The Sovereign Power of Parliaments Part 4, Appendix · Part 8 (2 of 4)
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 cThe 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 theſe things 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 lew dAntiqu. Iud. l. 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, And to doe nothing without the advice of the High-Prieſt and Senate; and that if he multiplyed horſes, and mony more then was fitting They might reſ…ſt 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 poteſtatis eſt) as it is an Argument of The Supremeſt power) did both constitute the King: ac de Bello gerendo deque hoſtibus profligandis & de proferendo Imperio del…beraba…t. Sed quoniam haec ejuſmodi erant in quibus ſalus omnium, & ſummae Reipublicae vertebatur, Conſultatum de his plerumque cum populo eſt; indictae enim Comitiae ſunt, in quibus ſolis populus partem aliquam caperet regendae reipublicae, &c. De Rege igi…ur deque Bello, ut dixi, decreta facta interdum Populi auctore ſunt. Caetera omnia Senatores Sanhedrin Per ſe expedivere. 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, dCunaeus de Repub. Heb. 6. 1. c. 9. p. 75. 76. 77▪What the Scepter 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, Quae ipſi Reipublicae aſſidet, which belongs 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 Gloriari 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 equall, would come into the friendſhip 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 …aith, that That is Treaſon▪ which is committed againſt the Roman People, or againſt their ſafety, l. 1. ſ. 1. F. ad Legem Iul. Majeſt. 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 (as our Court Doctors falſely dream) but mixt with an Ariſtocrcie, 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 eExplani… 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 …ad 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 fit 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 fQuaeſt. 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 Proteſtant 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 likewiſe 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, at 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: Thereforeg1 Chro. 29. 1. David called theſe all together when he deſired to in veſt Solomon in the Kingdom, when he deſired the policy reſtored by him ſhould be examined and approved,h1 Chr. 13. 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 ſamei1 Sam. 14. 45 reſcued Ionathan, condemned to death by Sauls ſentence; from whence it appears▪ that 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,k1 Chron. 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 waslNeh. 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.mIer. 26 9. 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 readenIer. 37. & 38 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 … 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. Superantius 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.
Finally,5. 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 Prieſtic 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 keep 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 out 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 Cunaeus andqIun. Bru…us Vindic. Contr. Tyrannos qu. 3. p. 121, 122. Albericus Gentilis de Iure 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 KingrPſ. 1. 1, 2. Pſ. 19. 10. Pſ. 119 throughout. 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; ſ2 Sam. 23. 3.The Gods 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 t1 King. 10. 9. 2. Chron. 9 8.Qu. of Sheeba uſed this ſpeech to king Solomon, Becauſe the Lord loved Iſrael for ever, therefore made be thee King (what? to domineere at his pleaſure? no verily, but) To doe Iudgement and Iuſtice. VponUpon this ground, v2 Chron. 34. 31.King Ioſiah made a covenant before the Lord, to walke after the Lord, And to keep his Commandements, and his teſtimonies and his ſtatutes with all his heart, and with all his ſoul; And Kingx2 Chron. 15. 12. to 17. Ezra 10. 3. &c. Neh. 9. 38. c. 10. 1. to the end. Aſa, with other Princes and Governors did the like, as the premiſes evidence: From all which, yIſay 9. 7. c. 16. 5. c. 32. 2. 2 Sam. 5. 12. Ezek. 45. 8, 9.and infinite other Scriptures, obliging Kings to reign in righteouſneſſe, to doe juſtice and judgement to all, andzIſay …. 23. c. 12. 14, 15. Zeph. 33. Mich. 3. 9. to 12. Ezek. 22. 6. to 28. Iſa. 14. 4. to 23. Object. 1. reprehending them exceedingly for their injuſtice, tyranny, oppreſſions, idolatries, and other ſinnes; it is irrefragable; that their kings were as much, if not more obliged to keep both Gods and the kingdomes Lawes, as the Subjects; and had no arbitrary power to doe what they pleaſed.
