The Sovereign Power of Parliaments and Kingdoms, Appendix · Subpart 8 (2 of 3)

The Sovereign Power of Parliaments and Kingdoms · Appendix · Subpart 8 (2 of 3)

p. 138**So 2 Sam. 21. 17, 18. David being like to be slain by Ishb…enoh the Gyant whom Abishai slew. The men of David swar… to him, …, Thou shalt go no more out with us to battell, that thou quench not the light of Israe▪2 Sam 21:172 Sam 21:18Thou shalt not go forth; for if we flee away, they will not care for us, neither if halfe of us die will they care for us; but now thou art worth ten thousand of us, therefore now is better that thou succour us out of the Citie: And the king said unto them, Whatsoever seemeth you good that I will doe; and thereupon stayed behinde in the City, as they advised him. So he likewise followed Ioabs advice, to go forth and sit in the gate, and speak comfortably to the People after his mourning p. 139for Absalons death, else not one of the People would have tarried with him that night, 2 Samuel. 19. 1. to 20. and by this means All the people came before him though they had formerly fled every man to his tent; and he so engaged them to him, That all the people were at strife thorowout all the Tribes of Israel, to bring the King back again to Gilgal, whence Absalon had chased him. Adde to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we finde, that after Solomons death, All Israel came to Sechem to make Rehoboam King; and all the Congregation of Israel spake unto Rehoboam, saying, Thy father made our yoak grievous, now therefore make thou the grievous service of thy Father, and his heavy yoak which he put upon us, lighter, and we will serve thee. And he said unto them, Depart ye for three dayes, and then come again; and the people departed. In the mean time he consulted first with the old men, after that with the young men about him, what answer he should return; who giving contrary advice, Ieroboam and all the people coming to him again the third day, the King answered the people roughly, after the counsell of the young men, saying, My Father made your yoke heavy, and I will adde to your yoke; My Father chastised you with whips, but I will chastise you with scorpions: So when all the people saw that the King hearkned not to them, the people answered the King, saying, What portion have we in David? neither have we inheritance in the son of Iesse, to your tents ô Israel; now see to thine own house David: So Israel departed to their Tents, and fell away from the house of David unto this day: And all Israel called Ieroboam unto the Congregation, and made him King over all I…rael: And the Text expresly addes this memorable observation, Wherefore the King h…rkned not unto the people, for the cause was from the Lord, that he might p…rform his saying, which the Lord spake by Abijah the Shilonite to Ieroboam the son of Nebat… Where we see the Kings not hearkning to the people and congregation of Israel in their just request, and giving them an harsh answer, was a sufficient ground and occasion for them, to cast off his government, and elect another King to reign over them, and that with Divine approbation from God himself: Such was the whole people… and congregations Soveraigne power over their Kings. We reade in the 1 Kings 20. 1. to 10. that when Benhadad king of Syria gathered a great Host, and sent to A…ab king Israel, to resign up all his silver, gold, Wives, Children, and pleasant things into the hand of his servants: Then the king of Israel called all the Elders of the Lan…, and …aid, Heark, I pray you, and see how this man seeketh mischief, for he sent unto me for my Wives and for my Children, for my silver, and for my gold, and I denyed him not: And all the El…ers, and all the people, said unto him, Hearken not unto him, nor consent. Wherefore he said unto the messengers of Benhaded, tell my Lord the King, all that thou didst send for to thy servant at first, I will do, but this thing I may not do. Where the Elders and people both advise and over-rule the King in this matter of great importance both to the Kingdom and K…ng, who returned no answer to this publike case without the congregations publik advise. So **2 Chron. 30. 1, to 6.2 Chr 30:1–6Hezekiah king of Iudah sent to all Israel and Iudah, and wrote Letters also to Ephraim and Manasseh, that they should come to the house of the Lord at Ierusalem, to keep the Passeover unto the Lord God of Israel; For Hezekiah had taken counsell, and his Princes, and all the Congregation in Ierusalem, to keep the Passeover in the second monethmonth, for they could not keep it at that time, because the people had not sanctified themselves sufficiently; neither had the people gathered themselves together at Ierusalem; and the thing pleased the King And all the Congregation, So they established a Decrée, p. 140to make Proclamation throughout all Israel, from Bersheba even to Dan, that they should come to keep the Passeover unto the Lord God of Israel at Ierusalem, for they had not done it of a long time, in such sort as it was written. So the Posts went with the Letters from the King and the Princes, throughout all Israel, and Iudah, &c. vers. 12. Also in Iudah the hand of God was to give them one heart to doe the Commandement of the King and of the Princes, by the word of the Lord; and vers. 23. And the whole Assembly took Counsell to keep other seven dayes; and they kept other seven dayes with gladnesse;impliedimplied2 Chron. 31. …8. 1.2 Chr 31:82 Chr 31:1 and All the Congregation of Iudah and Israel rejoyced: vers. 25. When all this was finished All Israel that were present, went to the Cities of Iudah and brake the images in pieces and cut down the Groves, and threw downe the high places and the Altars out of all Iudah and Benjamin, in Ephraim also and Manasseth, untill they had utterly destroyed them all. Then all the Children of Israel, returned every man to his possession into their owne City: In the 2 Chron. 32. 3. When Hezekiah saw that Senacherib was come, and that he was purposed to fight against Ierusalem; He took Councell with his Princes and his mighty men, to stop the waters of the Fountaine which were without the City, and they did help him, and there was gathered much people together, who stopped all the Fountaines, &c. Adde hereunto that notable Text, Ier. 38. 4. to 28. Where when the Prophet Ieremy had prophecied, that Ierusalem should be given into the hands of the King of Babylons Army which should take it; Therefore the Princes hereupon said unto the King; we beseech thee, let this man be put to death; for thus he weakneth the hands of the men of Warre that remain in this City, and the hands of all the people, in speaking such words unto them; for this man seeketh not the welfare of this people, but the hurt: Then Zedechiah the King said; Behold he is in your hand; For the King is not he that can doe any thing against you. And Ier. 26. 8. to 29. Now it came to passe when Ieremiah had made an end of speaking all that the Lord had commanded him to speake unto all the people, that the Priests, the Prophets, and all the people tooke him, saying; thou shalt surely dye, &c. So Ezra 10. 1. to 20. There assembled unto Ezra, a very great Congregation of men, &c. And they said unto Ezra, we have trespassed against our God, and have taken strange wives of the people of the land; yet now there is hope in Israel concerning this thing. Now therfore let us make a Covenant with our God to put away all the strange wives, &c. and let it be don according to the Law: and All I…rael said that they would doe according to this word. And they made Proclamation throughout Iudah and Ierusalem unto all the children of the Captivity, that they should gather themselves unto Ierusalem; and that whosoever would not come within 3. dayes According to the Councell of the Princes and the Elders, all his substance should be forfeited, and himselfe seperated from the Congregation of those that had been carryed away: Then all the men of Iudah and Benjamin gathered themselves together unto Ierusalem, within three dayes, and all the people sate in the street of the house of God trembling, hecause of this matter and for the great raine. And Ezra the Priest stood up and said unto them, Ye have transgressed and taken strange wives to encrease the trespasse of Israel; Now therefore make confession unto the Lord God of your fathers, and doe his pleasure, and seperate your selves from the people of the Land, and from the strange wives. Then All the Congregation answered, and said with a l…wd voyce; As thou hast said, so must we doe; but the people are many, and it is a time of much raine, and we are not able to stand without, neither is this a worke of one day or two; for we are many that p. 141have transgressed in this thing: let now our rulers of all the Congregation stand, and let them which have taken strange wives in our Cities, come at appointed times, and with them the Elders of every City and the Iudges thereof, untill the fierce wrath of our God for this matter, be turned from us: And the Children of the Captivity did so. Where we see the whole Congregation determine and direct all that was done in this grand common businesse: And Esther 9. 17. to 32. the Iewes (upon Mordecaies and Esthers Letters, after the slaughter of their Enemies) Ordained and took upon them and upon their séed, and upon all such as joyned themselves unto them, so as it should not faile, that they would keep the 13. and 14. day of the month Adar, and make it a day of feasting and gladnesse, according to their writing, and according to their appointed time every yeare: And that these dayes should be kept and remembred thorowout every generation, every Family, every Province, and every City, and that these dayes of Purim should not faile from among the Iewes, nor the memoriall of them perish from their seed: And the Decree of Esther confirmed those mater of Purim, As they had decreed for themselves and their séed.

