it's not to be thought that Kings can at one and the same time, and in the same breath, justly swear to Govern according to Law, and at the same time interpretatively and secondarily swear to Govern absolutely and without Law. If the governed in Senates, Parliaments, and Diets, may call in question the Acts, Previledges, Charters, and Commissions of Kings granted to any Persons, and null and vacate them, circumscribe and dock any of their Prerogatives, may increase or diminish his Revenue and State, may call into question any of his Friends, Counsellors, or Ministers of State, and punish or remove them: If the governed may appeal from Kings to Senates, Diets, or Parliaments, and may not appeal from them to Kings, all which may and have been done, as the public Monuments of Laws do testify, who of sound judgement can deny the Power of the People in Diets, Senates, and Parliaments, to be above that of Kings? If in an Interregnum, Senates, Diets, and Parliaments have Power, and (which is plain by Histories, without regard had to right of Inheritance) have created Kings, whom they pleased, and altered Successions. In sum, If Diets, Senates, Parliaments, are the Supreme Council of Nations, constituted by the People, endued with Power from them to this very thing, that they may consult in common of the weighty matters of Kingdoms and common good, and Kings therefore created that they should see executed what they did advise and agree upon, quis nisi mentis inops, can deny, upon such plain evidence and demonstration, that the People in Parliaments, Diets, and Senates, are not only coordinate, and have a share in the Government, but are also in some sense and some places, superior to them, for that they can do more than Kings. King's have their Prerogatives: true, and very fit they should have. So have all other Governments, be their Prerogatives what they will (Power of the Militia, making War and Peace, calling of Councils, Diets, Synods, Senates, Parliaments, nominating Judges, and other public Officers of Kingdoms, etc.) they are all derived from the People, and transferred for their own good, and so always expressed, or implied. If they make ill use of the Militia, it's a breach of trust, and no obligation of Obedience and Submission is due; if they make ill Leagues, the People not bound to confirm, or assist; if they call Diets and Parliaments, it is not for their peculiar interests, but for the good of the whole; and nothing done therein can be of force, unless the free assent of the convocated be first had: Which demonstrates it is the Office and Duty of Kings to call those great Councils as oft as the People see cause and desire it, and to continue them till they have the benefit designed. And though the Royal Assent be desired, it is but for the Honour of the business: for what concerns common good, safety, and liberty, they ought to pass by virtue of their Oaths and Office. Non negabimus, non differimus cuique jus aut justitiam. Chartae Artic. c. 29. Will not Kings deny Justice, and may they deny just Laws? Not to private Persons, and yet to the Representatives of Nations? Not in the Inferior Courts, and yet in the Supreme? They are created and elected Kings that they should do Justice to all indifferently. Bracton l. 3. c. 9 Ad hoc creatus & electus est ut justitiam faciat universis per eas nimirum leges quas vulgus elegerit. Hence in Archivis. H. 4. Rot. Parl. Nᵒ. 59 Non est ulla Regis Prerogativa quae ex justitia & aequitate quicquam derogat. King's have no Prerogative, which derogate from Justice and Equity. And when Kings have refused to make or confirm Magnas Chartas good Laws, they have been compelled by force of Arms, and such Laws accounted as good and valid by the best Lawyers; the reason given is, That they of right and of their own accord ought to have assented unto that which they were forced to do. All Courts of Judicatory are Authorized and Confirmed by Parliament, in which it is Lawful for the meanest of Subjects to implead Kings; in which Courts Judgement is often given against Kings, which though endeavoured to be contradicted or countermanded by Kings, yet the Judges by the Laws of God and Man, and by their Oaths, are obliged to refuse their Mandamus', and to give right Judgement, for the judgement is the Lords. King's can justly Imprison no Man, nor punish any Man, nor seize their Goods or Estate without Citation out of Courts where the Judges, not Kings have all the Power. So Bracton l. 3, c. 9 Regis potestas Juris est non Injuriae, and nihil aliud potest Rex, nisi id solum quod de Jure potest. The Power that Kings have, is to do right, not to wrong the least of their Subjects. The most ancient Records do evidence, that they own what Power they have, not to Force, or Arms, not to Inheritance, not to Succession, but unto the Grant of the People; Records tell us, that such Kingly Power was given by the People unto Hen. IU. and before him to Rich. II. Rot. Parl. 1. Hen. IU. Nᵒ. 108. And accordingly Kings by their Edicts, Patents, Commissions, Diploma's, do Authorise their Deputies, Lieutenants, and Precedents. So the House of Commons granted to Rich. II. that he should enjoy such Liberties and Franchises as Kings his predecessors enjoyed before him, which when he contrary to his Oath did violate, and abuse, to the subversion of the Laws, was by the same Power deposed: The same Roll testifieth that they gave like Power to Hen. IU. which Powers were plainly fiduciary; and which the Parliament would not have given, but that they had a right so to do: neither would the King have been so injurious to Posterity, as to have accepted of it from the Parliament, had they had a just right to such Powers in themselves without such deligation; which plainly shows Kingly Powers to be fiduciary, acquired, not innate, nor inherent in their Persons, such Powers as Generals of Armies (Imperatores Bellici) have, deligated to Defend, not to Subdue, or Oppress them, from whom their Power is deligated. It were impar congressus, great folly, nay, madness, for Parliaments and People to choose Kings, and swear them to the observance of a Chart of Laws, how great soever, that they may have Power of the Militia absolutely in their own Power to play Rex with all unaccountably. In sum, Kings do not Govern by a mere Kingly or Divine Power, but by a Politic Power, the People being to be governed by the same Laws which they themselves do make, and not by such Laws as Kings shall please to impose at their own will and pleasure. In sum, We are all born free, and may make what Laws we please, and commit the Administration and Execution of them to one or more as we please, always observing one above the rest most Ancient and most Authentic, even the Law of Nature, ever to be had in greatest Veneration; which directs all Laws, all just Right, all civil Empery not to the will, pleasure, and lust of Kings, but to the Good of the governed. CHAP. IX. What was Lawful for the Jews to do for the keeping of the Law, and maintaining and propagating of Religion, is Lawful now for all Christians under the Gospel: certainly God never Covenanted, nor ordained Covenanting in vain, whether for Religion or Civil Rights. FROM what was Lawful for the People of the Jews to do, and from what was commanded them by God to do concerning the keeping of the Law and observation of his Commands, we may conclude, that the same is now Lawful for Christian People of any Kingdom to do concerning the Care, Practice, and Defence of both Law and Gospel. God having chose the People, the Jews, above all the Nations of the World, to be his peculiar People, made a Covenant with them, That when they came into the Land of Promise they should be his People, and he would be their God. This is expressed, as in many places of Holy Writ. so more especially Deut. 7. 6. & 14 2. The Lord thy God hath chosen thee to be a special and peculiar People unto himself, above all People that are upon the face of the Earth. And the force of the Covenant was, That all the People should take care that God should be purely worshipped and served of all the Tribes, and that he should have a pure Church in the midst of them, Deut. 27. 9 where Moses, and the Priests, and Levites, as Ministers, and as in God's stead spoke unto all Israel, saying, Take heed, and hearken, O Israel, this day thou art become the People of the Lord thy God; thou shalt therefore obey the voice of the Lord thy God, and do his Commandments, and his Statutes, which I command thee this day, Deut. 17. 9, 10. But more fully yet in Joshua, who gathered all the Tribes of Israel to Sechem, and said unto all the People, thus saith the Lord God of Israle, your Fathers, etc. Now therefore fear the Lord, and serve him in sincerity, and truth, etc. And the People answered, We will serve the Lord, for he is our God. And Joshua said unto the People, ye are witnesses against yourselves, that you have chosen you the Lord, to serve him; And they said, We are witnesses, the Lord our God will we serve, and his voice will we obey. So Joshua made a Covenant with the People that day, Josh. 24. 2, 14, 18, 22, 24, 25. and Joshua read all the words of the Law, the Blessings and Cursings over against mount Gerazin, and mount Ebal, according as they kept or violated the Covenant. There was not a word of all that Moses commanded which Joshua read not before all the Congregation of Israel, with the Women, and the little Ones, and the Strangers that were conversant among them: And all the People answered, Amen, Deut. 27. Which Premises will yield this natural conclusion, That this Stipulation did not oblige one single Person only, but all the People of every Nation, to take care that God's Laws and Covenants be kept and performed, and that Idolatry, Superstition, etc. be banished and destroyed. For the same reason all the Tribes did Encamp and pitch their Tents round about the Ark where it lodged, to show that that which was recommended to the care of all, should be governed and defended by all, Numb. 2. 2, 17. Consider the practice hereof. The Gibeonites having abused the Levites Concubine to death, the Levites divided her into Twelve pieces, and sent her into all the coasts of Israel: then all the Children of Israel went out, and the Congregation was gathered together as one Man in Mispeh; considering that so great a sin committed in Israel ought to be expiated and punished by all; to whom, after the Levite had declared the wickedness, they by common consent resolved to have satisfaction of Gibeah and the Benjamites; which being refused, they fought against them and destroyed them; to which God gave encouragement and success, Judg. 19 20. Thus was the breach of the Second Table of the Law expiated on a whole Tribe, which had so offended, by all Israel. So ought all Nations to do their utmost to revenge such Impieties. We have the like Example for the breach and violation of the First Table, Josh. 22. When the Children of Reuben, and the Children of Gad, and the half Tribe of Manasseh had built an Altar by Jordan, verse 10. Which, when the Children of Israel gathered themselves together at Shiloh, to go up to War against them; for that in so doing they had rebelled against the Lord, and rebelled against them (for having thereby violated the Covenant which they all made with God) in building an Altar besides the Altar of the Lord their God, verse 19 not for worshipping (as they truly professed) but for memorial; so fearful they were of God's Wrath, that they presently dispatched an Embassy by Phineahs, and with him ten Princes, of each chief House a Prince throughout all the Tribes of Israel, to their Brethren, to expostulate the matter, and to prevent their sin. And see how pithily they dealt with them. Is the iniquity of Peor too little for us, from which ye are not cleansed to this day, but that ye also must depart from following the Lord, verse 17. and it will be, seeing ye rebel to day against the Lord, that to morrow he will be wrath with the whole Congregation of Israel, verse 18. Therefore rebel not against the Lord; nor rebel against us in building you an Altar besides the Altar of the Lord your God, verse 19 Did not Achan the Son of Zerah commit a trespass in the accursed thing, and wrath fell on all the Congregation of Israel? And that Man perished not alone in his iniquity, verse 20. But they returning Answer by the Ambassadors, That they built it not to turn from following the Lord, nor for burnt offerings, nor for sacrifice, but for memorial only, and for a witness between us and you, and our generation after us, that we might do service to the Lord, etc. verse 26, 27. Then Phineahs, and the Princes of the Congregation, and Heads of the Thousands of Israel which were with him, said to the Children of Reuben, etc. This day we perceive that the Lord is among us, because ye have not committed this trespass against the Lord, but have delivered the Children of Israel out of the hand of the Lord, verse 30, 31. These practices are sufficient warrant and Authority to all Nations, and degrees of Christian Men, to maintain and defend the true Christian Religion in its purity against all opposers; for as the Covenant was made with all, so all are obliged to stand to it: & qui non vetat peccare quum possit, Jubet. What sins of others we labour not within our Province to prevent, are ours in the guilt as well as those of our own personal commission. Besides, this Fact of the Children of Reuben and the rest, had it not had that just excuse, it had been Rebellion as well against their Brethren as against God, and is so declared, verse 19 Rebel not against the Lord, nor rebel against us, and would have provoked God's Wrath, and pulled his Judgements on the whole Land; in which common Calamity the just and innocent must have suffered, and been involved, as well as the unjust Offenders; and therefore by the natural Law of self preservation, they justly might endeavour to prevent the Judgements and Curses threatened by their own strength and endeavours; for which reason also all Nations are obliged, and have just warrant by the Law of God and Nature, to prevent both by Council and Force, as far as in them lies, and they sin if they do not. The Law warrants it. Thou shalt rebuke thy neighbour plainly, and not suffer him to sin, Levit. 6. 17. The Gospel countenances the same. Communicate not with other men's sins, 1 Tim. 5. 22. This Covenant was first made between God and the People. Afterwards when Kings were set over the People, the very same Covenant was renewed and confirmed. At the Installation or Inauguration of the King, there was a twofold Covenant made; first between God, the King, and the People, or between the high Priest (God's Substitute) the People and the King, (the People being preferred to the first place, 2 Chron. 11.) The end and design of which was, That the People should be the Lords People, 2 Chron. 23. 16. 2 Kings 11. 17. And the King went up into the house of the Lord, and all the men of Judah, and all the inhabitants of Jerusalem with him, and the Priests, and the Prophets, and all the People both small and great: and he read in their Ears all the words of the Book of the Covenant, which was found in the House of the Lord. And the King stood by the Pillar, and made a Covenant before the Lord, to walk after the Lord, and to keep his Commandments, and his Testimonies, and his Statutes, with all their heart, and with all their soul, to perform the words of this Covenant that were written in this Book: and all the People stood to the Covenant, 2 Kings 23. 2, 3. Most certainly God never ordained this Covenanting between King and People in vain. If the People had no Power nor Authority in promising and performing, Covenanting and Reciprocal swearing had been mere superfluous and vain appointments. And for certain God never created nor ordained any thing in vain. Most probably, nay, most certainly, the Covenant was made inter King, Priest, and People, for the more certain performance thereof, that if either the one or the other did the Work of the Lord negligently, or violate the Covenant, the other might force obedience and performance, and be a check to each other: The Priest to teach them the Law. If the People transgressed, the King to use his Authority: if the King, the People to use their utmost, and all, to prefer the good and benefit of the whole before any private Interest whatsoever. Both King and Israel plighted their Troths together, not separately. If two are joined in Covenant of such a nature as cannot be broken by the one, but the other must necessarily and unavoidably be damnified and endangered by such breach, the injured Party may in common Justice, and by the Law of Nature, defend and right himself. If Israel forsake God and worship Idols, the King may punish. If King's sin after the same manner, Israel may reform by the same Law. Thou shalt make no Covenant with them, nor with their Gods; they shall not dwell in the Land, lest they make thee sin against me, Exod. 23. 32. But ye shall destroy their Altars, break their Images, cut down their Groves, etc. Exod. 34. 13. Of the selfsame nature is the Covenant here treated of. God in his infinite Wisdom thought it best not to commit the care and oversight of his Covenant, and of his Church and People, to the will and pleasure of one single Person, but as both King and People are all the anointed of the Lord, and equally concerned in the keeping or violation thereof; and consequently, in the Blessings and Cursings denounced on Mount Gerazim and Mount Ebal, so his Charge was equally incumbent both on King and People, that it being equally every Man's concern, so it is every Man's duty and care, both jointly and severally, that it be kept inviolably, and he will require performance accordingly at their Hands. Saul being constituted King over Israel, Samuel being Priest and Prophet of the Lord, renewed the Covenant, viz. If ye will fear the Lord, and serve him, and obey his voice, and not rebel against the Commandment of the Lord, then shall both ye, and also the King that reigneth over you, continue following the Lord your God. But if ye shall still do wickedly, ye shall be consumed both you and your King, 1 Sam. 12. 14, 15, 25. By wickedness, in this place, is most especially meant, in that they had rejected the Government which God himself had appointed, as best for them, and chose a King to be set over them; and we rebelled against God. The reason assigned is, because they were God's own peculiar People, hereby it's manifest, that both King and People were both equally joined in the Stipulation. So Asa, King of Judah, by the Prophecy of Azariah the Prophet, congregated all the People, viz. Judah and Benjamin, where were also many of Ephraim, Manasseh, and Simeon, and made a solemn Covenant to seek the Lord God of their Fathers, with all their heart, and with all their soul: that whoever would not seek the Lord God of Israel should be put to death, whether small or great, man or woman, 2 Chron. 15. 12, 13. Deut. 13. 9 & 17. 7. Here you see the King himself is not exempted. These Examples, with those before, and those that follow, will justify this Kingdom in all that they have done, to free us from unreasonable and cruel Men, and Popish Tyranny; and also the Auxiliary Expedition of the Prince of Orange to be the most glorious and most righteous Action that ever Prince undertook, because he came to help the Lord against the mighty, who both at home and abroad, had in their imaginations and endeavours, designed the Enslaving of all the Protestants of Europe; which Action God hath hitherto signalised by prospering his Arms with very little Blood. Whoso is wise and will observe these things, shall understand the loving kindness of the Lord, Psalm 107. CHAP. X. Whole Kingdoms and Nations have Power to reform. Faith equally plighted between King and People ought equally to be kept. Care of Religion, Peace, Justice, Safety, Liberty, etc. are incumbent on all the People, especially on the Ordines Populi. The common and true Cause of Rebellion is abuse of Power, not Disobedience to the lawful Commands of Kings. Obedience to unjust Commands of Caesar's is sin, and to assist in such is to make themselves Participes Criminis. Opposition to Popes or Kings tyrannising, is not Rebellion against Christ's Vicars or Vicegerents, but opposition to wicked Men acting wickedly. Defensive Arms justified by Authorities. NOW, who should have Power to reform things done amiss by Kings but all the People, to whom he hath sworn as solemnly, as they to him, and both to God Almighty, who is witness between them. So Josiah the King, with the Priests, Prophets, and all the People both small and great went up into the house of the Lord, and made a Covenant before the Lord to walk after the Lord, etc. and all the People stood to the Covenant; 2. King. 23. 2, 3, 4. Why should the Common consent of all the People be so solemnly required? Why should Israel and Judah be so strictly obliged to the observation of God's Holy Laws and Commandments? Why should they so sacredly promise to be the Lords People, unless Power and Authority were given to them also to free themselves from Covenant▪ breaking and from Perjury, and to defend Holy Church? Wherefore was a Covenant made with the People, that they should be the People of God zealous of good Works, if they must obey the unjust Commands of Kings, it may be to worship strange Gods, or to permit monstrous sins to reign among them, if it be not lawful to put to their assistance, and endeavour to hinder and reform? And why should they be blamed, or Judgements poured upon them if they have no Power from on High to perform what was so solemnly required, and so solemnly promised? that God should so solemnly require their Vow and Promise, and yet not give them Power and Authority to perform, is monstrous to conceive. God never requires more than he gives; Brick without Straw, that is the Property of Pharaoh and his hard Taskmasters: It's much more agreeable to truth, that all Covenants of like nature and purport are equally obliging both to King and People, and the care and Authority of each over the other for adjusting of performances, is reciprocal and equal; it being a Gospel Principle, That God's peculiar People (which are his true Church) ought to be solicitous, not only to abstain from evil themselves, but also to prevent it in otheers: A notable Example whereof is before mentioned in the People of Israel, Josh. 22. who out of abundant Caution, minding the Concerns of their Brethren as their own, when they heard that the Reubenites, Gadites, and half the Tribe of Manasseh had erected an Altar, not for worshipping (as they truly protested) but for memorial and witness: So fearful they were of God's Wrath falling on them, that they soon dispatched an Embassy to their Brethren to prevent their sin as before. Hence it is that the Prophets of old standing in the Gate of the Children of the People, whereby their Kings came in, and by which they went out, did so often put them in mind of their Duty, and of keeping Covenant; and not only that they should not sacrifice to Baal, but that they should destroy both Baal and his Priests, and root them out of the Land whether the King will or no; for when Ahab had killed the Prophets of God, Eliah the Prophet congregated all Israel, not tumultuously, but by public Authority and common consent, unto Mount Carmel, and the Prophets of Baal Four hundred and fifty, and the Prophets of the Grove Four hundred, which did eat at Jezabels' Table, and had convinced them of their Idolatry, and to be false Prophets, the People at his command killed them all at the Brook Kishon, 1 King. 18. whereby it appears, that the King neglecting his Duty, all Israel as obliged ought to discharge theirs. On the contrary, as often as Kings violated their Covenants, or profaned the Worship of God; and the People of Israel (as we said before of Covenants, where the breach of one party manifestly prejudiced, the other Covenanters threatening Ruin and Destruction to the Innocent) through Negligence, sinful Connivance, or any other sinister By-end, or Respect did not restrain him, their Judgements came also upon the People as well for their non-performance, as on Kings for theirs, which mostly happened, for that the People are more apt to follow the Examples of their Kings, than to repent and amend, or mind him of the Errors of his ways. Wherefore did the Host of Israel, with Saul and his two Sons fall down slain in Mount Gilboa by the Philistines? 1 Sam. 31. Would God (think you) revenge the Sins of the King upon the People if innocent? Far be it from the Judge of all the Earth to stay the Righteous with the wicked, Gen. 18. 25. or take vengeance on the People for the Sins of the King; the Soul that sinneth it shall die, Ezek. 18. 4. Every Man shall be put to death for his own Sin, Deut. 24, 16. was it not rather because the People did not resist, or restrain, but assisted Saul their King, violating the Law of God, and wickedly persecuting the Man after Gods own Heart, and killing the Priests of the Lord. Saul desiring to enlarge them Borders of the Tribe of Judah at his entrance into Canaan, broke public Faith with the Gibeonites, and destroyed many of them (the Children of Israel having sworn unto them) by which he broke the third Commandment, God being witness to his Covenant with the Gibeonites: he broke also the sixth Commandment, and so the breach of both Tables God himself would revenge; the breach of which Covenant and Oath was justly laid to Saul and his Family. Now Saul being dead, and David constituted King, 2 Sam. 21. 1, 2. God sent a Famine in the days of David three Years, Year after Year upon the whole Land; and David inquired of the Lord, and the Lord answered, It was for Saul and his bloody House, because he slew the Gibeonites, which Famine ceased not till David delivered seven Sons of Saul to the Gibeonites, whom they hanged in Gibeah of Saul unto the Lord, v. 6. 8. But was the Famine over all the Land for Saul's fault only? No, both King and People were both punished, the one for breaking Covenant, the other for not resisting, and not hindering the King, or as being accessary to do this Evil. How came it to pass that God never punisheth the sins of the King upon the People, nor the sins of the People upon the King, and yet he sent a Famine on the whole Land, Saul the chief Actor being Dead, (and consequently Actio moritur cum persona;) but because the People suffered so manifest a Sin to be committed by their sinful connivance, and used no endeavours to resist or hinder him as they ought▪ Can Punishment by any right be inflicted on any for a Crime whereof they are not guilty? Alieni secleris quenquam poenas pati Jura non sinunt, 2 Kings 14. 6. Wherein did the Israelites sin, if not by tolerating Saul to do as he did, when they ought and might have hindered him? When Menasseh had polluted the Temple of the Lord, and shed Innocent Blood, which the Lord would not pardon, 2 Kings 24. 4. why did the Lord threaten not only Menasseh, but his People with Judgements; but because they being under the same Covenants with Manasseh, they would not restrain the King from persisting in his wickedness, but did connive, countenance and assist him in his Impieties, 2 Chron. 33. 