All that is, or can be colourably obiected to the contrary, 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 aCom. in Pſ. 50. & Epiſt. ad Ruſticam.Hierom renders this reaſon, Quod Rex erat & alium non timebat: alium non habebat ſuper ſe: which Ambroſe thus ſeconds, Rex erat, Nullis ipſe legibus tenebatur, quia liberi ſunt Reges a vinculis delictorum: Neque enim ullis ad poenam vocantur legibus, Tuti Imperii poteſtate, bIn Pſal. 50.Homini ergo non peccavit, cui non tenebatur obnoxiuscIn Pſal. 50. Arnobius & Caſſidor, adde, De populo ſi quis erraverit, & Deo peccat & Regis quando Rex delinquit,dGrotius 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 Sanhedrin.
To this I anſwer firſt, Anſw.That no doubt, David by his adultry and murther (being ſinnes againſt the ſecond Table) did ſinne not onelyonly againſt God, but e1 Sam. 2. 25. 2 Chron. 6. 22. Deut. 22. 23. 24. Ezek. 18. 6. 7. 11against Ʋriah and his wife too, their children and kinred; yea fProv. 20. 2. 1 Cor. 6. 18.againſt his own ſoule and body, though he were a king; That of Iustus Eccardus, De Lege Regia, being an itrefragable truth, granted by gSee Grotius de Iure Belli, l. 2. 6. 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 Subjects 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 he 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 AuguſtinehIn Pſ. 50. Marlorat. Mollerus, Muſculus, Calvin, Bredenbachus, Brentius Bucunus, Brero, Bugenbag. Fernerius, Haymo, Gualter, Rolloc, Savanoerola, Scultetus, Gilbert Cognatus, Weſthemerus, Zegodinus Wolfg. Seberius in Pſal. 51. and 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 manifeſtum non erat, writes Augustine: 2. Becauſe Vriah being ſlain, and his wife a party conſenting to Davids ſinne, his ſinne now might in this ſence be 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 ſit 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;iRom. 2. 12. 14. 15. c. 3. 20. c. 5. 13. c. 7. 7. 1 Cer. 15. 56. 1 Ioh. 3. 4. ſuch 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, k2 Sam. 24. 10. to 20.for he committed divers ſins beſides, as in numbring the people, in giving Mephiboſheths land to Ziba upon a falſe ſuggestion, himſelfe confeſſing mPſal. 40. 12 Pſal. 38. 3, 4.that his iniquities were gone over his head,lSam. 16. & 19. 28, 29. and his ſinnes 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 only 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 againſt nSee De Iure Magiſtratus in ſu…di…os 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 ſin 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 theoIſay 30. 33. Rom. 6. 15. 16. eternall, which is the greateſt, that is certain, therefore not from the temporall, which is the leſſe. Finally, God himſelf threatens, that p2 Sam. 7. 14 Pſa. 89. 30, 31, 32.If Solomon or any Kings of Davids Seed ſhould forſake his Law, and not keep his Commandments, but commit ini…ity againſt him, he would chaſten them with the Rod of Men, and the Stripes of the Children of Men; whence the qHugo Grotius de Iure Belli & pacisl. 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 Ʋineyards, 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 ſubjects for their oppreſſions, nor 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; Ʋttered 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;ſAntiqu. Iud. l 6. c. 4. Ioſephus, and the conſent of all Expoſitors.