From all these Texts (compared with Prov. 11. 14. c. 15. 22. c. 25. 5.) it is most apparant: that the Kings of Iudah and Israel were no absolute Soveraigne Princes paramount their whole Kingdomes, or the generall Senate and Congregation of the people, or their Sanhedrin, but inferiour to them in power; and not onelyonly counselled but over-ruled usually by them, in all matters of publike concernment. A truth so pregnant, that ccThe third part of the True difference between Christian Subiection, &c. p. 513. 514.Bp. Bilson himself from some of these Texts confesseth, That it is a question among the learned; what Soveraignty the whole people of Israel had over their Kings; And that these Scriptures have perswaded some, and might lead Zuinglius to thinke, that the people of Israel, notwithstanding they called for a King, Yet reserved to themselves sufficient Authority to over-rule their King, in those thiugs which séemed expedient and néedfull for the publike well-fare, else God would not punish the people for their Kings iniquity, which they must suffer and not redresse. Hence that eminent …ew ddAntique. lud. 1▪ 4. c. 8.Iosephus (a man best acquainted of any, with his owne Nations Antiquities, Lawes, and the Prerogatives of their kings) resolves in direct termes; that their King, whosoever he were, ought to attribute more to the Lawes, and to God, then to his own wisdome, Aud to doe nothing without the advice of the High-Priest and Senate; and that if he multiplyed horses, and many more then was fitting They might resist him, lest he became more potent then was expedient for their affaires. Hence Petrus Cunaeus de Repub. Hebr. l. 1. c. 12. p. 101. 102. writes thus of the Sanhedrin or Parliament among the Iewes. Thus the Prophets, who grievously offended, were no where else punishable but in this Assembly; which (Quod summae petestatis est) as it is an Argument of The Supremest power) did both constitute the King: ac de Bello gerendo deque hostibus profligandis & de proferend… Imperio deliber ab…ut. Sed quoniam haec ejusmodi erant in quibus salus omnium, & summae Reipublicae vertebatur, Consultatum de his plerumque cum populo est; indictaeenim Comitiae sunt, in quibus solis populus partem aliquam caperet regendae reipublicae, &c. De Rege igitur deque Bello, ut dixi, decretafacta interdum Populi auctore sunt. Caetera omnia Senatores Sanhedrin Per se expe…ivere. So that the Sanhedrin and Congregation of the people were the highest Soveraigne power, and principall determiners of publike matters concerning warre and peace, by Cunaeus his resolution: Who debating this weighty controversie, ddCunaeus de Repub. Heb. 6. 1. c. 9. p. 75. 76. 77.Heb 6:1What the p. 142Scepter of Iudah was (prophesied of Gen. 49. 10.) and what and whose the Majesty of the Empire was? determines thus. I suppose the Scepter to be nothing else, but the Majesty of the Empire or Government, to wit that, Qnae ipsi Reipublicae assidet, which belong… to the Republike it selfe. Wherefore whose the Republike is, the Scepter ought to be said theirs. Now the Hebrew Republike from Moses his time till the Kingdome of Rehoboam, was not of the Iewes (or tribe of Iudah) but of the twelve Tribes, from whence it followes, that even the Scepter for all those times was of all the Israelites. Now of this Scepter, which was long common to all the twelve Tribes, the divine Patriarke spake not in that most famous Oracle: for he looked at latter yeares, and future ages, when as the Tribe of Iudah, the people being divided into contrary parts, began to have its Republike apart from the Israelites, which God approved and loved; and would have to be called Iewish, from the Tribe of Iudah alone, untill hee (to wit Christ) should be given to the assemblies of men, to whom not onelyonly the Empire of the Iewes, but Gentiles also was destinated. And verily this Majesty of the Scepter, from the time it once began to be of the Iewes, we say continued to be theirs, although the state of the Commonweale was sometimes changed, and the soveraignty of the Empire was sometimes in the Elders and High Priests, sometimes in the Kings and Princes. They doe too foolishly, who here dance in a narrow compasse, and suppose that the honour of this name appertaines not but to Kings? For what people soever, useth its owne Republike and its Lawes, Is recte Glor…ari de Imperio deque sceptro potest, it may rightly boast of Its Empire and Scepter. It is recorded, that at Ierusalem even at that time, when not the Princes but the Elders governed the people, in the midst of the great Councell, which they called the Sanhedrin, there hung a Scepter, which thing verily was a certain Ensign of its Majesty; which Marcus Tullius in a particular Oration, saith, Esse magnitudinem quandam Populi, in ejus potestate ac jure retinendo, quae vertitur in imperio, atque omnis populi dignitate. Not Kings, not Princes, but Consuls and the Senate managed the Roman Common-wealth; whence this Law of Truce was given to the Aetolians, which Livy reports, That they should conserve The Majesty of the People of Rome without mal-engin: And the very same thing was commanded all free People, who by any league, but not … would come into the frindship of the Romanes, as Proculus the Lawyer witnesseth, in l. 7. F. de Captiu: & Post. reversis. Neither think we it materiall to our purpose, of what Nation or Tribe they were, who moderated and ruled the Iewish affaires; for although the Hasmonaean L…vites held their Kingdome for many yeeres, yet the Republike was of the Iewish people. That most wise Master Seneca said to Nero Caesar, That the Republike was not the Princes, (or of the Prince) But the Prince the Republikes. Neither verily was the opinion of Vlpian the Lawyer otherwise; for he at last saith, that That is Treason, which is committed against the Roman People, or against their safety, l. 1. s. 1. F. ad Legem Iul. Maj…st. Now Vlpian lived in those times, when the people had neither command nor suffrages left them, but the Emperours held the Empire and Principality; and yet he who is wont most accurately to define all things, saith, That Majesty is of the People; From all which it is apparant, that not onelyonly in the Roman Empire and other Kingdomes, but even among the Iewes themselves; the Majesty, and Soveraign Power, and Scepter resided not in the Kings, but in the whole State and People. Hence Will. Schickardus in his Ius Regium Hebraeorum, Argent. 1625. p. 7. determinesthus. The state of the Iewish Kingdome was not Monarchicall p. 143(as our Court Doctors falsely dream) but mixt with an Aristocracie for the King without the assent of the Sanhedrin Could determine nothing in great causes. They constituted not a King but in it, &c. attributing the Soveraignest power to the Congregation and Sanhedrin, who had power to create, elect, and in some cases to resist, and depose their Kings. Hence eeExplanio Artic. 42. Tom 1 Oper. Tiguri, 1581. f. 84, 85.Huldericus Zuinglius writes expresly, That the Kings of the Iewes and others, when they dealt perfidiously, contrary to the Law of God and the rule of Christ, might be lawfully deposed by the People. This the example of Saul manifestly teacheth, whom God rejected, notwithstanding he had first elected him King: Yea, whiles wicked Princes and Kings were not removed, all the people were punished of God; as is evident by Ier. 15. 1. to 6. where they were punished with four judgements and plagues for Manassehs sinnes. In summe, if the Iewes had not permitted their King to be so wicked without punishment, they had not beene so grievously punished by God. By what means he is to be removed from his Office, is easily to conjecture; thou maist not slay him, nor raise any war or tumult to do it, but the thing is to be attempted by other means, because God hath called us in peace, 1 Cor. 7. If the King be created by common suffrages, he may again be deprived by common Votes, unlesse they will be punished with him; but if he be chosen by the election and consent of a few Princes, the people may signifie to them the flagitious life of the King, and may tell them, that it is by no means to be endured, that so they may remove him, who have inaugurated him. Here now is the difficulty for those that do this, the Tyrant will proceed against them according to his lust, and slay whom he pleaseth; but it is a glorious thing to die for justice and the truth of God; and it is better to die for the defence of justice, then afterwards to be slain with the wicked by assenting to injustice, or by dissembling, Those who cannot endure this, let them indure a lustfull and insolent Tyrant, expecting extream punishment together with him; yet the hand of the Lord is stretched out still, and threatneth a stroke: But when with the consent and suffrage of the whole, or certainly of the better part of the multitude a Tyrant is removed, Deo …it auspice, it is done by God approbation. If the Children of Israel had thus deposed Manasseh, they had not been so grievously punished with him. So Zuinglius. Hence ffQuaest. 3. p. 94, to 97.Stephanus Iunius Brutus in his Vindiciae contra Tyrannos, in answer to Machiavels Princeps (a most accursed mischievous Treatise) and justification of the Protestants defensive wars in France to preserve their Religion and Liberties. Anno 1589. determines positively, That as all the people are Superiour to the King, so are those Officers of State and Parliaments, who represent them, Superiour to Kings collectively considered, though every of them apart be inferiour to them. In the Kingdom of Israel, which by the judgement of all Polititians was best instituted, by God, there was this order, The King had not onelyonly private Officers who looked to his family, but the Kingdom likwise had 71 Elders and Captains elected out of all the Tribes, who had the care of the Commonweale both in time of peace and war, and likewise their Magistrates in every Town, who defended their severall Cities, as the others did the whole kingdom. These when ever they were to deliberate of greatest affairs, assembled together, neither could any thing be determined without their advice, which much concerned the commonwealth: Thereforegg… Chro. 29. 1. David called these all together when he desired to in v…st Solomon in the Kingdom, when he desired the policy restored by him should be examined and approved,hh1 Chr. …3. 1.1 Chr 3:1 when the Ark was to be reduced, &c. And because they represented all the people, all the people are then said to have assembled together. Finally, the sameii1 Sam, 14. 45▪ rescued Ionathan, condemned to death by Sauls sentence; from whence it appears, p. 144that an appeale lay from the King to the people: But from the time the Kingdome was divided, through the pride of Rehoboam, the Synedrin of Ierusalem consisting of 71 men, seems to be of that authoritie,kk1 Chron. 10. 1.1 Chr 10:1 that they might judge the King in their assembly, as well as the King judge them when they were apart. The Captain of the House of Iudah wasllNeh. 11. 9.Neh 11:9 President over this assembly, that is, some chief man chosen out of the Tribe of Iudah, as even the chief man for the City Ierusalem, was chosen out of the Tribe of Benjamin: This will be made more evident by examples.mmIer. 26. 9. 17Jer 26:9Jer 26:17 Ieremie being sent by God to denounce the overthrow of the City Ierusalem, is for this, first condemned by the Priests and Prophets, that is, by the Ecclesiasticall judgement or Senate; after this, by all the People, that is, by the ordinary Iudges of the Citie, to wit, by the Captains of thousands and hundreds; at last by the Princes of Iudah, that is, by the 71 men sitting in the new Porch of the Temple, his cause being made known, he is acquitted. Now they in that very judgement expresly condemn King Iehoiakim, who a little before had most cruelly slain the Prophet Uriah, threatning like things. Also we readennIer. 37. & 38Jer 37 elsewhere, that King Zedekiah, did so much reverence the Authoritie of this Sanhedrin, that he durst not free the Prophet Jeremie, thrust by these 71 men into a filthy prison, but likewise scarce dared to translate him into the Court of the Prison from thence; yea, when they perswaded him to consent to Jeremiah his death, he answered, that he was in their hands, and that he could not contradict them in any thing; Yea, he fearing lest they should enquire into the conference which he privately had with Ieremie, as if he were about to render an account of the things which he had spoken, forgeth a lie. Therefore in this Kingdom the States or Officers of the Kingdom were above the King; I say, in this Kingdome which was instituted and ordaintd, not by Plato or Aristotle, but by God himself, the Author of all order, and the chiefe institutor of all Monarchy… Such were the seven Magi in the Persian Empire, the Ephori in the Spartan Kingdom, and the publike Ministers in the Egyptian Kingdome, assigned and associated to the King by the People to that onelyonly end, that He should not commit any thing against the Lawes. Thus, and much more this Author, together with Con. Super antius Vasco, who published this Treatise to all pious and faithfull Princes of the Republike, giving large Encomiums of its worth; as also the Author of the Treatise De Iure Magistratus in Subditos. p. 253, 254, 255, 256. 268, to 275. whose words for brevity I pretermit; Bp. Bilson in his forecited passages: and Hugo Grotius De Iure Belli & pacis, l. 1, c, 3. sect. 20. p. 63, 64. where he confesseth, That if the King of the Israelites offended against the Lawes written concerning the Office of a King, he was to be scourged for it; and that the Sanhedrin had a power above their king in some cases.

