The Theater of Gods Judgments, Book 1 · Chapter 6
CHAP. VI. How the greatest Monarchs in the World ought to be subject to the Law of God, and consequently the Lawes of Man and Nature.
EVery man confesseth this to be true, That by how much the more benefits and dignity he hath received from another, by so much he is the more bounden and beholden to him: now it is so, that Kings and Princes are those upon whom God hath bestowed more plentifully his gifts and graces, than upon any other, whom hee hath made as it were his Lievtenants in the world: for hee hath extolled and placed them above others, and bedecked them with honour, giving them power and authority to rule and raigne, by putting people in subjection to them; and therefore so much the more are they bound to re-acknowledge him againe, to the end to doe him all honour and homage which is required at their hands. Therefore David exhorteth them, to serve the Lord even with reverence. Psal. 2. 11.This then their high and superintendent estate is no priviledge to exempt them from the subjection and obedience which they owe unto God, whom they ought to reverence above all things. Yee Princes and high Lords (saith the Prophet) give you unto the Lord eternall glory and strength: Psal. 29. 1.give unto him glory due unto his name, and cast your selves before him to do him reverence. If they owe so much honour unto God as to their Soveraigne, then surely it must follow, that they ought to obey his voice, and feare to offend him; and so much the rather, because hee is a great deale more strong and terrible than they, able to cause his horrible thunderbolts to tumble upon their heads, they being not able once to withstand his puissance, but constrained very often to tremble thereat. In all that prescription Deut. 17. 15.and ordinance ordained and set down by God concerning the office of Kings, there is no mention made of any liberty he giveth them to live after their owne lusts, and to doe every thing that seemeth good in their own eyes: but hee enjoyneth them expresly, to have alwaies with them the booke of his Law, delighteth to reade and meditate therein, and thereby to learne to feare and reverence his name, by observing all the precepts that are contained in that booke. As for civill and naturall Lawes, insomuch as they are founded upon equity and right (for otherwise they were no Lawes) therein they are agreeable to, and as it were dependents on the Law of God; as is well declared by Cicero in the first and second booke of his Lawes; for even they also condemne theeves, adulterers, murtherers, parricides, and such like. If then Princes be subject to the Law of God, (as I am about to shew) there is no doubt but that they are likewise subject to those civill Lawes, by reason of the equity and justice which therein is commended unto us. And if (as Plato saith) the Lawes ought to be Dial. 4. de Legib.above the Prince, not the Prince above the Lawes, it is then most manifest, that the Prince is tyed unto the Lawes, even in such sort, that without the same, the government which hee swayeth can never be lawfull and commendable. And if it be true, that the Magistrate is or ought to be a speaking Law (as it is said) and ought to maintaine the authority and credit thereof, by the due and upright administration of Iustice (for if hee did not this, he were a dumbe Law, and without life) how is it possible that he should make it of authority and force with others, if hee despiseth and transgresseth it himselfe? David did never assume so much to himselfe, as to desire to have liberty to doe what hee listed in his Kingdome, but willingly submitted himselfe to that which his office and duty required; making, even then when he was installed and established King over the whole Land, a Covenant of peace with the Princes and Deputies of the people: 2. Sam. 5.and we know, that in every covenant and bargaine both parties are bound to each other, by a mutuall bond to performe the conditions which they are agreed upon. The like is used at the coronation of Christian Kings, whereas the people is bound and sworne to doe their alleagance to their Kings; so the Kings are also solemnely sworne to maintaine and defend true Religion, the estate of Iustice, the peace and tranquillity of their subjects, and the right and priviledges (which are nothing but the Lawes) of the Realme: whereas David was by the Prophet Nathan reproved for the adultery and murder which he had committed, he neither used any excuse, nor alledged any priviledge whereby he was exempted from the rigour of the law to justifie his fact, but freely confessed without any cloake, that he had sinned. Whereby it appeareth of how small strength and authority their opinion and words be, which thinke or affirme that a Prince may dispense with the lawes at his pleasure: by this opinion was the mother in law of Antonius Caracalla seduced; who having by her lascivious and filthy allurements enticed her sonne in law to lust, and love her, and to desire her for his wife, perswaded him that he might bring his purpose to passe, and that it was lawfull enough for him, if hee would, though for other it was unlawfull, seeing that hee was Emperour, and that it belongeth not to him to receive, but to give lawes: by which perswasion, that brave marriage was concluded and made up, contrary to the law of nature and nations, and to