Secondly,2. by the introduction to, and the words themſelvs, This will be the manner of the 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 enjoying Kings t2 Sam 23. 3 Pſ. 67. 4. Pro. 31 9. Iſay. 32. 1. 2 Chron 9. 8.to 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 God expreſly prohibits vExod. 20: 17. Deut. 5. 21.all men (and Kings as well as others) to covet their neighbours Houſe, 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 x1 King. 21. 2 to …5.Ahab King of Iſrael for coveting, and unjuſtly depriving 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 denounced 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 Kings will do: This clauſe then of taking their Fields, Vineyards, &c. from them, by the King, without their conſents, being thus diametrally 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 no 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 ſubject…;) 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 nor 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 ofyAntiqu. 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 writings; 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 Bucanus de jure Regni apud Scotos, p. 44. Dole-man, p. 68 70. Haenon. diſp polit. p 432. Weemſe 2 Ʋol. 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 deſcription 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 ſubject 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 refutes, ſubverts, confounds 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 inconſiderates 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 diſtinct 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, reduced, 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 zPet. 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.aPart. 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 inſubditos, 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 Jure Belli, l. 1. c. 4. ſect. 7. l. 2. 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. 3. c. 10. 15. Ioannes Mariana de 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 bPart 3. p. 115, to 122.elle where 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 peoples 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 others, 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 common conſent aſſumed for King. And among thecHerod. 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,dLivius, 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 pretext 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 nono, newly conſtituted by the people, nor ſhould not be acknowledged as heires 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 Vaynods or Palatines, where the intire right is onelyonly by election, neither, is 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; is in France, eAnalas Cilly.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 Charli 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 of 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 his Vncles he bids thē reſt ſatisfied with the Decrée 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. proſecures more at large, and manifeſts by ſundry pertinent Preſidents and Authorities.
Secondly, Obſerv. 2.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 profeſſedly maintained by Marins Salamonius, de Principatu, in ſix ſeverall Books; by Iohn Mariana, de Rege & Regis Inſtit. l. 1. c. 8. Stephanus Iunius Brutus, his Vindiciae contra Tyrannos, throughout, eſpecially p. 91. to 110. the Treatiſe, De Iure Magiſtratus in Subditos, throughout: Iustus Eccardus, de Lege Regia: Henricus Ranzovius; Commentarii Bellici, lib. 1. c. 3. and elſewhere: Georgius Obrechtus (an eminent Civill Lawyer) Diſputationes Iuridicae, de Principiis Belli, ſect. 115. to 200. where he thus reſolves, fNum. 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 Vniverſt Superiores exiſtunt, ſo collectively They are ſuperiour to them; as a Generall Councell is above the Pope, the Chapter above the Biſhop, the Ʋniverſity above the Chancellor; The Prince, ſaithgPeneg. 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. 1. 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 hVindiciae Contr. Tyranne. 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.iGen. 39. 4. Potipher the Aegyptian appointed Ioſeph over his family, kDan. 2. 48.Nebuchadonozer ſet Daniel over the Province of babylon; lDan 6. 1.Darius 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 for 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 Homuncices 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: Wherefore 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 which 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 Flocks; 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*Hotemani France Gallia, …. 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 King, are created or diſcharged by the King at his pleaſure; Moreover, when he dyeth they are out of place, and are in ſome ſort accounted dead men. Contrarily, the Officers of the kingdome, receive their authority from the people, to wit, In a publike Councell, or at leaſt, Heretofore were wont 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 kings 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;mGen. 23. and 34. nor Hamor the Hiuite king of Sechem, make a league with Iacob, the more weighty affaires being uſually referred to the people. And vetily 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, Chamberlaines, 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 overrule them, in the*Har. p. 143. 144. forecited paſſage.) Such were the 7.nEſther …. 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 asoArist. Polit. 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 plainly a barbarous tyrannie, or a domination next to Tyrannie. In the Roman State the Senators obtained this place, and the Magiſtrates uſually 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,pHerodian. l. 8. in Orat Maximi & Albini … 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 Commonweal, 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 places, ſo likewiſe in generall Aſſemblies (or diets) when there 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 qSpeculum …axonicum.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, Guard, 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 ofrAimenius, l. 5. c. 16. in Carolo Caluo. See H…lomani Franco gall…a, c. 5, 6, 10. &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, ſP. Filius. ſam. Inſt. quibus mod. in P…triae pol. ſolvitur.neither can they be caſheer'd without their conſent and authority: Now all theſe, firſt plight their faith TO THE KINGDOM, that is, 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 ſwear, 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 oftRe…atus, chappinus. Lombardy; in giving ſentences, they did not onelyonly ſit with the Lord of the Fee as Peers, but likewiſe heard the Cauſes ofttimes between the Superiour Lord and his Vaſſall. We likewiſe ſee theſe Senators of France to have ofttimes 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 JVDGEMENT 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.