5Finally, the Kings of Israel and Iudah were not superior to, nor exempted from the Lawes, but inferiour to and obliged by them, as well as Subjects: This is evident, not onelyonly by the premises, but by sundry impregnable Texts, As Deut. 17. 18. 19. 20. where God himselfe in the very description of the office and duty of their King, prescribes this in direct termes, as a part of his duty. And it shall be when He sitteth on the Throne of this Kingdome, that he shall write him a Copy of This Law in a Booke, out of that before the Priest… and Levites: And it shall be with Him, and He shall read therein All the dayes of his life, that he may learn to feare the Lord his God, To kéep all the words of the Law, and these Statutes to doe them, that his heart be not lifted up above his brethren; and that He turn not aside from the Commandement, to the right hand or to the left: seconded by Iosh. 7. 8. This Booke of the Law, shall not depart p. 145out of thy mouth, but thou shalt meditate therein day and night; that thou maist observe to doe according to all that is written therein: turne not to it from the right hand, or to the left, for then thou shalt make thy way prosperous, and then thou shalt have good successe. Hence it was, that as soon as ever Saul was elected and made King by Samuel and the people, he being the first of their Kings) Samuel told the people the manner of the Kingdom, and wrote it in a Booke, and laid it up before the Lord: which Booke, contained not the exorbitances and oppressions that their Kings would exercise over them, mentioned in the 1 Sam. 8. 11. to 19. as Iosephus mistakes; but as Petrus Curaeus andqqIun. …rutus Vindic. Contr. Tyrannos qu. 3. p. 121, 12…, Albericus Gentilis de I…re Belli l. 3. c. 15. p. 612. others more rightly observe, the Law of God concerning Kings, prescribed by him, Deut. 17. 14. to the end; and such Lawes which commanded Kings to use Iustice and equity; to govern the Common-wealth well, for the peoples benefit; to abstaine from fornication and lusts; to retain modesty in a great fortune, &c. Hence Samuel enioyned both Saul and the People, to feare the Lord, and serve him, and obey his voyce, and follow him, and not rebell against his Commandement, &c. 1 Sam. 12. 14, 15. 20. to 25. Hence KingrrPs. 1. 1, 2. Ps. 19. 10. Ps. 119 th… oug…o…t.Ps 1:1Ps 1:2Ps 19:10Ps 119 David did alwayes meditate in the Law of God, day and night, accounting it more deare unto him then thousands of Gold and silver: And withall pronounceth from Gods own mouth; ss2 Sam. 23. 3.2 Sam 23:3The God of Israel said, the Rocke of Israel spake to me, he that ruleth over men must be just, ruling in the feare of God. Hence the tt1 King. 10. 9. 2. Chron. 9. 8.1 Kgs 10:92 Chr 9:8Qu. of Sheeba used this speech to king Solomon, Because the Lord loved Israel for ever, therefore made he thee King (what? to domineere at his pleasure? no verily, but) To doe Iudgement and Iustice. VponUpon this ground, vv2 Chron 34. 31.2 Chr 34:31King Iosiah made a covenant before the Lord, to walke after the Lord, And to kéep his Commandements, and his testimonies and his statutes with all his heart, and with all his soul; And Kingxx2 Chron. 15. 12. to 17. Ezra 10. 3 &c. Neh. 9. 38. c. 10. 1. to the end.2 Chr 15:12–17Ezra 10:3Neh 9:38 Asa, with other Princes and Governors did the like, as the premises evidence: From all which, yyIsay 9. 7. c. 16. 5. c. 32. 2. 2 Sam. 5. 12. Ezek▪ 45. 8, 9.Isa 9:72 Sam 5:12Ezek 45:8Ezek 45:9and infinite other Scriptures, obliging Kings to reign in righteousnesse, to doe justice and judgement to all, andzzIsay 1. 23. c. 12. 14, 15. Zeph. 3 3. Mi…. 3. 9. to 12. Ezek. 22. 6. to 28. Isa. 14. 4. to 23.Isa 1:23Zeph 3:3Ezek 22:6–28Isa 14:4–23 reprehending them exceedingly for their injustice, tyranny, oppressions, idolatries, and other sinnes; it is i…efragable; that their kings were as much, if not more obliged to keep both Gods and the kingdomes Lawes, as the Subiects; and had no arbitrary power to doe what they pleased.

