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PRINCETON,  N.  J. 


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Presented  by  Mr.  Samuel  Agnew  of  Philadelphia,  Pa. 


COLLECTION  OF  PURITAN  AND 
ENGLISH  THEOLOGICAL  LITERATURE 


LIBRARY  OF  THE  THEOLOGICAL  SEMINARY 
PRINCETON,  NEW  JERSEY 


k. 


To  si 


Vindicitf  contraTyrannos : 

A 

Defence  of  Liberty  againft  Tyrants. 

o  R, 

Of  the  lawful  power  of  the  Prince  over 

the  Teople,  and  of  the  People  over  the-Trince. 
BEING 

A  Treatife  written  in  Latin  and. French 

by  Junius  Brutus,    and  Tranilaced  out  of 
both  into  ENGLISH. 

Queftions  difcufled  in  this  Treatife. 

I.  Whether  Subjects  are  bound  and  ought  to  obey  Princes,  if  they  command 
that  which  is  againft  the  Law  of  God. 

II.  Whether  it  be  lawful  to  re/j/i  a  Prince  winch  doth  infring  the  Law  ef 
God,  or  ruinc  the  Church,  by  whom,  hew,  and  hew  far  it  is  lawful. 

III.  Whether  it  be  lawful  to  refft  a  Prince  which  doth  opprefs  or  mine  a 
publicly  State  ,  and  how  far,  fuch  rcjijiance  may  be  extended,  by  whom, 
how,  and  by  what  Rjght,  or  Law  it  is  permitted. 

I V.  Wnether  neighbour  Princes  or  States  may  be,  or  are  bound  by  Law,  to 
give  fuccours  to  the  Subjects  of  other  Princes,  afflicted  for  the  Caufe  of  true 
Religion,  or  opprejfed  by  manifeft  Tyranny. 


%i cettfeD  attt>  entered  accoj&mg  to  €>#er. 

LONDON, 
Printed  for  Richard  Baldwin,  in  the  Year,  1689. 


THE 

Emperors 

THEODOSIAS   and  VALENTINIAN 

T  O 

VOLV.SIJNVS,.  Great Provoft 

of  the  Empire. 

IT  is  a  Thing  well  becoming  the  Ma- 
jefty  of  an  Emperour  ,  to  acknowledge 
Himfeif  bound  to  obey  the  Laws.  Our 
Authority  depending  on  the  Authority  of  the  Laws, 
and  in  njery  Deed  to  fubmit  the  Trincipallity  to 
Law,  is  a  greater  thing  then  to  bear  %ule.  We 
therefore  make  it  hiolfn  unto  all  Meny  by  the 
declaration  of  this  our  EdiBjhat  We  do  not  allow 
Our  fehes,  or  repute  it  Lawful,  to  do  .any 
thing  contrary  to  this. 

A  2  Juftin 


An  Epiftle. 
Juftin  m  the  fecond  Book ,  [peaks  thus 
of  Lycurgus,  Law-giVer  to  the  Lacedemo- 
nians, He  gave  Laws  to  the  Spartans  which 
had  not  any  }  and  was  as  much  renowned  for 
his  diligent  Obferving  of  them  Himfelf  as 
for  his  difcreet  Inventing  of  them  :  For  he 
made  no  Laws  for  Others,  to  the  Obedience 
"tohireof  he  did  not  frji  fuhmit  Himfelf. 
Fajhioning  the  People  to  obey  willingly ,  and 
the  Trince' to  GoVem  uprightly. 


Th< 


(* ) 

)    ': 

The  firft  Qucftion. 

Whether  Subjetfs  are  hund  and  ought  to  obey  Primes  ,  if  they 
command  that  vhich  is  again\\  the  Law  of  God. 

|HIS  qucftion  happily  may  fecm  at  the  firft  view 
to  be  altogether  fuperfluous  and  unprofitable, 
for  that  it  Teems  to  make  a  doubt  of  an  axt- 
ome  always  held  infallible  amongftChriftians, 
confirmed  by  many  teftimonies  in  Holy  Scripture,  divers 
examples  of  the  Hiftories  of  all  Ages,  and  by  the  death 
of  all  the  Holy  Martyrs,  for  it  may  be  well  demanded 
wherefore  Chriftians  have  endured  fo  many  affii&ions, 
but  that  they  were  always  perfwaded,  that  God  muft  be 
obeyed  (imply,  and  abfolutely,  and  Kings  with  this  ex- 
ception that  they  command  not  that  which  is  repugnant 
to  the  Law  of  God.  Otherways  wherefore  fhould  the 
Apoftles  have  anfwered,  that  God  muft  rather  be  obey-  A#.  4.  19. 
ed  than  men*  and  alfo  feeing  that  the  only  will  of  God 
is  always  juft,  and  that  of  men  may  be,  and  is,  often- 
times unjuft,  who  can  doubt  but  that  we  muft  always 
obey  God's  commandments  without  any  exception,  and 
mens  ever  with  limitation.  But  for  To  much  as  there 
are  many  Princes  in  thefe  days,  calling  themfclves 
Chriftians,  which  arrogantly  afliime  an  unlimited 
power,  over  which  God  himfelf  hath  no  command,  and 
that  they  have  no  want  of  flatterers,  which  adore  them 
as  Gods  upon  earth,  many  others  alfo,  which  for  fear, 
or  by  conftrain't,  either  feem,  or  clfe  do  believe,  thas 
Princes  ought  to  be  obeyed  in  all  things,  and  by  all  men. 
And  withal,  feeing  the  unhappinefs  of  thefe  times  is  fuqhi 
that  there  is  nothing  fo  firm,  certain,  or  pure,  which  is 
not  fhaken,  difgraced,  or  polluted  5  I  fear  me  that  who- 
focver  (hall  nearly,  and  throughly  confider  *hefe  things, 
will  confefs  this  queftion  to  be  not  only  moft  profitable, 
but  alfo,  the  times  confidered,  rnoft  neceffary.  For  my 
own  part  when  I  confider  the  caufe  of  the  many,  calami- 
ne*,  wherewith  Chriftendom  hath  been  afflicted  ,  for 

B  theft 


(») 

Hof.  5.  10.  j^efg  |atc  year$$  I  cannot  buc  remember  that  of  the  Pro- 
phet Ho[ea>  the  Princes  of  Judah  were  %  them  that  re 

move  the  bounds :  therefore  I  will  powre  out  my  [elf  likg 
water.  Ephraim  is  oppreffed,  and  broken  in  judgment,  be- 
cause he  Mingly  walked  after  the  Commandments.    Here 
you  fee  the  fin  of  the  Princes,  and  people  difperfed  in 
thefe  two  words.    The  Princes  exceed  their  bounds,  not 
contenting  themfelves  with  that  Authority  which  the 
Almighty,  and  all  good  God  hath  given  them,  butfeek 
to  uiurp  that  fovereignty  ,  which  he  hath  refervea*  to 
himfclf  over  all  men,  being  not  content  to  command 
the  Bodies^  and  goods  of  their  Subjects  at  their  pleafure, 
but  aflfume  lica^cc  to  themfelves  to  inforce  the  Confciences* 
,    tfhkh  appertains  chiefly  to  JefusChrift,  holding  the  earth 
not  great  enough  for  their  ambition,   they  will  climb 
and  conquer  Heaven  it  fclf.   The  people  on  the  other  fide 
walks  after  the  commandment,  when  they  ycild  to  the 
defire  of  Princes,  who  command  them  that  which  is  a- 
gainft  the  Law  of  God,  and  as  it  were  burn  incenfe  to, 
and  adore  thefe  earthy  Gods  5  and  inftead  of  refitting 
them,  if  they  have  means  and  occafion ,  fuffer  them  to 
ufurp  the  place  of  God,  making  no  confcicnce  to  give 
that  to  Cf/Vj  which  belongs  properly  and  only  to  God. 
Now  is  there  any  man  that  fees  not  this,  if  a  man  dif- 
Cfoey  a  Prince  commanding  that  which  is  wicked  and 
Oftiawful,    he  ihall  prcfently.  be  efteemed  a  Rebel,  a 
1fcaytor,&nd  guilty  of  High  Treafon,  our  Saviour  Chrift, 
Ezra.  4.        ^  Apoftlcs  and  all   the  Chriftians  of  the  Primitive 
Nehe.  5.  7.    Ctfciroh  were  charged  with  thefe  Calumnies.  If  any  after 
«he  example  of  Ezra,  &nd  Nehemiah,   difpofe  himfclf  to 
thfcfbuifehng  of  the  Temple  of  the  Lord,  it  will  be  faid 
hiPHlpires  to  the  Grown,  hatches  innovations,  and  fecks 
ihe  v  nine  of  the  State,  then  vou  (hall  prefently  fee  a  mil- 
lion of  thefe  Minniohs,  and  flatterers  of  Princes  tickling 
tfeeir  ears  with  an  opinion,  that  if  they  once  fuffer  this 
T-e^plcto  be're-builded,  tnev  may  bid  their  Kingdom 
fefewe!,  andfiever  loofctoraife  import  or  taxes  on  thefe 
itt&h     But  what  a  madnefs  is  this  ?  There  are  noErtates 
lAiali^hght'tdbeetemt'd  firm  and  fable,  but  thofe 
»!:-.  in 


(3  ) 
in  whom  the  Temple  of  God  is  built,  and  which  arc  ir£ 
deed  the  Temple  it  felf,  and  thefe  we  may  truly  call 
Kings,  which  reign  with  God,feeing  that  it  is  by  him  only 
that  Kings  reign:  On  the  contrary  what  beaftly  foolilhnefs 
it  is  to  think,  that  the  State  and  Kingdom  cannot  fubfift 
if  God  Almighty  be  not  excluded,  and  his  Temple  de- 
molished. From  hence  proceeds  fo  many  Tyrannous 
enterprifes,  unhappy  and  tragick  death  of  Kings,  and 
ruines  of  people.  If  thefe  Sicophants  knew  what  difference 
there  is.  between  God  and  C<*far,  betwren  the  King  of 
Kings,  and  a  fimple  King,  between  the  TLord,  and  the 
Vaflal,  and  what  tributs  this  Lord  requires  of  his  Sub- 
je£ts,  and  what  Authority  he  gives  to  Kings  over  thofe 
his  Subje&s,  certainly  fo  many  Princes  would  not  ftrive 
to  trouble  the  Kingdom  of  God,  and  we  fhould  not  fee 
fome  of  them  precipitated  from  their  Thrones  by  the 
juft  inftigation  of  the  Almighty,  revenging  himfelf  of 
them,  in  the  midft  of  their  greateft  Strength*  and  the  peo- 
ple fhould  not  be  fo  fack*t  and  pillag'd,  and  troden  down.  t 

It  then  belongs  to  Princes  to  know  how  far  they  may 
extend  their  Authority,  and^  to  Subjects  in  what  they 
may  obey  them,  left  the  one  incroaching  on  that  jurit 
diction,  which  no  way  belongs  to  them_,  and  the  others 
obeying  him  which  commandeth  further  then  he  ought, 
they  be  both  chaftifed,  when  they  ftall  give  an  account 
thereof  before  another  Judge :  Now  the  end  and  (cope  of 
the  queftion  propounded,  whereof  the  Holy  Scripture 
fhall  principally  give  the  refolution,  is  that  which  fqjlow- 
eth.  The  queftion  is,  if  Subjects  be  bound  to  obey  Kings, 
in  cafe  they  command  that  which  is  againft  the  Law  of 
God :  that  is  to  fay,  to  which  of  the  two  (God  or  the  King) 
muft  we  rather  obey,  when  the  queftion  fhall  be  refolved 
concerning  the  King,  to  whom  is  attributed  abfolute 
power,  that  concerning  other  Magiftratcs  (hall  be  alfb 
determined. 

Firft,  the  Holy  Scripture  doth  teach,  that  God  reigns 
by  his  own  proper  Authority,  and  Kings  by  derivation,  Pror.ft 
God  from  himfelf,  Kings  from  God,  that  God  hath  a  Job  12. 
jurtfdi&ion  proper,  Kings  are  his  delegates  :  It  follows  Wifd.tf.  j. 

B  2  then, 


(4) 
then,  that  the  jutifdi-ftion  of  God  hath  no  limits,  that  o  f 
Kings  bounded,  that  the  power  of  God  is  infinite,  that  of 
Kings  confinVi,  that  the  Kingdonvof  God  extends  it  felf 
to  all  places,  that  of  King?  is  reltrain'd  within  the  confines 
of  certain  Countries :  In  like  manner  God  hath  created 
of  nothing  both  Heaven  and  Earth  ;  wherefore  by  good 
right  he  isLord^  and  true  Proprietor,    both  of  the.  one, 

•  and  the  other  .•  All  the  Inhabitants  of  the  Earth  hold  of 

him  that  which  they  have,  and  are  but  his  tenants, 
and  farmers  vail  the  Princes  and  Governors  of  the 
World  are  his^itipendaries  and  vaffals,  and  are  bound 
to  take  and  acknowledge  their  inveftitures  from  him. 
Briefly,  God  alone  is  the  owner  and  Lord,  and  all 
men  of  what  degree,  or  quality  foever  they  be,  are  his 
lervants,  farmers,  officers  and  vatTals,  and  owe  account 
and  acknowledgment  to  him,  according  to  that  which 
he  hath  committed  to  their  difpenfation,  the  higher 
their  place  is,  the  greater  their  account  mult  be,  and  ac- 
cording to  the  ranks  whereunto  G^d  hath  raifedthema 
muft  they  make  their  reckoning  before  his  divine  Ma- 
}efty,which  the  Holy  Scripture 'eacheth  in  infinite  places, 
and  all  the  faithful,-  yea,  and  the  wifeft  amon^  the 
Heathen  have  ever  acknowledged  :  The  earth  is  the 

Pfaf.  14.  Lords,  and  the  fulnefs  thereof,  (fo  faith  King  David) 
And  to  the  end  that  men  fliould  not  Sacrifice  to  their 
own  induftry;  the  Earth  yeilds  no  increafe  -vithoutthe 
dew  of  Heaven  .•  Wherefore  God  commanded  that  his 
peoole  ftiould  offer  unto  him  thefirft  of  their  fruits,  and 
the  Heathens  themfelves  hath  confecrated  the  fame  un- 
to their  Gods  to  the  end,  that  God  might  be  acknow- 

ifay.  66.  1.     ledged  Lord,   and  they  his  grangers  and  vine  drefiersj 

1  Kings  1.  8.  the  Heaven  is  the  Throne  of  the  Lord,  and  the  Earth  his 
Foot-ftool.And  therefore  feeing  all  the  Kings  of  the  World 
are  under  his  Feet-,  it  is  no  marvail,  ii  God  be  called  the 
King  of  Kings,and  Lord  of  Lords ;  all  Kings  be  termed  his 

™>v.  8. 1$.    ^4jn{fttrs  eftabliftied  to  judge  rightly,  and  govern  juftty 

Job  i2.  18.  the  World  in  the  quality  of  Livetenants.  By  me  (fo 
;fajth  the  divine  Wifdom)  Kings  reign,  and  the  Princes 

Dan.  2.  Ji.  judge  the  earth ;  If  they  do  k  not  he  loofeth  the  Bonds 
of  Kings,  andgrideth  their  Loyns  with  a  girdle.    As  if 

he 


Or,) 

he  Qiould  fay,  it  is  in  my  power  to  eftablilh  Kings  in 
their Thrones,  or-  to  thruft  them  out,  and   from  that 
occadon  the  Throne  of  Kings  is  tailed  the  Throne  of 
God.  BlefTed  be  the  Lord  thy  God  (faith  the  Queen 'of  2Chron#9>8t 
Sheba  to    King  Solomon)  which  delighted  in  thee  to  fct 
.  thee  on  his  T  hronc  to  be  King  for  the  Lord  thy  God,to  do 
judgment  and  jullicc.   In  like  manner  we  read  in  another 
place,  that  Solomon  fate  on  the  Throne  of  the  Lord,  or  2  Chron.  29. 
on  die  Throne  of  the  Lords  Kingdom.    By  the  fame  l^zm  9  lCm 
reafon  the  People  is  always  called  the  L«rds  People,  and  antj  ,^  t\ 
the  Lords  inheritance,  and  the  Kings  Governor  of  this  in- 
heritance, and  Condu£tor  or  Leader  of  his  People  of  God, 
which  is  the  title  given  to  David,  to  Solomon,  to  Ezechiai  2  Sam.  6.  21. 
and  toother  good  Princes \  when  alio  the  Covenant  is  2Kings2o,  5. 
pafled  betwixt  God  and  the  King,  it  is  upon  condition  2  Chron.  1.9. 
that  the  People  b:,  and  remain  always  the  people  of  £  Chron! f 3  3. 
God,  to  fhew  that  God  will  not  in  any  cafe  defpoil  him-  x^t 
felf  of  his  propriety  and  poikflion,  when  he  gives  to 
Kings  the  government  of  the  People,  but  efrablifh  them 
to  take  charge  of,  and  well  ufe  them,  no  more  nor  lefs 
then  he  which  makes  choife  of  a  Shepheard  to  look  to  his 
flocks.,  remains  not  with  (landing  himfelfftill  Mailer  and 
owner  of  them.    This  was  always  known  to  thofegood  2  Chron.  20. 
Kings,  David,  Solomon,  Jebofapbat,   and  others  which  6> 
acknowledged  God  to  be  the  Lord  of  their  Kingdoms 
and  Nations,  and  yet  loft  no  priviledge  that  juftly  be-     ', 
longs  to  real  power ;  yea,  tUfy  reigned  much  more  hap- 
pily in  that  they  employed  them  felves  chear fully  in  the 
fervice   of  Goo1?  and  'in  obedience  to  his  Command- 
ments.    'Nebuchadnezzar,  although  he  were  a  Heathen,  Dan.  2. 37. 
and  a  mighty  Emperor,  did  yet  at  the  end  acknowledge  and  4. 14. 
this,  for  though  Daniel  called  him  the  King  of  Kings, 
to  whom  the  King  of  Heaven  had  granted  power  .  and 
Royal  Majefly  above  all  others :   Yet  on  the  contrary, 
(faid  he)  Thy  GodO  Daniel  is  truly  the  God  of  Gods,  and 
Lord  of  Lords  giving  Kingdoms  to  whom  he  fleafeth,  yea, 
to  the  mod  wretched  of  the  World.    For  which  caufe 
Zenephonhid  at  the  Coronation  of  Cyrus ;  let  us  facrifice 
to  God    And  prophane  Writers  in  many  places  do 

magnifle 


r<5> 

magnifie  God  the  moft  mighty  and  Sovereign  King  r 
At  this  day  at  the  inaugurating  of  Kings,  and  Chrifti- 
an  Princes,  they  are  called  the  Servants  of  God,  defti- 
nated  to  goverffhis  people.  Seeing  then  that  Kings  are 
only  the  Leiutenants  of  God,  eftablifhed  in  the  T  hronc 
of  God,  by  the  Lord  God  himfelf,  and  the  ocoplc  arc 
the  people  of  God,  and  that  the  honour  which  is  done 
to  thefe  Leiutenants  proceeds  from  the  reverence  which 
1$  born  to  thofe,  that  fent  them  to  this  fcrvice :  it  fol- 
lows of  necefficy  that  Kings  muft  be  obeyed  for  Gods 
caufe,  and  not  againft  God,  and  then,  when  they  fervc 
Divifum  im-  and  obey  God,and  not  other  wavs.lt  may  be  that  the  flat- 

TeriUc^rm  ccrcrsof  the  Court  wil1  **&*  that  God  hath  reiigned 
habet  **  nis  Powcr  unt0  Kings,  relcrving  Heaven  tor  himfelf, 
and  allowing  the  Earth  to  them  to  Reign,  and  govern 
there  according  to  their  own  fancies;  briefly  that  the 
great  ones  of  the  World  hold  a  devided  Empire  with 
God  himfelf.  Behold  a  difcourfe  proper  enough  for 
that  impudent  Villain  Cleon  the  Sicophant  of  Alexander, 
or  for  the  Poet  Martial  which  was  not  afhamed  to  call 
the  Edicts  of  Domitian,  the  Ordinances  of  the  Lord 
God.  This  difcourfe  I  fay  is  worthy  of  that  execrable 
Domitian  who  fas  Suetonius  recites)  would  be  called 
God  and  Lord  ••  But  altogether  unworthy  of  the  ears 
of  a  Chrifh'an  Prince,  and  of  the  mouth  of  good  Sub- 
je£fs,  that  fentence  of  God  Almighty  muft  always  re- 
lfa.  48.11.  ^  main  irrevocably  true,  W/7/  not  give  my  glory  to  any 
other,  that  is,  no  Man  fhall  have  fuch  abfolute  Au- 
thority, but  I  will  always  remain  'Sovereign.  God 
doth  not  at  any  time  divert  himfelf  of  his  power,  he 
holds  a  Scepter  in  one  hand  roreprefs  and  quell  the  au- 
datious  boldnefs  of  thofe  Princes  which  mutiny  againft 
him,  and  in  the  other  a  ballance  to  controul  tnofe  that 
pfel.  2. 9.  adminifter  not  juftice  with  equity  as  they  ought,  then 
Wife].  6.4.  thefe  there  cannot  be  cxprelTed  more  certain  marks  of 
fovcrcign  Command.  And  if  the  Emf>cr6*r  in  creating 
a  King,  reierves  always  to  himfelf  the  imperial  fovc- 
raignty,  or  a  King  as  he  of  France  fa  granting  the  Go- 
vernment or  pofleflion  of  a  Province  to  -a  ftraflger,  or 

if 


(  7) 
if  it  be  to  his  Brother  or  Son  refer  ves  always  t«  him- 
felf  appeals,  and  the  knowledg  of  fuch  things  as  are  the 
marks  of  royalty  and  fovcrcignty,  the  which  alfo  are 
always  underftood  of  themfelves  to  be  excepted,   al- 
though they  were  altogether    omitted  in  the  grant  of 
kweftiture,  and  fealty  promifed,  with  much  more  rca- 
fbn  (hould  God  have  Sovereign  Power  and  Command 
over  all  Kings  being  his  Servants  and  Officers,  feeingy 
we  read,  in  fo  many  places  of  Scripture,  that  he  will' 
call  them  to  an  account,  and  punifti  them,  i(  they  do 
not  faithfully  difcharge  their  duties.    Then  therefore 
all  Kings  arc  the  VaiTals  of  the  King  of  Kings,  inverted 
into  their  Office  by  the  fword,  which  is  the  cognifance 
of  their  Royal  Authority,   to  the  end,  that  with  the 
fword  they  maintain  the  Law  of  God,  defend  the  good, 
and  punifli  the  evil:  Even  as  we  commonly  fee,  that  he 
which  is  a  Sovereign  Lord,  puts  his  VaiTals  into  poflefli- 
on  of  their  fee,  by  girding  them  wiih  a  fword,  deliver- 
ing them  a  buckler,  and  a  ftandard,  with  condition 
that  they  (hall  fight  for   them  with  thole  Arms  if  oc- 
cafion  (hall  ferve.    Now   if  we  confidcr   what  is  the 
duty  of  Vaflals,  we  (hall -find  that  what  may   be  faid 
of  them,  agrees   properly  to  Kings*     The  Vaflal  re- 
ceives his  fee  of  his  Lord  with   right  of   juftice,  and 
charge  to  ferve  him  in  his  Wars.     The  King  is  efta-  x  Sam.  8.  and 
bli&ed  by  the  Lord  God,  the  King  of  Kings ;  to  the  920.' 
end  he  fliould  adminifter  juftice  to  his  people  and  de- 
fend them  againft  all  their  .Enemies.    The  Vaflal  re- 
ceives Laws  and  Conditions  from  his  Sovereign  .•  .God 
Commands  the  King  to  obferve  his  Laws  and  to  have 
them  always  before  his  Eyes,  promiiing  that  he  and 
his  SucceiTors  (hall  poflefs  long  the  Kingdom,  if^they 
be  obedient,  and  on  the  contrary,  that  their  Reign  (hall 
be  of  fmall  continuance,   if  they  p  :ove  Rebellious  to 
their  Sovereign  King.    The  Vaflal  obligsth  himfelf  by 
O^th  unto  his  Lord,  and  fwearsjhat  he  will  be  faith- 
ful, and  obedient .-  In  like  manner  the  King  promifeth 
folemnly  to  command,  according  to  the  exprefs  Law  of 
God.    Briefly  the  Vaflal  loofeth  his  fee3    if  he  Com-  Deu.  17.  ;$>,. 

mit 


(  8) 

uiic  Fellony,  and  by  Law  forfeited!  all  his  Priviledges* 
In  the  like  cafe  the  King  loofeth  his  Right,  and  many 
times  his  Realm  alio,  it  he  defpife  God,  if  he  Com- 
plex with  his  Enemies,  and  if  he  Commit  Fellony  a- 
gainft  that  Royal  Majefty,  this  will  appear  more  clear- 
ly by  the  conuderation  of  the  Covenant  which  is  Con- 
tracted between  God  and  the  King,  for  God  does  that 
honour  to  his  Servants  to  call  them  his  Confederates. 
Now  we  read  of  two  forts  of  Covenants  at  the  Inau- 
gurating ot  Kings,  the  firfl  between  God,  the  King, 
and  the  People,  that  the  people  might  be  the  people 
of  God:  The  fecond  between  the  King  and  the  people, 
that  the  people  (hall  obey  faithfully,  and  the  King 
command  juftly,  we  will  treat  hereafter  of  the  fecond, 
and  now  fpeak  of"  the  firfl:.    * 

When  King  Joas  was  Crowned  we  read  that  a  Cove- 
The  Alliance   nant  was  Contracted  between  God,  the  King,  and  the 
between  God  People.-  or,  as  it  is  faid  in  another  place  between  Jeho- 
and  the  Kings.  jada  tne  High-Prieft,   all  the  People,  and  the  King, 
2  chro.2V.16.  That  God  fbould  be  their  Lord.    In  like  manner  we  read 
2  King  23'.   '  that  Jofias  and  all  the  people  entred  into   Covenants 
with  the  Lord;  we  may  gather  from  thefe  teftimonies, 
that  in  palling  thefe  Covenants  the  High-Prieft  did  Co- 
venant in  the  Name  of  God  in  exprefs  terms,  that  the 
King  and  the  People  fhould  take  order  that  God  might 
be  lerved  purely,  and  according  to  his  will,  through- 
out the  whole  Kingdom  of  7/ak,  that  the  King   fhould 
lo  Reign  that  the  People  were  fuffcred  to  fervc  God, 
and  held  in  obedience  to  his  Law :  That  the  people 
fhould  fo  obey  the  King,   as  their-  obedience  fhould 
have  principal  Relation  to  God.  It  appears  by  this  that 
the  King  and  the  People  are  joyndy  bound  by  promife 
and  «lid  oblige  themfelves  by  folemn  Oath  to  ferve  God 
before  all  things.    And  indeed  prefently  after  they  had 
fworn  the  Covenant,  Jofias  and  Jom  did  ruinc  the  I- 
dolatry  of   Baal  and  re-eftali(hcd   the  pure  fervice  of 
God.  The  principal  points  of  the  Covenants  were  chief- 
ly thefe. 

tfiat 


(  9  ) 

That  the  King  himfclf,  and  ali  the  people  fhould  be 
careful  to  honour  and  fcrve  God  according  to  his  will 
revealed  in  his  word,  which  it  they  performed,  God 
would  affift  and  preferve  their  Effaces  r  as  in  doing  the 
contrary,  he  would  abandon,  and  exterminate  them, 
which  doth  plainly  appear  by  the  conferring  of  divers 
paflages  ot  holy  writ.  Mofes  fomewhat  before  his  D-Ut-  29-  3°- 
death  propounds  thefe  conditions  of  Covenant  to  ali  j*1,  „tf 

the  people,  and  at  the  fame  time  commands  that  the 
Law,    which    be    thofe   precepts  given   by  the  Lord 
fhould  be  in  depofito  kept  in  the  Ark  of  the  Covenant. 
After  the  deccafe  of  Mofes,  Jojkua  was  eftabliled  Cap-  Jolh.  i. 
tain,  and   Conductor  of    the  people  of    God,  and  ac- 
cording as  the  Lord  himfelf  admonifhed,  ii  he  would 
have  happy  fuccefs  in  his  Affairs,  he  fhould  not  in  any  Deut.  27. 2$. 
fort  eftrange  himfelf  from   the  Law;    Jofhua  alfo  br  Joi;5- &  24- 
his  part,  deflring  to  make  the  Israelites  underftand  upen 
what  condition  God   had  given  them  the  Country  of 
Canaan^  as  foon  as  they  were  entred  into  it,  after  due 
facrifices  performed,  he  read  the  Law  in  the  prefence 
of  all  the  people,  promifing  unto   them  in  the  Lords 
name  all  good  things   if  they  perfifted  in   obedience; 
and  threatning  of  all  evil  if  they  wilfully  connived  in 
difobedience.    Summarily,  he  allures  them  all  profpe- 
rity,  if  they  obferved  the  Law  \  as  otherways,  he  ex- 
prefly  declared,  that  in  doing  the  contrary  they  fhould 
be  utterly  ruined :  Alfo  at  all  fuch  times  as  they  left 
the  fervice  of  God,  they  were  delivered  into  the  hands 
of  the  Canaanites^  and    reduced  into  flavery,   under 
their  Tyranny.    Now  this  Covenant  between  God  and 
the  people  in  the  times  of  the  Judges,  had  vigor  alfo 
in  the  times  of  the  Kings,  and  was  treated  with  them. 
Afcer  that  Saul  had  been  anovnted,  chofen,  and  wholly 
eftabliihed  King,  Samuel  fpeaks  unto  the  people  in  thefe  2  Sam.  12. 
terms ;  Behold  the  King  whom  you  have  demanded  and 
chojen^  God  hath  ejtablifhed  him  King   over  yo:t,   obey 
you  therefore  ani  ferve  the  Lord,  as  rrell  you,  as  your  King 
which  is  efiablifhed  over  yon,  otkerrvife  yon  and  your  Ising ' 
fhall  perifh.     As  if  he  fhould  fay,  you  would  have  a 
King  and  God  hath  given  you  this  here,  notwithflanding 

C  think 


(  io) 

think  not  that  God  will  fufTer  any  entroachment  upon 
his  right,  biit'know  that  the  King  is  as  well  bound  to 
obferve  the  Law  as  you,  and  if  he  fail  therein,  iv.s  de- 
linquency (hall  be  punilhed  as  feverely  as  yours:  Briefly, 
according  to  your  defires  Saul  is  given  you  for  your 
King,  to  lead  you  in  the  Wars,  but  with  this  conditi- 
on annexed  that  he  himfclf  follow  the  Law  of  God. 
Ve^vz.  2'4'  After  that  $aul  was  rejected,  becaufe  he  kept  not  his 
pwrpmife,  David  was  eihblifhcd  King  on  the  lame  con- 
dition, fo  alfo  was  his  Son  Solomon,  for  the  Lord  laid, 
If  thou  keep  my  Law,  I  will  confirm  with  thee  the  Covenant 
which  1  contracted  with  David.  Now  concerning  this 
Covenanr,  it  is  inferred  into  the   fecond  Book  of  the 

Chronicles,  as  followech.  There  fhall  not  fail  thee  a  mayi 
2Chron.6.i6  jn  my  0^  u  jft  tJpn  jj£  f^.^e  0f  jjraeJ .   yet  f0  tfMt 

2  King. '3  3.2.  &y  children  t.il{e  heed  to  their  way  to  wall^  in  my  Law,  as 
Deut.x7.18.    thou  haft  walled  leforeme,  But  if  they  ferve  idols,  I  wilt 
1  Sam.  10. 25.  drive  them  from  the  Land  whereof  I  have  given  them 
pjfeffion.  And  therefore-  it  was  that  the  book  o.c  the  Law 
was  called  the  book  of  the  Covenant  of  the  Lord,  ( who 
commanded  the  Priells  to  give  it  the  Kingj  according 
to  which  Samuel  put    it  into  the  hands  of  Saul,  and 
according  to  the  tenure  thereof  Jofia*  yields  himfelf 
fcedetarie  and  vallal  of  the  Lord.     Alfo  the  Law   which 
is  kept  in  the  Ark,  is  called  the  Covenant  of  the  Lord 
2Chron.6.n.  with  the  Children  of  Ifrael,    Finally,  the  people  de- 
Nehem.  9.38.  livered  from  the  Captivity  of  Babylon,   do  renew  the 
Covenant  with  God,  and  do  acknowledge  throughout 
that  Chapter,  that  they  worthilv  deferved    all  thofc 
puniuhments  for  their  falfrying   their  promife  to  God. 
It  appears  then  that  the  Kings  fwear  as  vailals  to  ob- 
ferve the  Law  of  God,  whom  they  confefs  to  be  So- 
vereign Lord  over  all.     Now  according  to  that  which 
we  have  already  touched,  if  they  violate  their  Oathr 
and  tranfgrefs  the  Law,  we  fay  that  they  have  loft  their 
Kingdom,  as  vaflals  loofe  their  fee  by  Committing  Fel- 
lony.    We  have  (aid  that  there  was  the  fame  covenant 
fad.  2. 24.8c  4.  between  God    and  the  Kin^s  of  Judah,  as  before^  be- 
2.&c.  &9*.  33!  twecn  Gcd  and  the  People  in  the  times  of  Joftta  and 
1  Sam.  1 3. 13.  the  Judges.    But  we  fee  in  many  places,  that  when  thd 
ft  »5*  26.  people 


(II) 

people  hath  defpifed  the  Law,  or  made  covenants  with 
Baal,  God  hath  delivered  them  into  the  hands  of  Eglon, 
Jabin,  and  other  Kings  of  the  Camaniui :  And  as  it  is 
one  and  the  fame  Covenant,  fo  thole  which  do  break 
it,  receive"  like  punifhment  Saul  is  fo  audacious  to  fa- 
crifice,  infringing  thereby  the  Law  of  God,  and  pt  efent- 
\y  after  faves  the  life  of  Agag,  King  oi  the  Amahkjtes, 
againft  the  exprefs  Commandment  of  God,  for  this 
occafion  he  is  called  Rebel  by  Samuel,  and  finally  is 
chaftized  for  his  Rebellion.  T'bou  hafl  jacrificed,  faith 
be,  but  thou  hadji  done  better  to  obey  God,  for,  obedience 
is  more  worthy  than  jacrifice.  Thou  haft  neglected  the 
Lord  thy  God,  he  alfo  hath  rejected  thee,  that  thou 
Reign  no  more  over  Ifrael.  This  hath  been  fo  certainly 
obferved  by  the  Lord,  that  the  very  Children  of  Saul 
were  deprived  of  their  paternal  inheritance,  for  that  he 
having  committed  High  Treafon,  did  thereby  incur  the 
punifhment  of  Tirants,  which  affect  a  Kingdom  that  no 
way  appertains  unto  them.  And  not  only  the  Kings, 
but  alfo  their  Children  and  fuccefTors  have  been  de- 
prived of  the  Kingdom  by  reafon  of  fuch  Fellony.  Solo- 
mon revolted  from  God  to  Worfhip  Idols.  Incontinently 
the  Prophet  Abijab  foretels  that  the  Kingdom  fhall  be 
divided  under  his  Son  Rehoboam.  Finally,  the  word  of 
the  Lord  is  accompli&ed,  and  ten  Tribes  which  made 
the  greateft  portion  of  die  Kingdom,  do  quit  Rehohoam^ 
and  adhere  to  Jeroboamhis  Servant.  Wherefore  is  this  ? 
for  fo  much  (faith  the  LordJ  that  they  have  left  me  to 
go  after.  Aft -roc  be,  the  God  of  the  Sidomam  and  Cbamos 
the  God  of  ihe-Moabitei,  istc.  I  will  alfo  break  in  pieces 
their  Kingdom ;  as  if  he  fhould  fay,  they  have  violated 
the  Covenant,  and  have  not  kept  prom'fe,  I  am  no 
more  then  tied  unto  therm,  they  will  leflen  my  Majefty, 
and  I  will  lefTen  their  Kingdom :  Although  they  be  my 
Servants,  yet  notwithftanding  they  will  expel  me  my 
Kingdom  5  but  I  will  drive  them  out  themfclves  by 
Jevoboam  which  is  their  Servant.  Furthermore,  for 
fo  much  as  this  Servant  ,  fearing  that  the  ten 
Tribes  for  the  caufe  of  Religion  fhould  return  to  Jeru- 

C  a  [akm 


{dem,  ret  up  Calves  in  Bethel^  and  made  Ifrael  to  fin, 
withdrawing  by  this  means  the  people  far  from  God, 
what  was  the  punifhment  of  fo  ingrateful  a  VaiTal  and 
wicked  Traytor  towards  his  Lord  ?  Firft,  his  Son  died, 
and  in  the  end  all  his  race,    even  unto  the  laft  of  the 
males  was  taken  frcm  the  Face  of  the  Earth  bv  the 
Sword  of  Bjafa,  according  to  the  Judgment  which  was. 
pronounced  againlt  him  by  the  Prophet,  becaufe  he  re- 
volted trom  the  obedience  of  the  Lord  God  :  this  then 
is  caufc  fufficjent,  and  often  times  alfo  propounded,  for 
the  which  God  doth  take  from  the  King  his  Fee,  when 
he  oppolet-h  the  Law  of  God,   and  withdraws  himfelf 
from  him  10  follow  his  Enemies,  to  wit  Idolst  and  as 
like  crimes  deferve  like  puniihments,   we  read  in  the 
Holy  Hiftories  that  Kings  of  Ifrael  and  of  Juda  which 
have  fo  far  forgotten  themlelves,  have  in  the  end  miier- 
ably  perifhed.    Now.  although  the  form  both  of  the 
Church,  and  the  Jemjh  Kingdom  be  changed,  for  that 
which  was  before  inelofed  within  the  narrow  bounds  of 
Jadea,  is  now   dilated   throughout  the  wdiole  World, 
notwithftanding  the  fame,  things  may  be  (aid  of  Chri- 
ftian  Kings,  the  Gofpel  having  lucceeded  the  Law,  and, 
Chriftian.  Princes  being  in  the  place  of  thofe  of  Jury  .- 
There  is  the  fame  Covenant,  the  fame  Conditions* 
the  fame  Punifhments,  and  if  they  fail  in  the  accompliih- 
ing,  the  fame  God  Almighty  revenger  of  all  perfidious 
difloyalty ;  and  as  the  former  were  bound  to  keep  the 
Law,  fo  the  other  are  obliged  to  adhere  to  the  Doctrin 
of  the  Gofpel,  for  the  advancement  whereof  thefc  Kings 
at  their  anoynting,  and  receiving,  do  promiie  to  imploy 
the  utmoft  of  their  means. 

Herod  fearing  Chrift  ,  whofe  reign  he  fhould  rather 
havedeiircd,  fought  to  put  him  to  death,  as  if  he  had 
afle&ed  a  Kingdom  in  this  World,did  himfelf  miferably 
perifh,  and  loft  his  Kingdom.  Julian  the  Apoftate 
did  caft  off  Chrift  Jefus  to  cleave  unto  the  Impiety 
and  Idolatry  of  the  Pagans  .-  but  within  a  fraall 
time  after  he  fell  to  his  confufion  ,  the  force  of  the 
Arm  of  Chrift  ,    whom  in  mockery  he  called  the 

Gallikan. 


(  i3  ) 
GattikiiH.    Anticnt  Hiftories  are  repleat  with  iuch  ex: 
amplcs,  neither   is  there  any   want  in  thofe  of   thefe 
times.     Of  late  years  divers  Kings  drunk  with  the  li- 
quor which  the  Whore  of  Babilon  hath  presented  unto 
them,  have  taken  Arms,  and  for  the  love  of  the  V\  olf, 
and  of  Antichritr,  have  made  War  againil  the  'Lamb 
of  God,  which  is  Chrift  Jeius,  and  yet  at  this  day  iome 
anaongft  them  do  continue  in  the  lame  ceuife}  we  have 
fcen  feme  ot  them  ruin'd  in  the  deed,  and  in  the  midft 
of   their  wickednefs ,    ethers  alfo  carried  from  their 
Triumphs  to  rheir  graves,  thofe  which  -futvive  jggd  fol- 
low them  in  their  courfes  have  little  reafcxi  to  expect  a 
better  iflue  oi  their  wicked  practices,  rhis  femence  re- 
mains always  moft  cerrain,  That  though  all  the  Kings  c/pfai.  2.  2. 
the  Earth  ao  conjure  and  confpire  againfl  Chrifi  ana  m-  pfal.  no.  2- 
deavo.rr  to  cut  in  fleets  our  Lamb,  yet  in  the  end  they  Shall  A  poo  19*  l6- 
yeild  the  flace,  and  waugre  their  hearts  ,  confefs  that  this 
Lamh  is  the  King  of  Kings ,  and  Lord  of  Lor  as-    But  what 
ftall  we  fay  of  the  Heathen  Kings?  Certainly  although 
th(y  be  not  anointed  and  facrcd  of  God,  yet  be  they  his 
Valfals    and    have    received    their  power  ircm  him, 
whether  they  be  chofen  by  let  or  any  other  means  what- 
foever.    If  they  have  been  chofen  by  the  voices  of  an 
Aflembly,  we  lay  that  God  governs  the  heart  cf  man, 
znJ  addtefTes  the  minds,  and  intentions  of  all  pet  fens     . 
whether  he  pleafeth  :  If  it  be  by  lot,  the  lot  is  call  in  the 
lap,  faith  the  wife  man,  but  the  rr hole  diffofing  thereof  14    ro#  l6 
of  the  Lord.    It  is  God  only  that  in  all  ages  eifablifheth, 
and  takes  away,  confirms,   and  overthrows  Kings  ac- 
cording to  his  good  pleafure;  In  which  regard  If  ay  calls 
Cyrus  the  anointed  of  the  Lord,  and  Daniel  faith  that  Efa-  ^  lm 
Ntbuhadneza*- and  others  have  bad  their  Kingdoms  com-  Dan.2.2i.and 
mitred  unto  rhem  by  God ;  as  alfo  Saint  Paul  maintains  4-  24- 
that  all  Magiflrates  have  received  their  .Authority  from  Kom>  I3*  *' 
him:  For  although   that  God  hath   not  commanded 
Pagans  in  eyprefs  terms  to  obey  him  as  he  hath  done 
thofe  that  have  knowledge  of  him  ;  yet  notwithftanding   ' 
the  Pagan;  muff  needs  confefs  that  it  is  by  thefbvereign 
God  that  they  reign,  wherefore  if  they  will  nor  yeild 

the 


C  H) 
the  tribute  that  they  owe  to  God  in  regard  of  themfelves, 
at  the  lead  let  them  not  attempt  nor  hinder  the  Sovereign 
to  gather  that  which  is  due  from  thofe  people  which 
are  in  lubje&ion  to  them  ;  nor  that  they  do  not  antici- 
pate, nor  appropriate  to  themfelves  divine  Jurifdi&ion 
over   fhem,    which  is  the  crime  of  High  Treafon  and 
true  Tyranny,    for   which   occafion    the  Lord  hath 
grievoafly  punifhed  even  the  Tagan  Kings  themfelves.  It 
then  becomes  thofe  Princes  that  will  free  themfelves  from 
fo  enormous  a  mifchief,  carefully  to  diitinguifh  their 
jurifdiftion  from  that  of  Gods,  vea,  fo  much  the  more 
cfrcumfpe£tly-for  that  God  and  the  Prince  have  their 
right  of  Authority  over  one  and  the  fame  Land,over  one 
and  the  fame  man,  ever  one  and  the  fame  thing  ^  man  is 
compofed  of  Body  and  Soul,    God  hath  formed  the 
Body  and  infufed  the  Soul  into  him,  to  him  only  then 
may  be  attributed,   and  appropriated  the  commands 
both  over   the  Body  and  Soul  of  man.    If  out  of  his 
rneer  grace  and    favour  he  hath  permitted  Kings  to 
employ  both  the  Bodies  and  goods  of  their  Subjeds, 
yet  (till  with  this  provifo  and  charge,  that  they  perferve 
and  defend  their   Subjects  ;  certainly  Kings   ought  to 
think  that  the  ufe  of  this  Authority  is  in  fuch  manner 
permitted,  that  notwithstanding  the  abufeof  it  isabfo- 
lutely  forbidden  :  Firfl:,  thofe  which  confefs  that  they 
hold  their  Souls  and  lives  of  God,  as  they  ought  to 
acknowledge,  they  have  then  no  right  to  impofe  any 
tribute  upon  Souls.     The  King  takes  tribute  and  cuftom 
of  the  Bcidy,  and  of  fuch  things  as  areacquired  or  gained 
by  the  induflry  and  Travel  of  the  Body,  God  doth 
principally  cxa^t  his  right  from  the  Soul,  which  alfo  in 
part  executes  her  functions  by  the  Body.  In  the  tribute 
of  the  King  are  comprehended  the  Fruits  of  the  Earth, 
the  contributions  cf  money,  and  other  charges,  both 
real  arid  perfonal;  the  tribute  of  God  is  in  Prayers,  Sa- 
Cramer^  Predications  of  the  pure  word  .of  God ;  briefly 
all  that  which  is  called  divine  fcrvice,  as  well  private  as 
publick;  thefe  two  tributes  are  in  fuch  manner  divers 
-anddiltinguifhed,  that  the  one  hurts  nothing  the  other, 

the 


(  15) 

the  Exchequer  of  God  takes  nothing  from  that  otCffar, 
but  each  of  them  have  their   right  mamfcftly  a  parr. 
But  to  fpeak  in  a  word,    whoibever  confounds  thefe 
things,   doth  Heaven  and  Earth  together,  and  endea- 
vours to  reduce  rhem  into  their  filft  chaos,  or  latter  con-  i  Chron.  26. 
fufion.  David  hath  excellently  well  dlftinguifhed  thefe  29- 
affairs,  ordaining  CrTccrs  to  lock  to  the  right  of  God,  ^  Chron.  19. 
and  others  for  that  of  the  King.    Joj'efhat  hath  followed 
the  lame  courfe,  cftabiiffiing  certain  per  ions  tojudgthc 
caufes  that  belonged  to  the  Almighty,  and  ethers  to 
look  to  the  juftice  cfthe  Kings  the  one  to  maintain  the 
pure  fe;vicc  of  God,  the  other  to  preferve  the  rights  of 
the  King.     But  if  a  Prince  ufurpe  the  right  of  God,  and 
put  himielf  forward  after  the  manner  of  the  Giants  to 
feale  the  Heavens,  he  is  no  lefs  guilty  of  High  Treafon 
to  his  Sovereign,  and  commits  Feiony  in  the  fame  man- 
ner, as  if  one  of  his  vafTals  fhould  ieize  on  the  rights  of 
his  Crcwn,  and  puts  himfelf  into  evident  danger  to  be 
difpoiled  of  his  Eftatcs,   and  that  fo  much  the  more 
jufily,  there  being  no  proportion  between  God  and  an 
earthly  King,  between  the  Almighty  and  a  mortal  man? 
whereas  yet  between  the  Lord  and  the  VafTel  there  is 
fome  relation  of  proportion.    So  often  therefore  as  any 
Prince  (hall  fo  much  forget  himfeif,  as  infolcntly  to  (ay 
in  his  heart  I  will  alcend  into  Heaven,  I  will  exalt  my 
Tyrone  above  the  Stars   cf  God  :  I   will  fit  alio  upon 
the  mount  of  the  congregation  in  the  fides  of  the  North  ; 
I  will  afcer.d  above  the  heights  of  the  Clouds,  Iwili  be 
Jikethe  mofl  high.  But  on  the  contrary,  will  the  A1-  Efaiv  14*  |3« 
mighty  fay  I  will  rife  up  more  high  ,  1  will  fet  my  felf  I4' 
againft  thee  ;  1  will  raze  out  thy  name  and  all  thy  po- 
fterity,  thy  comrels  (hall  vanifli  into  fmoak  ,  but  that  _ 
which  I  have  once  determined  (hall  remain  firm,  and  ne-  8f&Ct  5*  aiu 
ver  be  annihilated.    The  Lord  faid  unto  Pharaoh,  let  my 
feofle  go,  that  they  may  femx  me,  and  offer  jacrifice  unto 
vie,  and  for  that  this  proud  mananiV.ered,  thet  he  knew 
not  the  God  of  the  Hebrtm  ,  pr'efently  after  he  was  mi-  Dan#  ,  .  and 
ferably  deftroyed.  Nebuchadnezzar  commanded  that  his  4.25/&C. 
ftatue  fhould  be  anored,and  would  be  honoured  as  God, 

but 


but  within  a  fhort  time  the  true  God  did  defervediy  ch&- 
ftife  his  unruly  boldnefs,  and  defiling  to  be  accounted 
God,  he  became  a  brute  beaft,  wandring  through  de- 
Dan,  5.  2.  fart  places  like  a  wild  Afs,  until  (faith  the  Prophet)that 
he  acknowledged  the  God  of  Ifraelzo  be  the  Soveraign 
Lord  over  all,  his  Son  Beljbafer  abufedthe  holy  vcilels 
of  the  Temple  in  Jerujalm ,  and  put  them  to  ferve  his 
excefsand  drunkennefs ;  for  that  therefore  he  gave  not 
glory  to  him ,  that  held  in  his  hands  both  his  Soul  and 
his  counfels ,  he  joft  his  Kingdom,  and  was  {lain  in  that 
very  night  of  his  feaftirg.  Alexander  theGreat3tookplea- 
furein  t  he  lies  of  his  Flatterers,  who  termed  him  the 
Son  of  y«/w«",and  not  only  approv'd,  but  prccurVl  his 
adoration,  but  a  fudden  death  gave  a  fad  Period  to  thofc 
1  Macha.  1.  triumphs,  being  blinded  through  his  excefs  of  conquefls 
45-  began  with  too  much  affctlion ,  to  delight  in  Amtochus, 

under  colour  of  pacifying  and  uniting  his  fuhjeds,  com- 
manded all  men  to  forlake  the  Laws  ot  Gcd ,  and  to 
apply  thcmfeSvcs  in  obedience  to  his;  he  prophaned  the 
Temple  of  the  Jews ,  and  polluted  their  Altai  s, but  after 
divers  ruins,defeats  and  lofs  of  battles,  difpoyled  and  di(- 
Mac.  6.12,13.  graced,  he  dyes  with  grief,  confeiling  that  he  defervediy 
fuffered  thole  miferies,  becaufe  he  would  have  conftrai- 
ned  the  Jews  to  leave  their  Religion.  If  we  take  into 
our  confederation  the  death  of  Nifra,  that  ii  human  But- 
cherer  of  Chrifh'an$,whom  he.nr.juftly  fiandercd  witltthc 
firing  of  Row^being  the  abhorred  A&L  of  his  dcteftcd 
felf.  The  end  of  Caligula^  which  made  himfclf  to  be 
adored,  of  Domitian  which  would  be  called  Lord  and 
God,  of  Cwimodus,  and  divers  others  which  w<  uld  ap- 
propriate to  themfelves  the  honours  due  to  God  alone, 
we  fliall  find  that  they  have  all  and  always  according  to 
their  deceits  milerably  pet ifhed  ;  when  on  the  contrary, 
Trajan,  Adrian,  Antonio*  the  courteous  and  others,  have 
hnifhed  their  days  in  peace  ;  for  although  they  knew  m  t 
the  true  God ,  yet  have  they  permitted  the  Chriftians 
the  exercifcof  their  Religion.  Briefly  even  as  thofc  re- 
bellious Vaflals  which  endeavour  to  polTefs  themfelves  of 
the  Kingdom  ,  do  commit  Felony  by  the  Teftimony  of 

all 


(  i7) 
all  Laws,  and  dcfcrvc  to  be  extirpated  •,  in  like  manner 
thofe  are  as  really  guilty  which  will  not  bbferve  the 
Divine  Law,  whereunto  all  men  without  exception  owe 
their  obedience,  or  which  per fecutc  thofe  that  defire  to 
conform  thcmfelves  thereunto,  without,  hearing  them 
in  their  jufl  defences ;  now  for  that  we  fee  that  God  in- 
verts Kings  into  their  Kingdoms,  almoft  in  the  fame 
manner  that  vafTals  are  invaded  into  their  fees  by 
their  Soveraign,  we  muft  needs  conclude,  that  Kings  are 
the  vafTals  ot  God,  and  deferve  to  be  deprived  of  the 
benefit  they  receive  from  their  Lord  if  they  commit 
Felony,  in  the  fame  fafhion  as  rebellious  vafTals  are  of 
their  Effaces.  1  hefe  premifes  being  allowed  ,  this 
queftion  may  be  eafily  refolved  ;  for  if  God  hold  the 
place  of  Soveraign  Lord,  and  the  King  as  Vaflal:  who 
dare  deny  but  that  we  muft  rather  obey  the  Soveraign 
than  the  VaiTal  ?  It  God  commands  one  thing,  and  the 
King  commands  the  contrary,  what  is  that  proud  man 
that  would  term  him  a  Rebel  which  refufcth  to  obey  the 
King ,  when  elfe  he  muftdifobey  God.  But  on  the  con- 
trary he  fhould  rather  be  condemned,  and  held  for  truly 
rebellious,  which  omits  to  obey  God,  or  which  will  obey 
theKing,when  he  forbids  himto  yeild  Obedience  toGod. 
Briefly,  i(.  God  calls  us  on  the  one  fide  to  enrole  us  in  his  ^ 

Service,  and  the  King  on  the  other,  is  any  man  fo  void 
of  reafon  as  he  will  not  fay  we  muft  leave  the  King,and 
apply  our  felves  to  Gods  Service :  fo  far  be  it  from  us  to 
believe,  that  we  are  bound  to  obey  a  King,  command- 
ing any  thing  contrary  to  the  Law  of  God,  thatcontra- 
rily  in  obeying  him  we  become  Rebels  toGod  -,no  more, 
nor  lefs  than  we  would  efteem  a  Countrey-man  a  Rebel, 
which  for  the  Love  he  bears  to  fome  rich  and  antientin- 
feriour  Lord  ,  would  bear  Arms  againft  the  Soveraign 
Prince,  cr  which  had  rather  obey  the  Writs  of  an  Inte- 
rior Judg  than  of  a  Superior ,  the  Commandments  of 
a  Lieutenant,  of  a  Province,  than  of  a  Prince  ;  to  be 
brief,the  Directions  of  an  Officer  rather  than  the  exprefs 
Ordinances  of  the  King  himfelf.  In  doing  this  we  juft- 
ly  incur  the  malediction  of  the  Prophet  Micb.i ,  which  Mich.  6.  is. 
doth  deteft  and  curfe  in  the  name  of  God  all  thofe 