Finally, even the Kings Letters, unleſſe they be ſubſcribed by the Kings Secretary, and reſcripts, unleſſe they be ſigned by the Chancellour, (who hath a power of cancelling) have no authority. There are likewiſe Dukes, Marqueſſes, Earles, Vicounts, Barons, Caſtellanes; alſo in Cities, Maiors, Deputies, Conſuls, in Sindeches, Auditors, and the like, to whom ſome particular Region or City are ſeverally commended, that they may defend the People ſo farre forth as their juriſdiction extendeth, although ſome of theſe dignities at this day are reputed Hereditary: And beſides this, yearly heretofore, at leaſtwiſe as often as neceſſity required, there was held anvAimonius. Aſſembly of the three Eſtates, wherein all the Countries and Cities of any note, did ſend their Deputies, namely Commons, Nobles, Eccleſiaſticks in each of them apart; where they publikely determined of thoſe things which appertained to the Republike: Now ſuch was evermorethe authority of this Aſſembly, that not only thoſe things which were therein accorded, were reputed ſacred and holy, & whether Peace were to be concluded, or War to be waged, or the Guardianſhip of the Realm to be committed to any one, or a Tax to be impoſed, was there concluded; but even Kings themſelves for their luxury, ſlothfulnes or tyrannie, were thruſt into Monaſteries, & by their authority, even all their Ofsprings deprived of the ſucceſſion of the Kingdom, no otherwiſe then at firſt, when as they were called to the kingdom, by the peoples authority: verily thoſe whō conſent had advanced, diſſent did pull down again; thoſe whom imitation of paternall vertues had as it were called into that inheritance, a degenerate and ungratefull minde, as it had made then uncapable and unworthy, ſo it did make them to be diſinherited: From whence verily it appears, that ſucceſſion truly was tolerated to avoid competition, ſucceſſion, an interregnum, and other incommodities of Election; but truely when greater damages would follow; where Tyranny ſhould invade the Kingdom, where a Tyrant the Throne of a King, the lawfull Aſſembly of the people Perpetually reſerved to themſelves an Authority of expelling a Tyrant or ſlothfull King, and of deducing him to his Kindred, and of ſubſtituting a good King in his place. Verily peradventure the French received this from the Gauls, xCaeſar, l. 5. & 7. de Bello Gallico.Caeſar in the fifth Book of the Gallic War, being the Author; For Ambiorix King of the Eburoni, confeſſed, that all that time the Empires of the Kings of Gallia were ſuch, that the people duely aſſembled, had no leſſe authoritie over the King, then the King over the people; which alſo appears in Vercingetorix, who pleaded his cauſe before an aſſembly of the people.Note. In the Kingdoms of Spain, eſpecially in Valentia and Catteloigne of the Arragonians it is even thus, for the Soveraignty of the Realme, is in the Juſtice of Aragon, as they call it; therefore the great men, who repreſent the people, fear not to tell the King in direct terms, both in his very Coronation it ſelf, and likewiſe every third year in the generall aſſembly of their Eſtates, Tantum valemus nos, quantum vos; We are as powerfull as you, but the Juſtice of Aragon is above us both, who rules more than you. Yea, oftentimes what things the King hath asked, what he hath injoyn'd, the Iuſtice hath prohibited; nay, he never dares to impoſe any tribute without the authority of that Aſſembly. In the Realms of England and Scotland, the Supreme power is in the Parliament, uſually wont to be held almoſt every year. Now they call a Parliament, the Aſſembly of the Eſtates of the Realme, where the Biſhops, Earls, Barons, Deputies of the Cities and Counties by common ſuffrage determine of the Republikes affairs, whoſe authority is ſo ſacred, that what things ſoever it ſhall once eſtabliſh, it is unlawfull (or a wicked act) for the king to abrogate. Likewiſe all the Officers of the Realme are wont to receive their Offices from that Aſſembly, and thoſe who ordinarily aſſiſt the King or Quéen in Councell. In brief, other Chriſtian Kingdoms, as Hungary, Bohemia, Denmarke, Sweden, and the reſt, have all their Officers of the Realm, or Conſuls of the Royall Empire, who by their own Authority have ſometimes uſed even to depoſe their Kings