All that is, or can be colourably obiected to the contrary, zzObject. 1.to prove the kings of Israel absolute Monarchs, exempt from Lawes, and paramount their Sanhedrin or people collectively considered, is, First, that passage of Psal. 51. 4. where king David confessing his sinnes of Adultery and Murther to God, useth this expression; Against thee, Thee onelyonly have I sinned, and done this evill in thy sight: Of which aaCom. in Ps. 50. & Epist. ad Rusticam.Ps 50Hierom renders this reason, Quod Rex erat & alium non timebat: alium non habebat super se: which Ambrose thus seconds, Rex erat, Nullis ip…e legibus tenebatur, quia liberi sunt Reges a vinculis delictorum: Neque enim ullis ad poenam vocantur legibus, Tuti Imperii potestate, bbIn Psal. 50.Ps 50Homini ergo non peccavit, cui non tenebatur obnoxiusccIn Psal. 50.Ps 50 Arnobius & Cassiodor, adde, De populo si quis erraverit, & Deo peccat & Regi: quando Rex delinquit,ddGrotius de Iure Belli & Pacis, l, 1. c. 3. sect. 20. p. 63, 64 77. soli Deo reus est: Merito ergo Rex, Deo Tantum se dicit peccasse; quia solus erat qui ejus potuisset admissa discutere. The like we finde in Isiodor. Epist. 383. which some Iewish Rabbins back with this saying of Barnachmon, titulo de Iudicibus Nulla creatura judicat Regem, sed Deus benedictus: Therefore the Iewish kings were above all Lawes, and not subiect to the censures of their Congregations, States, or Sanhedri….

p. 146To this I answerAnsw. first, That no doubt, David by his adultry and murther (being sinnes against the second Table) did sinne not onelyonly against God, butee1 Sam. 2. 25. 2 Chron. 6. 22. Deut. 22. 23. 24. Ezek. 18. 6. 7. 111 Sam 2:252 Chr 6:22Deut 22:23Deut 22:24Ezek 18:6Ezek 18:7Ezek 18:11 against Vriah and his wife too, their children and kinred; yeaffProv. 20. 2. 1 Cor. 6. 1….Prov 20:21 Cor 6:1 against his own soule and body, though he were a king; That of Iustus Eccardus, De Lege Regia, being an irrefragable truth, granted byggSee Grotius de Iure Belli, l. 2. c. 14. s. 20. Marius Salamonius de Principatulib. Rebuf Praesat. ad Rubr de Collationibus, p. 583. all Lawyers and Divines whatsoever, that the absolutest Emperors, Monarchs, Kings, that be, are subject to the Lawes of God, of Nature, of Nations, and cannot justly doe any thing against them to the hurt of pietie, chastity, fame, life, or what is contrary to good Manners. Secondly, No doubt every king is bound in conscience by the Law of God and man, to give satisfaction and recompence to his Subiects against whom he sinneth in this nature, as David himselfe determines in this his own case, 2 Sam. 12. 5, 6, 7. Thirdly, For this very sin against Vriah God threatens, that the sword should never depart from Davids house; that hee would raise up evil against him out of his own house, that be would take his wives before his eyes and give them unto his Neighbour, who should lye with them in the sight of the Sunne, before all Israel, 2 Sam. 12. 10, 11, 12. which was actually fulfilled in and by Absalom his sonne, 2 Sam. 16. 22. The glosse therefore of these Fathers, that David was exempt from all Lawes being a King, and that he could not sinne against a Subject, is point-blank against the History, and Text it selfe; and manifested to be apparantly false by all the premised Scriptures and Authorities. Fourthly, the true reason of this speech of David, Against thee, Thée onelyonly have I sinned, and done this evill in thy sight, as Augustine hhIn Ps. 50. Marlorat. Mollerus, Musculus, Calvin, Bredenbachus, Brentius Bucunus, Brero, Bugenhag. Fernerius, Haymo, Gu…lter, Roll…c, Savanoerola, Scul…etus, Oilbert cognatus, Westhemerus, Zegodinus Wolfg. Seberius in Psal. 51.Ps 50Ps 51and others truly observe was: 1. Because David had plotted and contrived the murther of Vriah, and abusing of his wife so closely, that no man did or could take notice of it; whence Nathan the Prophet tells him, 2 Sam. 12. 12. Thou didst it Secretly, but I will do this before all Israel: sed forte erat quod homines latebat, & non inveniebant illi quod erat quidem, sed mani… estum none erat, writes Augustine: 2. Because Vriah being slain, and his wife a party consenting to Davids sinne, his sinne now might in this sence he said, to be against God alone. 3. sinne, quatenus sinne, and as it deserves eternall punishment, is properly committed against none but God, whose Law and prohibition only makes it sinne; therefore in this regard, David now confessing his sinne to God himselfe, useth this expression and rhetoricall ingemination, Against thee, thee only have I sinned. 4. Because none was free from sinne, and so fit to be his Judge in that respect but God onelyonly. 5. Only, is many times taken for principally or especially; as we usually say, such a one is the onelyonly man; iiRom. 2. 12. 14. 15. c. 3. 20. …. 5. 13. c. 7. 7. 1 Cer. 15. 56. 1 Ioh. 3. 4.Rom 2:12Rom 2:14Rom 2:151 John 3:4such a salve or medicine, is the onelyonly remedy; and the Scripture useth this phrase in this sence in Davids owne ease, 1 King 15. 7. David did that which was right in the eyes of the Lord, and turned not aside from any thing that he commanded him all the dayes of his life, save ONELYONLY in the matter of Vriah, that is principally, for he committed divers sins besides,kk2 Sam. 24. 10. to 20.2 Sam 24:10–20 as in numbring the people, in giving Mephibosheths land to Ziba upon a false suggestion, llSam. 16. & 19. 28, 29.himselfe confessingmmPsal. 40. 12. Psal. 38. 3, 4.Ps 40:12Ps 38:3Ps 38:4 that his iniquities were gone over his head, and his …innes more then the haires of his head: but yet this was his ONLY, to wit, his principall sinne: so in divers others Texts, onelyonly is used for principally; as Iosh. 1. 7. 18. OnelyOnly be thou strong; 1 Sam. 18. 17. OnelyOnly be thou valiant: So here, against thee, thee …ly have I sinned; that is, I have principally sinned against thee alone, not excluding his sinne against himselfe, Vriah, and others, whom he injured thereby. 6. This sinne againstnnSee De lure Magistratus in subditos. p. 301, 302. Vriah was but a personall and private injury, into which David fell out of humane frailty, it was the first and onelyonly p. 147sin of this kinde that ever he committed, for ought we read; he made no trade of it, he repented for it, and never relapsed again into it: in this regard therefore these Fathers interpretations may be Orthodox, that for such a private sin of infirmitie onelyonly, David was not responsible nor punishable by the Congregation or Sanhedrin: But had he made a common trade of murthering his subjects, ravishing their wives, and the like; or giving himselfe over to the open practice of grosse Idolatry, (a sin onelyonly against God himself) and not repented of, or humbled himself solemnly for it, as he did for these sins here, no doubt the Congregation or Sanhedrin might upon complaint, have questioned, reprehended, and censured him for it, as the premises plentifully manifest, notwithstanding the priviledge of his regalitie, which, as it exempted him not from the guilt, so not from the punishment due unto such Crimes, whether temporall or eternall: not from the ooIsay 30. 33. Rom. 6. 15. 16.Isa 30:33Rom 6:15Rom 6:16eternall, which is the greatest, that is certain, therefore not from the temporall, which is the lesse. Finally, God himself threatens, thatpp2 Sam. 7. 14 Psa. 89. …0, 31, 32.2 Sam 7:14Ps 89 If Solomon or any Kings of Davids Seed should forsake his Law, and not keep his Commandments, but commit iniquity against him, he would chasten them with the Rod of Men, and the Stripes of the Children of Men; whence theqqHugo Grotius de lure Belli & paci…. 1. c. 3 sect. 20; p. 64. Rabbins write, That if their Kings transgressed against the Law of the King, they were and might be scourged for it, without dishonour, by a man whom themselves made choice of: Therefore they might be justly censured and punished by men for their transgressions against God alone, notwithstanding this glosse of these Fathers, true only in som sence in private cases, and sins of infirmity against private men, not of publike habituall transgressions.

The second Objection, Object.is that Speech of Samuel to the people, 1 Sam. 8. 11. to 19. This will be the manner of the King that shall reign over you; He will take your sons and daughters, and appoint them for himself, &c. And he will take your fields, and your Vineyards, and your Oliveyards, even the best of them, and give them to his servants. And he will take the tenth of your seed, and of your Vineyards, and give to his servants: And he will take your manservants, your maidservants, your goodliest young men and your Asses, and put them to his service; he will take the tenth of your sheep, and ye shall be his servants; And ye shall crie out in that day, because of the King whom yee have chosen you, and the Lord will not hear you in that day. Therefore their Kings were absolute Monarchs, not bound to Laws, nor responsible to their subiects for their oppressions, not yet resistible by them.