D  which 


r  18 ) 

which  obey  the  wicked  and  perverfeOrdinances  ofKings. 
By  the  Law  of  Gad  we  uncierflaod  the  two  Tables given 
jo  Mofes,  in  the  which,  as  in  unremoveable  bounds  the 
authority  of  all  Princes  ought  to  be  fixed.The  fir{t  com- 
prehends that  which  we  owe  to  God,  the  fecond  thac 
wh'ch  we  mui'tdo  to  our  Neighbours;  briefly  ,chev  con- 
tain Piety  and  Jufticc  conjoyned  with  Charity,  Irom 
which  the  Preaching  oi:  the  Gofpel  roth  not  derogate, 
but-  rather  authorize avid  confirm.-  The  fvrfc  Tablets  c- 
fccned  the  Principal,  as  well  in  order  a?  in  dignity,  it 
the  Prince  commands  to  cut  the  throat  of  an  innoccnr, 
to  pillage  and  commit  extonhn,  there  is  no  man  (provi- 
ded he  have  Torn e  feeling  of  Conscience)  that  would  ex- 
ecute fuch  a  Commandment.  If  the  Prince  have  com- 
mitted fome  Crime,  as  Adultery.  Parracide,  or  ibme  o- 
thcr  wickednefs,  benold  amonnu  the  H^httytfoi&t- 
vedLa.vyer  Papinian  which  will  reprove  Carac.illa  to  his 
{ace,andhad  rather  dyz  than  obey,  when  his  cruelPrince 
commands  him  to  lie  and  palliate  his  Offence  5  nay}  al- 
though he  threaten  him  with  a  terrible  death,  yet  would 
he  not  bear  falfe  witnefs  •,  what  (hall  we  then  do,  if  the 
Prince  command  us  to  be  Idolaters ,  if  he  would  have  us 
again  crucifte  Chrifl  Jefus,  if  heenjoyns  to  blalpheme 
and  dcipite  God,  and  to  drive  him  0  it  were  poffiblc) 
out  of  Heaven,  is  there  not  yet  rmrereafon  to  difobey 
him,  than  to  yield  obedience  to  fuch  extravagant  com- 
mands: Yet  a  little  farther,  feeing  it  is  not  fuflkicntto 
abftain  from  evil,  but  that  we  muft  do  good,  inftcad  of 
worshipping  of  Idols,  we  muft  adore  and  ferve  the  true 
God,  according  as  he  hath  commanded  us,  and  inftead 
of  bending  our  knees  before  Baal,  we  muft  render  to  the 
Lord  the  honour  and  fervice  which  he  requires  of  us : 
For  we  are  bound  to  ferve  Gvd  for  his  own  lake  only ; 
but  we  honour  our  Prince,  and  love  our  Neighbour,  be- 
caufe  and  foe  the  Love  of  God.  Now  if  it  be  ill  done 
to  offend  our  Neighbour  ,  and  if  it  be  a  capital  Crime 
to  rife  againft  our  Prince,  how  fhall  we  intitle  thofc  that 
rife  in  rebellion  againft  the  Majeity  of  the  Soveraign 
Lord  of  all  Mankind*,  briefly,  as  it  is  a  thing  much 

more 


( r9 ) 

more  grievous  to  c fad  the  Creator,  than  the  creature, 
Man,  than  the  Image  he  reprelentsj  and  as  in  Terms  of 
Law,  he  that  hath  wounded  the  proper  Perfonoi  a  King, 
is  much  more  culpable ,  than  another  that  bath  only 
broken  the  Statue  credted  in  his  Memory ;  Co  there  is  no 
quefiion,  but  a  much  more  terrible  puniilrr.ert  is  prepa- 
red for  them,  which  infring  thefitft  Tabae  of  the  Law, 
than  for  thofc  which  only  fin  againfl:  the  fecond,aithough 
thaone  depend  of   the  ether;  whereupon  it  fdlows  fto 
fpeak  by  companion,)  that  we  muft  take   more  careful 
regard  to  the  Cbfervation  of  the  fir  ft  than  of  the  fecend. 
Furthermore,  our  Progenitors  Examples  may  teach  us 
the  Rule  we  muft  follow  in  this  C  afe.    King  Ahab  at    . 
the  Irrigation  of  his  Wife  Jefdel,kilkd  all  the  Prophets 
and  Servants  of  God'that  could  be  taken,  not  withftand-     „. 
ing  Abdias  Steward  of  Abab's  Houfe  did  both  hide  and  l  King' lt'^ 
feed  in  a  Cave  a  hundred  Prophets,  the  excufe  for  this  is 
foon  ready  ;  in  obligations,oblige  they  never  fo  nearly, 
the  Divine  Majefty  muft  always  be  excepted.    The  Tame 
Abab  en joyned  all  Men  to  facrifice  to  Baal.  Elias  inftead 
of  cooling  or  relenting  did  reprove  more  freely    the 
King,  and  all  the  People,  convinced  the  Priefts  of  Baal  of 
their  Jm piety,  and  caufed  them  to  be  executed.    Then 
indefpite  of  that  wicked  and  furious  Jefabel,  and  maugre 
that  uxorious  King,  he  doth  redrefs  and  reform  with  a 
Divine  and  Powerful  Endeavour  the  Service  of  the  true  xKing.iJ.t5 
God.    When  Ahab  reproached  him  (as  the  Princes  of 
our  times  do)  that  he  troubled  Ifrael,  that  he  was  re- 
bellious, feditious,  Titles  wherewith  they  are  ordinarily 
charged,  which  are  no  way  cu^pble  thereof;  nay,  but 
it  is  thou  thy  felf,anfwered  £//£$,  which  by  thy  Apoftailc 
hath  troubled  Ijrael,  which  hath  left  the -Lord  the  true 
God,  to  acquaint  thy  felf  with  ftr?nge  Gods  his  Ene-  Dan.  3. 18. 
mies,  in  the  fame  manner  and  by  the  leading  and  di-  and  6. 10. 13* 
reclson   of   the  fame  fpirit  did-Sidrac  Mifacl^  and  A-  Act.  4. 19. 
bedntgo  rcf .rfe  to  obey  Nebucbadxezar,   Darnel  Darius,  Pbih  fudeus 
Eleaz-ar  Antiochns,  and  infinit  others.    After  the  com-  inhisdifcourfe 
ingofJefusChrift,   it  being  forbidden  the  Apoftles  to  ° ^SJJ 
preach  the  Gofpel.    Judge  ye,  (faid  they)  whether  it  be  s.AmirS^ia 
D  2  reafonable  theEpift.  33 


(  *>) 

reafonable  as  in  the  fight  of  God  to  obey  men,  rather 
then  God ;  according  to  this  the  ApohMes,  not  regarding 
neither  the  intendments  nor  defigns  of  the  greatnefs  of 
the  World-,   adreffed  thcmfelves   readily  to  do  that 
which  their  Matter  Jefus  Chriit  had  commanded  them. 
The  Jews  themfelves   would  not  permit  that  there 
(hould  be  fet  up  in  the  Temple  at  Jerufalem  the  Eagle 
of  Silver,  nor  the  ftatue  of  Caligula:  what  did  Ambrofc 
when  the  Emptvour  Valentinian  commanded  him  to  give 
the  Temple  at  Mi  Han  to  the  Arriam  ?  Thy  Councilors 
and  Captains'  are  come  unto  me,  fa  id  he,  to  make  me 
fpeedily  deli'ver  the  Temple,  faying  it  was  done  by  the  Aw 
•  thority  and  command  of  the  Emperor,  and  that  all  things 
are  in  his  porter.    I  anfwercd  to  it,  That  if  he  demanded 
that  which  is  mine,  to  wit,  mine  inheritance,  my  Money, 
1  would  not  in  any  fort  refufe  it  bim,  although  all  my  goods 
belong  properly  to  the  poor,  but  the  things  divine  are  not 
in  fubjecHon  to  the  power  of  the  Emperor.    What  do  we 
chink  that  this  Holy  Man  would  have  anfwered,  if  he 
had  been  demanded  whether  the  living  Temple  of  the 
Lord  fhould  be  enthrawled  to  theilavery  of  Idols.  Thefe 
Examples,  and  the  conftancy  of  a  Million  of  Martyrs, 
which  were  Glorious  in  their  deaths,  for  not  yeilding 
obedience  in  this  kind,  according  as  the  Ecclefiaftical 
Hiftories,    which  are  full  of  them,    do  demonftrate, 
/  may  fufficiently  ferve  for  an  exprefs  Law  m  this  cafe. 
But  for  all  this  we  have  no  want  of  a  Law  formerly 
written :  For  as  often,  and  ever  as  the  Apoftles  admo- 
nifh  Christians  to  obeyKings  and  Magistrates,  they  do 
firft  exhort,  and  as  if%ere  by  way  of  advice,  admonifh 
every  one  to  fubjeet  himfelf  in  like  manner  to  God, 
and  to  obey  him  before  and  againft  any  whatfoever, 
and  there  is  no   where  to  be  found,    in  any  of  their 
writings,  the  leaft  pafTage  for  this  unlimitted  obedi- 
ence, which  the  flatterers  of  Princes  do  exafrtrom  men 
of  fmall  undcrfiandings.    Let  every  foul,  faith  Saint  Paul, 
Rem.  13. 1.  befubjeB  to  the  higher  powers,  for  there  is  no  pwer  but 
of  God:  he  makes  mention  of  every  Soul,  to  the  end 
tt  may  not  be  thought,  that  he  would   exempt  any 

from 


(   «) 

from  this  fubje&ion  ;   we  may  eafily  gather  by  divers 

fuch  Speeches,  that  we  mud  obey  God  rather  than  the 

King :  For  it  we  obey  the  King,  becaufe,  .and  for  the 

love   of  God  certainly   this  obedience  may  not  be  a 

confpiracy  againft  God :  But  the  Apoftle  will  ftop  the 

gap  to  all  ambiguity  in  adding  that  the  Prince  is  the 

Servant  of  God  for  our  good,  to  wit,    to  do  juftice; 

from  this  neceflarily  follows  that  which  we  come  from 

touching,  that  we  mud  rather  obey  God  then  him  who 

•  is  his  Servant  .-  This  doth  not  yet  content  Saint  Paul 

for  he  adds  in  the  end,  Give  tribute,  honour ',   and  fear  Math.  22.21 

to  whom  they  appertain,  as  if  he  fhouLl  fay,  that  which  ipet.2.17.18. 

was  alledged   by  Chrift,    Give  to  Cafar  that  which  is 

C<efars,  and  to  God  that  which  is  Gods  '•  To  Cefar  tribute, 

and  honour ;  to  God  fear.    Saint  Peter  faith  the  lame, 

fear  Godt  honour  the  King ;  Sevants  obey  your  Majlers  not 

only  the  good  and  kind ,  but  alfo  the  rigorous,  we  mull: 

practice  thefe  precepts  according  to  the  order  they  are 

let  down  in  :  to  wit,  that  as  fervants  are  not  bound  to 

obey  their  Matters  if  they  command  any  thing  which 

is  againft  the  Laws  and  ordinances  of  Kings:  Subjects 

in  like  manner  owe  no  obedience  to  Kings  which  will 

make  them  to  violate  the  Law  of  God. 

Certain  lend  companions  object,  that  even  in  the  things  ^Object: 
thernfdves  that  concern  the  Conscience  we  muft  obey  Kings, 
and  are  jofhamelefs  as  to  produce  for  witnefs  of  jo  wicked 
an  opinion  the  Apoftle  Saint  Peter  and  Saint  Paul,  con- 
cluding from  hence,  that  wemuftyeild  obedience  to  all  that 
the  King  fhall  ordain,  though  it  be  to  imbrace,  without 
reply,  any  Super ftition  he  fhall  pleafe  to  eflablifh.  But 
there  is  no  man  fo  grofly  void  of  Senfe,  that  fees  not 
the  impiety  of  thefe  men,  we  reply  :  that  Saint  Paul 
faith  in  exprefs  terms,  we  muft  be  fubjeft  to  Princes, 
-not  only  for  wrath,  but  alfo  for  confeience  fake.  In 
oppofing  confeience  to  wrath,  it  is  as  much  as  if  the  Rom*  K  3*** 
Apoftle  had  laid,  that  the  obedience  of  which  he 
fpeaks  ought  not  to  proceed  for  fear  of  punifhment,  but 
from  the  love  of  God,  and  from  the  reverence  which 
we  are  bound  to -bear  unto  the  word*  in  the  fameSence 

Saint. 


(   22) 

S:.Paul  enjoy neth  Servants  in  fuch  manner  to  obey  their 
Matters,  that  it  be  not  with  eye  fer'vice  for  fear  of 
Col.  3.  22.  ftripjs,  but  In  finglenefs  of  Heart,  fearing  God,  not 
(imply,  to  acquire  the  favour  of  men,  whom  they  may 
delude,  but  to  bear  the  burden  laid  on  their  Shoulders, 
by  him  whom  no  man  can  deceive. 

In  brief  there  is  manifeft  difference  between  thefc 
two  manners  of  Speech,  to  obey  for  Confcience  fake, 
and  to  obey  in  thofe  things  which  concern  the  Con- 
fcience .-  otherways  thofe  which  had  much  rather  loofe 
their  Lives  with  infinite  Torments  then  obey  Princes 
which  command  them  things  contrary  to  the  will  of 
God,  would  have  taught  us  that  which  thefc  feek  to 

2  Object.  perfwade  us  to.  Neither  do  they  cxprefs  themfclvcs 
lefs  impudent  in  that  which  they  are  accuftomed  to 
objeel:  to  thofe  which  are  not  fo  well  able'  to  anfwer 
them.  That  Obedience  is  better  than  Sacrifice,  for 
there  is  no  Text  in  Holy  Writ  that  doth  more  evident- 
ly confound  them  then  this,which  is  contained  in  Samuels 

1 5am.  1  «5-22.  repre'n€rifion  0f  King  Saul,  for  his  Difobedier.ee  to  the 

Commandment  of  God,  in.  Sacrificing  unfittingly.     If 
then  Saul  although  he  were  a  King  ought  to  obey  God, 
it  follows  in  all  good  confequence  that  Subjects  are  not 
bound  to  obey  their  King  by  offending  of  God.  Briefly, 
thofe  (wh;ch  afcer  the  barbarous  manner  of  the  Men 
oi'Cdcuf)  feek  to;  inthrai  the  Service  of  God  with  a 
neceflary  dependance  on  the  will  of  a  mutable  Man, 
ancT  Religion  of   the  good   pleafure  of  the  King,  as  if 
he  were  forhc  God  on  Earth,  they  doubtlefs little  value 
the  Tefh'mony  of  Holy  Writ.    But  let  them  fat  the 
Cicero  in  the  l«aft)  yer   learn  of  a' Heathen  Orator.    "That  in  every 
firft  book  of  publicist  ate,  there  is  certain   degrees  of  Duty,  for  thofe 
offic  th.H  converje  and  li~'e  in  it,  by  which  may  appear  rehire- 

tn  theme  are  obliged  to  the  other.     Infomuch  that  thefirfi 
part  of  this  Duty  belongs  to  the  immortal  God,  the  jecond 
Concern  the    Country,  rrhich  is  their    common  Mother, 
,.  the  t'ird,  thofe  which  are  of  our  Blood,   the  other  parts 

Jul' ma ieft.     leaning  wsftepby  flep  D  our  other  Neighbours,     blow  al- 
Digeft.  tho"fh  the  Crime  of  High  Treafon  be  very  heinous,  yet  ac- 

cording 


c  ^ ) 

cording  to  the  Chilians,  it  always  follows  after  Sacriledge, 
an  Offence  which  properly  Jertam  U  the  Lord  God  and 
his  Service,  infornuch  that  they  do  confidently  affirm., 
that  the  robbing  of  a  Church,  is  by  their  rules  ejleetned,  a 
greater  Crime^  than  t)_  Confpire  againfi  the  Life  of  a 
Prince.  Thus  much  for  this  fixfi  Qjicftion,  wherein 
we  per fwadc  our  (elves,  that  any  Man  "may  receive 
fatisfadtion,  if  he  be  not  utterly  void  of  the  feat  of  Gcci. 


The  Second  Q.'rfh'cn. 
Whsther  it  he  lawfd  to  rcfift  a  Vrrnce  nvhice  dot1)  infring 
the-  Law  of  0:-d,  or  mine  his  Chrrch,  ly  whom,  how 
and  h)w  far  it  k  lawful  \ 

THis   Qncftion   {zz?:s    at  the  fir  ft  view  to  be  of  a 
high  and  circuit  Nature*,  for  fo  much  ^  there 
being  lmail   occafton"  to    (peak  to    Princes   that  fear 
God:  On  the  contrary,  din'e  will  be  much  danger  to 
tronbie  the  ears  o(  thole  which  acknowledge  no  other 
Sovereign  but  themfeives,  for  which  reafon  few  or  none 
have  mcdlcd'with  k^  and  if  any  have  at  all  touched  i:^ 
rt  hath  been  but  as  k  were  in  palling  by.    The  Qiiefh'on 
is,  If  it  Le  lawful  to  refi\l  a  Pnnce  violating  the  Lav  of 
God,  or  ruinating  the  Ctrrrch,    or  hindring  the  refioring 
.of  tt  ?  if  we  hold  our  felves  to  the  Tenure  cf  the  Hojy 
So  ipture  it  will  refolye  us.   For,  if  in  this  cafe  k  have 
been iawful^o    the  Jewifh  People  (the  which   may  be. 
eafily  gathered  from  the  Books  of  the  Old  Teftament) 
)7ea,  if  k  have  been  injoyned  them,  I  believe  it  will 
not  bedenved,  that  the  fame  mult  be  allowed    to  the 
whole  per  pie  of  any  ChrifHan   Kingdom  or  Country 
whatkever.   'In  the  fivft  place  ft  muft  be  considered, 
that  God    having  chofen  Ifrael  from   amongfl  all  the 
Nat  ons  of  the  Earth,to  be  a  pec^inr  People  to  him,  and 
covenanted  wirh  them,  that  they  Should  be  the  people  of 
God.This  is  written  in  divers  places  of  Deuteronomy  ••  the  Deut.  7.  <5« 
fubftance  and  tenor  of  this  alliance  was,  "That  all  ft  odd  and  14,  2. 
be  careful  in  their  fiver al   lines,  tribes,  and  families  in 

the 


04  } 

the  Land  of  Canaanjo  ferve  God  purely,  who  would  have 
a  Church  eflablifhed  amongjl  them  for  ever,which  may  be 
drawn  from  the  teftimony  of  divers  places,  namely  that 
which  is  contained  in  the  2J  Chap.  oiVe-iteronomy^  there 
Mofts  and  the  Levites   covenanting  as  in  the  name  of 
God,afTembkd  all  the  people,  and  laid  unto  them;  This 
day.  Oh  Ifrael  art  thou  become  the  people  of  God,  obey 
you  therefore  his  voice  &C  AndMofes  /aid,  when  thou  hak 
pajfed  the  River  of  Jordan,  thou'fhalt  jet  fix  Tribes  on  the 
mountain  of  Gerizzim  on  the  one  fide,  and  the  fix  other  on 
the  Mountain  of  Eball,  and  then  the  Levites  fhall  read  the 
Law  of^  God  ,  promijing   the  Obfervers  all  felicity  ,  and 
threatning  wo  and  deflruction  to  the  breakers  thereof,  and  all 
the  People  fhall  anfwer,  Amen.  The  which  was  afterwards 
performed  by  Jofhua,   at  his  cntring  into  tha  Land  of 
jof.  $.24.and  Canaan,  and  ibme  tew  days  before   his  death.     We  fee 
34.  20,  &c.     by  this  that  all  the  People  is  bound  ^0  maintain  the 
Law  of  God  to  perfect  his  Church  .•  and  on  the  contra- 
ry to  exterminate  the  Idols  of  the  Land  of  Canaan,  a 
Covenant  which  can  no  ways  appertain  to  particulars, 
but  only  to  the  whole  body  of  the  People.    To  which 
alfo  it  ieems  the  incamping  of  all  the  Tribes  round  a- 
bout  the  Ark  of  the  Lord,to  have  reference,  to  the  end 
that  all  (houldlookto  the  prefervation  of  that  which 
v/as  committed  to  thecuftody  of  all.    Now  fortheufe 
and  pradTife  of  this  Covenant  we  may  produce  exam- 
ples, the  Inhabitants  of  Gabaa  of  the  Tribe  of  Benja- 
min ravifhed  the  Wife  of  zLevite,  which  dyed  through 
Judg.  L9.20.  their  violence.  The  Levite  divided  his  Wife  into  twelve 
pieces,and  fentthem  to  the  twelve  Tribes,to  the  en  1  that 
all  the  People  together  might  wipeaway  this  fo  horrible 
a  crime  committed  in  Ifrael     All  the  People  met  toge- 
ther at  Miz.fah  and-  required  the  B:niamites  to  deliver  to 
be  punifhed  thofe  that  were  culpable  of  this  enormous 
Ctimc,which  they  refufed  to  per  form, wherefore  with  the 
allowanceof  God  himfclf,  the  States  of  the  People  with 
an  univerfal  con  lent  rcnour.ee  and  make  War  againft  the 
Benjj.mites  ,  and  by  this  means  the  authority  of  the  fc- 
•cond  Table  of  the  Law  was  maintained  by  the  detriment: 

and 


( *? ) 

and  mine  cf  one  entire  Tribe  which  had  broken  it 
In  one  of  the  precepts.  For  the  firft  we  have  an  example 
fufficiently  manifdl  in  Jojbua.  After  that  the  Rukenites,  *0£  22^ 
Gadites,  and  Manajjites  were  returned  into  their  dwel- 
lings beyond  Jordan,  they  incontinently  built  a  goodly 
Altar  near  Unto  the  River,  this  feems  to  contrary  the 
Commandment  of  the  Lord,  who  exprefly  forbids 
to  Sacrifice  any  where  but  in  the  Land  of  Canaan  only, 
wherefore  it  was  to  be  feared  leaft  thefe  men  intended 
to  ferve  Idols.  This  bufinefs  being  communicated  to 
the  People,  inhabiting  on  this  fide  Jordan  :  the  place 
alligned  for  the  meetings  of  the  States  was  at  Silo  where 
the  Ark  of  the  Lord  was.  They  all  accordingly  met, 
and  Pbineat  the  High-Prieft  the  Son  oiEkazar  was  fent 
to  the  other  to  treat  with  them  concerning  this  offence 
committed  againft  the  Law  :  And  to  the  end  they  might 
know  all  the  people  had  a  hand  in  this  bufinefs,  they 
fent  alfo  the  principal  men  of  every  Tribe  to  com- 
plain that  the  fervice  of  God  is  corrupted,by  this  devife, 
that  God  would  be  provoked  by  this  rebellion,  and  be- 
come an  Enemy,  not  only  to  the  guilty,  but  alfo  to  all 
Ifrael,  as  heretofore  in  Betlfkegor.  Briefly,  that  they 
fhould  denounce  open  War  againft  them,  if  they  defi- 
ned not  from  this  their  manner  of  doing  :  There  muft 
of  neceffity  have  followed  much  mifchief ,  if  thofc 
Tribes  beyond  Jordan  had  not  protefted  ,  that  they  e- 
redtedthat  Altar  only  for  a  Memorial  that  the  Ifraelites 
both  on  the  one  and  the  other  fide  of  Jordan,  both  did 
and  do  profefs  one  and  the  fame  Religion  ,  and  at  all 
times  whensoever  they  have  fhewed  themfelves  negli- 
gent in  the  maintenance  of  the  Service  of  God,  we  have 
feen  that  they  have  ever  been  punifhed  :  this  is  the  true 
caufe  wherefore  they  loft  two  battles  againft  the  Benja- 
wites  according  as  it  appears  in  the  end  of  the  Book  of 
Judgei  j  for  in  fo  carefully  undertaking  to  punifli  the  rape 
and  outrage  done  to  a  particular  perfon  ,  they  clearly 
convinced  themfelves  of  much  negligent  Prophanefs  in 
the  maintenance  of  Gods  right,  by  their  continual  ncg- 
ligence,  omiffion  to  punifh  both  corporal  and  fpiritual 

E  whore- 


whoredoms,  there  was  then  iti  thefe  fir{t  times  flich  a 
Covenant  between  God  and  the  People. 
A  covenant  Now  after  tha't  Kings  were  given  unto  the  People,there 
between  God  wasf0  ]{tlje  purpofc  of  dilannulling  or  disbanding  the 
the  people!"  *ormer  contraa ,  that  it  was  renewed  and  confirmed 
2  King.  ii*.  forever.  We  have  formerly  (aid  at  the  inaugurating 
17.  and  23.3.  of  Kings,  there  was  a  double  Covenant  treated  of,towir, 
between  God,  and  tie  Ring-,  and  between  God,  and  the 
'People.  The  agreement  was  firfi:  palled  between  God^ 
the  King,  and  the  People:  Or  between  the  HighPnefc 
the  People  (which  is  named  in  the  firft  place  in  rhe  2  3. 
Chapter  in  the  1  Book  of  the  Chronicles  J  and  the  King. 
The  intention  of  this  was,  that  the  People  jbodd  be  the 
2^hron.  23.  peopje  of  God  (which  is  as  much  as  to  fay)  that  the  Peo- 
ple fhould  be  the  Church  of  God,  we  have  fhewed  before 
to  what  end  God  contracted  Covenants  with  the  King.; 
Let  us  now  confider  wherefore  alfo  he  allies  himfelf 
with  the  People.  It  is  a  thing  molt  certain,  that  God 
hath  not  done  this  in  vain,  and  if  the  People  had  not 
authority  to  promife,  and  to  keep  promife,  it  were  vain^ 
lyloft  time  to  contract  or  covenant  with  them.  It  may 
feem  then  that  God  hath  done  like  thofe  creditors^ 
which  having  to  deal  with  not  very  fuflicient  borrowers, 
take  clivers  joyntly  bound  for  one  and  the  fame  Sum, 
infomuch  as  two  or  more  being  bound  one  for  another 
and  each  of  them  apart,  for  the  intire  payment  of  the 
total  Sum ,  he '  may  demand  his  whole  debt  oi  which  of 
them  he  pleafeth.  There  was  much  danger  to  commit 
the  cuftody  of  the  Church  to  one  Man  alone,  and  there- 
fore God  did  recommend,  and  put  it  in  truft  to  aH  the  Peo- 
ple :  The  King  being  railed  to  lb  ilippery  a  place  might 
eafily  be  corrupted ,  for  fear  leaft  the  Church' fhould 
/tumble  with  him  ,  God  would  have  the  People  alfo  to 
be  refppndents  for  it.  In  the  Covenant  of  which  we  fpeak 
God,  or  [in  his  place]  the  High- Priejl arc  ftipulator&.the 
King  and  all  the  People,  to  wit,  Ijrael,  do  joyntly  and 
voluntarily  aflume, promife  and  oblige  thcmfelves  for 
one  and  the  fame  thing.  The  High-Pried  demands  if 
they  promife ,  that  the  People  (hall  be  the  People  of 

God 


r  *7 ) 

God,that  God  (hall  always  have  his  Temple,his  Church 
amongft  them,  where  he  (hall  be  purely  ierved.     The 
King  is  refpondent,  To  alfo  are  the  People  (  the  whole 
Body  of  the  People  reprefentingasitwere  the  office  and 
Place  of  one  Manj  not  feveraliy,  but   pyntly,   as  the 
words  themfelves  make  clear,being  incontinent,and  not 
by  intermiffion  or  diftance  of  time  the  one  after  the  other.     Mort„0  a'j 
We  fee  here  then  two  undertakers,the  King  and  Ifrael,  D'  de  ^\e\  ° 
which  by  confequentare  bound  one  for  another  and  each  com.  L.  finoa 
for  the  whole.    For  as  when  Gyasand  Tuius  have  pro-  finguii  c,  fi- 
miied  joyntly  to  pay  to  their  Creditor  Seiii  a  certain  c^erC*kPQ'  d; 
lum,  each  of  them   are  bound   for  himfelf  and  his  Ju^reis  2*and 
companion,  and  the  Creditor  may  demand  the  fum  of  3. feet.   1.  D. 
which  or   them  he  pleafeth.    In  the  like  manner  the  eodem. 
King  for  -himfelf,  and  Ifrael  for  it  fcif  are  bound  with 
all  <circumipe£tion  to  fee  chat  the  Church  be  not  damni- 
fied, '^  either  of  them  be  negligent  of  their  Covenant, 
God  may  juftly  demand  the  whole  of  which   of  the 
two  he  pleafeth,  and  the  more  probably  of  the  people 
Then  of  the  King,  and  f^r  that  many  cannot  fo  eafiiy 
flip  away  as  one,  and  have  better  means  to  difcharge 
the  debts  then  one  alone.    In  like  manner ;,  cus  when  two  j  cumpof.D. 
men  that  are  indebted,  effect 'ally  to  the  publick^Excbequer,  deceafib.  and 
the  one  is  in  fuck  manner  hound  for  the  other,  that  lie  can  ibidoctorcs. 
take  no  benefit  of  the  divifion  granted;  by  the  new  Confti- 
tutions  of  Juftiman :    So  Wqmfe  the  King  and  Ifrael  fro- 
mifing  to  fay  tribute  to  God,  which  is  the  King  of  Kings, 
for  accompli flrment  whereof,  the  one  is  obliged  for  the  other. 
And  as  two  Covenanters  by  fromije,  efpecial/y  in  contracts, 
4 he  obligation  whereof  exfofeth  the  Obligees  to  forfit ares  and  L.  cum  appa* 
hazards,  juch  as  this  is  here,   the^fitlings  of  the  one  in-  r?blt>.P-!0?p" 
daw  age  th  the  other:  fo  that  if  Ifrael  for  fake  their  God,  £' eodem?1* 
and  the  King  makes  no  account  of  it,  It  is  jiflly  guilty  of 
Ifraels  delinquency.    In  like  manner . if *  the  King  follow 
after  flrange  Gods,  and  not  content  U  be  feduced hm\elf, 
feeks  alfo  H  atirafi  his  S'ibjecis,  enlewouring  by  allme:.ns 
to  ruine  the  Church,  if  Ifrael  feek^  not  to  withdraw  him 
from  his  rebellion^  and  contain  him  within  the  limits  of  0- 
bedieme,    they  make  the  fault  of  their  King,  their   own 

E  2  tranfgrejfion         ' 


(  iS  ) 
tranfgrefjion.  Briefly,  as  when  there  is  danger  that  one 
of  the  debtors  by  cor. fuming  his  goods  may  be  dis- 
abled to  give  fatisfa£Hon,  the  other  muft  fatisfie  the 
creditors  who  ought  not  to  be  endamaged  ,   though 
one  of  his  debtors  have  ill  Husbanded  his  Eftate,  this 
ought  not  to  be  doubted  in  regard  of  //^/toward  their 
King,  and  of  the  King  towards  Ifrael  in  cafe   one  of 
them  apply  himfelf  to  the  Service  of  Idols,  or  break 
their  Covenant  in  any    other  fort,  the  one  of  them 
muft  pay  the  forfeiture  and  be  punifhed  for  the  other. 
Now  that  the  Covenants  of  which  we  at  this  time  treat , 
is  oF  this  Nature,  it  appears  alfo  by  other  TefKmonies 
of  Ho' y  Script ure.    5.W  being  cfhblifhed  King  of //>.«/, 
*  at2*  *  '     Samuel  Prieit  and  Prophet  of  the  Lord,  fpeaks  in  this 
manner  to  the  people.    Both  you  andyour  King  which 
is  over  youferve  the  Lord  your  God,  but  if  you  ferjlvere 
in  malice  (he  taxeth  them  of  malice  for  that  they  pre- 
ferred the  Government  of  a  Man  before  that  of  Godj 
you  and  your  King  fball  ferifh   He  adds  after  the  reafon, 
for  it  hath  fleajed  God  to  chufeyoufor  his  People.  You  fee 
here  both  the  parties  evidently  conjoyned  in  the  condi- 
tion and  the  Punifhment :  In  like  manner  ^/^King  of 
Judahj  by  the  Council  of  the  Prophet  Affary^  aflera- 
bleth  all  the  People  at  Jtrujalem,   to  wit,  Juda  and 
Benjamin^  to  enter  into  Covenant  with  God.    Thither 
came  alfo  divers  of  the  Tribe  of  Ephraim  Manaffes , 
2nd  Simeon,  which  were  come  thither  to  ferve  the  Lord 
according  to  his  own  ordinance  After  the  Sacrifices 
were  performed  according  to  the  Law,  the  Covenant 
was    contracted  in  thefe  terms,    iVhofoever  jhall  not 
call  upon  the  Lord  God  of  Ifrael,  be  he  the  leaft  or   the 
greateftj  let  him  dye  the  Death     In  making  mention  of 
the  greateft,  you  fee  that  the  King  himfeli  is  not  ex- 
cepted from  the  defigned  Punifhment. 
i  King.  23. 2.      But  who  may  punifh  the  King  (for  here  Is  queftion 
of  Corporal  and  Temporal  Punifhment  ?)  If  it  be  not 
the  whole  Body  of  the  People    to  whom  the  King 
Swearcth  and  obligeth  himfelf,  no  more  nor  lefs,  than 
the  people  do  to  the  King,   we  read  alfo  that  King 
2Chron4.2o.  Jofin  being  of  the  Age  of  twenty  and  five  Years,  to- 
gether 


(29   ) 

gethcr  with  the  whole  people,  doth  make  a  Covenant 
with  the  Lord,  the  King  and  the  People  prcmifing  to 
keep  the  Laws,  and  Ordinances  of  God,  and  even 
then  for  the  better  accomplifhing  of  the  Tenour  of 
this  agreement,  the  Idolatry  of  Baal  was  prefently  de- 
stroyed. If  any  will  more  exactly  turn  over  the  Holy 
Bible,  he  may  well  find  other  Teftimonies  to  this 
purpofe. 

But  to  what  purpofe  fhould  the  confent  of  the  people 
be  required,  wherefore  fhould  Ifrael  or  Juda  beexprefly 
bound  to  obferve  the  Law  of  God  ?  for  what  reafon 
fhould  they  promife  fo  folemnly  to  be  for  ever  the 
people  of  God  ?  If  it  be  denied,  by  the  fame  reafon 
that  they  had  any  Authority  from  God,  or,  power  to 
free  themfelves  from  perjury,  or  to  hinder  the  ruine 
of  the  Church.  For  to  what  end  fhould  it  fcrve  to  caufe 
the  people  to  promife  to  be  the  people  of  God,  i^  they 
mud,  and  are  bound  to  endure  and  fuffer  the  King  to 
draw  them  after  ftrange  Gods.  If  the  people  be  abfo- 
lutely  in  Bondage  wherefore  is  u  commanded  then,  to 
take  order  that  God  be  purely  ferved  ?  ii  it  be  fo  that 
they  cannot  properly  oblige  themfelves  to  God^  and  it- 
it  be  not  lawful  for  them  by  all  to  indeavour  the  accom- 
pli' ment  of  their  promife,  (hall  we  fay  that  God  hath 
made  an  agreement  with  them,  which  had  no  right 
neither  to  promife,  nor  to  keep  promife?  But  on  the 
contrary,  in  this  bufinefs  of  making  a  Covenant  with  L'  q  ^  ^' 
the  people,  God  would  openly  and  plainly  (how,  that  dereg.  jar. 
the  people  hath  tight  to  make,  hold,  and  accomplifh 
their  promifes  and  contracts.  For,  if  he  be  not  worthy 
to  be  hesrd  in  pubh'ck  Court  that  will  bargain  or  con- 
tract with  a  (lave,  or  one  that  is  under  tutillage,  (hall 
it  not  be  much  more  fhameful  to  lay  this  imputation- 
upon  the  Almighty,  that  he  fhould  contract  with  thofe 
which  had  no  power  to  perform  the  conditions  cove- 
nanted ?  But  for  this  occafion  it  was ,  that  when  the  • 
Kings  had  broken  their  Covenants,  the  Prophets  al=  . 
ways  addrefled  themfelves  to  the  Houfe  of  Juda  and 
Jacob,  and  to  Samaria,  to  advercife  them  of  their  du- 
ties, , 


(  30; 
-iks.  Furthermore,  they  required  the  people  that  they  not 
-only  with-draw  themfelves  from  facrifking  to  Baal,  but 
alfo  that  they  caff  down  his  Idol,  and  deftroy  his  Priefts 
and  fervice  j  yea,  even  maugre  the  King  himlelf.    For 
example,  Ah.\b  having  killed  the  Prophets  of  God,-  the 
Prophet  ElLvs  alTembleth  the  people,  and  as  it  were 
converged  the  Ef  rates,  and  doth  there  Tax,  reprehend, 
and  reprove  eveiy  onecf  them  \  the  people  at  his  ex- 
hortation do  take  and  put  to  Death  the  Priefts  of  Ba.iL 
And  for  fo  much  as  the  King  neglected  his  duty,  it 
behoved  Jfrael  more  carefully  to  discharge  theirs  with- 
out tumult,  not  rafhly,  but  by  tubih\  Authority -,  the 
Zilates  being  affembled,   and  the  equity  of  the  caufe 
orderly    debated,    and  fuflicicntly  cleared  before  they 
came  to  the   execution   of  juflicc.    On  the  contrary, 
fo  often,    and  always  when  Tfrael  hath  failed  to  op- 
pofe  their  King,  which  would  overthrow  the  Service 
of  God,  that  which  hath  been  formerly  faid  oi  the  two 
Debtors,    the  inability  and  ill  Husbandry  of  the  one 
doth   ever  prejudice  the  other,   the  fame  hapned  ro 
them  i   for  as  the  King  hath  been  punifhed  for  his  Ido- 
latry and  Ditloyalty,   the  people  have  alfo  been  cha- 
ftifed  for  their  negligence,  connivency,  and  ftupidity, 
and  it  hath  commonly  hapned,  that  the  Kings  have 
been  much  more  often  fwarved,  and  drawn  others  wirh 
them  then  the  people,    for  fo  much  as  ordinarily  the 
great  ones  mould  themfelves  into  the  Fafhion  of  the 
King,  and  the  people  conform  themfelves  in  Humors 
ro  thofethat  govern  them  :  to.be  Brief,  all  mere  uiual- 
ly  offend  after  the  Example  of  one,  then  that  one  will 
refoim  himfclf  as  he  iccdi  all  the  reft.     This  which 
we  fay  will  perhaps  appear  more  plainly  by  Examples; 
what  do  we  fuppofe  to  have  been  thecaufe  of  the  de- 
feat and  overthrow  of  the  Army  of  [frae!  with  their 
i  Sam.  31.  -  King  Sail.    Doth  God  correct  the  people  for  the  fins 
of  the  Prince?  Is  the  Child  beaten  iiftcad  of  the  Father? 
It  is  a  difcourfc  not  eafily  to  be  diverted,  fay  the  Civi- 
lians, to  maintain  that  the  Children  ftiould  bear  the 
Punifhmcnts  due  for  the  offences    of  their  Fathers  ; 
the  Laws  do  not  permit  that  any  one  (hall  fliffer  for  the 

wickcdnefs 


(31) 
wickednefs  of  another.     Now  God  forbid  chat  the  Judge 
of  all  the  World  (kith  Abraham)  fhould  deftroy  the  gSt*  *$ 
innocent  wich  the  guilty  :  On  the  contrary  (faith  the  2King.  14.  da 
Lord)  as  the  life  of  the  Father,  fo  the  life  of  the  Son  Ezech.  18.  20* 
is  in  my  hands ;   the  Fathers  fhail  not  be  put  to  Death 
ibr  the  Children,  neither  {hall  the  Children  be  put  to 
Death  for  the  Fathers ;    every   man  fhall  be  put  to 
Death  for  his  own  Sin,  that   overthrow  then,  did  it 
not  proceed  for  that  the  people  oppofednot  Sa */,  when 
he  violated  the  Law  of  God  ;  but  applauded  that  mi- 
ferable  Prince  when  he  wicked'y   perfecuted  the  b:(t 
men,  as  David  and  the  Priclfo  of  the  Lord,     Araongft 
many  other  Examples  let  us  only  produce  fome  few. 
The  fame  Saul  to  enlarge  the  polTeffions  of  the  Tribe 
of  Juda  broke  the  publick  Faith  granted  to  the  Gibeonites,  2  Sam,  21;  1 . . 
at  the  firft  entry  of  the  people  into  the  Land  of  Canaan, 
and  put  to  Death  as  many  of  ihzGibeonitei  as  he  could 
come  by.    By  this  execution  Saul  did  break  the  third 
Commandment,  for  God  had  been  called  to  witoefs  this 
agreement,and  theiixtb  alfojn  fo  much  asheMurthered 
the  Innocent,  he  ought  to  have  maintained  the  Authority 
of  the  two  Tables  of  the  Law ;  and  thereupon  kis  faid,that 
Saul  and  his  Houfe  have  committed  this  wi eked nefs.In  the 
mean  time,after  the  death  of  Saul,  and  David  being  efta- 
blifhed  King,  the  Lord  being  demanded,  made  anfwer 
that,  it  was  already  the  third   Year  that  the  whole 
Country  of  Ifrael  was  affli&ed  with  Famin,  becaufe  of 
this  cruelty,  and  the  hand  of  the  Lord  ceafed  not  to 
ftrike,  until  that  feven   men  of  the  Houfe  of  Sml  L.cnm»n.  26, 
were  given  to  the  Gibeonites,  who  put  them  to  Death;  D.depxnit. 
feeing  that  every  one  ought  to  bear  his  own  burden, 
and  that  no  man  is  efteemed  the  inheritor  of  anothers 
crime  -,  wherefore  they  fay,  that  all  the  whole  people 
of  Ifrael  deferves  to   be  punifhed  for  Saul,    who  was 
already  dead,  and  had   Cas  it  might  feem)  that  con- 
troverlie  buried  in  the  fame  grave  with  him,  but  only-  z.  sjneimus  *, 
in  regard  that  the  people  neglected   to  oppofe  a  mil-  fe  panis. 
chief  Co  publick  and  apparent,  although   they  ought 
and  might  have  done  it :  Think  you  it  reafon,that  any 
fhould  be  punifned  unlefi  they  defer ve  it  ?  And  in  what 

hath 


(3*3  • 
hath  the  people  here  failed,  but  in  differing  the  offence 
i  Sam.  24.  -?.  0f  tiie;r  King.  In  like  manner  when  David  com- 
2Chron.2i.2.  mari(iecj  foa^  and  the  Governors  of  Ijrael  to  Number 
the  people,  he  is  Taxed  to  have  committed  a  great 
fault ;  for  even  as  Ifrael  provoked  the  anger  of  God  in 
demanding  a  King,  one  in  whofe  wifdom  they  feemed 
Abacuc.1.16.  to  rep0fe  their  fafcty.-  even  fo  David  did  much  for- 
get himfelf,  in  hoping  for  Victory  through  the  multi- 
tude of  his  Subjects ;  for  fo  much  as  that  is  properly 
(according  to  the  dying  of  the  Prophet,)  to  Sacrifice 
nnto  their  Net,  and  burn  incenfe  unto  their  drag,  a 
kind  of  abominable  Idolatry  ;  for  the  Governors,  they 
feeing  that  it  would  draw  Evil  on  the  people,  a  little 
drew  back  at  the  h"rft  ;  afterwards,  as  it  were,  to  be 
rid  of  the  importunity  they  made  the  enrolement :  in 
the  mean  Sealon  all  the  people  are  punifhed,  and  not 
David  alone,  but  alfo  the  Ancients  of  Ifrael,  which 
reprefented  the  whole  Body  of  the  people,  put  on  fack- 
cloath  and  a(hes,the  which  notwithstanding  was  not  done 
nor  pra£tifed  when  David  committed  thofe  horrible 
fins  of  Murther  and  Adultery.  Who  fees  not  in  this 
laft  Act,  that  all  had  finned,  and  that  all  ftiotild re- 
pent-, and  finally  that  all  were  chaftifed,  to  wit  David 
that  had  provoked  God  by  fo  wicked  a  Command- 
ment, the  Governors  fas  Peers  and  AlTefTors  of  the 
Kingdom,  ought  in  the  Name  of  all  .Ifrael  to  have 
oppofed  the  KingJ  by  their  connivency,  and  over  weak 
refinance ;  and  all  the  people  alio  which  made  their 
appearance  to  be  enroled.  God  in  this  refpecl:  did  like 
a  Chief  Commander,  or  General  of  an  Army,  he 
chaftifed  the  offence  of  the  whole  Camp,  by  a  fudden 
Alarum  given  to  all,and  by  the  exemplary  Punilhments 
of  fome  particulars  to  keep  all  the  reft  in  better  awe 
and  order.  But  tell  me  wherefore  after  that  the  King 
2  King.  24. 4.  Manaffcs  had  polluted  the  Temple  at  J er ufalem^  do  we 
2Chron.  33-  ^ad  that  God  not  only  Taxed  Manajfes,  but  all  the 
Ier.  i<.  4.  people  alfo?  was  it  not  to  advertife  Ijrael  one  of  the 
fureties,  that  if  they  keep  not  the  King  within  the  li- 
mits of  his  duty,  they  fhould  all  fmart  for  it  t,  for  what 

meanr 


(  3?  J 

meant  the  Prophet  Jeremy  to  fay,  the  Houfe  of  Juda  is 
in  fubjeftion  to  the  AQiriam ,  becaufe  of  the  impiety 
and  cruelty  of  Menaces  i  but  that  they  were  guilryof 
all  his  offences ,  becaufe  they  made  no  refi(tance;where- 
fore  St.Aujiin  and  S.j4ntbroj'nz\d  Herod  and  Pilate  con-  S.^«f?.upon 
demncd  JefusChrift  ,  the  Priefts  delivered  him  to  be  ^j!*'8*'  s. 
crucifyed  ,  the  People  feem  to   have  fomc  companion,       ro' tn0^>i* 
notwithstanding  all  ate  punifhed  ;  and  wherefore  fo?for 
fomucb  as  they  are  all  guilty  of  his  dcath,in  that  they 
did  not  deliver  him  out  of  the  hands  of  thofe  wicked 
Judges  and  Governots,  thete  mufl  alfo  be  added  to  this 
many  other  ptoofs  drawn  from  divcts  Authors  for  the 
further  explication  of  this  point,  were  it  not  that  the  tc 
ftimcniesof  Holy  Scripture  ought  to  fuffice  Chriftians. 
Furthermore,  in  fo  much  as  it  is  the  duty  of  a  good  Ma» 
giftrate,  rather  to  endeavour  to  hinder  and  prevent  a 
mifchief,  than  to  chaftife  the  delinquents  after  the  of- 
fence is  committed,  as  good  Phyfftians  thatprefcribe  a 
diet  to  allay  and  prevent  Difeafcs ,  as  well  as  Medians 
to  cure  them  .•  In  like  manner  a  People  truly  affected  to 
true  Religion ,  will  not  limply  confent  tbemfelves  to 
reprove  and  reprefs  a  Prince  that  would  abolifh  the 
Law  of  God,  but  alfo  will   have  fpecial  regard,  that 
through  malice  and  wickednefs  he  innovate  noihing  that 
may  hurt  the  fame,  or  that  in  enfft  of  time  may  cor- 
rupt the  pure  fervice  of  God ;  and  inftead  of  fupport- 
ing  publick  offences  committed  againft  the  Divine  Ma- 
jefty,  they  will  take  away  all  occafions  wherewith  the 
offenders  might  cover  their  faults ;  we  read  that  to  have 
been  pra&ifed  by  all  Ifrael  by  a  Decree  of  Parliament 
in  the  AfTemblyof  the  whole  People  ,  to  remonftrateto 
thofe  beyond  Jordan,  touching  the  Altar  they  had  buil- 
ded  ,  and  by  the  King  Eaecbias ,  which  cauied  the  bra- 
fen  Serpent  to  be  broken.    If  is  then  lawful  for  Ifrael  to 
refill:  the  King ,  which  would  overthrow  the  Law  of  God 
and  aboliih  his  Church,  and  not  only  fo,  but  alfo  they 
ought  to  know  that  in  neglecting  to  perform  this  duty, 
they  make  theaifelves  culpable  of  the  fame  crime,  and 
Jhail  bear  the  like  Punilhment  with  their  King. 

F  If  i      . 


(  M) 
If  their  aflaults  be  verbal,their  defence  muft  be  like- 
wile  verbal,  if  the  Sword  be  drawn  againft  them,  they 
Auguft.  »n     may  alfo  take  Arms ,  and  fight  either  with  tongue  or 
jo!h.  23.  q.  2.  ^and,  as  occafiuiis.-  vea5if  they  be  availed  by  furpri- 
falsjthey  may  makeufe  both  of  ambufcadoes  and  coun- 
termines, there  being  no  rule  in  lawful  War,that  directs 
them  for  the  manner ,  whether  it  be  by  open  aflailing 
their  enemy,  or  bydofe  furpriiirag  ;  provided  always, 
that  they  carefully  diftinguifh  between   advantageous 
ftrategems ,  and  perfidious  Treafon,which  0  always  un- 
lawful. 
Dominusi.  1.      But  I  fee  well ,  here  will  be  an  objection  made,  what 
D.  de  dolo     wi\\  y0ll  fav  >  That  a  whole  People,  that  beaft  of  ma- 
ny heads ,  muft  they  run  in  a  mutinous  diforder^  to  or- 
der the  bnfinefs  of  the  Common-wealths  What  addrefs 
or  direction  is  there  in  an  unruly  and  unbridled  mul- 
titude ?  what  counfel  or  Wi(dom,to  manage  the  affairs 
of  State? 
What  is  to  be      When  we  fpeak  of  all  the  people,  weunderftand 

Uh'derftd°d°by  ^  tnac>  on^  *h°fe  which  hold  their  Authority  from 
t  ^swor  P60*^  people,  to  wit,  the  Magiftrates,  which  are  inferionr 
to  the  King,  and  whom  the  people  hath    fnbftituted, 
or  cftablifned,  as  it  were  Contorts  in  the  Empire,  and 
with  a  kind  of  Tribunitiai  authority  ,   to  reflrain  the 
encroachments  of  Sbvereignty ,  and  to   reprefent  the 
whole  body  of  the  People.     Weunderftand  alfo  ,  the 
AfTembly  of  the  Eftates,  which  is  nothing  elfe  but  an  E- 
pitomy,  or  brief  collection  of  the  Kingdom,  to  whom 
all  publick  Affairs  have  fpecial  and  abfolute  reference  , 
fuch  were  the  SeventvAntients  in  the  Kingdom  oflfrael, 
amongft  whom  the  High  Prieft  was  as  it  werePrefident, 
and  they  judged  all  matters  of  greateft  impL>rtance,thofe 
feventy  being  firft  chofenby  fix  out  of  eachTribc,which 
came  out  of  the  Land  of  Fgypt,  then  the  Heads  or  Go- 
vernors of  Provinces ;  In  like  manner  the  Judges  and 
Provofts  of  Towns ,  the  Captains  of  thoulands ,   the 
Centurions  and  others  which  commanded  dverFamilies 
the.moft  valiant  noble  and  otherwife  notable '  Per  folia- 
ges, of  whom  was  compofed  the  Body  of  the  States,af- 
%         fembled  divers  times  as  it  plainly  appears  by  the  word 

of 


f  3>"  ) 
of  the  Holy  Scripture.  At  the  Election  of  the  firft  King 
which  was  Saul,  all  the  Antients  of  If  rati affcmbled  to-  »  Sam.  8.  4* 
gether  at  Kamalu  like  manner  and  all  Iiraelwzs  aflem- 
bJed  ,  or  all  Judabznd  Benjamn3  &X.  Now  it  is  no  way 
probable  ,  that  all  the  People  one  by  one  met  together 
there.    Ot  this  tank  there  are  in  every  well  governed 
Kingdom  ,  the  Princes,  the  Officers  of  the  Crown,  the 
Peer  s,  the  greatefl:  andmoft  notable  Lords,  the  Deputies 
of  Provinces ,  of  whom  the  ordinary  Body  of  the  E- 
ftate  is  compofcdjOrthe  Parliament  or  theDiet,or  other 
Aflembly  ,  according  to  the  different  Names  u fed  in  di- 
vers Countries  of  the  World  in  which  AfTemblies  the    * 
principal  care  is  had  both  for  the  preventing  and  reform- 
ing either  of  diforder  or  detriment  in  Church   or  Com- 
mon-wealth. For  as  the  Counfels  of  73afil  and  Con\\ance 
have  decreed  fand  well  decreed)that  the  univerlalCoun- 
cil  is  in  Authority  above  the  Bifhop  of  Rome.As  in  like 
manner  the  whole  Chapter  may  over- rule  the  Bifhop,the 
Univeriity,the  Re&or,  the  Court,the  Prefident :  Briefly 
he  whofoever  he  is  that  hath  received  authority  from  a 
Company ,  is  inferior  to  that  whole  company,although 
hebefuperiortoany  of  the  particular  Members  of  it. 
Alfo  is  it  without  any  fcruple  or  doubt,that  Ifrael  which 
demanded  and  eftablifhed  a  King  as  Governor  of  the 
Publick  muft  needs  be  above  Saul  eftablilhed  at  their  re- 
queft  ,  and  for  Ifratls  fake  as  it  fhallbe  more  tully  pro- 
ved hereafter.     And  for  fo  much  as  an  orderly  proceed- 
ing is  neceflarily  required  in  all  affairs  discretely  addref- 
fed,  and  that  it  is  not  fo  probably  hopeful  that  order 
(hall  be  obferved  amongft  fo  great  a  number  of  people  ; 
yea,  and  that  there  often-times  occurs  occafions  which 
may  not  be  communicated  to  a  multitude,  without  ma- 
nifeft  danger  of  the  Common- wealth.    We  fay,  that  all 
that  which  hath  been  fpoken  of  Pi  ivi ledges  granted,and 
right  committed  to  the  People,  ought  to  be  referred  to 
the  Officers  and  Deputies  of  the  Kingdom  .•  and  all  that 
which  hath  been  faid  of  Ifrael,  is  to  be  understood  of  the 
Princes  and  Elders  of  Ifrael,  to  whom  thefe  things  were 
granted  and  committed  as  thePra&ife  alfo  hath  verify- 
ed*  F  2  The 


(  3<S) 

2Ghron..23.  ffe  Queen  Alb  alia,  after  the  death  of  her  Son  Aba- 
zja  King  at  Jadah,  put  to  death  alJ  thofe  of  the  royal 
blood,  except  little. ;W,  which  being  yet  in  the  cradle 
was  prcferved  by  the  Piety  and  WiTdom  of  his AiK.tJe- 
hofhdeab.  AwdiA  ppflefleth  her  felfof  the  government, 
and  reigned  fix  years  over  Judab.k  may  well  bet hePeo- 
ple  murmured  between  their  Tecch,and  durft  not  by  rca- 
ion  of  danger  cxprefs  what  they  thought  in  their  minds. 
,  Finally,  ]eboida  the  High-lMeft  the  husband  olJefofbA- 
fejih,  having  fecretly  made  a  League  and  Combination 
with  the  chief  Men  ot  the  Kingdom,  did  anoint  and 
Crown  King  his  Nephew7ws-?bcing  but  leven  years  old. 
And  he  did  not  content  himfcif  to  di  ive  the  Q^een  Mo- 
ther from  the  Royal  Throne,buthe  alio  put  her  to  death 
and  prefently  overthrew  the  Idolatiy  of  Baal.  This 
deed  of  Jehoiada  is  approved,  and  by  good  rcafon, 
for  he  took  on  him.  the  defence  of  a  good  Caufe,  for 
he  afTailed  the  Tyranny,  and  not  the  Kingdom.  The 
Birtoi  Je  r/-.  Tyranny  (I  fav)  which  had  no  Title,  as  our  modern 
rar.nid.  Civilians  ipeak.     For  by  no  Law  were  Women  ad- 

Deu.t.  17.  1$.  m(tted  to  the  Government  of  the  Kingdom  of  Judab. 
Furthermore,  that  Tyranny  was  in  vigor  and  pradtice: 
For  Atbalia  had  with  unbounded  mifchief  and  cruelty 
invaded  the  Realm  of  her  Nephews,  and  in  the  ad- 
minlftration  of  that  Government  committed  infinite 
wickednefs,  and  which  was  tkeworftof  all,had  caftoff 
the  Service  of  the  living  God  to  adore  and  compel  others 
with  her  to  worihip  the  Idol  of  ^/.Therefore  then  was  (he 
juftiy  puniuied,and  by  him  which  had  a  lawful  calling 
and  authority  to  do  it.  For  Jehoida  was  not  a  privat  and 
particular  Perfon  ,  but  the  High  Prielt ,  to  whom  the 
knowledgof  civil  Caufcs did  then  belong:  And  befides 
he  had  for  his  AiTociatcs,  the  principal  Men  of  theKing- 
dom,the  Levites,  and  being  himtelf  the  Kings  kinsman 
and  ally.  Now  for  fo  much  as  he  aflemblcd  not  the  e- 
fTatesar  Miz.t>ah  according  to  the  accuftomed  manner, 
he  is  not  reproved  for  it ,  neither  for  that  he  confulted 
and  contrived  the  matter  fecretly  ,  for  that  if  he  had 
held  any  other  manner  of  proceeding,  the  bufinefs  mud 

probably 


(  37  ) 

probably  have  failed  in   the   execution   and  fucccfc 

A  combination  or  conjuration  is  good  or  ill  accord-  Bdrtol.in  tract. 
ing  as  the  end  whereunto  it  is  addrefTed  is  good  or  ill ;  deGudpb.  and 
and  perhaps  al To  according  as   they  are  affected  which  Gli>eL 
are  the  managers  of  it.     We  lay  then  that  the  Princes  of 
Ju  Uh  have  dene  well  ,  and  that  in  following  any  ether 
courfe  they  had  failed  ot  the  right  way.    For  even  as  the 
vjuardian  ought  to  take  charge  and  care  that  the  goods 
of  his  Pupil  fall  not  into  lois  and  dctriment,and  if  he  o- 
mit  his  duty   therein,  he  may  be  compelled  to  give  an 
account  thereof  :  In  like  manner,  thofe  to  whofe  cufto- 
dy  and  tuition  the  People  have  committed  themfclves, 
and  whom  they  have  conit it u ted  their  Tutors  and  De- 
fenders ought  to  maintain  them  fafe  and  entire  in  all  their 
rights  and  priviledges,    Tobefhort,  as  it  is  lawful  for  a  ^  £  26.0t 
wholcPcople.ro  relift  and  oppofe  Tyranny;  fo  likewife  D.d/rog.  juri. 
the  principal  Perfons  of  the  Kingdom  may  as  Head?, 
and  for  the  good  of  the  whole  Body,  confederate  and 
aflociate  themfelves  together,  and  as  in  a  publick  State, 
that  which  is  done  by  the  g-re'ateft  part  is  cfteemed  and 
taken  as  the  A£t  of  all,  fo  in  like  manner  muff  it  be  faid 
to  be  done  ,  which  the  berter  Part  of  the  mod  Princi- 
pal have  a&ed  ,*  briefly,  that  all  the  People  had  their 
hand  in  it. 