17. Herod and Pilate condemned Christ, the Priests delivered him to Death; yet the Curse fell upon the whole Nation; and why? because the People might have delivered him as well as they did Barrabas, and did not, but impricated Curses upon themselves and their Children. It is the duty of all Nations to take care not only that Criminals be punished, but that no Crimes be committed; which made Hezekiah pull down the Brazen Serpent, though set up by Moses, (when it came to be abused:) 2 Kings 18. 4. It being the duty of the People by common consent to hinder Kings as much as in them lies, from violating the Law of God, and from injuring his Church and Saints; and if they do not, they are guilty of the same crime, and liable to the same punishment. Resist they may, by opposing words to words, force to force, stratagem to stratagem, (always avoiding perfidiousness, which is always disallowed and hateful to God and Man) For in War it matters not whether it be managed by open Force or secret Stratagems. By People is not meant the Many▪ headed-Monster-Multitude, but by the Universal People is to be understood those who have any share in the Government, or any Authority from the People conferred upon them by any Laws made by public consent, as inferior Magistrates either chosen by the People, or any other way constituted to take care of public Peace, and concerns of the Laws of the Land, and worship of God in their several qualifications, be they Tribunes of the People, Ephori, Praefects, Praetors, Judges, Justices of the Peace, Constables, Captains of Thousands, Captains of Hundreds, Captains of Fifties, or other inferior Officers or Magistrates, which are as Consorts of the Empire, and are in the vacancy of the public Sanhedrims, Diets, Parliaments, etc. As it were the Epitome of every Kingdom, and Ephori of Kings, and Conservators of the Public Peace thereof, to and among whom all the public concerns of a Nation are referred, of which sort in a manner were the Seventy Elders in the Kingdom of Israel, among which there was a Chief Priest, which did judge the Arduis Regni, which were not to be Hobby-horsed in and out by the High Priest, according as they would or would not serve a sinister turn; and they were chosen out of the Seventy Families which went down into Egypt, the Elders of which were first chosen and made Heads over the People, Rulers of Thousands, Rulers of Hundreds, Rulers of Ten, and the hard causes they brought unto Moses, Exod. 18. 25. We read often in Scripture of all Israel, of all Judah, and Benjamin etc. when in all probability every Individual did not at all times meet, of which sort and kind there is in all well constituted Kingdoms several Congregations of the Kingdoms, Officers of the Kingdom, as the Privy Council, Peers, Patricians, Judges, Sessions, Assizes, Lord Lieutenants, Deputy Lieutenants, Mayors, Bayliffs of Towns and Cities, as the ordinary Councils and Officers of a Kingdom; and as Councils extraordinary chosen out of them all to consider de Arduis Regni, which are Officers of the Kingdom, and called by several names in several Kingdoms, as Diets, Parliaments, etc. which provide that no detriment come to either Church or State, in which tho' every individual be inferior to the King, yet the Joint Body, being the Representative of the whole Kingdom, is superior, and to be preferred before him. For as the Council of Basil and Constance decreed, that a General Council was superior to the Pope, and the Chapter to the Bishop; for that they which receive any Authority from any Company of Men, must needs be inferior to that Company, though he be personally superior to every Individual of that Society. So without all doubt, Israel which petitioned for, and chose Saul from among themselves to be their King, as a public Actor for the common good of them all, was superior to Saul. When we attribute any power to the People, it is to be understood of the Officers, Princes, Elders, Parliaments, Diets, that have a share in the Government and in the Legislative Power. Take Athaliah 2 Chron. 24. for an Example, in which Act the Kingdom was not opposed, but Tyranny; which Conspiracy though acted so very privately, and as it were by stealth, yet blamed neither by God nor Man, but justified by all Writers both Sacred and Profane, and the success answered the end designed. As the King, so all Israel as one Man, the several Cities as parts of the Kingdom, and their Magistrates did covenant with God to keep his Laws, etc. Joshua when old and near his end, congregated all Israel in Sechem in the Presence of the Lord, (for the Ark of the Covenant was there,) and called for the Elders of Israel, and for their Heads, and for their Judges, and for their Officers, and they presented themselves before God, Josh. 24. 1. And he said unto them, fear the Lord and serve him, etc. and the People answered and said, God forbid that we should forsake the Lord to serve other Gods, ver. 14. 16. And Joshua said unto the People, ye are witness yourselves, that you have chosen you the Lord to serve him. And they said we are Witnesses, ver. 22. So Joshua made a Covenant with the Lord that day, and set them a Statute and an Ordinance in Sechem. And Joshua wrote these words in the Book of the Law of God, and took a great Stone, and set it up there under an Oak that was by the Sanctuary of the Lord; and Joshua said unto all the People, Behold this Stone shall be a Witness unto us, for it hath heard all the words of the Lord which he spoke unto us, it shall be therefore a Witness unto you, lest you deny your God, ver. 24, 25, 26, 27. Hence it is evident, that as every individual Person, so more especially all Officers in a Kingdom, that have any public Authority, ought every one in their several stations to take care that God's Law be fulfilled, and of the People's happiness; which Officers are Officers of the Kingdom from whom they have their Authority, according to Laws of their own making, and to them they are accountable. If the Ark of God be to be brought back, than all of the Congregation of Israel are to be summoned and consulted, and to give their help. 1 Chron. 13. 2 Chron. 15. So if a Temple be to be built to the Lord, the chief of the Fathers and Priests of the Tribes of Israel, and the Captains of Thousands and of Hundreds with the Rulers are summoned, and moved to offer willingly, 1 Chron. 29. So that there is no power committed to Kings to alter or change the Laws, Covenants, or Worship of God. So in the Covenants under Joah and Josiah, between God, the King and the People, all the Kingdom were present, and all were particularly bound to keep and stand to the Covenant; so that not the King only, but the Kingdom, nor the Kingdom in general only, but all the Parts thereof, promise Faith and Allegiance to God Almighty. Not the King only, but Israel; not Israel only, but the Cities and chief Governors of them did secretly bind themselves to God, to do him homage and liege Services against all Infractors of his Laws. 2 Kin. 11. 23. 2 Chron. 23. For Example, Libnah revolted from Jehoram, because he had forsaken the Lord God of his Fathers, 2 Chron. 21. 10. So Mattathias, and all they that fled from the Persecution of Antiochus, joined themselves together, and smote sinful men in their anger, and wicked men in their wrath; and they pursued after the proud men, and the work prospered in their hands. So they recovered the Law out of the hand of the Gentiles, and out of the hand of Kings; neither suffered they the sinner to triumph, 1 Macc. 2. 42, 47. saying, We will not hearken to the King's word to go from our Religion, either to the right hand or to the left, verse 22. So his Son Judas Maccabeus was valiant for the truth, and fought for the People and the Sanctuary, so prosperously, Deo favente, against Antiochus, that he recovered Jerusalem, and restored the pure worship of God from the Gentiles, 1 Macc. 3. Though others took part and were obedient to Antiochus, and they fell together with the Persecutor for their so doing by the edge of the Sword. When Israel did evil in the sight of the Lord, he sold them into the hand of Jabin, King of Canaan, whom they served twenty years, (a fair prescription for a Kingdom) worshipping strange Gods; among whom especially were the Tribes of Reuben, Ephraim, Benjamin, Dan, Asser, etc. who adhered to Jabin. Nevertheless Deborah, who judged Israel at that time, levied force with the assistance of the other Tribes of Zabulon, Napthaly, and Issachar, over whom they made Barack Captain, and went along with them, being ten thousand men, and discomfited the Host of Sisera, Captain of Jabin, and restored the true Worship of God to Israel: and then sang Deborah, etc. Judg. 4. 5. Happily some may say, that these Facts of Deborah, Jael, Mattathias, and Libnah, ought not to be drawn into imitation and practice, as being stirred up by motions extraordinary, like that of Phineahs', and the Book itself but Apochyphas, and not so Authentic as Scripture. What then? It's certain, that not only the King, but all Israel and the parts thereof, viz. the several Cities and their Magistrates (as in Josh. 24.) covenanted before God, and did swear to worship the true God according to his Law; which Covenant is expressly in force to this day in all Christian Kingdoms, where King and People Covenant each with other, and tacitly or interpretatively; also where Kings Rule Vi & Armis, or by fraud, or any other unjust way, which is downright Tyranny. The People are the People of God, and obliged in the first place to God, and then to the Kingdom, and to the King: and though the King have the formality and executive part of Power (all Writs, Executions, Proclamations, etc. issuing in his Name,) yet the People have the true Dominion originally. Sunt enim universa in Regis Imperio, non in Patrimonio. Seneca lib. 7. de Benef. c. 6, 7. Omnia Rex imperio possidet, singuli dominio. Consult all Histories, search all Antiquity, and you will find the true cause of all Rebellion, in all Ages, and in all Countries, to have risen originally, and most especially, from the abuse of Power first, and not from the disobedience of Subjects to the lawful commands of Kings. If Kings command unlawful things, as they have no Authority so to do, so Subjects have no Obligation to obey. When Covenants between Prince and People are of such a nature as cannot be broken or violated by either King or People, without doing manifest Injury to the other: The injured party may seek his Redress and Relief, though it be vim vi repellendo, which is always to be understood of unjust Force. For if the Force be unjust, the Defence must be lawful; and, chose, if the Force be just, the Defence must be unlawful. So that Kings and Princes, if transgressors, are as truly Transgressor's and Invaders against their Kingdom and their Laws, as the People are against them and the Laws when they transgress. Do Subjects obey the commands of their Princes, which they may lawfully command, and which they of right aught to obey, without entrenching on God's commands? Do they pay them Tribute, Suit, and Service, not contrary to God's Laws, as they ought? So to obey Cesar is just, lawful, and praiseworthy. But to obey Cesar's, exceeding their just bounds, commanding without warrant of Law, affecting, and designing a greater Empery without the consent of the governed; or, if they invade or violate the Laws of God, perverting the right Worship of God, (who is above all Kings and Governments) it is unjust; and to assist Cesar's in such cases is unlawful, and they that do, make themselves partakers of other Men's Crimes. Anno Domini 1300. Pope Boniface VIII. challenged some Regalia which belonged unto Philip the Fair, King of France, whereupon Philip sharply reproved the Pope by his Letter, even in those days when the Pope was accounted the Vicar of Christ on Earth, and Head of the Universal Church, according to Communis error, Juris loco erat. Notwithstanding, the Sorban answered, That both King and Kingdom might safely withdraw themselves from their Obedience to the Pope without any guilt of Schism, because not Separation, but the Cause, made Schism; and that they did not oppose the Vicar of Christ, but a wicked Man, guilty of many Crimes. Sieur de Mezerai: annal Franciae Archivae Camerae Ratiociniorum Lutet. L. Barbar. Ph. de Senat. If the Cause be just, the Separation is from the high Priest or Bishop, not from the Church. Or more properly from Boniface, not from the high Priest. Unless such distinctions and discriminations are allowed for true and Authentic, how can the Souls of whole Kingdoms be distinguished and separated from the Church? If Kings invade the Rights of God Almighty, and oppress his People (who are the Temple of God) with servitude, denying their Rights, Privileges, and Liberties which God hath given them, and for which Christ died, we may much more use the same distinction, and in opposition to such Kings, or rather Tyrants, we may justly say, That not the King, but the Tyranny, is opposed. Anno 1408. Benedict XIII. did grieviously oppress the Gallican Church with Tributes and Exactions; whence a Convocation of the French Clergy being called by Charles VI they decreed, That the King and Kingdom ought not to obey Benedict, as being an Heretic and Schismatic, and unworthy of any honour; which the States of the Kingdom allowed, and the Parliament of Paris approved by their Arrest. annal Car. 6. Monstreletus. Moreover, they whom Benedict did excommunicate as Enemies of the Church, they judged them forthwith absolved of such Excommunications; and that thereby they were not excluded or deprived of any Benefit or Privilege of the Church. Ibid. The like we read to have been done as at other times in France, so in other Kingdoms. Which evidently shows, That if Kings, and Princes, or States, do tyrannize, or extend their Power beyond its just bounds, Subjects may without any just imputation of Delinquency or Rebellion withhold their Tributes, withdraw themselves from their Obedience, or resist their Tyranny: It being one thing to resist an evil Pope, another thing to resist the Church; one thing to resist a King, another thing to resist a Kingdom or Tyranny. We read, That Edom revolted from under the hand of Judah, and made a King over themselves: And Libnah revolted from Jehoram, 2 Kings 8. 20, 22. yet after the true Worship of God was restored, we find Libnah numbered among the subjects of Ezekiah, Chap. 19 8. If this distinction be of force when the Pope (who arrogantly assumes to himself Superiority over Kings and Princes, invades their Rights, or the Rights of the Church, is it not much more just, if Princes, I might say Vassals, invade the Rights and Regalia of the great God of Heaven and of Earth? It stands therefore sure, that Princes commanding unlawful things, or forbidding Holy things, or introducing a False or Idolatrous worship, the People, or rather Parliaments, Diets, Senates, the several Officers, or inferior Magistrates, having a share in the Government, and entrusted with the common concerns of the Kingdom by the People, both may and aught to hinder or resist unlawful commands. All, or at least the Governing Magistrates of Kingdoms and Cities, as first impowered by God, and then constituted by Princes by Authority derived from the People, aught to promote in their several Stations and Provinces, first the Glory of God, and of Holy Church, and then the Good and Welfare of Kingdoms, Cities, and Free States; and if they do not, it is in them Crimen laesae Magistatis, and they become participes criminis by such their sinful connivance. Let us now consider what Bishop Bilson, Bishop of Winchester, as learned and as honest a Bishop, and as sound a Divine as ever sat on that See, and who hath written a most learned Treatise of the difference between Christian Subjection and Unchristian Rebellion, in the days of Queen Elizabeth. The Romans did not love the name of King, and the Commonwealth of Venice, Milan, Florence and Genoa, are of the same mind: many States have Governors for Life, and for Years, and yet a Sovereignty still remaining in the People or Senate, or in the Prelates and Nobles, that elect, or assist the Magistrate; who hath his Jurisdiction allotted and prefixed unto him, and may be resisted and recalled from any tyrannous excess by the general and public consent of the whole State. In Germany the Emperor himself hath his bounds appointed him, which he may not pass by the Laws of the Empire; and the Princes, Dukes, and Cities, that are under him, have Power to use and govern the Sword as God's Ministers in their own charges. And though for the Maintenance of the Empire they be subject to such orders as shall be decreed in the Convent of all their States; and according to that direction are to furnish the Emperor with Men and Money for his necessary Wars and Defences: yet if he touch their Policies, infringe their Liberties, or violate the Specialties, which he by Oath and Order of the Empire is bound to keep, they may lawfully resist him, and by force reduce him to the Ancient Government; or else repel him as a Tyrant, and set another in his place, by the Right and Freedom of their Country. Bilson's Subjection, p. 513. Zuinglius saith, That if the Empire of Rome, or any other Sovereign should oppress the Truth, and they negligently suffer the same, they shall be charged with contempt no less than the Oppressors themselves. Zuingl. lib. 4. Epist. Zuing. & Occol. f. 186. And elsewhere, when Kings rule unfaithfully, and otherwise than the Rule of the Gospel prescribeth, they may with God be deposed; as when they punish not wicked Persons, but especially when they advance the ungodly and idle Priests, such may be deprived of their Dignity, as Saul was. Art 42. Expl. f. 84. So God by Jeremy threatened to destroy the men of Judah and Jerusalem, for that they suffered their King Manasseh to be unpunished, King. 4. 21. Jer. 15. And yet the People of Israel had no declared Sovereignty over their Kings, but only a tacit and implied Sovereignty by the Laws of God and Nature. So when Saul would have put Jonathan his Son to death, the People would not suffer him so to do, but delivered Jonathan that he died not, 1 Sam. 14. When David purposed the reducing of the Ark, his Speech to the People was, If it please you, we will send to the rest of our Brethren, that they may assemble themselves unto us: and all the Congregation said, that they would do so; for the thing was right in the Eyes of all the People, 1 Chron. 18. After Solomon's death, all the Congregation of Israel said to Rehoboam, 1 Kings 12. make thy Father's yoke which he put upon us lighter, and we will serve thee: because it lay in their choice to subject or free from the King's Power. The People likewise took Jeremy when he had prophesied against them, and said, Thou shalt die the death, Jer. 26. And afterwards reversed their Sentence, upon Jeremy's declaring, That the words he spoke were commanded from God. Bilson 514, 517. The Duke of Saxony and the Lantzgrave answered the Emperor, Forasmuch as Cesar intendeth to destroy the True Religion, and our Ancient Liberties, he giveth us cause enough why we may with good Conscience resist him, as both by Profane and Sacred Histories may be proved. The Ministers of Magdeburgh delcare, how the Inferior may defend themselves against the Superior, compelling him to do against the Truth and Rule of Christ's Laws. The Germane Lawyers made evident demonstration, That the free States by the Laws of the Empire might defend their Liberties against Cesar, to whom they were subject with that condition; so may any other Nation, if their Magistrates infringe their Laws and Liberties. In the Troubles of Germany Anno Dom. 1546. when the Duke of Saxony and the Lantzgrave were Prescribed or Outlawed, they remonstrated, That if the Emperor had kept his Covenants, they would have done their Duties, but because he began first to make the breach, the fault is his. For since he attempts to root out Religion, and subvert our Liberties, he giveth us cause enough to resist him with good Conscience; matters standing as they do, we may resist, as may be showed both by Sacred and Profane Stories. Unjust violence is not God's Ordinance, neither are we bound to him by any other reason, than if he keep the Conditions on which he was created Emperor. Sleid. 18. p. 212, 213. So the Magistrates and Ministers of Magdeburgh declared, That if our Religion and Liberties, left us by our Forefathers, be preserved, we refuse no kind of Duty that ought to be yielded unto Cesar or the Empire. Now, by the Laws themselves it is provided, that the Inferior Magistrates shall not infringe the right of the Superior; and so likewise if the Magistrate exceed the limits of his Power, and command that which is wicked, we need not only not obey him, but if he offer force we may resist him. Lib. 22. p. 266. Anno 1550. If a Prince should go about to subject his Kingdom to a Foreign Realm, or change the form of a Commonwealth from Empery to Tyranny, or neglect the Laws established by common consent of Prince and People, to execute his own pleasure. In these and other cases which might be named, if the Nobles and Commons join together to defend their Ancient and Accustomed Liberties, Regiment, and Laws, they may not well be accounted Rebels, (modestly expressed) Bills. 520. The People may preserve the Foundation, Freedom and Form of their Commonwealth which they fore prized when they first consented to have a King, the Law of God giveth no Man leave to resist his Prince. But Kingdoms and Commonwealths may proportion their States as they think best by their public Laws, which afterwards the Princes themselves may not violate. By Superior Powers ordained by God, we understand not only Princes, but all Politic States and Regiments, some where the People, some where the Nobles having the same Interest to the Sword that Princes have in their Kingdoms, and in Kingdoms where Princes beat Rule. By the Sword, we do not mean the Prince's private will against his Laws, but his Precepts derived from his Laws, and agreeing with his Laws: which though it be wicked, yet may it not be resisted of any Subject with armed violence. Many when Princes offer their Subjects not Justice but Force, and despise all Laws to practise their Lusts, not every, nor any private Man may take the Sword to redress the Prince; but if the Laws of the Land appoint the Nobles, as next to the King, to assist him in doing right, and withhold him from doing wrong, then be they licenced by Man's Law, and so not prohibited by God to interpose themselves for the safeguard of Equity and Innocency, and by all lawful and needful means to procure the Prince to be reform. 520, 521. Bishop Bedel, a Reverend worthy Divine, in his Answer to Mr. Wad●sworth to satisfy him, quo Jure, the Protestant Wars in France and Holland are justified, saith, That the Law of Nature doth not only allow, but enforce every living thing to defend itself from violence. Then the Law of Nations permitteth those that are in the protection of others, to whom they owe no more than an honourable Acknowledgement, in case they go about to make themselves absolute Sovereigns, and usurp their Liberty, to stand for the same. And if a lawful Prince, which is not yet Lord of his Subjects Lives and Goods, shall attempt to despoil them of the same, under colour of reducing them to his own Religion, after all humble Remonstrances, they may stand upon their own Guard, and being assailed, may repel Force with Force, as did the Maccabees under Antiochus. In which case, notwithstanding the Person of the Prince himself, ought always to be Sacred and Inviolable, as was Saul to David. And lastly, if the enraged Minister of a Lawful Prince will abuse his Authority against the Fundamental Laws of the Country, it is no Rebellion to defend themselves, reserving still their Obedience to their Sovereign inviolate. I mention these Two Bishops only, as being above all exceptions, against whom no just objection can be made, either for Learning, Piety, Loyalty, or right Church of England Men. Which considerations I presume kept them from being burnt in July, 1683. Which Act surprised not a few sober Loyal Men; because, if the learned Men of all the Reformed Church of Europe be consulted, they will be found Asserters of the like Principles. Alas! to sacrifice so many Worthy, Learned, Pious men's Judgements to Fire and Faggot unheard, unrefuted, as it is not for their honour, so it is no more convincing, nor confuting, than that Doctor's Argument, who would confute Bellarmine in Three words, viz. Bellarmine thou L. CHAP. XI. Kings not lawless, but bounded by Laws, and are accountable to those who entrusted them with their own Power. Oaths and Covenants between King and People are equally binding: Reciprocal Duties between Parents and Children, Masters and Servants, King and People. The Power of the People is by the Law of Nature; that of Kings is from the People, and fiduciary. As the Sword of the Spirit is the Word of God, so the Sword of the Magistrate is the Law of God and of Man. Obedience is a Holy thing when yielded to just commands; but void and sinful when referred to unjust; and then natural Defence succeeds in its room. No mean between a Saint and a Bruit. Law, by the Judgement of the wisest Heathen, is both Lord and Kings of Men. Vujust force may lawfully be resisted by force. WHAT hath been hitherto written, is diametrically opposite to that Pulpit Leviathan Doctrine of quod libet licet; and that Kings are obliged to no Laws, nor accountable to any but to God. So Julia, the Mother-in-law to Antoninus Basianus Caracalla the Emperor, her Son-in-law, most impudently, Si libet, licet, nescis te imperatorem esse, & leges dare non accipere? Dost thou now know that thy Will is a Law, and that it is thy right to give, not to accept, Laws from any? And he acted accordingly. If this be good Doctrine, that Jure Regio they are absolved of all Laws, and though they violate all human Constitutions, yet are guiltless, or unaccountable to any but to God alone; certainly then there never was a Tyrant, nor ever can be, if they had been so capacitated by any Law of God or Nature (as some most impudently have printed) God would never have prescribed them Laws, nor have punished them for breach of them. What is this less than to render Mankind (made a little lower than the Angels, and after the similitude of God himself) to be governed no better than Bruits? Can it ever be supposed, that God would ever subject his own similitude, the Race of Mankind (for whom he hath done such great things) to be harrassed, piled, poled, governed tyrannically, without any hope of Redress till the day of Judgement? Or, that any People should be so void of Counsel and Sense, as voluntarily to subject themselves and their Posterity to such abominable slavery, and to make Kings to govern, and Laws to be governed by, and both sworn to the observation of them in the presence of God Almighty, and yet to esteem Kings not obliged by those Sacred Ties to keep them. The Basis and Establishment of God's own Throne▪ are righteousness and judgement: and mercy and truth go before his face, Psalm 89. 14. & 97. 2. And if they, who call themselves God's Lieutenants or Vice-gerents, govern by Violence and Oppression (as they all do that govern, not by an immediate appointment of God, or by common consent of the governed:) a fire shall go before them and burn them up as enemies to God and man, Psalm 97. 