To which I answer, that this is a direct description of a Tyrant, and not of a lawfull King; as is evident,

First,Answ. 1. by the very occasion of the words; Vttered purposely by Samuel to disswade the People from electing a King, & changing their former Aristocraticall Government, into a Monarchicall; because their kings would many of them prove more oppressive, Tyrannicall and burthensome to them then their Iudges or his sons were, whose bribery and perverting of judgment, moved the people thus earnestly to affect a change of Government, as is evident by the 1, 2, 3, 4, 5, 6, and 9 Verses;ssAntiqu. Iud. l 6. c. 4. Iosephus, and the consent of all Expositors.

Secondly, by the introduction to, and the words themselvs, This will be the maner of 2the King that shall reign over you, He will take, and he will do thus and thus; not this ought to be the manner, he ought to do, or lawfully may do thus and thus.

Thirdly, by the things themselves which he would do, which are directly contrary to Deuter. 17. 14. to the end; and all other Scriptures, expresly enjoyning Kings p. 148tt2 Sam 23. 3 P s. 67. 4. Pro. 31 9. Isay. 32. 1. 2. Chron 9. 8.2 Sam 23:3Prov 31:9Isa 32:12 Chr 9:8to judge their people righteously, to do justice and judgement, and not any wayes to oppresse or spoyle them. I shall instance onelyonly in two particulars.

First, the law of Gods expresly prohibits vvExod. 20. 17. Deut. 5. 21.Exod 20:17Deut 5:21all men (and Kings as well as others) to covet their neighbours Houses, his menservants, his maidservants, his Oxe, or his Asse, or any thing that is his Neighbours: If their Kings then might not lawfully so much as desire or covet, much lesse might they lawfully take away their Houses, Sonnes, Daughters, Manservants, Maidservants, Asses, Sheep, Corn, Vineyards, or any thing else that was theirs, without their free consents, as Samuel tells them their King would do; this therefore must need▪ be onelyonly a declaration of what their Kings would Tyrannically do, not of what they might lawfully or justly execute.

Secondly, it is Gods expresse Edict, Ezek. 46. 18. The Prince shall not take the Peoples inheritance by oppression, to thrust them out of their possessions, but he shall give his Sons inheritance out of his own possession, that my people be not scattered every one from his possession. And Ezek 45. 8, 9. The Land shall be the Princes possession in Israel, and my Princes shall no more oppresse my people, and the rest of the Land shall they give to the house of Israel according to their Tribes: Thus saith the Lord God, Let it suffice you, O Princes of Israel; remove violence and spoile, and execute judgement and justice; take away your exactions (or expulsions) from my people, saith the Lord. Whence xx1 King. 21. 2 to …5.1 Kgs 21:2–5Ahab King of Israel for coveting, and unjustly deprivi…g Naboth of his Vineyard, which he refused to sell him, because it was the inheritance of his Fathers, and taking possession thereof after his unjust condemnation, had a most severe judgement d…nounced against him, even the utter extirpation of himself, Q. Iezabel, and their posterity, afterwards executed: Which punishment God would never have inflicted on them, had it been lawfull for the Kings of Israel to take the peoples Fields, Vineyards, Oliveyards, &c. and possesse or give them to their servants, as Samuel here tels them their K…ngs will do: This clause then of taking their Field, Vineyards, &c. from them, by the King, without their consents, being thus d…ametrally contrary to these Texts of Ezekiel, and such a capitall Crime in King Ahab, (yea, contrary to the practise of Ioseph, and the Aegyptian Heathen King Pharaoh, who took not away, but bought the Aegyptians Cattell and Lands for Corne, Gen. 47. 14. to 27.) can to wayes, be warranted as a just royall prerogative lawfull for their Kings to use, but must needs be branded for a Tyrannicall Oppression.

Fourthly, this is evident by the consequences of it, Ye shall be his servants, (not subjects;) And ye shall crie in that day because of your King which ye have chosen you, and the Lord will not hear you in that day, Verse 17, 18. Certainly the people neither would not ought to crie to god against the proceedings of a just upright King, but onelyonly of a Tyrant and Oppressour; therefore this Text must needs be meant of such a one, who should be a scourge and punishment to them, as Tyrants are, not a blessing as good Kings alwayes be.

Fifthly, consult we with all Polititians whatsoever, this description suites onelyonly with a Tyrant, not with any lawfull King: and that it is meant of such a one, we have the testimony ofyyAntiqu. Iud. l. 6. c. 4. 5. Iosephus, the generall concurring suffrage of all Commentators and Expositors one the place (see Lyra, Hugo de Sancto Victore, Carthusian, Angelomus Lexoviensis, Calvin, Brentius, Bugenhagius, Beda, Bertorius, Martin Borrhaeus, Peter Martyr, Zanchius, Piscator, Serrarius, Strigelius, Doctor Willet, Deodate▪ the English Bibles notes, with others) and of sundry who descant on this Text in other p. 149writings; by name, of M. Iohn Calvin, Instit. l. 4. c. 20. sect. 26. Bishop Ponet his Politicall Government. p. 44. Iunius Brutus Vindiciae contra Tyrannos, qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De Iure Magistratus in Subditos, p, 270. 271. Bucholceri Chronichon. p. 208. Petrus Cunaeus, de Repub. Hebraeor. l. 1. c. 14. Bertrami, Politia Iud…ic. p. 53. Shickardus jus Regium Iudae. p. 64. Albericus Gentilis de jure Belli, l. 3. c. 15. p. 613. Hugo Grotius de jure Belli & Pacis, l. 1. c. 3. Adnotata. p. 72. Governado Christiano, p. 87. Georgius Bucananus de jure Regni apud Scotos, p. 44. Dole…-man, p. 68. 70. Haenon. disp▪ polit. p 432. Weemse 2. Vol. 2. Part. p. 14. Hotomani, Franco-Gallia, c. 10. Amesius de Casibus Conscienciae, p. 306. and (to name no more in so plain a case) of Doctor Ferne himself, in his Resolving of Conscience, sect. 2. p. 10. where hee writes, That Samuel here tels the people, how they should be oppressed under Kings; yet all that violence and injustice done unto them, is no cause of resistance, &c. This Text then being cleerly meant of their Kings Oppression, violence, injustice against Law, right, and a clear descript on of a Tyrant, not a King; I may safely conclude from all the premises, that even among the Israelites, and Iews themselves, their Kings were subj…ct to the Lawes, and that the whole Congregation, Kingdom, Senate, Sanhedrin, not their Kings, were the Supreme Soveraign power, and Paramount their Kings themselves, whom they did thus freely elect, constitute, and might in some cases justly censure, resist, depose, (if not put to death) by common consent, for notorious grosse Idolatries and publike multiplied crimes, as the forecited authors averre. All which considered, eternally refu…es, subverts, confonnds the erronious false Positions and Paradoxes which Doctor Ferne, Griffith Williams Bishop of Ossery, the Authour of The necessitie of Subjection, with other late ignorant Pamphletters, have broached to the contrary, without either ground or presidents to warrant what they affirm, touching the absolute Soveraignty, Monarchy, irresistibilitie, incorrigibility of the Kings of Iudah and Israel by their whole States, Congregations, Kingdoms generall assents, and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Soveraign Power of Parliaments, Kingdoms, and the illegality of Subjects taking up defensive Arms against Tyrannicall Princes, bent to subvert Religion, Laws, Liberties, the Republike, are founded; which must now needs vanish into nothing, before this Catholike, irrefragable clear-shining verity, abundantly ratifyed by innumerable presidents in all eminent Kingdoms, States, Nations, that either have been in any former ages, or are yet extant in the world; which must and will infinitely over-sway, swallow up the inconsiderable contrary opinions of some few privadoes, who (either out of flattery, hopes of getting, or keeping undemerited preferments, fear of displeasing greatnesse, or inconsiderate following of other reputed learned mens mistakes, without due examination of their erronious Tenents) have engaged themselves in a Polemicall blinde Combate against these infragable transparent Verities; whose defence I have here made good against all their misprisions, and bootlesse assaults.

Having now Historically ran over the most eminent Empires, Kingdoms of ancient and present times, in a kinde of confused method, their copious vastnesse and varietie being so boundlesse, and my time to collect them so small, that I could hardly marshall them into any comely d…stinct Regiments, or reduce them to the particular Heads debated in the premises; I shall therefore for a conclusion deduce these distinct Conclusions from them, to which the substance of all the recited Histories may be aptly p. 150reduced, and are in truth abundantly confirmed by them beyond all contradiction, annexing, some new punctuall Authorities of note, to ratifie and confirme them.