all honesty and vertue. So it was reported how Cambyses Herod. li… 3.tooke his owne sister to wife, whom notwithstanding a little after hee put to death: which thing being not usuall then among the Persians, not daring to enterprise it (although hee was a most wicked man) without the advice of the Magistrates and Counsellors of his Realme; he called them together, and demanded whether it was lawfull for him to make such a marriage or no? to whom they answered freely, That there was no prescript law which did allow of it: yet (that they might sooth him up, fearing to incurre his displeasure) they said further, that though there was no law to command it, yet such a mighty King as hee, might doe what he pleased. In like manner the trencher Philosopher Anaxarchus, after that he had told Alexander the Great with a loud voice, that hee ought not to Plutarch.feare the penalty of any law, nor the reproach nor blame of any man, because it belonged onelyonly to his office to create lawes for all other to live by, and to prescribe the limits of lawfull and lawlesse things; and that it became him, being a conquerour, to rule like a lord and a master, and not to obey any vaine conceit of law whatsoever; and that what thing soever the King did, the same was sacred, just and lawful, without exception. And by this means made his proceedings farre more dissolute and outragious in many things than ever they were before. Dion in the Epitome of Xiphiline reporteth, how the Emperours were wont to usurpe this priviledge, to be exempted from all law, that they might not be tyed to any necessity of doing or leaving undone any thing, and how in no case they would endure to be subject to any written ordinances: the which thing is manifest even in the behaviour of the chiefest of them, as well in regard of their life and manners, as of the government that they used in their Common-wealths. For first of all, Augustus Caesar having kept in his owne hand the office of the Triumvir ten yeares (as Suetonius testifieth) hee also usurped the Tribunes office and authority, and that till his dying day: and likewise tooke upon him the Censorship; namely, the office of correcting and governing manners and lawes, if need required: whose successors (a man may truly say for the most part) trampled under their feet all sincere and sacred lawes, by their notorious intemperance, dissolutenesse, and cruelties. And yet for all this there wanted not a parasiticall Lawyer, who to please the Emperor his lord and master the better, and to underprop, and as it were seele over with a faire shew that tyrannicall government used by other Emperours; foisted in this as a law amongst the rest, Princeps legibus solutus est, That the Prince was exempted from all law. As for that which they alleadge out of Aristotles Politiques, it maketh nothing to set a colour upon this counterfeit: (for saith Aristotle) If there be any man that excelleth so in vertue above all others, that none is able to compare with him, that man is to be accounted as a God amongst men, to whom no law may be prescribed, because he is a law unto himselfe: all which I grant to be true, if that which was presupposed could take place: for where no transgression is found, there no law is necessary; according as Saint Paul said, The law was not given for the just, but for the unjust and offendors: but where is it possible to find such a Prince so excellent and so vertuous, that standeth not in need of some law to be ruled by?
Of the like force and strength is that which is written in the first booke of Institutions, tit. 2. the words are these: The Princes pleasure serveth for a law, because the whole body of the people hath translated all their authority, power, and jurisdiction unto him. This is spoken of the Romane Emperours, but upon the ground of so slender and silly reason, that upon so weake a foundation it can never stand: for if it be demanded, whether this action of the people, of giving over their right and prerogative to their Prince, be willing or constrained, what answer will they make? If it be by constraint and feare (as it is indeed) who will not judge this usurping of their liberty utterly unjust and tyrannicall, when one man shall arrogate that to himselfe which pertaineth to many, yea to the whole body of the people? And admit that this reason was effectuall, yet the glosse upon the place saith very notably, That the Princes pleasure may be held for a law, so farre forth as that which pleaseth him be just and honest: giving us to know thus much thereby, That every will and pleasure of a Prince may not indifferently be allowed for a law, if it be an unjust and dishonest action, and contrary to the rule of good manners. Moreover, it appeareth by the Customes of many antient people and Realmes, That Princes had never this license given them, to doe what they listed: for let them be never so mighty, yea as mighty as Darius, under whose raigne the Persian Monarchy was abolished; yet hee must be content (acording to the law of the Medes and Persians) not to be able to infringe that law which was by the advice of his Peers and Privy Councell enacted, and by his owne consent and authority established: no, though for Daniels deliverance sake, Dan. …. 8.whom he loved, he greatly desired and tooke paines either to disannull, or at least to give a favourable interpretation of it.