But  here  prefents  it  .  felf  another  Queftion  the  which  whether  part 
defer  ves  to  be  confidered,  and  amply  debated  in  regard  of  a  Kingdom 
of  the  circumftance  of  rime..    Let  us  put  the  cafe  that  JP??  niakere- 
a  King  fceking  to  abolifhthe  Law  of  God,     cr   mine  l  ance" 
the  Cnurch,  that  ail  the  people  or  the  -greateft  part 
yeild  their  contents,  that  all  the  Princes  or  the  greateft 
Number  of  them  make  no  reckonings  and  notwith- 
standing, a  (mail  handful  of  people,  to  wit,  fomc  of  the 
Princes  and  Mag'flrates  defire  to  prcferve  the  Law  of 
God   cmiriy  and  inviolably,    and  to  ferve  the  Lord 
purely:  .what  may  it  be  lawful  for  them  to  do?  if  the 
King  feek  to  compel  thofe  men  to  be  Idolaters,   or  will 
take  from  them  theexercife  of  true  religion'?  YVefpeak 
nzt  here  of  private  and  particular  perfons  confidered 
one  by  one,  and  which    in  that  ma.ner  are  not  held 

as  , 


(  38) 
as  parts  of  the  entire  body$  As  the  planks,  the  Nails, 
the  pegs,  are  no  part  of  the  Ship,  neither  the  ftones, 
the  Rafters,  nor  the  rubbifh  are  any  part  of  the  Houfe: 
but  we  fpeak  of  fome  Town  or  Province,  which  makes 
a  portion  of  a  Kingdom,  as  the  prow,    the  poop,  the 
keel  and  other  parts  make  a  Ship :  the  Foundation,  the 
Roof,  and  the  Walls  make  a  Houfe.    We  fpeak  alfo 
of  the  Magiftrate  which  governs  fuch  a  City  or  Pro- 
vince.   If  we  muit  make  our  Defence  with  producing 
of  £xamples,   although  we  have  not  many  ready  by 
reafon  of  the  backwardnefs  and  carelefnefs  of  men  when 
there  is  Queftion  to  maintain  the  fervice  of  God  :  not- 
withflanding,  we  have  fome  few  to  be  examined  and 
John  21. 13.    received  according  as  they  deferve.    Libna,  a  Town  of 
iChron.6.17.  the  Priefts  withdrew  it  felf  from  the  obedience  of  J  or  Am 
2  Chron.  21.  ^_[ng  0f  Judah,  and  left  that  Prince,  becaufe  he  had 
10*  abandoned  the  God  of  his  Fathers  whom  thofe  of  that 

Town  would  ferve,  and  it  may  be  they  feared  alfo  left 
in  the  end  they  fhould  be  compelled  to  Sacrifice  to 
Baal  In  like  manner  when  that  the  King  Antiochus 
Commanded  that  all  the  Jews  fhould  imbrace  his  Re- 
ligion, and  fhould  forfake  that  which  the  God  Al- 
mighty  had  taught  them  Mattatbias  anfwered,  we  will 
and?.' 2*2.  and  not  obey,  nor  will  we  do  any  thing  contrary  to  our 
3.43'.  Religion,    neither  did    he  only  fpeak,  but  alfo  being 

transported  with  the  zeal  of  Phimxs,  he  killed  with  his 
own  hands  a  Jew,  which  conflrained  his  fellow  Citizens 
to  Sacrifice  to  Idols ;  then  he  took  Arms  and  retired 
into  the  Mountain,  gathered  Toops,   and  made  War 
againft  Antioc bus ,  for  Religion,and  for  his  Country  with 
fuch   (wcceis,   that  he  regained  Jerusalem,   broke  and 
brought  to  nothing  the  power  of  the  Pagans  which  they 
had  gathered  to  ruine  the  Church,    and  then  reefta- 
blifli'd  the  pure  Service  of  God.     If  we  will  know  who 
this  Mattatbias  was,he  was  the  Father  of  thcMacbabees  of 
the  Tribe  of  Levi ;  infomuch  as  it  was  not  lawful  for 
him  according  to  the  received  cufbm  and  right  of  his 
race  to  relfore  the  Kingdom  by  Arms  from  the  Ty- 
ranhy  of  Antiochus.     His   followers  were  fuch  as  fled 

to 


(  ?9  ) 
to  the  mountains  togerher,wich  the  inhabitants  dModin, 
to  whom  had  adjoyned  themfelves  divers  neighbor- 
ing Jem,  and  otner  fugitives  from  fundry  quarters  of 
Judea-,  all  which  lblickonily  dcfir-d  the  re  eftabliih- 
ment  of  the  Church.  Aim  oft  all  the  reft,  yea,  tiie 
principals  obeyed  Antiocbm,  and  that  alter  the  rout  of 
his  Army,  and  his  own  miferable  Death  :  Although  i  Ma:.  6.  21. 
there  were  then  a  fair  occafion  to  duke  off  his  yoke,  &c' 
yet  the  Jem  fought  to  the  Son  of  Antiocbrtt,  and  in- 
treated  '.im  to  take  on  him  the  Kingdom,  promi- 
sing him  fidelity  and  obedience.  I  might  here  pro- 
duce the  example  of  Dehor  a.  The  Lord  God  had 
fubj°£t-d  Israel  to  Jabin  King  of  Canaan,  and  they  had 
remained  in  this  fervitude  the  fpace  of  twenty  years, 
which  might  feem  in  fome  fort  to  have  gained  a  right 
by  prefcription  over  the  Kingdom ;  and  together  alfo 
that  almoft.  all  Ifrael  followed  after  ftrangc  Gods.  The 
principal  and  mod  powerful  Tribes,  to  wit,  -Ruben, 
Ufbraim,  Benj.min,  D.xn%  Ajher,  and  fome  others  ad- 
hered wholly  to  Jabin.  Yet  notwithstanding  the  Pro- 
phctefs  Debora  which  judged  Ifrael,  caufed  the  Tribes 
of  Zebulon,  NepbtbaUe,  and  Ifacbar3  or  at  the  leaft 
fome  of  all  thofe  Tribes,  to  take  Arms  under  the 
Conduct  of  Barac,  and  they  overthrew  Sifera  the 
Lieutenant  of  Jabin,  and  delivered  Ifrael,  which  had 
no  thought  of  Liberty,  and  was  content  to  remain  in 
Bondage ;  and  having  fbaken  off  the  yoke  of  the  Canaa- 
nites  they  re-eftablifhed  the  pure  fervke  of  the  living 
God.  But  for  Co  much  as  Debora  Teems  to  have  an 
extraordinary  vocation,  and  that  ths  Scripture  doth 
not  approve  in  exprefs  terms  the  doings  of  them  of 
Libna,  although  that  m  not  difallowing  of  their  pro- 
ceedings, it  may  feem  in  fome  fort  to  allow  them,  and 
for  that  the  Hilbry  of  the  Macbabeei  hath  had  no  great 
Authority  in  the  Ancient  Church  and  for  that  it  is 
commonly  held  that  an  aflertion  inuft  be  proved  by 
Laws  and  Teftimomes,  not  by  examples,  let  us  exa- 
mine by  the  effect  what  we  ought  to  judge  according 
to  the  right  of  the  Matter  now  in  queftion.     We  have 

formerly 


(  4°  ) 
formerly  faid  that  the  King  did  fwear  to  keep  the  Law  of 
God,  and  promis'd  to  the  uttermoft  of  his  Power  to 
maintain  the  Church;that  the  People  of //r^/ considered 
in  one  Body  covenanting  by  the  Hi^h-Pried,  made  the 
fame  Promife  to  God.  Now  at  this  prefent  we  fay, 
that  all  the  Towns  and  all  cheMagiftrar.es  of  thefe  Towns 
which  be  parts  and  portions  of  the  Kingdom ,  promife 
each  of  them  in  his  own  behalf,  and  in  exprefs  terms 
the  which  all  Towns  and  Chriitian  Communaltieshavc 
alfo  done,although  it  have  been  but  wiih  a  tacite  confent. 
Jofuah  24.  Jofbua  being  very  old  and  near  to  his  death  ,  afTembied 
all  Ifrael  at  Sichem  in  the  prefence  of  God,  to  wit,before 
the  Ark  of  the  Covenant  which  was  there.  It  is  faid 
that  the  Antientsot  the  People,  the  Heads  of  theTribe, 
the  Judges  and  Governors,  and  all  which  had  any  pub- 
lick  command  in  the  Town  of  Ifrael  met  together  there, 
where  they  (wore  to  obferve  and  keep  the  Law  of  the 
Lord  ,  and  did  willingly  put  on  the  yoke  of  the  Al- 
mighty God  ••  whereby  it  appears  that  thefe  Magiftraies 
did  oblige  themfelves  in  the  Names  of  their  Towns  and 
Communaltiesjwhich  did  fend  them  to  take  order,  that 
God  (hould  be  ferved  throughout  the  whole  Councry,ac- 
cording  as  he  had  revealed  in  h  is  Law.  And  jofhuah  for 
his  part  having  palled  this  contract  of  agreement  between 
God  and  the  People,  and  inregiftred  the  whole  accord- 
ing as  it  was  done,  for  a  perpetual  memorial  of  the  mat- 
ter he  incontinently  fet  up  attone. 

1  Chron.  18.      ^  tncie   were  occafion  to  remove  the  Ark  of  the 

2  Chron.  3.    Lord,  The  principals  of  the  Country  and  Towns,  the 
1  Kings  7.      Capcains,  the  Centurious,  the  Provofts,  and  others  were 

1  Chron.  28.  fummoned  by  the  Decree  and  Commandment  of  Da~ 

2  Kings  23'.    viki    and  of  the  Synagogue  of  Ifrael^    if  there  be  a 
2  Chron.  23.  purpofc  of  building  the  Lords  Temple,  the  famecouric 

is  obferved.  And  to  the  end  k  be  not  fuppofed,  that 
fbmc  alteration  hath  been  inferred  after  the  Creation 
of  Kings  .-  In  the  times  of  Joas  and  Jojias,  when  there 
was  queftion  of  renewing  the  Covenant  between  Cod 
and  the  People,  all  the  Fibres  met  together,  and  all 
were  bound. and  obliged  particularly.    Alfo  not  only 

the 


the  King,  but  the  Kingdom,  arid  not  only  all  the  King-- 
dom,  but  alfo  all  the  Paftors  of  the  Kingdom  promiig 
each  of  them  for  their  felves,  fidelity  and.  obedient 
to  God.    I  fay  again,  that  not  only  the  King  and  tli3 
People,  but  alfo  all  the  Towns  of  Ifrael,  and  their 
Magistrates,  oblige  themfelves  to  God,and  as  homagers 
to  their  liege  Lord  tie  themfelves  to  be  hh  for  ever, 
with  and  againft  all  men ,   for  further  proof  of  the 
aforefaid,    1   would  entreat  the  Reader   to  diligently 
turnover  the  Holy  Bible,  efpecially  in  the  Books  of 
the  Kings  and  the  Chronicles.     But  for  a  yet  more 
ample  explication  of  this  matter^  let  us  produce  for 
example  what  is  in  practife  at  this  day.    In  the  Em- 
pire of  Germany ,  when  the  Emperor  is  to  be  crowned , 
the  Electors  and  Princes  of  the  Empire,  as  well  Secular 
as  Eccleflaftical ,  meet  together  perfonally,  or  elfe  fend 
their  AmbaiTadors.  The  Prelates,  Earls  and  Barons,and 
all  the  Deputies  of  the  Imperial  Towns,  come  thither  al- 
fo, or  elfe  fend  fpecial  Proxies  ;  then  do  they  their  ho- 
mage to  the  Emperor,  either  fcrthemfelves,or  for  them 
whom  they  reprefent ,  with,  and  under,  certain  Condi- 
tions :  Now  let  us  prefuppofe  that  one  of  thefe  which 
hath  done  homage  voluntarily,     do  afterwards  en- 
deavor to  depofe  the  Emperor,  and  advance  himfelf 
into  his  place,   and  that  the  Princes  and  Barons  deny 
their  Soveraign  the  fuccors  and.  tribute  which  they  owe 
him,  and  that  they  have  intelligence  with  that  other 
which  conipired  and  fought  to  poijefs  himfelf  of  the 
Imperial  Throne  ;   Think  you   that   they  of  Straes- 
bou/gb  or  of  Nuremberg/?,   which  have  bound  them- 
felves  by  faith  unto  the  lawful  Emperor,   have  not 
lawful  right  to  reprefs  and  exclude  this  Trayterous  In- 
truder? Yea,    on   the  contrary,    if  they  do  it  nor, 
if    they  give -not  fuccors  to  the    Emperor    in  this 
his    reccttity,  think  you   thar  they  have  fatisfied  or 
performed  their  fealty  and  promiiq    feing   that  he  L  ,   ;  0mn6 
which  hath  not  preferved  hisGovernour  when  he  had  deM.seit.uiu 
means  to  do  it,  ought  to  be  held  as  culpable  and  guilty,  D%  die  re  mih 
as  he  which  offered  the  violence  and  injury  unto  him. 

G  U 


(4») 

1£  it  be  To  (as  every  one  may  fufficiently  fee  it  is)  is  k 
not  then  lawful  for  the  men  of  Libna  and  of  Modin  ? 
and  doth  not  their  duty  enjoyn  them  to  do  as  much  as 
if  the  other  Eftates  or  the  Kingdom  have  left  God  to 
whofe  fervice  and  pleafure  they  knew  and  acknowledge 
thcmfelves  to  be  bound  to  render  obedience.  Let  us 
imagine  then  fome  J  or  am  or  Antiochx  which  aboliiheth 
true  Religion,  and  lifts  up  himfclf  above  God,  that 
Ifrael  connives  and  is  content,  what  fhould  that  Town 
do  which  defires  to  ferve  God  purely  ?  Firil ,  they 
Jofli.  14.  15.  fhould  fay  with  Jojhua,  for  their  parts,  look  whom 
ycu  defire  rather  to  obey,  the  living  God,  or  the  Gods 
of  the  Amorites,  for  our  parts  we  and  our  Families  will 
ferve  the  Lord.  Chufe  you  then  I  fay,  if  you  will 
obey  in  this  point  him,  which  without  any  right  ufurps 
that  power  and  Authority  which  no  way  appertains  unto 
him,  for  my  part,'  hap  what  may,  I  will  keep  my 
faith  to  him  to  whom  I  promifed  it.  I  make  no 
queftion  but  that  Jojhu  would  have  done  the  utter- 
mod- of  his  endeavour  to  maintain  the  pure  fervice  of 
the  living  God  iurThamnathe  Seratbe,  a  Town  of  £- 
fhraim, where  his  Houfe  and  Eftate  lay  5  if  the  Israelites 
befides  had  fo  much  forgot  themfelves  as  to  have  wor- 
shipped the  God  of  the  Amorites  in  the  Land  of 
Canaan.  But  if  the  King  fhould  pafs  yet  further,  and 
fend  his  Lieutenants  to  compel  us  to  become  Idolaters, 
and  if  he  commands  us  to  drive  God  and  his  fervice 
from  amongft  us  >  (hall  we  not  rather  (hut  our  Gates 
againft  the  Kins  and  his  Officers,  then  dtive  out  of  our 
Town  tire  Lord  which  is  the  King  of  Kings  ?  Let  the 
BurgeiTesand  Citizens  of  Towns,  Let  the  Magistrates  and 
Governors  of  the  People  of  God  dwelling  in  Towns, 
co:  (Her  with  themfelves  that  they  have  contracted  two 
Covenants,  and  taken  two  Oaths.-  The  firft  and  mod: 
ancient  with  God,  10  whom  the  People  have  fworn  to 
be  his  people :  the  fecond  and  next  following,  with 
the  King,  to  whom  the  people  hath  promifed  obedi- 
ence, as  unto  him  which  is  the  Governor  and  Con- 
ductor of  the  people  of  God.  So  then3  as  if  a  Vice- 
Roy 


(  +3  ) 
Roy  confpiring  againfthis  Soverafgn,  although  he  had 
received  from    him  an  unlimited  Authority*   if  he 
fhould  fummon  us  to  deliver  the  King  whom  he  held 
bclieged  within  the  inclofure  of  our  Walls,  wc  ought 
not  to  obey  him,  but  refill  with  the  -uttcrmoft  of  our 
power  and  means  according  to  the  Tenor  of  our  Oath 
of  Allegiance  :   In  like  manner  think  we  that  it  is  not 
a  wickednefs  of  all  mod  deteftable,   if  at  the  plcafure 
of  a  Prince  which  is  the  vafla!  and  fervant  cf  God,  wc 
fhould  drive  God  from  dwelling  amongff  us,  or  deliver  1Q  CoS    dg 
him  fas  far  as  in  us  IiethJ  into  the  hands  of  his  Erie- ^rwM  f/<h,# 
mies.    You  will  fay,   it  may  be  that  the  Towns  ap-  c  i.  denovx 
pertain  to  the  Prince.    And  I  anfwer,  that  the  Towns  f del.  form. 
confift  not  of  a  heap  of  ftones,  but  of  that  which  wc 
call  People,  thai  the  People  is  the  People  of  God,  to 
whom  they  are  firft  bound  by  Oath .-  and   Secondly, 
to  the  King.     For  the  Towns,  although  that  the  Kings 
have  power  over  them,   notwithstanding  the  right  of 
Inheritance  of  the  Soil  belongs  to   the  Citizens  and 
owners,    for  all  that  which  is  in  a  Kingdom3  is  indeed 
under  the  Dominion  of  the  King,  but  not  of  his  pro- 
per Patrimony :  God  in  truth  is  the  only  Lord  pro- 
priator  of  all  things,  and  it  is  of  him  that  the  King  Senec<  7      de 
holds  his  Royalties,  and  the  people  their  Patrimony.  Bene f.  e."  6,  7. 
This  is  as  much  as  to  fay,  you  will  reply,   that  for  &c. 
the  caufe  of  Religion  it  fhall  be  lawful  for  the  Subjects 
to  revolt  from  the  obedience  of  their  King,  if  this  be 
once  granted,  it  will  prefentty  open  a  gap  to  rebellion  ? 
But  hearken  I  pray  you  patiently,  and  confider   this 
matter  more  throughly :  I  might  anfwer  in  a  word, 
that  of  two  things,   if  the  one  mud:  needs  be  done,  it 
were  much  better  to  forfake  the  King,  then  God  ^  or 
with  St.  Augufiine  in  his  fourth  Book,  of  the  City  of 
God,  chap.  4.  and  in  the  Nineteenth  Book,  and  Chap- 
ter the  21.  That  where  there  is  no  Juftice,  there  is  no 
Common-wealth,   that  there  is  no  Juftice,  when  he 
that  is  a  mortal  man  would  pull  another  man  out  of 
the  hands  of  the  immortal  God,  to  make  him  a  flave 
of  the  Devil,  feing  that  Juftice  is  a  vertuc  that  gives  to 

G  a  every 


(44) 

'every  one  that  Which  is  his  own,  and  that  thofe  wfcicli 
draw  their  Necks  out  of  the  Yoke  of  fuch  Rulers, 
deliver  thernfelves  frqm  the  Tyranny  of  wicked  Spi- 
rits, and  abandon  a  multitude  of  robbers,  and  not  the 
Commonwealth.  But  to  rc-aflume  this  Difcourfe  a  lit- 
tle higher,  thofe  which  (hall  carry  thernfelves  as  hath 
been  formerly  fai J,  feem  no  ways  accufablc  of  the 
crime  of  revolt.  Thofe  are  faid  properly  to  quit  the 
King  or  the  Common-wealth,  which  with  the  heart  and 
purpofeofan  Enemy  withdraw  thernfelves  from  the  o- 
bedienceof  theJCing  or  the  Common- wealth,  by  means 
whereof  they  are  juftly  accounted  Advcrfaries,  and  are 
often- times  much  more  to  befeared,  then  any  other  E- 
nemies.  But  thofe  of  whom  we  now  fpeak,do  nothing 
refemble  them.  Fir(t,they  do  in  no  fort  refule  to  obey, 
provided  that  they  be  commanded  that  which  they 
may  lawfully  do,  and  that  it  be  not  againft  the  honour 
of  God. 

L.  $.  D.  de      They   pay  willingly  the  Taxes,  Cuftoms,  Imports,. 

cap.  minut.  and  ordinary  payments,  provided  that  with  thefethey 
feek  not-  to  abolifh  the  tribute  which  they  owe  unto 
God.  They  obey  C^jar  while  he  commands  in  the  qua- 
lity of  C<*far ,  but  when  Ccfar  paiTeth  his  bounds3wbeu 
he  ufurps  that  Dominion  which  is  none  of  hisown.when 
he  endeavours  to  affail  the  Throne  of  God ,  when  he 
wars  again!]:  the  Soveraign  Lord  both  of  himfelf  and 
the  People ;  they  then  efteera  it  xcafonablc  not  to  obey 
Cafar,  and  yet  after  this  to  fpeak  properly,  they  do  no 
Acts  of  hofiility.  He  is  properly  an  Enemy  which  ftirs 
up  ,  which  provokes  another,which  out  of  military  in- 
folency  prepareth  and  ferteth  forth  Parties  to  War.-They 
have  been  urged  and  aflailed  by  open  War,  and  clofe 
and  treacherous  furprifals;  when  death  and  deftrucriou 
environs  them  round  about,  then  they  take  arms ,  and 
wait  their  enemies  aflaults .-  you  cannot  have  Place  with 
your  enemies  when  you  will  5  for  if  you  lay  down  your 
Weapons,  if  you  give  over  making  War  they  will, 
not  for  all. that  di farm  thernfelves,  and  loofe  their  ad- 
vantage.   But  for  tbefe  Men,  defice  but  place  and  you 

have 


r  45 ) 

have  it,  give  over  but  affailing  them,  and  they  will 
lay  ctaw  I  their  Arms,  ceale  to  fight  againft  God,  and 
-they  will  prcfently  leave  the  lifts,  will  you  take  their 
Swords  out  of  their  hands  >  abftain  you  only  then  from 
ftriking,  feeing  they  are  not  the  aitaiiants,  but  the  de- 
fendants, fheath  your  Sword,  and  they  will  prefently 
caft  their  Buckler  on  the  ground,which  hath  been  the  rea- 
fen  that  they  have  been  often  furprized  by  perfidious 
ambufcadocs,  whereof  thefe  our  times  have  afforded 
over  frequent  examples.  Now  as  we  cannot  call  that 
fervant  ft uborn  or  a  fugitive,  which  puts  by  the  blow, 
which  his  Lord  ftrikes  at  him  with  his  Sword,  or  which 
-withdraws  or  hides  himfelf  from  his  Matters  fury,  or 
fhuts  his  Chamber  door  upon  him,  until  his  Choler 
and  heat  be  palled  over,  much  lefs  ought  we  to  elteem 
thofe  feditious,  which  (holding  the  name  and  place 
of  Servants  and  Subje£ts)  fhut  the  Gates  of  a  City  a- 
gainfl;  their  Prince,  tranfported  with  anger,  being  ready 
to  do  all  his  juft  Commandments ,  after  he  hath  re- 
covered his  judgment,  and  related  his  former  indigna- 
tion ;  we  muft  place  in  this  rank,  David  Comrnan-  l  sm.  21.22; 
der  of  the  Army  of  IjraeliUndcr:  Saul,  a  furious  King.Dd-  2  sm 
vid  oppreiled  with  calumnies  and  falfe  Taxations,warch- 
ed  and  way-layed  from  all  parts ,  he  retired  unto  ,  and 
defended  himfelf  in  unacceffible  Mountains,  and  provi- 
ded for  his  defence  to  oppofe  the  walls  of  Ceila  againft  the 
Fury  of  the  King ;  yea,  he  drew  unto  his  Party  all  thofe 
that  hecould  ,  not  to  take  away  Saul's  Life  from  him  , 
as  it  plainly  appeared  afterwards ,  but  to  defend  his  own 
Caufe.-  fee  wherefore  Jonathan  the  Son  of  «SU'//,made  no 
difficulty,  to  make  alliance  with  David  ,  and  to  renew  it 
from  time  to  time  ,  the  which  is  called  the  Alliance  of 
the  Almighty.  And  Abigalhkh  in  exprefs  words,  that 
David  was  wrongfully  aflailed,  and  that  he  made  the 
War  of  God.  We  mud  alfo  place  in  this  rank  the  Mi-  Mack  6.  60,. 
chabees ,  which  having  good  means  to  maintain  Wars,  &c« 
were  content  to  receive  Peace  from  King  Demetrius  and 
others,  which  Antiocbm  had  offered  them  before^becaufe 
by  it,  they  fiiould  be  fecured  in  che  free  polTeilion  and 

exercife 


cxcrcife  of  their  Religion.     We  may  remember  that 
thofe  which  in  our  times  have  fought  for  true  Religion 
•againlT  Anticbrift>  both  in  Germany  and  France,  have 
laid  down  Arms  as  foon  as  it  was  permitted  them  to 
(erve  God  truely  according  to  his  Ordinance,  and  of- 
tentimes having  fair  means  and  cccafion  to  advance  and 
continue  the  War  to  their  much  advantage.-  as  had 
David  and  the  Macbabees,  where  the  Pkiliflim  con- 
flrained  Saul  to  leave  David  to  look  to  his  own  defence, 
and  thofe  Clouds  of  neighbouring  enemies  rn  Antiochm, 
faw  ready  to  diflblve  upon  his  head,  hindered  him  al- 
io from  purfuing  the  Machabees.    See  then  the  marks 
which   difiinguifh  and  feparate   fufficiently    thofe    of 
whom  we  fpeak  from  Rebels  or  Seditious. 

But  let  us  yet  fee  other  evident  Teftimonies  of  the 
equity  of  their  caiife;  for  their  defection  is  of  that  na- 
ture, that  take  but  away  the  occafion,  if  fomeextrcam 
neceffity  compel  not  the  contrary,  they   prefently  re- 
turn to  their  former   condition,   and  then  you  cannot 
properly  fay,  they  fcparated  themfelves  from  the  King, 
or  the  Communality ;  but  that  they  left  Joram,  and 
Antiochm,  or  if  you  will,  the  Tyranny  and  unlawful 
power  of  one  alone,  or  if  divers  particulars,  which  had 
no  authority  nor  right  to  exact  obedience  in  the  fame 
manner,  as  they  commanded,    The  Sorbonijl  Doctots 
have  taught  us  the  like  fundry  times  r  whereof  we  will 
alledge  fome  examples. 

About  the  year  1 300  Pope  Boniface  the  8  feeking  to 
appropriate  to  his  Sec,  the  Royalties  that  belonged  to 
the  Crown  of  France :  Philip  the  fair,  the  then  King, 
doth  taunt  him  fomewhat  fharply  :  the  tenor  of  whole 
tart  Letters  are  thefe  ; 

Philip  by  the  Grace  of  God,  King  of  the  French,  to 
Boniface,  calling  himfclf  Soveraign  Bifhcp,  little  or  no 
health  at  all. 

Be  it  known  to  the  great  foolifhnefs  and  unbounded 
rafhnefs,  that  in  temporal  Matters  we  have  only  God 
for  our  fuperior,  and  that  the  vacancy  of  certain 
Churches,    belongs  to    us  by   Royal     Prerogative. 

ana 


and  that  appertains  to  us  onlv    to  gather  the  fruits 
and   we   will  defend    the   pofTeffion      thereof  againfr 
all  oppofers,  with  the  edge  of  our  Swords,  accounting 
them  fools,  and  without  brains  that  hold  a  contrary 
opinion.     In  thofc  times  all  men    acknowledged   the 
Pope  for    Gods   Vicar  on  Earth,    arid    Head  of  the 
Univerfal  Church.-  Infomuch,  that  fas  it  is  faid)  com- 
mon error   went   inftead  of  a  Law,    notwithstanding 
the  Sorbonifti   being  aifembled,  and  demanded,  made 
.^nfwer,  that  the  King  and  the  Kingdom  might  favcly 
without  blame  or  danger  of  Schifm,  exempt  them- 
feives  from  his  obedience,  and  flatly  refufe  that  which 
the  Pope  demanded  ;   for  fo  much  as  it  is  not  the  fe- 
paration,   but  the  caufe  which  makes  the  Schifm,  and 
if  there  were  Schifm,  it  (hculd  be  only  in  feparating 
from  Boniface,  and  not  from  the  Church,    nor  from 
the  Pope,  and  that  there  was  no  danger  nor  oflence  in 
fo  remainiug  until  fome  honeft  man  werechofen  Pope. 
Every  one  knows  into  what  perplexities,  the  confeiences 
of  a  whole  Kingdom  would  fall,   which  held  tbem- 
felves  feparated  from  the  Church,  if  this  diftindion  be 
not  true.    1  would  demand  now,  if  it  be  not  yet  more 
lawful  to  make  ufeof  this  diftin6h'on,  when  a  King  in- 
vades and  incroacheth  on  the  jur»tfdi6tion  of  God,  and 
Oppi  efleth  with  hard  fervitude,,  the  Souls  dearly  bought 
with   the    pretious  blood  of  Jefm  Cbrifl.    Let  us  add 
another  example. 

In  the  year  cf  our  Lord  1408.  when  Pope  BenediB 
the  I  J,  did  oppofe  the  French  Church  by  tributes  and 
exactions ;  the  Clergy  afTembled,  by  the  Command  of  f 

King  Charles  the  6  decreed,  That  the  King  and  Inhabi-  f"^£fl. 
tarjts  of  the  Kingdom  ought  not  to  obey  Beneaitf,  firejet. 
which  was  an  Heretick,  a  Schifmatick,  and  altogether 
unworthy  of  that  dignity:  the  which  theEftates  of  the 
Kingdom  approved, and  the  Parliament  of  Paris  confirm- 
ed by  a  decree.  The  fame  Clergy  alfo  ordained  rhat 
thofc  which  had  been  excommunicated  by  that  Pope, 
as  forfakcrs  and  enemies  of  the  Church,  fhould  be  pre- 
fentlv  abfolved,  nullifying  all  fuch  excommunications, 

and 


( 4«; 

Tjnd  this  hath  been  pra&ifcd  not  in  France  only,  bat 
in  other  places  alfo ,  as  Hiflories  do  credibly  report 
The  which  gives  us  jitft  occafion  molt  perfpicuoufly  to. 
fee  and  know,  that  if  he  which  holds  the  place  of  a 
Prince  do  govern  ill,  there  may  be  a  feparation  from 
him  without  incurring  juftly  the  blame  of  revolt  ^  for 
that  they  are  things  in  themlelves  dire&Iy  contrary,  to 
leave  a  bad  Pope,  and  forfake  the  Church,  a  wicked 
King,  and  the  Kingdom.  To  return  to  thofe  of  Lob- 
a  T^ngs  19.8.  m^    they  feem  ;to  [iave  f0noweci  mfs  before  remem- 

bred  expedient  •    for  after  the  re- eftabli  foment  of  the 
fervtce  of  God  they  prefcntly  became  again   the  Sub* 
jefts     of  King  Ez.ekia^    And    if    this  diftinftjon  be 
allowed  place,  when  a  Pope  ircroacheth  on  the  rights 
of  any  Prince,  which    nctwithfianding  m  fome  cafes 
acknowledgcth  him  for  his  Soveraign.    Is  it  not  much 
more  allowable,  if  a  Prince  which  is  a  Vaflal  in  that 
refpe£t,  endeavours  to  allure  and  appropriate  to  him- 
fe4f  the  rights  of  God.     Let  us  conclude  then  to  end 
this  difcourfe,   that  all  the  people  by  the  authority  of 
Extriv.de nu-thofe*  into  whofe  hands    they   have  committed  their 
y>.  &  obed.      power,  or  divers  of  them  may,  and  ought  to  reprove 
and  reprefs  a  Prince,  which  Commands  things  againft 
God.    In  like  manner,  that  all,  or  at  the  leaft,  the 
principals  of  Provinces  or  Towns,  under  the  Authori- 
ty of   the  chief  Magiftrates,  eftablifhed   firft  by  God, 
and  fecondly  by  the  Prince,    may   according  to  Law 
and  Rcafon,  hinder  the  entrance  of   Idolatry,  within 
the  inclofure  of  their  Walls,  and  maintain  their  true 
Religion:  yea  further,  they  may  extend  the  Confines 
ot  the  Church,  which  is  but  one,  and  in  failing  hereof 
if  they  have  means  to  do  it :  they  juftly   incur   the 
penalty  of  High-Treafon  again  ft  the  Divine  Majefty. 
Whether  private  wen  may  refiji  by  Arm$> 
It  remains  now  that  we  fpeak  of  particulars  which 
arc  private  Pcrfons.    Firft,  particulars  or   private  Per, 
i.ficut  7,  j  1.  lon.s»  are  not  bounc* to  takc  llP  Arms  againft  the  Prince 
v.qwdcufof-  vwidn  would  compel  them  to  become  Idolaters.    The 
luevniver}.     Covenant  between  God  and  2II  the  people  who  pro- 
mi  fe 


(49) 

mife  to  be  the  people  of  God,  doth  not  in  any  Tort 
bind  them  to  that;  for  as  that  which  belongs  to  the 
whole  univerfal  body,  is  in  no  fort  proper  to  particu- 
lars :  fo  in  like  manner  that  which  the  body  owes  and 
and  is  bound  to  perform,  cannot  by  any   fenfible  rea- 
fon  be  required  of  particular  Perfons;  neither  doth  their 
duty  any  thing  oblige  them  to  it ;  for  every  one  is  bound 
to  ferve  God  in  that  proper  vocation,  to  which  he  is  cal- 
led .  Now  private  Perfons  they  hsve  no  Power,  they 
have  no  publick  command,  nor  any  calling  to  unfheath. 
the  fword  of  Authority  0  and  therefore  as  God  hath 
not  put  the  Sword  into  the  hands  of  private  Men;fodoth 
he  not  require  in  any  fort  that  theyfhould  (trike  with  it. 
Jc  is  faid  to  them,  fut  up  thy  [word  into  thy  Scabbard.Oa  Mat.  26.  « 
the  contrary  the  Apoftles  fays  of  Magiitrates ,  they  car-  Kom.  13.  „ 
rv  not  the  Sword  in  vain^  If  particular  Men  draw  it  forth 
they  make  themfelves  Delinquents;   If  Magiftrates  be 
flow  and  negligent  to  ufe  it  when  juft  occafion  is  offered, 
they  are  likewife  juftly  blameable  of  negligence  in  per- 
forming their  duties,  and  equally  guilty  with  the  former. 
But  you  will  fay  unto  me,  hath  not  God  made  a  Cove- 
nant j  as  well  with  particular  Perfons  as  with  the  genera- 
lity, with  the  leaft  as  well  as  the  higheft?  To  what  pur- 
pofeyvas  Circumcifionand  Baptifm  ordained?  What 
meaneth  that  frequent  repetition  of  the  Covenant  in  fo 
many  Paflages  of  Holy  Writ*  All  this  is  true,    but  the 
confideraaon  hereof  isdiverfe  in  their  feveral  kinds ;  For 
as  all  the  Subjects  of  a  good  and  faithful  Prince,  of  what 
degree  foevcr  they  be ,  are  bound  to  obey  him ;  but 
fomeof  them  notwithstanding  have  their  particular  du- 
ty, as  Magiftrates  mu ft  hold  others  in  obediencc,in  like 
manner  all  Men  are  bound  to  ferve  God  ^  butasfome 
they  are  placed  in  a  higher  rank,    have  received  greater 
Authority  in  fo  much  as  they  are  accountable  for  the  of- 
fences of  others ;  ii  they  attend  net  the  charges  of  the 
Communalty  carefully. 

The  Kings,  the  Communaltics  of  the  People,  theMa- 
giftrates  iato  whofe  hands  the  whole  Body  of  the  Com- 
mon-wealth hath  committed  the  fword  of  authority, 

H  muft 


C  50) 
muft  and  ought  to  take  care  that  the  Church  be  main- 
tained and  preferred ,  particulars  ought  only  to  look 
that  they  render  themfclves  Members  of  this  Church. 
Kings  and  Popular  Eib.tes  are  bound  to  hinder  the  pol- 
lution or  mine  of  the  Temple  of  God,  and  ought  to  free 
and  defend  it  from  all  corruption  within,  and  all  injury 
from  without.  Private  Men  muft  take  order,  that  their 
Bodies,  the  Temples  of  God,be  pure,that  they  may  be 
fit  receptacles  (or  the  Holy  Ghoft  to  dwell  in  them.  If  a- 

\.Cer.  3.  17.  ny  man  defile  the  Temple  of  Gcd,faith  the  Apcftle,  him 

and  6.  19.  '  fhall  God  deftroy  ;  for  the  Temple  of  God  is  holy  , 
which  Temple  ye  are,  to  the  former  he  gives  the  fword 
which  they  bear  with  authority  :  to  the  other  he  recom- 
mends the  fword  of  the  Spiritonly,  to  wit,  theword  of 

£fM.6,\j.  God,  wherewith  St.  Paul  arms  all  Christians,  agaii  ft 
the  adaults  of  the  Divel,  what  nhall  then  private  men 
do  ?  it  the  King  'will  conitrain  them  to  ferve  Idols  ? 
If  the  Magifhates  into  whofe  hands  the  people  hath  con- 
i'igned  their  Authority,  or  if  the  Magiftrates  of  the  place, 
where  thefe  particulars  dwell,dooppofe  thefe  proceedings- 
of  the  King  :  let  them  in  Gods  name  obey  their  lea- 
ders, and  imploy  all  their  means  fas.  in  the  fervice  of 
God)  ro  aid  the  Holy  and  commendable  Enterprifes 
of  thofe,  which  oppofe  themfelves  lawfully,  againft 
his  wicked  intention.  Amongft  others,  they  have  the 
examples  oi  the  Centurions,  and  men  at  arms,  which 
readily  and  cheerfully  obeyed  the  Princes  oijuda,  who 
ftirred  up  by  Jehoidas,  purged  the  Church  from  all 
prcphanation,  and  delivered  the  Kingdom  from  the 
Tyranny  of  Athiliab.  But  ii  the  Princes,  and  Magi- 
strates, approve  the  courfes  of  an  outragious  and  irre- 
ligious Prince,    or  if  they  do  not  refill  him,  we  mull 

Mm  10.  23.  lend  our .  Ears  to  the  Council  of  Jefus  Chrift,  to  wit, 
retire  our  felves  into  fome  other  place}  wc  have  the 
example  of  the  faithful  mixed  among  the  ten  Tribes 
of  TjraeU  wno  &'">£  tnc  tiue  ft'  vice  cT  God  abolished 
by  Jeroboam,  and  that  none  made  any  aceumpt  of- it, 
they  reared  themfelves  into  the  territories  of  j.vqpk0 
where  Religion  remained  in  her  purity:  ictus  rather 

forfakc 


(5D 

forfake  our  livelyhoods  and  Jives,  then  God,  let  us 
raihcr  be  Crucified  our  fdves,  then  Crueifie  the  Lord 
of  Life:  fear  not  them  ffaith  the  Lord)  which  can  only 
kill  the  Body.  He  himfelf,  his  Apojlel^  and  an  infihie 
Number  of  Chriftian  Martyrs,  have  taught  us  this  by 
their  examples  ;  fnall  ft  not  then  be  permitted  to  any 
private  perfon  to  refift  by  Arms  >  what  (hall  we  fay 
of  Mtfet,  which  lead  Ifrael  away  in  defpite  of  King 
Pbaroab  t  And  of  Ebud,  which  after  ten  Years  fervi- 
tude,  when  Ifrael  might  feem  to  belong  by  right  of 
prefcription,  to  him  which  held  the  pofleffion  thereof, 
he  killed  Eglon,  the  King  of  Maab,  and  delivered  Ifrael 
from  the  Yoak  of  the  Mo.ibites,  and  of  Jehu,  which  put 
to  death  his  Lord  the  King  Joram,  extirpated  the  race 
of  Ahab)  and  diftroyed  the  Priefts  of  Baaly  were  not 
thefe  particulars  ?  I  anfwer,  that  if  they  be  confidered 
in  thcmfelves,  they  may  well  be  accounted  particular 
perfons,  infomuch  as  they  had  not  any  ordinary  vena- 
tion ;  But  feeing  that  we  know  that  they  were  called 
Extraordinarily,  and  that  God  himfelf  hath  (i(  we  may 
fo  fpeakj  put  his  Sword  into  their  hands,  be  i:  far  from 
us  to  account  them  particular  or  private  perfons :  but 
rather  let  us  eftcem  them  by  many  degrees,  excelling 
any  ordinary  Magiftratcs  whatfoever.  The  calling  of 
Mofes  is  approved  by  the  exprefs  word  of  God,  and  by 
mod  evident  miracles,  it  isfaid  of  Ehud,  that  God  ftir- 
red  him  up  to  kill  the  Tyrant,  and  deliver  Ifrael-,  {or 
Jehu,  he  was  anointed  by  the  Commandment  of  the 
Prophet  Eliz.eus,  for  to  root  out  the  race  of  Ahah,  be- 
fides,  that  the  principal  men  faiuted  him  King,  before 
he  executed  any  thing.  There  may  as  much  be  fa  id 
of  all  the  reft,  whofe  examples  are  propounded  in  holy 
Writ.  But  where  God  Almighty  doth  not  fpeak  with 
his  own  mouth,nor  extraordinarly  by  his  Prophets,  it  is 
there  that  we  ought  to  be  exceeding  cautious,  and  to 
ftand  upon  our  Guards  •,  for  if  any  fuppofing  he  is  in- 
fpired  by  the  Holy-Ghoft,  do  .attribute  to  hwrifelf  the 
before  mentioned  Authority,  I  would  intreat  him  to 
look  that  he  be  not  puffed  up  with  vain  Glory,  and 
H  x  leaft 


0&) 

leaf!  he  make  not  a  God  to  himfelf  of  his  own  fancy, 
and  Sacrifice  to  his  own  invenrions,  let  him  not  then 
be  conceived  wiih  vanity,  lea  ft  inftead  of:  Fruit  he 
bring  forth  deluding  Lies.  Let  the  people  alio  be  ad- 
vifed  on  their  parts,  leaft  in  defiring  to  right  under  the 
Banner  of  Jefus  Cbrijl,  they  run  not  to  their  o^n  con- 
fufion  to  follow  the  Army  of  fomc  Oallilean  Thendus^ 
or  oiBweozJbA  •■  as  ic  happened  to  the  Peafafitl  and  Ana- 
baftifts  of  Manlier,  in  Qermany^m  the  Year  132$.  I  will 
not  fay,  notwithftandi.  g  that  the  fame  God  which  to 
puniftT  our  offences,  hath  fent  us  in  theie  our  days, 
both  Pbaroes  and  Ah&h,  may  not  fometimes  raifeup 
extraordinary  deliverances  to  his  people  :  certainly  his 
juftice  and  his  mercv  continue  to  all  Ages,  firm  and 
immutable.  Now  if  thefe  vifible  miracles  appear  not 
as  in  former  times ;  we  may  yet  at  the  leaft  fall  by  the 
cr?e6ts  that  God  works  miraculoufly  in  our  Hearts,which 
is  when  we  have  our  minds  free  from  all  ambition,  a 
true  and  earned  zeal,  a  right  knowledge,  and  confeience ; 
leaft  being  guided  bv  the  Spirit  of  errour  or  ambition, 
we  rather  make  Idols  of  our  own  imaginations,  then 
ferve  and  worfhip  the  true  and  living  God. 

Whether  it  be  lawful  to  takg  Arms  for  Religion  f 

Furthermore  to  take  away  all  fcruple,  we  rnuftneccf- 
farily  anfwer,  thoie  which  efieem,  or  clfe  would,  that 
others  lhould  think  they  hold  that  opinion,  that  the 
Church  ought  not  to  be  defended  1?y  Aims.  They 
lav  with  all  that,  it  was  not  without  a  great  Mi  fiery, 
that  God  did  forbid  in  the  Law,  that  the  Altar  fhould 
be  made  or  adorned  with  the  help  of  any  Tool  of  Iron  ; 
in  like  manner,  that  at  the  building  of  the  Temple  of 
Solomon  .•  there  was  not  heard  any  noife  Ax  or  Ham- 
mer, or  other  Tools  of  Iron  ;  from  whence  th?y  Col- 
iccl  the  Church  which  is  the  lively  Temple  of  the  Lord, 
ought  not  to  be  reformed  by  Arms  :  yea,  as  if  the 
Stones  of  the  A l car,  and  of  the  Temple,  were  hewed 
and  taken  out  of  the  quarries  without  any  Inftrumcntoi 

Iron, 


(  H 


Iron,  which  the  l  ext  of  the  Holy  Scripture  doth  diffid- 
ently clear.    But  ii  we  oppofe  to  this  goodly  Allegory, 
that  which  is  written  In  the  fourth  Chapter  of  the  Book 
of  ttthemiab,  that  one  part  of  the  people  carried  mor- 
tar, and  another  part  flood  ready  with  their  weapons, 
that  fome  held  in  o  :e  hand  their  fwords ,  and   with  the 
other  carried  the  Materials  to  the  workmen,  for  the  re- 
building of  the  Temple;  to  the  end,  by  this  means  to 
prevent  their  Enemies  trom  ruinrg  their  Work  -,  we 
fay  alfo,that  the  Church  is  neither  advanced,  nor  edify- 
cd  by  thefe  material  weapons  \  but  by  thefe  arms  it  is 
warranted,  and  prefcrved  from  the  violence  of  the  ene- 
mies, which  will  not  by  any  means  endure  the  encreafe 
of  it.  Briem/jthere  hath  been  an  infinite  number  of  good 
Kings  and  Piincesfas  Hiftories  do  rcltifie,which  by  Arms 
have  maintained  and  defended  the  fervice  of  God  a- 
gainfl  Pagans.    They  reply  readily  to  this,  that  Wars 
in  this  manner  were  allowable  under  the  Law;  butfince 
the  time  that  Grace  hath  been  offered  by  Jefus  Chrift, 
who  would  not  enter  into  Jerufakm  mounted  on  a 
brave  Horfe;but  meekly  fitting^on  an  Afs  ;  thi*  man- 
ner of  proceeding  hath  had  an  end,l  anfwerfirft.  that  all 
ar^ree  with  me  in  this,  that  our  Saviour  Chrift  during  alt 
the  time  that  he  converfed  in  this  world,  rook  not  on 
him  the  Office  of  a  Judge  or  King ;  but  rather  of  a  pri- 
vate Perfon,  and  a  Delinquent  by  imputation  of  our 
tranfgretlionsj  fo  that  it  is  an  Allegation  belides  the  pur- 
pofe,  to  (ay  that  he  hath  not  managed  Arms.But  I  would 
willingly  demand  of  fuch  Exceptionifts;  whether  that 
they  think  by  the  coming  ot  Jefus  Chrift  in  the  fle(h,that 
Magiflratcs  have  loft  their  right  in  the  Sword  of  Au- 
thority? It  they  fay  fo,5t.P4.^  contradi£ts  therrn  who  ^r™1'  13'  4' 
fays  that  the  iVlagiftiates  carrys  not  theSword  in  vain,and      s  23"  I7' 
did  not  refufe  theft  aiiiftance  and  power5againit  the  . vio- 
lence of  thofe  which  had  confpired  his   death.     And  if 
they  confent  |  to  the  faying  of  the  Apoftle  :to  what  pur- 
pose fhould  the  Maga%ates  bear  the- Sword,  if  it  be  no:- 
to  ferve  God  ,  who'  hath 'jc&ttxmked  ft  to  them,  to de- 
fend the  good  and-  punifh  the  bad?  Cab  they  do' better 

fervice. 