First,Observ. 1. it is undeniably evident from all the premises, That all Monarchies, Empires, Kingdoms, Emperours, Kings, Princes in the world, were originally created, instituted, ordained, continued, limited, and received all their jurisdiction, power, Authoritie both from, by, and for the people, whose Creatures, Ministers, Servants they are, and ought to be. If we survey all the severall Lawfull Monarchies, Empires, Principalities, Emperours, and Kings, that either have been, or yet are extant in the world; we finde all sacred and prophane Histories concurre in this, that they had their originall erections, creations from, by, and for the People; Yea, we read the very times when, the most Monarchies of note were instituted, the Names of those on whom the first Monarchies were conferred, (by the peoples free election onelyonly) yet extant on record in most Histories, and withall expresse relations, of many different kinds of Kingdoms, Kings, in respect of succession, continuance, Power, jurisdiction, scarce any two kingdoms, or their Kings, being alike in all things in regard of Prerogatives & jurisdictions; all Histories & Polititians concurring, resolving with… P▪. 2, 13. Peter, that Kings are humane Creatures or Ordinances, instituted, diversified thus by men, and the people alone, out of Gods generall or speciall providence, not one of them all being immediately or directly ordained by God, as the onelyonly efficient cause, without the free concurrence, consent and institution of the people. This truth, is not onelyonly ratified by Lex Regia, whereby the Roman Emperours were created, yea, invested with all their power; registred by Iustus Eccardus de Lege Regia, & Marius Salamonius de Principatu, l. 6.aaPart. 3. p. 110, 111. formerly transcribed; by Plato, Aristotle, Xenophon, Berosus, Polybius, Cicero, Livy, Iustin, Plinie, Strabo, Plutarch, Dionysius Hallicarnassaeus, Diodorus Siculus, Pausanias, Solinus, Alexander ab Alexandro, Hermannus Schedell, Herodotus, Boëmus, Pomponius Mela; forecited, and generally by all Historians, Chronologers, Antiquaries, Lawyers, Politians whatsoever; but directly averred and proved by Franciscus Hotomanus (a famous Lawyer) in his Franco-Gallia, c. 1. 6. 10, 13. the Author of De Iure Magistratus in subditos, Quaest. 5. p. 239. 240, &c. Thomas Garzonius Emporij Emporiorum, Pars, 1. Discursus 1. de Dom. p. 13. Vasquius Controvers. Illustrium, 12. n. 133. 59. n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius, Quaest. Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Iure Belli, l. 1. c. 4. sect. 7. l. 3. c. 14. sect. 11. and elsewhere; Marius Salamonius de Principatu; Eccardus de lege Regia, with others cited by them: Hookers Ecclesiasticall Polity. l. 1. sect. 10. p. 69, 70, 71. (a pregnant place) Albericus Gentilis de Iure Belli, l. 2. c. 10. 15. Ioannes Marianade Rege & Regum Instit. l. 1. c. 1. to 10. Sparsim, & Iunius Brutus, Vindiciae contra Tyrannos, Quaest. 3. p. 83. to 94. with whose words I shall close up this observation, (having bbPart 3. p. …15, to 122.elsewhere particularly proved the verity thereof, and answered all Obiections against it from misinterpreted Scriptures:)

We say now (writes he) that the people constitute Kings, deliver Kingdoms, approve Kings elections, with their suffrages; which God would have to be thus, that so whatsoever authority and power they should have, they should, next to him, referre it to the people, and therefore should bestow all their care, thoughts, industrie for the people profit; neither verily should they think themselves advanced above other men for their excellency of nature, no otherwise then men are over Heards and Flocks, but should remember, that being born in the same condition with p. 151others, they were lifted up from the ground unto that condition by the suffrages, as it were, by the Shoulders of the people, upon whose Shoulders the burthen of the Common-weale should for a great part rest. After which he proves by Deut. 17. and divers forecited presidents in Scripture, that God gave the Election and Constitution of the kings of Israel to the people; and that notwithstanding the succession of the kingdom of Iudah was by God entailed afterwards to the Linage of David, yet the Kings thereof actually reigned not before they were ordained by the people. Whence we may conclude, that the Kingdom of Israel, if we respect the stock, was certainly hereditary, but if we regard the persons, altogether elective. But to what end was this, if the Election appear, as it is confessed, but that the remembrance of so great a dignitie conferred by the people, should make them alwayes mindefull of their duty: So likewise among the Heathens we read, that Kings were constituted by the people; for when they had wars abroad, or contention at home, some one man, of whose fortitude and justice the multitude had a great opinion, was by cammon consent assumed for King. And among theccHerod. l. 1. Cicero, l. 1. Offic▪ Medes, saith Cicero, Deioces was of an Arbitrator made a Iugde, of a Iudge created a King; and among the Romanes the first Kings were elected. Therefore when Romulus being taken away, the Inter-regnum of the hundred Senators was displeasing to the Romans, they accorded,ddLivius, l. 1. that afwards Kings should be chosen by the Suffrages of the people, the Senate approving it: And Tarquin the proud was therefore reputed a Tyrant, for that being created neither by the people nor Senate, he held the Empire onelyonly by force and power: Wherefore Caesar although he invaded the Empire by force, yet that he might cosen the people at least with some p…etext of Law, would seem to have received the Empire from the Senate and people: But Augustus although he was adopted by Caesar, yet he never bare himselfe as heire of the Empire, by divise; but rather received it as from the Senate and people; as did also Caligula, Tiberius, Claudius; whereas Nero, who first invaded the Empire by force and wickednesse without any colour of Law, was condemned by the Senate. Since then no man could be born an absolute King, no man can be a King by himselfe, no man can reigne without the people: Whereas on the contrary, the people may both be, and are by themselvs, and are in time before a King; it most certainly appears, that all Kings were first constituted by the people. Now albeit that from the time that Sons or Nephews imitated the vertues of their parents, they seem to have made kingdomes as it were hereditary to themselves in certain Countries, where the free power of Election may seem in some sort to have ceased, yet that custome hath continued in all well constituted kingdomes, that the children of the deceased kings should not succeed untill they were as de n…no, newly constituted by the people, nor should not be acknowledged as heir…s to their Fathers, but should onelyonly then at length be reputed kings, when they had as it were received investiture of the Realme from those who represent the Majesty of the people, by a Scepter and Diadem. In Christian kingdomes which at this day are said to be conferd by succession, there are extant most evident footsteps of this thing. For the kings of France, Spain, **See here, par. 1 p. 53. to 78.England, and others are wont to be inaugurated, and as it were put into possession of the Realm by the States, Senators, Nobles and great men of the Realm, who represent the universality of the people, in the same manner as the Emperours of Germany are by the Electors, and the kings of Poland by the Vayuods or Palatines, where the intire right is onelyonly by election, neither p. 152is royall Honour yeelded to them in the Cities of the kingdomes, before they have been duly inaugurated: Neither also heretofore did they compute the time of the reigne, but from the day of the inauguration, which computation was accurately observed in France: And that we may not be deceived by reason of any continued stories of succession; even in those very kingdoms, the States of the Realme have oft times preferred a kinsman before a sonne, the second sonne before the eldest; as in France, eeAnalas Gilly.Lewis, the brother, before Robert Earl of Dreux; also Henry, the second brother, before Robert Capet the Nephew, with others elsewhere: Yea, and the same kingdome by Authority of the People, hath been translated from one Nation and Family to another, whiles there were lawfull heires extant; from the Merouingi to the Carlingi, from the Carlingi to the Capets; which hath been likewise done in other Realms, as it sufficiently appears out of the truest Histories. And that we may not recede from the kingdome of France, which hath ever been reputed the pattern of the rest, in which, I say, succession seemes to have obtained greatest strength: We read that Pharamond was elected, Anno 419. Pipen, An. 751. Pipens sonnes, Charles the great and Charlemain 768. not having respect of the Father; Charlemain being at last taken away 771. the Brothers part did not immediatly accrue to Charls the Great, as is usually done in inheritances, but by the determination of the people and publike Councell: and by them Ludovicus pius was elected, An. 812▪ although he were the sonne of Charles the great. Yea, in the very Testament o… Charles, which is extant in Nauclerus, he Intreats the People by the Common Councell of the Realm to elect one of his nephews whō they pleased; as for hi, Vncles he bids thē rest satisfied with the Decréc of the people. Whence Charles the bald, Nephew by Lewis the godly and Iudith, professeth himselfe An elected King in Aimoinius the Historiographer. In summe, all kings whatsoever, from the beginning were Elective; and those who at this day strive to come to the kingdome by succession, must of necessity be First ordained by the people. Finally, albeit the people by reason of certain egregious merits, hath in certain Realmes used to chuse kings out of the same stock, yet they chuse the stock it self, nor the branch; neither do they so chuse it, but if it degenerates, They may elect another: But even those who are neerest of that stock, are not so much born, as made kings; are not so much accounted kings as the Attendants of kings; which Franciscus Hotomanus in his Franco-Gallia, cap. 6. 7. & 10. prosecutes more at large, and manifests by sundry pertinent Presidents and Authorities.