3. And whoever acquires a Power over any People, whether by dint of Sword, or by cunning Craft, or by consent of Parties, and useth it to the detriment and not for the good of the People, are not to be esteemed as rightful Kings, but as Enemies and Tyrants. Be it so, say the Pulpiteers, but by what Law shall they be punished or reproved? Even by them, and by the same Right and Law that they themselves are; there's no exceptions. And no Law of God or Nature ever prescribed Impunity for Oppression and Tyranny, and Wickedness over Men: He that ruleth over men must be just, ruling in the fear of God. So spoke the rock of Israel unto David himself, a King, 2 Sam. 23. 3. It's righteousness that establisheth the Throne: and it's an abomination for Kings to work wickedness. So King Solomon, Prov. 16. 12. When Solomon Eccl. 8. 2. 34. prescribes to keep the King's commandment, and that in regard of the Oath of God, and not to stand in an evil thing: for he doth whatsoever pleaseth him, and where the word of a King is, there is Power: and who may say unto him, What dost thou? All these are ever to be understood of things lawful to be commanded, and▪ of things lawful to be done; otherwise this undoubted Truth is to be observed, viz. we ought to obey God rather than man, Acts 5. 29. Besides, Solomon's counsel here was to single and particular Men, not to Assemblies, and Diets, and Senates, and Parliaments, and great Councils, who have a share in making Laws, and consequently coordinate in the Government. Though all Writs, Processes of Law, Executions, and Edicts, pass under the Title of one single Person for the sake of order, yet he that sendeth out Writs is to be obedient to those very Writs, and to those Laws, as well as they to whom they are sent. Besides, what Generation of Christians in the World so void of Reason as to swear Fealty and Allegiance to Kings, except they again reciprocally swear to observe the Laws Divine, and of their Country. So the Rubenites, and the Gadites, and the half Tribe of Manasseh promised obedience to Joshua, but as they did to Moses, on condition that God be with him, as he was with Moses, Jos. 5. 17. If they can show a Patent from Heaven, as Moses and Joshua had, by an immediate Call, and God's Promise to be with them as he was with Moses and Joshua, never to fail them, nor forsake them, then may we all lay our hands on our mouths, and proceed no farther, Job 40. 5. And yet if they had the like Patents, yet from such Patents, no Authority could be drawn to oppress or tyrannize over any People; but if not so, nor so, why should not Christians (in whose inward parts God hath put wisdom; and who hath given understanding to their hearts) who make Kings from among themselves, and take Oaths of them for performance of Agreements, maintain and defend their own just Rights and Liberties: God never broke his Covenants, but punished the People that broke theirs; and why should his Vicegerents break their Covenants, and yet be thought guiltless, or unquestionable? The Jews who were the most stif-neckt, most rebellious, and most ungrateful Nation under the Cope of Heaven, and provoked God to the uttermost (as if they did it purposely to non▪ plus and pose his very Mercy;) and they provoked Moses also (the Man of God, and the meekest Man upon Earth) beyond all his Patience; so that he cast the very Tables of the Testimony (the Work of God, and the Writing of God, graven upon the Tables) out of his hands, and broke them beneath the mount, Exod. 32. 11, 16, 19, 32. yet was he so far from oppressing or tyrannising over them, that he wrestled with God Almighty with strong and importunate Prayers for their Good: Why doth thy wrath wax hot against this People? nay, so importunate was he for their Pardon, that though God had promised to make of him a great Nation, though he should destroy them, yet he besought God so earnestly, that if he would not forgive their sin, that he would blot him out of the Be●k of Life. If Magistrates now adays had the like zeal for the good of the Bodies and Souls of their People, how happy would Kings, how happy would the People be? When the Israelites by reason of the ill Government of samuel's Sons, desired a King like all the Nations, God (whom by such desires they had rejected, yet) told them the manner and custom of those Kings, (Heathens you may be sure, who knew not God nor his righteous Judgements,) 2 Sam. 8. 11, 12, 13. was very Arbitrary governing by an Army, that they may go in and out before them, and fight their Battles, and judge them Arbitrarily; yet so peremptory were they, that they rejected the just, and a righteous, and easy Government that God had appointed over them: Nay but we will have a King over us as other Nations, and they had one that used them accordingly. Therefore Solomon might well say as in Ecclesiastes, I counsel thee to keep the King's Commandment, for he doth whatever it pleaseth him. Where the word of a King is there is Power, and who may say unto him, What dost thou? It being then the manner of the Kings of Nations (Heathens,) so to govern & volenti non fit injuria; which manner remains even to this day among the Eastern Princes; and let them that delight to be so governed, have their Belly full of it. But God hath provided better Laws, Judgements and Statutes for his People, whom he hath chosen out of all Nations to be a Peculiar People, Redeemed by the Blood of his only begotten Son Jesus Christ, blessed for ever. Where the Word of a King is there is Power, and who may say unto him what dost thou? This he wisely advised to those who would be so governed, and to Single Persons, but not to whole Kingdoms, or their Representatives; the practice was otherwise even by Gods own command. Elisah told Ahab that he and his Father's House had troubled Israel, 1 Kings 17. 18. Samuel told Saul, thou hast done foolishly, 1 Sam. 13. 3. So Nathan told David thou art the Man. 2 Sam. 12. 7. Obj. But these Men were extraordinarily commissionated. Sol. Be it so, so are all they Commissionated that follow their Example, though not immediately from God himself, yet tacitly, by his general Commands universally and eternally true. Viz. Thou shalt not hate thy Brother in thy heart; thou shalt in any wise rebuke thy Neighbour, and not suffer Sin upon him, Levit. 19 17. Is it fit to say to a King thou art wicked, and to Princes ye are ungodly? Saith Job. 34. 13. Reprove not a Scorner lest he hate thee, rebuke a Wise man and he will love thee. Prov. 9 8. These are prudential Documents how to manage rebukes, but exempts not Kings and Princes from being rebuked. He that rebuketh the wicked getteth himself a Blot, ver. 7. In such case the Apostles give good Advice, Give not that which is holy unto Dogs, neither cast Pearls before Swine, lest they trample them under their Feet. Indeed if Kings and Princes are such Bruits, than Tophet is prepared for them, and shall be their Doom, Isa. 30. 33. And Men will be wiser than to run their Heads against Brick Walls: But Truths seasonably spoken, can do no man no wrong, and ought graciously to be received. Solomon's intimation is good, Where the word of a King is there is Power, and who may say unto him what dost thou? Eccl. 8. 4. Indeed it is a folly in any Man to contend with any Man, King or not King, that is mightier than he, Eccl. 6. 10. But all these Apothegms relate chiefly to Private Persons, not to whole States and Kingdoms, who have just Power to defend their just Rights against Princes that usurp more Power to themselves than ever God and the People gave them. And to urge Samuel a Prophet in a wrong sense, is with the Witch at Endor, to raise a False and Counterfeit Prophet. 1 Sam. 28. 11, 12. Can it ever be imagined that God gave countenance or encouragement to Kings to work Wickedness, to oppress, or violate all Laws and Covenants, and yet be blameless and unaccountable here on earth? He hath commanded no man to do wickedly, neither hath he given any man licence to sin. Eccl. 15. 20. God never breaks his own Covenants, but keeps them for ever, and always punished them that did; and shall they who call themselves his Vicegerents, like Wild Boars of the Forest, or like Bears robbed of their Whelps, break through all Laws and Bounds, and yet be blameless and unaccountable to them who made them Kings, designedly to be subject to Laws, and not to destroy them; or like Foxes of the Wilderness, by craft and subtlety, by shamming Laws, or perverting Righteous Judgement; or by packing an Alteration in Government, and slide thereinto insensibly by tricks and quirks of Law; or to draw Arguments from the manner and custom of Kings Heathen, for Jus Regium to be the Right of Kings Christian to do as they list, quod libet licet, uncontrollably, is as much as in them lies to do as the Rebellious and Ungrateful Israclites did, vilify, set at naught and reject the Government which God established by his infinite Wisdom. Where such Doctrines are embraced as true, what better conditions are Christians under than Heathens, nay, than Brutes? Did God, think you, create the whole Race of Mankind, without respect of Persons, after his own Image, a little lower than the Angels, and crown them with Glory and Honour, and give them dominion over the works of his hands, and put all things under their Feet, and yet at the same time to subject them to Axes and Harrows, to Thorns and Briars, to the lusts and pleasures of a few Kings, chose by themselves from among themselves, for the sake only of Order, Peace and welfare of them all? It's true, that seeing the Israelites (notwithstanding God cautionating of them,) were so foolhardy as to reject God in rejecting his Government, yet he did gratify them, but in his displeasure, in what they desired, and they felt the sad effects thereof. But from Deut. 17. 14, 16. it may be gathered and concluded that the People have a just Right and Title to choose whether the Commonwealth shall be governed by one or more, and may change it from one kind of Government to another, as shall best please themselves. But in all Governments God is always to be Precedent, i. e. His Laws are always to be had in remembrance and observed; and they who govern otherwise, are not to be accounted as Kings, but as Enemies, not as God's Vicegerents, but as the Devils, and may be proceeded against accordingly. O, but ye shall be his Servants, 1 Sam. 8. 17. Very well, and well they deserved to be so, and Slaves to boot, as they afterwards were, that after Samuel from the mouth of God himself had solemnly protested unto them, read their destiny, showed them what would betid them, and that when it did happen, though they should cry out in that day because of their King which they had chosen, the Lord would not hear them, ver. 18. that yet notwithstanding all these forewarnings, would yet reject God's Righteous and easy Government for a Heathenish; they were but justly served, and their usage afterwards was but a just recompense and reward of their rejection and folly: for Saul had never been King if they had not chosen him, and it was in wrath and displeasure that God gratified them therein, as a punishment of their Folly and Rebellion, which is no Justification, but a Condemnation rather of that kind of Arbitrary Government; and therefore the same Prophet told them also, That if still ye shall do wickedly, ye shall be consumed, ye and your King; and so it proved. Those our Teachers are but false Prophets, that teach, that the Right of Kings is set down by Samuel, chap. 8. and aught to be punished; for neither did the People of Israel ever allow; or the Kings avow any such power to be their just Right, as appears by the Story of Ahab and Naboth. Some indeed did exercise it, but that is no more a proof of the right thereof, than their practice of Adultery, Idolatry, or of any other sin, was of the lawfulness of such sins. When Cambyses designed to marry his Sister, his Magis told him that no Law did allow it, yet there was a Law which did allow the King of Persia to do what he would. Just such Magis are our Priests, that teach that there is no Law for Kings to Tyrannize or Oppress, yet if he do, he is unaccountable. If this had been the right of the Kings of Israel, that lex Regia commanded, Deut. 17. and the strict enjoyment of the perpetual reading, perusing and observing the Book of the Law, was in vain and to no purpose. What if the Rebellious, Stubborn and Stiff necked Jews, a foolish People and unwise, had a mind to be so governed? what doth it concern Christians, those that know better things, have more wit and more grace, and willing to enjoy the liberty and freedom that God hath given them in a Government where their Kings are solemnly obliged by Laws and Oaths, as well as themselves, whereby their duties become reciprocal, and obedience due, and expected accordingly. Besides, is it rational to believe any People except Jews (that to day will have a King like other Nations, and to morrow will not have this man rule over them, and that with cursed Imprications, Let his Blood be on us and our Children, which is still executing even to this very day,) to be so sottish to give Kings such vast Revenues, and such absolute unquestionable Powers, as to whip them with Scorpions, and tear their Flesh with Briars and Thorns impune, and none to say unto them, Why do you thus? O, but the Prophet tells you, Ye shall be his servants, 1 Sam. 8. 17. True; and the Prophet tells you, their Kings shall minister unto thee, i. e. to the Church, Isa. 60. 10. And thus saith the Lord, I will lift up my hand to the Gentiles, (i. e. The Church which shall be gathered by the Preaching of the Gospel, which Church we are) and they shall bring thy Sons in their Arms, and thy Daughters shall be carried on their Shoulders. And Kings shall be thy Nursing fathers (to carry them in their Bosoms, as Nursing-fathers' beareth the sucking Child, Numb. 11. 12.) and Queens shall be thy Nursing-mothers'; they shall bow down to thee with their Face towards the Earth, and lick up the dust of thy Feet, Isa. 49. 22. 23. in which Church Christ her Head is always included, and always to be understood. As for the place in Samuel, ye shall be his Servants, it is but a foretelling and premonition that he would make them so, be it right or wrong; not that they had any just right to make them so, but be it so, what then, even then also there is a reciprocal duty between Masters and Servants: Servants are to obey their Masters in singleness of Heart as unto Christ, with good will, doing service as unto the Lord, Eph. 6. 5, 6, 7, 8. So the Masters are to do the like things unto them, forbearing Threatening, knowing also that your Master is in Heaven, neither is there respect of Persons with him, ver. 9 Such Service all Subjects owe to their Princes, and other Services no Prince ought to command. Job who was the greatest man of the East, solemnly protested to God his Integrity towards his very Servants, If I did despise the cause of my Manservant, or of my Maidservant when they contended with me; what then shall I do, when God ariseth up, and when he visiteth, what shall I answer him? Did not he that made me in the Womb make him? And did not one fashion us in the Womb? ch. 31. 13, 14, 15. By which it is apparent that there are reciprocal duties between King and Subject, between Master and Servant. So the Gibeonites, who were sent from the Elders, and all the Inhabitants of their Country, became Servants unto Israel, with whom all the Elders of the Congregation made a League with them, and did swear unto them, which though the Gibeonites got surreptitiously, yet they solemnly kept it, and would not smite them when they came before their Cities, because the Princes of the Congregation had sworn unto them, Josh. 9 11, 12, 13, 14, 15. As there were Laws for Children, Strangers, Man-servants, and Maidservants, so there were Laws for Kings, Parents, and Masters by Gods own prescription, and to be reciprocally observed; If a Stranger sojourn with thee in your Land, ye shall not vex nor oppress him, but he shall be unto you as one born amongst you, and thou shalt love him as thyself, for ye were Strangers in the Land of Egypt, I am the Lord your God, Exod. 22. 21. 19 Leu. 34. Shall these have their remedy against their Lords and Parents? And shall a free People, whole Nations, be left to merciless Tyrants without Remedy? Laws for the King, Deut. 17. 17, 18, 19, 20. So Jerem. 22. 3, 4. Call to mind the bondage and cruel usage of Gods own People the Jews in Egypt, who because they were under no reciprocal Covenants, nor had power to relieve themselves, therefore God himself stood up in quarrel of his own Covenant, and pleaded their cause, and brought them out of that Iron Furnace with a high hand, and stretched out Arm, in despite of the Lawless Hectoring Pharaoh, whom neither the Plague of Frogs, nor Lice, nor Flies, nor Murrain of cattle, nor Boils, nor Blains, nor Hail, nor Locusts, nor loss of cattle, of Fruits, of Water, and of the Firstborn of all the Land could prevail with him to let go his sin, nor the Israelites, but will once more rush into the midst of a wonderful deliverance of Israel, and venture his own and his People's Lives; and for what? for but the bondage of his Enemies, and satisfaction of his Lusts. And if Herod's Son stand in the way of his ambitious security, it were better be his Hog than his Child. Melius Herodis Porcum esse quam Filium, Macr. Satur. 72. So that the Advocates of Arbitrary Power must justify Pharaoh in all his opposition against God, and oppression of Israel. Moreover Pharaoh had more to say for the Justification of his Tyranny, than some other Zamzummims can pretend to, viz. that he was under no ties of Civil or Religious engagements, no reciprocal Oaths between him and Israel, but having them in Bondage, he seems to have something like a right of imposing his will for Law upon Israel, yet accounted this Tyranny and Wickedness in Pharaoh, Exod. 3. 7, 8. So caitiff and prevalent a sin is the impetuous desire of Empery and Revenge though to our utter ruin and destruction. We all naturally love Domination and our Lusts better than our Lands; we had rather part with Thousands of Rams, and Ten Thousand Rivers of Oil with the Fruit of our Bodies, than with the Sins of our Souls, which was the Leaven which fermented and boiled in the breasts of these Lawless Hectors. And doth not the same leaven of Haughtiness, of Oppression and Revenge, ferment and boil in the Hearts and Breasts of those in our days, who so rule and so reign and ravage over whole Nations their Subjects? Is it probable that God who having seen the afflictions of his People, and heard their groaning, and after he had showed wonders and signs in the Land of Egypt, and in the Red-sea, and in the Wilderness Forty Years, who for their sakes smote great Nations, and slew mighty Kings, Sihon King of the Amorites, and Og King of Bashan, and all the Kingdoms of Canaan, Thirty one in number, Josh. 12, and gave their Land for an Heritage unto Israel his People, Psal. 135. 10, 11, 12. and taught them Statutes and Judgements to do and govern themselves by and in that good Land which he had given them in possossion which were so righteous that no Nation under Heaven had the like, and which all Nations would confess that this great Nation was a Wise and Understanding People, who hath God so nigh unto them? Is it probable I say that God after he had delivered them so miraculously from so great thraldoms (of quod libet licet) should yet subject them to the like Lawless Persons or Governments in the world? Examine all his Laws, observe all his Statutes, search all his Judgements, and you'll not find any the least footsteps that way tending, only he foretold them what their Kings would do; therefore they conclude that it was their just right so to do. And because he said they shall be his Servants, 1 Sam. 8. 17. therefore he had Right to make them his Slaves, and use them like Bruits; whereas nothing probably is thereby meant more than that they should be his Servants to pay Tribute, Gen. 49. 15. and to serve in his Army, when he went out to sight their own Battles, Gen. 49. 15. But if Slaves be meant thereby, yet it was violent and tyrannous, because they had no Law of God or man to entitle them justly so to rule over them; so that the Prophet did only declare what they would do, not what was their Right to do. Now if it be lawful to cry unto God for deliverance, it is lawful also to use any rational lawful means and endeavours to extricate and relieve themselves. They that will choose a King to the displeasure of God Almighty, it's but just they should endure the Iron Furnace without his Relief. Can any men (not brutishly prepossed,) believe that God who never breaks his Covenants, but keeps them even with his greatest Enemies and Rebels, even with the most ungrateful and stiffnecked Jews, and yet should establish a Right in Kings and Princes not only to break theirs, but to leave the People without a Remedy till Doomsday in the Afternoon, till the day of Judgement; there's no doubt then but that they would be all of the Welshmans' mind, and cry, Let her alone till then, and drive on still. When Samuel told the Israelites the manner of the King that was to reign over them, was it any more or other than what Elisha told Hazael when he should be King what he would do unto the children of Israel, viz. Their Strong Holds wilt thou set on Fire, and their Young Men wilt thou slay with the Sword, and will dash their Children, and rip up their Women with Child. Did Elisha by this his Prophecy declare, that Hazael when a King had just right so to do? Surely no; for Hazael being convinced of the contrary, with great Indignation answered, What is thy Servant a Dog, that he should do this great thing, 2 Kings 8. 12. 13. And yet to urge Samuel for proving an unlimiting power to be of right in Kings to do what they list uncontrollably, what is it less than matchless Impudence and horrible Impiety? When the Prophet Jeremiah told Coniah, this hath been thy manner from thy Youth, that thou obeyest not my voice, Jer. 22. 21. Did he by telling him of that wicked manner and custom of his, in not obeying his voice, reproach him, or declare a right that he had to do so? No more did Samuel by telling the Jews the manner of the Heathen Kings derive a right to the Jewish Kings so to do; but be the true meaning what it will, what doth it concern Christians, who choose Kings, Princes, Dukes, Emperors and Captains general from among themselves, grant them Commissions, give them Tribute, grant them Powers, oblige them by solemn Oaths to govern (its true) in their own names, but by their Power conferred on them and for their Goods, which if they abuse, it devolves and returns back to them who gave it, and they cannot divest themselves of it, in which God concerns not himself immediately with it, either by Dreams, or Vision, or by Urim, or by Prophets, but hath 1 Sam. 26. 6. given them general Precepts in holy Writ to govern themselves by, to choose able men, such as fear God, Men of Truth, hating Covetousness, and place such over themselves, etc. Exod. 18. 21. and hath given Laws and Bounds to Kings, etc. Deut. 17. 17, 18, 19 which Laws tho' they most particularly concern Kings, yet they are not thereby disobliged from the observation from all the other Laws of God, to which the whole race of Mankind without respect of Persons is bound to observe and keep; so that since the days of the Prophets the Christians neither ask a King by them, neither do receive any one by his immediate appointment, but make Kings of one from among themselves according to the Law of Nature, and of Nations, observing Gods holy Laws and Precepts. When Samuel 1. 10. 25. told the People the manner of the Kingdom, he wrote it in a Book, which Book say the Hebrew Doctors the Kings either tore or burnt, that they might more freely tyrannize. Though the Pulpits do not march quatuor pedibus along with Leviathan in his Dogmas of Arbitrary Power in Kings and Princes, of quod libet licet in the Twentieth Chapter of his Second Part, and elsewhere sparsim, yet they go hand in hand with him thus far, That if Kings do act contrary to the Laws of God, and Nature, and of Man, yet they are responsible and accountable to none but to God himself: Whereas there is not one plain Text or Syllable in the whole Bible (maugre all false glosses) that concludes any thing for Kings being unaccountable unto human Judgements, or that they have an absolute Power, or Divine Prerogative: So that in sum, The Pulpits and Leviathan are so far agreed, as to dogmatise Lies and false Doctrines, for to justify that Kings (maugre all mutual and reciprocal Laws, Pacts, and Covenants,) may act and govern how they please: And to justify and assert, that they ought not so to Govern, but to observe the Laws of God, of Nature, and of Men; but yet if they do not, they are notwithstanding responsible and accountable to none on Earth but to God only for their so doing; which in truth differ in their consequences no more than Herring-men do from Fishermen, and both stink in the Nostrils both of God and of all good Men, as destructive to the well being and good Government of all human Societies, and have no sound Foundation in the Law of God, of Nature, or of Reason, but are contrary to them all; for sans doubt, they that have Authority to give and apply Power to this or that Person, have Authority also to censure his Actions against the Law of Nature. 1. Self-preservation (than which nothing is more dear, and which Nature seeks by all means and endeavours to preserve as inviolable) is common to a Man, with all other Animals, (if you tread but upon a Worm it will turn; and if it have a Sting, or a Fangue, or a Poison, have at you.) 2. Then whatsoever may conduce to its other Happiness of its well-being, it labours to obtain them, and to avoid the contrary, and to hate and revenge the Opposers, so that vim vi repellere is as natural to Man as to all other Animals. Other Laws of Natural consequence implanted and grafted in him in his first Creation for the better Reglement of Communities throughout the whole World, as to do good to all, to hurt no Innocents', to keep Covenants, Promises, and Contracts faithfully, to contribute their utmost to procure the Happiness of the whole of that Kingdom, that Commonwealth, or that Society, or Community, whereof they are Members. All which are utterly confounded and destroyed by such Leviathan Pulpit Doctrines. 3. It's against the Law of Men and Nations, for where ever there are Laws between Kings and People (wherein Salus Populi is ever to be presumed to be the Supreme Law, for that God made the whole Creation not only for the Necessities, but for the Delights also of the whole Race of Mankind in general, and equally, without respect of Persons,) solemnly made, and sworn unto by mutual consent; there they do mutually, reciprocally and solemnly bind each other: And the Sword placed in the Magistrate's hand, is not as the material Sword in the hand of Alexander, not to untie but to cut the Traces of that fatal Gordian Chariot; but the established Laws are the true Sword to which both King and People must submit, and be responsible; if otherwise, making of Laws were but Leonis Catulum alere. vid. Eras. Adag. p. 1. 