(  54) 
iervicethanto  preferve  the  Church  from  the  violence  of 
the  wicked,  and  to  deliver  the  flock  of  Chrift,  from  the 
fwordsof  murtherers ?  I  would  demand  of  [hem  yet, 
whether  they  think  that  all  ufe  of  Arms  is  forbidden  to 
Chriftians  ?  If  this  be  their  opinion,  then  would  I  know 
of  them,  wherefore  Chrift  did  grant  to  the  Centurion 
hisrequeft?  wherefore  did  he  give  fo  excellent  atefti- 
Mxtx. 8.9  13-  monyof  him?   wherefore  doth  St.Jobn  Baptift  com- 
Luc.  3. 14.     mand  the  Men  at  Arms    to  content  themfelves  with 
jtl.  10.  47.    ^g-,.  pay^  ancj  not  co  ufeany  extortion,  and  doth  not  ra- 
ther perfwade  them  to  leave  their  calling  ?  Wherefore 
did  Si.Peter  baptize  Cornelius  the  Ccnturian,  who  was  the 
firft-fruits  of  the  Gentiles  ?  From  whence  comes  it  that  he 
did  not  in  any  fort  whatloever  councel  him  to  leave  his 
charge  ?    Now  if  to  bear  arms  and  to  make  War  be  a 
thing  lawful,  can  there  podibly  be  found  any  War  more 
juft,  than  that  which  is  taken  in  hand  by  the  command  ot 
the  Superiour,  for  the  defence  of  the  Church,  and  the 
prefervation  of  the  faithful  ?   Is  there  any  greater  tyran- 
ny, than  that  which  is  excrcis'd  over  the  Soul?  Can  there 
be  imagined  aWar  more  commendable  than  that  which 
fupprelieth  fucha  Tyranny?  For  the laft point, I  would 
willlingly  know  of  thefe  Men ,  whether  it  be  abfolutely 
prohibited  Chriftians ,  to  make  War  uporj  any  occa- 
fion  whatfoever  <  li  they  fay,that  it  is  forbidden  them, 
from  whence  comes  it  then  that  the  Men  at  Arms, 
Captains  and  Centurions,  which  had  no  other  employ- 
ment j  but  the  managing  of  Arms  were  always  receiv- 
ed into  the  Church  ?  wherefore  do  the  antient  Fathers, 
andChriftian  Hiftorians  make  fo  horrible  mention  of 
certain  Legions  compofed  wholly  of   Chriftian  Souldi- 
crs,  and  amongft  others  of  that  of  Alalia,  Co  renown- 
ed for  the  vi&ory  which  they  obtained,  and  of  that  of 
Thebes^  of  the  which  Si. Mauritius was  General,  who  fuf- 
fered  Martyrdom  together  with  all  his  Troops,  for  the 
confefling  the  Name  of  Jcfus  Chrift  ?  And  if  it  be  per- 
mitted to  make  War  (as  it  may  be  they  will  confefsj  to 
keep  the  Limits  and  Towns  of  a  Country,   and  tore- 
pulfe  an  "invading  Enemy  ■  Is  it  not  yet  a  thing  much 

more 


(  5s ; 

more  .reafonable,to  take  Arms  to  preferve  and  defend 
honed  Men,  to  fuppreis  the  wicked, and  to  keep  and  de- 
fend the  limits  and  bounds  of  the  Church,  which  is  the  . 
Kingdom  oi  JefusChrifl  ?  If  it  were  other  wife,to  what 
purpofe?  fhouldSt.  John  have  foretold,  that  the  Whore 
of  Babylon^  (ball  be  finally,  ruined  by  the  ten  Kings,  Apoc.  27.  26. 
whom  (he  hath  bewitched?  furthermore,  if  we  hold  a 
contrary  opinion,  what  (hall  we  fay  of  the  Wars  of 
Conji Amine,  againft  Maxentm^  and  Licimim^  celebrated 
by  lb  many  publick  orations,  and  approved  by  the 
Teftimony  of  an  infinite  number  of  Learned  Men,what 
opinion  (hould  we  hold  of  the  many  Voyages,  made  by 
Chriftian  Priices,  agaiufl;  the  Turks  and  Saraum  to 
Conquer  the  Holy  .Land,  who  had  not,  or  at  the  leaf}, 
ought  not  to  have  had,  anv  other  end  in  their  defigns; 
but  to  hinder  the  enemy  from  ruining  the  Temple  of 
the  Land,  .and  to  t'eftore  the  integrity  of  his  fervice  in- 
to thole*  Countries,  Although  then  that  the  Church  be 
not  increafed  by  Arms,  notwithstanding  it  may  be 
juftly  prefer ved  by  the  means  of  Arms ;  I  fay  farther, 
that  thofe  that  dye  in  fo  holy  a  War,  are  no  lefs  the 
Martyrs  of  Jefus  Chrift,  then  their  brethren  which  were 
put  to  death  for  Religion  ;  nav,  they  which  dye  in  that 
War  feem  to  have  this  inadvantage,  that  with  afree 
will  and  knowing  fufficiently  hazard,  into  which  they 
caft  themfelvesj  notwithftanding,  do  couragioufly  ex- 
pofc  their  lives  to  death  and  danger,  whereas  the  0- 
ther  do  only  not  refufe  death  ,  when  it  behoveth  them 
to  fuffer.  The  Turfy  ftrive  to  advance  their  opinion  by 
the  means  of  Arms,  and  if  they  do  fubdue  a  Country, 
they  prelently  bring  in  by  force  the  impieties  of  Maho- 
met ,  who  in  his  Alcoran,  hath  fo  recommended  Arms ,  • 
as  they  are  not  albamed  to  fay  it  is  the  ready,  way  to 
Heaven  ,  yet  do  the  TurQ  conft rain  no  man  in  matter  of 
Confcier.ce.  But  he  which  is  a  much  greater  Adverfa- 
ry  to  Chrtfl  and  true  Religion  ,  with  all  thofe  Kings 
whom  he  hath  inchanted,  oppolcth  Fire  and  Fagots,  to 
the  light  of  the  Gofpel,  tortures  the  word  of  God,  com- 
pelling by  wracking,  and  torments,,  as  much  as  in  him, 

lieth , 


(  4<5) 
licth  ,  all  men  to  become  Idolaters^  and  finally  fsnot 
afljamed,  to  advance  and  maintairrtheir  Faith  and  Law 
by  perfidious  difloyalty,  and  their  traditions  by  con- 
tinual Treafons.    Now  on  the  contrary,  thofe  good 
Princes  and  Magiflrates,  are  faid  properly  to  defend 
themfelves,   which  invirone  and  fortifie  by  all  their 
means  and induftry  the  vine  of  Chrift,  already  planted, 
to  be  planted  in  places  where  it  hath  not  yet  been,  lead 
the  wild  Boor  of  the  Forcft  (houldfpoil  or  devour  it: 
They  do  this  (I  fay)  in  covering  with  their  Buckler,  and 
defending  with  their  fword,  thofe  which  by  the  preach- 
ing of  theGofpel  have  been  converted  to  true  Religion, 
and  in  fortifying  with  their  bed  ability,  by  Ravelins, 
Ditches,   and  Rampers  the  Temple  of  God  built  with 
lively  (tones,  until  it  have  attained  the  full  height,  in 
defpite  of  all  the  furious  aflaults  of  the  enemies  there- 
of, we  have  lengthened  out  this  cfifcourfc  thus  far  to 
the  end,  we  might  take  away  all  fcruple  concerning 
this  quefKon.    Set  then  the  Eftates,  and  all  the  Offi- 
cers of  a  Kingdom,  or  thegreateft  part  of  them,  every 
one  eftablinYd  in  authority  by  the  people.-  know,  that  if 
they  contain  not  within  his  bounds  for  atthelcaft,  im- 
ploy  not  the  utmoft  of  their  endeavours  thereto)  a  King 
that  feeks  to  corrupt  the  Law  of  God,  or  hinders  the 
reeftablifhfnent  thereof,   that  they  offend  grievoufly  a- 
gainft  the  Lord,  with  whom  they  have  contracted  Co- 
venants upon  thofe  conditions:  Thofe  of  a  Town,  or  of 
a  Province,  making  a  portion  of  a  Kingdom,  let  them 
know  alfo,  that  they  draw  uponthemrdves  the  judgment 
of  God,  if  they  drive  not  impiety  out  of  their  Walls 
and  Confins,   if  the  King  feek  to  bring  it  in,  or  if  they 
be  wanting  topreferve  by  all  means,  the  pure  Do&rin  of  the  Gof- 
pel,  although  for  the  defence  thereof,  they  futfer  for  a  time  banifh- 
ment,  ©r  any  other  mifery.   Finally,  more  private  men  muft  be  all 
advertifed,   that  nothing   can  excufe  them,  if  they  obey  any  in 
that  which  offends  God,  and  that  yet  they  have  no  Right  nor  War- 
rant,    neither  may   in  any  fort  by  their  private  authority  take 
Arms,  if  it  appear  not  moft  evidently,  that  they  have  extraordi- 
.  nary  vocation  thereunto,  ali  which  our  difcourfe  will  fuppofe  we 
>  have  confirmed  bv  pregnant  Teftimonies  drawn  from  holy  writ. 

THE 


(  57  ) 


The    Third  QjiESTlON. 

Whether  it  be  lawful  to  refifl  a  Prince  which  doth  op- 
frefi  or  Ruin  a  Publicly  State^  and  how  far  fuch  re- 
fiftance  may  he  extended,  by  whm,  how'*,  and  by  what 
Right,  or  Law  it  is  permitted. 

FO  R  fo  much  as  we  mud  here  difpute  of  the  lawful  Au- 
thority   of  a  lawful  Prince,   I  am  confident    that   this 
Queftion  will  be  the  left  acceptable  to  Tyrants,  and  wicked 
Princes j  for  it  is  no  marvel  ifthofe  which  receive  no  Law, 
but  what  their  own  Will,  and  Fancy  dictates  unto  them,  be 
deaf  unto   the  voyce  of  that  Law  which  is  grounded  upon 
Reafbn.     But    I  perfwade   my  felf  that  good  Princes  will 
willingly  entertain  this  Difcourfe,  infbmuch  as  they  fufficient- 
ly  know  that  all  Magiilrates,  be  they  of  never  fo  high  a 
Rank,  are  but    an  inanimated  and  fpeaking  Law,  neither 
though  any  thing  be  prefled  home  againft  the  bad,  can  it  fall 
within    any   inference   againft  the  good  Kings,  or  Princes 
asalfo  good  and  bad  Princes  are  in  a  direct  Diameter  oppo- 
fite  and  contrary  ;  therefore  that  which  fhall  be  urged  a- 
gainft  Tyrants,  is  fo  far  from  detracting  any  thing  from 
Kings,  as  on  the  contrary,  the  more  Tyrants  are  laid  open 
in   their  proper  Colours,  the   more  Glorious  doth  the  true 
Worth,  and  Dignity  of  Kings  appear ;  neither  can  the  vitious 
imperfections  of  the  one  be  laid  open  but  it  gives  Addition 
of  perfections,  and  refpect  to  the  Honour  of  the  other.  But 
for  Tyrants  let  them  fay  and  think  what  they  pleafe,  that 
fhall    be  the  leaft  of  my  Care ;  for   it  is  not  to  them;  but 
againft  them  that  I  Write  j  for  Kings  I  believe  that  they  will 
readily  Content  to  that  which  is  propounded,  for  by  true 
proportion  of  Reafbn  they  ought  as  much  to  hate  Tyrants 
and   wicked  Governors,  as  Shepherds  hate  Wolves,  Phifici- 

I  ans 


■s£k 


(  y*  ) 

ans,  Imprifoners,  true  Prophets,  falfe  Djfbrs,  for  it  mull 
neceffmly  occur  that  Reafbn  infuieth  into  good  Kin^s  as 
much  hatred  againff.  Tyrants,  as  Nature  imprinteth  in  Dogs 
againft  Wolves,  for  as  the  one  lives  by  Rapine  and  fpoyl* 
io  the  other  is  born  or  bred  to  redrefs  and  prevent  all  fach 
Outrages.  It  may  be  the  Flatterers  of  Tyrants  will  caff,  a 
fupercilious  A/peel:  on  the(e  Lines;  but  if  they  were  not  pad 
all  Grace  they  would  rather  blufh  for  fhame.  I  very  well 
know  that  the  Friends  and  faithful  Servants  of  Kings  will 
not  only  approve  and  lovingly  entertain  this  Difcourfe  but 
alio  with  their  "beft  Abilities  defend  the  Contents  thereof 
accordingly  as  the  Reader  (hall  find  himfelf  moved  ei- 
ther with  Content  or  diflike  in  the  reading  hereof,  let  him 
know  that  by  that  he  (hall  plainly  difcover  either  the  affecti- 
on, or  hatred  that  he  bears  to  Tyrants,  let  us  now  enter  in- 
to the  matter. 

Kings  are  made  by  the  People. 

We  hare  (hewed  before  that  it  is  God,  that  doth  appoint 
Kings,  which    chufeth  them,  which  gives  the  Kingdom  to 
tfoem  :  now*  we  fay  that  the  People  eftablifh  Kings,  putteth 
the  Scepter  into  their  hands,  and  which  with  their  Suffrages, 
approveth  the  Election.     God  would  have    it  done  in  this 
manner,  to  the  end,  that  the  Kings  mould  acknowledge,  that 
after  Gcd  they  hold  their  power  and  Soveraignty  from  the 
people,  and  that  it  might  the  rather  induce  them,  to  apply 
and  Addrefs  the  utmoft  of  their  care  and  thoughts  for  the 
profit  of  the  people,  without  being  puffed  with  any  vain  i- 
maginalion  ,    that   they  were  formed  of  any  matter  more 
excellent  then  other  Men  ;  for  which  they  were  railed  ib  high 
above  others :  as  if  they  were  to  Command  our   flocks  of 
(heep,  or  heards  of  Cattel ;    but  let  them   remember  and 
?<now,  that  they  are  of  the   fame  Mould  and  Condition  as 
others,  raifed  from  the  Earth  by  the  voice  and  Acclamations , 
now  as  it  were  upon  the  moulders  of  the  people  unto  their 
Thrones,    that  they  might  afterwards  bear  on  their  own 
fhoulders  the  greateft  burthens  of  the  Commonwealth.     Di- 
rers  Ages  before  that  the  people  of  Ifrael  demanded  a  King, 
God  gave  and  appointed  the  Law  of  Royal  Government 

contained 


(  19  ) 

contained  in  the  17.  Chapter  Verfe  14.  of  Dcut.  when  fays 
Mofet,  thou  art  come  unto  the  Land  which  the  Lord  thy 
God  giveth  thee,  and  (halt  poflefs  ir,  and  (halt  dwell  there- 
in, and  (halt  lay,  I  will  let  a  King  over  me  like  as  all  the 
Nations  that  are  about  me,  4:hou  (halt  in  any  wife  let  him 
whom  the  Lord  thy  God  (hall  chufe  from  amongft  thy  Bre- 
thren, &c.  You  lee  here  ,  that  the  Election  of  the  King 
«  attributed  to  God,  the  eftablifhment  to  the  people  :  now 
when  the  practice  of  this  Law  came  in  ufe,  fee  in  what 
manner  they  proceeded.  The  Elders  of  jjracl  which  prefen-  -_ 
ted  the  whole  Body  of  the  people,  (  under  this  name  of  El-  *    '  *' 

ders,  are  comprehended  the  Captains,  the  Centurions,  Com- 
manders over  fifties  and  tens,  Judges,  Provofts ;    but  princi- 
pally the  chiefeft  of  Tribes )  came  to  meet  Samul  in  fyimah, 
and  not  being  willing  longer  to  endure  the  Government  of 
rhe  Sons  of  Samuel,  whole  ill  Carriage  had  juftly  drawn  on 
them  the  peoples  diflike,  and  withal  perlwading  themfelves 
that  they  had  found  the  means  to  make  their  Wars  hereafter   x    m%  ^' 
with  more  advantage,  they  demanded  a  King  of  Samuel,  who 
asking  Councel  of  the  Lord,  he  made  known  that  he  had 
chofen  Saul  fcr  the  Governor  of  his  people.     Then  Samuel 
anointed  Saul,  and  performed  afl  thofe  Rights  which  belong 
to  the  '"Election  of  a  King  required  by  the  people.     Now 
this    might  perhaps  have  feemed  fofficient,  if  Samuel  had 
prefented  to  the  people  the  King  that  was  chofen  by  God, 
and  had  admonifhed  them  all  to  become  good  and  obedient 
Subjects.     Notwithstanding  to  the  end,  that  the  King  might 
know  that  he  was  eftabliflied  by  the  people,  Samuel  appoin- 
ted the  Eftates  to  meet  at  Mijpab,  where  being  affembled  as  if  1  Sam.  20,1  2. 
the  bufinefs  were  but  then  to  begin,  and  nothing  had  alrea-  &Cm 
dybeen  done,  to  be  brief  as  if  the  Election  of  Saul  were  then 
only  to  be  treated  of,  the  Lot   is  call  and  falls  on  the  Tribe 
of  'Benjamin,  after    on  the  Family  of  Matri,  and  laftly  on 
Saul,  born  of  that  Family  who  was  the  fame  that  God  had 
chofen  :  Then  by  the  Confent  of  all  the  people  Saul  was  de- 
clared King.     Finally,  that  Saul  nor  any  other  might  attri- 
bute the  aforefaid  buhnefs  to  chance  or  Lot,  after  that  Saul 
had  made  fbme  proof  of  his  Valour    in  raifing  the  fiege  of 
the  Ammom'iet  in  Jabifo  Gilead .-  fbme  of  the  people  prctfing 

I  2  the 


(  6o  ) 

"  the  bufinefs  he  was  again  confirmed  King  in  a  full  aflembly 
at  Gtlgal;  ye  fee  that  he  whom  God  had  chofen,  and  the 
Lot  had  feparated  from  all  the  reft ,  is  eftablifhed  King  by 
the  Suffrages  of  the  People. 

And  for  David,  by  the  Commandment  of  God,  and  in  a 
^manner  more  evident  then  the  former,  after  the  rejection  of 
Said,  Samuel  anointed  for  King  over  ljrael ;  David  chofen  by 
the  Lord,  which  being  done,  the  Spirit  of  the  Lord  prefently 
left  Saul,  and  wrought  in  a  fpecial   manner  in  David;  But 
David  notwithftanding  Raigns  nor,  but  was  compelled  to  fave 
himfelf  in  Defaris  ,an4  Rocks,  oftentimes    falling  upon  the 
very  brim  of  defrru&ion,  and  never  Raigned  as  King   till 
after  the  Death  of  Saul ;  for  then  by   the  Suffrages  of  all 
the  People  of  judah  he    was  firft  chofen,  King  of    Judah, 
and  feven  years  after  by  the  Confent  of  all   Ifrael,  he  w^s 
inaugurated  King  of  Ifrael  in  Hebron.     So  then  he  is  annoin- 
ted  firft  by  the  Prophet  at  the  Commandment  of  God,  as  a 
Token  he   was  chofen.  Secondly  by  the  Commandment  of 
the  People  when  he  was  eftablifhed  King.     And  that  to  the 
end  that  Kings  may  always  remember  that  it  is  from  God  ; 
but   by  the  People,  and  for  the  Peoples  fake  that  they  do 
Raign,  and  that  in  their  Gl»ry  they  fay  not  ( as  is  their  Cu- 
ftom  )  they   hold  their  Kingdom  only  of  God  and  their 
Sword,  but.  withal  add  that  it  was  the  People  which  firft  girt 
them  with  that  "Sword.     The  fame  Order  offered  in  Solomon, 
although  he  was  the  Kings  Son, God  hath  chofen  Solomon,  to 
fit  upon  the  Throne  of  his  Kingdom,  and  by  exprefs  words 
had  promifed  David  to  be  with  him  and  affift  him  as  a  Father 
his  Son.     David  had  with  his  own  mouth  defigned  Selomon  to 
be  Sucafior  to   his  Crown  in  the  Pretence  of  fbme  of  the 
principal  of  his  Court.     But  this  was  not  enough  and  there- 
fore David  aflembled  at  Jerufa/em  the  Princes  of  Ifrael,  the 
heads  of  the  Tribes  the  Captains  of  the  Souldiers  and  Ordi- 
nance Officers  of  the  Kings,  the  Centurions  and  other  Ma- 
giftratcsof  Towns  together  with  his  Sons,  the  noble  Men 
and  wonhieft  Perfonages  of  the  Kingdom,  to  conlult  and 
refblve  upon  the  Election.     In  this  Alterably  after  they  had 
called  upon  the  Name  of  God,  Solomon  by  the  Confent  of 
the  whole  Congregation  proclaimed  and  anointed  for  King, 

and 


(6i  )  ■ 

and  fat  (  Co  faith    the   Text  J  upon  the  Throne  of  Ifrael ; 
then  and  not  before   the  Princes  the  Noblemen  his  Brothers 
themfelves  do  him  Homage,  and  take  the  Oath  of  Allegiance. 
And  to  the  end,  that  it  may  norbe  faid,  that  that  was  only- 
done  to  avoid  occafion   of  Difference,  which  might  artfe  a- 
monglt  the  Brothers  and  Sons  of  David  about  die  Succeflv- 
on,  we  read   tint   the  other  following  Kings  have  in    the 
fame  manner  been  e'ltabliihed  in  their  Places,  it  is  (aid,  that 
after  the  Death  of  Solomon,  the  People  affembled  to  create 
his  Son  Rehoboam  King.     After  that  Amazjah  was  killed,   O- 
%iat  his  only  Son  was  chofen  King  by  all  the  People,  Orbo- 
fias  after  Joram,  Joachim,  the   Son    of  Jofias,  after  the    Di£ 
eafe  of  his  Father,  whofe  piety  might  well  feem  to  require 
that  without  any  other  Solemnity,  notwithflanding   both  he 
and   the  other   were  chofen    and   invefted  info  the  Royal 
Throne,  by  the  Suffrages  of  the  People.     To  which  al(b 
belongs,  that  which  Hujhai  faid  to  Abfalom;  nay,  but  whom  2  Sara.  i5.  iS* 
the  Lord  and   his  People,  and  all  the  Men  of  Ifrael  chufe, 
his  will  I  be,  and  with  him  will  I  abide  ;  which  is  as  much 
as  to  fay,  I  will  follow  the  King  lawfully  eftablifhed,  and 
according      to    the    accuftomed    order;     wherefore  ,    al- 
though  that  God  had  promifed  to  his  People  a  perpetual 
Lamp,  to  wit,  a  King,  and   a  continual  Succeflbr   of  th? 
Line  of  David,  and  that  the  Succeflor  of  the  Kings  of  this  Pfal  132.  il. 
People  were  approved  by  the  Word  of  God  himfelf.     Not-  42. 
withstanding,  iince  that  we   fee  that    the  Kings  have   not 
reigned,  before  the  People  had  ordained  and  inftalled  them, 
with  requifite  Ceremonies ;. it  may  be  collected  from  thisy 
that  the  Kingdom  orlfrael  was  not  Hereditary,  if  we  confider 
David  and  the  promife  made  to  him,  and  that  it  was  wholly 
Elective,  if  we  regard  the  particular  Perfins.     But  to  wh-ir 
purpofe  is  this,  but  to  make  it  apparent,  that  the  Election  is' 
only  mentioned,  that  the  Kings  might  have  always  in  their 
Remembrance,  that  they  Were  raifed  to  their  Dignities  by 
the  People,  and  therefore  they  fhould.  never  forget  during' 
Life,  in  what  a  ftri£t  bound  of  Obfervance  they  are  tied  to 
thofe  from  whom  they  have  received  all  their  Greatnefs.  We 
read  that  the  Kings  of  the  Heathen  have  been1  eftablifhed  nlfbJ 
by  the  People  ^  for  as  when  they    had  either   Troubles  at 

Home, 


(  6z) 

Heme,  or  Wars  Abroad,  fome  one,  ia  whole  ready  Valor;- 
and  difcrcet  Integrity,  the  People  did  principally  rely  and  re- 
pole  their  greatcft  Confidence,  hinj  they  prelently  with  an  u- 
niverlal  Consent  cenftituted  Kjng.  Cicero  faith,  that  amongft 
the  Mcdes,  Diodes,  from  a  Judge  of  private  Controverts, 
was  for  his  Uprightnefs,  by  the  whole  People  elected  King, 
and  in  the  fame  manner  were  the  firfr.  Kings  chofen  amongft 
the  Rowans.  Inlbmuch,  that  after  the  Death  of  fymulus,  the 
Inrerraign  and  Government  of  the  hundred  Senators  being 
little  acceptable  to  tie  Jlutrites,  it  was  agreed  that  from 
thence  forward  the  King  mould  be  chofen  by  the  Suffrages 
of  the  People,  and  the  Approbation  of  the  Senate.  Tarquinius 
Superbus  was  therefore  efteemed  a  Tyrant,becaufe  being  chofen 
neither  by  the  People  nor  the  Senate,  he  intruded  himfelf  into 
the  Kingdom  only  by  Force  and  Ufurpation  :  Wherefore  Ju- 
lius Cafar  long  after,  though  he  gained  the  Empire  by  the 
Sword,  yet  to  the  end  he  might  add  fbme  fliadow  or  pre- 
tenceof  Right  to  his  former  Intrufion,  he  caufed  himfelf  to  be 
declared  both  by  the  People  and  Senate  perpetual  Dictator. 
Augujlw  his  adopted  Son,  would  never  take  on  him  as  Inheri- 
tor of  the  Empire,  although  he  were  declared  lb  by  the  Te- 
ftamenfs  of  Cafar,  but  always  held  it  as  of  the  People  and 
Senate.  The  lame  aho  did  Tiberius,  Caligula  and  Claudius, 
and  the  fjrfr.  that  aflumed  the  Empire  to  himlelf,  without 
any  colour  of  Right,  was  Nero,  who  alio  by  the  Senate  was 
condemned.  Briefly,  for  fo  much  as  none  were  ever  born 
with  Crowns  on  their  Heads,  and  Scepters  in  their  Hands, 
and  that  no  Man  can  be  a  King  by  himfelfl  nor  reign  without 
People  ;  whereas  on  the  contrary,  the  -Irople  may  fubfift  of 
themselves.,  and  were  long  before  they  had  any  Kings,  it 
mull  of  neceility  follow,  that  Kings  were  at  the  firfr.  confti- 
tuted  by  the  People  ;  and  although  the  Sons  and  Dependants 
of  fuch  Kings  inheriting  their  Fathers  Vertues,  may  in  a 
fort  feem  to  have  rendered  their  Kingdoms  Hereditary  to 
their  Qh>  firings,  and  that  in  fome  Kingdoms  and  Coun- 
treye,  the  Rig} it  of  free  Election  feems  in  a  fort  buried  ; 
yet  notwithstanding,  in  all  well  ordered  Kingdoms,  this 
Cuftom  is.  yet  remaining,  the  Sons  do  not  fuccecd  the  Fa- 
thers, before  the  People  have  rirlt  as  it  were  anew  cftablifhed 

rhem 


( ^ ) 

them   by  their  near  Approbation  ;  neither  were  t'hey   ac- 
knowledged'in  Quality,  as  inheriting  it  from  the  Dead  ;  but 
approved  and  accounted  Kings  then  only,  when  they  were 
inverted  with  the  Kingdom,  by  receiving  the  Scepter  and 
Diadem  from  the  Hands  of  thofe  who  reprefent  the  Maje- 
fty  of  the  People.     One  may    lee  mofl:  evident    Mirks  of 
this  in  Chriltian  Kingdoms,  which  are  at  this  day  efteemed 
Hereditary  ;  for  the  French  King,  he  of  Spain  and  England,- 
and  others,  are  commonly  Sacred,  and  as  it  were,  put  into 
PofTeffion  of  their   Authority  by   the  Peers,  Lords  of  the 
Kingdom,  and  Officers  of  the  Crown,  which  reprefent  the 
Body  of  the  People  ;  no  more  nor  lefs  than  the  Emperors  of 
Germany  are  chofen  by  the  Electors,  and  the  Kings  of  Polo- 
nia,  by  the  Yawodes  and  Palatines  of  the  Kingdom,  where 
the  Right  of  Election  is  yet  in  force.     In  like  manner  alio, 
the  Cities  give  no   Royal  Reception,  nor  Entries    unto  the 
King,  but  after  their  Inauguration,  and  anciently  they  ufed 
not  to  count  the  times  of  their  Reign,  but  from  the  day  of 
their  Coronation,  the  which  was  ftric"t.ly  obierved  in   France. 
But  lead:  the  continued  Courfe   of  fome   Succeflions  fhould 
deceive  us,  we   muft  take  notice,  that  the  Eftates   of  the 
Kingdoms  have  often  preferred  the  Coufin  .before  the  Son, 
the  Younger  Brother  before  the  Elder,  as  in  France,  Lotvis 
was  preferred  before  his  Brother  Robert,   Earl  of  Eureux  j 
[Annates  Gillif\in  like  manner  Henry  before  fybert, Nephew  to 
Capet.    Nay,  which  is  more  by  Authority  of  the  People  in 
the  fame  Kingdom,  the  Crown  hath  been  tranfported  ( the 
lawful  Inheritors  living)  from  one  Lineage  to  another,  as 
from  that  of  Merove  to  that  of  tlieCbarlemains,  and  from  that 
of  the  Charlemains,  to  that  of  Capets,  the  which  hath  alfo  been  ^ 
done  in  other  Kingdoms,  as  the  beft  Hiftorians  teftifie.     But 
not  to  wander  from  France,  the  long  Continuance  and  Pow- 
er of  which  Kingdom  may  in  fbme  fort  plead  for  a  ruling 
Authority,  and  where  Succeffion  feems  to  have  obtained  mofl 
reputation.     We    read  thzt-Pharamond  was   chofen  in  the 
Year  419.  Pepin  in  the  Year  75 1.-  Charles  the  Great,  and 
Charleman  the  Son  of  Pepin  in  the  Year  j6*6.  without  having 
any  refpe£t  to  their  Fathers  former  Eftate.  Charleman  dying 
in  the  Year  yjiu.  his  Portion  fell  not  prefently  into  the 

PofTeffion 


(  64  ) 
PofTeflion  of  his  Brother  Charles  the  Great,  as  k  ordinarily 
happens  in  the  Succeffion  of  Inheritances,  but  by  the  Ordi- 
nance of  the  People  and  the  Eftates  of  the  Kingdom  he  is 
invefted  with  it;  the  feme  Author  witnefleth,  that  in  the 
Year  8ix.  Lewis  the  Courteous,  although  he  were  the  Son  of 
Charles  the  Great  was  alfb  elected  ;  and  in  the  Teftament  of 
Charlemain,  inserted  into  the  Hiftory  written  by  Nauclere, 
Charlemain  doth  intreat  the  People  to  chufe,  by  a  General 
Aflembly  of  the  Eftates  of  the  Kingdom,  which  of  his 
Grand- children  or  Nephews  the  People  pleafed,  and  com- 
manding the  Uncles  to  obferve  and  obey  the  Ordinance  of 
the  People,  by  means  whereof,  Charles  the  Bald,  Nephew 
to  Lewis  the  Courteous  and  Judith,  doth  declare  himfelf  to  be 
chofen  King,  as  Aimonius  the  French  Hiftorian  recites. 

To  conclude  in  a  Word,  all  Kings  at  the  firft  were  al- 
together elected,  and  thofe  which  at  this  day  feem  to  have 
their  Crowns  and  Royal  Authority  by  Inheritance,  have  or 
fhould  have  firft  and  principally  their  Confirmation  from 
the  People.  Briefly,  although  the  People  of  Come  Coun- 
tries have  been  accuftomed  to  chufe  their  Kings  of  fuch  a 
Lineage,  which  for  fome  notable  Merits  have  worthily  de- 
lerved  it  ;  yet  we  muft  believe  that  they  chufe  the  Stock  it 
felf,  and  not  ev^ry  Branch  that  proceeds  from  it ;  neither  are 
they  fb  tied  to  rhat  Election,  as  if  the  Succeffor  degenerate, 
they  may  not  chufe  another  more  worthy,  neither  thofe 
which  come  and  are  the  next  of  that  Stock,  are  born  Kings, 
but  created  fuch,  nor  called  Kings,  but  Princes  of  the  Blood 
Royal. 

The  wl)ole  Body  of  the  People  is  above  the  King. 

Now  feeing  that  the  People  chufe  and  eftablifli  their 
Kings,  it  followeth  that  the  whole  Body  of  the  People  is  a- 
bove  the  King;  for  it  is  a  thing  molt  evident,  that  he  which 
is  eftablifhed  by  another,  is  accounted  under  him  that  hath 
eftablifhed  him,  and  he  which  receives  his  Authority  from 
another,  is  lefs  than  he  from  whom  he  derives  his  Power. 
fotiphar  the  AZgyj>t$an  fetteth  Jofeph  over  all  his  Houfe,  Nebw 
chadne^ar  Daniel  over  the   Province  of  Babj!on>  Darius  the 

(ixfeore 


i  6s ) 

fixfcore  Governors  over  the  Kingdom.  It  Is  commonly  (aid 
that  Mailers  eftablifh  their  Servants,  Kings  their  Officers :  In 
like  manner  alfb  thePeople  eflablifii  the  King  asAdminiflrator 
of  the  Common-wealth.  Good  Kings  have  not  difdained  this 
Title  j  yea,  the  bad  ones  themfelves  have  affected  it ;  info- 
much,  as  for  the  (pace  of  divers  Ages,  no  Roman  Emperor 
(if  it  were  not  fome  abfolute  Tyrant,  as  Nero,  Doimtian,  Ca- 
ligula) would  fuffer  himfelf  to  be  called  Lord,  further- 
more, it  mult  neceflarily  be,  that  Kings  were  inflituted  for 
the  Peoples  Sake,  neither  can  it  be,  that  for  the  Pleafure  ef 
fome  hundreds  of  men,  and  without  doubt  more  foolijh  and  wcrfe 
than  many  of  the  other,  all  the  reft  were  made,  hut  much  rather 
that  thcje  Intndred  were  made  for  the  ZJJe  and  Service  of  ail  the  o- 
ther,  and  reafon  requires  that  he  be  -preferred  above  the  other,  wh» 
was  made  only  to  and  for  his  Occafion:  (6  it  is,  that  for  the 
Ships  Sail,  the  Owner  appoints  a  Pilot  over  her,  who  fits  at 
the  Helm,  and  looks  that  (he  keeps  her  Courfe,  nor  run  not 
upon  any  dangerous  Shelf;  the  Pilot  doing  his  Duty,  is  o- 
beyed  by  the  Marriners  j  yea,  and  of  himfelf  that  is  Owner 
of  the  Veflel,  notwithftanding  the  Pilot  is  a  Servant  as  well 
as  the  leaft  in  the  Ship,  from  whom  he  only  differs  in  this, 
that  he  ferves  in  a  better  place  than  they  do.  In  a  Com- 
mon-wealth, commonly  compared  to  a  Ship,  the  King  holds 
the  Place  of  Pilot,  the  People  in  general  are  Owners  of  the 
Veflel,  obeying  the  Pilot,  whilfl  he  is  careful  of  the  publick 
Good  ;  as  though  this  Pilot  neither  is  nor  ought  to  be  efleem- 
ed  other  than  Servant  to  the  Publick  •  as  a  Judge  or  Gene- 
ral in  War  differs  little  from  other  Officers,  but  that  he  is 
bound  to  bear  greater  Burdens,  and  expofe  himfelf  to  more 
Dangers.  By  the  fame  reafon  alfb  which  the  King  gains  by 
acquifl  of  Arms,  be  it  that  he  poflefleth  himfelf  of  Frontier 
places  in  warring  on  the  Enemy,  or  that  which  he  gets  by 
Efcheats  or  Confifcations,  he  gets  it  to  the  Kingdom,  and 
not  to  himfelf,  to  wit,  to  the  People,  of  whom  the  Kingdom 
is  compofcd  ;  no  more  nor  lefs  than  the  Servant  doth  for  his 
Mailer ;  neither  may  one  contract  or  oblige  themfelves  to 
him,  but  by  and  with  reference  to  the  Authority  derived 
from  the  People.  Furthermore,  there  is  an  infinite  fort  of  People 

K  which 


(  66  ) 

which  live  without  a  King,  but  we  cannot  imagine  a  Kjng 
without  Poople.     And  thole  which   have  been  railed  to  the 
Royal  Dignity,  were  not  advanced  becaule  they  excelled  o- 
ther  Men  in  Beauty  and Comelinefs,nor  in  fome  Excellency  of 
Nature  to  govern  them  as  Shepherds  do  their  Flocks,  but  ra- 
ther being  made  out  of  the  lame'Mafs  with  the  reft  of  the 
People,  they  mould   acknowledge  that  for  them,  they  as  it- 
were   borrow  their    Power  and   Authority.     The    ancient 
Cuftom  of  the  French  reprefents  that  exceeding  well,for  thev 
ufed  to  lift  up  on  a  Buckler,  and  lalute  him   King   whom 
they  had  cholen.     And  wherefore  is  it  laid,  I  pray,  you,  that 
Icings  have  an  infinite  number  of  Eyes,  a  million  of  Ears,  with 
extream   long   Hands,  and  Feet  exceeding  Swift  ?  Is  it    becaule 
they  are   like  to   Argos,  Gerien,  Midas,  and  divers   others  (o 
celebrated  by  the  poets ;  No  truly,  but  it  is  laid  in   regard 
of  all  the  People,  whom  the  bufinels  principally  concerns, 
who  lend  to  the  King  for  the  good  of  the  Common-wealth, 
their  Eys,  their  Ears,  their  Means,  their  Faculties.     Let  the 
People  forlake  the  King,  he  prefently  falls  to  the  Ground, 
although  before  his  Hearing  and  Sight  feemed  mod  excellent, 
and  that  he  was  ftrong  and  in  the  belt  Difpofition  that  might 
be  j  yea,   that  he  feemed  to  triumph  in  all  magnificence,  yet 
in  an  inftant  he  will  become  moft  vile  and  contemptible,  to 
be   brief,  inftead  of  thole   Divine  Honours  wherewith  all 
men  adore  him,  he  mail  be  compelled  to  become  a  Pedant, 
and  whip  Children  in  the  School  at  Corinth.     Take  away  but 
the  Balis  to  this  Giant,  and  like  the  Rhodian  Colofs,  he  pre- 
fently tumbles  on  the  ground  and  falls  into  pieces.     Seeing 
then  that  the  King  is  eftablimed  in  this  degree  by  the'  People, 
and  for  their  Saker  and  that  he  cannot  lubfift  without  them, 
who  can  think  it  ftrange  then  for  us  to  conclude,that  the  People 
are  above  the  King  ?  Now  that  which  we  fpeak  of  all  thePeople 
univerlally,  ought  alio  to  be  underftood,  as  hath  been  deliver- 
ed in  the  lecond  Queftion,  of  thole  which  in  every  Kingdom 
or  Town  do  lawfully  reprefent  the  Body  of  the  People,  and 
which  ordinarily  (or  at  lealf.  mould  be)  called  the  Officers  of 
the  Kingdom,  or  of  the  Crown,  and  not  of  theKing ;  for  the 
Officers  of  the  King,  if  is  he  which  placeth  and  diiplaceth . 

them, 


.      (6?) 

them  at  his  pleafure,  yea,  after  his  Death  they  have  no 
more  power,  and  are  accounted  as  dead.  On  the  contrary, 
the  Officers  of  the  Kingdom  receive  their  Authority  from  the 
People  in  the  general  Ajfembly  of  the  States  (or  at  the  leafl  were  ac~ 
cuflcmed  Jo  anciently  to  hate  done)  and  cannot  be  difauthcrifed 
but  by  them,  fo  then  the  one  defends  of  the  King,  the  other  of  the 
Kjngdcm,  thqfe  of  the  Sever atgn  Officer  of  the  Kingdom,  which  ps 
the  King  hmfelf,  thofe  of  the  Soveraignty  it  /elf  that  is  of  the 
People,  of  which  Soveraignty,  both  the  King  and  all  his  Officers  of 
the  Kjngdcm  ought  to  defend,  the  Charge  of  the  one  hath  proper 
relation  to  the  Care  of  the  Kings  Perfin  ;  that  of  the  other,  to  loo}^ 
that  the  Corr.mon-wealth  receive  no  Damage  ;  the  firft  ought  to 
ferve  and  afffi  the  Kjng>  &  aU  Dcmeficl^  Servants  are  bound  to 
do  to  their  Mafiers  ',  the  other  topreferve  the  Rights  and  Priviledges 
of  the  People,  and  to  carefully  hinder  the  Prince,  that  he  neither 
emit  the  things  that  may  advantage  the  State ,  nor  commit  any 
thing  that  may  endammage  the  Pubhck. 

Briefly,  the  one  are  Servants  and  Domefticks  of  the  Kings, 
and  received  into  their  places  to  obey  his  Perfbn  ;  the  other,  , 
on  the  contrary,  are  as  Aflociates  to  the  King,  in  the  Ad- 
ministration of  juftice,  participating  of  the  Royal  Power 
and  Authority,  being  bound  to  the  utmoft  of  their  power, 
to  be  aflifting  in  the  managing  of  the  Affairs  of  State,  as 
well  as  the  King,  who  is  as  it  were  Prefident  amongfl:  them, 
and  Principal  only  in  order  and  degree. 

Therefore,  as  all  the  whole  People  is  above  the  King,  and 
likewife  taken  in  one  entire  Body,  are  in  Authority  before 
him  j  yet  being  confidered  one  by  one,  they  are  all  of  them 
under  the  King.  It  is  eafie  to  know  how  far  the  Power  of 
the  firft  Kings  extended,  in  that  Ephron,  King  of  the  Hit- 
tit  es,  could  not  grant  Abraham  the  Sepulchre,  but  in  the  Gen.  34, 
Pretence,  and  with  the  Content  of  the  People .-  neither  could 
Hemor  the  Hevite,  King  of  Sichem,  contrail  an  Alliance  with 
Jacob  without  the  Peoples  Ailent  and  Confirmation  thereof  ; 
becaufe  it  was  then  the  Cuftom  to  refer  the  moft  important 
Affairs  to  be  difpenfed  and  refolved  in  the  General  Ailemblies 
of  the  People.    This  might  eafily  be  pra&ifed  in  thofe  King- 

K  z  dom?, 


(  6*  )  . 

doms,  which  were  then  alrr.oft  confined  within  the  Circuit  of 
one  Town. 

But  fince  that  "Kings  began  to  extend  their  limits,  and  that 
it  was  impoffible  for  the  People  to  aflemble  together  all  into 
one  place  became  of  their  great  numbers,  which  would  have 
occalioned  confufion,  the  Officers  of  the  Kingdom  were  efta- 
blifhed,  which   fhould  ordinarily  prelerve  the  rights  of  the 
People,  in  luch  fort  notwithftanding,  as  when  extraordinary 
occafion  required,  the  People  might  be  affembled,  or  at  the 
Ieaft  fuch  an  abridgment  as  might  by  the  principalleft  Mem- 
bers be  a  Reprefentation  of  the  whole  Body.  We  fee  this  or- 
der eftablimed  in  the  Kingdom  of  Ifrael,  which  (in  the  judg- 
ment of  the  wifeft  Politicians  J  was  excellently  ordered.  The 
King  had  his  Cupbearers,  his  Carvers,  his  Chamberlains  and 
Stewards.     The  Kingdom  had  her  Officers,  to  wit,   the  71. 
Elders,  and  the  Heads  and  chief  chofen  out  of  all  the  Tribes* 
which   had    the  care  of   the  Publick  Faith  in    Peace  and 
War. 

Furthermore,  the  Kingdom  had  in  every  Town  Magi- 
flrates,  which  haa  the  particular  government  of  them,  as  the 
former  were  for  the  whole  Kingdom.     At  fuch  times  as  af- 
fairs of  confequence  were  to  be  treated  of,  they  affembled  to- 
gether, but  nothing  that  concerned  the  publick  ftate  could 
iChron.29.1.  receive  any  fblid  determination.  David  affembled  the  Officers 
iChron.13.1.  of  his  Kingdom  when  he  defired  to  invefr.  his  Sen  Solomon 
with  the  Royal  Dignity  ;  when  he  would  have  examined 
and  approved  that  manner  of  policy,  and  managing  of  af- 
fairs, that  he  had  revived  and  reitorcd,  and  when  there  was 
no  queftion  of  removing  the  Ark  of  the  Covenant. 
.    And  becaufe  they  reprtfented  the  whole  people,  it  is  faid 
in  the  Hi  dory,  that  all  the  people  affembled.     Thefe  were 
the  fame  Officers  that  delivered  Jonathan  from  death,  Con- 
demned by  the  fentence  of  the  King,  by  which  it  appears^ 
that  there  might  be  an  Appeal  from  the  King  to  the  Peo- 
ple. 
iSam.  14.45.       After  that  the -Kingdom  was  divided  through  the  pride  of 
Rehchcam  the  Councel  at  Jemfa'em  compofed  0171.  Ancients 
feems  to  have  fuch  Authority,  that   they  -might  judge  the 

King 


(69  )        S 

King,  as  well  as  the  King  might  judge  every  one  of  them  in 
particular. 

In  this  Council  was  Prefident  the  Duke  of  the  Houfe  of  2  Chron.  i$- 
Juda,  to  wit,  forae  principal  man  chofen  our  of  that  T.  ibe  ;  ™cil'll°9' 
as  alfo,  in  the  City  of  Jerujalem  there  Was  a  Governor  chc- 
fen  out  of  the  Tribe  of  Benjamin  refiding  there.     This  v/ill 
appear  more  raanifeft  by  Examples,  Jeremywzs  lent  by  God 
to   denounce  xo  the  Jews  the  Deftruction  of  Jerufalem,  was 
therefore  Condemned   firft  by   the  Priefts  and  Prophets,  in  Jer*  »&9«*7- 
whofe  hands  was  the  Ecclefiaftic.tl  Jurisdiction  afterwards  by 
all  the  people  of  the  City  ;  that  is,  by  the  ordinary  Judges  of 
Jemfalem,  to  wit  the  Milleniers,  and  the  Centurions  ••  Final- 
ly, the  matter  being  brought  before  ^fie  Princes  of  Juda,who 
were  the  71.  Eiders  aflembled,  and  let  near  to  the  new  Gate 
of  the  Temple,  he  was  by  them  acquitted. 

In  this  very  Aflembly,  they  did-  difcreetly  Condemn,  in 
exprefs  terms,  the  wicked  and  cruel  a£r.  of  the  King  JehoU- 
kjn,  who  a  little  before  had  caufed  the  Prophet  IXnah  to  be 
flain,  who  alfb  fore- told  the  Deftruciion  of  Jerufa- 
Icm. 

We  read  in  another  place,  that  %edechias  held  in  fuch  re- 
verence the  Authority  of  this  Councel,  that  he  was  fb  far 
from  delivering  of  Jeremy  horn  the  Dungeon,  whereinto  the  Jer'  27-3"» 
71.  had  caft  him,  that  he  durft  fcarce  remove  him  into  alefs 
rigorous  prifbn.  They  periwading  him  to  give  his  content 
to  the  putting  to  death  the  Prophet  Jeremy,  he  anlwered, 
that  he  was  in.  their  hands,  and  that  he  might  not  oppoie 
them  in  any  thing.  The  fame  King  fearing  leafl  they 
might  make  information  againft  him,  to  bring  him  to  an 
account  for  certain  Speeches,  he  had  ufed  to  the  Prophet  Je- 
remy, was  glad  to  feign  an  untrue  excufe.  It  appears  by  this, 
that  in  the  Kingdom  of  Juda  this  Council  was  above  the  King, 
in  this  Kingdom,  1  fay  not  fafhioned  or  eftablifhed  by  Plato 
or  Arifiotle^  but  by  the  Lord  God,  himfelf  being  Author  of 
all  their  order,  and  fupream  Moderator  in  that  Monarchy. 
Such  were  the  feven  Magi  or  Sages  in  the  Perjian  Empire,who 
had  almoft  a  paralleled  Dignity  with  the  King,  and  were 
termed  the  Eats  and  Eyes  of  the  King,  who  alfo  never  di£ 
fented  from  the  judgment  of  thole  Sages. 

In 


.  (  7°  ) 

In  the  Kingdom  of  Sparta  there  was  the  Ephori,  to  whom 
an  Appeal  lay  from  the  judgment  of  the  King,  and  who,  as 
Arifiotle  fays,  had  Authority  alfo  to  judge  the  Kings  them- 
felves. 

In  Egypt  the  People  were  accuftomed  to  chute  and  give  Of- 
ficers to  the  King,  to  the  end  they  might  hinder  and  prevent 
any  incroachment,orufurpt  Authority,  contrary  to  the  Laws. 
Arift.  in  pol.    Now  as  Arifiotle  doth  ordinarily  term  thofe  lawful   Kings, 
1.$.  on.  which  have  for  their  Affiftants  fuch  Officers  or  Councilors  .- 

lb  alio  maketh  he  no  difficulty  to  lay,  that  where  they  be 
wanting,there  can  be  no  true  Monarchy , but  rather  a  Tyranny 
abfblutely  barbarous,  or  at  the  leaft  fuch  a  Dominion,  as  doth 
moil  nearly  approach  tyranny. 

In  the  ^om an  Comrnon-wealth,  fuch  were  the  Senators, 
and  the  Magiftrates  created  by  the  people  the  tribune  of  thole 
which  were  called  Celeres,  the  Prefer  or  Provoft  of  the  Ci- 
ty, and  others,  infbmuch  as  there  lay  an  Appeal  from  the 
King  to  the  People,  as  Seneca  declares  by  divers  Teftimonies 
drawn  from  Cicero's  Books  of  the  Common-wealth,  and  the 
Hiftory  of  Oratius  fnfficiently  (hews,  who  being  Condemn- 
ed by  the  Judges  for  killing  his  Sifter,  was  acquitted  by  the 
people. 

In  the  times  of  the  Emperours,  there  was  the  Senate,  the 
Confults,  the  Pretors,  the  great  Provofts  of  the  Empire,  the 
Governors  of  Provinces,  attributed  to  the  Senate  and  the 
People,  all  which  were  called  the  Magiftrates  and  Officers  of 
the  people  of  Borne.  And  therefore,  when  that  by  the  De- 
Hcrodi.1.8. -'  cree  of  the  Senate,  the  Emperor  Maximinus  was  declared 
Enemy  of  the  Common- wealth,  and  that  Maximus  and  Albi- 
nus  were  created  Emperours  by  the  Senate,  the  men  of  war 
were  fworn  to  be  faithful  ond  obedient  to  the  people  of  Bo?ne9 
the  Senate,  and  the  Emperors.  Now  for  the  Empires  and 
publick  States  of  thefe  times  (except  thofe  of  Turkey,  Mufio- 
vy,  and  fuch  like,  which  are  rather  a  Rapfody  of  Robbers, 
and  Batbarous  Intruders,  than  any  lawful  Em piresj  there  is 
not  one,  which  is  not,  or  hath  not  heretofore  been  governed 
in  the  manner  we  havedefcribed.  And  if  through  the  con- 
veniency  and  floath  of  the  principal  Officers,  the  Succeflbrs 
have  found  the  bufinefs  in  a  worfe  condition,  thofe  which  have 

for 


(  7i  ) 
for  the  prefent  the  publick  Authority  in  their  hands,  arenot- 
withftanding  bound  as  much  as  in  them  lieth  to  reduce  things 
into  their  primary  eftate  and  condition." 

In  the  Empire  of  Germany  which  is  conferred  by  Election, 
there  is  the  Electors  and  the  Princes,  both  Secular ,and  Eccle-  *i 

fiaftical,  theCounrs,  Barons,  and  Deputies  of  the  Imperial  Ci- 
ties, and  as  all  thefe  in  their  proper  piaces  are  Solicitors  for 
the  publick  good  likewife  in  the  Diets  do  they  represent  the 
Majelty  of  the  Empire,  being  obliged  to  advife,  and  care- 
fully fore-fee,  that  neither  by  the  Emperors  partiality,  hate  — - 
nor  affection,  the  publick  Stare  do  fuffer  or  be  interefled. 
And  for  this  reafbn,  the  Empire  hath  it#  Chancellor,  as  well 
as  the  Emperor  his,  both  the  one  and  the  other  have  their  pe- 
culiar Officers  and  Treafurers  apart.  And  it  is  a  thing  fb  no- 
torious, that  the  Empire  is  preferred  before  the  Emperour, 
that  it  is  a  common  faying,  That  Emperor  does  homage  to 
the  Empire. 

In  like  manner,  in  the  Kingdom  of  PotonU,  there  is  for  Speculum  fa- 
Officers  of  the  Crown,  theBifhops,  the  Palatins,  theCaftel-  xonicum. 
lains,  the  Nobility,  the  Deputies  of  Towns,  and  Provinces 
aflembled   extraordinarily,    before   whom,  and  with  whole 
»  content,  and  no  where  elfe,  they  make  new  Laws,  and  De-   £r 
terminations  concerning  Wars. For  theordinary  Government 
there,  is  the  Councellors  of  the  Kingdom,  the  Chancellor  of 
the  State,  &c  although  notwithstanding,  the  King  have  his 
Stewards,  Chamberlains,  Servants,  and  Domefticks.     Now 
if  any  Man  mould  demand  in  Polonia  who  were  the  greater, 
the  King,  or  all  the  people  of  the  Kingdom  represented  by 
the  Lords  and  Magiftrates,   he  fhould  do  as  much,  as  if  he 
asked  at  Venice,  if  the  Duke  were  above  the  Seigniory.   But  — 
what  (hall  we  fay  of  Kingdoms,  which  are  faid  to  go  by  He- 
reditary Succeflion  ?  We  may  indeed  conclude  the  very  fame, 
The  Kingdom  of  France  heretofore  preferred  before  all  other,  Aimonius.l.*;.. 
both  in  regard  of  the  excellency  of  their  Laws  and  Majefty  czG.in  Carol© 
of  their  Eftate,  may  pafs  with  moft  as  a  ruling  cafe.     Now  calvo* 
although  that  thofe  which  have   the  publick  Commands  in 
their  hands,  do  not  difcharge  their  Duties  as  were  to  be  deft- 
red,  it  follows  not  though,  that  they  are  not  bound  to  do  it. 
The  King  hath  his  High  Steward  of  his  Houfhold,his  Cham- 

barlains5 , 


(71) 

berlains,  his  Mailers  of  his  Games,  Cup-bearers,  and  others, 
whofe  Offices  were  wont  fo  to  depend  on  the  perfbn  of  the 
King,  that  after  the  death  of  their  Matter,  their  offices  were 
void.  And  indeed  at  the  Funeral  of  the  King,  the  Lord 
High  Steward  in  the  pretence  of  all  the  Officers  and  Servants 
of  the  Houfhold,  breaks  his  Staff  of  Office,  and  fays,  Our 
Mafier  is  dead  let  every  one  provide  for  bimfelf.  On  the  other 
fide,  the  Kingdom  hath  her  Officers,  to  wit,  the  Mayor  of 
the  Palace,  which  fmce  hath  been  called  the  Conftable,  the 
Marfhals,  the  Admiral,  the  Chancellor,  or  great  Referenda- 
j  y,  the  Secretaries,  the  Treafurers  and  others,  which  hereto- 
fore were  created  in  the  Aflembly  of  the  three  Eftates,  the 
Clergy,  the  Nobility,  and  the  People. 

Since  that,  the  Parliament  of  Paris  was  made  Sedentary, 
they  are  not  thought  to  be  eftablifhed  in  their  places,  before 
they  have  been  firft  received  and  approved  by  that  courfe  of 
Parliament,  and  may  not  be  difmifled  nor  depofed,  but  by 
the  Authority  and  content  of  the  fame,  Now  all  thete  Offi- 
cers take  their  Oath  to  the  Kingdom,  which  is  as  much  as  to 
fay,  to  the  pqople  in  the  fir  ft  place,  then  to  the  King  which 
is  Protector  of  the  Kingdom,  the  which  appears  by  the  Te- 
nor of  the  Oath.  Above  all,  the  Conftable  who  receiving 
the  Sword  from  the  King,  hath  it  girded  unto  him  with  this 
Charge,  That  be  maintain  and  defend  the  Common-wealth,  as  ap- 
pears by  the  words  that  the  King  then  pronounceth.* 
S.  Filius  fam.  Befides,  the  Kingdom  of  Fra nee  hath  the  Peers  (fo  called 
inftit.  quib.  either  for  that  they  are  the  Kings  Companions,  or  becaute 
mod.  jus  pa-  they  are  the  Fathers  of  the  Common-wealth/'  taking  their 
tnae  pot.folvi-  Denominations  from  the  teveral  Provinces  of  the  Kingdom,  in 
whofe  hands  the  King  at  his  Inauguration  takes  his  Oath,  as 
if  all  the  people  of  the  Kingdom  were  in  them  prefent,which 
fhews,  that  thefe  twelve  Peers  are  above  the  King.  They 
on  the  other  fide  fwear,  That  they  will  prefer  ve  not  the  King, 
but  the  Crown,  that  they  will  affift  the  Common-wealth  with  their 
Council^  and  therefore  wiU  be  frefent  with  their  beft  Abilities  to 
tounfel  the  Prince  both  in  Peace  and  War,  as  appears  plainly  in 
the  Patentee  of  their  Peerfhip. 

And 


f7!)  Mi 

And  they   therefore  Have    the   fame   right  as  die  Peers  of  the     **j^  -  ;'* 
Court,  which  according  to  the  Law  of  the  Liimbtrdt,  were  not  only 
aflbciates  to  the  Lord  or  the  Fer  in  the  judgment  of  caufes,  but  alio 
did  take  an  accounrvand  judge  the  differences  that  happened  between 
the  Lord  and  his  Vaftals. 