Observe. 2.Secondly, that it is apparant by all the premised Histories; That in all Empires, Monarchies, the whole Empire, State, Kingdome, with the Parliaments, Senates, States, Diets, publike Officers and generall Assemblies which represent them, are the Supreamest Soveraign power, superiour to the Emperours, Kings and Princes themselves; who are subordinate Ministers and servants to them, elected, created by them for their common good; and not absolute Soveraign Lords or Proprietors to rule & domineer over them at their pleasure: Which conclusion you shall find abundantly ratified, and pro…essedly maintained by Marius Salamonius, de Principatu, in six severall Books; by Iohn Mariana, de Rege & Regis Instit. t. 1 c. 8. Stephanus Iunius Brutus, his Vindicia contra Tyrannos, throughout, especially p. 91. to 110. the Treatise, De Iure Magistratus in Subditos, throughout: Iustus Eccardus, de Lege Regia: Henricus Ranz…vius; Commentarii Bellici, lib. 1. c. 3. and elsewhere: Georgius Obrechtus p. 153(an eminent Civill Lawyer) Disputationes Iuridicae, de Principiis Belli, sect. 115. to 200. where he thus resolves, ffNum. 127▪ 128, 129.The inferiour Magistrates, as in Germany the Electors, Princes, Earles, Imperiall Cities; in France the Peers of France, in Poland the Vayuodes or Palatines, and in other Kingdomes the Nobles, Senators, and Delegates of the Estates, as they are severally inferiour to the Emperour or King, Ita Univers… Superiores existunt, so collectively They are superiour to them; as a Generall Councell is above the Pope, the Chapter above the Bishop, the Vniversity above the Chancellor; The Prince, saithggPeneg. Tr… ian di…tus▪ Pliny the second, even the greatest, is obliged to the Commonwealth by an Oath, as its servant, ac ipsa Republica seu Regno Minor est, and is lesse then the Republike or Kingdome it selfe:) by Franciscus Hotomanus a learned French Lawyer, in his Franco-Gallia, c. 6, 7. 10, 11. 14, 15, 16, 18, 20. Aquinas, de Regimine Principum, c. 6. by Hemingius Arnisaeus, De Auctoritate Principum in populum, &c. and De Iure Majestatis, Sebastianus Foxius, De Regni Regisque Institutione; Vasquius Controvers. Illustrium passim, Cavarnuius Contr. Illustr. T. 2. 505. n. I. 399. n. 6. Haenon Disp. Polit. p. 179. &c. Alhusius Polit. c. 4. p. 146. to 154. with Iohn Calvin Instit. l. 4. c. 20. sect. 31. and **Barclay l. 3… adver. Monarc… c. 8. l. 6. c. 23. 24. quoted by Grotius.divers others forecited: Heare hhVindi…iae Contr. Tyrann… printed 1589. Quaest. 3. p. 9. 91▪ to 111.Iunius Brutus instead of all the rest to this particular, being a Frenchman by birth, and writing his mind herein both freely, accutely and ingeniously, in these words:

Now verily, since Kings are constituted by the people, it seems necessarily to follow, populum universum Rege potiorem esse, That all the people are better and greater then the King. For such is the force of the word, that whoever is constituted by another, is reputed lesse then him; he who receiveth authority from another, is inferiour to his Author.iiGen. 39. 4.Gen 39:4 Potipher the Aegyptian appointed Ioseph over his family; kkDan. 2. 48.Dan 2:48Nebuchadonozer set Daniel over the Province of Babylon; llDan 6. 1.Dan 6:1Darius set an hundred and twenty Princes over the Kingdome. Verily Masters are said to appoint servants; Kings Ministers; so likewise the people appoints the King, as the Minister of the Commonweale; which title good Kings have not contemned, and ill Kings have affected, so that …or some ages, none of the Roman Emperours, but an apparant Tyrant, such as Nero, Domitian, Caligula, would be called LORD. Moreover it appeares, that Kings were instituted for the peoples sake; neither wilt thou say, that for an hundred Homunci…es more or lesse, (for the most part far worse then the rest) all inferiours whatsoever were created, rather then they for them. Now reason requires, that he for whose sake another exists, is to be accounted lesser then he. Thus the Governour of a Ship is instituted by the owner for the Shippes sake, who sits at the Helme, lest the Ship should be broken on the Rocks, or ill hold her course. And verily whiles he intends this businesse, the other Mariners serve him, and the owner himselfe obeyes him; and yet he is a servant of the Ship, as well as any mariner, neither differs he from a mariner in gender, but in kind: In the Republike, which is usually compared to a Ship, the King is in place of a Master, the people of an Owner: Threfore to him seeking the publike safety, the people obey and submit; when notwithstanding he is, and ought no lesse to be accounted a servant to the Republike, as well as any Judge or Captain, neither differs he from those in any thing, but that he is bound to beare greater burthens, and undergoe more dangers: Wherfore verily what things soever the King acquires in warre, or when he gaineth adjoyning Coasts by right of warre or by sentence of Law, as those things p. 154which are brought into the Eschequer, he acquires to the Kingdom not to himselfe; to the people, I say, which constitute the kingdome, no otherwise then as a servant (purchaseth) to his Lord; neither can any obligation be contracted with him, but by their authority. Furthermore, innumerable people live without a king, but thou canst not conceive a King without a people, so much as in thy mind. Neither have some attained a Royall Dignity because they differed in kind from other men, and ought to rule over others by a certain excellency of nature, as shepheards doe over their Flo…ks; but rather, the people created out of the same Masse, have advanced them to that degree, that so if they enjoyed any authority, any power, they should acknowledge it received from them, and possesse it as during their pleasure; which the ancient custome of the French aptly sheweth, who**Hotomani Franco-Gallia, c. 6. lifting their King up on a Buckler, proclaimed him King. For why, I pray, are Kings said to have innumerable eyes, many eares, long hands, most swift feet? what, because they are like to Argus, Gerion, Midas, or to those whom fables have feined? verily no, but indeed because all the people whom it concerns, lend all their eies, their ears, their hands, feet, and faculties to the king for the use of the Republike. Let the people recede from the King, he who even now seemed eyed, eared, strong and flourishing; will suddenly wax blind, deafe, and fall to nothing; he who erewhile did magnificently triumph, will in one moment become vile to all: he who even now was adored almost with divine honours, will be compelled to play the Schoolmaster at Corinth: Over-turn only the basis of this Giant-like heape, and like the Rhodian Colossus, it will of necessity fall, and be broken into pieces. Since therefore a King exists by and for the people, and cannot consist without the people; to whom may it seem strange if we conclude, That the People are greater then the King.