709. For as the Sword of the Spirit is the Word of God, so the Sword of Magistrates are the Laws of God and of Man: All which Rights and Privileges of Mankind are utterly destroyed if this Doctrine be good Doctrine; Oaths between King and People being of the same nature with that between Rahab and the Spies; which if not performed by her, they were to be quit of the Oath which She had made them to swear: For Kings though in Title, in the execution of Laws, and in many Prerogatives, they are singulis majores, yet in the main they are universis minores; the reason is irrefrigable, for that the People make Kings, and not Kings the People: And the like reason, Christ is the everlasting Head of the Church, because Christ made and ordained the Church to be his peculiar People, and not the Church Him the Head of them. In Paternal Government which is indisputable, there the Fathers beget the Children, and not the Children the Father, and they owe him Obedience, though morose and bitter to them; yet if he prove a Tyrant over them their Obligation to him is canceled; and if he Murder any of them, he himself shall suffer Death. Nature gives Fathers to the People, but the People make Kings to themselves, and therefore Kings are constituted for the People, and not the People for Kings. Some places of Scripture are urged, though of very little force when brought to the Test and well examined. As first, let my Sentence come forth from thy presence: let thine Eyes behold the things that are equal, Psalm. 17. 2. What hath this Text to do more particularly with the Government between Kings and their People, than with all other troubles and afflictions that Mankind in general is subject unto, etc. being as applicable to every particular Person persecuted and in troubles, as to King David; here, in confidence of his Integrity, craveth defence of God against his Enemies, and so may any Body else; but it proves nothing that Kings if they oppress their Subjects shall be accountable to none but to God Almighty: It doth prove that any oppressed King, or not King, may appeal unto God to plead their Cause, and Protect and Defend them; And if it be lawful so to Pray, it is lawful to put to their own helping Hands to relieve themselves by any lawful means and endeavours, and pray to God to bless their endeavours, and so by their prayers and endeavours to cooperate together: 'tis an Appeal to God to judge between him and his Enemies. And is it not lawful, nay, the duty of all States and Kingdoms to make the like Appeals and Supplications to God Almighty? It's probable that David wrote this Psalm when he was troubled and persecuted by Saul, even after he was anointed of God, and because he did then make Supplications and Appeal to Jonathan for his life, if there be iniquity in me slay me thyself, for why shouldst thou bring me to thy Father? Will it follow therefore that court was to be made to Jonathan only? I doubt not. This is a great Example and Encouragement to those that are falsely accused to appeal to God by Prayers and Supplications for help; and the reasons that follow are great, viz. thine Eyes behold the things that are equal, and he tries the heart, verse 2, 3. But what signifies this to prove that Kings are accountable to none but God for Male Government? Another abused place of Scripture is Psalm 51. 4. Against thee only have I sinned, and done this evil in thy sight, that thou mightest be justified when thou speakest, and be clear when thou judgest. That Men of the same temper and complexion with Leviathan should urge places of Scripture and make false glosses upon them, I wonder not at all, but that the Pulpits should Chime and Ring to the same Tune, I am in an amaze. Do they believe themselves? Or have they forgot their Pater Noster? Forgive us our trespasses, as we forgive them that trespass against us. If one Man sin against another, the Judge shall judge him, but if they sin against the Lord, who shall entreat for him? 1 Sam. 2. 25. So 1 Cor. 8. 12. when ye sin against the Brethren to commit Murder, Adultery, etc. and yet sin against God only, happily may be good Doctrine according to the Alcoran or ●●viathan, but certainly can have no place in Scripture, no not in this Psalm, which is a Psalm of David's deep repentance, confessing his sins to God and begging his pardon. David's heart having smote him for these his sins against God and Uriah, did in the bitterness and anguish of his Soul prostrate, make his court to God his Judge, and besought him more especially; who only trieth the hearts and reins, acknowledging his sins and begging his pardon, who only had power of Soul and Body, of Life and Death eternal, and so only could acquit or punish eternally, and to create in him a new heart, and to renew a right spirit within him, which no mortal had the like; and therefore by only in this place, can be meant no other but thee chiefly, thee especially, according to Matth. 10. & Luke 12. He did not fear them which had power to kill the Body only, but not able to kill the Soul; but did fear him which after he had killed the Body had power to cast into hell. For David had already condemned himself to death before he knew himself to be the Man mentioned in Nathan's Parable, 2 Sam. 12. 5. And David's anger was greatly kindled against the Man, and he said to Nathan, as the Lord liveth, the man that hath done this thing shall surely die. Have they not read what Jonathan said to Saul? Let not the King sin against his servant, against David, because he hath not sinned against thee, 1 Sam. 19 4. did Saul a King sin against David a private person, and his Subject, in seeking his innocent Blood? And shall David when King covet his Neighbour Uriah 's Wife, and seek the innocent Blood of Uriah himself, and yet not sin against Uriah? Quis discrevit? Who hath made the difference, who exempted him? Falsest Teachers, that would be esteemed Men of God, Priests of the most high, and yet teach Doctrines more becoming Priests of Baal, Men of Belial. Did not David sin against the Tenth Commandment, and against his Neighbour also, when he coveted his Neighbour's Wife, and purchased her adulterous embraces at the rate of innocent Blood, may they not as well plead the like plea, and justify Ahab sinning against God only, and not against Naboth, when he purchased his Vineyard at the price of his innocent Blood? 1 King. 21. 19 2 King. 9 33. 36. If David had Power to shed the innocent Blood of Uriah, and debauch Bathsheba uncontrollably by Man, it is either from God, or not from God; if it be from God, it must be a Power against the Six and Seventh Commandments; which God gave to David, and not to any Subjects; and so David lied when he confessed it a sin which was none, and consequently needed no pardon; and so consequently Kings, because Kings, are under no Obligation of Duties, of Mercy, Truth, Justice, etc. to their Subjects, which is contrary to all Scripture, Deut. 1. 15, 20. & 2 Chron. 19 6, 7. Rom. 13. 3. 4. If this Power be from God, as it is unrestrainable and unquestionable by the Subject, it cannot be from God at all, for God cannot give a Power to do ill, that is unpunishable by Men, and not give that Power to do ill; for in this very thing that God giveth to David a Power to kill and commit Adultery with this respect, that it shall be punishable by God only, and not by Men, God must give it as a sinful Power to do ill, i. e. a Power of Dispensation to sin, and so not to be punished by either God or Man; which is contrary to the whole design and purport of the Scriptures. If such a Power as is not restrainable by Man be from God permissiuè, as in Devils and Men, than it is no Regal Power, nor any Ordinance of God, and then to resist such Power is not to resist the Ordinance of God. For Priests to preach Kings to be Nursing-fathers' of the People, and to be custodes utriusque tabulae (as indeed they ought to be) and yet to preach that if Kings do break the Commandments, yet they sin against God only, and are accountable to God only, is Divinity becoming only Micha's Priests, that for a little better reward and hope of preferment will with gladness of heart take Ephod, take Teraphim, take graven Images, preach any thing, swallow down theft and idolatry together, pervert any Text, though thereby whole Nations are robbed and despoiled of their Laws, Liberties, and Religion. Falsest Prophets! that thus flatter profaneness, betraying God's truth, and smothering and dissembling the strictness and purity of his ways, striking at sin with the Scabboard and not with the Sword; extenuating evil, palliating Vice, daubing with untempered Mortar, and by divining Lies to seduce Kings and Princes. If Kings can do no wrong to their People, and are accountable to God only, what made Samuel to make public proclamation, Behold, here I am, witness against me before the Lord, and before his anointed: Whose Ox have I taken? or whose Ass have I taken? or whom have I defrauded? whom have I oppressed? or of whose hand have I received any bribe to blind my Eyes therewith? and I will restore it to you, 1 Sam. 12. 3. So Lewis IX. for his great Piety and Devotion surnamed the Saint, the French King, being fully satisfied in his Conscience, that Sovereigns are responsible by Laws both divine and human for all the miscarriages of themselves and of their subordinate Ministers, caused to be published through all his Kingdom, That whoever had suffered any wrong or damage by him, or by any belonging to him, should make it known, and he would give them satisfaction out of his own Estate; which was punctually performed accordingly. To me 'tis a wonder, and I am in an amaze, how any Man can be so biased or corrupted in Judgement (except possessed with an evil Spirit) as to draw such Conclusions from such Premises. Can any thing be more ridiculous in Nature, in Reason, in Wisdom, in Understanding, to give Laws to Kings, and cause them to swear to keep them, and yet to be understood at the same time to be lawless, and not obliged to keep them, according to some, or at lest cannot be questioned if they break them, (according to others) which is as Caitiff a position as the other, and differs nothing but in words only? Shall all others be punished for the breach of the same Laws, and Kings only excepted, who by solemn and sacred Oaths have bound themselves to performance, and the Laws make no exceptions? Absit? Doth God make any exceptions? Doth not God punish Kings as severely as he doth others? Is not Tophet ordained of old which is deep and large, the pile whereof is fire and much wood, and which is kindled by my breath as by a stream of brimstone: yea for Kings it is prepared, Isaiah 30. 33. and shall we give such encouragement to break Laws and to work Wickedness, God forbid? Are not such Doctrines encouragements to Kings to lift up their Hearts above their Brethren? against which God hath forewarned and forbid them, that they might know themselves to be but Men. God made his own Sabbath for Man, and not Man for the Sabbath, and hath he not made Kings so too? Moses was a King with Supreme Power. Well, what then? and so let all Kings have if they have the same Warrant, Commission, access and freedom with God Almighty, to have constant recourse unto him to carry the Causes of their People unto him, and receive his Commands, and communicate them to the whole Congregation, and prosecute them as punctually as he did, and be as faithful in his House as he was. But though Moses had this great and mighty Power, being as it were God's companion, speaking unto God, and God answering him, Exod. 19 19 yet it no where appears that quod libet licet, that he could do what he list, and be accountable to God only. It's true, the People came to him to ask counsel of God for them, but not to do his own commands without God's commands and advice first had; and all this was but to teach them the Ordinances and Laws, and show them the way wherein they were to walk, and the works they were to do, Exod. 18. 20. not to oppress, or injure them, or tyrannize over them to give Laws, not receive or be obliged by any themselves. So that upon the whole matter God was the King of the Jews, Moses only his Interpreter and Ambassador; and if Kings will not be as faithful as Moses was, in judging and acting according to the Laws and Ordinances of their and our God, there will then be no leading into captivity, no complaining in our streets, no breaking in, nor going out; but happy would be the People that were in such a case; yea, happy that People whose God is the Lord, Psal. 144. 14. 15. to make Laws to bind King and People, and yet Kings to break them impune, when the very Laws themselves do not exempt them, is very ill becoming reasonable men, and that all but Kings should be punished for the breach of them is wicked and unjust. It may happen in all Kingdoms (most probably in those that are Haereditary,) that some Kings may be Idiots, or mad, or follow mad Councils and Advisors, (a crime of the same Leaven,) as did Rehoboam, and must whole Kingdoms then also be subject to their Tyranny, to be chastised not with Whips but with Scorpions, without making use of their power to extricate themselves out of their hardships and miseries? Is it not then natural to cry, What Portion have we in David? We have no Inheritance in the Son of Jesse, every man to your Tents, withdraw your Services, withhold your Tributes, fight not against the Interest of your Nation; and now David see to thine own house, 2 Chron. 10. 16. Though Kings have the great title, yet the Laws are to govern both them and their Subjects, and though all Laws run in their names, yet they cannot do what they list, but as he is to command according to Law, so his Subjects are to obey him according to Law, not against Law. Doth God himself keep Covenant for ever, and never break any; and shall Kings who claim their Titles and Powers from him, take greater liberty and freedom to break the Covenants and Agreements with their Subjects than God himself, or pretend to be unaccountable? I doubt they themselves would not accept such a Plea from their own Ambassadors or Ministers transgressing their Commissions. Had the Israelites power to cast off their corrupt Judges, (a Government well pleasing to God himself, and to choose them another form of Government even Kingly (contrary to the mind even of God himself,) and did not God gratify them therein, though they rejected not Samuel only, but God himself thereby, Sam. 8. 7, 8. For he gave them a King in his anger, and took him away in his wrath, Hos. 13. 11. Had they such power under the Law, and have not Christians the same under the Gospel? if not, show when, where, and by whom it was taken away. Certainly whoever sets up himself to be supreme and above all Laws, or to be accountable to none but to God for breach of them, doth as much as in him lies make himself an Idol or a strange God to be revered without contradiction. If Nabuchadnezzar erect his Prodigious Idol, must all People, Nations and Languages fall down and worship it? Gideon whom the men of Israel Commissioned, saying, Rule thou over us, both thou, and thy Son, and thy Son's Son also, but Gideon answered, I will not Rule over you, neither shall my Son rule over you, the Lord shall Rule over you, Judg. 8. 22, 23. By which it appears that Gideon by this Commission was as Supreme, and had as large Powers as any King had, or as the Israelites could give him, without formal Covenants or Laws to tie him up; and yet his Answer is a document upon divine Record for ever to all Kings and Princes, that it is not the right of Men to domineer over Men, but it belongs and appertains to God only, to rule without control▪ And indeed it's both against the law of nature, and precept divine, for Kings so to lift up their hearts above their Brethren, as to rule over them Rigorously, uncontrollably; for God created them all equal, and we shall all stand in an equal distance before God's Tribunal, where there shall be no respect of Persons. What difference and distance of stations and of honours there is amongst us, is from ourselves, and of our own framing, naked came we into the World, and naked shall we return. It is ill, very ill, offending little ones whose Angels do always behold the face of God in Heaven, Mat. 18. 10. By all which it manifestly appears, that the Mosaic Kings and Judges were equally obliged to keep the Laws, together with the rest of the People, and that there is not any one Law either in the old or new Testament that makes any exception or exemption, or to free one more than another from censure, if a Transgressor either against God or Man. To assert that God hath reserved to his own Tribunal the punishment of Kings and Princes more than others, so as to free them from being called to an account and censured here on Earth, is a false Maxim without sound reason, or good authority: Examine the Gospel, and see if that doth allow that which the Law doth not, and whether the Divine Herald of Liberty inward and outward, or civil to all Christians, do deliver us up also Captives and Slaves to Tyrant Princes, without a power or liberty to extricate ourselves from such Slavery and Thraldom. We read in the Gospel that Christ at his coming should scatter the Proud Imaginations of their Hearts, and put down the Mighty from their Thrones, Luke 1. 51, 52. but no where that he did establish the Thrones of Tyrants for good government. Christ himself was born under Tyrants, suffered under them, made himself of no Reputation, took upon him the form of a Servant, and thereby purchased for us an honest and just liberty, as to bear with patient minds a necessitated servitude; but we no where read that he took away from us our just powers of procuring our own Liberties when oppressed, but rather confirmed them. Art thou called being a Servant, care not for it, but if thou mayst be made Free use it rather. Ye are bought with a price, be not ye the Servants of Men. 1 Cor. 7. 21, 23. In vain therefore is the example of Christ brought for our enduring of such servitude, who by the price of his Servitude purchased and confirmed our civil Liberties; Christ having asked Peter at Capernaum, of whom do the Kings of the Earth take Custom or Tribute, of their own Children (i. e. their Citizens) or of Strangers? (i. e. though under a conquerred condition;) Peter saith, of Strangers. Jesus saith unto him, then are the Children free; notwithstanding, lest we should offend them, pay for me and thee. Matt. 17. 25, 26, 27. Thus much rationally and naturally may from hence be concluded, viz. That Christ and Peter as private Persons paid Tribute to Caesar, though they had no obligation to pay it, nor Caesar any just right to require it; yet because they would give no offence, but would be at quiet, and avoid trouble, Christ did command payment. But from hence it never can be concluded, that whole Kingdoms or Commonwealths, being unjustly oppressed with exorbitant Taxes contrary to Law, and without their consent are therefore obliged to pay them, or that they are thereby forbid or hindered to right and relieve themselves. Whether by Children are meant the Citizens or Subjects of Kings, according to some, or by Children be meant the Children of God, the whole Race of Christians according to St. Austin, it matters not if Peter was of the Children or Citizens, he was therefore free. We also (Christ testifying) are free likewise either as Citizens or as Christians. God certainly would never give his Vicegerents or Patres Patriae (as they desire to be esteemed) authority to oppress those whom he would not tyrannize over himself, and for whom he made the whole Creation for their comfort and solace; no nor yet so unlimited Powers, as that if they did oppress or tyrannize, they should by no means for such their Tyranny be questioned, which is an absurdity of the same nature as great as the other. Is it not a wonderful injury to God's infinite wisdom, grace and goodness towards man, to suppose that God should appoint Kingly Government, and oblige him to keep Laws for the well government of his Charge as his Vicegerents, for whose good he is set over them, and yet at the same time if he violate them all, he may do it without contradiction till the day of Judgement, and to aggrevate the injury, they endeavour to support that injury by wresting his own word, by coining evasions, and creating subtleties to overshaddow the true and genuine meaning thereof, and foisting false glosses upon them. No doubt but when a fair opportunity offereth itself to an oppressed People, to extricate themselves out of any Tyranny, God's Providence is therein manifested, and it's their own fault if they make not use of it. Is not God's Image as manifestly seen in man, as Caesar's on the Coin? Is not as much respect and regard to be showed to God's Image as to Caesar's? I appeal to all rational men, if it be not an injury of the same nature to give Kings and Prince's power to do what they list, or to swear them to keep Laws, and yet in the same breath to leave them accountable to God only at the day of Judgement, and so leave the governed to be without remedy. Caesar's have their Rights, and the People have their Rights also. Caesar's are the Ministers of God to the People for their good, and to see that all render to all their reciprocal deuce, not to take them away from them; and in those things wherein they minister otherwise, they are not Ministers of God but of the Devil. Rom. 13. 4. 7. The Liberty and Freedom of the People is their propriety both by the Law of God and nature, born with them, and ought not to be defrauded or deprived thereof by any subtleties; but the rights and powers of Kings over the People are given them by the People, either expressly or employed, and to be always understood for their good; the Inscription upon Coins doth not confer any more right to Kings than unto the People, it only denotes its intrinsic value, and that it is pure, and without base mixture or allay. Christ therefore in this place did not so much demonstrate Subjects duty towards Kings, as to tax the Pharisees, who feigned themselves Just Men, and took council to entangle him in his talk, cogging with him, crying, Thou art true, and teacheth the way of God in truth, etc. of malice and wickedness designing to betray him, by taking hold of his words, that so they might deliver him to the power and authority of the Governor, Luke 20. 20. and therefore put that captious question to him, is it lawful to give Tribute to Caesar or is it not? But he knowing their Hypocrisy, answered them accordingly, Mark 12. 14. 15. Thus sophistically by false reasonings and counterfeit glosses on plain Texts of Scripture, what is it less, or other then to represent the great God of Heaven and of Earth a Deceiver of his People, whilst he sets Kings over us as his Ministers for our good, and yet at the same time to allow them a Latitude to tyrannize over them at their pleasure without control: Can men gather Figs of Thistles, or Grapes of Brambles? then may these men gather such false conclusions from such right premises as cannot yield them. It's undeniable that God never gave any Power to Kings and Princes but what is just and right, and equal. Righteousness and Judgement are the Basis and establishment of his own Throne, and shall Kings pretend to govern otherwise? When the Pharisees pretending kindness (but designing mischief) to Jesus, advised him to depart out of their Coasts, for that Herod sought to kill him, Luke 13. 32, 33. Christ did not depart, nor yet return any low pitiful answer, but boldly answered, Go tell that Fox, I do cast out Devils, and do cures to day and to morrow, etc. thereby intimating, that Kings have no lawful Power to wrong their Subjects, or to hinder any from doing good to others, or their duty towards God, though by Foxlike advisoes they usurp dominion beyond all just right, and that God himself esteems them no other, or better than Bruits according to Psal. 49. 20. Man that is in honour, and understandeth not, is like the Beasts that perish, now what is here meant by understanding, is declared by Job the greatest man of the East, Job 28. 28. The fear of the Lord that is wisdom, and to depart from evil that is understanding. So David a King tells us the same, Psal. 111. 10. and so King Solomon the wisest of men, Prov. 1. 7, 8, 9 ch. 10. with promises of great Blessings, He that feareth the Lord, his soul shall dwell at ease, and his seed shall inherit the Earth, and the secret of the Lord is with them that fear him, and he will show them his Covenant, Psal. 25. 12, 13, 14. All other worldly wisdom that hath not respect to eternity, is but foolishness and brutish, and the esteem that God himself hath of the greatest men on earth without this wisdom, is but as that of Bruits. So John Baptist esteemed the Pharisees and Sadducees but as a generation of Vipers, Matth. 3. 7. So God by Jeremy to the voluptuous, when he had fed them to the full, they then committed Adultery, and assemble themselves by Troops in Harlots Houses, they were as fed Horses, etc. Jer. 5. 8. So David, Dogs have compassed me, the assembly of the wicked have enclosed me, Psal. 22. 16. So Isaiah calls ignorant and blind Watchmen Dogs, ye greedy Dogs, Isaiah 56. 10, 11. And Christ forewarned them not to give that which is holy unto Dogs, neither cast Pearl before Swine, Matth. 7. 6. So was Paul's caution to the Philippians, 3. 2. Beware of Dogs, beware of evil workers, whereby it is apparent that there is no mean between a Saint and a Bruit, be they great or small, rich or poor; Heaven and Hell will divide the whole world, without respect of Persons. And therefore the advice of David a King is to be followed, Be ye not like Horse and Mule which have no understanding, Psal. 32. 9 A Brutish man knoweth not, neither doth a Fool understand this, Psal. 92. 