We  may  alio  know,  that  thole  Peers  of  France  did  often  difcufs  fuits 
and  diffemeces  between  the  King  and  his  Subjects .-  Inlbrr.uch  that  ^iir. 
when  Charles  the  Sixth  would  have  given  fentencc  againff.  the  Duke  of 
Brittain  they  oppofed  it ,  alleading  that  the  difcufling  of  that  bufi- 
nefs  belonged  properly  to  the  Peers  and  not  to  the  King,who  might 
not  in  any  fort  derogate  from  their  authority 

Therefore  it  is,  that  yet  at  this  day  the  Parliament  of  Paris  is 
called  the  Court  of  Peers,being  in  fome  fort  confHtuted  Judge  be- 
tween the  King  and  the  People  ;  yea,be;ween  the  King  and  every  pri- 
vate Perlbn,  and  is  bound  and  ought  to  maintain  the  meaneft  in  the 
Kingdom  againft  the  Kings  Attorney, -if  he  undertake  any  thing  con- 
trary to  Law. 

Furthermore,  if  the  King  ordain  any  thing  in  his  Council,  if  he 
treat  any  agreement  with  the  Princes  his  Neighbours,  if  he  begin  a 
War,  or  makepeace,  as  lately  withCW/w  the  Fifth  theEmperour, 
the  Parliament  ought  to  interpofe  their  authority,  and  all  that  which 
concerns  the  publick  State  muft  be  therein  regiftred  j  neither  is  there 
any  thing  firm  and  ftable  which  the  Parliament  doth  not  firft  approve. 
And  to  the  end,  that  the  Councellours  of  that  Parliament  mould  not 
fear  the  King,  formerly  they  attained  not  to  that  place,  but  by 
the  nomination  of  the  whole  body  of  the  Court ;  neither  could  the/ 
be  difmhTed   for  any  lawful  caule,  but  by  the  authority  of  the  laid 

Body. 

Furthermore^  the  Letters  of  the  King  be  not  fubfigned  by  a  Se- 
cretary of  the  Kingdom  jm  this  day  called  a  Secretary  of  State,  and  if  the 
Letters  Patents  be  not  fealed  by  the  Chanceliour,  who  hath  power  alio 
to  cancel  them,they  are  of  no  force  or  value.  There  is  alfo  Dukes,Mar- 
quefles,  Earls,  Vicounrs,  Barons,  Sentlchals,  and  in  the  Cities,  and  good 
Towns  \laycrs,Bayiifts,Lieutenant5,Capirol3,Cbnfuls,Sindiques,SherifIs 
and  others  which  have  fpecial  Authority  through  the  Circuit  of  fbme 
Countries  or  Towns  to  preferve  the  people  of  their  jurifdicKon.  Time 
it  is,that  at  this  day  fome  of  thefe  Dignities  arc  become  hereditary. 
Thus  much  concerning  the   ordinary  Magtflnrtfs* 

L  The 


(  74) 


*Ihe  Affembly  of  the  three  Efates. 

Besides  all  this,  anciently  every  yeaiVand  iince  lefs  often,;.?  «v>5  when-- 
fome  urgent  neceffity  required  it,  the  general  or  three  Eftates  were  af- 
lembled,  where  all  the  Provinces  and  Towns  of  any  worth,*?  w*>,the 
BurgefTes,  Nobles  and  Ecclefiaftical  perfons,  did  all  of  them  (end  their 
Deputies,  and  there  they  did  publickly  deliberate  and  conclude  of  that 
which  concerned  the  publick  ftate.  Always  the  Authority  of  this  Af- 
femhly was  fuch  that  what  was  there  determined,  whether  it  were  to 
treat  Peace,or  make  War,or  create  a  Regent  in  the  Kingdom,or  impofe 
fome  new  Tribute,it  was  ever  held  firm  and  inviolable ;  nay,  which  is 
more  by  the  authority  of  this  Afiembly,  the  Kings  convinced  of  loole 
intemporancy,  or  of  inefficiency,  for  16  great  a  charge  or  Tyranny, 
were  difthronized  ;yea,their  whole  Races  were  for  ever  excluded  from 
their  fucceffion  to  the  Kingdom,  no  more,  nor  lefs,  as  their  Progenitors 
were  by  the  lame  authority  formerly  cali'd  to  the  adminiftration  of  the 
lame  ^/wg^ojw.Thofe  whom  the  content  and  approbation  of  the  Eftates 
had  formerly  raifed,were  by  the  diflent  and  diftallowing  of  the  lame 
afterwards  call  down.Thofe  which  tracing  in[the  vertuous  ft eps  of  their 
Anceftors,  were  called  to  that  dignity,  as  if  it  had  been  their  inheri- 
tance, were  driven  out,  and  difinherited  for  their  degenerate  ingra- 
titude, and  for  that  being  tainted  with  inlupportable  vices,  they  made 
themleives  uncapable  and  unworthy  of  fuch  honour. 

This  lhews,that  Succeffion  was  tollerated  to  avoid  pra&ifes,  dole  and 
under- hand  canvafing,difcontents  of  perfons  refufed ,  contentions,inter- 
raigns,and  other  difcommodities  of  Elections.     But  on  the  other  parr, 
\*hen  Succefhons  brought  other  mifchiefs  more  pernicious,when  tyran- 
ny trampled  on  the  Kingdom,  and  when  a  Tyrant  poflefled  himfelf  of 
the  Royal  Throne,the  Medicine  proving  much  worfe  then  the  Difcafe: 
then  the  Eftates  oiixvz  Kingdom  lawfully  aftembled  in  the  name  of  all 
the  people,  have  ever  maintained  their  Authority,    whether  it  were  to 
drive  out  a  Tyrant,or  other  unworthy  King,or  to  eftablifh  a  good  one  in 
his  place.     The  ancient  French  had  learned  that  of  the  Gauls,   as 
Cafar  fhews  in  his  Commentaries.     For  Ambiorix  King  of  the  Eburons, 
or  Leigeons  confefleth,  That  fuch  were  the  condition  of  the  Gaidi/h  Em- 
Caf  I  <   tin  Pre">  t^At  ^ec/'e   Iwfully  ajjembled,  had  no  lefs  fewer  over  the  Kjng,  then 
de  beUo    Gil-  f^e  Kin£  &*d  01)€r  ^je  People.     The   which  appeal's  alio  in  Vireingm- 
lifO.  —  tori.Vy 


r  ft ) 

torix,  who  gives  an  account  of  his  actions  before  the  Affembty  of  the 
People. 

In  the  Kingdoms  of  S/w/Wjcfpecially  Aragon,  Valentia,  and  Catalonia* 
there  is  the  very  fame.  For  that  which  is  called  the  Juftitia  Major  in 
Aragon  hath  the  Sovcraign  Authority  in  it  felf.And  .therefore,the  Lords 
which  reprefent  the  People'proceed  fofar,thatboth  at  the  inaugaration 
of  the  Ktng,  as  alfo  at  the  Affembly  of  the  Eftates,wbich  is  obferved 
every  third  year ,to  fay  to  the  King  in  exprefs  words  that  which  follows, 
iVe  which  arc  as  much  worth  as  you,  and  have  more  Power  then  youfhufeyott 
Kjng  upon  thefc  and  thefe  conditions,  and  there  is  one  between  you  and  us 
which  commands  over  you,  to  wit,  the  Juftitia  Major  of  Aragon,  which  ~ 
oftentimes  refufeth  that  which  the  King  demands,  and forbids  that  which 
the  King  injoyns. 

In  the  Kingdoms  of  Enghmd  and  Scotland  the  Soveraignty  feems  to 
be  in  the  Parliament,  which  heretofore  was  held  almoft  every  year. 
They  call  Parliaments  the  Affembly  of  the  Eftates  of  the  Kingdom,  in 
the  which  the  Bifhops,  Earls,Barons,Dcputies  of  Towns  and  Provinces 
deliver  their  opinions,  and  refblve  with  a  joynt  content  of  the  Affairs  of 
Statejthe  authority  of  this  Affembly  hath  beenfb  iacred  and  inviolable, 
that  the  King  durft  not  abrogate  or  alter  ihat  which  had  been  there 
once  decreed. 

It  was  that  which  heretofore  called  and  inftalled  in  their  charges  all 
the  chief  Officers  of  the  Kingdom ;  yea,  and  fbmetimes  the  ordinary 
Councellors  of  that  which  they  call  the  Kings  Privy  Councils.  In  fbme, 
the  other  Chriftian  Kingdoms,  as  Hungary,  Bohemia,  Denmark^  Sweden^ 
and  the  reft,they  have  their  Officers  apart  from  the  Kings ;  and  Hifto- 
ries,  together  with  the  examples  that  we  have  in  thefe  our  times,  fuf- 
ficiently  demonstrate  that  thefe  Officers  and  Eftates  have  known  how 
to  make  ufe  of  their  Authority,  even  to  the  depofing  and  driving  out  ~ 
of  the  tyrannous  and  unworthy  Kings. 

We  muff,  not  therefore  efteem  that  this  cuts  too  fhort  the  wings  of 
Royal  Authority ,and  that  it  is  as  much  as  to  take  the  Kings  head  from 
his  fhoulders. 

We  believe  that  God  is  Almighty,  neither  think  we  it  any  thing  di-_ 
minifheth  his  power,  becaufe  he  cannot  fin :  neither  fay  we,that  his  Em 
fire  is  lefs  to  be  e ft  seme  d,  becaufe  it  cannot  be  neither  jhakgn,  nor  cajl  down  ' 
neither  alfb  mull  we  judge  a  King  to  be  too  much  abufed,  if  he  be 
wkh-held  by  others  from  failing  into  an  error,to  which  he  is  over  much 

L  2  inclined 


(  16  ) 
inclined,  or  for  that  by  the  wifdom  and  discretion  of  fame  of  his 
Councellors,  his  Kingdom  is  prefervcd  and  kept  intire  and  /afe, 
which  otherwife,  happily  by  his  weaknefs  or  wickednefs  might  have 
been  mined.  Will  you  fay  that  a  Man  is  lefs  healthful,  becaufe  he  is 
inviromd  with.difcreet  Phyficians,  which  counfel  him  to  avoid  all  in- 
temperance, and  forbid  him  to  eat  fuch  Meats  as  are  obnoxious  to 
the  Stomach,  and  which  pnrge  him  many  times  againft  his  will  and 
when  he  refills  ?  which  will  prove  his  better  friends, .  whether  ihefe 
Phyfitians  which  are  ftudioufly  careful  of  his  health,  or  thole  Sico- 
phants  which  are  ready  at  every  turn  to  give  him  that  which  muft  of 
neceflity  haften  his  end  ?  We  muft  then  always  obferve  this  diftin<£K- 
on.  The  firft  arc  the  friends  of  the  King.  The  other  are  the  friends 
of  Francis  which  is  King.  The  friends  of  Frauds  are  thofe  which  ferve 
him  :  The  friends  of  the  K}*g*rc  the  Officers  and  Servants  of  the 
Kingdom.  For  feeing  the  King  hath  this  name,  becaufe  of  the  Kinc- 
riom,andthat  it  is  the  People  which  give  being  and  conliftence  to  the 
Kingdom,  the  which  being  loft  or  ruined,  he  muft  needs  ceafe  to  be  a 
King,  or  at  the  leaft  not  fo  truly  a  K}"g->  or  elie  we  mull;  take  a 
(hadow  for  a  fubftance. 

Without  queftion,  thofe  are  moft  truly  the  K*ngs  friends,  which 
are  moft  induftrioully  careful  of  the  Welfare  of  his  Kingdom,and  thofe 
his  worft  Enemies  which  neglect  the  good  of  the  Common- wealth, 
andfeek  to  draw  the  King  into  the  fame  lapfeof  Error. 
•  -  And  as  it  is  impoflible  to  feparate  the  Kingdom  from  the  People, 
nor  the  King  from  the  Kingdom,  in  like  manner,  neither  can  the 
friends  of  the  King  be  di£ joyned  from  the  friends  of  the  People,  and 
the  Kingdom. 

2  fay  further,  that  thofe  which  with  a  true'  afteclion  love  Francis, 
had  rather  fee  him  a  King  than  a  Subjech  Now  feeing  they  cannot 
fee  him  a  King,  it  necefturily  follows,that  in  loving  Francis,  they  muft 
alfb  love  the  Kingdom. 

But  thofe  which  would  be  efteemed  more  the  friends  of  Francis, 
then  of  the  Kingdom  and  the  People,  are  truly  flatterers,  and  the 
moft  pernicious  Enemies  of  the  King  and  publick  State. 

Now  if  they  were  true  friends  indeed,  they  would  Hefire  and  endea- 
vour that  the  King  might  become  more  powerful, and  more  allured  in 
his  Eftate  according  to  that  notable  faying  of  Ticopompus  King  of 
Sparta,  after  the  Ephores  or  Controllers  or  the  Kings  were  inftituted, 
Tie  more  (faidki)  arc  appointed  Ly  tin  People  to  Wntch  over,  and  Itok^to  the 

ajfairs 


(77 ; 

"jiff Airs  of  the  Kingdoms,  the  more  thsfe  thit  govern  flidl  Live  Credit  and 
tie  mere  fafe  and  happy  fhdll  be  the  State. 

Whether  prefcrtption  of  time  c*n  take  *V*y  the  Right  of 
the  People? 
But  peradventure,  fbme  one  will  reply,  you  fpeak  to  us  here  of  Peers, 
of  Lords  and  Officers  of  the  Crown.  But  I  Br  my  part  fee  not  any, 
but  only  fbme  fhews  and  (hadows  of  Antiquity  as  if  they  were  to  be. 
reprefented  on  a  Stage  I  fee  not  for  the  preterit  lcarce  any  Tract  of  thac 
ancient  Liberty,  and  Authority ;  nay,  which  is  worfe  a  great  part,  if 
not  all,  of  thole  Officers  take  care  of  nothing  but  their  particular  Af- 
fairs, and  alrnoft,  if  not  altogether*  ferve  as  Flatterers  about  thole  Kings 
who  joyntly  tofs  the  poor   people  like  Tennice-balls :  hardly  is  there 
one  to  be  found  that  hath  Companion  on,  or  will  lend  a  helping  hand  to 
the  miserable  Subjecls,  flea'd  and  fcorched  to  the  very  bones,  by  their 
infblent  and  infupportable  Oppreffion .-  If  any  be  but  thought  to  have 
fuch  a  defire,    they  are  prcfently  condemned  as  Rebels  and  Seditious, 
and  are  conftrained  either  to  fly  with  much  difcommodity  ,  or  eife 
muft  run  hazard  both  of  Life  and  Liberty.    •  What  can  be  anfwtred  to 
this?  the  bufinefs  goes  thus.  The  Outragioufhefs  of  Kings, the  igno- 
ranee  of  the  party,  together  with  the  wicked  connivence  of  the  great 
ones  of  die  Kingdom,hath  been  for  the  mod  parr  luch  -throughout  the 
World,  that  the  Licentious  and  unbridled  Power  wherewith  mod  Kings 
are  tranfported  and  which  hath  made  them  infupportable,  hath  in  a 
manner,  by  the  length  of  Continuance  gained  right  of  Prefer  iption,  and 
the  People  for  v^ant  of  ufing  it  hath  intacitely  quit,  if  not  altogether 
loft,  their  ju ft  and  ancient  Authority.  So  that  it  ordinarily  happens  that 
what  all  Mens  care  ought  to  attend  on,  is  for  the  mod  part  neglected 
by  every  Man  ;  for  what  is  committed  to  the  generality ,no  Man  thinks 
•k commended  tohisCuftody.  Notwithstanding,  no  luch  Prescription, 
nor  prevarication  can  juilly  prejudice  the  Right  of  the  People:  It  is 
Commonly  faid  that  the  Exchequers  do  admit  no  rule  of  Prefcription  a- 
gainft  it,  much  Ms  againft  the  whole  Bodv  of  the  people,  whole  po- 
wer tranfeends  the  Kings,  and  in  whole  Right  the  King  ailumesro  him- 
feif  that  priviledge  j  for  otherwiie,  wherefore  is  the  Prince  only  Ad- 
miniftrator,  and  the  people    true  Proprietor  of  the    publick  Exche- 
quer, as  we  will  prove  here  prelently  after.     Furthermore,  it  is  no:  a 
thing  refolved  on  by  all,  that  no  Tyrannous  Intruhon  or  Ufuepation, 
and  continuance  in  the  fame  Courfe,*  can  by  any  length  of  time  prc- 
fcribe  againft  lawfui  Liberty.  If  it  be  objected,  that  Kings  were  cn- 
thronized,  and  received  their  Authority  from  the  people  thar  lived 

fiya: 


c  7« ; 

Five  hundred  years  ago,  and  not  by  thole  now  living,  I  anfwer  that  the 
Commonwealth  never  die?,  althongh  Kings  be  taken  out  of  this  Life 
one  after  another :  for  as  the  continual  running  of  the  water  gives  the 
River  a  perpetual  Being:  (o  the  Alternative  revolution  of  Birth  and 
death  renders  the  People  (  quoad  hunt  mundum)  immortal. 

And  further,  as  we  have  at  this  day  the  fame  Siene  and  Tiber  as 
was  i  ooo  years  ago:  in  like  manner  alfo  is  there  the  fame  People  of 
Germany^  Fra;:ce>  and  Italy  (  excepting  intermixing  of  Colonies,  or  fuch 
like  j  neither  can  the  lapfe  of  time,nor  changing  of  individuals,  alter  in 
any  fort  the  right  of  thofe  People.  Furthermore,  if  they  fay  the  King 
.  receives  his  Kingdom  from  his  Father,  and  not  from  the  People,  and 
he  from  his  Grandfather,  and  lo  one  from  another  upward. 
vlpin   ,  ,  *  ^i  could  the  Grandfather  or  Anceftor,  transfer  a  greater  right  to 

prjs  1. ¥£*'  !"S  Succeffor> tnen  he h»d  himfelf?  If  he  could  not  ( as'  without  doubt 
it  muft  need  be  fo)  is  it  not  plainly  perfpicuou?,  that  what  the  Succeflor 
further  Arrogates  to  himfelf,  he  may  ufurp  with  as  fafe  a  Conference,  as 
what  a  Thief  gets  by  the  High- way  fide.  The  People  on  the  contrary 
have  their  Right  of  eviction  intire  and  whole ;  alrhough  that  the 
Officers  of  the  Crown  have  for  a  time  left  or  left  their  Ranks,  this  can- 
not in  any  true  Right  prejudice  the  People,  but  rather  clear  otherwife ; 
as  one  would  not  grant  Audience,  or  fhew  favour  to  a  Slave  which  had 
longtime  held  his  Matter  Prifoner,and  did  not  only  vaunt  himle  f  to  be 
free,  but  alfo  prefumptuouily  aflumed  power  over  the  life  and  death 
of  his  Matter :  neither  would  any  Man  allow  the  excules  of  a  Thief,be- 
caufe  he  had  continued  in  that  Trade  3  o.  years,  or  for  that  he  had  been 
bred  in  thweourfe  of  life  by  his  Father,  if  he  prefumed  by  his  long 
continuance  in  that  Function  to  prefcribe  for  the  lawfulnefs,  but  ra- 
ther the  longer  he  had  continued  in  his  wickednefs,  the  more  grievous 
fhould'  be  his  puniihment:  id  like  manner,  the  Prince  is  altogether 
unfupporrablc  which  becaufe  he  fucceeds  a  Tyrant,  or  hath  kept  the 
people  ( by  whofe  Sjffrages  he  holds  the  Crown)  in  a  long  flavcry,  or 
hath  fuppretted  the  Officers  of  the  Kingdom  (who  fhould  be  Protectors 
©fthepubiick  Liberty  J  that  therefore  prjumes,  that  what  he  affects  is 
lawful  foi  him  to  cilccl,  and  that  his  Will  is  not  to  be  rettrairied  or  cor- 
rected by  any  pohtiveLaw  wharfbever.  For  prescription  in  Tyranny 
dctra&s  nothing  from  the  Right  of  the  people;  nay,  it  rather  much  ag- 
gravates the  Princes  Outrages.  But  what  if  the  Peers  and  principal  Of- 
fccers  of  tb  m   makes  tUfemlelvcs  parts  with  tfre  King?  What 

if  betray  ing  the  [Hibjicfc,  caufe  the  Yoke  or  Tyranny  upon  the  peoples 
Keck?  fhali  it  feUbWytbn  by  this  prevarication  ar.d.Treaiun  the  Autho- 
rity 


(79  > 

rity  is  devolved  into  the  King  ?  Does  this  detract  any  thing  from  the 
Right  of  the  peoples  Liberty,  or  does  it  add  any  licentious  power  to  the 
King?  Let  the  people  thank  themfelves,  fay  you,  who  rely  ed  on  the 
difloval  Loyalty  of  luch  men. 

•  Bm  I  Anfwer,  that  thefe'Officers  ai  e  indeed  fhofe  Protectors  whofe 
principal  Care  and  ftudy  fhould  be,  that  the  People  be  maintained  in  the 
free  and  dfolute  Fruition  of  their  Goods  and  Liberty.  And  therefore,  in  the 
feme  manner  :-,s  if  a  treacherous  Advocate  for  a  fumof  Money  fhould 
agree  to  betray  the  Caufe  of  his  Client,  into  the  hands  of  his  Adversa- 
ry, which  he  ought  to  have  defended,  hath  not  power  for  all  that  to 
alter  the  courfe  of  Juflice,  nor  of  a  bad  Caufe  to  make  a  good  one,  al- 
though perhaps  for  a  time  he  give  feme  Colour  of  ir. 

In  like  manner  this  Confpiracy  of  the  great  ones  combined  to  ruin 
the  Inferiors  cannot  difanul  the  Right  of  the  people  j  in  the  mean 
Seaftfo,  thofe  great  ones  incur  the  punifhment  that  the  fame  alots  a- 
gainft  Prevaricators ,  and  for  the  people,  the  feme  Law  allows  them 
to  chufe  another  Advocate,  and  afi  em  to  purfile  their  Caufe,  as  if  i: 
were  then  only  to  begin. 

For  if  the  people  ol  Rome  condemned  their  Captains  and  Generals 
of  their  Armies,  becaufe  they  capitulated  with  tlieir  Enemies  to  their 
difadvantage  (although  they  were  drawn  to  it  by  neceffity,  being  on 
the  point  to  be  ail  overthrown  )  and  would  not  be  bound  to  perform 
the  Soldiers  Capitulation ;  much  lefs  (hall  a  Free  people  be  tyed  to 
bear  the  Yoke  of  Thraldom,  which  is  call  on  them  by  thofe  who  mould: 
.and  might  have  prevented  it ;  but  being  neither  forced  nor  compelled" 
did  for  their  own  particular  Gain  willingly  betray  thofe  that  had  com- 
mitted their  Liberty  to  their  Cuftody. 

fVfoereforef-f\ings  were  created  ? 

Now  feeing  that  Kings  have  been  ever  eftablilhed  by  the  people, 
and  that  they  have  had  Aflbciates  joy  ned  with  them,  to  contain  them 
within  the  limits  of  their  Duties,  the  which  Aflbciates  confidered  in 
particular  one  by  one,  are  under  the  King,  and  altogether  in  one  intire 
Body  are  above  him.  We  muff,  consequently  fee  wherefore  firflJKings 
were  eftablifhed,and  what  is  principally  their  Duty.  We  ufaally  efteem 
a  thing  juft  and  good  when  it  attains  to  the  proper  end  for  which  it  is 
ordained. 

In  the  firft  place  every  one  Confents,  That  men  by  Nature  loving  Li- 
berty, and  baling  fervitude,  born  rather  to  Commandy  then  obey,  have  not 
willingly  admitted  to  be  governed  by  another,  and  renounced  as  it  were  the 
Briviledge  of  Nature,  by  Jubmittjng  themfefoes  to  the  Commands  of  others: 

but- 


y 


(  so  ; 

but  for {bmt  fpecial  ancTgreat  profit  that  they  expected  from  it.  For 
as  Efipe  (ays,  That  the  Horfe  being  before  accuftomed  to  wander  at 
his  pleafure,  would  never  have  received  the  Bit  into  his  mouth,  nor  » 
the  Rider  on  his  back,  but  that  he  hoped  by  that  means  to  overmatch 
the  Bull :  neither  let  us  imagine,  that  Kings  were  chofen  to  apply  to 
their  own  proper  ufe,  the  Goods  that  are  gotten  by  the  fweat  of  their 
'  Subjects  j  for  every  Man  loves  and  cherifheth  his  own.  They  have 
not  received  the  power  and  Authority  of  the  people  to  make  it  ferve 
'as  a  Pander  to  their  pleafures  ;  for.  ordinarily,  the  inferiors  hate,  or  at 
leaft  Envy  their  Superiors. 

Let  us  then  conclude,  that  they  are  eftablifhed  in  this  place  to  main- 
tain by  Juftice,  and  to  defend  by  force  of  Arms,  both  the  publick 
State,  and  particular  perfbns  from  all  Damages,  and  Outrages,  where- 
fore Saint  Attguftine  faith,  Thofe  are  pr$j>erly   called  Lords    and  Ma&ers 
Aug.  lib'  16.      which  provide  for  the  Good  and  Profit  of  others,  as  the  Husband  for  theWife, 
feciv'u.te1^      Fathers  for  their  Onldren.     They  muft  therefore  obey  them  that  pro- 
c-  *V  vide  for  them  ;  although  indeed  to  fpeak  truly,  thofe  which  govern  in 

this  manner,  may  in  a  fort  be  faid  to  ferve  thofe,  whom  they  com- 
mand over. 

For,  as  (ays  the  fame  Doctor,  they  command  not  for  the  defire  of 
Dominion,  but  for  the  Duty  they  owe  to  provide  for  the  good  of  thofe 
that  are  fubje&ed  to  them  ••  not  affecting  any  Lord  like  Domineering, 
but  with  Charity  and  lingular  affection,  deiiring  the  Welfare  of  thofe 
that  are  committed  to  them. 

*  Seneca  in  8 1 .  Epiftle  fays,  That  in  the  Golden  Age,  wife  Men  only 
governed  Kingdoms,  they  kept  themfelvcs  within  the  bonnds  of  Mo- 
deration, and  prcferved  the  meanelt  from  the  oppremon  of  the  grea- 
ter!. They  perfwaded  and  diffwaded,  according  as  it  advantaged  or 
difadvantaged,  the  publick  profit  j  by  their  Wildom,  they  f u»ni(hed 
the  publick  with  plenty  of  all  necelTarics,  and  by  their  difcretion 
prevented  fcarcity,  by  their  Valour  and  Courage  ri-.ey  expelled  Dan- 
gers, by  their  many  benefits  they  encreafed  and  inriched  their  Sub- 
jects, they  pleaded  not  their  Duty,  in  making  pompous  (hews,  but  in 
well-governing  their  people.  No  man  made  Tryal  what  he  was  able 
to  do  againft  them,  becaufe  every  one  received  what  he  was  capable 
of  from  them,  &c. 
*  Therefore  then  to  govern  is  nothing  el{e  but  to  provide  for ;  Thefe 

proper  ends  of  commanding,  being  for  the  peoples  Co;rwnodity  ',  the 
only  Duty  of  Kings  and  Emperors  is  to  provide  ror  the  peoples  Good. 
The  Kingly  Dignity  to  fpeak  proper!}  is  not  a  Title  of  Honour,  but  a 

weighty 


<83) 

weighty  a"d  burdenfome  Office :  It  is  not  a  discharge  or  vacation  from 

iffairSj  to  run  a  licentious  courfeof  liberty,but  a  charge  and  rocatioti 
to  all  enduftrious  Employments,  for  the  fervice  of  the  Common- 
wealdi  •,  the  which  hath  fome  glimpfe  of  honour  with  it,  becaufe  ia 
thofe  firft  and  Golden  Ages,  no  man  would  have  tailed  of  fuch  conti- 
nual troubles,  if  they  had  not  been  fweetned  with  fomerelifh  of  ho- 
nour •,  inf©much,  as  there  was  nothing  more  true,  then  that  which  was 
commonly  faid  in  thofe  times,  If  every  man  knew  with  what  tur- 
moyles  and  troubles  the  Royal  Wreath  was  wrapt  withal,  no  man 
would  vouchfafe  to  take  it  up,  although  it  lay  at  his  feet. 

When  therefore  that  thefe  Words  of  mine  and  thine  entred  into  the  *f  u 
World,and  that  differences  fell  amongit  fellow- Citizens,  touching  the  ^  . 
propriety  of  Goods,and  Wars  amongft  Neighbouring  People  about  the 
right  of  their  Confines,  the  People  bethought  themfelves  to  have  re- 
courfe  to  fome  one,  who  both  could  and  mould  take  order  that  the 
Poor  were  not  opprefTed  by  the  Rich,  nor  the  Patriots  wronged  by 
ftrangers. 

Nor  as  Wars  and  Suits  encreafed,  they  chofe  fome  one,  in  whofe 
Wifdom  and  Valour  they  repofed  molt  confidence.  See  then  where- 
fore Kings  were  created  in  the  firft  Ages  j  to  wit,  to  Adminifter  Juftice 
at  home,and  to  be  Leaders  in  the  Wars  abroad,and  not  only  to  repulfe 
the  incurfions  of  the  Enemy,  but  alfo  to  reprefs  and  hinder  the  deva- 
ftation  and  fpoyling  of  the  Subjects  and  their  good  at  home  ;  but  a- 
bove  all,  to  expel  and  drive  away  all  devices  and  debauchments  far 
from  their  Dominions. 

This  may  be  proved  by  all  Hiftories,  both  Divine  and  Prophane. 
For  the  People  of  God^  they  had  at  firll  no  other  King  but  God  hira- 
felf,  who  dwelt  in  the  middeft  of  them,  and  gave  anfwer  from  be- 
tween the  Cherubims,  appointed  extraordinary  Judges  and  Captains 
for  the  Wars  ;  by  means  whereof  the  People  thought  they  had  no  need 
of  Lieutenants,  being  honoured  by  the  continual  prefence  of  their 
Soveraign  King. 

Now  when  the  People  of  God  began  to  be  a  weary  of  the  inju- 
ftice  of  the  Sons  of  Sanud,  on  whofe  old  age  they  durfl:  no  longer  re- 
ly, they  demanded  a  King  after  the  manner  of  o;  her  People,  faying  <o  i 
Samuel,  Give  m  a,  King  as  other  People  have,  thai  he  ;n  y  jjtffee  its .  Tncre  5. 
is  tojchei  the  firft  and  principal  point  of  thepuny  of  a  Kiiv^a  littk\?f- 
ter  they  are  both  mentioned.  We  mil  have  (faid  they)  a  Ki;.g  oher  its  frfee 
othzr  Nations.  Our  King  flwll  jitJse  «r,  and  go  in  and  out  b  fore  us  Ss^  leici 
our  Armies.  To  do  Juftice  is  always  fet  in  the  firft  place,  tor  fo  m.'<  h  as 
it  is  an  ordinary  and  perpetual  thing  j  but  Wars  are  extraordinary,:  nd 
happen  as  it  were  caiually.  U  Whei «- 


(  84) 

jirijt.de     Wherefore,  ArfftotU  fays,  That  in  the  time  of  Herold,  all  Kings 
pi.  1.  3.  were  Judges  and  Captains.    For  tfic  Zncedewhbin  Kings,  they  13  his 
c.  1 1.       time  alfo  had  Soveraign  Authority  only  in  the  Army,  and  that  confi- 
ned alfo  to  the  Commandments  oi  the  Epfcres. 

In  like  manner  the  Medes,  who  were  ever  in  perpecual  Quarrels  a- 
Hcrod.     mongft  themielves,  at  the  length  chofe  Deolccs  for  the  Ju Jge,  who 
*  l*         had  carried  himfelf  well  in  the  deciding  of  forae  particular  differen- 
ces ^  prefenrfy  after  they  made  him  King,  and  gave  him  Officers  and 
Ga -lids,  that  he  might  more  eafily  fupprefs  the  powerful  and  inib- 
.      .     lent. 

Cicero  faith,that  Anciently  all  Kings  were  eflablifhed  to  Administer 
Juftice,and  that  their  lnititution,and  that  of  the  Laws,had  one  and  the 
fame  end,  which  was,  that  Equity  and  Right  might  be  duly  rendered 
to  all  men;  the  which  may  be  verified  by  the  propriety  of  the  words 
almoft  in  all  Languages.  Kings  are  called  by  the  Latins,^**  aregendo* 
for  that  they  mult  rule  and  govern  the  limits  and  bounds,  both  of  the 
publick  and  particulars. The  names  of  Empcrours, 
The  Engl'Jl)  word  Princes,and  DJkes  have  relation  to  their  conduct 
KING  is  derived  in  the  wars,  and  principal  places  in  Combats, and 
from  the  Konigcn-,  other  places  of  Command-  Like  wife  the  Greekes 
which  figmfies  ei-  call  them  in  their  Language,  Bafiles,  Archa,  Hegc- 
ther  fortitude  or  modes,  which  is  to  fay.props  of  the  people,  Princes, 
wifdom.  Conductors.    The  Germans  and  other  Nations 

life  all  iignificant  names,  and  which  exprefle,  that 
the  duty  of  a  King  confiib  not  in  making  glorious  Paradoes ;  but  that 
Horn. lib.  jt  is  an  office  of  a  weighty  charge  and  continual  care.     But  in  brief, 
i.  Iliad,  the  Poet  Homer  calls  Kings  the  Judges  of  Cities,  and  in  defer  ibing  of 
0vid.l,4.  Agamemnon*  he  calls  him  wife,lT:rong,and  valiant. 

met  a.  JujtiadHbiumva.  As  alfo,  Ov«/fpeaking  of  Eriehtheus^  fays,  That 
lidtne  potentior  ay-  it  was  hard  to  know,  whether  Juftice  or  Valour 
mis.  were  more  tranfparent  in  him ;  in  which  thefe 

two  Poets  feems  exactly  to  have  defcribed  the 
dnties  of  Kings  and  Princes.    You  fee  what  was  the  Guftom  of  the 
Kings  of  the  Heathen  Nations  \  after  whofe  examples,  the  Jews  de- 
manded and  eflablifhed  their  Kings- 
The  Queen  of  Sheb*  faid  alfo  to  Solomon*  That  God  had  made  him 
a  chron.   Kjng  0ver  tnem  t0  jo  judgment  and  Juftice.  -^ 

&rr\  And  Solomon  himfelf  fpejking  to  God,  faith,  Thou  hair  chofen  me 

Wtfdom   t0  bc  a  Kjpg  oyer  thy  pe0pi^  and  a  Judge  of  thy  Sons  and  Daugh- 

*'  *       ters. 

For 


^55; 

For  this  caufe  alfo  the  good  Kings,as  David,yofcpbat,zr\c\  others>be- 
ing  no!:  able  in  their  own  Perfons  to  determine  all  the  fuits  and  diffe- 
rences of  their  Subjects(aIthoughin  the  caufes  of  greateft  Importance 
they  received  an  appeal  always  to  themfelves,  as  appears  in  Samuel )  2  s*m» 
had  ever  above  all  things  a  fpecial  care,  to  eltablifh  in  all  places  Juft  !*.  2. 
and  Difcreet  Judges,  and  principally  ftill  to  have  an  eye  to  the  right  l  chrcft. 
Adminiftration  of  Juftice;  knowing  themfelves  to  carry  the  Sword,  as  254  ^ 
well  to  chaftife  Wicked  and  Unjuft;  Subjects,    as  torepulfe  forreign  2^  29# 
Enemies.  2  chron* 

Briefly,  as  the  Apoftles  fays,  The  Prince  is  ordain  d  by  God  for  the  ^  1J; 
good  and  profit  of  the  People,  being  armed  with  the  Swerd  to  defend  the  good  RQm%  j ,  > 
from  the  violence  oftht  wicksd&nd  when  he  difchargeth  his  duty  there- 
in, all  men  owe  him  honour  and  obedience. 

Seeing  then  that  Kings  are  ordained  by  God,  and  eftablifhed  by  the 
People,  to  procure  and  provide  for  the  good  of  thofe  which  are  com- 
muted unto  them,  and  that  this  Good  or  Pro  it  be  principally  ex- 
prefTed  in  two  things,  to  wit,  in  the  admimiftration  of  Juftice  to  their 
Subjects,  and  in  the  managing  of  Armies  for  the  repulimg  their  Ene^ 
mips:  certainly,  we  muft  infer  and  conclude  from  this,  that  the 
Pi  ince  which  applies  himfelf  to  nothing  hut  his  peculiar  profits  and 
pleafures,  or  to  thofe  ends  which  moil:  readily  conduce  thereunto, 
which  contemns  and  perverts  all  laws,  which  ufeth  hisfubjects  more 
cruelly  then  the  barbarous  Enemy  would  do,  he  may  truly  and  really 
be  called  a  Tyrant  and  that  thofe  which  in  this  manner  govern  their 
Kingdoms,  be  they  of  never  fo  large  an  extent?  are  more  properly 
unjuftpillagers  and  free-hooters,  then  Lawful  Governours. 
Whether  Kings  be  above  the  Law. 

We  mull  here  yet  proceed  a  little  further  :'  for  it  is  demanded 
whether  the  King  which  prefides  in  the  adminiftration  of  Juftice  have 


which  otherways  contemn  vertue,  for  it  inforceth  obedience  and  •  -f  t 
miniftreth  conduct  in  warfaring,  snd  gives  vigor  and  lifter  to  Juftke  *  .  ' 
and  Equity.  Paufanias  the  Sparteine  will  anfwer  in  a  word?  that  it  be-* 
comes  laws  to  direct,  and  men  to  yield  obedience  to  their  Authority* 
Agefilam  King  of  Sparta  fays,  that  all  commanders  muft  obey  the  com-  • 
mandments  of  the  laws.  But  it  (hall  not  be  amifs  to  carry  this 
matter  a  little  higher,  when  People  began  to  feek  for  Juftice  to  deter- 
mine their  differences,  if  they  met  with  any  private  man  that  did 

M  2  juiib 


(*6) 

-juftly  appoint  them  they  were  fatisfied  with  it,    now  for  fo  much  ss 
fuch  men  were  rarely  and  with  muck  difficulty  met  withal,  and  for 
that  the  judgments  of  Kings  received    as  laws  were   oftentimes 
found  contrary  and  difficult,  then  the  Magiftrates  and  others  of  great 
wifdom  invented  tews,   which  might  fpeak  to  all  men  in  one  and  the 
fame  voice.  Thb  being  done,  it  w-^cxprefly  enjeyned  to  Kings,  that 
they  mould  be  the  guardians  and  adr,  iniftrotors  andfometimesalfofor 
io  mLch  as  the  laws  could  not  foreiee  the  particularities  of  actions 
to  refolve  exactly,  it  was  permitted  the  King  to  fupply  this  defect,  by 
the  fcme  natural  equity  by  which  the  laws  were   drawn;  and  for 
fear  leaft  they  fhould  goagainft  law,  the  People  appointed  them  from 
time  to  time  Aflbciates,  Councellors,  of  whorli  we  have  formerly  made 
mention,  wherefore  there  is  nothing  which  exempts  the  King  from 
obedience  which  he  owes  to  the  Law,  which  he  ought  to  acknowledge 
as li-.  Lady  and  Miftrefs,  efteeming  nothing  can  become  him  wcrfe 
then  that  feminine  of  which  Juvenal  fpeaks  :  Sic  nolo-,  fie  ]ub;o,    Cc 
fro  rAtionc  voluntas.  I  will,  I  command,   my  will  fhall  ferve  inftead  of 
reafon,  neither  fhould  they  think  their  Authority  the  lefs  becaufe  they 
are  confinM  to  laws,  for  feeing  the  law  is  a  divine  gift  coming  from 
above,  which humain  focietiescre  happily  governed  and  addielTed  to 
their  bell  and  blefledeft  end  j  thofe  Kings  are  as  ridiculous  and  wor- 
thy of  contempts,  which  repute  it  adifhonourto  conform  themfelves 
to  law,  as  thofe  furveyors  which  think  themfelves  difgraced,  by  ufing 
of  a  rule,  acompafs,  a  chain  or  other  instruments,  which  men  under- 
standing the  art  of  furveying  are  accuftomed  to  do,  or  a  Pilot  which 
had  rather  fayle,   according  to  his  fantafie  and  imagination,  then 
fteer  his  courfe  by  his  Needle  and  Sea-Card  \  who  can  doubt,  h:t  that 
it  is  a  thing  more  profitable&convenient  to  obey  thelaw,thenthe  king 
whoisbutoneman?thelawbthe  foul  of  a  good  king, it  gives  him  mo- 
tion fence  and  life-  The  King  is  the  Organ  and  as  it  were  the  body  by 
which  the  Law  difplays  her  forces,  exercifes  her  function,  and  exprc fles 
her  conceptions  •,  now  it  is  athing  much  more  reafonable  to  obey  the 
foul,  then  the  body,  the  law  is  the  wifdom  of  diverfe  fages,  recollect- 
ed in  few  words,   but  many  fee  more  clear  and  further  then  one 
alone :  It  is  much  better  to  follow  the  Law  then  any  one  mans  opini- 
on be  he  never  fo  acute,  the  law  is  reafon  and  wifdom  it  felf,  free  from 
aH  perturbation,  not  fubject  to  be  moved  with  Cholcr,  Ambition* 
Hate,  or  acceptances  of  Perfons  •,  Intreaties  nor  threats  cannot  make 
to  bow  nor  bend  ;  on  the  contrary,  a  man  though  endued  with  reafon 
fuffers  hirniclf  to  be  lead  and  tnnfported  with  anger,  defire  of  re- 
venge, 


c  »7  ; 

renge,and  others  Pcffions  which  perplex  him  in  fuch  fcrt,that  he  fetf* 
feth  his  underftar.ding,  becaufe  being  compcfed  of  reafon  and  cifcr- 
dered  afT  dions,  he  cannot  io  contain  himfelf,  but  fometimcs  bis  paf- 
fions  becomes  his  Matter-  Accordingly  we  fee  tbzvralentww  a  good 
Emperour,  permits  thofe  of  the  Empire  to  have  two  Wives  at  once, 
becaufe  he  was  milled  by  that  impure  afLclioi".  Becaufe  Cambtfes 
the  Son  of  Cyrttt  became  inamoured  of  his  own  Sifter,he  would  there- 
fore hive  Marriages  between  Brother  and  Sifter,  be  approved  and 
held  Lawful ;  Cub*des  Ki'g  of  the  Perfians  prohibits  the  pani&ment 
of  Adulterours  -7  we  muft  look  for  fuch  Laws  every  day,  if  \  i  will  have 
theLawfubjotftotheKina,-  Tocometoourpurpofe,  TheL^wisan 
Undemanding  Mind,  or  rather  an  Obftacle  of  many  Under  [typings : 
theMindbein^thefealof  all  the  intelligent  faculties,  is  (it  1  may  To 
term  it)  a  V^z  l  of  Divinity  ;  in  fo  much,  as  he  who  obeys  the  Law, 
feeras  to  obey  God,  and  receive  him  for  Arbitrator  of  the  matters  in 
Controv,erfie.  ;  .  . 

But  on  the  contrary,  infomuch  as  Man  is  compofed  of  this  Divine 
Understanding,  and  of  a  number  of  Unruly  Pafuons  •,  fo  looting  himfelf 
in  that  Brutiihnefs,  as  he  becomes  void  of  Reafon-,  r-nd  being  in  that 
condition,  he  is  no  longer  a  Man,but  a  Bead ;  he  then  which  defrres  ra-  Ar^otu 
ther  to  obey  the  King,  then  the  Law,  feems  to  prefer  the  Command-  hy    de 
mentof  aBeaft  before  that  of  God.  n.unda 

And  furthermore,  though  Ariftctle  were  the  Tutor  of  Alexander,  &  ;.y>  ^ 
yetheccnfeillth.rhatthe  Divinity  cannot  foproperly-be  compared  to  ^ 
any  thing  of  this  Life,    as  to  the  Ancient  Lsws  of  well  governed 
Stages;  he  that  prefers  the  Common- wealth,  applys  himfelf  to  Gods 
Ordinances:  but  he  that  leans  to  the  Kings  Fancies,  infteod  of  Law, 
prefers  Brutifh  Senfuality  before  well  ordered  Difcretion.     To  which 
alfo  the  Prophets  feems  to  have  refpect,  who  in  fome  pbces  defcribe 
thefe  great  Empires,  under  the  reprefentation  of  ravening  Be-fts.  But 
to  go  on,  is  not  he  a  very  Beaft,  who  had  rather  have  for  his  guide  a 
Blind  and  Mad-Man,then  he  which  fees  both  with  the  Eyes  of  the  Body, 
aud  Mind,a  Beaft  rather  then  God.  Whence  it  comes,that  thoughKmgs 
as  faith  Ariftotlc,  for  a  while,  at  the  firft,  commanded  without  re- 
ftraint  of  Laws  ?  yetprefently  after  Civilized  People,  reduced  them  to 
a  Lawful  Condition,  by  binding  them  to  keep  and  obferve  the  Laws : 
and  for  this  unruly  Abfolute  Authority, it  remained  only  amonglt  thofe 
which  commanded  over  Barbarom  Nation >. 

He  fays  afterwards,  That  this  Abfolute  Pc wer  was  the  next  Degree 

to  plain  Tyranny,  and'he  had  abfolutdy  calied  it  Tyranny,  Laj  rot 

■— --  ■  '  thefe 


(  83  ) 
there  beafls  like  Bnrbarlam,  willingly  fubjefted  themielves  unto  it. 
But   it  will  be  replyed,  that  it  is  unworthy  the  Majefty  of  Kings,  to 
have  their  Wilis  bridled  by  Laws :  But  I  will  fay,  that  nothing  is  more 
Royal,  then  to  hive  our  unruly  Defires  ruled  by  gocd  Laws. 

It  is  much  pity  to  be  retrained  from  that  which  we  would  do  ^  it  is 
much  more  worfe  to  will  that  which  we  fhould  not  do,  but  it  is  the 
worft  of  all  to  do  that  which  the  Laws  forbid. 

1  heir  methinks  a  certain  Furious  Tribune  of  the  People  which 
oppofed  the  patting  of  a  Law  that  was  made  againft  the  excefs  which 
then  Rci  t  ed  in  Rome,  faying,  My  Matters,  you  are  bridled,  you  are 
idle  and  fettered  with  the  rude  bonds  of  fervitude,  your  liberty  is  loft, 
a  Law  is  laid  on  you,  that  commands  you  to  be  moderate  :  to  what 
purpofe  is  it  to  fay,  you  are  free,  iince  you  may  not  live  in  what  ex- 
cefs of  pleaiure  you  like .?  This  is  the  very  complaint  of  many  Kings 
at  this  day,  and  of  their  Minions  and  Flatters. 

The  Royal  Majefty  is  abofifhed,  if  they  may  not  turn  the  Kingdom 
topfie-turvie  at  their  pleafure.  Kings  may  go  /hake  their'Ears,  if 
Laws  mull  be  obferved. 

Paradvemure,  it  is  a  miferable  thing  to  live,  if  a  Mad- man  may  not 
be  fufFered  to  kill  himfelf  when  he  will- 

For  what  elfe  do  thofe  things  which  violate  and  abolifh  Laws, 
without  which,  neither  Empires,  no  nor  the  very  Societies  of  free- 
fgcii_  booters  can  at  all  fubfift  ? 

Let  us  then  reject  thefe  deteftable  faithlefsand  impious  vanities  of 
the  Court- Marmoufites,which  makes  KingsGods,and  receive  their  fay- 
ings  as  Oracles-,  and  which  is  worfe,  are  fo  fhamelefs  to  perfwade 
King-,  that  nothing  is  juft  or  equitable  of  it  felf,  but  takes  its  true 
form  of  Juftice  or  Injuftice,  according  as  it  pleafeth  the  King  to  or- 
dain :  as  if  he  were  fome  God,  which  could  never  err  nor  fin  at  all. 
Certaialji  all  th3t  which  God  wiLlsis  juft,  and  therefore,  fuppofeit 
is  Gods  will  *,  but  that  muft  be  juft  with  the  King  wills,  before  it  is  his 
will.  For  it  is  not  juft,  becaufe  the  King  hath  appointed  It  •,  but  that 
King  is  juft,  which  appoints  that  to  be  held  for  juft,  which  is  fo  of  it 
felf. 

We  will  not  then  fay  as  Anaxarchtu  did  to  Alexander,  much  per* 
plexed  for  the  Death  of  his  Friend  CUhu,  whom  he  had  killed  with  his 
own  hands;  to  wit,  that  Themis  the  Goddefs  of  Juftice,  fits  by  Kings 
fides,  as  fhe  does  by  Jupiters,  to  approve  and  confirm  whatfbever  to 
them  (hall  feem  good  j  but  rather,  fhe  fits  as  prefident  over  Kingdoms, 
to  feverely  Chaftife  thofe  Kings  which  wrong  or  violate  the  Majefty 

of 


1  ojpeu. 


(»9) 

of  the  Laws :  we  can  no  ways  approve  that  raying  ofThrafhnactu  the 
ChaUoni**,  that  the  profit  and  pleafure  of  Princes,  is  the  rule  by 
which  all  Laws  are  defined ^  but  rather,  that  right  mull  limit  the  pro- 
fit of  Princes,  and  the  Laws  reftrain  their  pleafures.  And  inftead  of  ap- 
proving that  which  that  Villainous  Woman  laid  to  Qaracalia^  that 
whatsoever  he  deftred  was  allowed  him  :  We  will  maintain  that  no- 
thing is  Lawful  but  what  the  Law  permits. 

And  abfolntely  reacting  that  deferable  Opinion  of  the  fame  Cm** 
calii,  that  Princes  give  Laws  toothers,  but  receive  none  from  any;  we 
will  fay*  Tnat  in  aii  Kingdoms  well  eftablifted,  the  King  receives  the 
Laws  from  the  people  ;  toe  which  he  ought  carefully  to  con  lie"  a"  and 
maintain-,  and  vvhatfoever, either  by  force  or  fraud  he  dees?  in  Pre? 
judicecfthem,  mull  always  be  reputed  unjuft. 

Kings  receive  Laws  from  the  People. 

Thefe  may  be  fufficiently  verified  by  Examples.  Before  there  wasa 
King  in  Ifrael-,  God  by  Mifes  prefcribed  to  him  both  facred  and  civil  j)Cftt.  17 
Ordinances-;Which  hefhouldhave  perpetually  before  his  Eyes ;  but  af- 
ter that  Sad  was  elected  and  eftablifhed  by  the  People,  Samuel  deliver 
red  it  to  him  written,  to  the  end,  he  might  carefully  obferve  it ,  nei- 
ther were  the  fuccceding  Kings  received  before  they  had  Sworn  to  keep 
thofe  Ordinances. 

The  Ceremony  was  this,Tr.  at  together  with  the  fetting  of  theCrown 
on  the  Kings  head,  they  delivered  into  his  hands  the  Book  of  the  Te- 
stimony, which  fome  underftand/0-ta  the  right  of  the  People  of  the  L^ndt 
Others,  the  Law  of  Cod-,  according  to  which  he  ought  to  Govern  the  People.. 
Cyrus  acknowledging  himfelf  coniervator  of  his  Countreys  Laws,  o- 
bligeth  himfelf  to  oppofe  any  man  that  would  offer  to  infringe  them  ; 
and  at  his  inauguration,  tyes  himfelf  to  obferve  them,  although  fome 
Flatterers  tickled  the  Ears  of  his  Son  Cambifes%  that  all  things  were 
lawful  for  him. 

The  Kings  of  Sparta,  whom  Ariftotle  calls  lawful  Princes,  did  ever  , 

ry  month  renew  their  Oaths,  promifing  in  the  hands  of  the£pW*,  ^"^y\ 
procures  for  the  Kingdom,  to  Rule  according  to  thofe  Laws  which  /  V  *' 
they  had  from  Licurgns.  ace 

Hereupon  it  being  asked  A'^i^m^-,  the  Son  oiZeuxidamm^  who 
were  the  Governors  of  Spartai  he  anfwered,  The  Laws7  end  the  lawful 

And 


(  90  ) 

And  Jeaft  the  Law?  fiiight  grow  into  ccntempt,thefe  people  bragged 
that  they  received  them  from Heaven  \  and  chat  they  were inipired 
from  above,  to  the  end,  that  men  might  believe  that  their  determina- 
tions were  ftcm  Gcd,  aed  not  from  Man  ;  -the  Kings  of  Egypt  did  in 
nothing  vary  from  the  Tenourof  the  Laws,  and  confeiTed  that  their 
principal  Felicity  confifted  in    the  obedience  they  yielded  to  them. 
Romufw  at  the  Institution  of  the  Romon  Kingdom,  made  this  agree- 
ment with  Senators,  the  people  (hoold  make  Laws,  *nd  he  would  take 
both  for  nimfelf  and  others,  to  fee  them  obferved  and  kzyt.Anticchu4 
tire  thifc  of  ihat .Name,  King  of  AJia,  Writ  unto  ail  the  Cities  of  his 
•  Kingdom,  That  if  in  the  Letters  feist  unto  them  in  his  Namctherewere 
any  EhSng  found  repugnant  to  the  Laws,  they  fliould  believe  they 
were  no  act  of  the  Kings,    and  therefore  yield  no  obedience  unto 
them.    Now  although  fome  Citizens  fay,  That  by  D  cree  of  Senate, 
the  Emperour  A'^ft^s  was  declared  to  be  exempt  from  obedience 
to  Laws-,  yet  no:withftanding,  Theodofius,  and  all  the  other  good 
and  realcnabie  Emperours,  have  profefTed  that  they  were  bound  to 
the  Laws,  left  what  had  been  extorted  by  Violence,  might  be  ac- 
knowledged and  received  inftead  of  Law.    And  for  AMgHJkns rQi/*r% 
infomuch   as  the  Romxn  Common-wealth    was  enthralled  by  his 
power  and  violence  ;  fhe  could  fay  nothing  freely,  but  that  (lie  had  loft 
her  freedom.     And  becanfe  they  durft  not  call  Angnfins  a  Tyrant, 
the  Senate  faid  he  was  exempt  from  all  obedience  to  the  Laws,  which 
was  in  effect  as  much  as  if  they  plainly  fhould  hive  faid  the  Empe- 
rour was  an  out-law.     The  fame  right  hath  ever  been  of  force  in  all 
well-governed  States  and  Kingdoms  of  Chriitendom. 
•    For  neither  the  Emperour,  the  King  of  France,  nor  the  Kings  of 
Spain,  England,  Vdander,  Hungary,  and  all  other  Lawful  Princes  ;  as 
the  Arch  Dukes  of  An{lri<z,  Dukes  of  Brabante,    Earls  of  Flanders, 
and  Holland,  nor  other  Princes,  are  not  admitted  to  the  Government 
of  their  Eftates,  before  they  have  promifed  to  the  Efcctours,  Peers> 
Palatines,  Lords,  Barons,  and  Governours,    that  they  will  render 
to  every  one  right  according  to  the  Laws  of  the  Countrey,  yea  fo 
ftrictly  that  they  cannot  alter  or  innovate  anything  contrary  to  the 
priviledges  of  the  Countreys,  without  the  confent  of  the  Toms  and 
Provinces ;  if  they  do  it,  they  are  no  lefs  guilty  oi  Rebellion  againft  the 
Laws    then  the  people  is  in  their  kind,  if  they  refbfe  obedienccwhen 
they  command  according  to  Law ',  Briefly,  Lawful  Princes  receive  the 
Laws  from  the  People  as^well  as  the  Crown,in  lieu  of  Honour,and  the 

Scepter 


fcepter  in  lieu  of  power,  which  they  are  bound  to  keep  and  maintain 
and  therein,  repofe  their  chiefeft  Glory. 