Moreover, what we say of all the People, we will have spoken also, as in the second Question, of those also who lawfully represent all the people in every kingdome or City, who verily are commonly reputed the Officers of the Kingdome, not King. The Officers of the K…ng, are created or discharged by the King at his pleasure; Moreover, when he dyeth they are out of place, and are in some …ort accounted dead men. Contrarily, the Officers of the kingdome, receive their a… thority from the people, to wit, In a publike Councell, or at least, Heretofore were w…nt to receive it, neither can they be cashéered without the same. Therefore those depend on the King, these on the kingdome: they, from the Supreme Officer of the kingdome, who is the king himselfe; these, From the Supream Dominion of the People, from whom the king himselfe, as well as they, ought to depend. Their Office is, to take care of the king: these mens duty, to take heed that the Commonwealth receiue no detriment any where: Theirs to be present and serue the King, as any domestick servants doe their Masters; these mens, to defend the rights and priuiledges of the people, and diligently to prouide, that the Prince himselfe commit, or omit nothing to their destruction. Finally, those are the Kings seruants, Ministers, domesticks, instituted only to obey him; these contrarily, are as the kings Assessors in judging according to Law and Consorts of the Royal Empire; so as all these are bound to gouern the Commonweal, no otherwise then the king is; yet he, as a president among them, may onelyonly hold the first place. Now as All the People are superiour to the King; so euen these, although single, every of them be inferiour to the King, yet All of them are to be deemed superiour to him. How great the power of the first p. 155kings was, appeares sufficiently from this; that Ephron king of the Hittites, durst not grant the right of a sepulcher to Abraham without the peoples consent;mmGen. 23. and 34.Gen 23 nor Hamor the Hiuite king of Sechem, make a league with Iacob, the more weighty affaires being usually referred to the people. And ve…ily in those kingdomes, which at that time were circumscribed almost with one City, this was easie: But from that time kings began to inlarge their Territories, neither could all the people assemble in one place without confusion, Officers of the kingdome were appointed, who should ordinarily defend their rights; yet so, as when there should be need, either all the people, or at least a certain Epitome of them should be extraordinarily assembled. Wee see this order to have been in the kingdome of Israel, which by the judgement almost of all polititians, was best of all constituted. The king had his Bakers, Butlers, Cham…berlaines, Masters and Stewards of his House, who overlooked his Family; the kingdom had likewise its Officers, 71. Elders and Captains chosen out of every tribe, who might take care of the Republike in time either of peace or warre: and finally its Magistrates in every Town, who were every one to defend their Rites, as the others the whole kingdome (which he proves to be above their kings, and to over-rule them, in the**Har. p. 143… 144. forecited passage.) Such were the 7.nnEsther 1.Esth 1 Magi, or wise men in the Persian Empire, being as it were Consorts of the Royall Honor, and who were called the kings eyes and eares, with whose judgement we read the kings rested satisfied: Such were the Ephori in the Spartan Realm, to whom they appealed from the king, and who did likewise judge the kings themselves; as it is in Aristotle; In the Aegyptian kingdome the publike Ministers were elected and assigned to the king by the people, onelyonly to this end, that he should commit nothing against the Lawes. Now asooArist. P…li…. l. 5. c. 11. & 6. 3. c. 7. Aristotle every where calls those lawfull kings, to whom such Officers are adioyned, so likewise he feares not to say, where they are wanting, that there is not a Monarchy, but either pla…ly a barbarous tyrannie, or a domination next to Tyrannie. In the Roman State the Senators obtained this place, and the Magistrates ufually chosen by the people, the Tribune of the Consuls, the president of the City, and the rest, so as there lay an appeale from the king to the people, which Seneca cites out of Tullies Book of the Republike, and the History of Horatius Tergeminus, condemned by the Royall Iudges for the murder of his sister, and absolved by the people, sufficiently evidenceth: But under the Emperours, the Senate, Consuls, Pretors, Pretorian Perfects, Presidents of Provinces, which were given to the people and Senate, were therefore all called the Magistrates of the people of Rome. Therefore when as by the Decree of the Senate, Maximinus the Emperour was iudged an enemy of the Republike,ppHerodian. l. 8. in Orat Maximi & Albi… a…l Milites. and Mazimus and Albinus were created Emperors by the Senate against him, the Souldiers took an oath, that they would Fathfully obey the people of Rome, the Senate & Emperor, howsoever this law might be violated under tyranny. As for the Empires at this day (as the Turkish & Muscovitish, and others of this kind, which are rather great Robberies, then Empires) there is not one of them, which if not at this time, was not at least in times past governed in this manner. But if it be come to passe through the Magistrats fault and sloathfulnes, that in some places posterity have received a worser Common weal, notwithstanding those who at this day possesse these Offices, are bound as much as in them is, to revoke all things to their ancient state. In the German Empire which is conferred by election, there are Princes, and Electors, as well Laicks as Ecclesiasticks, Earles, Barons, Cities, Embassadors of Cities, who as they have the care of the Commonweale in their severall p. 156places, so likewise in generall Assemblies (or diets) whenthere is needs, they represent the Majesty of the whole Empire, where they are bound to care, that the Republike sustain no detriment by the private endeavours or hatreds of the Emperour. Therefore there is one Chancellour of the Empire, another of the Emperour; other and different Officers besides, both of the one, and other: divers Exchequers, divers Treasurers; and therfore it is a cōmon saying, that the Empire is preferred before the Emperor, so as qqSp…ulum Saxonicum.the Emperor may be every where said to do homage to the Empire. Likewise in the Realm of Poland, the Bishops, Palatines, Castellans, Nobles, Deputies of Cities and Counties are extraordinarily assembled; in whose assembly onelyonly new constitutions are made, and wars decréed. But ordinarily the councellers of the Realm of Poland, the Chancellor of the Polish Repub. &c. although the King in the mean time hath his own Chamberlains, Stewards, Ministers & Domesticks. But he who will dispute among the Polonians, whether the King or the whole people of the Kingdom, represented by the Estates of the Realm, be greater? doth just like him who should dispute at Venice, whether the Duke or the Republike were the superior? But what shal we say of those kingdomes which are wont to be carried by succession? Verily the thing is no otherwise there. The Realm of France, which not long since was preferred before the rest both for the excellency of Laws and Orders, was thus constituted in times past; and although those who hold that place do not sufficiently discharge their duty, yet they are not thereby the lesse obliged to do it: The king verily hath his great Master, or Arch-Steward, his Chamberlains, Hunters, Gua…d, Butlers, and the rest, whose Offices heretofore did so depend on the King that he dying, themselves seemed also to die in their Office; so that even yet, after the end of the mourning royall, the great Master or Arch-Steward, is wont to pronounce certain conceived words, wherewith he dismisseth the royall family, and bids every one provide for himself: Yet notwithstanding the Kingdom ofrrA…monius, l. 5. c. 6. in Ca…olo Caluo. S…e Holomani Franco gallia, …. 5, 6, …0. &c. France hath its Officers, the master of the Palace, who afterwards was stiled the Earl of the Stable, the Marshals, Admirall, Chancellour, or great Referendary, Secretaries, Treasurers, and Officers, who verily heretofore WERE NOT CREATED, BUT IN THE GREAT PUBLIKE COVNCELL of the three Orders of the Clergie, Nobilitie and people; but since the standing Parliament was ordained at Paris, they are not thought setled in their Offices, before they be received and approved by the Senate of Paris, ssP. …il…us. sam. Inst quibus …mod. in Patriae …ot solvitur.neither can they be casheer'd without their consent and authority: Now all these, first plight their faith TO THE KINGDOM, that i…, to all the people, after that to the King, as the Guardian thereof; which is perspicuous even from the very form of the Oath. But especially the Earl of the Stable, when he is girded by the King with the Liliated sword (as appears by the words which he pronounceth,) is girded to that purpose, THAT HE MAY DEFEND AND PROTECT THE REPVBLIKE. Moreover the Realm of France hath its Peers, as Consuls of the King, or its Senators, as the Fathers of the Republike, every of them denominated from the severall Provinces of the Kingdome, to whom the King, being to bee crowned, is wont to plight his faith, as to the whole Kingdome: from whence it appeares, THAT THEY ARE SVPERIOR TO THE KING: These again likewise wear, that they will defend, not the King, BVT THE ROYALL CROWN; that they will assist THE REPVBLIKE with their councell, and that for this end, they will be present in the sacred Councell of the Prince in time of Peace or Warre, as manifestly appears out of the formulary of the Peership: Therefore by the Law ofttReuatus, …happinus. Lombardy, in giving sentences, they did not p. 157onelyonly sit with the Lord of the Fee as Peers, but likewise heard the Causes oft times between the Superiour Lord and his Vassall. We likewise see these Senators of France to have oft times judged between the King and Subjects, so that when Charles the 6. would have pronounced sentence against the Duke of Britain, they withstood him, and said, THAT THE IVDGEMENT WAS NOT THE KINGS, BVT PEERS, FROM WHOSE AVTHORITY HE COVLD DEROGATE NOTHING. Hence even at this day the Parliament at Paris, which is called the Court of Peers or Senators, is in some sort constituted a Iudge between the King and People, yea, between the King and every private man, and is bound, as with an obligation to right every one against the King Procurers, if he invades any thing against Law; Besides, if the King determines any thing, or makes any Edict at home, if he make any compact with neighbour Princes, if any Warre be to be waged, if any Peace be to be made, as of late with Charles the fifth, The Parliament ought to approve, and bée Authour of it, and all things which appertain to the Common-wealth, ought to be registred among its acts; which verily are not ratified, untill they shall be approved by it. Now that the Senators might not fear the King, heretofore none could be preferred into that Order, but such who were nominated by the Senate, neither could they Lawfully be removed, but by its Authority, for a lawfull cause.