6. All the Machiavilians and Leviathans, and time-serving Pulpiteers of the world and their Council, without such understanding, are but as Bruits and Brutish, void of true sense and understanding. Christ suffered under a Tyrant; true, but how could be suffer but under a Tyrant, that feared neither God nor Man? Christ came into the world in the form of a Servant and to suffer; what for? not to bring us under, but to free us from the yoke of Bondage both Spiritual and Temporal. Consider well the answer which Christ gave to the Mother of Zebedee's Children, desiring that her two Sons might sit the one on his right, the other on his left hand in his Kingdom. viz. Ye know that the Princes of the Gentiles exercise dominion over them, and they that are great exercise Authority over them; but it shall not be so among you, but whoever will be great among you, let him be your Servant, even as the Son of Man came not to be ministered unto, but to minister. Zebedee's Sons dreaming of a Kingdom, that Christ should suddenly have on Earth, and affecting to be chief in that Kingdom and next unto him, there arose among them a strife, (through Pride cometh Contention) who should be greatest among them, whence that proud demand that one might sit on his right hand, and the other on his left. But Christ gently rebuked their proud aspiring humour, and in them all Christians, showing that the Princes of the Gentiles did domineer and play Rex among their Brethren, (a temper very ill beseeming Christians,) but it shall not be so among you (in whom the spirit of the living God should dwell,) but whoever will be great among you, let him be your Minister, and whoever will be chief among you, let him be your Servant; and made himself the great exemplar of so great humility, who came not to be ministered unto, but to minister, of which he gave real testimony through the whole course of his life, first coming down from Heaven his Imperial Residence, then refusing to be made a King here on Earth, when 5000 designed to have taken him by force to have made him a King. Then by washing his Disciples feet, breaking Bread unto them. And to consummate all, he became obedient to death, even that shameful death, the death of the Cross, for us men and for our Salvation; and indeed the whole course of his Life was but administration of all good to all, Rich or Poor, without respect of Persons, which is the proper duty of all Kings. But it shall not be so among you; i. e. Proud and aspiring domination ought not to be among Christians, though they bear the glorious Titles of Evargitae or Benefactors, nay of Emperors, Kings or Princes. Kings, Christians especially, though Kings by name and title, yet in truth are but Servants to the governed. So Moses, who certainly had as great and as unquestionable authority over the Israelites as ever mortal had, to whom God himself did dictate Laws, yet did he never proudly domineer over them, (tho' provoked to the uttermost, so that he desired God to kill him, that he might not see his wretchedness) to their prejudice or detriment, but did bear the burden of them all, carried them in his bosom as a nursing Father beareth the nursing Child, and pleaded importunately with God himself to save them from destruction, when the Fire of the Lord was consuming them at Taberah, and prevailed: worthy the imitation of all those who style themselves God's Vicegerents: then should the governed have no oppression, no complaining in our Streets, but should every man sit quietly under his own Vine and under his own Figtree. So Plato called Magistrates not Lords, but Ministers and Servants of the People, and calleth the People not Servants but Benefactors, as those that allow and give them in gratitude and recompense for their service, wherewithal to keep a Kingly State and Grandeur, and depute them also their Conservators and Executioners of their Laws. So Aristotle calls them Ministers and Keepers of their Laws; the Apostles call them Ministers both of the Laws of God and of the People; and no doubt but they are so, and therefore they ought to be as Faithful as was Moses in not deviating from God's Commandments. Christ in the Scriptures is not against Superiority, Kingship, Government or Governors, but against the haughty and insolent deportment and tyrannical abuse of the power committed to their charge, as the Heathen Princes did, which he rebukes here, intimating that so to govern, is to rule over others to their own hurt, and that to such, a Woe is denounced, Woe to them that decree unrighteous Decrees, and that write grievousness, which they have prescribed, to turn aside the Needy from Judgement, and to take away the right from the Poor, that Widows may be their Prey, and that they may rob the Fatherless. But be not ye like unto the Heathen who govern after such a rate, but the greater you are in Honour and Power, be ye more humble, and as him that serveth, and being as God's Vicegerents (in which appellation you all glory and boast) be ye all Imitators of him, and follow his example, doing good to all, executing judgement and Righteousness, and delivering the spoiled out of the hand of the Oppressor, and do no wrong, no violence to the Stranger, the Fatherless nor to the Widows, neither shed innocent blood, lest his fury go out like Fire, and burn that none can quench it, because of the evil of such doings. The greater you are, the more humble ye ought to be, and then ye shall find favour with the Lord. In lowliness of mind let each esteem others better than themselves. As were his Precepts, so was his example, who though he was chief Priest, King and Lord, yet was he in the midst of his Disciples as he that serveth. It is not Regality but Piety that ennobles and makes Princes in good earnest God's Vicegerents. Carry them in thy bosom as a Nursing Father carrieth the sucking Child into the Land which thou swearest unto their Fathers, (a prescription and document for all Emperors, Kings and Princes:) so God to Moses, whom he made Prince and Lawgiver over the Jews his peculiar People, i. e. lovingly, tenderly, carefully, which showeth the great love, mildness, gentleness that should be in Governors. So Christ, He shall feed his Flock like a Shepherd, he shall gather his Lambs in his Arms, and bear them in his bosom, and he shall gently lead those that are young, Isaiah 40. 11. So Paul, We were gentle among you, even as a Nurse cherisheth her children, we exhorted, and comforted, and charged every one of you as a Father doth his Children, ▪ 1 Thes. 2. 7. 11. Accordingly the Hebrews have this Rule for all Governors, It is unlawful for a man to govern with Stateliness over the Congregation, and with Haughtiness of Spirit, but with Meekness, and Fear. And every Pastor that bringeth more terror upon the Congregation, than is for the name of God, he shall be punished: and so it is not lawful for him to govern them with contemptuous carriage, although they be the Common People of the Land; neither may he tread upon the heads of the holy People, although they be unlearned and base, they be the sons of Abraham, etc. But he must bear the toil of the Congregation and their burden, as Moses our Master, of whom it is said, as a Nursing Father beareth his Child, etc. Maimon in Misn. tom. 4. in Sanhedrim ch. 25. Sect. 1. 2. When the burden of the Government grew too heavy for Moses, God commanded him, saying, Gather unto me Seventy men of the Elders of Israel, whom thou knowest to be Elders of the People, and Officers over them, and bring them unto the Tabernacle of the Congregation, that they may stand there with thee, and I will come down and talk with them, and I will take of the Spirit which is on thee, and will put it upon them, and they shall bear the burden of the People with thee, that thou bear it not thyself alone, Num, 11. 16, 17. By so doing, Moses spirit was not at all diminished, for as Sol Jarchi saith, Moses in that hour was like unto the Lamp that was left (burning) in the Candlestick (in the Sanctuary,) from which all the other Lamps were lighted, yet the light thereof was not lessened, but God showed hereby, that none without gifts of his Spirit are fit for Office and Government. So Jethro to Moses, Choose able Men, such as fear God, Men of Truth, hating covetousness, and place such over them, Exod. 18. 21. Deut. 1. 13. Acts 6. 3. The Hebrews have this rule, viz. Any Synedrion, King or Governor that shall set up a Judge for Israel that is not fit, and is not wise in the wisdom of the Law, and meet to be a Judge; although he be wholly amiable, and have in him other good things, yet he that setteth him up transgresseth, etc. Maim. in Sanhedrim, Chap. 3. Sect. 8. to Kings and Queens not Governing as they ought Jeremy is sent, Chap. 13. 18. Say unto the King and to the Queen, Humble yourselves, sit down, for your Principalities shall come down, even the Crown of your Glory. Obj. Submit yourselves to every ordinance of men for the Lord's sake, whether it be to the King as a Supreme, or unto Governors, as unto them that are sent by him for the punishment of evil doers, and for the praise of them that do well, for so is the Will of God, th● with well doing ye may put to silence the ignorance of foolish men. Peter writ his Epistle to private Persons, strangers scattered through Pontus, Galatia, Gappad●●ia, Asia, Bythinia, to a People scattered through the lesser Asia, being there as Sojourners, and consequently not under any set Form of Government by their own consent, nor indeed capable of it. But what doth this concern whole Kingdoms of freeborn People, who are governed by their own Laws, of their own making, to which their Kings are as subject as themselves, and that by their own consent and solemn Oaths? Make ye no difference between a few dispersed People, and Kingdoms of Nobles, Senators, Diets, Parliaments, Peers of Kings that have a coordinate Power in the Legislative Authority, and without which Kings cannot be, for its the governed that make Kings, not Kings the governed, a King and no King. But be it that it was written to a Senate, what are you the better? when no Precept to which reason is adjoined, doth bind beyond or besides that reason, Lex est ordo. Be subject therefore for the Lord's sake. What is that? because Kingly Government hath a Divine stamp. What to do? To punish evil doers, and to praise and reward them that do well, for this is the Will of God. When Kings so govern, there will be no complaining in our Streets, no calling coram nobis. Of our obligation to obey such Kings as are here described, there's no question; so to obey others, who govern contrarily, here's no mention, no obligation: the reason of this Precept appears, Ver. 16. As free, therefore not as slaves. Turn the Tables. What if Kings should act quite contrary, punish and discountenance the Good and Pious, and reward and countenance the Wicked, what then? He that justifieth the wicked, and he that condemneth the righteous, even they both are abomination to the Lord: He that saith to the wicked, Thou art righteous, him shall the People curse, Nations shall abhor him. If the Lord shall abominate such, the People curse them, and Nations abhor them, shall not Kingdoms make use of their own natural Power to right themselves, but live in perpetual slavery under Axes and Harrows? Is it not called human Ordinance? Yea, shall human Ordinance have Power only to make good Laws, and not have Power to punish the transgressors? O! but Nero a wicked Prince then reigned, and to him the Apostle commands all to be subject. 1. It is questioned whether it were Nero or Claudius, that then was Emperor of Rome; it matters not, for the Apostles writ to private, dispersed strangers that had no share in the Government, not unto free States and Kingdoms as before, not to the Praetors, nor Consuls, nor Senators of Rome. Let every Soul be subject to the higher Powers, for there's no Power but of God, the Powers that be are ordained of God, verse 1. Whosoever therefore resisteth the Power, resisteth the Ordinance of God: and they that resist shall receive to themselves damnation, ver. 2. For Rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the Power? Do that which is good, and thou shalt have praise of the same, verse 3. For he is the Minister of God to thee for good. But if thou do that which is evil, be afraid, for he beareth not the Sword in vain. For he is the Minister of God, a revenger to execute wrath upon him that doth evil, verse 4. Wherefore you must needs be subject, not only for wrath, but also for conscience sake, verse 5. For, for this cause pay you tribute also; for they are God's Ministers, attending continually on this very thing, verse 6. Render therefore to all their deuce, tribute to whom tribute, etc. verse 7. As Rebellion is as the sin of Witchcraft, so Obedience is an Holy thing, when it is yielded to just commands; but when it is referred to tyrannical and abusive commands, than it is not good, but it is void, and natural defence doth succeed in its room: God hath given all Kingdom's liberty and power to make their own Laws by common consent, and appoint their own Governors, and to oblige them to manage and see the execution of them for their protection, and equal Justice to be indifferently executed. To such commands obedience is due; but obedience to commands contrary to established Laws, is obedience in name, but in truth extreme disobedience towards God and the Commonwealth. Paul writes here not as Peter did to strangers and to a dispersed People, but to the Romans, yet to private Persons, Christians especially, and so writes as declaring the whole reason, origine, and end of Government; and that Christian Religion teacheth that Christian Obedience may be yielded to Unchristian Magistrates without servitude or slavery; and that it doth not teach to destroy Civil Polity and Government (as some had falsely accused the Christians there, the occasion of Paul's just writing,) but to establish and regulate it according to right Christian Principles, Laws of God and Nature, not by constituting Nero's and Tyrants above all Laws, but by regulating all Governments to the Standard of the Laws of Nature, God, and Christ; i. e. Rulers are not to be a terror to good works but to the evil: to be Ministers of God for the good of the governed: Revengers, to execute wrath on them that do evil, not on them that do well: on such things they ought continually to attend; if they walk contrary, they are not Ministers nor Vice-gerents of God. Certainly the Apostles never writ with intention to make null, and vacate the Rights and Institutes of all Nations, nor yet so to centre them in the Breast of one Man, a Tyrant, above all Law and Punishment, and that his will and pleasure should be the Law, to the ruin and misery of Mankind. Laws rightfully constituted are the Supreme Regulators both of King and People. The best Emperors always acknowledged the Authority of Laws and of the Senate to be greater than theirs: and all Nations, not barbarous, have always held just Laws most Sacred. Hence Pindarus apud Herodotum, that the Law was King of all. And Orpheus in his Hymns esteemed Laws to be King not only of mortal Men, but even of the Gods also: his reason given, is, because it holds the Reins of Government. So Plato, in Legibus, that which ought to do most in Government is the Law: And in his Epistles he commends that Government most where Law is Lord and King of Men, not where Men are Tyrants over the Laws. So Aristotle in his Politics, and Cicero de Legibus. Seeing therefore by the judgement of the wisest Men, and by the Institutes of the most prudent Cities, Laws are held most Supreme; and where the Doctrine of the Gospel doth not contradict, but comply therewith, there ought to be no doubt of the truth thereof; and that both Kings and People are equally subject thereunto, and Laws according to Cicero 12. Phillipic. are nothing but right reason, drawn from the God's commanding things honest in the sight, and to the solace and benefit of all Men, and forbidding all iniquity, transgression and sin. From God therefore is the Institution of Magistrates, that by their prudent Administration the whole Race of Mankind might live under Laws of their own making, and by their own consent. Arlstotle, Pindarus, Tu●●y, Plato, & alias. And by the judgement of Heathens, Laws hold the Reins of Government, and are above the Magistrates, as Magistrates are above the People, with which Doctrine, and with sound Reason, and with Right of Kingdoms, the Doctrine of the Gospel doth not at all interfere, or clash, but comply, and agree. Let every Soul be subject to the higher Powers, doth subject Kings as well as the People to the obedience thereof: for there is no Power but of God, i. e. there's no Form of Government but hath its stamp of allowance from God himself, commanding things honest in the sight of all Men, and prohibiting the contrary. From God therefore is the Institution of Magistracy, that by their reasonable Service and just Administration, whole Nations may live under Laws and Government; but whether under this or that Form of Government, or by these or those Persons, is wholly▪ left to the free choice of the governed. If therefore by the Judgement of the wise, and the Institutes of the most prudent Cities, Diets, Councils and Parliaments, Laws have the Supreme Authority; and the Doctrine of the Gospel doth not thwart right Reason, nor yet the natural Right of Nations; then must Magistrates also subscribe and submit to the L●●● of their Government, to which they have not only consented and sworn, and be accountable to the same Laws, and to them from whom they derive their Authority and Power, for whose good and benefit, and by whom they were first and primarily enacted and constituted. Magistrates are created and appointed by Men. Hence Peter calls both Kings and other Magistrates a human Creation, or human Ordinance. So H●sea 8. 4. They have set Kings up, but not by me: th' ● have made Princes, but I knew it not. In the Hebrew Commonwealth and Kingdoms only, where they had several ways of resorting unto, and consulting God Almighty, they might and did refer the Nomination of their Kings unto him: but concerning other Nations we have received no such like Custom, or Mandate. The Precept that God himself gave to the Children of Israel for the choice of their King, did more especially respect the Qualifications of Kingship than the Nomination of the Person, viz. When thou art come into the Land which the Lord thy God giveth thee, and shall possess it, and shalt dwell therein, and shall say, Lex Regia. v. Dr. Sherrock, c. 4. n. 9 p. 282, 283. I will set a King over me, like as all the Nations round about me, thou shalt in any wise set him King over thee, (which is a manifest Allowance and Commission to appoint their own Kings) whom the Lord thy God shall choose, (not personally, not by his nomination, but according to such and such qualifications, viz.) one from among thy Brethren shalt thou set King over thee: thou mayst not set a stranger over thee, which is not thy Brother. But he shall not multiply Horses, neither shall he multiply Wives to himself, that his heart turn not away; neither shall he greatly multiply to himself Silver and Gold. And it shall be when he sitteth upon the Throne of his Kingdom, that he shall write him a copy of this Law in a Book: and it shall be with him, and he shall read therein all the days of his life, that he may learn to fear the Lord his God, to keep all the words of this Law and these Statutes to do them: that his heart be not lifted up above his Brethren, and that he turn not aside from that Commandment to the right hand or to the left, to the end that he may prolong his days in his Kingdom, he and his Children in the midst of Israel, Deut. 17. From hence it is evident under what Laws and Precepts Kings are and aught to govern; and, if not so qualified and so chosen, they can have no just Right to govern. Vid. Dr. Sherrock de Officiis, c. 4. Nᵒ. 8. p. 289. Sometimes the very Form of Government may be vicious and faulty, sometimes they that obtain the Power may be so; which may proceed from Men and from the Devil. And the Devil taking Jesus up into a high Mountain, showed unto him all the Kingdoms of the World in a moment of time. And the Devil said unto him, All this power will I give thee, and the glory of them; for that is delivered unto me, and to whomsoever I will I give it. Hence is he called the Prince of this World, John 12. 30. & 14. 31. Rev. 13. 2. The Dragon gave unto the Beast Power, and his Throne, and great Authority; yea the God of the World, 2 Cor. 4. 4. Wherefore when it is written that there is no Power but of God, it is always to be understood, not of all Powers whatsoever, but of all lawful Powers, such as he there described; and of the Powers themselves, not always of the Persons that have the Power. So St. Chrysostom, the Powers that are, are ordained of God, who by his essential Wisdom and Goodness, and by the express Warrant of his Ordinance never ordained any but what were good and behooful for the governed; therefore the Apostle in this place will be understood of lawful Powers: God may and doth permit unlawful Powers for the punishment of wicked doers, even by wicked Men, which are God's Sword, but never ordained such but as his Rod, and Scourges. Wickedness, and Vice, and Sin, being things inordinate, it's not possible that God should Ordain them, and yet be sinful and vicious still: he that resisteth the Power, (viz. lawful Power) resisteth the Ordinance of God; which Precept equally binds and obligeth Kings as well as Subjects that resist, or transgress, or obstruct the Laws, or endeavour to shame them either by Force or coining Evasions. I appeal to Heaven, if they that resist Powers not lawful, or abusers or overturners of lawful Powers, do resist the Ordinance of God or not? I do think that no Man in his right senses will say so. The Apostle yet makes it more plain, that he treats of lawful Powers, when he says, that Rulers are not a terror to good works but to the evil: And he is the Minister of God to thee for good, for he beareth not the Sword in vain: a revenger to execute wrath on them that do evil. Who, unless Heathens, or Persons of profligated Consciences will refuse to be subject to such Powers, not only out of fear of punishment, but for Conscience sake? for without Civil Government, not possible to live in Peace and Happiness. But what Power, what Magistrates soever ordains or acts contrary can never properly be said to be ordained, i. e. allowed and approved of God; and therefore this is no Precept, no Command to yield Obedience to such; neither is it any Precept or Command to forbid us prudently to resist, defend, and right ourselves; for in such cases we do not resist the Powers, but human Errors of Kings and Princes; nor the Magistrates that are ordained of God, who ought to be such as the Apostles decipher; but either Usurpers, or Tyrants, or betrayers of the Trust reposed in them, who yet notwithstanding, if they must be termed Magistrates in that only they have Power to vex, revenge, and ravage over God's People; by the very selfsame Logic, the Devil is our Magistrate. Of one thing only there can be but one true definition; if therefore Paul doth here rightly define Magistracy and Magistrates, (as he doth most accurately) then certainly by the same words he cannot define Tyranny, Oppression, Malegovernment, things Diametrically opposité and contrary one to the other; then certainly to such Magistrates only as the Apostles here describes do we owe Subjection, Tribute, Honour, etc. and not to their contrary. Reasons assigned are; For this cause pay you Tribute also, for they are God's Ministers, attending continually on this very thing: render therefore, etc. The labourer is worthy of his hire: and they that hire ought to have their service, and work well done: so that if Magistrates fail of their Duty, Subjects may slacken their Tribute, which is given them only as a recompense of their Watchfulness, Pains, and Care in well Governing: Therefore simple and absolute subjection is not here required, but subjection with reason subjoined, which reasons are the Rule and Square of our subjection. We are often told by our Priests that Prayers and Tears are the Weapons of Christians: True, but not the only Weapons, lawful resistance of unlawful Force is as true; which Divines both Popish and Protestants, Bellarmine, Turrecremata, Cajetan, Dominicus Soto, Franciscus Victorius, Pareus, Calvin, Eccolompadius, Beza, Martyr, Luther, Lavator, Zuinglius, Bucer, Padre Paolo, eminent for his great Learning, Judgement and Faithfulness in all his Writings. Bishop Bilson, famous for his incomparable works, especially for maintaining Christian Subjection against Unchristian Rebellion: Willet, Dr. Sherrock, Bishop Bedel, and other Modern Writers innumerable, who following one another confirm the same. But yet the said Mr. Clifford in the same Sermon, pag. 11, 12. is pleased with great confidence to Pulpit it, That those that hold such Opinions, are but a few deluded Creatures in the Church of Rome, and a handful of zealous Fools in the reformed Churches: a very severe censure on so many great and learned Men. I much wonder at his daring confidence thus to censure; and, which is worst, to employ his Priesthood and his Pulpit to rail and to delude his Congregation and the World with Paralogisms, and false glosses, and misapplications of plain Texts of Scripture as he hath done, contrary to the very duty of his Priesthood, which is to feed us with Wisdom and Knowledge, and not to prevaricate and juggle with plain Texts. To instance only in that golden Sentence (as he calls it) of the Psalmist, viz. touch not my anointed, Psalm 105. 15. which very Text, though more particularly spoken of the Seed of Abraham his Servant, and of Jacob his chosen, yet it is so clearly, and undeniably applicable to God's People in general, in whom is all his delight, and not of Kings in particular, that it cannot be denied; nay, it is a reproof even to Kings themselves, viz. He suffered no man to do them wrong; yea, he reproved Kings for their sakes, saying, Touch not mine anointed, and do my Prophets no harm, verse 14, 15. which also is reinforced, Psalm 149. For the Lord taketh pleasure in his People, and will put a two-edged Sword in their Hands to bind their Kings in Chains, and their Nobles with Fetters of Iron, to execute upon them the judgement written, This honour have all his Saints. What is this but to betray, and smother, and reproach Truth itself? very ill becoming Priests of the most high God. He hath done as much by other Texts, as Psalm 51. 4. 1 Sam. 8. & Prov. 8. 15. And indeed most Texts he quotes he dissembles, and puts false glosses upon them. But let these pass. I only wonder how Priests dare be so saucy with the Word of God. Neither is it true, as often objected, That infinite scandals would arise and grow from such Doctrines on the Christian Religion: but it is true that they would grow out of the contrary; for so should Tyranny be brought into Commonwealths: which as a public fault is more pernicious. Even as no more is it true, that by this Doctrine there would grow confusions in Families, Cities, and Kingdoms, because every one might defend himself from the Sergeants, from the Comito in Galleys, and from the Prince, who would force them to pay Impositions and Taxes not granted by public consent. For indifferences between Princes and Subjects, both cannot have right on their sides, but of necessity, that if they who use force do it lawfully, the defence must be unlawful; and where the force is unlawful, the defence of necessity must be lawful: and therefore vim vi repellere licet, is always to be understood of that force which is unjusty used. And these Doctrines are most especially to be understood of public Kingdoms, Commonwealths, free States, and Cities, and to preach Patience unto such under Tyran●● and Oppression, is a Medicine fitter for mad Dogs than for reasonable 〈◊〉 especially Christians, for whose sakes God rebukes even Kings, saying, Touch not 〈◊〉 〈◊〉 and do my Prophets no harm, Psalm. 105. 15. To which sort of Remedy no Man ●bound, nay, rather oftentimes a Man should sin in using it, as when the remedy were not only prejudicial to themselves, but also to others. Another Remedy often urged is, Obedience; be it so. This is a Remedy, but when unjust, and prejudicial, and not only to the Liberty which God hath given to the governed, but also to their Lives, Goods, and Honours, they are not bound to use it; and by reason of prejudicing another, they should sin if they should use it. Obedience is a Divine Precept, and is to be yielded to a just and holy command; but when it is referred to unjust and tyrannical commands, it is not good, but natural defence doth then succeed in its room. Submission to unjust commands is Obedience in name, but indeed an extreme disobedience towards God and the governed. Gregory II. Quest. 