Jf  the  Prince  may  make  new  Laws  ? 
What  then  ?  fhall  it  not  be  lawful  for  a  Prince  to  make  new  Laws 
and  abrogate  the  old  ?  feeing  it  belongs  to  the  King,  not  only  to  aavife 
that  nothing  be  done  neither  againft,  nor  to  defraud  the  Laws :  but 
alio  that  nothing  be  wanting  to  them,  nor  acy  thing  too  much  in 
them  i  briefly ,that  neither  Age  nor  Lapfe  of  time  do  aboiifh  or  entomb 
them  j  if  there  be  any  thing  to  abridge,to  be  added  or  taken  away  from 
them,  it  is  his  Duty  to  alfemble  the  Eftates,  and  to  demand  their  Ad- 
vice and  Refolution,  without  prefuming  to  publifh  any  thing  before 
the  whole  have  been,  firft,  duly  examined  and  approved  by  them,  af- 
ter the  Law  is  once  enacted  and  publifhed,  there  is  no  more  defpute 
to  be  made  about  it,  all  men  owe  obedience  to  it,  and  the  Prince  in 
the  firft  place,  to  teach  other  men  their  Duty,  and  for  that  all  men 
are  eafilier  led  by  Example  than  by  Precepts,  the  Prince  muft  nece£ 
farily  exprefs  his  Willingnefs  to  obferve  the  Laws,  or  elle  by  what 
equity  can  he  require  Obedience  in  his  Subjects,  to  that  which  he 
himfelf  contemns. 

For  the  difference  which  is  betwixt  Kings  and  Subjects,  ought  not 
to  confift  in  Impunity,  but  in  Equity  and  Juftice.  And  therefore,  al- 
though Augufius  was  efteemed  to  be  exempt  by  the  Decree  of  the  Se- 
nate, notwithstanding  reproving  of  a  young  man  that  had  broken 
the  Julian  Law  concerning  Adultery,  he  boldly  replied  to  Anguftut^ 
that  he  himfelf  had  tranfgreffed  the  fame  Law  which  condemns  Adul- 
terers. The  Emperor  acknowledged  his  Fault,  and  for  grief  forbore  Demoxh  in  era- 
too  late.  So  convenient  a  thing  it  is  in  Nature,  to  pracHfe  by  exam-  tio  com,  Timo- 
ple  that  which  we  would  teach  by  precept.  cr4t' 

The  Lawgiver  Solon  was  wont  to  compare  Laws  to  Money,  for  they    / 
maintain  human  (bcieties,  as  mony  preferves  Traffick,  neither  impro- 
perly, then  if  the  King  may  not   lawfully,  or  at  the  leaft  heretofore 
could  not  mannace  or  embafe  good  Money  without  the  content  of  the 
Common- wealth,  much  more  lefscan  he  hove  power  to  make  and  innocen.  3.  *,. 
unmake  Laws,  without  the  which,  nor  Kings,  nor  Subjects,  can  cohabit  rcgen.  Fam.  in 
in  (ecurity,  but  muft'  be1  forced  to  live  brutilhly  in  Caves  and  Defirts  ca-  ic  V4re  iu~ 
like  wildBeafts,wherefore  alio  theEmperor  ofcermany  cfteemlngit  need-  ™  °* 
ful  to  make  fbme  Law  for  the  good  of  the  Empire,  firft  he  demands  , 
the  Advice  of  the  Eftates,if  it  be  there  approved,the  Princes,Barons  and 
Deputies  of  the  Towns  fign  it,  and  then  the  Law  is  ratified,  for  he  fb- 
lemnly  (wears  to  keep  the  Laws  already  made,  and  to  introduce  no 
new  ones  without  a  general  Content.  N  There 


(  90) 

There  is  a  Law  In  Polonia,  which  hath  been  renewed  in  the  Year 
145-4.  and  alio  in  the  year  15:38.  and  by  thofe  it  is  decreed,  that 
no  new  Laws  (hall  be  made,  but  by  a  common  Content,  nor  no- 
where elfe,  but  in  the  General  Aflcmbly  of  the  Eftates. 

For  the  Kingdom  of  France,  where  the  Kings  are  thought  to  have 
greater  Authority  than  in  other  places ;  antiently,  all  Laws  were  on- 
ly made  in  the  Aflembly  of  the  Eftates,  or  in  the  Ambulatory  Parlia- 
ment. But  fince  this  Parliament  hath  been  Sedentary,  the  Kings  E- 
dicls  are  not  received  as  authentical,  before  the  Parliament  hath  ap- 
proved rhem. 

Whereas  on  the  Contrary,,  the  Decrees  of  this  Parliament,  where 
the  Law  is  defective,  have  commonly  the  power  and  effect  of  Law. 
In  the  Kingdoms  of  England,  Spain,  Hungary,  and  others,  they  yet  en- 
joy in  fbme  fort  their  ancient  Priviledges. 

For,  if  the  Welfare  of  the  Kingdom  depends  on  the  obfervation  of 
the  Laws,and  the  Laws  are  enthrauled  to  the  pleafure  of  one  man  ;  is  it 
not  raoft  certain,  that  there  can  be  no  permanent  liability  in  that  Go- 
vernment ?  Muft  it  not  then  neceflarily  come  to  pals,  that  if  the  King1 
(as  logie  have  been)r  be  infected  with  Lunacy,  either  continually,  or 
by  intervals,  that  the  whole  State  fall  inevitably  to  mine  ?  But  if 
the  Laws  be  luperior  to  the  King,  as  we  have  already  proved,  and 
that  the  King  be  tied  in  the  fomerefpect  of  obedience  to  the  Laws,  as 
the  Servant  is  to  his  Matter,  who  will  be  Co  fenflefi,  that  will  not  ra- 
ther obey  the  Law  than  the  King  i  or  will  not  readily  yield  his  bed 
affiftance  agamfr.  thofe  that  feek  to  violate  or  infringe  them  ?  Now 
feeing  that  the  King  is  not  Lord  over  the  Laws,  let  us  examine  how 
far  his  Power  may  be  juftly  extended  in  other  things. 

Whether  the  Prince  have  Power  of  Life  and  Death  ever  his 
Subjects  ? 

The  Minnions  of  the  Court  hold  it  for  an  undeniable  Maxim,  That 
Princes  have  the  fame  power  of  Life  and  Death  over  their  Subjects, 
as  antiently  Matters  had  over  their  Slaves,  and  with  thefe  falfe  Ima- 
ginations have  fb  bewitched  Princes,  that  many,  although  they  put 
not  in  ure  with  much  rigour  this  imaginary  right,  yet  they  im.igine 
that  they  may  lawfully  do  it,  and  in  how  much  they  defitt  from  the 
practife  thereof,  infdmuch,  that  they  quit  and  relinquilh  their 
right  and  due. 

But 


(9i  ) 

But  we  affirm  on  the  contrary,  that  the  Prince  is  but  as  the  Mlni- 
ftcr  and  Executor  of  the  Law,  and  may  only  unfheath  the  Sword  a- 
gainft  thofe  whom  the  Law  hath  condemned  j  and  if  he  do  other- 
wife,  he  is  no  more  a  King,  but  a  Tyrant  ;  no  longer  a  Judge,  but 
a  Malefactor,  and  inftead  of  that  honorable  Title  of  Confervaior,  he 
fliall  bejuftly  branded  with  that  foul  Term  of  Violator  of  the  Law 
and  Equity. 

We  mud  here  firft  of  all  take  into  our  Confideration  the  founda- 
tion on  which  this  our  Difputarion  is  built,  which  we  have  refblved 
into  this  Head,  That  things  are  ordained  for  the  benefit  and  profit  of  the 
publicly  State ;  this  being  granted,  the  queftion  is  fbon  difcuft :  For 
who  will  believe  that  men  fought  and  defired  a  King,  who  upon  any 
fudden  motion,  might  at  his  pleasure  cut  their  Throats ;  or  which 
in  colour  or  Revenge,  might  when  he  would  take  their  Heads  from 
their  Shoulders. 

Briefly,  who  (as  the  wife  man  fays)  carries  Death  at  his  tongues 
end,  we  muft  not  think  fb  idely. 

There  is  no  man  fb  vain,  which  would  willingly  that  his  Welfare 
mould  depend  of  anothers  pleafure  j  Nay,  with  much  difficulty  will 
any  man  truft  his  Life  in  the  hands  of  a  Friend  or  a  Brother,  much  lefs 
of  a  Stranger,be  he  never  fb  worthy  .Seeing  that  Envy,Hate,  and  Rage 
did  fb  far  tranfport  Athanai  and  Ajaxy  beyond  the  bounds  of  reafon, 
that  the  one  killed  his  Children,the  other  failing  to  efte&  his  defire  in 
the  fame  kind  againft  his  Friends  and  Companions,  turned  his  Fury 
and  murtherous  intent,  and  a&ed  the  fame  Revenge  upon  himfelf. 
Now  it  being  natural  to  every  man  to  love  himfelf,  and  to  feek  the 
prefervation  of  his  own  Life. 

In  what  affurancej  pray  you,  would  any  man  reft,  to  have  a  Sword 
continually  hanging  over  his  head  by  a  fmall  thread,  with  the  point  to- 
wards him  ?  Would  any  Mirth  or  Jollity  relifh.  in  fuch  a  continual 
Affright  ?  Can  you  poffibly  make  choice  of  a  more  flender  Thread, 
than  to  expofe  your  Life»and  Welfare  into  the  hands  and  power  of  a 
Man  fb  mutable,  that  changes  with  every  puff  of  Wind.  Briefly, 
which  almoft  a  thoufand  times  a  day,  (hakes  off  the  Reftraint  of  Rea- 
fbnand  Difcretion,  and  yields  himfelf  Slave  to  his  own  unruly  and 
difordered  Paffions. 

Can  there  be  hoped  or  imagined  any  profit  or  advantage  fo  great 
or  fb  worthy,  which  might  equallixe  or  counterpofe  this  fear,  or  this 
danger  ?  Let  us  conclude  then,  that  it  is  againft  Delinquents  only, 

N  x  whom 


(  M ) 

whom   tVie  mouth   of  the  Law  hath  condemned,  that  Kings  may 
draw  forth  the  Sword  of  their  Authority. 

If  the  K}ng  may  f  anion  ibofe  tvhom  the  Law  condemns  ? 
But  becaufe  Life  is  a  thing  precious,  and  to  be  favoured,  perad- 
venture  it  will-be  demanded,  whether  the  King  may  not  pardon  and 
abfolve  thofe  whom  the  Law  hath  condemned  ? 

I  anfwer,  no.  Otherwife  this  cruel  pitty  would  maintain  Thieves, 
Robbers,  Murtherers,  Ravimers,  Poy/bners,  Sorcerers,  and  other 
Plagues  of  Mankind,  as  we  may  read  Tyrants  have  done  heretofore 
in  many  places,  and  to  our  woful  Experience,  we  may  yet  fee  at  this 
prefent  time  ;  and  therefore,  the  flopping  of  Law  in  this  kind,  will  by 
impunity,  much  encrcafe  the  Number  of  Offendors. 

So  that  he  which  received  the  Sword  of  Authority  from  the  Law, 
to  pardon  Offences,  will  arm  Offenders  therewith  againft  the  Laws, 
and  put  himfelf  the  Wolf  into  the  Fold,  which  he  ought  to  have  war- 
ranted from  their  ravenous  Outrage.  >      • 

But  for  fb  much  that  it  may  chance  in  fbme  occasions,  that  the 
Law  being  mute,  may  have  need  of  a  (peaking  Law,  and  that  the  King 
being  in  (bme  cafes  the  apteft  Expofitor,taking  for  the  Rule  of  his  Ac- 
tions, Equity  and   Reafon,  which  as  the  Soul  of  the  Soul   may  fb 
clear  the  intention  thereof,  as  where  the  Offence  is  rather  committed 
againft  the  Words,  than  the  Intendment  of  the  Law,  he  may  free  the 
innocent  Offender  from  the  Guilt  thereof  becaufe  a  juft  and  equitable 
Expofition  of  the  Law  may  in  all  good  reafon  be  taken  for  Law  it 
felf,    as  neareft    concurring  with    the  Intention  of  the  Law-Ma- 
kers. 
1.  Notninis  #       Notwithstanding,  leaft  Paflion  fhould  prepoffefs  the  place  of  reafon, 
ret  S.  verbim  Kings  mould  in  this,  fafhion  themfelves  to  the  ordinary  practice  of  the 
CX  hi     f      EmPeror  Severus,  not  to   determine   abfblutely  any   thing  before  it 
'  *  were  maturely  difcufled  by  upright  and  difcreet  Men  in  that  Facul- 

ty- 

And  fb  the  King  may  rigorously  puniflj  the  Murtherer ;  and  yet 

notwithstanding,  pardon  him,  which  casually,  and  without  any  fiich 
purpofe  killethone.  He  may  put  to  death  the  Thief,  and  yet  pardon 
that  man,  which  in  his  own  defence  killeth  him  that  would  have  rob- 
bed him.  Briefly,  in  all  other  Occurrences  he  may  diitinguifh,  as 
being  eftablifhed  Arbitrator  and  Neuter,  Chance-medly  from  Malice, 
forethought  a  good  purpofc  from  the  Rigor  of  the  Law,  with- 
out favouring  at  any  time  Malice  or  Treafbn.     Neither  can  the 

right 


G*1  ) 

right  omimon  of  this  duty  gain  to  him  any  true  tjleera,.  of  niero 
ful:  for  certainly  tliat  Shepheard  is  much  more  pitiful  which  kills 
the  YVoif,then  he  which  lets  him  elcape  ?  the  clemency  of  that  KJng 
is  more  commendable  which  commits  the  Malefactor,  to  the  Hang- 
man,than  he  which  delivers  him  ;  by  putting  to  death  the  Mur- 
therer,  many  Innocents  are  delivered  from  danger:  whereas  by 
filtering  him  toefcape,  both  he  and  others  through  hope  of  the 
like  Impunity,  are  made  more  audacious  to  perpetrate  farther  mifc 
chief,  fo  that  the  immediate  aclt  of  laving  one  Delinquent,  arms 
many  hands  to  murther  divers  Innocents ;  there  is  therefore  both 
truly  Miidnefs  in  putting  to  death  fbme,  and  as  certainly  Cruelty 
In  pardoning  or.  others.  Therefore  as  it  is  permitted  the  King, 
being  as  it  were  Cufios  of  the  Law,  iuibme  cafes  to  interpret  the 
words  thereof ;  fo  in  all  well  ordered  Kingdoms,  it  is  enjoyned 
the  Counfel  of  State,  and  their  duty  obligeth  them  to  examine 
the  Kings  interpretation,  and  to  moderate  both  hisfeverity  and  fa- 
cility. If  through  the  corruption  and  weaknefs  of  Men  this  have 
not  been  fo  really  and  throughly  oblerved  as  it  ought:  Yet 
notwithftanding  the  right  always  remains  intire,  and  there 
wants  only  Integrity  and  Courage  in  the  Parties  to  make  it  ef- 
fectual. 

But  not  to  heap  up  too  many  Examples  in  a  matter  Co  manifeft- 
ly  clear,  it  hath  been  in  this  manner  praefifed  in  the  Realm  of 
France.  For  we  have  there  oftentimes  feen  thofe  put  to  death,  to 
whom  the  King  had  granted  his  Charter  of  Pardon  :  and  thofe 
pardoned,  whom  he  commanded  mould  be  put  to  death.  And 
lometimes  Oftences  committed  in  the  King's  prelence  remitted, 
becaufe  there  was  no  other  Witnefs  but  himlelf.  The  which 
happened  in  the  time  of  Henr.i..  to  a  certain  ilranger,  who  was  ac- 
cuied  by  the  King  himlelf  of  a  'grievous  offence.  If  an  Offender 
by  the  intercetfion  of  Friends  have  his  Pardon  granted  by  the 
King,  the  Chancellor  upon  lufficient  caufe  may  cancel  it:  If  the 
Chancellor  connive,  .yet  muft  the  Criminal  prelent  it  before  the 
Judges,  who  ought  not  only  carefully  to  conlider,  whether  the  Par- 
don were  gotten  by.Xurreptiiious  or  indirect  means,  but alio  if  it 
be  legal,and  in  due  form:.  Neither  can  the  Delinquent  that  hath 
.obtained  his  Charter  of  Pardon  make  ufe  of  it,  until,  tirft  he  ap- 
peal in  Publick  Court  bare-headed,  and  on  his  knees  plead  ir3 
iubmitting    himfelf  Prilbner  until  the  Judges   have   maturely 

weighed 


f  94  ^ 
weighed  and  confidered  the  reafbns  that  induced  theKing  to  grant 
him  his  pardon .-  If  they  be  found  infufficient,  the  offender  mull 
fuffer  the  punifhment  of  the  Law,  as  if  the  King  had  not  granted 
him  any  pardon  :  But  if  his  pardon  be  allowed,  he  ought  not  fo 
much  to  thank  the  King,  as  the  equity  of  the  Law  which  fared  his 
life.  The  manner  of  thefe  proceedings  was  excellently  ordained, 
both  to  contain  the  King  within  the  limits  of  equity,  left  being 
armed  with  publick  Authority,  he  mould  leek  to  revenge  his  own 
particular  fpleen,  or  out  of  fancy  or  partiality  remit  the  wrongs  and 
outrages  committed  againft  the  publick  fafety*  as  partly  alfo  to 
reiirain  an  opinion  in  the  Subject,  that  any  thing  could  be  ob- 
tained of  the  King  which  might  prejudice  the  Laws.  If  thefe 
things  have  been  ill  obferved  in  our  times,  notwithstanding  that 
which  we  have  formerly  (aid,  remains  always  certain,  that  it  is 
the  Laws  which  have  power  over  the  lives  and  deaths  of  the  In- 
habitants of  a  Kingdom,  and  not  the  King  which  is  but  Admini- 
ftratorand  Confervatorof  the  Laws. 

Sub]  efts  are  the  Kjngs  Brethren,  and  not  his  Slaves. 

For  truly  neither  are  the  Subjects,  as  it  is  commonly  faid,  the 

Kings  Slaves,  or  Bondmen  ;  being  neither  prisoners  taken  in  the 

Wars,nor  bought  for  money  :  But  as  confidered  in  one  intire  body 

they  are  Lords,  as  we  have  formerly  proved  ;  fb  each  of  them  in 

particular  ought  to  be  held  as  the  Kings  Brothers  and  KjnjmenAtid. 

to  the  end  that  we  think  not  this  ftrange,  let  us  hear  what  God 

^  Deut.17. 15.     himfelf  faith  when  he  prefcribes  a  Law  to  Kings  j  That  they  lift: 

20.  not  their  heart  above  their  Brethren  from  amongft  whom  they 

Barto.intradf.  wercchofen.  Whereupon  Bartdut  a  famous  Lawyer,  who  lived  in 

°       x      an  age  tkat  bred  many  Tyrants,  did  yet  draw  thisconclufion  from 

that  Law,  that  Subjects  were  to  be  held  and  ufed  in  the  quality 

,  and  condition  of  the  Kings  Brethren,  and  not  of  his  Slaves.  Alfo 

"*■  •     •  •      Ring  David  was  not  afhamed  to  call  his  Subjects  his  brethren.  The 

ancient  Kings  were  called  Abimclcch^  an  Hebrew  word  which  figni- 

fies,   My  father  the  King.  The  Almighty  and  all   good  God,  of 

whole  great  gentlenefs  and  mercy  we  are  daily  partakers,and  very 

feldom  fed  his  feverity,  although  we  juftly  delerve  it,  yet   is  it 

always  mercifully  mixed  with  compallion  ;  whereby  he  teacheth 

Princes,  his  Licutenents,  that  Subjects  ought  rather  to  be  held  in 

obedience  by  love,  than  by  fear. 

But  left  they  fliould  except  againft  me,as  if  I  fought  to  intrench 

too 


(  95) 

too  much  upon  the  Royal  Authority,  I  verily  believe  it  is  ft  much 
the  greater,  by  how  much  it  is  likely  to  be  of  longer  continuance. 
For  faith  one,  fervile  fear  is  a  bad  guardian,  for  that  Authority  Cicer. !.  2, 
wedefirc  mould  continue;  for  thofe  in  fiibje&ion  hate  them  they  °    c* 
fear,  and  whom  we  hate,  we  naturally  wifh  their  deftrucHon :  On 
the  contrary,  there  is  nothing  more  proper  to  maintain  their  Au- ' 
thority  than  the  afreclion  of  their  fubje&s,  on  whole   love   they 
may  fafeliell  and  with  mofl  fecurity  lay  the  foundation  of  their' 
greatnefs.     And  therefore  that  Prince  which  governs  his  Subject* 
as  Brethren,  may  confidently  a flure  himfelfto  live  fecurcly  in  the 
mi  ill  of  dangers .-  whereas  he  that  ufeth  them  like  flaves,   mult' 
needs  live  in  much  anxiety  and  fear,  and  may  well  be  refembled 
to  the  condition  of  that  Mailer  which  remains  alone  in  fome  De- 
fart  in  the  midft  of  a  great  Troop  of  Slaves,  for  look  how  many 
Slaves   any  hath,  he  mull  make  account  of  lb  many   Enemies, 
which  almoft  all  Tyrants  that  have  been  killed  by  their  Subjects 
have  experimented:  Whereas  on  the  contrary,  the  Subjects  of 
good  Kings  are  ever  as  fblicitoufly  careful  of  their  fafety,  as  of 
their  own  welfare. 

To  this  may  liave  reference  that  which  is   read  in  divers  pla-  Plato  lib.8.  de 
ces  of  Ariftotle,  and  was  faid  by  AgAJicles  King  of  Sparta,  That  epub.  Seneca. 
Kings  command  as  Fathers  over  their  Children,  and  Tyrants  as  Aliud  ett  ier- 
Mallers  over  fh'elr  Slaves,  which  we  mud  take  in  the  fame  fence,  \ye(\{rc .  aijucj 
that  the  Civilian  Martianus  doth,  to  wit,  that  Paternal  Authority  libertas,  aliud 
confifts  in  Piety,  and  not  in  Rigour,  for  that  which  was  pra£H-  licentia. 
fed  amongft  the  Men  of  the  Accorn  Age,  that  Fathers  might  ^  jDj  ^e  ^ 
fell,  -arid  put  to  death  their  Children  at  their  pleafiire,  hath  no  Au-  jeg  Q^e 
thority  amongft  Chriftians,  yea,  the  very  Pagans  which  had  any  am  de  ficar 
humanity,  would  not  permit  it  to  be  pra&ifed   on  their  Slaves,  ubiulp.  L.i- 
Therefore  then  the  Father  hath  no  power  over  the  fbns  life,  be-  c*  ^e  Pari"ic^ 
fore  firft  the  Law  have  determined  it,  otherwife  he  offends  the 
Law,  Cornelius  againfl  privy  Murtherers,and  by  the  Law  Pcmpeius 
againft  Parricides,  the  Father  is  no  lefs  guilty  which  kills  the  fbn,  ^r- 
than  the  Son  which  murthers  the  Father  :  For  the  fame  occafion 
the  Emperor  Adrian  banifhed  into  an  Ifland,  which  was  the  ulual 
punifhment  for  Notorious   Offenders,  a  Father  which  had  (lain 
his    Son ,    of   whom    he   had  entertained    a    jealous    opinion 
for  his  Mother-in- Law,  concerning  Servants  or  Slaves,  we  are  ad- 
monifhed  in  holy  writ  to  ufe  them  like  Brethren,  and  by  Human 

Conflitu- 


(9^  ) 
Coiiftitutions  as  Hirelings,  or  Mercenaries. 
Eodefiaft.35.      •  By  the  Civil    Law  of  the  Egyptians,  and  fymans,  and  by  the 
Cffr-r,1rv3ri     Conftituiions  of  the  Antonims,  the  Matter  is  as  well  liable  to  pu- 
Sic  Hb  2  C  2.   n^ment  which  hath  killed  his  own  (lave,  as  he  which  killed  ano- 
L.i.  D.'de'his  ther  mans.    In  like  manner  the  Law  delivers  from  the  power  of 
qui  funt  fui,     the  Matter,  the  Slave  whom  in  his  ficknefs  he   hath  altogether 
vel.  al.  juris,    negle&ed,  or  hath  not  afforded  convenient  food,  and  the  infran- 
cftifed  Slave  whole  condition  was  fomewhat  better,  might  for  any 
apparent  injury  bring  his  action  againft  his  Patron.     Now  feeing 
there  is  fo  great  difference  between  Slaves,  and  Lawful  Children, 
betwixt  Lords  and  Fathers,  and   notwithstanding  heretofore  it 
was  not  permitted  amongft  the  Heathen,  to  ufe  their  Slaves  cru- 
elly ;  What  (hall  we  fay,  pray  you,  of  that  Father  of  the  peo- 
ple, which  crys  out  tragically  with  Atreus,  I  will  devour  my  Chil- 
dren ?  In  what  efteem  fhall  we  hold  that  Prince  which  takes  fuch 
pleafure  in  the  maflacring  his  Subjects,  (condemned  without  being 
ever  heard)  that  he  difpatched  many  thoufand  of  them,  in  one  day, 
and  yet  is  not  glutted  with  blood:  Briefly  who  after  the  Example 
of  CaliguU  (furnamed  the  Phaeton  of  the  World)  wifheth  that  all 
his  people  had  but  one  Head  that  he  might  cut  it  off  at  one  blow  ? 
Shall  it  not  be  lawful  to  implore  the  afliftance  of  the  Law  againft 
fuch  furious  madnefs,  and  to  pull  from  fuch  a  Tyrant  the  fword 
which  he  received  to  maintain  the  Law,  and  defend  the  good, 
when  it  is  drawn  by  him  only  for  rapine,  and  ruine  ? 

W/Jttber  the  goods  of  the  people  belong  to  the  KJng  ? 
But  to  proceed,  let  us  now  fee  whether  the  King  whom  we 
have  already  proved,  hath  not  power  over  the  lives  of  his 
Subjects  ;  is  not  at  the  lead:  Lord  over  their  Goods.  In  thefe 
days  there  is  no  language  more  common  in  the  Courts  of 
Princes,  then  of  thofe  who  fey  all  is  the  Kings.  Whereby  it 
follows,  that  in  exacting  any  thing  from  his  Subjects  he  takes  but 
his  own,  and  in  that  which  he  leaves  them>  lie  exprefltth  the  care 
he  hath  that  they  fhould  not  be  altogether  deftirute  of  means  to 
maintain  themfelvesjand  this  opinion  hath  gained  Co  much  power 
in  the  minds  of  fome  Princes,  that  they  are  not  afhamed  to 
fay  that  the  pains,  fweat  and  indullry  of  their  Subjects  is  their 
proper  Revenue,  as   if  their  miferablc  Subjects  only  kept  Beafts 

to 


(  97) 

to  Till  the  Earth  for  their  infolent  Matters  profit,  and  luxury.  And 
indeed, the  praclife  at  this  day  is  juft  in  this  manner,  although  in 
all  right  and  equity  it  ought  to  be,  Contrary ,ncw  we  muft  always 
remember  that  Kings  were  created  for  the  geed  and  profit  of  the 
Pecple,  and  that  thofe  (as  Anfiotle  fays)  which  indeavour  and 
feek  the  Commodity  of  the  People,  are  trufty  Kings:  whereas 
thole  that  make  their  own  private  ends  and  pleafures,  the  only 
butt  and  aim  of  their  defnes  are  truly  Tyrants. 

It  being  then  (6  that  every  one  loves  that  which  is  his  own, 
yea  that  many  covet  that  which  belongs  to  other  Men,  is  it  any 
thing  probable  that  Men  mould  feek  a  Matter  to  give  him  frankly- 
all  that  they  had  long  laboured  for,  and  gained  with  the  Sweat 
of  their  Brows  ?  May  we  not  rather  imagine ,  that  they  chofe 
fuch  a  Man  on  whofe  integrity  they  relied  for  the  adminiftring 
of  juftice  equally  both  to  the  Poor  and  Rich,  and  which  would 
not  afliime  all  to  himfelf,  but  rather  maintain  every  one  in  the 
fruition  of  his  own  goods  ?  or  who  like  an  unprofitable  Drone, 
mould  fuck  the  Fruit  of  other  Mens  Labours,  but  rather  pre- 
ferve  the  Houfe,for  thofe  whofe  induftry  juftly  deferved  ft  r  briefly, 
who  inftead  of  extorting  from  the  true  owners  their  goods,  would 
fee  them  defended  from  all  ravening  Oppreflbrs?  What  I  pray 
you  skills  it  fays  the  poor  Country  man,  whether  the  King,  or 
the  Enemy  make  havok  of  my  Goods,  fince  through  the  fpoil 
thereof  I  and  my  poor  familyclie  for  huneer"?^what  imports  it 
whether  a  Stranger  or  home-bred  Caterpiller  ruine  my  Eft ate,and 
bring  my  poor  fortune  to  extream  beggery  ?  Whether  a  forrein 
Souldier,  or  a  Sicophant  Courtier  by  force  or  fraud,  make  me  a 
like  miferable  r**VVhy  fhall  he  be  accounted  a  barbarous  Enemy  , 
if  thou  be  a  friendly  Patriot  ?  Why  he  a  Tyrant  if  thou  be  King  ? 
Yea  certainly  by  how  much  Paracide  is  greater  men  Manflaugh- 
ter,  by  fb  much  the  wickednefs  of  a  King,  exceeds  in  mifchief 
the  violence  of  an  Enemy. 

If  then  therefore  in  the  Creation  of  Kings,  Men  gave  not  their 
own  proper  goods  unto  them,  but  only  recommended  them  to 
their  protection  ;  by  what  other  right  then,  but  that  of  free 
booters,  can  they  challenge  the  property  of  other  Mens  goods 
to  them  (elves  ?  Wherefore  the  Kings  of  Egypt  were  not  (accord- 
ing to  Law )  at;the  firft  the  Lords  of  particular  Mens  Eftateo,but 
were  only  then  when  they  were  fold  unto  them  for  Corn,  and 

yht 


(9») 

^KxtiS' 2i,  yecnwy  there  well  be  queflion  made  of  the  validity  of  that  con- 
j,  &c#    '      *  trait.  Ahab  King  of  Ifrncl  could  not  compel  Naheth  to  fell  him  h  is 
L.venditor.11,  Vineyard  ;but  rather  if  he  had  been  \villing,the  Law  of  God  would. 
D.  de  com.     nQt  permit  it.  •  The  Unman  Emperors  which  had  an  unreafbnable 
fr*i..iivH.      power,  could  neither  by  right  have  done  it.     At  this  day  there  is 
with  much    difficulty,  any  Kingdom  jo  be    found,  where    the 
meaner!  Subject  may  not  fait  the  King,  and  where  many  times  the 
King  is  not  call  in  the  fuit, which  fucceeding  he  mult  as  well  as  o- 
thers  facishe  the  Judgment.     And  to  this  is  not  contrary,  although 
at  the  firft  veiw  it  feem  fb,  that  which  fome  of  their  mod  fami- 
liars have  written  of  the  Emperors.     That  by  the  civil  Law  all 
things  were  the  Kings,  and  that  ,C,vfar  was  abfblute  Lord  of  all 
things,  they  themfelves   expound  this  their  opinion  in  this  mam 
ner,  that  the  Dominion   of  all  things  betaigs  to  the  King,  and 
the   propriety    to  particular  Perfons,  in   Co  much  as  the  one  pof- 
feflethall  by  the  right  of  commanding,  the*  other  by  the  Law  of 
Inheritance .-  We  know  that  it  is  a  common  faying  amonglt  the 
Civilians,  that  if  any  make  claim  to  a   Houfe-  or  a  Ship,  it  fol- 
lows  not  therefore  that  he  can  extend  his  right  to  all  theFurni? 
ture  or  Lading.     And  therefore  a  King  may  challenge  and  gain 
right  to  the  Kingdom  of  Germany,  France. and  England:  and  yet 
notwithftanding  he  may  not  lawfully  take  any  honeft  Mans  fi- 
liate from  him,  but  by  a.  manifeit  injuilice,  feeing  that  they  are 
things  diver fe,,  and  by  Law  diftinguifhed,  to  be  poflefors  of  the 
whole,  and  of  all  the  particular  parts,. 

Woetlxr  the  King  be,  the  proper  owner  of  the  Kingdom} 

But  the.  King,is  he  not  Lord  proprietor  of  the  pubiick  Reveniier1 
We  mu(t  -  handle  this  point  fomewhat  more  exactly  then  we  did 
the  former.  In  the  firft  place,we  mult  confider  that  the  Revenue  of 
the  pubiick  Exchequer  is  one  thing,  and  the  proper  Patrimony  of 
the  Prince  another,  of  different  Nature  are  the  goods  of  the  Em- 
peror,King,  or  Prince  ;  to  thofe  of  Antonius,Heary,ov  Phillips  thofe 
are  properly  the  Kings,  which  he  enjoys  as  King,  thofe  are  An- 
twins  his  which  he  poflefleth,  as  in  the  right  of  Antomus,  the 
former  he  received,  from  the  people,  the  latter  from  thofe  of  his 
blood,  as  inheritor  to  them. 

This  diftin&ion   is  frequent  ill  the  Books  of  the  Civil  Law, 
where  there  is  a  difference  ever  made,  between  the  Patrimony  of 

w  the 


(  99  )  ,         . 

the  Empire,  and  that  of  the  Emperor,  the  Treafory  of  defar  is  one 
thing,  and  the  Exchequer  of  the  Common-wealth  another,  and 
both  the  one  and  the  other  have  their  feveral  procurers,  there 
being  diverfe  difpenfers  of  the  facred  and  publick  diftributions, 
and  of  the  particular  and  private  Expences,  infbmuch  as  he  which 
as  Emperor  is  preferred  before  a  private  Man,in  a  grant  by  Deed 
or  Chattel,  may  alio  fome'time  as  Antonius  give  place  to  an  infe- 
riour  perfbn. 

In  like  manner  in-  the  Empire  of  Ge rmanyjhz  Revenue  of  Ferdi- 
nand of  Auflria  is  one  thing,  and  the  Revenue  of  the  Emperor 
Ferdinand's  another.-  the  Empire,  and  the  Emperor  have  their  fe- 
veral  Treafures.-  as  alio  there  is  difference  in  the  Inheritances 
which  the  Princes  derive  from  the  Houfes  of  their  Anceftors,  and 
thofe  which  are  annexed  to  the  Electoral  Dignities.  Yea  a- 
monft  the  Turks  themfelves,  Selimus  his  Gardens  and  patrimo- 
nial Lands  are  diftinguifhed  from  thofe  of  the  publick,  the  one 
ferving  for  the  Provifion  of  the  Sultans  Table,the  other  imployed 
only  about  the  Turkijh  Affairs  of  State.  There  be  notwithstand- 
ing Kingdoms  as  the  French  and  Englifh,  and  others  in  which  the 
King  hath  no  particular  Patrimony,  but  only  the  Publick  which 
he  received  from  the  People,  there  this  former  diftin&ion  hath 
no  place.  For  the  goods  which  belongs  to  the  Prince  as  a  pri- 
vate Perfbn  there  is  no  queftion  ,  he  is  abfblute  owner  of  them 
as  other  particular  Perfbns  are,  and  may  by  the  Civil  Law  fell, 
ingage,  or  difpofe  of  them  at  his  pleafure.  But  for  the  goods  of 
the  Kingdom,  which  in  feme  places  are  commonly  called  the 
Demeans,  the  Kings  may  not  be  efteemednor  called  in  any  (on 
whatfbever,  abfolute  Lords  Proprietors  «f  them.  For  what  if 
a  Man  for  the  Flocks  fake  hare  made  thee  Shepheard,  doth  it  fol- 
low that  thou  haft  liberty,  to  flea,  pill,  fell,  and  tranfport  the 
Sheep  at  thy  pleafiire  ?  Although  the  People  have  eftabliflied 
thee  Judge,  or  Governour  of  a  City,  or  of  feme  Province,  haft  z.  cum  fervttt 
thou  therefore  power  to  alienate,  fell,  or  play  away  that  City  or  39*  See.  uh. 
Province.-3  And  feeing  that  in  alienating  or  parting  away  a  Pro-  &%  'f  *?*  u 
vince,  the  People  alio  are  fold,  have  they  raifed  thee  to  that  ^  ""fa  A  % 
Authority  to  the  end  thou  {houldeft  feparate  them  from  the  reft,  f undo  fitr  int. 
or  thattliou  (houldeft  proftitute  and  make  them  flaves  to,wbom 
thou  pleafeft?  Furthermore  I  demand  if  the  Royal  dignity  be  a 
Patrimony  ,or  an  Officer  ?  If  it  be  an  OfHce,wh^t  Community  hath 

O  z  it 


(   io-o   ). 

with  any  propriety?  If  it  be  a  Patrimony,  is  it  not  fuch  a  one 
rhat  at  leaft  the  Paramount  propriety  remains  ftill  in  the  People 
which  were  the  Doners?  Briefly  if  the  revenue  of  the  Exchequer, 
or  the  Demeans  of  the  Kingdom,  be  called  the  Dowry  of  the 
Common- wealth,  and  by  good  right,  and  inch  a  D>\vry  whole 
difmembring  or  wafting,  brings  wirh  it  rhe  ruine  of  the  publiclc 
Srate,  the  Kingdom  and  the  King,  by  what  Law  fcajl  it  be  law- 
ful to  alienate  this  Dowry?  Let  the  Emperor  M^nciflnus  be  in- 
fatuated, The  French  King  C/w/cf  .the  Sixth  Lurmirk,  p.nd  give  or 
£11  the  Kingdom,  or  part  of  it  to  the  Evgiijh^et  KUlcoime  King  of 
the  Scots,  lavifhly  diifipate  the  Demeans  and  c;  if  time  the  Publiclc 
Treafiire,  what  follows  for  all  this  f  Thofe  which  tboofe  the 
King  to  tvithitand  the  lnvalions  of  forrein  Enemies,  fhall  rhey 
through  his  Madncfs  and  negligence  be  made  the  Slaves  of  ftran- 
gers,and  thole  Moans  and  Wealth,which  w,uid  have  feoured  rhem 
in  the  fruition  of  their  own  Ettates  and  Fortunes  ?  Shall  they  by 
the  Election  of  fuch  a  King  beexpofed  to  the  Prey  and  Rapine  of 
all  commers,  and  that  which  particular  Perluns  have  faved  from 
their  own  nectfTities,  and  from  thole  under  their  Turorfhip  and 
Government,  fas  it  hapned  in  Scotland)  to  inluc  the  Common- 
wealth with  it,  (hall  it  be  devoured  by  fome  Pandar  or  Broker, 
for  unclean  pleafures . 

But  if  as  we  have  often  laid,   that  Kings  were  conftiruted  for 

the  Peoples  ufe,  what  fhall  that  ufe  be,  it  it  be  perverted  intoa- 

fcufe?  What    good  can   lb   much   mifchief,  and   inconvenience 

'Jbfing,what  profit  can  come  of  fuch  eminent  and  irreparable  dam- 

-tt&gesand  dangers  ?  If  (  I  fayj  in   leeking  to  purehafe  my  own 

liberty  and  weftfare,  I  ingage  my  (elf  into  an  abfblure  thraldom, 

and  "willingly  fubjecl:  my  felf  to  anorhers  Yoak  ,  and  become  a 

fettered  flave  to  another  mans  unruly  delires,  therefore  as  it  is 

•mprinted  in  all  of  us  by  Natiire,fb'alfo  hath  .it by  a  longcuftom 

'feeed^pproved  by  nil  Nations,  that  it  is  not  lawful  for  the  Khyy 

!by  the  Counfel  of  his  own  fancy   and  pfeafare,  to  diminfoh  or 

Wafle  the  publick  Revenue;  and  thofe  which  have  run  a  contrary 

courfc,  have  even  loft    that  hnppy  Name  of  a  King,   and  Itood 

.    .  branded  with  the  infamous  Title  or  a  Tvr-,nr. 

P  I'fottfefs  that  ^heri  Kings  were  indited,  there  was'of  woef- 
^l^'mea1^  to  be  aligned' for  them,  -as  well -to  maintain  thci)  Roy- 
aWignity,  as  to  furntfh  the  Expence  ©f  their  Train  artd  Officers. 

Civility 


(    ioi   ) 

Civility,  and  the  welfare  of  the  publick  State,  feem  to  require 
it,  for  it  was  the  Duty  of  a  King  to  eftablifh  Judges,  in  all  places, 
who  mould  receive  no  Prefents,  nor  fell  Juflice  :  and  alfo  to  have 
Power  ready  to  affifr.  the  execution  of  their  Ordinances,  and  to 
fecure  the  ways  from  dangers,  that  commerce  might  be  open, 
and  free,  &c.  If  there  were  likelihood  of  Wars  to  forrifie  and 
put  Garrifons  into  the  frontier  places,  and  to  hold  an  Army 
in  the  Field,  and  tp  keep  his  Magazines  well  ftored  with  A  mu- 
nition. It  is  commonly  laid,  that  Peace  cannot  be  well  main- 
tained without  provision  for  Wars,  nor  Wars  managed  without 
men,  nor  men  kept  in  Discipline  without  Pay,  nor  Money  got- 
ten without  Subfidies,  and  Tributes. 

To  discharge  therefore  the  burden  of  the  State  in  time  of  Peace, 
was  the  demean  appointed,  and  in  time  of  Wars  the  Tributes 
and  impofts,  yet  fo  as  if  any  extraordinary  neceflity  required  it, 
Money  might  be  raifed  by  Subfidies  or  other  fitting  means.  The 
final  intendment,  of  all,  was  ever  the  publick  Utility,  in  fo  much 
as  he  which  converts  any  of.  theft  publick  Revenues  to  his  own 
private  purpofes_,  much  more  he  which  milpends  them  in  any  un- 
worthy or  loofe  occafions,  no  way  merits  the  name  of  a  King,  for 
the  Prince  (  faith  the  Apoltle )  is  the  Miniiter  of  God  for  the 
good  of  the  People  :  and  for  thatcauft  is  Tribute  paid  unto  them.  Rom.  15. 

This  is  the  true  Original  caufe  of  the  Cuftoms,  and  Impofts  of    °^~ 
the  Romans,  that  thole  rich  Merchandizes   which    were  brought  The  fame  rea- 
from  the  Indies,  Areha,  Altbiofia,  might  be  fecured  in  their  paifage  £™o71Si  tur 
by  Land  from  Thiefs  and  Robbers,  and  in  their  Tranfpor ration  by  Imp0fts  m 
Sea  from  Pirats,  infomuch  as  for  their  Security,  the  Commonwealth  main-  Enghnd,  with 
taitied  a  Navy  at  Sea.  In  this  Rank  we  muft  put  the  Cuftom  which  which  a  Navy 
was  paid  in  the  Red  Sea,  and  other  Impofts  of  Gates,  Bridges,  Jf^Sed 
and  Paflages,  for  thefecuring  of  the  great  Road  ways,  (  therefore  at  Sc8_ 
called,  the  Pretorian  Confular,  and  the  Kings  High- ways,  J  from  the 
ipoil  of  Thieves  and  Free-booters.     The  care  alfo  of  the  Repa- 
ration of  Bridges  was  referred   toCommiflaries  deputed  by  the 
King,  as  appears  by  the  Ordinance  of  Lewis  the  Courteous,  con- 
cerning the  twelve  Bridges  over  the  River  Seyne,  commanding  alfo 
Boats  to  be  in  areadinefs,  to  ferry  ''over  Paflengers,  &c- 

For  the  Tax  laid  upon  Salt  there  was  none  in  ufe  in  thofe  times, 
rhemoftof  the  Salt-pits  being  injoyed  by  private  Perfons,  be- 
caufc  it  ftemed  that  that  which  Nature  out  of  her  own  bounty 
preftnted  unto  "Men,  ought  no  more  to  be  inhaunfed  by  fale  then 

either  ' 


(   ioi   ) 

either  the  light,  the  Air,  or  the  Water,  as  a  certain  King  called 
Lycwgus  in  the  leffer  Afia,  began  to  lay  fome  impofitions  upon  the 
Salt-pits  there,  Nature  as  it  were  impatiently  bearing  fuch  a  rc- 
ftraint  of  her  Liberality,  the  Springs  arc  faid  to  dry  up  fuddenly. 
Now  although  certain  Marmujets  of  the  Court  would  perfwade 
iis  at  this  day,  (  as  Juvenal  complained  in  his  time  )  4hat  the  Sea 
affords  nothing  of  worth,  or  good,  which  falls  not  within  the 
compafs  of  the  Kings  Prerogative. 

He  that  firft  brought  this  Taxation  into  I$me,  was  the  Cenfor 
Livius,  who  therefore  gained  the  Sirname  of  Salter,  neither  was 
it  done  but   in  the  Commonwealths  extream  neceffity.     And  in 
France  King  Philip  the  long,  for  the  lame  reafon  obtained  of  the 
Eftates  the  impolition  upon  Salt  for  five  years  only,  what  Tur- 
moils and  Troubles  the  continuance    thereof  hath   bred  every 
Man  knows.     To  be  brief,  all  Tributes  were  impofed,  and  con- 
tinued for  the  Provifion  of  means  and  Stipends  for  the  men  of 
War,  Co  as  to  make  a  Province  Stipendary  or  Tributary,  was  e- 
fteemed  the  lame  with  Military, 
i    ing.9. 15^       Behold  wherefore  Solomon  exacted  Tributes,  to  wit,  to  for ti fie 
Poftel.li.3  de  the  Towns,  and  to  ere£r.  and  furnifli  apublick  Magazine,  which 
rep.  Tare.       being  accomplifhed,  the  people  required  of  %eJx>boam  to  be  freed 
from  that  burden.  The  T«r/j/  call  the  Tribute  of  the  Provinces, 
the  Sacred  Blood  of  the  People,  and  account  it  a  mod  wicked  Crime 
to  imploy  it  in  any  thing  but  the  defence  of  the  People.  Where- 
fore by  the  lame  reafon  all  that  which   the  King  Conquers  in 
War  belongs  to  the  People,  and  not  to  the  King,  becaufe  the 
People  bore  the  Charges  of  the  War,  as  that  which  is  gained  by  a 
>a£k>r  accrues  to  the  account  of  his  Matter.     Yea  and  what  ad- 
vantage he  gains  by  Marriage,  if  it   belongs  fimply  and  abso- 
lutely to  his  Wife,  that  is  acquired  alfb  to  the  Kingdom,  for  fo 
much  as  it  is  to  be  prefumed  that  he  gained  not  that  preferment 
in  Marriage  in  quality  of  Phtlip  or  Charles,  but  as  he  was  King.  On 
the  contrary,  in  like  manner  the  Queens  have  intereft  of  indow- 
ment  in  the  Eftates  which  their  Husbands  gained    and  irijoy- 
ed   before  they   attained  the  Crown,  and  have  no  Title  to  that 
which  is  gotten  after  they  are  created  Kings,  becaufe  that  isjudg- 
ed  as  the  acquift  of  the  Common  Purfe,  and   hath   no  proper  re- 
ference to  the  Kings  private  Eftate,  which  was  fo  determined  in 
France,  betwixt  Philip  of  Valoys,  and  his  Wife  Jean  of  "Burgundy. 
But  to  the  end  that  there  be  no  Money  drawn  from  the  People  to 

be 


(  i°3  ) 

be  imployed  in  private  defigns,  and  for  particular  ends  and  pur- 
pofes  j  the  Emperor  fwears,  not  to  impofe  any  Taxes  or  Tributes 
whatfbever,  but  by  the  Authority  of  the  Eftates  of  the  Empire. 
As  much  do  the  Kings  of  Polonia,  Hungary,  and  Denmark,  promiie  - 
the  Enghfh  in  like  manner  enjoy  the  fame  unro  this  day,  by  the 
Laws  of  Henry  the  Third,  and  Edward  the  Firft. 

The  French  Kings  in  former  times,  impofcd  no  Taxes  but  in  the 
AfTembiies,  and  with  the  Confent  of  the  three  Eftates ;  from 
thence  fprung  the  Law  of  Philip  of  Vbloys,  that  the  people  mould 
not  have  any  Tribute  laid  on  them  but  in  urgent  neceffityj  and 
with  the  Confent  of  the  Eftates.  Yea  and  anciently  after  thefe 
Monies  were  collected  they  were  locked  in  Coffers,  through  every 
Diocefs  and  recommended  to  the  fpecial  care  of  (elected  Men 
(who  are  the  fame  which  at  this  day  are  called  E/Ieus  )  to 
the  end  that  they  fhould  pay  the  Soldiers  enrolled,  within  the 
Towns  of  their  Diocefles :  the  which  was  in  ufe  in  other  Coun- 
tries, as  namely  in  Flanders  and  other  neighbouring  Provinces. 
At  this  day,  though  many  Corruptions  be  crept  in,  yet  without 
the  Confent  and  Confirmation  of  the  Parliament,  no  exactions 
may  be  collected,  notwithstanding  there  be  fbme  Provinces  which 
aTC  not  bound  to  any  thing,  without:  the  Approbation  of  the  fi- 
liates of  the  Countrey,  as  Languedokey  Brittany  Province ,  Daitl- 
phinyy  and  fbme  others.  All  the  Provinces  of  the  Low  Countries 
have  the  fame  Priviledges  ;  finally  left  the  Exchequer  devour 
all,  like  the  Spleen  which  exhales  the  Spirits  from  the  other  Mem- 
bers of  the  Body.  In  all  places  they  have  confined  the  Exchequer 
within  its  proper  bounds- and  limits.  Seeing  then  it  is  moft  cer- 
tain that  what  hath  been  ordinarily  and  extraordinarily  align- 
ed to  Kings,  to  wir,  Tributes,  Taxes,  and  all  the  demeans  which 
comprehend  all  Cuttoms  both  for  Importations^  and  Exportati- 
ons,  Forfeitures,  Amercements,  Royal  Efcheats,  Confiscations, 
and  other  Dues  of  the  fame  Nature,  were  conligned  into  their 
hands  for  the  maintenance  and  defence  of  the  People,  and  the 
State  of  the  Kingdom,  infomuch  as  if  thefe  Sinews  be  cut,  the 
People  muft  needs  fall  to  decay,  and  in  demolifhing  thefe  Foun- 
dations the  Kingdom  will  come  to  utter  Ruin.  •  It  neceuarily 
follows,  that  he  which  lays  impofitions  on  the  People  only  to 
opprels  them,  and  by  the  publick  detriment  feeks  private  Profit, 
and  with  their  own  Swords  kills  his  Subjects,  he  truly  is  unwor- 
thy the  name  of  a  King  :  Whereas  contrarily,a  true  King  as  he  is 

a 


,   104.  ) 

a  careful  manager  of  the  publick  Aftairs,  lo  is  he  a  ready  Pro- 
tector of  the  Common  welfare,  and  not  a  Lord  in  Propriety  of 
the  Commonwealth,  having  as  little  Authority  to  alienate  or 
diflipate  the  demeans  or  publick  Revenue,  as  the  Kingdom  it  (elf. 
And  if  he  misgovern  the  State,  feeing  it  imports  the  Common- 
wealth that  every  one  make  ufe  of  his  own  Talent,  it  is  much 
more  recjuilite  for  the  publick  Good,  that  he  which  halh  the  ma- 
naging of  it,  carry  himfelf  as  he  ought. 

And  therefore  if  a  prodigal  Lord  by  the  Authority  of  Juftice, 
be  committed  to  the  Tuition  of  his  Kin  (men  and  Friends,  and 
compelled  to  luffer  his  Revenues  and  Means  to  be  ordered,  and 
difpofed  of  by  others  j  by  much  more  realbn  may  thofe  which 
have  intereft  in  the  Aflairs  of  State,  and  whole  Duty  obligeth 
them  thereto,  take  all  the  Adminiftration  and  Government  of  the 
State  out  of  the  hands  of  him  which  either  negligently  executes 
his  place,  Ruins  the  Commonwealth,  if  after  admonition  he  in- 
deavours  not  to  perform  his  Duty.  And  for  lb  much  as  it  is 
eafily  to  be  proved ,  that  in  all  lawful  Dominions  the  King  can- 
not be  held  Lord  in  Propriety  of  the  demean;  without  (earching 
into  thofe  elder  times,  whereof  we  have  an  apt  Reprefentation  in 
_  ^en*  23-  the  Perfbn  of  Ephron  King  of  the  Hittites,  whodurft  not  (ell  the 
Field  to  Abraham  without  the  Content  of  the  People.     This  right 

S  ey  .  .  1.  fj    j         ki*s  day   pra£tifed  in  publick  States :    the  Emperor  of  Ger~ 
bulk  murea.  c       J.  .  r  .      r    ,       .        .     r  r\  m 

many  before  his  Coronation  doth  lolemnly  iwear  that  he  will  nei- 
ther alienate,  difmember,  nor  ingage  any  of  the  Rights  or  Mem- 
bers of  the  Empire.     And  if  he  recover,  or  Conquer  any  thing 
with  the  Arms  and  means  of  the  publick,  it  fhall  be  gained  to  the 
Empire,  and  not  to  himielf.     Wherefore  when  Charles  the  Fourth 
promifed  each  of  the  Eletlors  an  hundred  thoufand  Crowns  to 
choo(e  his  Son  PVenciflans  Emperor,  and  having  not  ready  Money 
L.  i.tfp.i/m    to  deliver  them,  he  mortgaged  Cuftoms,  Taxes, .  Tributes,  and 
ede  con.  re.      ccrrajn  Towns  unto  them,  which  were  the  proper  Appurtenances 
tnChron   '  ■'  °^  ^  ^mPH'e  :  whereon  followed  much  and  vehement  Contefta- 
tion,  moil  Men  holding  this  ingagementvoid.    And  queilionleis 
it  had  been  lo  declared,  but  lor  the  Profit  that  thofe  reaped  there- 
by, which  ought  principally  to  have  maintained  and  held  intire 
the  Rights  and  Dignities  or  the  Empire.      And  it  followed  al(o, 
that  IVcKujliM  wasjullly  held  uncapable  of  the  Government  of  the 
Empire,  chiefly  becaiife  he  (uffered  the  Rights  ol  the  Empire  over 
'  the  Dutchy  of  Milan  to  be  wreited  frcni  him. 