themſelves, as Hiſtories teach, or freſh memory ſufficiently manifeſts: Neither is there verily any cauſe that we ſhould think the Royall Authority to be thereby deminiſhed, or that Kings ſhould hereby ſuffer as it were a diminution of their heads; Truly, we deem not God the leſſe potent for this, becauſe he cannot ſin by himſelf, nor his Empire more reſtrained, becauſe it cannot be ruined, nor grow worſe; therefore not a King, if that he who may offend by himſelf, be ſuſtained or kept from ſinning by anothers help; or if peradventure he had loſt any Empire by his own negligence or fault, that he may retain by anothers prudence. What? do you think any man leſſe healthy, becauſe Phiſitians ſit round about him, who dehort him from intemperance, who interdict him the eating of hurtfull meats, who likewiſe oft-times purge him againſt his will, and reſiſting? Or whether doeſt thou think thoſe Phiſitians who take care of his health, or flatterers who obtrude the moſt unwholſome things, to be more his friends? Therefore this diſtinction is altogether neceſſary to be adhibited: Some are friends of the King, others of Caeſar; thoſe are friends of Caeſar, who ſerve Caeſar; thoſe friends of the King or Emperour, who ſerve the Kingdom: For ſince any one is called a King,Note. for the Kingdoms ſake, and the Kingdom conſiſts in the people; but the Kingdom being loſt or decayed, the King muſt altogether ceaſe to be a King, or, at leaſt, be leſſe a King: thoſe verily who ſhall ſtudy the profit of the Kingdom, are truly the Kings friends; thoſe who neglect, or ſubvert the profit of the Realm, are truly his Enemies: and as thou canſt by no means ſeparate the Kingdom from the people, nor the King from the Kingdom; ſo neither the friends of the King from the friends of the Kingdom or people; yea verily, as thoſe who truely love Caeſar would rather have him to be a King then a private man, nor can they have him a King without a Kingdom, in good ſooth thoſe ſhall be the Kingdoms friends who are Caeſars; and thoſe who would ſeem to be more the friends of Caeſar, then of the Kingdom or people, are truly to be reputed Flatterers and moſt pernicious enemies. But and if they bee truely friends, is it not manifeſt, that the King will become more powerfull and ſtable, (as Theopompus ſaid of the Ephori when inſtituted) by how much thoſe ſhall be more, and more powerfull, to whom the profit of the people or Realm ſhall be commanded and committed?
But perchance thou wilt ſay, You tell me of the Senators, Peers, and Officers of the Realm, but I, on the contrary, ſee nothing but Ghoſts, and as it were ancient Cote-Arms in Tragedies, but I ſcarce any where diſcern any foot-ſteps of ancient libertie and authoritie. Finally, you may ſee moſt men every where to look to their own affairs, to flatter kings, to cheat the people; ſcarce any where maiſt thou finde one who takes pity of the maſcerated people, much leſſe who will give help to the miſerable; but if there be any who are truely of that minde, or thought to be ſo, they are judged Rebels, or Traitors, they are baniſhed, and they are compelled to begge even their very food.Note. What? the thing is thus: It ſeems almoſt alwayes and in every place the audacitie of Kings, or partly the prevarication, partly the ſlothfulneſſe of the Nobility hath been ſuch, that kings may ſeem to have uſurped that licentiouſneſſe wherewith moſt of them at this day ſeem to wax inſolent, by a long preſcription of time, but the people may ſeem to have determined their Authority, or to have loſt it by not uſing it: For ſo it happens for the moſt part, that no man takes care for that which all are bound to take care of, that which is committed to all, no man thinks it is commended to him. Yet notwithſtanding, againſt the people, neither this preſcription nor prevarication doth any thing. It is a vulgar ſaying, that no preſcription can hurt the king, or Exchequer, much leſſe all the people, who are potenter then the King, and for whoſe ſake the Prince hath this priviledge; for why elſe is the Prince only the adminiſtrator of the Exchequer, but for the people, the true proprietors as ſhalbe after proved? Furthermore, is not this a known truth, that no violence, no not in the longeſt laſting ſervitude,yL. proponebatur, -6. D. de … Iud. ciis, l. qui res ſuas 98. paragr. ult. de ſolat…on …inter ſtipul 93. parag. Sacram. D. de Verbor, oblig. Vlpian. de Reg. Iuris, l. 54. can be preſcribed againſt liberty? But and if thou objecteſt, that Kings were conſtituted by the people, who perchance lived above five hundred yeer ſince, not by the people extant at this day; I anſwer, that although kings doe die, the people in the mean time (as neither any other Univerſitie) never dyeth; for as flowing waters make a perpetuall river, ſo alſo the viciſſitude of birth and death an immortall people: Therefore as the Rheine, Seine, Tyber, is now the ſame as it was above a thouſand years agoe, ſo likewiſe the Germane, French, Roman people are the ſame, (unleſſe Colonies ſhall have caſually intervened) neither can their right be any wayes changed, either by the flux of water, or change of individuals. Beſides, if they attribute the Kingdom received, not to their people, but to their Father, & he to his Grandfather, and ſo upwards, could he transfer more right to another then himſelf firſt had? But and if he could not, (as it is certain he could not) is it not manifeſt, whatſoever he ſhall arrogate to himſelf beſides, that he cannot any more uſurp it then any theef? But on the contrary the people have a right of perpetuall eviction. Therefore that the Nobles have been for a long ſpace oppreſſed in any Kingdom, can no way prejudice the people; but rather, as the ſervant ſhould not be heard, who in that he hath a very long time detained his Lord captive, ſhould boaſt, that he was not onelyonly a Free-man, but would likewiſe arrogate to himſelf a power of life and death over his Lord: nor yet a Theefe, who becauſe he hath robbed 30. yeers, or is the ſonne of a Theefe, ſhould think himſelfe to be without fault, yea rather, by how much the longer he hath been ſuch a one, the more ſeverely ſhould he be puniſhed: So likewiſe a Prince is not to be heard or endured, who becauſe he hath ſucceeded to a Tyrant, or hath for a long time uſed the people like a bondſlave, from whom he hath received his kingdome, or hath offered violence to the Nobles, ſhould think that what ever …e luſted ſhould be lawfull to him, and ought to be granted of right. Neither doe yeers ſubſtract any thing from the peoples right, but adde to the injury of the King. But what, if the Nobles themſelves have colluded with the King? what, if in betraying the cauſe, they have betrayed the people as it were bound, into the hands of a Tyrant? ſhall the authority of the people by this prevarication or treaſon ſeem to be plainly transferred upon the King? whether I ſay, by this fact is any thing taken away from the liberty of the people, or adjoyned to the licentiouſneſſe of the Prince? You will ſay, they may impute it to themſelves, who made choiſe of ſuch men of perfidious faith. But yet theſe are as patrons to patronize the publike profit, and the peoples ſafety and liberty: Therfore as when an Advocate ſhall make a compact with the adverſary of his Client, concerning the value of the ſuit as they ſpeake, if he had betrayed his cauſe, he ſhould not hurt him at all; ſo this conſpiracie of the Nobles, as it were made to the dammage and deſtruction of the people, cannot verily detract any thing from their right; but even they themſelves ſhall fall into the penalty of the Law, which is promulged againſt prevaricators, and the Law permits the people to chuſe another patron, and to proſecute their right againe: For if the Roman people condemned their Emperors to puniſhment, who at the Caudine Gallowes had diſhonourably contracted with the enemies, although by compulſion, and reduced to greateſt ſtraits; and judged that they were no wayes obliged by that paction; ſhall not the people be much leſſe bound to ſuffer that yoke, which not by force, but willingly; not for feare of death, but out of deſire of gain, hath been thus treacherouſly put upon them? Or if thoſe who ought to ſhake it off ſhall impoſe it, or thoſe who might doe it, ſhall tolerate it? Obſerv. 3.He hath many other pertinent paſſages to the ſame effect, which brevity enjoynes me to omit; thoſe that pleaſe may read them at their leiſure in the Author himſelfe; whoſe opinion is fortified by Alphonſus Meneſius his poems, annexed to his Treatiſe.