7. yields the reason: Admomendi sunt subditi ne plus quam expedit sint subjecti, ne quum student plus quam necesse est hominibus subjici compellantur etiam vitia eorum venerari. That Subjects must be admonished that they make not themselves more subject than is convenient, lest they are enforced to flatter them in their Vices, whose subjects they make themselves more than they should. Besides, one abuse of Power and Authority gives a greater scandal to the World, and is a cause of greater mischiefs than many disobediences; and the Prince, as more eminent, is much more bound by his greater Obligation to God to do his duty. Kings that have a serious intent to live Christianly in good earnest, will be careful to observe the Commandments of God, and that they be preferred before his own. These Doctrines of Resistance and Passive Obedience, have of late been very bitterly controverted by our Spiritual Guides, and Mr. Miles Barn tells us, That it is the duty of private Men to submit their judgements in matters of Religion to the determinations of those whom God hath constituted to be their Spiritual Guides and Governors, in his Sermon preached before his Majesty, October 17. 1675. which undeniably is false Doctrine, (and makes us not their Disciples but their Slaves,) and we are never the nearer the Truth if we do. For Prester John may believe with Julian; and John of Jerusalem with Jovian, both Spiritual Guides, and so the Position satisfied, and yet the Controversy as indeterminable and as far undesided as before. And for certain private Men are no more obliged to believe their Spiritual Guides because such, than Spiritual Guides are obliged to believe private Men; but both the one and the other are to be believed or disbelieved according to the Doctrines they do deliver are true or false. But this is not the only false Doctrine he hath preached. Besides his faculty of preaching false Doctrine, he excels in the faculty of Railing, and dares to Pulpit more against Julian, than Michael the Archangel durst do against the Devil; for in his Sermon on Luke 19 he tells us, That amongst fanatics and Atheists, transformed into malicious Fiends by the Hellish Divinity of that Monster of a Priest the Author of Julian the Apostate, whose whole Book is as great an Apostasy from the practice of Primitive Christians, the Precepts of Obedience delivered by Christ and his Apostles, and Christianity itself, as ever the Apostate Julian was guilty of, pag. 19 In which he is not alone, being called by others impudent, unskilful, profligate Wretch, and mercenary Scribbler, which are stones only, not confutations. The practice of former Ages is much urged for justification of their Passive Obedience, and amongst them the Thaebaean Legion is their great exemplar; who, I doubt not, but had in prospect, that of Christ's Kingdom there was no end, that they should reap if they fainted not, that their Combat was to be but short, their Victory sure, their Crowns safe, their Triumph eternal, that God's Grace was all sufficient here to support them, and his Glory all-sufficient hereafter to reward them, and so cheerfully laid down their Lives at the Emperor's unjust commands, and died Martyrs. But not to derogate from their dying according to the dictates of their Consciences, I humbly conceive, and am of Opinion, that they had been more truly valiant for the Truth, and done more right to Christian Religion, and less guilty of being Felones de se, that having so much Power in their hands as they had, and such advantages of the Emperor (he being then in straits,) if they had appealed unto the Lord of Hosts, by standing upon their Guard, and defended themselves. For as the Emperor had no just Authority to command them to sacrifice to Idols, so they had no Obligation to obey his unjust commands; and therefore the Force being unlawful, the Defence must of necessity be just and lawful. Moreover, this very History is by many learned Men accounted but a mere Fable, and so can do them no courtesy, there being no Historian that mentions it in above Two hundred years after it was said to have happened. CHAP. XII. Some Objections answered. God accounts the breach of Covenants as the pollution of his name. Power of the People. St. Ambrose's behaviour towards Valentinian. They who accept of Power from others, to them they are accountable. Public good preferable before private. Delegated powers if abused, naturally returns to them who gave them, and are subject to the Laws which are supreme. Kings no more sacred than the People. By the law of nature the right of the People is supreme and to be preferred. THE contrary is often objected, for that Paul writ this to the Romans, Nero a cruel Tyrant being then Emperor, which is not certain, for that very Learned Men are of Opinion that this Epistle was writ when Claudius (a good and well natured Prince) was Emperor, and his Government easy; besides, the first Five Years of Nero's Government was very mild and moderate, from which uncertainties no certain ground or argument can be drawn, wholly to submit to Tyrants be their Governments never so uneasy. O, but God gave all Nations, viz. the Edomites, Moabites, Amorites, Tyrians and Sydonians and their Kings to Nabuchadnezzar to serve him and his Son, and his Son's Son, until etc. very well, and good reason to, and he tells you why: I have made the Earth saith he, the Man and the Beasts that are upon the ground by my great power, and by my outstretched Arm, and have given it unto whom it seemeth meet unto me. So Daniel, this matter is by the decree of the most High, to the intent that the living may know, that the most High ruleth in the Kingdom of Men, and giveth it to whomsoever he will, and setteth up over it the basest of Men: And good reason to, for his Kingdom is an everlasting Kingdom, and his dominion is from generation to generation. If now the Kings of the Earth can show as good Titles for their Crowns, Thrones and Sceptres as Nabuchadnezzar had from God himself, then may they also abuse their Power, and play Rex as he did; but if they do not, then may they also expect the like Judgement as befell Nabuchadnezzar, and be driven from men by men, and their dwelling to be with the Beasts of the Field. But such Almighty appointment being now ceased, the Governed (who now appoint Kings from among themselves,) may justly hold themselves disengaged from any slavish submission. Methinks Kings even now adays should take warning from this very Nabuchadnezzar, who when contrary to his duty he exalted himself above his Brethren (who shall stand in an equal distance with himself before the great Tribunal, where there shall be no respect of Persons) walking in the Palace of his Kingdam, refusing the Council of Daniel to break off his Sins by Righteousness, and his iniquities by showing mercy to the Poor, that it might be a healing of his Errors, exalted himself above the height of the Clouds, making himself equal to the most high; viz. is not this great Babylon that I have built for the house of the Kingdom by the might of my Power, and for the Honour of my Majesty? Lest they also when they keep no Promises, no Oaths, no Protestations, but break or wrest, or shame them and the Laws which the People hath chosen, and by which both King and People ought to govern and be governed, may come to some such fearful end. Must Tyrants, Usurpers or Lawful Magistrates, Oppressors, draw or deduce their power of quod libet licet over any People from God? and shall not the Governed deduce their power also of freeing themselves from slavery, from God also, and from the Law of Nature itself? If God send Judgements upon a Nation, by permitting Tyrants to rule over them for their sins, or by sending Pestilence, Famine, Fire, Sword, or Wild Beasts to punish them, and may they not seek and endeavour their freedom and relief from all or any such Judgements, though sent of God? and may not that Nation make use of any means that Providence shall furnish them withal to free themselves; quis nisi mentis inops, will doubt it? When ever God pleaseth to stir up the spirit of a Nation, or of a Cyrus, or of a Zerubbabel, Hag. 1. 14. or of a Pull, or of a Tiglathpilnasar, 1 Chron. 5. 26. in which cases vox popul● est v●x Dei, they may make use of what power God pleases to put into their hands or hearts for their own relief. What more ordinary than for God to make use of Kings and Nations as Rods to punish Sinners, and then throw them into the Fire? to set up a Nabuchadnezzar as his Servant whom Kings and Nations shall serve, and after the appointed time, than many Nations and great Kings to serve themselves of him, which is a document to cautionate all Princes, how they abuse their Power, or magnify or exalt themselves above their Brethren, or have humane ordinances, (for so St. Peter calls them,) power only to constitute that which is good, and not be of force and effort to remove or remedy or redress any evil. Far be it, that any Nation should be so stupid as to admit such pestilent Doctrines, as if submitted unto, would utterly destroy all civil life and conversation, and turn God's Image into the condition of Bruits, and by being governed as Horses and as Mules which have no understanding, with Whip and Spur, Bit and Bridle, whilst they exalting themselves above all Law sic volo sic jubeo, must have its effort as well against man as Beast. Hath God declared that Fury is not in him, that the wicked and him that loveth violence his soul hateth? Psal. 11. 5. and that he will break in pieces the Oppressor, Psal. 72. 4. and that great Oppressors are Princes that want understanding, Prov. 28. 16. And hath he not promised relief to the Oppressed, and that they shall take them Captives, whose Captives they were, and they shall rule over their Oppressors, and that the Lord shall give them rest from their sorrow, and from their fear, and from the hard bondage wherein they were made to serve; and did he not break the staff of such Oppressors and the Sceptres of such Rulers, Isaiah 14. 2, 3, 4, 5. How doth Holy Writ swell with examples of such his Actions? How did he baffle Pharaoh that proud Hector and Oppressor with Frogs and Locusts, Caterpillars, Flies, and such Vermin, the most contemptible of his Creatures, to make him let the People of Israel go, and in the conclusion made the selfsame Sea both a Sanctuary unto Israel, and a Grave unto Egypt, where he overthrew the Horse and his Rider, and all his Host. If such documents, such fearful menaces, such wonderful examples of God's Judgements against oppressing Magistrates will not prevail with them to rule as Moses, (who uncontrollably had as great and undisputable power and authority even from God himself, as ever Prince could have,) did, who also, though he was chief among the Seventy, yet did he not Lord it over them, nor over the People, if such (I say) demonstrations of God's anger against Oppressors will not prevail with Kings now in our days under the Gospel, to be as faithful as Moses was under the Law in their Government, I must leave them to the King of Terrors to teach them more wisdom and more Piety. It can never enter into the thoughts and hearts of good Christians, that ever God hath subjected whole Nations to the lusts, will and pleasure of one or more Tyrants, when one that is just is better than a thousand, (Tyrant Kings,) Eccles. 16. 3. It hath been, and still is the custom and manner, (not a just Right) of most Eastern Princes, that as soon as placed on their Thrones, and established by the strength of Armies, to assume and appropriate to themselves as much power over their Subjects as they please. So Step dame Julia most impudently to Bassianus the Emperor, her Son in Law, as before; and so acted Justinian (the greatest Tyrant according to Procopius that ever was,) and his Strumpet Theodora, taken from off the Stage to be Empress, and acted more like Furies than Pious and Rational Creatures, she influencing Justinian by her Magic and Intelligence with the Devil, according to the same Procopius, unfit Patterns for Christian Emperors to imitate, but very fit for Leviathan and his Priestly complices to justify and live under. But if this had been the just Right of Kings in the sacred government of the Israelites, Jezabel (another Theodora) needed not to have offered Naboth a sum of Money, or another Vineyard, or proclaimed a Fast, or to have set Naboth on high, and have suborned Witnesses for his Vineyard, 1 Kings 21. 9 10. King's are not usually so ignorant or careless of their Rights. But if our Malmsbury Leviathan had lived in those days, he would have taught them more wit, and how that Subjects are but Servants to Kings, and whatever they get is for their Lord and King. How severely did God punish Zedekiah King of Judah after he made a Covenant with all the People which were at Jerusalem before God, to proclaim liberty unto them, the breach of which Covenant, God accounted as the Pollution of his name; therefore threatened to give Zedekiah and his Princes into the hands of their Enemies, and into the hand of them that sought their Lives, and into the hands of the King of Babylon's Army; which afterwards he brought to pass when Nabuchadnezzar King of Babylon flew the Sons of Zedekiah before his Eyes, and also all the Nobles of Judah, put out the Eyes of Zedekiah, and bound him in Chains to carry him to Babylon, Jer. 34. 39 a sad example for Kings breaking Laws and Covenants made with their People. Hence Cicero pro Flacco, Illi nostri Sapientissimi, etc. they are our wisest and best Princes, which command and interdict those things which the People approve, or not approve of. So the People unto Saul, shall Jonathan die who hath wrought this great Salvation in Israel? God forbid, as the Lord liveth, there shall not one hair of his head fall to the ground, for he hath wrote with God this day. So the People rescued Jonathan that he died not, though Saul had determined it, 1 Sam, 14. 15. So Ahikam the Son of Shaphan defended Jeremiah the Prophet, destined to die by King Jehoiakim, Jer. 26. 24. and yet were not Rebels. So the Princes and Centurions slew Athaliah the Tyranness, 2 Kings 11. So Maccabeus secured himself and the Commonwealth against the Macedonian Tyrants. So Trasybulus destroyed the Thirty Tyrants of Athens; so the Romans by public consent expelled their Kings, wickedly tyrannising over them, and translated their Dominion Royal into Consular Government, and they often compelled their Consuls to resign their Office for Mal-Government; Nero and Maximinus great Tyrants, they judged and took away. So the Electors caused Wenseslaus a Luxurious and Idle Prince, to quit his Empire, and put in his place Rupert, Elector Palatine. So Dion much magnifies Trajan, for that when he delivered a Sword to one whom he advanced to the Praetorian Cohorts, said hoc pro me utere si justa Imperavero, contra me, si injusta. Use this in my defence, if I command just things, if unjust; then to my ruin and destruction. So the French deposed their King Childeric for his careless Government, shaved him and made him a Monk, and chose Pepin (Master of his Palace,) King in his Room. So Lucius Crassus, that excellent Orator, unto the People at a time when he was Prince of the Senate; Nolite sinere nos cuiquam servire nisi vobis universis quibus & possumus & debemus; Suffer us not to serve any body but yourselves all we can, which we ought to do. For though the Senate governed the People, yet the People gave the Senate that power for their own good and comfort. So Marcus Tullius proplancio, est enim conditio Liberorum populorum, etc. It is the condition and privilege of Freeborn Subjects, especially of this People, and indeed of all Nations, that by their Suffrages they may add or subtract from their Princes what they please; nostrum est ferre modice Populi voluntates, etc. It is our duty modestly to submit to the good wills of the People. So Tertullian in his Apolegetico to an Ethnic Emperor, boklly told him, that an Emperor ought not to be called Lord; Augustus saith he, Imperii formator ne dominum quidem dici se volebat hoc enim Dei est Cognomen, etc. Augustus was the Founder of the Empire, and yet would not be called Lord, because it was the Sir name of God Almighty, and if he be Father of his Country, how can he be Lord thereof? O, but Athanasius the Egyptian Bishop says, that it is a most wicked nefarious thing to call Kings of the Earth before Tribunals. What then, when the Authority of Men, though had in great veneration, are trumpt up to justify any opinion, without producing the grounds and reason of such their opinions, it is but magnificum nihil, makes a noise and a pother, but neither proves nor convinces. Here's not a word out of Scripture to prove it; and in this there's as little credit to be given to Athanasius, as when at the end of his Creed he boldly affirms, that that Creed to be the Catholic Faith, which except a man believe faithfully, he cannot be saved; A Creed which many doubt whether he understood it himself, or be yet intelligible to any other; however to place the certainty of Salvation upon such mysterious expressions, believe it quicunque vult, I am sure vulgar capacities cannot reach it, and they are the greatest part of Christians. So St. Ambrose of a Proconsul and Catechumen called to be Bishop of Milan, is brought upon the Stage to serve the same turn, either unskilfully or flatteringly interpreting, against thee only have I sinned, Psal. 51. 4. who would have all People subject to the Emperor, and yet the Emperor be subject to him. How did he treat Theodosius the Emperor, forbidding him to come into the Church, thereby demonstrating himself to be a Novice, (i. e. newly come to the faith, from being a Proconsul and a Catechumen) in the Doctrine of the Gospel, and lifted up with pride, whom at last prostrate at the Bishop's feet, having obtained his pardon, and restored to the participation of holy duties, and standing without the Rails, magisterially and saucily told him, O Imperator interiora loca tantum Sacerdotihus attributa, quae caeteris contingere non licet. In this his demeanour, he showed himself rather a high Priest of Jewish Rites and Customs, than a true Bishop of the Gospel, who ought to be blameless, and not lifted up with Pride, lest he fall into the condemnation of the Devil. I wonder in what Gospel the Bishop found such authority to be his right to treat Emperors after such a rate. This Bishop attributed absolute dominion to the Emperor over others, but it seems reserved Power over the Emperor to his own Tribe of Prelates, and therefore repulsed Theodosius as subject to him, saying, Coaequalium hominum es Imperator & conservorum, unus enim omnium Dominus Rex & Creator. Very well, the Murder is now out, that mystery which the subtlety and craft Ecclesiastic had long kept in the dark, the indiscreet (to say no worse) Zeal of this otherwise Pious Learned Bishop hath brought to light. And this very St. Ambrose being commanded by Valentinian the Emperor to depart the City of Milan, refused to obey, and being compassed with a company of Armed People, he defended himself and House against the Emperor's Commanders, and so resisted the Supreme Powers against which he had taught. As to that place of the Psalmist, Psal. 51. 4. Against thee only have I sinned, (whereof before) certainly every Individual hath the same right to the same Plea; and then I appeal unto and adjure all ecclesiastics plainly to tell us, if Kings should treat their Wives or Daughters after the same rate, whether they do really and truly believe, that Kings so treating them as David did Vriah, did sin only against God, and not offend them also. Surely they dare not be so confident as to assert it no offence to them, and yet such there are. If this be currant Doctrine in this particular, it will as certainly hold in all other Sins; such Priests as preach such Doctrines, do manifest themselves to be Priests of Baal rather than Priests of the most High God. What mischiefs such Preachments have done in the Christian world, let the world itself be Judge; look upon allthe Courts, and lives of all Emperors, Kings and Princes Christian, and tell me if we may not very probably judge by their Lives and Governments, that they think their Authority an Immunity from all obedience to the Laws of God and Man; and no wonder when such Parasites and Sycophants Preach and Print such Doctrines. That evil Kings are constituted by God; be it so, and so are all other evils; shall there be Evil in the City, and the Lord hath not done it? Amos 6. and yet the same Prophet bids us hate the evil, and love the good, and therefore for that reason have they God only for their Judge. What, above all Laws written and unwritten, natural and divine, and by no Laws to be called to Account by their Subjects, and be found guilty though so? Wherefore? certainly no Law of God forbids it, no Law excepts or exempts them, Reason, Right, Justice, Religion, true Policy and Government, reprove all indifferently without distinction or respect of Persons. I have not as yet read or known any Law written or unwritten, natural or divine, brought to forbid the same: And why should not reproofs and censures of sin and vices and wrongs be executed against them, because forsooth, though wicked, yet are constituted of God: wretched perverse reasonings! I have created the Waster to destroy, Isaiah 54. 16. Are Destroyer's therefore above all Laws? Consider well with yourselves if the reasons and consequences be not the very same. How many Kings in Scripture constituted by God himself, have we known punished, and that by Men? Are not Popes (Tyrants in the Church,) after the same manner constitued by God, as prima sedes anemine judicabitur 77? and yet how powerfully can the same men plead for dethroning them, and yet plead impunity for Kings, Tyrants? How ridiculous is it to plead thus against Baal, (whose Province is conscience only,) to be removed out of the Church, and yet Tyrants over our Bodies, Lives and Fortunes, Consciences and Liberties, must be continued without control. If otherwise, than Kingdoms and States would be turned topsy turvy; be it so, if for the better, why not? If Tyranny and abuse of Power must still continue settled on its Dregs and Lees, then Actum est, A Dieu to all the happiness of the Governed; if things once reduced quo jure quave injuria unto an i'll habit or figure, must they for ever so continue without contradiction? God forbids it, the same power (be it in free States or Kingdoms) being devolved on one or more chosen from among the Governed if abused, naturally returns unto them again, who by their good will, pleasure and suffrages conditionally conferred it on them, and they cannot divest themselves of it. Power from them who injures others by the most just law, must pass unto them who suffer the Injuries, for all Men are equally tied by Laws, than which nothing can be more just; mortal Gods to do what they list, without control, there are none among us. Without all peradventure, they who have right to constitute Magistrates over themselves, by devolving and deligating their own power on them, to manage and govern them according to their own Laws, to see them executed according to the simplicity and sincerity wherewith they were made, without shams or tricks, or shaping or wresting them to wrong ends and purposes, which they are obliged by Oaths (the most sacred tye among mortals) to observe. To them of necessity and of just right, doth belong the right of examining and censuring their Actions, and of calling them to an Account, and to deal with them accordingly. Vide Judicium Lutheri & Theologorum, & I. C. Wittiber-gentium de hac questione, Tom. Jenens. Germ. ap. 384, ad p. 396. & Martyr. comm. in cap. 1. Jud. p. 37. & cap. 3. p. 60, 61. No Law forbids it, no Law excepts them, Reason, Justice and God himself command all Transgressor's to be punished without respect or difference of Persons. CHAP. XIII. Duty of Kings who have Authority from Men. The Right of Legislation. The Law of Nature is the Law of God. King's accountable. The Laws and Practices of Ancient Kingdoms, Roman, Grecian, Lacedaemonian, Carthaginian; what severe Laws they made against Arbitrary Power. IF Kings did rightly consider as they ought to do, their own true interest both in respect of this world and the next, they would con their High Prerogative-assertors very little thanks for such their exaltations thereof, but would rather esteem them as the very worst Friends they have; for whilst they magnify Kingly Powers unto the Skies above the Laws, and are not accountable for Mal-government, they thereby alarm their Subjects, to awaken out of the supposed Dreams of their just Liberty and Interest, and to provide for themselves, and to shake off the bondage of such unlooked for Servitude, wherewith they would seem to surprise them by such Doctrines. And whilst they teach such Infinite Power to be the Right of Kings, they thereby render that power to be the more intolerable. Whilst they teach Kingly Power to be Omnipotent, they excite the People to throw it off, rather than to submit to so unjust domination to be the Right of Kings, whom they have set over themselves for their good, and comfort, and not for their vexation. As all Kingdoms and Republics have their Authority in these our days by the Laws of Men to govern, so they are obliged by the strictest Bonds of divine and humane Laws to manage their Government in the first place to the glory of God, observing his Commandments in general, to fear him, to walk in all his ways, and to love him; then to order the Government aright for the good of the Governed, by well ordering of Laws according to their simple meaning and true intent, without shamming or tricking, exemplary encouraging, and exhorting their Subjects to Honesty, Piety and Justice, punishing all such as transgress God's Commandments, especially those of the Decalogue; for this Power is not▪ Arbitrary, nor given them for their own use only, to manage as they please, but for the good and benefit of the Governed, which they are obliged to do by the Laws of God and Man. Preachments and apprehensions to the contrary, may cause even Saints to be misguided and to act beside their Rule, and to deem themselves Arbitrators of the Government wherewith they are entrusted by the true Patrons thereof, and confirmed and ratified as necessary for the good of the governed by God himself; for that over a multitude of People, consisting of many and sundry Families (as every politic Society doth) impossible it is, that any should have complete lawful Authority but by consent of Men, or immediate appointment of God, who hath power over all, and who by the natural Law hath made all subject. The lawful Power of making Laws to command whole Politic Societies of men, belongeth so properly unto the same entire Societies, that for any Emperor, Prince, Potentate, or Captain General of what kind soever on earth, to exercise the same of himself, or to act contrary to Laws made by public consent, and not either by express Commission immediately and personally received from God (unto which it is now utterly impossible, that any just pretence can be made) or else by authority derived from their