There 


There  is  a  Law  very  ancient  in  the  Kingdom  of  Polonia,  which  pro- 
hibits the  alienatineoi  any  of  the  Kingdoms  Lands  :  the  which  a!fo  9*  |nte!lect0 
ji      w  '■  •     l  r    r,  •  ^e  jureiaran- 

was  renewed  by  King  Leavj  in  the  year  i  3  7  5.  In  Hungary  m  <*wro  mi.  do  in  r)eCreta!. 

there  was  a  complaint  made  to  Pope  Honorius,  that  King  Andrew  had  p0Hd.  Virgil, 
ingaged  trie  Crown  Lands  contrary  to  his  Oath.     In  England  was  the  in  cod.  Hif. 
fame  by  the  Law  of  King  Edw.'m  the  year  1298.  Likewife  in  Spain  part^-.M- 
by  the  Ordinance  made  under  Alphonfus,  and   renewed  in  the  year  con  j  *  9* 
1 5*60.  in  the  Aflembly  of  the  Eftates  at  Toledo.  Theft  Laws  were  then 
ratified,  although   long  time  before  Cuftom  had  obtained  the  vigor 
and  effect  of  Law.     Now  for  the  Kingdom  o£  France  whereto  I  longer 
confine  my  felf,  becaufeflie  may  in  a  fort  pais"  as  a  pattern  to  the  reft, 
this  right  hath  ever  remained  there  inviolable.     It  is  one  of  the  molt 
ancient  Laws  of  the  Kingdom,  and  a  right  born  with  the  Kingdom  it 
felf,  that  the  Demain  may  not  be  alienated :   the  which  Law  in  anno 
1 566.  (although  but  ill  defervedj  was  renewed.  There  is  only  two  cafes  PaPon  Are- 
excepred,   the  Portions  or  Appenages  of  the  children  and  Brothers  of    "'i' tlU 
the  King,   yet  with  this  Refervation,   that  the  right  of  VafTalage  re- 
mains always  to  the  Crown  .•  in  like  manner  if  the  condition  of  War  re- 
quire neceflarily  an  alienation,  yet   it   muft  be  ever  with  power  of 
Redemption.  Anciently  neither  the  one  nor  the  other  were  of  Validity, 
but  by  the  commandment  of  the  States .-  at  this  day  fince  the  Parliament 
hath  been  made  Sedentary,  the  Parliament  of  Paris  which  is  the  Court 
of  the  Peers,    and  the  Chamber  of  Accounts,  and  of  the  Treafury, 
muft  firft  approve  it :  as  the  Edicts  of  Charles  the  fixth  and  ninth  do 
teftifie.    This  is  a  thing  fb  certain,  that  if  the  ancient  Kings  themfelves 
would  endow  a  Church  (although  that  was  a  work  much  favoured 
in  thefe  days)  they  were  notwithftanding  bound  to  have  an  allowance 
of  the  Eftates  t  witnefs  King  Childebert,  who  might  not  endow  the 
Abbey  of  St.  Vincent  at  Paris  before  he  had  the  French  and  Net&Ftrafians  Airnoniusl,  4. 
content.  Clovis  the  2d.  and  other  Kings  have  obferved  the  fame.  They  cha.  41.&C 
might  neither  remit  the  regalities  by  granting  infranchifements,  nor 
the  nomination  of  Prelates  to  any  Church.     And  if  any  of  them  have 
done  it,  as  Lewis  11.  Philip  4.  and  Philip  furnamed  Augujhii,  did  in  fa- 
vour of  the  Churches  of  Senis  Auxera,  andtfcwrj,"  the  Parliament  hath  gSf^'^nW" 
declared  it  void.     When  the  King  is  anointed  at  Reims,  he  fuears  to  cb-  D.de lata  m" 
ierve  this  Law  :  and  if  he  infringe  it,  that  Act  hath  as  much  validity  An.  132^.  * 
with  it  an  if  he  Contracted  to  fell  the'Empires  of  the  Great  T/^,  or  ^o.  1374. 
Sophia  of  Perfia.     From  thisfpring  the  Conftitutions  or  Ordinances  of  I401,  1533« 
Philip  Cot  John  ad.  of  Charles  5th.  61  h.  and  8  th.  by  which  they  revoke 
all  alienations  made  by.  their  Predeceflbrs. 

P  In 


Anno  1483. 
1522.  15  3 1. 

1549.  1560. 
by  divers  De- 
crees of  the 
Court  of  Par- 
liament. 


Paulus  jEmili 
us,  lib.  3. 

Anno  1195. 
i  200.  12^9. 
^1297.  1303. 
"1325.  1330. 
Anno  1360. 


Anno  1465. 


Anno  1525, 

Anno  1420. 
Mouftrelet. 
chap.2.25. 


(  106  ) 

In  the  Affembly  cF  theEttetes  at  Tours,  where  King  Charles  the  8  th- 
was  in  peribn,  clivers  alienations  made  by  Lewes  1 1.  were  repealed,  and 
annihilated,  and  there  was  taken  away  from  the  Heirs  of  Tancred  of 
Chafiel  his  great  Minnion,  clivers  places  which  he  had  given  him  by 
his  proper  Authority.     This  was  finally  ratified  in  thelaft  Affembly  of 
the  Eftatesheld  at  Orleans.    Thus  much  concerning  the  Kingdoms  De- 
mean.    But  to  the  end  that  we  may  yet  more  clearly  perceive  that  the 
Kingdom  is  preferred  before  the  King,  and  that  he  cannot  by  his  own 
proper  Authority  diminifh  the  Majefty  he  hath  received  from  the  peo- 
ple, nor  infranchife  or  releafe  from  his  Dominion  any  one  of  his  Sub- 
jects j  nor  quit  or  reiinquifh  the  Soveraignty.  of  the  leaff.  part  of  his 
Kingdom.  Charkmam  in  former  times  endeavoured  to  fubjecf.  the  King- 
dom of  France  to  the  German  Empire  :  the  which  the  French  did  coura- 
■  gioully  oppofe  by  the  mouth  of  a  Prince  of  Giafconnie  \  and  if  Charle- 
mayn  had  proceeded  in  that  bufine/s,  it  had  come  to  the  trial  of  the 
Sword.     In  like  manner  when  any  portion  of  the  Kingdom  was  grant- 
ed to  the  EngUfl^  the  Soveraignty  was  almoft  always  reserved.    And  if 
fbmetimes  they  obtain'd  it  by  force,  as  at  the  Treaty  of  Bretigny,  by 
tke  which  King  John  quitted  the  Soveraignty  oiGUJconme  and  Peyton  .- 
that  agreement  was  not  kept,neither  was  he  more  bound  to  do  it,  then 
a  Tutor  or  Guardian  is  being  Prifbner  ('as  he  was  then,)  which  for  his 
own  deliverance  fhouldingage  the  effate  of  his  Pupils,     riv  che  power 
of  the  fame  Lav^the  Parliament  of  Parts  made  void  the  T re.it/  oi  Qn- 
flius,    by    the  which  Duke   Charts  of  Burgundy  had  draw  si  from  the 
King  Amiens,  and  other  Towns  of  Picardy.  In  our  days  ttajtf  fame  Par- 
liament declared  void  the  Agreement  made  at  Madrid,  between  Francis 
the  1 .  then  Prifbner,  and  Char/es  the  5-.  concerning  the  Dutch y  of  Bur- 
gundy.    But  the  donation  made  by  Charles  the  6;  UTiio  Hen.  K'.ig  of 
England  or  the  K'ngdom  of  France  ^\;Cr  his  diceafe  is  a  Sufficient  teftimo- 
ny  for  this  matter,  and  of  his  madnefs,  if  there  had  been  no  other  proof; 
But   to  leave   off  producing  any  further  Teilimonies,  Examples,  or 
Reafons,  by  what  righwean  the  King  give  or  fell  away  the  Kingdom, 
or  any  pn^  of  it;  feeing  it  confiiteth  of  people,  and  not  ot    Earth  or 
V  alls;  and  of  Freemen  there  can  be  made  no  fale,  nor  rraffick  .-  yea, 
~ad  the  Patrons  thernfelves  cannot  compel  the  Inframhifed  lervants  to 
rnfcfctf  their  1  Habitations,  in   other  places  than  them k  .The 

which  ,is  the  ralher  to  bei  allowed,  in  that  Subjects  as  neither  Slaves, 
nor  infranchiftd  Servants,  but  Brothers:  and  not  only  .the  Kings  Bre- 
thren taken  one  by  one,  but  alio  coniidered  in  one  body,  they  ought 
to  be  eifeemed  abioiute  Lords,  and  owners  of  the  Kingdom. 

Uleth$r 


(  170  ) 

Whether  the  King  be  the  <VfufruiSiuor  of  the  Kingdom. 

But  if  the  King  be  not  Lord  in  propriety,  yet  at  the  lead  we  may 
efteem  him  Ufufruicluor  of  the  Kingdom,  and  of  the  Demean  ;  nay, 
truly  we  can  allow  him  to  have  the  Ufufruit  for  being  Ufufri&or, 
though  the  Propriety  remain  in  the  People,  yet  may  he  abiblutely  dif- 
pofe  of  the  Profits,  and  ingage  them  at  his  pleafure.  Now  we  have  al- 
ready proved,  that  Kings  of  their  own  Authority  cannot  ingage  the 
Revenues  of  the  Exchequer,  or  the  Demean  of  the  Kingdom.The  Ufu- 
fruicluor  may  difpofe  of  the  Profits  to  whom,  how,  and  when  he  plea£ 
eth.  Contrarily,  the  exceflive  Gilts  of  Princes  are  ever  judged  void,  his 
unneceflary  Expences  are  not  allow'djhis  Superfluous  to  be  cut  off,  and 
that  which  is  expended  by  him  in  any  other  oceafion,  but  for  the 
publick  Utility,  is  juftly  efteemed  to  be  unjuftly  extorted.  And  is  no 
lefs  liable  to  the  Law  Cincea,  than  the  meaneft  fyman  Citizen  formerly 
was.  In  France,  the  Kings  Gifts  are  never  of  force,  until  the  Chamber 
of  Accounts  have  confirmed  them.  From  hence  proceed  thePoftils  of 
the  ordinary  Chamber,  in  giving  up  of  the  Accounts  in  the  Reigns 
of  prodigal  Kings,  Trop  donne  :  fqyt  'repele,  which  is,  exceflive  Gifts  muft 
be  recalled.  The  judges  of  this  Chamber  Solemnly  fwear  to  pals  no- 
thing which  may  prejudice  the  Kingdom,  or  the  publick  State,  notwith- 
ftanding  any  Letters  the  King  fhall  write  unto  them  $  but  they  are  not 
alwavs  fo  mindful  of  this  Oath  as  were  to  be  defire. 

Furthermore,  the  Law  takes  no  care  how  a  Ufufrui&uor  poflefTeth, 
and  governs  his  Revenues,  but  contrariwife,(he  prefcribes  unto  the  King, 
how  and  to  what  ufe  he  (hall  imploy  his.  For  the  ancient  Kings  of 
France,  were  bound  to  divide  their  Royal  Revenues  into  four  parts. 
The  firft  was  implyed  in  the  maintaining  of  the  Minifters  of  the  Church, 
and  providing  for  the  Poor :  The  fecond  for  the  Kings  Table :  The 
third  for  the  Wages  of  his  Officers  and  Houfhold  Servants :  Thelaft 
in  repairing  of  Bridges,  Cafties,  and  the  Royal  Palaces.  And  what  Monftrelh 
was  .remaining,  was  laid  up  in  the  Treasury ,  to  be  bellowed  on  the  Car%  6- 
Neceflities  of  the  Common  wealth.  And  Hiftories  do  at  large  relate 
the  Troubles  and  Tumults  which  hapned  about  the  Year  141a.  in  the 
Aflembly  of  the  Eftates  at  Paris,  because  Charles  the  Sixth  had  wafted 
all  the  Money  that  was  raifed  of  the  Revenues  and  Demean,  in  his 
own  and  his  Minions  loofe  Pieafures,  and  that  the  Expences  of  the 
KingsHou{hold,which before  exceeded  not  the  Sum  of  94ooo.Francks, 
did  amount,  in  that  miferable  Eftate  of  the  Common-wealth,  to  five 
hundred  and  forty  thoufand  Francks.  Now  as  the  Demean  was 
imployed  in  the  before  mentioned   Affairs,  fo  the   Aids  were   on- 

Pi  iy 


(  io8  ) 

\y  for  the  War,  and  the  Taxes  affigned  for  the  Payment  of  the  men  at 
Arms,and  for  no  other  occafion.  In  other  Kingdoms  the  King  hath  no 
greater  Authority,  and  in  divers  lefs,  efpecially  in  the  Empire  of  Ger- 
many, and  in  Poland.     But  we  have  made   choife  of  the  Kingdom  of 
Trance,  to  the  end  it  be  not  thought  this  hath  any  fpecial  Prerogative 
above  others,  becaufe  there  perhaps   the  Common-wealth  receiveth 
the  moil:  Detriment.     Briefly,  as  I  have  before  {aid,  the  Name  of  a 
King  figriifies  not  an  Inheritance,  nor  a  Propriety,  nor  a  UfafruicT:,but 
Exconcil.  ru-  a  Change,  Office,  and  Procuration.     Asa  Bifhop  is  chofen  to  look  to 
tint,  h  c.  i.    the  Welfare  of  the  Soul,  io  is  the  King  eftablifhed  to  take  care  of  the 
de  hisquxf.unt  Body^fo  far  forth  as  it  concerns  the  publick  Good  ;  the  one  is  Difpenfer 
cortfelfu'capv.  °^  the  Heavenly  Treafurc,   the  other  of  the  Secular,  and  what  Right 
*  the  one  hath  in  the  Epifcopal  Revenues,  the  fame  hath  the  other,  and 
no- greater  in  the  Kingdoms  Demean.  If  the  Bifhop  alien  the  Goods  of 
the  Bifhoprick,without  the  Content  of  the  Chapter,  this  Alienation  is  of 
no  value  j  if  the  King  alien  the  Demean  without  the  Approbation  of 
the  Eftates,  that  is  alfo  void  ;  one  Portion  of  the  Ecclefialtical  Goods 
ought  to  be  imploycd  in  the  Reparation  of  the  Churches ;  the  feeond 
in.  Relieving  of  the  Poor ;  the    third,  for  the  Maintenance   of  the 
Church-men,  and  the  fourth  for  the  Bifhop  himfelf .-  We  have  Ceen 
before,  that  the  King  ought  to  divide  into  four  parts  the  Revenues  of 
the  Kingdoms  Demean.  The  Abufe  of  thefe  times  cannot  infringe,  or 
annihilate  the  Right,  for  although  fome  part   of  the  Bifhops  fteal 
from  the  Poor  that  vvhich  they  profufely  cafr.  away  on  their  Pandars-, 
and  ruine  and  deflroy  their  Lands  and  Woods,the  calling  of  the  Bifhops 
is  not  for  all  that  altered.  Although  that  fome  Emperors  have  affumed 
to  themlelves  an  abfolute  Power,  that  cannot  invert  them  with  any 
further  Right,  becaufe  no  man  can  be  Judge  in  his  own  Caufe.  What 
if  fbme   Carazalla  Vaunt,  he  will  not  want  Money  whilfl:  the  Sword 
remains  in  his  Cuftody :  The  Emperor  Adrian  will  promife  on  the  con- 
trary, ib  to  difcharge  his  Office  of  Principality,  that  he  will  always  re- 
member that  the  Common- wealth  is  not  his,  but  the  Peoples ;  which 
one  thing  almoft  difHnguifheth  a  King  from  a  Tyrant.    Neither  can 
that  Act  of  Attains  King  of  Pergamus  defigning  the  Roman  People  for 
Heirs  to  his  Kingdom,nor  that  of  Alexander  for  AZppt,  nor  Ptolomy  for 
the  Cvreniaw,  bequeathing  their  Kingdoms  to   the  fame  People,  nor 
Prafutagus  King  of  the  Icenians,  which  left  his  to  Cafar,  draw  any  good 
Confcquence  of  Right  to  thofe  which  ufurp  that  which  by  no  jufi  Ti- 
tle belongs  to  them,  nay,  by  how  much  the  intrufion  is  more  vio- 
lent, by  io  much  the  Equity  .and  Jufticeof  the  Caufe  is  more  perfpicu- 

ousr 


ous:  for  what  the  fymas  aflumed  under  the  colour  of  Right,  they" 
would  have  made  no  difficulty  if  tint  pretext  had  been  wanting 
to  have  taken  by  force :  we  have  (een  almoft:  in  our  days  how  the 
Venetians  poifeft  themfelves  of  the  Kingdom  of  Qprus,  under  pre- 
tence of  an  imaginary  Adoption,  which  would  have  proved  ridicu- 
lous, if  it  had  not  been  feconded  by  Power  and  Arms.  To  which 
alfb  may  be  not  unfitly  relembled  the  prerended  Donation  of 
Conftantine  to  Pope  Silvefter,  for  that  Straw  of  the  decretift  Grati- 
an,  was  long  fince  conlumed  and  turned  to  Afnes,  neither  is  of 
more  Validity,  the  Grant  which  Lewis  the  Courteous  made  to  Pope 
Pafihal  of  the  City  of  fyme,  and  part  of  lM/y,becaufe  he  gave  that 
which  he  poflefled  not,  no  man  oppofed  it.  But  when  his  Father  Pohier.l 
C bar lemain  would  have  united  and  fubje&ed  theKingom  of  France  Geori'  3" 
to  die  German  Empire,  the  French  did  lawfully  oppose  it :  and  if  he 
had  perfifted  in  his  purpofe,  they  were  refolved  to  have  hindred 
him,  and  defended  themfelves  by  Arms.  There  can  be  too  "as  little 
advantage  alledged,that  Aft  of  Solomons, whom  we  read  to  have  de-  l  K,liS-  9<  1  i« 
livered  twenty  Towns  to  Hiram  King  of  Ttre :  for  he  did  not  give 
them  to  him  but  for  the  fecuring  of  the  Talents  of  Gold  which  if;-  2  ^hron*  &  2. 
ram  had  lent  him,  and  they  were  redeemed  at  the  end  of  the  term, 
as  it  appears  by  the  Text.  Further,  the  Soul  was  barren,  andhu£ 
banded  by  the  remaining  Canaanites  :  But  Solomon  having  redeem- 
ed it  out  of  the  hands  of  Hiram,  delivered  it  to  the  Israelites  to  be 
inhabited  and  tilled.  Neither  ferves  it  to  much  more  purpofe,  to 
alledge  that  in  fbme  Kingdoms  there  is  no  exprefs  Agreement  be- 
tween the  King  and  the  People ;  for  fuppofe  there  be  no  mention 
made,yet  the  Law  of  Nature  teacheth  us,that  Kings  were  not  ordain- 
ed to  ruine,  but  to  govern  the  Common-wealths,  and  that  they 
may  not  by  their  proper  Authority  alter  or  change  the  Rights  of  the 
publick  State,and  although  they  be  Lords,  yet  can  they  challenge  it 
in  no  other  Quality,  than  as  Guardians  do  in  the  Tuition  of  their 
Pupils  j  neither  can  we  account  him  a  lawful  Lord,  which  de- 
prives the  Common-wealth  of  her  Liberty,  and  fels  her  as  a  Slave. 
Briefly,  neither  can  we  alfb  alledge,  that  fbme  Kingdoms  are  the 
proper  Acquifts  of  the  King  himfelf,  infbmuch  as  they  were  not 
conquered  by  their  proper  Means  and  Swords,  but  by  the  Hands, 
and  with  the  Wealth  of  the  Publick ;  and  there  is  nothing  more  a- 
greeable  to  reafbn,  than  that  which  was  gained  with  the  joynt  fa- 
culties,and  common  danger  of  the  Publick,(hould  not  be  alien' d  or 

difpos'd 


(  no  ) 

difpos'dof,  without  the  content  of  the  States  which  reprefent  rher 
Common-wealth  :  and  the  neceflity  of  this  Law  is  fuch,that  it  is  o 
force  amongffc  robbers  and  free-booters  themfelves.  He  which  fol- 
lows a  contrary  courfe,mufr.  needs  ruine  humane  fbciety.   And  al- 
though the  French  conquered  by  force  of  Arms,  the  Countreys  of 

1.2.&pjfitn.     Germany  and  Gaule,  yet  this  before  mentioned  right  remains  ftill 

C.  de  interd.      intire. 

Com.  rer.  die-       To  conclude,  we  muft  needs  refolve,  that  Kings  are  neither 

n*u  Proprietors,  n&t  Ufu-fru£ruaries  of   the  Royal  Patrimony  :  But 

only  AdminiftratOrs :  And  being  fb,  they  can  by  no  juft  right  at- 
tribute to  themfelves  the  propriety,  ufe,  or  profit  of  private  mens 
Eftates,  nor  with  as  little  reafbn  the  publick  Revenues,  which  are 
in  truth  only  the  Common- wealths. 

But  before  we  pais  any  further,  we  muft  here  refolve  adoubr. 
The  people  of  Ijrael  having  demanded  a  King,  the  Lord  faicl  to 
S  m  2  7  &c  ^amuc^'  hearken  unto  the  voice  of  the  people :  notwirhftanding, 
give  them  to  underftand  what  fhall  be  the  manner  of  the  King 
which  fhall  reign  over  them  :  he  will take  your fields,  your  vmeyards,your 
elive-  trees, to  furnijh  his  own  eccajions,  and  to  enrich  Itisfervants :  briefly, 
he  will  make  the  people  /laves.  One  would  hardly  believe  in  what 
eftimation  the  Courtiers  of  our  times  hold  this  Text,  when  of  all 
the  reft  of  the  holy  Scripture  they  make  but  a  jeft.  In  this  place  the 
Almighty  and  all  good  God,  would  manifefl  to  the  Israelites  their 
levity,  when  that  they  had  God  himfelf  even  prefent  with  them, 
who  upon  all  occafions  appointed  them  holy  Judges,  and  worthy 
Commanders  for  the  Wars,  would  notwithstanding  rather  fubjecl: 
themfelves  to  the  difbrdered  Commandments  of  a  vain  mutable 
man,  than  to  the  fecure  protection  of  the  Omnipotent  and  Im- 
mutable God.  He  declares  then  unto  them  in  what  a  flippery 
eftate  the  King  was  placed,  and  how  eafily  unruly  authority  fell 
into  difbrdered  violence,  and  Kingly  power  was  turned  into  ty- 
rannous wilfulnefs.  Seeing  the  King  that  he  gave  them,  would  by 
prepofterous  violence  draw  the  fword  of  authority  againft  them, 
and  fubjecl:  the  equity  of  the  Laws  to  his  own  unjuir.  defires :  and 
this  mifchief  which  they  wilfully  drew  on  themfelves,  they  would 
happily  repent  of ,w hen  it  would  not  be  ib  eafily  remedied.  Briefly, 
this  Text  doth  not  defcribe  the  right  of  Kings,  but  what  right  dicy 
are  accultomed  to  attribute  to  themfelves  :  not  what  by  the  privi- 
ledge  of  their  places  they  may  juftly  do  :  but  what  power  for  the 

fatisfying 


(ill ) 

latisfyingof  their  pwn  lufts,  they  unjuftly  ufurp.  This  will  mani- 
feftly  appear  from  the  17.  Chapter  of  Deuteronomy,  where  God 
appoints  a  law  for  Kings.  Here  fays  Samuel  the  Kjng  will  ufe  is 
Subject's  like  flaves  ?  there  God  forbids  the  King  to  lift  ha  heart  a- 
bove  his  brethren  ,  to  wit,  over  his  Subjetls,  whom  he  ought  not  to  infill  t 
over,  but  to  cherifh  as  his  kinfmen.  He  will  tmkg  Chariots,  levy  Horfi- 
meri,and  take  the  goods  of  private  men,  fays  Samuel :  on  the  contrary  Deut.  17.  * 
in  Deuteronomy,  he  is  exhorted  not  to  multiply  horje.-men,  nor  to  heap 
up  gold  and  fdver,  nor  caufe  the  people  to  return  into  iEgypt,  to  wit, 
into  bondage.  In  Samuel  we  fee  pictured  to  the  life  wicked  Ah  ah,  1  Kings  21.  * 
which  by  pernicious  means  gets  Nabotbs  Vineyard:  there  David,wlno 
held  it  noulawful  to  drink  that  water  which  was  purchafed  with  anL*3- 
the  danger  of  his  Subjects  lives.  Samuel  foretels  that  the  King  de- 
manded by  the  Israelites,  inftead  of  keeping  the  laws,  would  go- 
vern all  according  to  his  own  fanfie:  On  the  contrary,  God  com- 
mands that  his  Law  mould  by  the  Priefts  be  delivered  into  the 
hands  of  the  King,  to  copie  it  out,  and  to  have  it  continually  be- 
fore his  eyes.  Thererore  Samuel  being  High  Prieft,gave  to  Saul  the 
Royal  La'v  contained  in  r.he  1 7  th.  of  Deuteronomy,  written  into  a 
Book,  which  certainly  had  been  a  frivolous  a^f  if  the  King  were 
perniitred  to  break  it  at  his  pleafure.  Briefly  j  it  is  as  much  as  if 
Samuel  had  (aid.  You  have  diked  a  Kjxg  after  the  manner  of  other  Na- 
tions, the  moft  of  Whom  have  Tyrants  for  their  Governors ;  You  defire 
a  King  to  attribute  juftice  equally  amongft  you:but  many  of  them 
think  all  things  lawful  which  their  own  Appetites  fuggefts  unto 
them  ;  in  the  mean  feafon  you  willingly  (hake  «ff  the  Lord, 
whofe  only  will  is  equity  and  juftice  in  the  abftract. 

In  Heredotus  there  is  a  Hiftory  which  plainly  exprefles,  bow  apt  Herod.h  2. 
the  I{oyal  Government  is  to  degenerate  into  Tyranny,  whereof  Samuel  fb 
exactly  forewarns  the  people.  Deioct s  much  renowned  for  his  ju- 
ftice,was  fir  ft  chofen  Judge  amongft  the  Medes:  presently  after,  to 
the  end  he  might  the  better  reprefs  thofe  which  would  oppofe  ju- 
ftice,he  was  chofen  King,  and  invefted  with  convenient  authority, 
then  he  dented  a  guard,  after  a  Citadel  to  be  built  in  Ecbatana 
the  principal  City  of  the  Kingdom,  with  colour  to  fccure  him 
from  Confpiracies.  and  Machinations  of  Rebels ;  which  being  ef- 
fected, he  prefently  appiys  himfelf  to  revenge  the  leafl  difplea- 
lures  which  were  offered  him  with  the  greateft  punifhments. 

Finally,  ho  Alan  might  prefume  to  look  this  King  in  the  face, 

and 


( III ) 

and  to  Laugh  or  Cough  in  his  Prefence,was  punifhed  with  grievous 
Torments.  So  dangerous  a  thing  it  is,  to  put  into  the  hands  of  a 
weak  Mind  (as  all  mens  are  by  nature)  unlimited  Power.  Samuel 
therefore  teacheth  not  in  that  place,  that  the  Authority  of  a  King  is 
abfolute, ;  on  the  contrary,  he  difcreetly  admonifheth  the  People 
not  to  enthraul  their  Liberty  under  the  unneceflary  Yoak  of  a  weak 
and  unruly  Matter ;  he  doth  not  abfblutely  exclude  the  Royal  Au- 
?  thority,but  would  have  it  reftrain'd  within  its  own  limits ;  he  doth 

not  amplifie  the  Kings  Right  with  an  unbridled  and  licentious  Li- 
berty j  but  rather  tacitely  perfwades  to  put  a  Bit  into  his  Mouth.  , 
-It  feems  that  this  advice  of  Samuels  was  very  beneficial  to  the  Ifrae-. 
lites,  for  that  they  circumfpe&ly  moderated  the  Power  of  their 
Kings,  the  which,  moil  Nations  grown  wife,  either  By  the  expe- 
rience of  their  own,  or  their  Neighbours  Harms,  have  carefully 
looked  unto,  as  will  plainly  appear  by  that  which  follows. 
An  Alliance  We  have  {hewed  already,  that  in  the  eftablifhing  of  the  King, 

or  Covenant  there  were  two  Alliances  or  Covenants  contracted ;  the  firft  be- 
between  the  tween  God,  the  King,  and  the  People,  of  which  we  have  former- 
People1  C  ty  treaCed ;  the  fecond,  between  the  King  and  the  People,  of  which 
Deut.  17.       we  muft  now  (ay  fbmewhat.  After  that  Saul  was  eflablifhed  King, 

1  Sam.  10.  27.  the  Royal  Law  was  given  him,  according  to  which  he  ought  to 

2  Sam.  5.  3.     Govern.     David  made  a  Covenant  in  Hebron  before  the  Lord,   that  is 

to  fay,  taking  God  for  witnefs,  with  a"  the  Ancients  of  Ifrael,  which  re- 
1  Chron.  1 1 . 3 .  prefented  the  whole  body  of  the  People, and  even  then  he  was  made  King  Jo~ 
m  alfb  by  the  mouth  of  Johojada  the  High  Priefl,entred  into  Cove- 
2 Kins  11  17   nant  wit^  ^oe  w^e  People  of  the  Land  in  theHoufe  of  the  Lord:  And 
and  12."       when  the  Crown  was  let  on  his  Head,  together  with  it  was  the  Law 
2Chron.23.3.  of  the  Teflimony  put  into  his  Hand,  which  moll  expounds  to  be 
the  Law  of  God ;  likewife  Jofias  promifeth  to  obferve  and  keep  the 
1  Kings  23.3.  Commandment s,  Teflimonies  and  Statutes  comprised  in  the  Boof(_of  the 
Covenant :  under  which  words,  are  contained  all  which  belongs  to 
the  Duties  both  of  the  fii-fl  and  fecond  Table  of  the  Law  of  God. 
In  all  the  before  remembred  places  of  the  holy  Story,  it  is  ever 
laid,  that  a  Covenant  was  made  with  all  the  People,  with  all  the  Multi- 
tude, with  all  the  Elders,  with  all  the  Men  ofjuda  :  to  the  end  that  we 
might  know,as  it  is  alio  fully  cxprefled,  that  not  only  the  Principals 
of  the  Tribes,  but  alfo  all  the  Milleniers,  Centurions,  and  fubal- 
tern  Magiflratcs  mould  meet  together,  each  of  them  in  the  Name, 
And  for   their  Towns    and    Commtlnakies,  to   Covenant    and 

Contract 


r  113 ) 

Contrail:  with  the  King.  In  this  Aflembly  was  the  creating  of 
the  Ring  determined  of,  for  it  was  the  People  that  made  the 
King,  and  noc  the  King  the  People.      «^; 

It  is  certain  then,  that  the  People  by  way  of  ftipulation,  re- 
quire a  performance  of  Covenants,  the  King  promiles  it.  Now 
the  condition  of  a  Stipulator  is  in  terms  of  Law  more  worthy 
than  of  a  Promifer.The  People  asketh  the  King,whether  he  will 
govern  juftly  and  according  to  the  Laws  ?  He  promifeth  he  will.  — — 
Then  the  People  anfwereth,  and  not  before,  that  whilft  he  go- 
Terns  uprightly,  they  Will  obey  faithfully.  The  King  therefore 
promifeth  limply  and  abfblutely,  the  People  upon  condition  : 
the  which  failing  to  be  accomplifhed,  the  People  reft  accord- 
ing io  Equity  and  Reafbn,  quit  from  their  Promise. 

In  the  firft  Covenant  or  Contract,  there  is  only  an  Obligation 
to  piety  ;  in  the  (econd,  to  Juftice.In  that  the  King  promifeth  to 
ferve  God  religioufly  :  in  this,  to  rulellie  People  juftly.  By  the 
one  he  is  obliged  with  the  utmoft  of  his  Endeavors  to  procure 
the  Glory  of  God :  by  the  other,  the  profit  of  the  People.  In  the 
firft,  there  is  a  Condition  exprefled,If  thou  keep  my  Command- 
ments ;  in  the  (econd,  If  thou  diftribute  Juftke  equally  to  every 
man.God  is  the  proper  revenger  of  deficiency  in  the  former,and 
the  whole  People  the  lawful  punifher  of  delinquency  in  the  lat- 
tery the  Eftates,  the  reprefentative  Body  thereof,  who  have  a£ 
fumed  to  themfelves  the  protection  of  the  People-  This  hath 
been  always  pra&ifed  in  all  well- governed  Eftates  .Amongft 
the  Perfians,  after  the  due  performance  of  Holy  Rites,  they 
contracted  with  Cyrus  in  manner  following. 

ThoU)  O  Cyrus .'  in  the  firft  place,  fb<tltpr«mife'}  That  if  any  make  Zenophon  UK  * 
War  agamfl  the  Perfians,or  feel^to  infringe  thtLiberty  of  the  Laws, thou  8«  P**. 
wilt  with  the  utmoft  of  thy  popper    defend  and  proteU  this  CouUtry. 
Which  having  promifed,  they  prefently  add,   And  we  Per/Ions 
promife  to  be  aiding  to  keep  all  men  in  obedience,  whilft  thou  defendeft 
the  Country.  %enophon  calls  this  agreement,  A  Confederation,  as  alfb 
ijocrates  calls  that  which  he  writ  of  the  Duties  of  Subjects  to- 
wards their  Princes,  A  Difcourfe  of  ConfederationS\\t  alliance  or  Zenrph.  i* 
confederation  was  renewed  every  month  between  the  Kings,  ******  de  n^ 
and    Ephores  of  Sparta,  although  thofe  Kings  were  defcended 
from  the  line  of  Hercules.  And  as  thefe  Kings  did  folemnly  (wear 

Q.  to 


(  n4  ) 

to  govern  according  to  the  Laws,  fo  did  the  Ephores  alfo  to 
maintain  them  in  their  Authority,  whilft  they  performed  their 
promife.  Likewife  in  the  Roman  Kingdom,  there  was  an  Agree- 
ment between  Romulus  the  Senate,  and  the  People,  in  this  man- 
ner :  That  the  People  Jloould  ma\\e  Laws,  and  the  King  lool^  they  were 
J.  kept :  Tha  People  jloould  decree  War,  and  the  King  fhould  manage  it. 
Now  although  many  Emperors,  rather  by  Force  and  Ambition, 
than  by  any  lawful  right,  were  feas'd  of  the  Roman  Empire,  and 
by  that  which  they  call  a  Roy  al  Law,  attributed  to  themfelves 
an  abfblute  Authority,  notwithstanding  by  the  Fragments  which 
remain  both  in  Books,  and  in  Roman  In{criptions,of  that  Law,  it 
plainly  appears,  that  power  and  authority  was  granted  them  to 
to  preferve  and  govern  the  Common-wealth,  not  to  ruine  and 
opprefs  it  by  Tyranny.  Nay,  all  good  Emperors  have  ever 
profefled,  that  they  held  themselves  tied  to  the  Laws,  and  re- 
ceived the  Empire  from  the  Senate,  to  whofe  Determination 
they  always  referred  the  moft  important  Affairs,  and  efteemed 
if  a  great  Error,  without  their  Advice  to  refolve  on  the  Oc- 
cafions  of  the  publick  State. 

If  we  take  into  our  Confideration  the  Condition  of  the  Em- 
pires, Kingdoms  and  States  of  times,  there  is  not  any  of  them 
worthy  of  thofe  names,where  there  is  not  feme  fuch  Covenant  or 
Confederacy  between  the  People  and  the  Prince.  It  is  not  long 
(ince,that  in  the  Empire  of  Germany,  the  King  of  the  Romans  be- 
ing ready  to  be  crowned  Emperor,  was  bound  to  do  Homage, 
and  make  oath  of  Fealty  to  the  Empire,no  more  nor  lefs  than  as 
the  VafTal  is  bound  to  do  to  his  Lord  when  he  is  inverted  with 
his  Fee.  Although  the  form  of  the  Words  which  he  is  to  fwear, 
have  been  fbmewhat  altered  by  the  Popes,  yet  notwithftanding 
the  fubftance  ltill  remains  the  Time.  According  to  which  we 
Specul.Saxon.  know  that  Charles  the  Fifth,  of  the  Houfeof  Auftria,  was  under 
Ub.^Frtu.  54  certain  Conditions  chofen  Emperor,  as  in  the  fame  manner  his 
Succeflbrs  were,  the  Sum  of  which  was,  that  he  fhould  keep  the 
Laws  already  made,and  make  no  new  ones  without  the  confent 
of  the  Electors,  that  he  fhould  govern  the  publick  Affairs  by  the 
Advice  of  the  general  Eflates,nor  ingageany  thing  that  belongs 
to  the  Empire,  and  other  matters  which  are  particularly  recited 
by  the  Hiilorians.     When  the  Emperor  is  crowned  at  Aamf- 

grave, 


C  ii>  ) 

grave,  the  Arch-bifhop  of  Cnllcn  requires  of  him  in  the  firft  place,  Skyd.  lib.  2. 
If  he  will  maintain  the  Church,  if  he  will  diftribute  Juftice,if  he  ®  2' 
will  defend  the  Empire,  and  protecl;  Widows,  Orphans  and  all 
other  worthy  of  Compaflion  .-The  which,after  he  hath  fblemnly 
fworn  before  the  Altar,the  Princes  alfb  which  reprefent  the  Em- 
pire, are  asked  if  they  will  not  promife  the  fame;  neither  is  the 
Emperor  anointed,  nor  receives  the  other  Ornaments  of  the 
Empire,  before  he  have  firft  taken  that  folemn  Oath.  Whereupon 
it  follows,  that  the  Emperor  is  tied  absolutely,  and  the  Princes 
of  the  Empire,  under  condition.     That  the  fame  is  obferved  in 
the  Kingdom  of  Polonia,  no  man  will  make  qtaeftion,who  had 
but  ieen  or  heard  of  the  Ceremonies  and  Rites   wherewith 
Henry  of  Anjou  was  lately  chofen    and  crowned  King  of  that 
Country,  and  efpecially  then  when  the  Condition  of  maintain- 
ing of  the  two  Religions,  the  Reformed  and  the  lipman,  was 
demanded,  the  which  the  Lords  of  the  Kingdom  in    exprefs 
Terms  required  of  him  three  feveral  times,   and  he  as    often 
made  promife  to  perform.     The  fame  is  obferved  in  the  King- 
doms of  Bohemia,   Hungary,  and  others ;  the  which  we  omit 
to  relate  particularly,  to  avoid  Prolixity. 

Now  this  manner  of  Stipulation  is  not  only  received  in  thofe 
Kingdoms  where  the  right  of  Election  is  yet  entirely  obferved  , 
but  even  in  thofe  alfb  which  are  efteemed  to  be  fimply  heredita- 
ry. When  the  King  of  France  is  crowned,  the  Bifhops  of  Lam 
and  Beauvots,  Ecclefiaftical  Peers,  ask  all  the  People  there  pre- 
fent,whether  they  defire  and  command,that  he  which  is  there  be- 
fore them,  (hall  be  their  King?  Whereupon  he  is  faid  even  then 
in  the  Stile  of  the  Inauguration, to  be  chofen  by  the  People :  and 
when  they  have  given  the  fign  of  contenting,  then  the  King 
fwears  that  he  will  maintain  all  the  Rights,  Priviledges,  and 
Laws  of  France  universally,  that  he  will  not  aliene  the  Demean, 
and  the  other  Articles,which  have  been  yet  fo  changed  and  acco- 
modated to  bad  intentions,as  they  differ  greatly  fr  jm  that  Copy 
which  remains  in  the  Library  of  the  Chapter  of  Beauvois, accord- 
ing to  which  it  is  recorded,  that  King  Philip,  the  firft  of  that 
Name,  took  his  Oath  at  his  Coronation  ;  yet  notwithstanding, 
they  are  not  unfitly  expreffcd .-  Neither  is  he  girded  with  the 
Sword,  nor  anointed,  nor  crowned  by  the  Peers  f  who  at  that 

Q_  x  time 


C  tit  ) 

time  wear  Coronets  on  their  Heads)  nor  receives  the  Scepter 
and  Rod  of  Juftice,  nor  is  proclaimed  King,  before  firft  the 
People  have  commanded  it .-  neirher  do  the  Peers  take  their 
Oaths  of  Allegiance  before  he  have  iirft  (olemnly  fworn  to 
keep  the  Laws  carefully. 

And  thofe  be,  that  he  fhall  not  waft  rhe  publick  Revenue, 
that  he  fhall  not  of  his  own  proper  Authoriry,impofe  any  Taxes, 
Cuftoms,  or  Tributes  :  That  he  lhall  nor.  make  Peace  or  War, 
nor  determine  of  State  Affairs  without  the  advice  of  the  Coun- 
cil of  State.  Briefly,  that  he  fh ould  leave  to  the  Parliament,  to 
the  States,  and  to  the  Officers  of  the  K'n^dom,  their  Authority 
intire,  and  all  thirags  clfe  which  have  been  ufually  oblerved  in 
the  Kingdom  of  France.  And  when  he  rirft  enters  any  Ciuy  or 
Province,  he  is  bound  to  confirm  their  Priviledges,  and  fweara 
to  maintain  their  Laws  and  Cuftoms.  This  is  ftraightly  oblerved 
in  the  Cities  of  Tboloufe  and  RocM,  and  in  the  Countrevs  of 
Daulfiny,  Province  and  Britain :  The  which  Towns  and  Provin- 
ces have  their  particular  and  exprefs  Covenants  and  Agree- 
ments with  the  Kings,  which  mull  needs  be  void,  it  the  con- 
dition exprcfled  in  the  Contract  be  not  of  force,  nor  the 
Kings  tied  to  the  performance. 
In  Ann*},  Sur.  There  is  the  Form  of  the  Oath,  of  the  ancient  Kings  of 
gmi.  Burgundy,  yet  extant  in  thefe  Words  :  I  will  froteft  all  men  in 

their  Rights,  according  to  Law  and  Juftice. 

In  England,  Scotland,  Sttedcn  and  Dentnarl^,  there  is  almoft  the 

fame  Cuftom  as    in  France  ;  but  in    no  place  there  is  uled  a 

more  difcreet  care  in  their  manner  of  proceeding,  than  in  Spain. 

For  in  the  Kingdom  of  Arragon,  after  the  Enilhing    of  many 

Ceremonies,  which   are  ufed  between  him,  which  reprelcnts 

the  Juftitia  major  of  Arragon,  which  comprehends  the  Majelfy 

Nes  qui  vale*    of  the  Common- wealth,  feated    in    a  higher  Seat,  and    the 

mos  tamo  co~      King,  which  is  to  be  crowned,  who  fwears  Fealty,  and  does 

mo  vos,  y  pt-    ^  Homage ;    and  having  read  the  Laws  and  Conditions,  to 

vis vos  eleii-  tne  Accomplishment  whereof  he  is  fworn. 

mo*  kio  con  e.      Finally,  the  Lords  of  the  Kingdom  ufe    to  the  King  thefe 

fits  cyefl as      Words  in  the  vulgar  Language,as  is  before  exprefled, /><«£.  60. 

cmdixiones,  en-  ^  w/:!:i:)  are  as  mucj3  Wortij  as  y0U4)  an4  lmve  more  pomCr  than  you, 

uncus  mondl*  clj"fe  Jou  *^n&  u^m  fbefe  m*  tl)efe  Con<^tionh  An^  f^erc  **  mc  *■" 
was  (tits  vos,  tween 


(■'7  ) 
ttrecn you  and  us,  which  commands  over  ytu.  13ut  leafr.  the  King 
fhould  think  he  (wore  only  for  falhion  (ike,  and  to  obferve 
an  old  Cuitom,  every  third  year  in  full  aflembly  of  the  Eftates, 
the  very  fame  words,  and  in  the  lame  manner  arc  repeated 
unto  him. 

And  if  under  pretext  of  his  Royal  Dignity  he  become  inlblenr, 
violating  the  Laws,  and  neglect,  his  publick  Faith  and  promife 
given,  then  by  the  priviledge  of  the  Kingdom,  he  is  judged, 
excommunicated,  as  execrable  as  Julian  the  Apoftate  was  by 
the  Primitive  Church :  which  excommunication  is  efteemed  of 
that  validity,  that  inftead  of  praying  for  the  King  in  their  pub- 
lick  Orations,  they  pfay  againfr.  him,  and  the  fubjecb  are  by 
the  fame  right  acquit  from  their  Oath  of  Allegiance  :  as  the 
Vaffal  is  exempted  from  obedience  and  obligation  by  oath  to 
his  Lord  which  (lands  excommunicated  ;  the  which  hath  been 
determined  and  confirmed  both  by  Act  of  Counftl  and  Decree  In  Concil.  14. 
of  State  in  the  Kingdom  of  Arragon.  kt.$.c.  74.  # 

In  like  manner.iu  the  Kimdom-oi Cajlile  in  full  affembly  of  the  *  ±°.  /,-*•- 
LltateSjthe  King  being  ready  to  be  Crowned,^  hrlt  m  the  prelence  fc$,  1, 
of  all  advert  ifed  of  his  duty :  and  even  then  are  read  the  Articles 
difcreetly  composed  for  the  good  of  the  Common- wealth,  the 
King  (wears  he  will  observe  and  keep  them  carefully  and  faith- 
fully ;  which  being  done,  then  the  Conflable  takes  his  Oath,  of  Al- 
legiance, after  the  Princes  and  Deputies  for  the  Towns  (wear 
each  of  them  in  their  order  \  and  die  lame  is  obferved  in  the  King- 
doms" of  Portugal,  Leon,  and  the  relf.  of  Spain.  The  lefler  Prin- 
cipalities have  their  Inftitution  grounded  on  the  lame  right. 
The  Centralis  which  the  Brabancenzvid.  the  reft  of  the  Netherland-  Ll  foy!Ur€ 
*r.j,together  with  thole  of  Aujlna,Carinthia,  and  others,  had  with  eatree» 
their  Princes,  were  always  conditional.  But  efpecially  the  Bra- 
bancers,  to  take  away  all  occafion  of  difpute,  have  this  exprefs 
condition:  which  is  {hat  in  the  receiving- of  their  Duke ihere  is 
read  in  his  prefence  the  ancient  Articles,  wherein  is  comprized 
that  which  is  requilite  for  the  publick  good  jand  thereunto  is  al(o 
added,  that  ir  he  do  not  exactly  and  precifely  oblerve  them,  they 
may  choofe  what  other  Lord  it  fhall  (eem  good  unto  them  ;  the 
which  they  do  in  exprefs  wordi  proteft  unto  him.  He  having 
allowed  and  accepted  of  tbe(e  Ar  tides, do:h.  in  that  publick.  AJftm- 
hly  promife  and  (olemnly  (wear  to  keep  them.  The  which  way 

ob~ 


(  ii8  ) 

Zudovtcus,       obferved  in  the  Reception  of  Philip  the  (ccond.  King  of  Spain. 
GuiccixrL  in    gr;eflys  there   is  not   any  man  can  deny,  but  that  there  is  a 
sit"*1*'    £  '    Contract  mutually  obligatory  between  the  King  and  the  Sub- 
jects, which  requires  the  People  to  Obey  faithfully,  and  the 
„_   King  to  Govern  lawfully,  for  the  performance   whereof  the 
King  (wears  firft,  and'  after  the  People. 

I  would  ask  here,  wherefore  a  man  doth  (wear,  if  it  be  not  to 
declare,that  what  he  delivers,he  fmcerely  intends  from  his  Heart  ? 
Can  any  thing  be  judged  more  near  to  the  Law  of  nature,than  to 
©bfervethat  which  we  approve  ?  Furthermore,  what  is  the  reafon 
L.  i.  D.  Ac,     the  King  (wears  firft,and  at  the  Inftance,and  required  by  the  Peo- 
patt.  U  nen       ^-/^but  to  accept  a  condition  either  tacite  or  expreffed?  Wherefore 
D  de  tranfaft.  1S  tnere  a  condition  oppofed  to  the  Contra£l:,if  it  be  not  that  in 
failing  to  perform  the  condition,the  C9ntract,according  to  Law, 
remains  void?    And  if  for  want  of  (atisfying  the  Condition  by 
right,the  contract:  is  of  no  force :  who  (hall  dare  to  call  that  Peo- 
ple perjured,  which  refuleth  to  obey  a  King  which  makes  no  ac- 
count of  his  Promife  ft/hick  he  might  and  ought  to  have  kept,and 
wilfully  breaks  thofe  Laws  which  he  did  (wear  to  obierve  ?  On 
the  contrary,  may  we  not  rather  efteem  fuch  a  King  perfidious, 
Lib.  2.  fudor.  perjured,and  unworthy  of  his  Place?  For  if  the  Law  free  the  Va£ 
tit.26.SeB.24.  (al  from  his  Lord,who  dealt  fellonioufly  with  him,  although  that 
££  tit.  47.         to  (peak  properly,the  Lord  fweareth  not  Fealty  to  his  Vaflal,but 
Dionyf Malic    fe  t0  njni :  jf  tnQ  Law  0f  the  twelve  Tables  doth  deteft  &  hold  in 
execration  the  Protector  that  defraudeth  him  that  is  under  his 
tuition :  if  the  civil  Law  permit  an  infranchi(ed  Servant  to  bring 
his  Action  againft  his  Patron,for  any  grievous  u(age:if  in  (uch  ca- 
fes the  (ameLaw  delivers  theSlave  from  the  power  of  his  Mafter, 
although  the  Obligation  be  natural  only,  and  not  civil  .•  is  it  not 
much  more  rea(6nable  that  the  People  be  looted  from  that  Oath  of 
Allegiance  which  they  have  taken,  if  the  KJng  (who  may  be  not 
unfitly  re(embled  by  an  Atturny,  (worn  to  look  to  his  Clients 
Caufe)  firft  break  his  Oath  (blemnly  taked  ?  And  what  if  all  thefe 
Ceremonies,  (blemn  Oaths,  nay,  (acramental  Promifes  had  never 
been  taken  ?  Doth  not  Nature  her  (elf  (urhciently  teach,that^«*gj 
were  on  this  condition  ordained  by  the  People,  that  they  fhould 
govern  well  •  Judgcs,that  they  (hould  diftribute  Juftice  uprightly  j 
Captains  in  the  War,  that  they  fhould  lead  their  Armies  againft 
■— .     theirEnemies?lf  on  the  contrary, they  themfelves  forrage  and  (poil 

their 


(  H9  ) 
their  Subjects,  and  inftead  of  Governors  become  Enemies,as  they 
leave  Indeed  the  true  and  erTential  qualities  of  a  King,  fb  neither 
ought  the  people  to  acknowledge  them  for  lawful  Princes.     But  CicJr.'i.Of 
what  if  a  people  (you  will  reply)  fubdued  by  force,  be  c<    i 
by  the  King  to  take  an  Oath  of  Servitude  ?  And  what  ii  a  rob! 
pirate,  or  tyrant,  (I  will  anfwcrj  with  whom  no  bond  of  human 
Society  can  be  effectual,  holding  his  Dagger  to  your  Throat,  con  • 
ilrain  you  prefently  to  become  bound  in  a  great  lum  of  money  ? 
Is  it  not  an  unquejlienable  Maxim  in  L<«%  that  a  Promile  exact- 
ed by  viole nee  cannot  bind  ?  efpecially  if  any  thing  be  promifed 
againft  common  reafon,  or  the  Law  of  nature  ?  Is  there  any  thing 
more  repugnant  to  nature  and  reafbn,than  that  a  people  mould 
mamcle  and  fetter  themfelves ;  and  to  be  obliged  by  promife  to  the 
Prince,  with  their  own  hands  and  weapons  to  be  their  own  cxecu~ 
t toner sYTherc  is  therefore  a  mutual  obligation  between  the  King 
and  the  people,  which  whether  it  be  civil  or  natural  only,  whether 
tacit,  or  expreffed  in  words,  it  cannot  by  any  means  be  annihila- 
ted, or  by  any  Law  be  abrogated,  much  left  by  force  made  void. 
And  this  obligatien  is  of  fuch  power,  that  the  Prince  which  wil- 
fully violates  it3  is  a  Tyrant  :  And  the  People  which  purpofely 
breaks  it,  may  be  juftly  termed  feditious. 

Hitherto  we  have  treated  of  a  King,  it  now  refts  we  do  fome-  ^», 
what  more  fully  defcribe  a  Tyrant.  We  have  fhewed  that  he  is  a  jy  ^c  cajjeci  ..'" 
Kjng,  which  lawfully  governs  a  Kingdom,  either  derived  to  him  Tyrants  ? 
by  Succejfion,  or  committed  to  him  by,  Eletlion.    It  follows  there- 
fore that  he  is  reputed  a  Tyrant, which  as  oppofite  to  a  Kingye\thcr  Arifto.lib.<. 
gains  a  Kingdom  by  violence,  or  indirect  means,  or  being  inve-  polit.c. 10. 
fred  therewith  by  lawful  election,  or  fuccejfwn,  governs  it  not  ac- 
cording to  law  and  equity,  or  negle&s  thofe  centralis  and  agree-  Bartoh  in  trail. 
mentsj.o  the  obfervation  whereof  he  was  ftrictly  obliged  at  his  de  tyunnide* 
reception.  All  which  may  very  well  occurr  in  one  and  the  fame 
peribn.The  firft  is  commonly  called  a  Tyrant  withoutTitle:  the  fe- 
cond  a  Tyrant  by  praclife.  Now  it  may  well  fo  come  to  pafs,  that 
he  which  poflefleth  himfelf  of  a  Kingdom  by  force,  to  govern 
juftly,  and  he  on  whom  it  defcends  by  a  lawful  Title, to  rule  un- 
juftly.  But  for  fo  much  as  a  Kingdom  is  rather  a  right  than  an  in-  * 

heritance,  and  an  office  than  a  pojfejjion :  he  feems  rather  worthy 
the  name  of  a  Tyrant,  which  unworthily  acquits  himlelf  of  his 
charge,than  he  which  entered  into  his  place  by  a  wrtng  door.     In 

the 


(  no  ) 
*hc  (ame/?«ce  Is  thePa/»?call'd  an  intruder  which  enter'd  by  indirect: 
means  inro  the  papacy  :  and  he  an  abufcr  which  governs  ;//  in  it. 
Pythagoras  (ays,  That  a  worthy  firanger  i  stake  prefer/ d  before  an 
unworthy  Citizen,  yea,  though  he  be  a  i\infman.  Let  it  be  lawful 
alfb  for  us  to  (ay,  that  a  Prince  which  gained  his  Principality 
by  indirect  courles,  provided  he  govern  according  to  law,  and 
adminifter  Juflice  equally,  is  much  to  be  preferred  before  him  : 
which  carrieth  himfelf  tyranou.fly,  although  he  were  legally 
inverted  into  his  Government  with  all  the  Ceremonies  and 
Hites  thereunto  appertaining. 