Such in old time was the custome of the Kings of Aegypt, not to follow Di…d. lib. 2 c▪ 2.their owne affections in any actions they went about, but to be directed by the advice of their lawes: for they had not so much authority as to judge betwixt man and man, or to levy subsidies and such like by their owne powers; neither to punish any man through choler, or any overweening conceit, but were alwayes tyed to observe justice and equity in all causes: neither did it grieve them so to doe, being perswaded that whilest they obeyed their lawes, nothing could betide them but good. The Lacedemonian Kings were in such bondage to the lawes of their Th▪ucyd. lib. 1.countrey, that the Ephori, which were set up to none other end but to be a bridle to hold them backe from doing what they listed, had absolute authority to correct them when they had committed any fault; which subjection nothing displeased King Theopompus, as it is apparent by the answer he made his wise, that reproved him once in anger, saying, By his cowardise he would leave a lesse kingdome to his children, than he had received of his Ancestors. Nay (saith he) a greater, forsomuch as more durable and permanent. Plutarch praising the uprightnesse of King Alcamenes, who, for feare to breake the law, refused divers presents that were sent him, bursteth into this speech: O heart worthy of a King, that hath preferred the authority of the law before his owne profit! Where are those fellowes now that cry, Kings pleasures ought to be observed for Lawes, and that a Prince may make a law, but is not subject to it himselfe? And this is that which Plutarch saith as concerning that matter, who lived under Trajan the Emperor.
Cornelius Tacitus discovering the beginning and originall of the Romane Civill Law, saith, That Servius the third King of Rome after Romulus and Lib. 3. Annal.Numa, was the only man that most established those lawes, whereunto Kings themselves ought to yeeld and be obedient. And admit that the Emperours swayed with great power and authority almost all the world; yet for all their fiercenesse and haughtinesse of minde, Pliny durst tell Trajan, In Panegyr.That an Emperour ought to use to carry himselfe with such good government in his Empire, as if he were sure to give up an account of all his actions: Thou must not (saith hee) desire more liberty to follow thine owne lust, than any one of us doe: a Prince is not set over the law, but the law placed in authority above the Prince. This was the admonition of that heathen man. Likewise Antonius and Severus, two mighty Emperours, although by reason of an opinion of their owne greatnesse and haughtinesse, wherewith they flattered themselves, bragged that they were not subject to any law; yet they added this clause withall, That notwithstanding they would live according to the direction of the law. This (saith Theodosius and Valentinion, two no lesse mighty Emperours) is a voice becomming the Royall Majesty and greatnesse of a King, To confesse himselfe Lib. 4. ti…. 17.to live under a law; and in truth it is a thing of greater importance than the imperiall dignity it selfe, to put soveraignty under the authority of law. Amongst many other good lessons and exhortations which Lewis that good King gave unto his sonne on his death-bed, this was Lib. 1. cod. Nicol. Gil. vol. …. Chronic. Franc.one worthy the remembring, how he commanded him to love and feare God with all his strength, and to take heed of doing any thing that should be contrary to his law, whatsoever should befall him; and to provide that the good lawes and statutes of his kingdome might be observed, and the priviledges of his subjects maintained: to forbid Iudges to favour him more than any others, when any cause of his owne came in tryall. Thereby giving us thus much to understand, That every good King ought to submit himselfe in obedience under the hand of God, and under the rule of justice and equity. Wherefore there is neither King nor Keisar that can or ought to exempt himselfe from the observance of sacred and upright lawes; which if they resist or disanull, doubtlesse they are culpable of a most hainous crime, and especially of Rebellion against the King of Kings.