consent, upon whose Persons they impose Laws, it is not better than down right Tyranny. Laws nor Powers there can be none lawful, which public approbation hath not made so; and the public power of all Societies is above every Individual contained in the same Societies of what quality soever they be. I may confidently divine, that no People ever were, or ever will be well pleased with Governors that mind more their own benefit, pomp and pride of Life, than the good and solace of the governed; it being the natural and fundamental right of the Governed to deligate as much of their own power, without divesting themselves thereof, as they think fit to Kings or Republics, subject nevertheless to the trusts reposed in them to be always improved and employed for the welfare of the Governed. All People generally bear and are contented with a moderate Yoke, but from too heavy a bondage all naturally endeavour to free themselves by all means, though indirect. The History of Nodus Gordianus is applicable to all humane ties and obligations of Governments, and sometime or other will have the same fate. Therefore it is very indiscreet Zeal in any, and much more in Ministers of the Gospel, to preach up such Prerogatives to be in the hands of Princes, which are always prone to end in the dishonour of God, and in public confusion. Lycurgus, a Spartan King, observing his Neighbouring Princes struggling to get all Power into their hands, and thereby ruining themselves and their Citizens, he thought it his wisest course to take the Senate to be his Consort in Government, and the Power of the Ephori, as a check upon himself; whereby he established and transmitted a firm Kingdom to himself and his Successors for many Generations. Likewise the moderation of Theopompus, King of the Lacedæmonians, who lived more than One hundred years after Lycurgus, was such, that he constituted the popular Government of the Ephori above his own Regal Power, and gloried that he had left and established a more firm and durable Kingdom to his Children and Posterity. No inconsiderable examples, if rightly considered, nor unworthy to be imitated. No Law ever established one Man, King, and Lord above all Laws, neither could they if they would. For that Law which overthrows all Laws, (as such a Law would do) can be no Law. Can it reasonably be imagined, that the Power, or rather the Impotency of one Man (be he King or Emperor) can have more of Divine Right in him to a common Evil, than the Power of whole Kingdoms have of the same Divine Right in them to a common Good? Far be it from all civil Societies to have such brutal thoughts; for whilst Kings are exalted above all Laws (as Pulpiteers would have them,) they thereby reduce rational Men to the condition of Brutes, to be brought under Axes and Harrows without hopes of redress. It is evident, that Nature's Law makes no Kings, nor gives any right of Succession, or Inheritance when made, nor any right to govern Arbitrarily; nor yet the Law of reason, which bindeth reasonable Creatures in this World, and with which, by reason they may plainly perceive themselves bound to submit to such Laws and Ordinances, as public reason doth constitute for the good of the whole, and to prefer the good of the whole before any private good whatsoever: and therefore Kings from hence cannot have any right to wrong or oppress any People, being themselves inferior to the whole. Now seeing Kings have no right by the Law of God, of Nature, or of Reason, to injure or oppress any, it remains therefore, that the People are by Nature's Law Supreme; and that by the same right by which Men first associated and took counsel together how to live in Peace, Plenty, Liberty, and to Defend themselves from Oppression, before ever Kings were or could be set over them; by which right also for common Security, Peace, Liberty, Justice, etc. they constituted and preferred one or more from among themselves, to preside over them for his or their singular Prudence and Wisdom for management above others; by the same right they may censure and renounce the same Men for Negligence, Wickedness, weakness of Parts, or for any Malegovernment. When a People by the Law of God, of Nature, and of Reason, do contrive and establish a Governor over themselves, it must necessarily follow, that the People are to be preferred before the Governor, be he Monarch or other; and therefore there can be no right in him to injure or oppress the People, and therefore the right of the People is by the Law of Nature and of Reason most Supreme. There are no Kings, nor any Right of Succession by any Law of Nature, but by the Law of Nature and of Reason both, both may be established; by which very Laws the most prudent and most deserving have the fairest pretence, the discerning and discriminating of which lies wholly in the Breast and Power of the People. Show me one Law of Nature, or any rule of natural Justice, whereby the Inferiors guilty of punishable Crimes ought to be punished, and the like guilty Potentates ought to go scot-free: the Law of God declares the contrary. The mighty shall be mightily punished. Laws are not Cobwebs to catch little Flies only, and let Bees, Wasps, and Hornets escape through impunè. Kings by Nature are no more Sacred than their Subjects, they are all God's anointed; and if transgressors, are as punishable as they, by the selfsame Laws of God and Nature. No Law of God or Nature Authorizeth any one so to govern, as that all the governed must be subject to punishment, but the Governor exempt and free from censure. It's true that the Papists have an Axiom, as before, viz. Prima sedes à nemine judicabitur. A position as false as Hell. Where such Laws are in force, the Laws of God and Nature are infringed and violated. If Kings break their Oaths and their Trusts solemnly made to the People, and become Tyrants, the People are by his Perjury and breach of Trust (without the help of Popish Dispensations) discharged of their Oaths of Fealty and Allegiance, as also by common Justice and the Law of Nature. Quem populus non vult, statim is non Rex sed tyrannus est. Arist. Pol. lib. 3. cap. 10. The Law of Nature is the Law of God; between which there is a most Divine harmony. Consider well what Laws God hath appointed for Kings; and how the People of God, both Jews and Christians, have behaved themselves towards Kings, and at the same time it must appear, that nothing is more agreeable to the Laws of Nature, than to punish and remove Tyrants. The Law of Nature and Reason seated in the minds of all Men, and respects the good of all Men indifferently, that the strong may not oppress the weak, nor the rich the poor; which Laws cannot be made binding but by common consent; nor any made Governor to see the just and equal execution of them, but by like consent: and therefore both Kings and Republics being so estated by the People for their own good, it necessarily and unavoidably follows, that the People must be the more Worthy and Superior; and consequently there can be no right in any Monarch or Republic to afflict or oppress the People, and therefore by the Law of Nature the Right of the People is Supreme; by which Right before any Kings were erected, the People first associated and consulted for their own mutual Defence, Liberty, Peace, and Happy living together; by which Right also in process of time, they did prefer some one or other from among themselves, whom they did esteem most worthy to preside; and by the same Right they did censure, or remove upon breach of Trust; Nature not particularly respecting the good of one, or of a few, but of all in general. For this we have a more sure word of Prophecy, even the Testimony of God himself in Caiphas the high Priest his Prophecy, That it is expedient that one Man should die for the People, and that the Nation perish not, John 11. 49, 50. Which words, though in their proper signification have respect to the Crucifying of Christ, yet they are grounded on this natural and fundamental Maxim, That the Good, Happiness, and Interest of a Nation is to be preferred before the Interest, Welfare, Will, or Pleasure of any Man, King, or Prince. No Men can by any Law of Nature lay any claim to Kingship or Succession, it must come ab alio Jure; and that can now adays be from no other but by the suffrages and free consent of the governed. They that otherwise sit on Thrones, be it by Conquest, Faction, Craft, or any other Means or Artifices, are but Usurpers at the best. Natural and Moral Right may seem to favour the most prudent and just Persons to sit at the Helm of a State, but confer no absolute nor indefeasible Right to a Throne or Succession: such Persons best qualified have the fairest pretence to Government; but for the weak and simple, the wicked and unjust to domineer over the righteous and just, and to rule with rigour, is contrary to the Law of Nature: and to labour and endeavour to break off the yoke of such Bondage and Empery, is likewise according to the Law of Nature, & virtus vocatur. The People for certain were before there could be any King; and consequently Kings must be made by the People, and therefore are superior to them in some sense, according to quicquid efficit tale est magis tale: a rule as true in Politics as in Naturals. Produce who can, any one Law of God and Nature, or any one Rule of Natural Justice, by which Usurpers, Tyrants, perverters of Law and Justice, are to be free of punishment, and yet the Inferior People to be subject to punishments for Crimes of the same nature. The Reason and Law of Government, be it Monarchical or Republic, is equally natural. Kings by Nature are no more Sacred than those seated in the Government of Republics, who nemine contradicente may and aught to be punished, and why not Kings when transgressors, their Power being given them by the same Persons, and for the very selfsame ends and purposes, the good of the governed? To assert the Oaths and Pacts of Kings with their People to be obliging, and yet to be unaccountable and unreprovable for any breach of them, is with the Cow to give good Milk and then kick it down: at one and the same moment to make good Laws, and yet to abolish and null them, which ought to have dominion over both Kings and People. Look into Ancient Histories, which strut with examples of Governors, Kings, and others, brought to Judgement and condemned by the People, Lacedæmonians, Grecians, Romans, etc. formal Governments. Victima haud ulla Amplior, Potest magisque opima mactari Jovi; Quam Rex Iniquus. Senec. Frag. Lex P. Vallerii. 2. Martii Fab. Maximi Scyllae. C. Gracchi plebiscitum. Lex Annaria, etc. See the Edict of Theodosius and Valens, Christian Emperors, Codex 1. tit. 14. De Authoritate Juris, Imperatorum pendet Authoritas. The Majesty therefore of Caesar's must submit to the Laws on which they depend. Whoever consults and considers the very severe Laws of the Romans, Grecians, Lacedæmonians, Carthaginians, Athenians, against the Licentiousness, Oppressions, Tyranny, Insolences, etc. of their Emperors, and other Magistrates, they will find that they were made with all the Sincerity, Care, Caution, and Wisdom, that the Understandings and Wisdoms of those several Countries and Ages could afford, and that the breach of them were very severely punished. Valerius Publicola, Colleague of Junius Brutus, after their Kings were banished, made a Law, That when Tyrants by reason of their armed Soldiers could not be brought to Judgement, it should be lawful for any Man to resist them by any means, and afterwards to give an account of their so doing. Such like Appeals and Examples are common amongst most Nations. Ambiorix, King of the Gauls, confessed, that the Multitude had no less Power over him than he had over them. Tacitus writes of the Germans, Nec Germanorum Regibus infinita aut libera potestas erat: de minoribus rebus Principes consultant, de majoribus omnes Rex aut Princeps auditur Authoritate suadendi, magis quam jubendi potestate; si displicuit sententia fremitu aspernatur. That their Kings had no Infinite or Arbitrary Power, etc. Vid. A. A. A. lib. 4. cap. 6. p. 181. It is not unworthy our consideration to recount with how great severity and strictest Discipline of Laws, and Ordiances both of the Senate and Common Council, the Romans did provide against the exorbitant, and imperious, licentious Government of their Kings beyond all bounds of reason. After the expulsion of Tarqvinius Superbus, the last Roman King, all the Citizens of Rome assembled and concluded, that their Government under one, whom they called King, should for the future be settled on two, whom at first they called Praetores, afterwards Judices, then consuls. P. Valerius, who was chosen Consul with L. Brutus, made a Law, That it should be lawful for any Man to Appeal from any Magistrate whomsoever to the People; esteeming such Appeals as Bridles and Curbs to licentious Governors: And some do contend, that Appeals during the Reigns of their Kings from them to the People were in use before, and that it was so provided by their Pontifical Books; which Law was reinforced again by Muraena the Consul, quo tempore Sora & Alba coliniae deductae sunt. Afterward, when the Decemvirate Empery was annulled, the People of Rome, the better to provide against Arbitrary Government, besides the Tribunes of the People, who had the Protectorship of the Liberties and Goods of the People, made a new Law, That if any should create a Magistrate without the intercession of the People or their Tribunes, it should be lawful for to kill him. Which Duellius the Consul soon after renewed by an other Constitution, That whoever created a Magistrate without the benefit of Appeals, his Back and Head should pay for it. Notwithstanding all these severities, yet the Nobles did oppress the Commons; and therefore, as the only remedy thereof, M. Valerius before the first Punic War made a Law, called Lex Valeria, which among other things did provide, That whosoever appealed from another Magistrate, should not be punished either Head or Back. But yet the Liberty and Goods of the People not being sufficiently secured, but that the more mighty did oppress the less powerful; the ●icher the poorer; M. Valerius the Consul did a third time promulgate a Law, with grievous punishments to those who should prohibit Appeals to the greater Tribunal, in so much that those who were violently oppressed and condemned, he gave the right of Appeal to the People: And yet after a few years Caligula on pretence that Suits should not be spun out, and wier-drawn too long, did inhibit many Appeals. Although Appeals, the chief protection of the People from Injuries, was ratified by so many Laws, and yet proved insufficient thereunto; therefore Martius Censor made a Law in behalf of the People, That no Man should be preferred twice to those higher places. And then Fab. Maximus in favour of the People ordained, That no Man should in ten years be admitted to the same Place and Authority. Then L. Sylla by a Law forbade any Man under great punishments to be a Praetor before he had been a Quaestor: or Consul before he had been a Praetor, and the same Man not to be advanced again into the same place within ten years, deeming the frequent exaltations into Powers would make the Powers not to be endured; which Law was afterwards extended unto twenty years. There were many Acts also of the Common Council extant, by which it was provided, That no Man should bear two Magistracies, especially that of the Curulis, in one year; neither the Plebaeian, nor the Patrician. And all Magistrates were before admittance to be sworn; and not to stay therein above five Days except they were sworn; and if they carried themselves proudly and insolently in their Government they were to be cast out; the first of such was Tarqvinius Superbus: afterwards (Kingship being banished) Sergius and Virginius, Tribune Consuls, and Cn. Manlius and Servilius Cepio, Proconsuls, the Senate for their Malegovernment caused them to quit Magistracy, and to lay down their Ensigns thereof before the time appointed: Which C. Gracchus by another Ordinance of Common Council confirmed, and also provided, that if any one was discharged of his Magistracy for unworthiness, was thereby rendered uncapable of future preferment to the like, neither were the greatest commands to continue if they transgressed on the Liberty or Right of the People. Magistrates and Honours in the Government were forbidden to be continued above one year by the Lex Annaria: But Julius Caesar by a Law established, That the Praetorian Provinces should not continue above a year, nor the Consul above two years. Tiberius did not easily take away Honours from them, on whom he had conferred them, presuming that the fat Flies would not pill and pole the People so much as the lean. And when their Magistracy was ended they were not to expect a Successor till thirty days were expired by the Lex Cornelia, and then they were to render an account of their Government by the Lex Julia. And therefore we read of many Consuls and Praetors condemned after their Government ended. Among the Grecians we find that he that could not give a good account of his Stewardship, Alogii teneretur. Among the Athenians it was so provided by a Law, That the Governors of their Commonwealth, yea, and their very Priests were subject to render an account thereof to the People. The Carthaginians forbade their Governor's Wine during their Government, lest thereby they should be deceived. Among the Thebans there was a Law, That no Man should be a Governor of the public that had not given his Trade over ten years. The Bythinians, that no Man under thirty years old should be admitted a public Governor; which Augustus reduced to twenty two years old. And if at any time, after their Magistracy was ended, they refused to resign their Empire to the Successor, or would continue to have the Fasces carried before them beyond the just time, it was a capital Crime against the People. The like was among the Thebans. And yet it is recorded, That Epaminondas the Theban, studying the good of his Country, did continue in his Praetorship, and refused to deliver up his Army to his Successor, designed at a time when he had by force of Arms torn the Lacedæmonians to pieces, and Civil Wars, lest if he had quitted his Praetorship, his former Successes had been frustrated; for which being condemned, the People notwithstanding by common consent absolved and quitted him. So severe was the Discipline of the Carthaginians, That if the Emperor or Captain General had followed ill Counsel, though the success proved happy, yet was he to die the shameful death of the Cross for it. The Romans when their Captains had through rashness or unskilfulness lost a Battle, they were fined, and banished. By the Law also first made by Valerius Publicola, it was provided, That whoever received not their Empery or Magistracy from the People should lose their Heads; which also was observed by the Athenians, who admitted no Magistrates but who were chosen either by lot, or public or common suffrages. So great was the Care, Industry, and Endeavours of the Ancients to prevent the Insolency and Oppression of Magistrates, as to bind them up by strictest Laws and Oaths. A. A. A. lib. 4. c. 6. p. 181, 182. It may be true what some Authors have asserted, That at the beginning of the Roman State there were no Laws made by the common Prescript of the People, but what their Kings or Generals of their Armies did prescribe, that was to be taken and observed for Law. The cause might be reasonable, for that they having the Power of the Army they might force obedience as they pleased, having by that means the command of punishing, and rewarding; and also of hearing and determining the Causes, Complaints, Criminations, etc. of the Citizens. In process of time this Imperial and Tyrannical Government found some redress from Romulus and other Kings by the Leges Curiatae; but more especially by Servius Tullius, in which, though the People were not consulted, yet the Senate was: and thence they were called Leges Sacratae; by which their Kings also were bound. Which at first being made without any due or regular order, they were collected and reduced into order by Papyrius, and then that Collection was called Jus Papyrianum. But when Kings would not be bound by those Laws, and therefore were banished, than the Right and Power of Legislation was conferred on the Consuls and Annual Magistrates; and whilst it lasted, by the advice of the Senate, the Laws were brought to the People for their stamp; which being obtained, they remained firm and uncorrupted. Et quodcunque postremum Populus jussit id jus ratumque 12 Tabb. lege sancitum est, v. Calv. Dict. 993. Neither the Consuls only, but the Dictator's, the Praetors, the Aediles, the Censors might make Laws for the People, which being proclaimed by the command of the People, were established; and therefore all from the highest to the lowest were bound to the observance of them: But if the People did not approve of them, or the Senate did not receive them, they were then of no force. The Crier by the Authority and Command of the Dictator's, Consuls, or Praetors, brought the Laws to the People, the Scribe also going before, and subjecting the same to the People, it was then confirmed; and that which by that Law was provided for, the People were made the Author of, and being made and Proclaimed and Engraven in Brass, and laid up in the Treasury of the Rolls or Records, it bound all, High and Low, Rich and Poor, so firmly, that if any one did any thing contrary thereunto, it might appear on Record, that it was done contrary to right, and the transgressors might justly be mulct or fined. But if any thing were to be added or substracted to the same Law before it was proposed in the Marketplace, and before it was engraven in Brass, it might easily be done, afterwards not. But if any one otherwise well deserving Person of the Public, were to be indulged for the breach of some Law, the Senate desiring, and the People commanding, he might be absolved after the manner of the Lacedæmonians. But Alexander Severus the Emperor would make no law sacred without the Council of Twenty of the ablest Civil Lawyers, and Fifty of the other most Prudent Persons first had, which Ordinance the Ancients distinguished into jus & fas: the jus had respect to things humane and temporal, fas unto things divine. But it is observable, that not only the Laws published by the consent of the People were sacred, but also the Orders made by Common Council, and by the Senate, Edicts of Magistrates, the Authorities and Responses of the Lawyers, and the Decrees of Princes, and Cases already adjudged to have the force of Laws in which all civil Right consists. There were also Plebiscita, Laws of the Common People, which upon the demand of the Tribunes of the People, had the force of Laws; for Quintus Hortensius, when the Commons of Rome had withdrawn themselves into Janiculum (a Town beyond Tiber,) made a Law, that those things which the Common People had commanded, all the Quirites, the Roman Citizens should be obliged by, and observe; which Law L. Valerius and M. Horatius had granted Centuriatis Comitiis, i. e. to the general Assembly of the People of Rome, assembled to treat of common affairs. There was great difference between Plebiscita, Orders made by the common People, and the Laws: for the Plebiscita, the Tribunes demanded those things which did belong to the People; but the Laws either Consul or Praetor or other Magistrate advising rogabantur, were demanded whether they should be ratified or not. They made also a difference between Populus, the Citizens of Rome, and Plebs the common Rout; for that among the People were Patricians, Senators, and the Nobility, but among the Rout there were no Patricians. Notwithstanding, whatever the People commanded, was not always to be ratified, because whatever was not just, the People might not command. The Counsels of the Senate, though they were not brought, yet if the Tribunes approved thereof, and would have them ratified, they obtained the force of Laws. The Edicts and Interdicts of Praetors also sometimes, and under some qualifications, had the force of Laws, which were entitled Jus Honorarium, which were taken away by the Lex Cornelia. Also the Responses of Wisemen went sometimes for currant. Likewise the ablest and wisest Lawyers were esteemed and used as the best Interpreters and Judges of the Laws, which some say was granted to them by Augustus; others as confidently affirm they had it not from Augustus and other Princes, but of ancient custom and right long before. But Caligula (that Monster and Enemy of Mankind,) caused all the Decrees of the Lawyers to be forbidden, and no body but himself to be the Interpreter and Judge of them. At least, the Decrees and Constitutions of Princes went for currant Law: For when Caesar and the following Emperors had obtained the chief Empire, and they only gave Laws, and all the Right and Power of Legislation was rend from the People, Lege Hortensia, and was given to the Caesars, so that their Wills and their Decrees (without the counsel or consent of the People as formerly,) had the force of Laws, contrary to the Laws of God, Nature and Reason: Caracalla being fully possessed of this exorbitant power, used it accordingly, who first killed his own Brother Geta (who had equal share with him in the Government by the appointment of Severus their Father,) and then caused the great Lawyer Papinianus to be put to death, because he would not defend that barbarous Act of his before the Senate, alleging for his justification, that it was easier to commit Parricide, than defend it; but afterwards this Caracalla was contented more Majorum, to have him Canonised. Divus, modo non sit vivus, to deify him (being dead) in another world, rather than to have him a living Copartner with him in the Empire. On the contrary, Trajan (that most excellent Emperor,) being possessed of the same power, and having published some private and special Laws, or Indults for great merits; and understanding that some relying thereon, made ill use thereof, by drawing them into Example; and fearing lest contrary to the Laws and Customs of the Ancients, they should be drawn by application unto wrong Causes, and being brought into Judgement and Courts of Justice, or Plead as Precedents, they should pass for Laws, he refused afterwards to answer Plaintiffs or Defendants, by any writing or Libel of Record, lest thereby pernicious examples, and as it were Seminaries of ill might spring from thence. Antiochus had so great veneration for the Laws, that by his public Edicts he did declare, that if he had at any time decreed contrary to Law and Right, it should not be obeyed, but should be freely opposed; by whose example Agesilaus would be obliged by no Promises that he should make, but on condition, that they were just. At what time the Common People did choose their Magistrates (whom they always accounted as sacred) in the sacred Mount, it was provided by a Law, that it should not be lawful for any Patrician to apprehend or disturb any of them: and not without cause; for when against the Power and Insolences of the Patricians, the common People did assemble to choose Tribunes as Champions and Defenders of their Laws and Liberties, to hear complaints against the Patricians, it would be very unjust, that in that, in which the People did choose their Defenders to the height and pitch of Honour, they should admit those who were most adverse and chagrin to their Liberties and Franchises. They esteemed their Tribunes as the Ephori among the Lacedæmonians, advanced and delegated to that office, to curb the Insolences of the Spartan Kings, lest they should abuse their power to the prejudice of the People. Theopompus a Spartan King, instated Five of his Friends to be Ephori, as his Auxiliary Ministers in his Government at home, when he went abroad in Person with his Armies; though it was provided by the Laws of Sparta, that their Kings should not go out in Person with their Armies: which Ephori in process of time, came to have so great a power over their Kings, that they directed them what they were to do, and also were Censors of all they did, insomuch that they called Archidamus to account, imprisoned him, laid a great mulct upon him, and at last took his life away. The like they did to Pausanias and Agis, Lacedaemonian Kings, and were so terrible, that they erected Timoris Sacellum, a Chapel of Terror; which Ephori, together with their Kings, did take Oaths every Month that they would observe the Laws of Lycurgus, and preserve the Kingdom in peace. In tract of time they grew so insolent, that Cleomenes broke their Empire, and restored the Kingly Power. It was not lawful for any Patrician to accept of being a Plebeian Magistrate; and Volero, Tribune of the People, ordained by a Law, proclaimed with the consent of the Plebeians that the Plebeian Magistrate should be made without the Patricians, and only the Plebeians admitted to the Tribunitian Councils. And though formerly to be Dictator, Consul, Praetor, or Censor, none but Patricians were to be admitted; yet afterwards the Patrician Magistrates were to share and communicate with the Plebeians. So Sextius Primus, of a Plebeian was made a Consul, which then was ratified, Lege Licinia, which C. Licinius and L. Sextius, Tribunes of the People, proclaimed, that the Consulship should be common with the Plebeians. Q. also, P. Philo, and Cl. Licinius Stolo, Plebeians, the one did bear the office of Praetorship, the other the Master of the Horse, with the Patricians. Moreover the Dictatorship (in which was placed the greatest glory) and Censorship, we find to be in common with the Plebeians. For both M. Rutilius the first Dictator and Censor, then Q. Pompeius, and Q. Metellus were both made Censors from the Plebeians; which Law Philo the Dictator is said to have made. All the Patrician Magistrates, even those also of the Pontisicates and Priests, were made, the Plebeians being first consulted. In sum, so great was the honour of Tribunitian Power, that the People of Rome gave it to Octavius Augustus, and then to the Caesars, as a special remark of Favour. Yet it must not be omitted, that though the Consuls and Praetors might be called to account by the Tribunes of the People, yet Caesar by the right of his sacred Power, was free from all Power of the Magistrates. But notwithstanding, if he did abuse the Power so conferred upon him, or should diminish, or infringe the rights of the People, or if he did intercede or forbid, or compel when or where he ought not; or if he did enterprise or endeavour any thing against the good of the People, he might be summoned by the Consul or Tribunes of the People; and if found guilty, he might by their Suffrages be degraded and punished; and then he was no more accounted Sacred, but Profane. When nine Tribunes of the People, with Sp. Crassus, lest Magistrates (more majorum) should be substituted, did conspire and confederate against the liberty of the People of Rome, Pub. Mutius, a Tribune of the People, did not only put them out of their Tribuneship, but by right and law did Punish them. And Tiberius Gracchus (the major part of the Tribunes approving,) deprived Octavius (his Colleague in the Tribuneship) of his Power, for that contrary to the good of the Public, he had interceded or opposed himself. The words of the Law by which the Tribunes of the People are made sacred, are Tribunum invitum, tanquam unum è multis, nemo cogito agere, neque verberato, neque alteri ut verberet imperato, neque occidito, neque occidi jubeto: si quis autem prohibitorum horum quid fecerit, impius execrabilisque esto, bonaque ejus publicato ad sacra Cereris, & qui aliquem haec agentium occiderit, caedis expiatus esto, 3. 66. Lycurgus' a Spartan King, and of ancient Kingly Race, (famous and celebrated for good Government, and for making wise and good Laws,) designing to establish Kingly Power upon a more sure foundation, he thought no way so good and so proper (as Plato hath observed,) as to constitute a Senate or Ephori, i. e. the Power of the People, greater than that of Kings. So thought Theseus Euripideus, King of Athens, who having vindicated the liberty of the People of Athens to his great glory, did estate the Popular Power above the Kingly, yet nevertheless, left his Kingdom to his Posterity. All wise and civilised People have ever esteemed the Laws to be King, which it cannot be except it hath Power over Kings. Ann. Dom. 429, in the time of Theodosius 2d, and Valentinian 3d, Florentio, Dianysio and Coss, upon complaints made concerning Appeals, it was answered, that saving the reverence of our Majesty, we do not disdain to have equal Law or Justice with private Persons. L. ult. de appell. & consult. Cod. Th. Abest a. Cod. Just. And suitable to this was the Answer given to the Messengers of afric, by a Law directed to Volusianus the Praefect; viz. It is a resolution worthy the Majesty of a Prince, to own himself bound up by the Laws; so much doth his Authority depend upon that of the Law; and indeed it is a thing greater than Empire, to submit the Prince's Power unto Laws, and by the Oracle of this present Edict, (so it concludes,) that which we do not permit to be lawful to ourselves, we declare to others. L. 4. de leg. Cod. Just. lib. 1. tit. 14. So just and temperate was the Government of the Romans under Theodosius and Valentinian the Third. Kingly Power so tempered, may very well consist with the Liberty of the People. It was so tempered and used with the Spartans', Thebans, Athenians, Sicilians, and others. When all power is given by the People to Kings, whereby they obtain that Title, yet it is given in trust for them, for the safeguard and welfare, and not for the Destruction or Prejudice of the People, to have the benefit and freedom of their Laws, and not be Slaves. O, but after this rate, Kings reign not by God's, but by the People's appointment? Very true, for no Kings now Reign by God's Personal appointment, but by his approbation and allowance only, as all other Governors do; And as if God did not so govern the People, that the People conferred Kingdoms according to the good will and pleasure of God Almighty. Though the People of Rome by the lex Regia, gave their power to Romulus their first King, yet did they not thereby give up themselves to be Slaves; for among the same Laws, they had their Laws also in favour of themselves. And the Emperor Justinian in the very Institutes acknowledgeth, that the Caesar's Reign according to the lex Regia, by the choice and suffrages of the People, Populi suffragia sunto: Magistratus creanto: Leges sciscunto: Pacem bellumque jubento. And among the fragments, the first Law is, Jus Populi & fuffragia sunto, quodcunque postremum Populus jussit, id jus ratumque, 12 Tabul. lege sancitum est. v. Calv. 983. 986. When Proud Tarquin bestroad the Throne, and violated all the wholesome Laws of Servius, and contemned all the Laws of his Predecessors, reducing all to Lust, Will and Pleasure, they soon expelled him, and changed their Kingly Government unto Consular, and chose Brutus and Valerius for their Consuls, who restored the Laws, and others restoring the People to their ancient and just Rights; such were Leges Valeriae, Sacrariae, Iciliae and others; all which did respect the public good, one whereof made by Valeria, (Brutus being dead,) was, that there should be an Appeal to the People against all Magistrates administering wrongfully, and that none should command in Rome, but they on whom the People should confer Power so to do, who with their Goods were to be accounted Sacred; and if any did usurp such Power without their consent it should be capital, Calv. p. 1009. Such a Kingdom is by Aristotle called most properly a Kingdom, which was among the Spartans'; where notwithstanding the Popular Power was above the Kingly, which cannot be denied, where the People paid all Homage, Duty, Honour, and Respect to their Kings, though the Power remained with them, which they did not ordinarily exercise, yet on just occasions resumed and obtained it. It is objected that the People having once delegated their Power to Kings, forfeit it, neither can the People resume it; yet these that thus object, do confess, that the People may resume their delegated Powers from any other kind or form of Government. But what makes the difference, is past my understanding, when Kingly and all other Governments receive their▪ Power from the People on conditions, and which they are sworn to observe and keep; and why that Power which is only Fiduciary, and become forfeited for Mal-government, should not return unto them who delegated it, as well from Kings as from Consuls, Senates, Tribunes, Duumvirates, Triumvirates, Decemvirates, Ephori, or any other form of Government, is past all understanding. It is also scornfully objected, this is to be a Duke of Genoa, a Duke of Venice, not a King. They who have so mean conceits of such Governments, (which in reality are as much approved and allowed by God as Kingly, even by the same Scripture,) are not worthy to preside in any Government. If the Opinion of the Millenaries be true, and Christ shall come and reign upon the earth 1000 Years, will he not do all things for the good of the Governed? Will not his eyes be on the faithful of the Land, and on them that excel in virtue? will he not hate the works of them that turn aside? will he know a wicked Person, except to condemn him? will he suffer them that have High Looks or Proud Hearts? will not his eyes be on the faithful of the Land, that they may dwell with him? shall not they that walk in a Perfect way serve him? shall they that work Deceit dwell in his House, or they that tell Lies tarry in his sight? and will he not destroy all the Wicked of the Land, and cut off all wicked doers from the City of the Lord? And cannot Kings do the same, whether their power be absolute from God, or delegated from the People? Hath not Christ been among us already as him that serveth, and shall his Vicegerents think it below them to be like their Master? Were it not the most desirable condition in the World, for Kings Christian to be so seated on Thrones, as it could not possibly be in their power to do the least injury to the meanest of their Subjects, and yet do good to all? Would not this be a condition acceptable in the sight of God and Man? would not they thereby become Deliciae humani Generis, as once Titus was? Will nothing please but quod libet licet, their Wills and Pleasures to be their Laws? that Justinian-like, when instigated by an Imperious, Whorish, Comedian Theodora, they may securely commit Outrages and Cruelties sans nombre; or when tickled with a Dancing Herodias, shall take off any Head, though of a John Baptist; or when in the midst of Adulterous Embraces, shall betray the strength of a Nation to a Dalilah at pleasure, and all these uncontrollably? When the Romans had cashiered Proud Traquin their King, and in him Kingship, they delegated their Power on Two Consuls, to be check one upon the other, that if one exceeded or abused his Power, he might be curbed by the other; and though both should agree to usurp or extend the power given to the prejudice of the People, yet both Consuls and all other Magistrates were to be obedient to the Senate, whenever the Patricians and People thought fit, which was always had in esteem as the People's Champion and Defender of their Rights and Laws, Tull. orat. pro Sestio. The like subject were the Decemviri, and all other the Magistrates, to the Senate, insomuch that sometimes the Counsuls were esteemed Enemies before they quitted their Consulship, and the Senate took Arms against them. So War was raised by the Authority of the Senate against Anthony the Consul for his misdemeanours during his Consulship. On the contrary, Trajan that Excellent Emperor, (believing him to have been sent from Heaven to redeem them from the slavery of former Tyrants, and to restore unto them their ancient Liberties,) when he gave the Sword (the Ensign and Badge of Majesty and Power) unto Saburanus, Praefect of the Praetorian Cohorts, saying, Accipe hunc Gladium, pro me si recie agam, sin aliter, in me magis, quod moderatorem omnium vel errare minus fas est. Use this Sword for my Defence, whilst I govern as I ought; if otherwise, to my Destruction. Comite Cestriae Gladium Sancti Edvardi, (qui Curtein dicitur) ante regem bajulante, in signum quod comes est Palatii, & Regem, si oberret, habeat de Jure Potestatem cohibendi, suo sibi, scilicet Cestrensi Constabulario ministrante, & virg● Populum, cum se incrdinate ingereret, sub●rahente, Matth. Paris. lib. 3. p. 563. N. 10. At the Marriage of Henry III. King of England, with Elinor, Daughter of Raymund Earl of Provence, the Earl of Chester carried the Sword of St. Edward (called Curtain) before him, in token that he was Master of the Palace, and that he had public Authority to curb the King if he erred. The same Ensign of public Authority is continued to this very day before the Kings of England. King Charles II. at his Coronation being set in a rich Chair under a glorious Cloth of State, Sir Gilbert Talbot Knight, Master of the Jewel-House, presented the Sword of State, also the Sword called Curtana, and two other Swords, to the Lord High Constable, who took and delivered them to the Lord High Chamberlain, and laid them on the Table before the King. The like Powers had the Masters of the Palace in France and other Countries. It is plain, that though that great and just Emperor Traj an had so great Power conferred on him, yet was so just as to appoint a Judge, (though inferior to him) over his Actions: How much more just therefore was he, when he, superior in Power (having all the Armies and Conquests at his beck,) and consequently could not be forced to obey the Senate or People, yet would do it in respect of his Office and Duty to his Delegators, and thereby acknowledge them to be his superior: of whom Pliny in his Panegyric saith, That senatus ut susciperet quartum Consulatum & rogavit & jussit. Which are words of Command, and they that might Command, might Judge and Censure. So Marcus Aurelius the Emperor, when Cassius the Praefect of Syria endeavoured to deprive him of his Kingdom, offered himself to the judgement of the Senate and the People of Rome, as it should seem best unto them. Now, who could better judge of Kingly Power than such just and upright Kings, and in their own Cause? Certainly, by the Law of Nature, all good Kings have the Senate or the People both for their Peers, and Superiors, in some Kingdoms, though Tyrants (hated both of God and Man) will neither have Superior, nor Peer. As of old, Laws (the Law of Nature guiding) by force were devised, so when Laws came to be despised and slighted, by the same Law of Nature there must recourse be had unto force again: so to think is just, and prudent: so to do, is true courage; so to think and do, is the height of a prudent virtue. This remains indelible in Nature, That the Senate, or People are always Superior in some Countries to Kings good or bad: the reason is natural, for that the People do transfer their own Power; or, (to speak yet more properly) the use and exercise of some of their own Power unto Kings; the Power itself still virtually remaining in themselves; of which they cannot so totally divest themselves, but the Spring and Fountain thereof will still remain in them; which is demonstrable, for that in making Laws their consent is still required as absolutely necessary. The nearer we approach and imitate Nature's Laws, the more demonstrable is the Power of the People above the Power of Kings; their Power being only derived from the same People, as a Stream from the Fountain. It is as evident that the People if free do not simply, but hypothetically transfer their Power unto Kings, neither undeed can they by the Law of Nature, but only conditionally, and for the sake of Order, of common Justice, Peace, and Liberty; from which if King's do deviate, it is always to be understood, that the People have transferred no such Power; and indeed transferred nothing, because they transferred it only for certain good ends and purposes, Nature so guiding; which ends if frustrated or perverted, the very Pacts and Delegations themselves are ipso facto voidable; nay, void at the pleasure of the Senate or People: and therefore the People must consequently be superior to Kings, who though singulis Majores, yet in true construction of Law and Equity are universis Minores. In a popular State, it is generally acknowledged that Magistrates placed by the People may be censured by the People: and in an Aristocracy by the Optimacy: and yet it's held monstrous that Kings should be called to account in some Countries; which, if true, concludes thus much certainly true, That they are more than brutishly foolish ever to admit of any such Government, which most certainly renders them slaves at the will of Kings. How comes it to pass that Kings only of all other Governors must Reign unquestionable, uncensured, uncontrollable? Do Men born under such a Regiment naturally become so desperately sottish and brutish as to love slavery better than freedom? Why do they then prescribe them Laws, and conditions of Governing, and Oaths for the more certain performance of them at their first admittance? That they might with the better grace jeer, and scorn, and enslave them? Or, that they only of all the Sons and Daughters of Men, might have liberty to break Laws, and perjure themselves impuné? Or be left only to the Judgement of the great day? Where's the great difference and distance between Kings and popular Magistrates, Title only excepted? Which Title the very People gave them for the better Grace, Adornment and Majesty of their own Government. The same Power and Authority is transferred unto Kings, and unto popular Magistrates by the People; both one and the other sworn alike to observance of the Laws; and the obliged to obey not one nor the other any longer than quamdiu id bene gesserit? Who makes the difference? If any, God hath already decided it on behalf of the popular Magistracy by his own example, who of his own infinite Wisdom, Authority, and Goodness towards Mankind, instituted Judges as the best Form of Government; but appointed Kings in Wrath, and Anger, and Indignation, and at the foolish instance of a froward and rebellious People, and as a punishment on them who had rejected him and his Government, and rebelled against him; whereby it is manifest, that Kingship was first ordained as a punishment, not as the best Government. To assert absolute Dominion to be in Kings from the example of Fathers and of Masters of Families, hath no ground in Nature, Scripture, Reason. Aristotle in the beginning of his Politics condemns that Opinion, of there being but little difference in the similitude between a Kingdom and a Family. Regnum à familia non numero solum, sed specie differt. For Fathers beget their Children. And the People beget or create their Kings, and not Kings the People. And Fathers provide for their Children, but the People provide for Kings, not only for their Necessaries but for Superfluities, for their Magnificence, and for their Grandeur: And according to Diodorus 11ᵒ. Kingdoms of old were wont to be given not necessarily to the Sons of Kings, but to them in whom did appear most apparent signs and tokens of Love and Kindness towards the People, and of common good. So Justin, Principio rerum, gentium, nationumque imperium penes reges erat, quos ad fastigium hujus majestatis, non ambitio Popularis, sed spectata inter bonos moderatio provehebat: Whereby it plainly appears, that Paternal and Hereditary Empery subscribes and is subservient to Virtue and to the Right of Nations. Which Original of Kingly Dominion, both Reason and Cause, are most especially natural; for which very cause and reason Men did first assemble and agree on a Government, not that one should insult and domineer over all the rest, but whosoever did injure another, there should be a Law and a Judge amongst them for the defence and recompensing the injured. Primus Rex Agis ab Ephoris est morte mulctatus, 192. Ob. Rex non est, nisi unus sit & unicus. If so, than many that were Kings of England, were not. To let pass many of the Saxons, who had many Peers in their Government either Sons or Brothers. It's manifest that Hen. II. of the Norman Race, reigned with his Son. Consentire vultis de habendo ipsum regem? 193. Quod opus non foret si regnum jure esset haereditarium, apud Reges usurpatio pro Jure saepissime obtinet. In the Creation of our Kings, the Archbishop asks the People four times, Consentire vultis de habendo ipsum regem? After the Roman Custom, vultis, jubetis hunc regnare? Of which there was no need, if the King had an absolute independent Right of Inheritance. Therefore as William the Conqueror took an Oath of Allegiance from the People after the Battle of Hastings; so the People took his Oath that he would keep Faith with them, etc. After which when he broke his Faith with the People, they took Arms again; then he most solemnly swore again, That he would observe and keep the Ancient Laws of England: if he tyrannised over them, it was not jure belli, but jure perjurii. And when he died, he declared, Neminem Anglici regni eonstituo haeredem. lib. Cadomens'. inde jus belli, & jus haereditarium cum ipso mortuo Gulielmo sepultum est. Rex non potest facere injuriam, quod scelerate interpretantur, Non est injuria quod facit Rex, quia in eo non punitur. If it be demanded by what Authority Kings may be indicted and censured? It's answered, by the same Authority, by the same Men, and the same Laws that delegated their Power to create them King; and that by the selfsame reason. King's have no Power but what they have received from the People, and therefore they must have Power over Kings: and by the Law of St. Edward, Kings not governing righteously lose the very name of King, and it denies him to be a King. It is never to be forgotten, that in the beginning all Power did flow from the People, and still doth; which Tully excellently demonstrates, De lege Agraria. Cum omnes potestates, Imperia, curationes ab úniverso Populo proficisci convenit, tum eas profecto maxim, quae constituuntur ad populi fructum aliquem, & commodum, in quo & universi delegant quem populo maxime consulturum, & unusquisque' study & suffragio suo viam sibi ad beneficium impetrandum munire possit. Seeing all Powers, Commands, Curations (i. e. potestas seu munus administrandi bona) do proceed and flow from the People, than those more especially which are constituted and do respect the good and benefit of the People, in which the universality do choose them whom they judge will most especially study and procure their good; and every one by their study and suffrage may have easy access to obtain Justice, and Favours. And all Lawyers do agree and hold, That all Laws repugnant to the Laws of God, of Nature, or of Reason, are not to be accounted as Laws. And whereas the Power of judging was Originally in the People, and the English by no Lex Regia, have at any time transferred it out of themselves, no King of England hath been wont, or hath Power, to judge any Man, unless by the known and approved Laws, Fleta lib. 1. c. 17. What Power Kings have are given to them by the People, that they may know by the Authority to them committed, that they may do nothing contrary to the Law, and keep our Laws, but not impose their own Laws on us; and the King's Power is really and truly in the Courts of Law, wherein the People by their Juries have their share also. And their chief Power is in their Senates, and Parliaments, who have a Right and Authority over all Courts and Powers; in all which Courts Kings may both sue and be sued, and the reciprocal Causes to be indifferently tried according to established Laws. If at any time King's act any thing contrary to Laws, they act then as private Men, or as Tyrants, and not by any Authority transferred on them by God or Man, so to do. Hence Bract. l. 1. c. 8. Non est Rex ubi dominatur voluntas, & non Lex, etc. 1. 3. c. 9 Rex est dum bene regit: tyrannus dum populum sibi creditum violenta opprimit dominatione, etc. ibid. Exercere debet Rex potestatem Juris, ut vicarius & minister Dei; potestas autem injuriae Diaboli est, non Dei. Cum declinat ad injuriam Rex, Diaboli minister est. As nothing contrary to the Laws of God and Reason can be accounted a Law, so neither can a Tyrant be a King, nor a Minister of the Devil be a Minister of God; seeing therefore Law is but the product of right Reason, and Obedience is due to Kings as the Ministers of God; so by the same Reason and Law, Tyrants and Ministers of the Devil may be censured and resisted. Either the People to be governed have a Right and Power to choose their own Governor, or they have not. If they have not, than Kings chosen by them are not Kings, but Usurpers and Oppressors. If they have Power to choose, than they have Power to oblige him to what Conditions they please, and to keep them; and, if they fail of performing, than they are free of the Covenant, as it was between Rahab and the Spies. FINIS. ERRATA. PAge 6. line 18. deal it. ibid. l. 50. for Iliad r. Myriad. p. 9 l. 11. f. doth only r. not only. ib. l. 38. f. the way r. the right way. p. 11. l. 15. f. our r. your. ib. f. Blackguard r. Peasants. p. 13. l. 3. deal and. p. 14. l. 28. f. this, r. those. p. 17. l. 23. f. Zalencus, r. Zaleucus. p. 16. l. 43. r. St. Edward. p. 22. l. 20. r elegerit & alibi. ib. l. 58. r. Martyrs. p. 24. l. pen. f. the, r. thy. p. 25. l. pen. deal to. p. 28. l. 25. deal in the Posterity of. ibid. l. 31. f. did, r. should. p. 30. l. 22. f. taking r. taken. ibid. l. 58. deal hundred. p. 31. l. 17. f. Timens, r Fabius. ib. l. 32. r. Fabius. p. 33. l. 24. f. or, r. and. ib. l. 46. f. never, r. ever. p. 42. l. 12, r. Commonwealth. p. 43. l. 38. deal Obj. p. 44. l. 46. f. necesset, r recesset. p. 46. l. 10. r. elegerit. p. 47. l. 16. r. perfectiora. p. 48. l. 35. r. differemus cui quam. p. 51. l, 43. deal we. p. 56. l. 41. f. magis, r. majes. ib. l. 46. r. says. p. 57 l. 57 f, him, r. them. ib. l. 33. r. proscribed. p. 60. l. 38. deal the second no. p. 61. l. pen. f. beareth, r. bear. p. 62. l. 47. after yet, r. God. p. 63. l. 19 r. prepossessed. p. 69. l. 27. f. ye, r. yea. p. 75. l. 18. f. his. r. their. p. 76. l. 5. in the Contents, f. returns, r. return. ib. 5. in the Chapter, f. was, r. were. ibid. l. 33. f. lawful, r. unlawful. p. 78. l. 19 f. Proplancio, r. pro Plancio. p. 82. l. 7. r. is seated. p. 87. l. 23. f. Florentio Dianysio and Coss. r. Florentio & Dianysio Coss. ibid. l. 35. f. Valerius, r. Valeria.