•For  (eeing  that  Kings  Were  inftitutcd  to  feed,  to  judge,  to 
cure  the  Difeafes  of  the  people  :  Certainly  I  had  rather  that  a 
Thief  mould  feed  me,  than  a  Shepheard  devour  me  .-  I  had 
rather  receive  juftice  from  a  Robber,  than  out-rage  from  a 
Judge  ••  I  had  better  be  healed  by  an  Empirick,  than  poyfoned 
by  a  Doctor  in  Phy(Iek.~lt  were  much  more  profitable  for  me 
to  have  my  Eftate  carefully  managed  by  an  intruding  Guardian, 
than  to  have  it  wafted  and  didipated  by  one  legally  appointed. 

And  although  it  may  be  that  ambition  was  his  firft  (blicitor,to 
enter  violently  into  the  Government,  yet  may  it  perhaps  appear 
unbius'ln  A-  ^e  z^e^€^  ll  ™ther  to  give  teftimony  of  his  equity  and  mo- 
lexsnd.  in  J£-    deration  in  governing,  witncls  Cirus,  Alexander,  and  the  Hg- 
tKi!ic<t,Caftire.  mans,  which  ordinarily  accorded  to  tho(e  people  theyfubdued, 
livius,lib.i.    permiflion  to  govern  themfelves  according  to  their  own  Laws, 
SjistoaiHs  tn     Cuftoms,  and  Priviledges,  yea,  (bmetimes  incorporated  them 
r  ,c'7»'     into  the  body  of  their  own  ftate:  on  thecontrary,  the  Tyrant 
by  practice  (eems  to  extend  the  priviledge  of  his  legal  fucceflion, 
the  better  to  execute  violence  and  extortion,  as  may  be  (een  in 
thefe  days,  not  only  by  the  examples  of  the  Turks  and  Mufio- 
vites,  but  al(b  in  divers  Chriftian  Princes:  therefore  the  act  of 
one  which  at  the  firfr.  was  ill,  is  in  fbme  reafonable  time  recti- 
fied by  juflice:  whereas  the  other  like  an  inveterate  Di(ea(e,the 
elder  it  grows,  the  worfe  it  affects  the  Patient. 
Auguft.  in  Ub.        j^[ow  jf  according  to  the  faying  of  Saint  Auguftsnejhofe  King- 
Sf**"    mw*    doms  where  Juftice  hath  no  place,  are  but  a  rapfbdy  of  free- 
booters ;  they  are  in  that,  both  the  Tyrant  without  title,  and 
he  by  pradtife  alike,  for  that  they  are  both  Thieves,  both  Rob- 
bers, and  both  unjuft:  pofieflbrs,  as  he  certainly  is  no  lels  an 
unjuft  detainer  which  takes  another  Mans  Goods  againft  the 

Owners 


(  rii  ) 

Qwers  will,  than  he.  which  employs  it  ill  when  it  was  taken 
before. 

But  the  fault  is  without  comparifbn,  much  more  greater  of 
him  which  poileneth  an  eftate  for  to  ruine  it,  than  of  the  other 
which  made  himfcif  Mailer  of  it  to  preferve  it. 

Briefly,  the  Tyrant  by  pra£Hfe  vainly  colouring  his  un- 
juif  extortions  \*  ith  the  juftice  of  his  Title,is  much  more  blamc,- 
able  than  the  Tyrant  without  Title,  who  recomnenceth  the 
rictence  of  hi?  rirft  intrufion  in  a  continued  courie  of  a  legal 
and  upright  Government. 

But  to  .proceed,  there  may  be  obferved  fome  difference  a-  Tyrants  with- 
mongft  Tyrants  without  Title  :  for  there  are  fome  which  am-  out  1 ltIe* 
bitioully  Invade  their  neighbours  Countries,  to  enlarge  their 
own,  as  Nimrod,  Minus,  and  the  Canaatrites  have  done.  Al- 
though fuch  are  term'd  Kings  by  their  own  people,  yet  to 
thofe  on  whofe  confines  they  have  encroached  without  any  juit 
right,  or  occafion,  they  will  be  accounted  Tyrants.    ■ 

There  be  others  which  having  attained  to  the  government  of 
an  elective  Kingdom,  that  endeavour  by  deceitful  means,  by 
corruption,-  by  prefent,  and  other  bad  practJfes,  to  make  it  be- 
come hereditary.  For  witnefs  whereof,  we  need  not  make 
fearch  into  elder  times ;  thefe  are  worfe  than  the  former,  for  fb 
much  as  {ecret  fraud,  as  Cicero  faith,  is  evermore  odious  than  of  en 
force. 

There  be  alfo  others  which  are  fo  horribly  wicked,that  they 
feek  to  enthral  their  own  native  Countrey  like  the  viperous 
brood  which  gnaw  through  theentralsof  their  Mother:  as  be 
tl  £>it  Generals  of  Armies  created  by  the  People,  who  afterwards 
by  the  means  of  thofe  forces  make  themfelves  mailers  of  the 
Stage,  as  Cajar  at  Rome  under  pretence  of  the  Dictatorship,  and 
divers  Princes  or  Italy. 

There  be  women  alfb  which  intrude  themfelves  into  the  Go- 
vernment of  thofe  Kingdoms  which  the  Laws  only  permjc  to 
the  Males,and  make  themfelves  Queens  and  Regents,  as  Atbalia 
did  in  Judab,  Semiramis  in  Ajfiria,  Agripina  in  the  Jfyman  Empire  -  *^». 
in  the  Reign  of  her  Son  Nerg,  Mammea  in  Alexander  Severus  his 
lirne^Seminmira  in  Heliogabakus  j  and  certain  Brunicbildes  in  the 
Kingdom  of  France^who  Co  educated  their  Sons[as  the  Queens  of 
thehoufe  of  Medkis  in  thefe  latter  times]  during  their  minority, 

R  that 


(  *•*■*■  ) 

that  attaining  to  more*maturity,their  only  care  was  to  glut  them-: 
lei ves  in  pleafu res  and  delights:  lb  that  the  whole  management: 
of  affairs  rcmain'd  in  the  hands  of  their  Mothers,  or  of  their 
Minions,Servaivs  and  Officers.  Thofe  alfb  are  Ty  rants  without 
Title, who  taking  advantage  of  the  floath,weaknels,and  diflblute 
courfes  of  thofe  Princes  which  are  otherwifc*  lawfully  inftitu- 
ted,  and  Seeking  to  enwrap  them  in  a  Sleepy  dream  of  voluptu- 
ous idleness  (as  under  the  French  Kings,  especially  thole  of  the 
Merovingian  line,  Some  of  the  Mayors  of  the  Palace  have  been 
advanced  to  that  dignity  for  Such  egregious  (erviccs)transferring 
into  their  own  command  all  the  Royal  Authoriry,  and  leaving 
the  King  only  the  bare  Name.  All  which  Tyrants  are  certainly 
of  this  condition,  that  if  for  the  manner  of  their  Goverment 
they  are  not  blameable  r  Yet  for  So  much  as  they  entered  into 
that  jurisdiction  by  tyrannous  intrufion,  they  may  juftiy  be 
termed  Tyrants  without  Title. 
Tyrants  by  Concerning  Tyrants  by  pra£fr'fe,  it  is  not  fb  eafie  to  deScribe 

practife.  '  tr]em  as  true  Kings.  For  reaSbn  rules  the  one,  and  (elf- will  the 
other :  the  firft  prescribes  bounds  to  his  affections,  the  fecond 
confines  his  deSires  within  no  limits,  what  is  the  proper  Rights 
of  Kings  may  be  eafily  declared,but  the  outragious  infolences 
of  Tyrants  cannot  without  much  difficulty  be  expreSs'd.  And 
as  a  right  angle  is  uniform,  and  like  to  it  (elf  one  and  the  fame  : 
fb  an  oblique  diversifies  it  Self  into  various  and  Sundry  Species  : 
In  like  manner  is  juftice  and  equity  fimple,  and  may  be  deci- 
phered in  few  words:  but  juftice  and  injury  are  divers,  and  for 
their  Sundry  accidents  not  to  be  fb  eafily  defined  ;  but  that  more 
will  be  omitted  then  exprefs'd.  Now  although  there  be  certain 
rules  by  which  thefe  Tyrants  may  be  represented  (though  not 
abfblutely  to  the  life:)yet  notwithstanding  there  is  not  anyLmore 
certain  than  by  conferring  and  comparing  a  Tyrants  fraudu- 
lent Sleights  with  a  Kings  vertuous  actions. 

A  Tyrant  lops  oft  thofe  Ears  which  grow  higher  then  the 
reft  of  the  Corn,  especially  where  Vertue  make  them  moft  con- 
ipicuouSly  eminent,  oppreSTeth  by  calumnies,  and  fraudulent 
practises,  the  principal  Officers  of  the  State,  gives  out  reports 
of  intended  conspiracies  againft  himfelf,  that  he  might  have 
Some  colourable  pretext  to  cut  them  off,witneSs  Tiberius^Maximi- 
nius,  and  others,  which  Spared  not  their  own  Kinfman,Coulins, 
and  Brothers. 

The 


( 'ni  ) 

The  King  ^n  the  contrary  doth  not  only  acknowledge,  hio 
brothers  to  be.  as  it  were  conforts  unto  him  in  the  Empire::  But 
alfb  holds  in  the  place  of  brothers  all  the  principal  Officers  of 
the  Kingdom,  and  is  not  afhamed  to  confeis-  that  of  them  ( in- 
quality  as  deputed  from  the  general  Eftates)  he  holds  the  Crown. 
The  Tyrant  ad vanceth  above  and  in  oppofition  to  the  ancient 
and  worthy  Nobility,  mean  and  unworthy  perfons  ;  to  the  end' 
that  thefebaie  fciiov.s  being  absolutely  his  creatures,  might  ap- 
plaud and  apply  themfelves  to  the  fulfilling  of  all  his  loofe  and 
unruly  defires.  The  King  maintains  every  man  in  his  Rank,  ho- 
nours and  refpe&s  the  Grandees  as  the  Kingdoms  friends,  deli- 
ring  their  good  asweH  as  his  own. 

The  Tyrant  hates  and  fufpects  dilcreet  and  wi(emen,and  fears 
no  oppohtion  more  than  venue,  as  being  confeious  of  his  own 
vinous  courfes,  and  efteercing  his  own  Security  to  confift  prin- 
cipally in  a  general  corruption  of  all  eftates,  introduceth  mul- 
tiplicity of  Taverns,  Gaming-houfes,  Masks,  Stage -plays,  Bro- 
thel-houfes ,  and  all  other  licentious  fuperfluities,  that  might' 
effeminate  and  baftardize  noble  Spirits,  as  Cyrus  did,  to  wea- 
ken and  fubdue  the  Sardiens  ;  The  King  en  the  contrary  allu- 
rethfrom  all  places  honeft  and  able  men,  and  encouiageth  them 
by  Penfions  and  Honours ;  and  for  Seminaries  of  vertue,  erects 
Schools  and  Univerfities  in  all  convenient  places. 

A  Tyrant  as  much  as  in  him  lies,  piohibites  or  avoids  all  pub-  Muchuvil  in 
lick  Aflemblies,  fears  Parliaments,  Diets  and  meetings  of  the  ge-  principe. 
neral  Eftates,  flies   the  light,  affe&ing  ( like  the  Bat )  to  con- 
verfe  only  in  darkneil  ;  yea,  he  is  jealous  of  the  very  gefture, 
countenance,  and  difcourle  of  his  Subjects.  The  King  becaufe 
he  converts  always  as  in  the  presence  of  Men  and  Angels,  glo-  ^/yj.  ub.  <i, 
ries  in  the  multitude,  and  fufficiency  of  his  Councellors,  efteem-  c  ii.po/ir. 
ing  nothing   well  done  which  is. ordered  without  their  advice, 
and  is  lb  far  from  doubting  or  diftafting  tHe  publick  meeting 
of  the  general  Eftates,  as  he  honours  and  rdpe&s  thofc  Aflem- 
blies with  much  favour  and  affection. 

A  Tyrant  nouriflieth  and  feedeth  factions  and  diiTentions  a- 
mongft  his  Subjects,  ruias  one  by  the  help  of  another,  that  he 
may  theeafier  vanquifh  the  remainder,  advantaging  himfelf  by 
this  divifion,  like  thofe  difnoneft  Surgeons  which  iengchen  out 
their  cures.  Briefly,  after  the  manner  of  that  abominable  Vitdli- 
nsy  he  is  not  afhamed  to  fay,  that  the  Carkafs  of  a  dead  Enemy, 

R  2.  specially 


(  i^4  ) 

erpecially  a  Subjects,  yields  a  good  favour.  On  the  contrary,  a 
good  King  endeavours  always  to  keep  Peace"  amongft  his  Sub- 
jects, as  a  father  amongft  his  children,  choak  the  feeds  of  trou- 
bles,and  quickly  heals  the  Scar  ;  the  execution  even  of  juftice 
upon  Rebels,  drawing  tears  from  his  compoflionate  eyes;  yea, 
thofe  whom  a  good  King  maintains  and  defends  againft  a  forrain 
enemy,  a  tyrant  (the  enemy  of  nature/  compels  them  to  turn  the 
points  of  their  Swords  unto  their  own  proper  intrals.  A  tyrant 
fils  his  Garrifons  with  ftrange  Soldiers,  builds  Cittadels  againft 
his  Subjects,  difarms  the  people,  throws  dowp  their  Forts,  makes 
himfelf  formidable   with  guards  of  ftrangers,  or  men  only  fie 
for  pillage  and  fpoyl,  gives  Pennons  out  of  the  publick  Trealu- 
.  .  ...  ry  to  fpies  and  calumniating  informers,  difperft  through  all  Ci- 

ry% '  f  fiaiic  t'es  an    Provmces-  Contrariwife,  a  King  repofeth  more  his  fafe- 
j.  <.  icArunu  ty  m  lbe  love  of  his  Subjects,than  in  the  ftrength  of  his  Fortrefles 
filio  porfenna.  againft  his  enemies,  taking  no  care  to  inroll  Soldiers,  but  accounts 
every  Subject  as.  a  Man  at  Arms  to  guard  him,  and~builds  Forts 
to   reftrain  the  irruptions  of  forrain   enemies,  and  not  to  con- 
ftrain  his  Subjects  to  obedience,  in  whofe  fidelity  he  putteth  his 
greatest  confidence.  Therefore  it  is  that  tyrants,  although  they 
-  Prov.  14*  28.  jiaye  ^^  numberle£s  guards  about  them  to  drive  oft  throngs  of 
people  from  approaching  them,  yet  cannot  all  thofe  numbers  fe- 
cure  them  from  doubts-, jealoufies  and  diftrufts,  which  continu- 
ally afflict  and  terrifie  their  timerous  conferences :  yea  in  the  mid- 
deft  of  their  greateft  ftrength,  the  Tyrannizer  of  Tyrants,Fear, 
.  •'"    n  maketh  prize  of  their  Souls,  and  there  triumphs  in  their  affliction. 
fcw'&nnik.      &  good  King  in  the  greateft  concourfe  of  people,  is  freeft  from 
doubts  or  fears,nor  troubled  with  fbllkirous  diftrufts  in  his  fbllita- 
ry  retirements,  all  places  are  equally  fecure  unto  him,  his  own 
conference  being  his  beft  guard.    If  a  tyrant  want  civil  broyls 
to  exercife  his  cruel  difpofition  in,  he  makes  Wars  abroad ;  e- 
rects  idle  and  needlefs  Tropheesto  continually  imploy  his  tribu- 
taries, that  they  might  want  leifure  to  think  on  other  things,  as 
j&gid.RomJe    pf}araob  did  the  Jews^  and  Poltcrate*  the  Samians ,  therefore  he  al- 
reg.  prin .         ways  prepares  for,  or  threatens  War,or  at  leaft  feems  fo  to  doe,. 
*       _     and  fbftill  rather  draws  mifchief  on,than  puts  it  further  oft*. AKing 
C'cer°  de  °i~    never  makes  war,but  compelTd  unto  it,and  for  the  prefervation  of 
the  publick  3  he  never  defires  to  purchafe  advantage  by  treafua,he 
never  entreth  into  any  War  that  expofeth  the  Commonwealth 
to  more  clanger  than  it  aftordeth  probable  hope  of  commodity. 

A 


r  us  *> 

A  Tyrant  leaves  no  defign  unattempred  by  which  he  may 
fleece  his  Subjects  of  their  fubftance,  and  turn  ic  to  his  prop  er 
benefit,  that  being  continually  troubled  in  gaining  means  to  liv  e, 
they  may  have  nolnfare  no  hope  how  to  regain  their  liberty .- 
On  the  contrary,  the  King  knoxs  that  every  good  Subjects  purfe 
will  be  ready  to  fjpply  the  Commonwealths  occaiion,  and  there- 
fore believes  he  is  pofieftof  no  fmall  treafure,  whilfr.  through  his 
good  Government  his  Subjects  flow  in  all  abundance. 

A  Tyrant  extorts  unjuftiy  from  many  to  caff  prodigally  upon 
two  or  three  Minions,  and  thefe  unworthy  ;  he  impofeth  on  all  : 
and  exacteth  from  all,  to  furnifh  their  fuperfluous  and  riotous  ex- 
pences;  he  builds  his  own,  and  followers  fortunes  on  the  ruins  of 
the  publick  :  he  draws  out  the  peoples  blood,  by  the  Veins  of  their 
means,  and  o-'ives  it  prefently  to  carouie  to  his  Court-leeches.  But 
a  Kino-  cuts  off  from  his  ordinary  expences,  to  eafe  the  peoples 
neceflities,  neglecteth  his  private  ftate,  and  furnifheth  with  all 
magnificence  the  publiek  occafions ;  briefly  is  prodigal  of  his  own 
blood,  to  defend  and  maintain  the  people  committed  to  his  care. 

If  a  Tyrant  as  heretofore  Tiberius,Kero,Commcdus  and  others,  . 
did  fuffer  his  Subjects  to  have  fome  breathing  time  from  unrea- 
sonable exactions,  and  likeSpunges  to  gather  (ome  moifture,  it  is 
but  to  fqueeze  them  out  afterwards  to  his  own  ufe  :  on  the  con- 
trary, if  a  King  do  fbmetimes  open  a  vein,  and  draw  fbme  blood, 
it  is  for  the  peoples  good,  and  not  to.  be  expended  at  his  own 
pleasure  in  any  diflblute  courts.  And  therefore  as  the  holy  Scri- 
pture compares  the  one  to  a  Sbepberdfo  doth  it  alfo  refemble  the  pr0v.  8.  i*. 
other  to  a  roaring  Lyon,zo  whom  notwithstanding  the  Fox  is  of-  cig^  ^  Q„ 
tentimes  coupled.For  a  Tyrant  a?  fays  Cicero,  is  culpable  in  effect  of  jfc  ^ 
the  treated  injufiice  that  may  be  imagined,  and  yet  he  carneth  it  Jb 
cunningly, that  when  he  mofi  deceives,  it  is  then  t'uat  he  maketh  greatefl 
appearance  to  deal  fincerely.  And  therefore  doth  he  artificially  coun- 
terfeit Religion  and  devotion,  wherein  faith  Anfiotle,he  expreffetb  ' 
one  of  the  mofi  abfolute  fubtleties  that  Tyrants  can  poffbly  praciife  :   he  Artifl.  Jib.  5. 
doth  fo  cempofc  bis  countenance  to  piety,  by  that  means  to  ternfie  the  P0^'  c, un- 
people from  confpiring  hgainfi  him  jWho  they  may  well  imagine  to  be  es- 
pecially favoured  of  God.,  cxpr  effing  in  all  appearance  fo  reverently  toje/  ve 
him.  He  fains  alfo  to  be  ..xceeuingly  affected  to  the  publick  good ; 
not  io  much  for  the  L-v  of  it,  as  for  fear  of  his  own  fafety. 

Furthermore  he  defires  much  to  be  eileemedjuft,  and  loyal  in 
fbme  Aftairs,  purpofely  to  deceive  and  betray  more  eaiily  in  mat- 
ters 


(  n5  ) 

-ters  of  greater  cqnfequence:  much  like  thofe  thieves  which 
maintain  themfelves  by  Thefts  and  Robberies,  cannot  yet  long 
fiibfift  in  their  Trade, without  exercifing  fbme  parcel  of  juftice 
in  their  proceedings.  He  alio  counterfeits  the  merciful,  but  it 
is  in  pardoning  of  (uch  Malefactors,  in  punifhing  whereof  he 
might  more  truly  gain  the  reputation  of  a'  pitiful  Prince. 

To  fpeak  in  a.  word,  that  which  the  true  King  is,  the  Ty- 
rant would  (eem  to  be,  and  knowing  that  men  are  wonderfully 
attracted  with,  and   inamoured  of  vertue,  he  endeavours  with 
much  fnbtilty  to  make  his  Vices  appear  yet  masked  wich  fbme 
fhadow  of  vertue  :  but  let  him   counterfeit  never  16  cunninglv, 
Hill  the  Fox  will  be  known  by  his  Tail :  and  although  he  fawn 
and  flatter  like  a  Spannel,yct  his  fharlingand  grinning  willever 
bewray  his  currifh  kind. 
Tho.  Aduin.  in       Furthermore,  as  a  well-ordered  Monarchy  partakes  of  the 
fecufld,  q.  12.  principal  Commodities  of  all  other  Governments  :  So  on  the 
art.  ii.  contrary,  where  Tyranny  prevails,  there  all  the  difcommudities- 

of  confufion  are  frequent. 

A  Monarchy  hath  in  this,  conformity  with  an  Arifiocracy,that 
the  moft  able  and  difcreet  are  called  to  Confutations :  Tyranny 
and  Oligarchy  accord  in  this,  that  their  Councels  arecompofed 
of  the  worft  and  moft  corrupted.  And  as  in  the  Councel  fyyal,  there 
may  in  a  fort  feem  many  Kings  to  have  inter  efts  in  the  Government, 
fo  in  the  other  on  the  contrary,  a  multitude  of  Tyrants  always  domineers. 
The  Monarchy  borrows  of  the  popular  Government  the  AC- 
femblies  of  the  Eftates,  whither  are  fent  for  Deputies  the  moft 
fufficient  of  Cities  and  Provinces,  to  deliberate  of,  and  determine 
matters  of  State  :  the  Tyranny  takes  this  of  the  Ochlocracy , 
that  if  (he  be  not  able  to  hinder  the  Convocation  of  the  Eftates, 
yet  will  (he  endeavour  by  factious  fubtilries  and  pernic/ous  Pra- 
ctices, that  the  greateft  Enemies  of  Order  and  Reformation 
of  the  State  be  lent  to  thofe  AfTemblies,  the  which  we  have 
known  praclifed  in  our  times.  In  this  manner  afiames  the 
Tyrant  the  Countenance  of  a  King,  and  Tyranny  the  Sem- 
blance of  a  Kingdom,  and  the  continuance  fucceeds  commonly 
according  to  the  dexterity  wherewith  it  is  managed  ;  yet,  as 
Ariflotle  lays,  tve  floall  hardly  read  of  avy  Tyranny  that  hath  out-tajl- 
ed  a  hundred  years  :  briefly  the  I(jng  principally  regards  the  pub- 
lic^ utility,  and  a  Tyrants  chiefeii  care  is  for  his  private  Commodity. 
But  feeing  the  condition  of  men  is  fuch,that  a  King  is  with  much 

difficulty 


(  ii7  ) 

difficulty  to  be  found,  that  in  all  his  actions  only  agreeth  at 
the  publique  good,  and  yet  cannot  long  fubfift  without  expre£  ■ 
lion  of  (bruelpecial  care  thereof,  we  will  conclude  that  where 
the  Corrrmon-.wealths  advantage  is  moil  preferr'd,  there  is  both 
•a  lawful  King  and  Kingdom  ;  and  where  particular  defigns 
and  private  ends  prevail  agaittd  the  publique  prorit,there  quefti- 
nolefs  is  a  Tyrant  and  Tyranny. 

Thus  much  concerning  Tyrants  by  practife,in  the  examining 
whereof  we  have  not  altogether,  fixed  our  di/courfe  on  the  loofe 
diforders  or  their  wicked  and  licentious  lives  a,  which  fome  fay  b  fralf'de'ti- 
the  character  of  a  bad  Man  :  but  not  always  of  a  bad  Prince.  If  ran.  &  fc  re- 
therefore  the  Reader  be  not  fatisfied  with  this  defcription,   be-  gim>  Civi. 
fides  the  more  exact  reprefehtations  of  Tyrants  which  he  (hall 
find  in  Hiflories    he  may  in  thefe  ourdays  behold  an  abfolute 
model  of  many  living  and  breathing  Tyrants:  whereof  Ariftotle 
in  his  time  did  much  complain.  Now  at  the  lad:  we  are  come  as  £  To  whom  it 
it  were  by  degrees  to  the  chief  and  principal  point  of  the  que-  belongs  to  re- 
fiion.  We   have  feen  how  that  Kings  t>  have  been  chofen  by  prefsVvrants 
God,  either  with  relation  to  their  Families  or  their  perfons  on-  without  Title. 
3y,  and  -  after  inftalled  by  the  People:  In  like  manner  what  is 
the  duty  of  the  King,  and  of  the  Officers  of  the  Kingdom, 
how  far  the  authority,  power,  and  duty  both  of  the  one  and 
the  other  extends,  and  what  and  how  (acred  are  the  Covenants 
and  Contracts  which  are  made  at  the  inauguration  of  Kings,and 
what  Conditions  are  intermixt,both  tacite  and  exprefs'd ;  finally 
who  is  a  Tyrant  without  Title,and  who  by  practife,feeing  it  is  a 
thing  unqueftionable  that  we  are  bound  to  obey  a  lawful  King, 
which  both  to  God  and  People  carrieth  himfelf  according  to 
thofe  Covenants  whereunto   he  ftands  obliged,  as  it   were  to 
God  himfelf,feeing  in  a  fort  he  represents  his  divine  Majefty  :  It 
now  follows  that  we  treat3how,and  by  whom  a  Tyrant  may  be  — 
lawfully  refifted,and  who  are  the  perfbns  that  ought  to  be  chief- 
ly actors  therein,and  whatcourfe  is  to  be  held,  that  the  action 
may  be  manag'd  according  to  right  &  reafon:we  rauft  firft  fpeak 
of  him  which  is  commonly  called  a  Tyrant  without  Tkle.Letus 
fuppofe  then  that  fome  Ninus  having  neither  received  outrage  nor 
offenee,invades  a  people  over  whom  he  hath  no  colour  of  preten-  c  Otto  Trifmg. 
fion  :    that  Cafar  feeks  to  oppreis  his  Country  c,   and  the  Ityman  CbronA.  3.C7* 
Common- wealth :   that  Popiclus  endeavours  by  Muvthers  and 
Treafons  to  make  the  Elective  Kingdom  of  Polema  to  become 

hereditary 


Aimm.  bb.  4-  hereditary  to  him  at^d  his  pofterity :  or  iome  Bruniehilde  draws 
Gre.  Turov.  t0  ^er  &^  anQi  ner  Protadius  the  absolute  Government  of  France: 
lib.  4.  c.  5 1.  °r  Ebr onus ..taking  advantage  of  Tbeodericl{s  weaknefs  and  idlenels, 
lib.  5.C.39.  gaincth  the  intive  adminiftration  of  the  Srate,and  oppreffeth  the 
hb.  8.  c.  29.      people5  wjiat  {haUbe  our  lawful  refuge  herein? 

^  Firft,  the  Law  of  Nature  teachcth.and  commandeth  us  to 
maintain  and  defend  our  lives  and  liberties,  without  which  life 
is  leant  worth  the  enjoy  ing,again  ft  all  injur)1- and  violence.  Na- 
ture hath  imprinted  this  by  inftinct  in  Dogsagainft  Wolves,in 
Bulls  againft  Liens,  betwixt  Pigeons  and  Spar- hawks,  betwixt 
Pullen  and  Kites,and  yet  much  more  in  Man  againft  Man  him- 
felf,if  Man  become  a  Beaft;  and  therefore  he  which  queftions  the 
lawfulnefs  of  defending  ones  feif,djth  as  much  as  in  him  lies  que- 
ftion  theLaw  of  Nature.  To  this  muft  be  added  the  Law  of  Na- 
tions,which  diftinguifhethPoffeftions  and  D6minions,hxes  limits, 
and  makes'out  confjnes,which  every  Man  is  bound  to  defend  a- 
0  — -  gainft  all  Invaders.And  therefore  it  is  no  Icls  lawful  to  reiift  A- 
iexander  the  Great,  if  without  any  right  or  being  juftly  provoked, 
he  invades  a  Country  with  a  mighty  Navy ;  as  well  as  Diomedes 
the  Pirate  which  Icours  the  Seas  in  a  linall  Veflel.For  in  this  calc 
Alexanders  right  is  no  more  than  Diomedes  his,but  only  he  hath 
more  power  to  do  wrong,and  not  lb  eafily  tobecompell'd  to  rea- 
fbn  as  the  other.  Briefly,  one  may  as  well  oppofe  Alexander  in 
pillaging  a  Country,  as  a  Thief  in  purloining  a  Cloak,  as  well 
him  when  he  leeks  to  batter  down  the  Walls  of  a  City,  as  a 
Robber  that  offers  to  break  into  a  private  houfe.  There  is 
befidcs  this,  the  Civil  Law,  or  municipal  Laws  of  leveral  Coun- 
tries which  governs  the  Societies  of  men,  by  certain  rules,  lome 
in  one  manner,  Ibme  in  another  ;  fume  lubmit  themfelves  to 
the  Government  of  one  man, lome  to  more  $  others  are  ruled 
by  a  whole  Commonalty,  brae  absolutely  exclude  Women 
from  the  Royal  Throne,  others  admit  them,  thele herechufe 
their  King  defcended,  of  fuch  a  Family ,  ihofe  there  make 
Election  of  whom  rhey  pleafe,  befides  other  Cuftoms  pra- 
clifed  amongft  leveral  Nations.  If  therefore  any  ofter  either  by 
fraud  or  force  to  violate  this  Law,  we  are  all  bound  to  reiift  him, 
becaufehe  wrongs  thatSociety  to  which  we  owe  all  that  we  have, 
and  would  run  our  Countrey,  to  the  preservation  whereof  all 
men  by  nature,  by  law  and  by  folemnOath  are  ftrictly  obliged  .- 
inlomuch  that  tear  or  ncgligencc,orbad  purpoles,make  usomic 

thi3 


(  129  ) 

this  dutie,  we  may  juftly  be  accounted  breakers  of  the  Laws* 
betrayers  of  our  Countrey,  and  contemners  of  Religion.  Now  as 
the  Law  of  Nature,  of  Nations,  and  the  civil  commands  us  to  take 
Arms  ag^inftfuch  Tyrants;  fo  is  there  not  any  manner  of  Reafcn 
that  fbould  perl  wade  us  to  the  contrary,  neither  is  there  any  Oath* 
Coven?nt,or  Obligaticn,publick  or  pnvate,of  power  jultiy  to  re-      -  ^ 

J  It-rain  us  ;  therefore  the  meanefl  private  Man  may  refill  and  Law-  le'  f^j^4S 
fully  oppofe  fuch  an  Intruding  Tyrant. The  Law  Julia,which  con-  j?jtatts. 
demns  to  death  thofe  that  raife  Rebellion  againft  their  Countrey 
or  Prince,  hath  here  no  place  }  for  he  is  no  Prince,  which  without 
any  Lawful  Title  Invade  th  the  Common- wealth,  or  Confines  of  a* 
neither;  nor  he  a  Rebel,  which  by  Arms  defends  his  Countrey  ;but 
rather  to  this  had  relation  the  Oath  which  all  theYourhof  A' 
thins  were  acctiftomed  to  take  in  the  Temple  of  AgUnray  I  will  « 
Fight  for  Religion,  for  the  Laws,  for  the  Altar?,  and  for  our 

l  Pofllffions*  either  alone,  or  with  others }  and  will  do  the  utmoft 

.  of  my  Endeavour,  to  leave  to  pofterity  our  Countrey,  at  the  BartoUntmc. 
leaft,  in  as  good  eftate  as  I  found  it.    To  as  little  purpofe  can  the  de  GuelpL  (3 
Laws  made  againft  Seditious  Perfons  bealledg^dherc,  for  he  is  GibeUtn.  _ 
Seditious  which  undertakes  to  defend  the  People,in  Oppofition  of 
order  and  publick  Difcipline  •,  but  he  is  no  raifer,  but  a  fuppref- 
for  of  Sedition,  which  reftrai/ieth  within  the  Limits  of  Reafon.  the 
fubverter  of  his  Conntreys  Welfare,  and  publick  Difcipline. 

On  the  contrary  to  this,  hath  proper  relation  the  Law  of  Tyra-  Mj#*  M.  4. 
nacides,  which  honours  the  living  with  great  and  memorable  re-  ^*4J^*  *£ 
compences,  and  the  dead  with  worthy  Epitaphs,  and  glorious  cal  '. 
Statues,  that  have  been  ther  Countreys  Liberators  from  Tyrants  *, 
as  Har  modi us  and  Ariftopton  at  Athensy  Brutus  and  Cajfius  in  r.  ... 
Greece,  and  Aratns  otSycione.  To  thefe  by  a  publick  Decree  were  jf?a  'J^™/?. 
erected  Statues,  becaufe  they  delivered  their  Countreys  from  the 
Tyranies  of  Pifijfratus^  cttCafar,  and  oiNicocles.  The  which  was  Plutarch. in 

.  of  fuch  RefpecT:  amongft  the  Antients,  that  Zerxes  having  made  Arato. 
himfelf  Mailer  of  the  City  of  Athens ,  caufedtobe  tranfported      .  . 

into  Perfia  the  Statues  cfHarmodius  and  Arifloaiton  ;  afterwards  ,a,  '  „ .,  fJT,' 
StleucHS  caviled  them  to  be  returned  into  their  former  place :  and 
as  in  their  paflage  they  came  by  Roadet,t)\ok  famous  Citizens  en- 
tertained them  with  publick  and  flupendiousfolemnities?  and  du- 
ring their  abode  there,  they  placed  them  in  the  choiceft  facrefties 
of  their  gods.  But  the  Law  made  againft  Forfakers,and  Tray  tors, 

S  takes 


takes  abiblutely  hold  on  thofe  which  are  negligent  and  cardefs 
to  deliver  their  Countrey  oppreficd  with  Tyranny,  and  con- 
demns them  to  the  fame  punifhment,  as  thofe  Cowardly  Soldi- 
ers, which  when  they  ihould  Fig,ht,  either  counterfeit  Sicknefs, 
or  caft  off  their  Arms  and  run  away,.  Every  one  therefore  both  in 
general  and  particular,  ought  to.  yield  their  belt  ?fiiftance  unto 
L  ?  &  I        th*s ;    as  »n  a  publick  Fire,  to  bring  both  Hooks,  and  Buckets  and 
Omne  deli-    Water;  we  mult  not  ceremoniouily  expect  that  the  Captain  of 
ctum./.uir.   the  Watch  be  firft  cal!ed>  nor  till  the  Governour  "<3f  the  Town 
D.de  re  mi-  be  come  into  the  Streets  •,  but  let  every  man  draw  Water  and 
br-  climb  to  the  Houfe-top  -,it  is  neccflary  for  all  men  that  the  Fire  be 

quenched.  For  if  whiift  thec?.^/rj  with  much  filence  and  vigi- 
lancy  leek  to  fcale  and  furprife  the  Capital,  the  Soldiers  be  drow- 
.  fie  with  their  former  pains,  the  Watch  buried  in  fleep,  the  Dogs 
fayl  to  bark,  then  mult  the  Gtelepl  y  the  Sentinels,  and  with 
their  gagling  noife,  give  an  Alarm.  And  the  Soldiers  and  Watch 
ftiall  be  degraded,  yea,  and  put  to  death  :  The  Geefe  for  perpetu- 
al remembrance  of  this  deliverance,  fhali  be  always  fed  in  the  C*- 
ptoll.  and  much  efteemed. 

This  of  which  we  have  fpoken,  is  to  be  underftood  of  a  Ty- 
ranny not  yet  firmly  rooted,  to  wit,  whiift  a  Tyrant  confpires, 
machinates,  and  lays  his  plots  and  pra&ifes.  But  if  he  be  once  fo 
poflefled  of  the  State,  and  that  the  People  being  fubdued,  promife 
and  fwear  obedience  ;  the  Cornraon-wealth  being  oppreited,  re» 
fign  their  authority  into  their  hands  ;  and  that  the  Kingdom  in 
fome  formal  manner,  confent  to  the  changing  of  their  Laws^ 
for  fo  much  certainly  as  tnenjhe  hath  gained  a  title  which  before 
he  wanted,  and  feems  to  be  as  well  a  legal  as  actual  pofleflbr 
thereof,  although  this  Yoke  were  laid  on  the  Peoples  Neck  bv 
compulfion,  yet  mull:  they  quietly  and  peaceably  reft  in  the  will 
©fthe  Almighty,  who  at  his  pieafnre  transfers  Kingdoms  from 
one  Nation  to  another  ^  otherways  there  mould  be  no  Kingdom, 
whofe  Jurifdiction  might  not  be  difputed:  And  it  may  well  chance, 
that  he  which  before  was  a  Tyrant  without  Title,having  obtained 
the  Title  of  a  King,  may  free  himfelf  from  any  Tyranous  lav 
putation,by  governing  thofe  under  him  with  Equity  and  Mot 
tion.  Therefore  then  as  the  People  ot  Jurie,  under  the  Authori- 
2  Kingi  *4«- tyofKing£*.wfc.;*,  did  Lawfully  refill  the  Invafion  of  Senacbenb 

lerVm  S*      tne  ^hrtan :  $°  0B  ^  c°ltfrary  was  Z^dcchim  and  ail  his  Sub- 
' 5  jects 


« 


C  '5'  ) 

je<fbs  worthily  punifhedj-ecaufe  that  without  any  jult.  occaflon, 
alter  they  bad  done  homage  and  fworn  feafty  to  Ntbucha^nezj- 
n*r\  they  rift  in  Rebellion  sgainft  him.  For  after  prom i"fe  of  Per- 
formance, ic  is  too  late  to  repent  And  as  in  battles  every  one  ought 
to  give  Teftimony  of  his  Valour,  but  being  taken  Prifoner,  mult 
.faithfully  obferve  Covenants  \  fo  it  isrequiOte,  that  the  People 
maintain  their  Rights  by  al)  peffibie  means-,  but  if  it  chance  that 
they  be  brought  into  the  fubj-ction  of  anothers  Will,  they  mud: 
then  patiently  fupport  the  dominion  of  the  Vi&or.So  did  Pomfiy* 
Cato  and  Cicero,  and  others,  perform  the  parts  of  good  Patriots 
then  when  they  took  Arms  agairiit  Cafar,  feeking  to  alter  the 
government  of  the  State  *  neither  can  thofe  be  juitiy  excufed, 
whole  bafe  fear  hindred  the  happy  fuccsfs  of  Pompey  and  his  par- 
takers noble  defigns.  jittg*ftw  himfelf  is  faid  to  have  reproved 
cue  who  railed  on  Cato,  affirming  that  he  carried  himfelf  wor- 
thily and  exceedingly  affected  to  the  g^eatnefs  cf  his  Country,  in 
couragioufly  oppofing  the  Alteration  which  his  Contraries  fought 
to  introduce  in  the  Government  of  the  State,  feeing  all  innovati- 
ons of  that  Nature>  are  ever  Authors  of  much  Trouble  and  Con- 
fufion. 

Furthermore,  No  man  can  juflly  reprehend  Brutus,  Cajfiitf,  and 
the  reft  who  killed  Ctfar  before  his  Tyrannical  Authority  had 
taken  any  firm  rooting.  And  fo  were  there  Statues  of  Brafs  Ere- 
cted in  honour  of  them  by  publick  decree  at  Athens^  and  placed  by 
thofe  of  Harmodiw  and  Artjlogiton,  then  when  after  the  difpatch*. 
ing  of  C&far  they  retin  d  from  Rome,  to  avoid-  Mar.  hatGnie 
and  Auguftm  their  revenge.  But  Cinna  was  certainly  guilty  of  fe- 
dition,  who  after  a  legal  transferring  of  the  Peoples  power  into 
the  hands  of  Augustus,  is  faid  to  confpire  agajnft  him.  Likewife 
when  the  P^;»rfought  to  take  the  Crown  of  France  from  the 
'Merovingians :  as  alfo  when  thofe  of  the  line  of  Capet  endea- 
voured to  fupplant  the  Pepins^  any  might  lawfully  refill  them 
without  incurring  the  Crime  of  Sedition  :  But  when  by  publick 
Counfel  and  the  Authority  of  theEftate?,  the  Kingdom  was  trans- 
ferred ftom  one  family  to  another,  it  was  then  unlawful  to  op- 
pofe  it-  The  fame  may  be  faid,  if  a  Woman  poflefs  her  felf  of  the 
Kingdom,  which  the  Salick  Law  abfolutely  prohibites,  or  if  one 
feek  to  make  a  Kingdom  meerly  Elective,  hereditary  to  hisoff- 
fpring,  while  thofe  Laws  (land  in  force,  and  are  unrepealed  by 

S  2  the 


(    I?2    ) 

the  Authority  of  the  general  Eftates,  which  represent  the  body  of 
thePeople.Nekherisicneceflary  in  this  refpecl,  to  have  regard 
whether  faction  is  the  greater,  more  powerful  or  more  iiluflrio'JS. 
Always  thofe  are  the  greater  number  who  3re  led  by  Pafllon, 
than  thofe  thit  aje  ruled  by  Reaibn.  and  therefore  tyranny  bath 
more  fervancs  thsn  the  Common- w^akh.  But^^e  is  there  ac- 
cording to  the  laying  of  Pemp*y,  where  the  Sen  ite  is,  and  the  Se-  ' 
nate  is  where  there  is  obedience  to  the  Laws  love  of  Liberty*  and 
ftndions  carefulnefs for  the  Countries  Prefervation.  And  there- 
fore, though  Brennta  may  ieem  to  be  Mafter  of  AWf,yet  notwith- 
(landing  is  Rome  at  veies  with  Camillus,  \vho  prepares  to  deliver 
Rome  from  bondage.  It  behoovs  thiruforeall  true-fow-^to  re- 
pair to  Camillas,  and  affift  his  Enterprize  with  the  utmoir,  of 
Plutarch,  in  tneir  power  and  endeavours.  Although  ThimiSlccks,  and  all  his 
-aita  Tbsm.fi.  a^|e  ancj  wortMeft  Companions  leave  Athens, and  put  to  Sea  with 
a  Navy  of  two  hundred  Galiies, notwithstanding  it  cannot  be  laid, 
that  any  ofthefe  mcnarerbanifhed  Athens,  but  rather,  as  Tbemijio- 
cles  anfwered,  Thefe  two  hundred  Gallies  are  more  ufeful  for  us, 
than  the  gteateft  City  of  a\\  Greece ;  for  that  they  are  armed,  and 
prepared  for  the  defence  of  thofe  which  endeavour  to  maintain 
and  uphold  the  publick  State. 

But  to  come  to  other  examples ;  it  follows  not  that  the  Church 
of  God  mult  needs  be  always  in  that  place  where  the  Ark  of  the 
Covenant  is;  for  the  Thitiftines  may  carry  the  Ark  into  the  Tem- 
ples of  their  Idols.  It  is  no  good  Argument,  that  becaufe  we  fee 
the  Roman  Eagles  waving jn  EHfigns,  and  hear  their  Legions  na- 
xaedythat  therefore  prelently  we  conclude,  that  the  Army  of  the 
Roman  Common-wealth  isthere  prefent  •,  for  there  is  only,  and 
properly  the  Power  of  the  State  where  they  are  afTembkd,to  main- 
tain the  liberty  of  the  Countrey  againft  the  ravenous  opprcflion 
of  Tyrants, to  infranchife  the  People  from  fe rvitude,and  to  fup- 
prefsthe  impudency  ofinfulting  fl  tterers,  whoabufe  the  Princes 
weaknefs  by  oppreffing  his  Subjects  for  the  advantaging  of  their 
own  fortunes,  and  contain  ambitious  Minds  from  enlarging  their 
defires  beyond  the  limits  of  Equity  and  Moderation.  Thus  much 
What  may     concerning  Tyrants  without  Title. 

*iv»fuiiy  be  But  for  Tyrants  by  praclife,  whether  they  at  firfl:  gained  their 
T^u'by  Authority  by  the  Sword,  or  were  legally  inverted  therewith  by  a 
fca&ife,        general  confent :  It  behooves  us  to  examine  this  point  with  much 

weary 


.  On) 

wary  clrccmfpectiom  In  the  fir  ft  place  we  muft  remember,  that 
all  Princes  are  born  men,  and  therefore  rerfon  and  paflion  are  as 
hardly  to  be  feparated  in  them,  as  the  Soul  is  from  the  body 
whilft  the  man  liveth  ;  We  muft  not  then  expect  princes  abfolute 
in  perfection,  but  rather  repute  our  felves  happy  if  thole  that  go- 
vern us  be  indifferently  good.  And  therefore  although  the  P.ince 

'  obferve  not  exact  mediocrity  in  State- Affiirs  ^  if  foiaetimfs  Pafli- 
on over-rule  his  reafon  ,  if  fomecarelefs  Omiffion,  make  him  neg- 
lect the  Publick  Utility  ;  or  if  he  do  not  always  carefully  exe- 
cute Juftice  with  Equality,  or  rqpulfenot  with  ready  Valour  an 
invading  enemy  ;  he  muft  not  therefore  be  prefently  declared  a 
Tyrant.  And  certainly,  feeing  he  rules  not  as  a  God  over  men, 
nor  as  men  over  beafts,  but  is  a  Man  compofed  of  the  fame  mat- 
ter, and  of  the  fame  nature  with  the  reft  :  As  we  would  queftion- 
lefs  judge  that  Prince  unreafonably  infolent,    that  mould  infult 

[  over  and  abufe  his  Subjects  ;  aslf they  were  bruit  Beafts  \  fo  thofe 
People  aredonbtlefs  as  much  void  of  Reafon,  which' imagine  a 
Prince  (hould  be  compleat  in  Perfection  >  or  expect:  divine  abili- 
ties in  a  nature  fo  frail  and  fubject  to  Imperfections.  But  it  2 
Prince  purpofely  Ruinethe  Common- weal,  if  he  prefumpiuotfly 
pervert  and  refill:  Legal  Proceedings,  or  Lawfull  Rights,  if  he^ 
make  no  reckoning  of  Faith,  Covenants,  Juftice  nor  Piety,  if  he 
Prolecute  his  Subjects  as  Enemies ;  briefly,  If  he  exprefs  all  or  the 
chtefeft  of  thofe  wicked  Practifes  we  have  formerly  fpoken  of  \ 
then  we  may  certainly  declare  him  a  Tyrant,  which  is  as  much  as 
an  Enemy  both  to  God  and  Men.  We  d©  not  therefore  fpeak  of. 
a  Prince  lefs  good,  but  of  one  abfolute  bad  j  not  of  one  lefs  wife> 
but  of  one  Malicious  and  Treacherous  ^  not  of  one  lefs  able  ju- 
diciously to  difcufs  Legal  Differences,  but  of  one  per ver  fly  bent 
to  pervert  Juftice  and  Equity  \  not  of  an  unwariike,  but  of  one  fu- 

,  rioufly  difpofed  to  ruine  the  People,  and  ranf?ck  the  State.  For 
the  Wifdomofa  Senate,  the  Integrity  of  a  Judge,  the  Valour 
of  a  Captain,  may  peradventure  enable  a  weak  Prince  to  Govern 
wen":  But  a  Tyrant  could  be  content  that  all  the  Nobility  ,  the 
Councillors  of  State,  and  Commanders  for  the  Wars,  had  but 
one  head  that  he  might  take  itofFatone  blow  .  thofe  being  the 
proper  objects  of  hisdiftruft  and  fear,  and  by  confequence  the 
principal  fubjects  on  whom  he  defires  to  execute  his  Malice  and 
Cruelty.  A  Foolifti  Prince,  although  ( to  fpeak  according  to  right 

and: 


(<34) 

and  Equity  )  he  ought  to  be  depofed,  yet  may  he  perhaps  in  Tome 
fore  be  born  withaj :  Buta  Tyrant  the  more  he  is  toilerated,  the 
more  he  becomes  imollerable. 

Furthermore,  as  the  Princes  pleafure  is  not  always  law,  fo 
many  times  ic  is  not  expedient  that  tr.e  People  doe  2II  chat  which 
may  lawfully  be  done  :  for  it  may  often-times  chance,  that  the 
Medicine  proves  mere  dangerous  than  the  Difeafe.  Therefore  it  ' 
becomes  wife  men,  to  try  all  ways  before  they  come  to  blows, 
to  life  all  other  remedies  before  they  fuffer  the  Sword  to  decide 
the  Controverfie-  If  then  thofe  which  reprefent  the  Body  ol  the 
People,  forelee  any  Innovation  or  Machination  againft  the  State, 
or  that  it  be  already  embarqued  into  a  courfe  of  Perdition  \  their 
duty  is>  firft  to  admonifh  the  Prince,  and  not  to  attend,  that  the 
difeafe  by  acceflion  of  time  and  accidents,  becomes  unrecovera- 
ble. For  Tyranny  may  be  property  refembled  unto  a  Feaver  He- 
ttick,  the  which  at  the  firft  is  eafie  to  be  cured,  but  with  much  . 
difficulty  to  be  known ;  but  after  it  isfufficiently  known,  it  be* 
comes  uncurable.  Therefore  fmall  beginnings  are  to  be  care- 
fully obferved,  and  by  thofe  whom  it  concerns  diligently  pre- 
vented. 

If  the  Prince  therefore  perfift  in  his  violent  courfes,  and  con- 
temn frequent  admonitions,  addrcfiing  his  defjgns  enly  to 
that  end,  that  he  may  opprefs  at  his  pleafure,  and  effect  his 
owndefires  without  fear  or  reftraint  :>  he  then  doubtlefs  makes 
bimfslf  liable  to  that  detefted  crime  of  Tyranny :  and  whatfoever 
either  the  law,  or  lawful  authority  permits  againft  a  Tyrant,  may 
be  lawfully  practifed  againft  him.  Tyranny  is  not  onely  a  will, 
but  the  chief,  and  as  it  were  the  complement  and  abftract  of  vi- 
ces. A  Tyrant  fubverts  the  State,  pillages  the  people,  lays 
ftratagems  to  entrap  their  lives,  breaks  promife  with  all,  feoffs 
at  the  facred  Obligations  of  a  folemn  Oath,  and  therefore  is  heJ 
fo  much  more  vile  than  thevileft  of  ufual  Malefactors,  by  how 
much  offences  committed  againft  a  generality,  are  worthy  of  grea- 
ter punilhment  than  thofe  which  concern  only  particular  and 
private  perfen?.  If  Thieves  and  thofe  that  commit  Sacriledge,  be 
declared  Infamous  •,  nay,  if  they  juftly  fuffer  Corporal  pun ifhment 
by  iDeath,  can  we  invent  any  that  may  be  worthily  equivalent  for 
fo  ourragious  a  Crime  ? 
furthermore,  we  have  already  proved*  that  all   Kings  receive 

their 


(  '35) 
their  Royal  Authority  from  the  people,  that  the  whole  people  - 
conlider'd  in  one  body,  is  above  and  greater  than  the  King  ;  and 
that  the  King  and  Emperour  are  only  the  prime  and  ftpfeam  Go- 
vernours  and  Minifters -of-the  Kingdom  and  Empire*,  but  the 
People  the  ahiolute  Lord  and  Owner  theeeof.  It  therefore necef- 
firily  follows,  that  a  Tyrant  is  in  the  fame  manner  guilty  of  re- 
bellion againft  the 'Ma  jeftey  of  the  people,  as  the  Lord  of  a  fee, 
which  Felionloufly  tranfgrefs  the  Conditions  of  his  Invtftitutes, 
and  is  liable  to  the  fame  punifhment*  yea,  and  certainly  deferves 
much  more  greater  than  the  equity  of  thofe  Laws  inflict  on  the  de- 
linquents. Therefore  as  2krc//«fays,He  may  either  be  depofed  by  in  tract,  de 
thofe  which  are  Lords  in  Soveraignty  over  him,  or  eifejuftly  tyran.  &  in 
punifhed  according  to  the  Law  Julia,    which- condemns  thofe  tract.  deRc- 
which  offer  Violenee  to  the  publick.     The  body  of  the  people  8mlcmt* 
muft  needs  be  the  Soveraign  of  thofe  which  reprefent  it,  which^ 
.Jin  fome  places  are  the  Electors,  Palatines,  Peers  ;  in  other,  the 
Aflembty  of  the  general  Eftates.     And  if  the  Tyranny  have  got- 
ten fuch  fure  footing,  as  there  is  no  other  means  but  force  to  re- 
move him  *,  then  it  is  lawful  for  them  to  call  the  people  to  Arms, 
to  Inroll  and  raife  Forces,  arid  to  imploy  the  utmoft  of  their  po  *.  - 
er,  and  ufe  againft  him  all  advantages  and  ftratagems  of  War, 
as  againft  the  Enemy  of  the  Common*  wealth,and  the  Difturber  of 
the  Publick  Peace.^   Briefly,  the  fame  fentence  may  be  juftly  pro- 
nounced againft  him,  as  was  againft  ManliKsCapitoUnm  at  Rome.  Valerius  lib. 
Thouwafi  to  me  Alanlius,  when  thou  didfi  tumbh  down  the  G axles  9vcj.3\ 
that  fcaled  the  Capifle  :  But  face  thou  art  now  become  an  Enemy,  like 
one  of  them,  thoufhalt  be  precipitated  down  from  the  fame  place  from 
whence  thou  formerly  tumbled  ft  thofe  Enemies, 

The  Officers  of  the  Kingdom  cannot  for  this  be  rightly  taxed 
of  Sedition  -,  for  in  a  Sedition  there  muft  necefHrily  concur  but 
t-^vo  parts,  or  fides,  the  which  peremptorily  contefu  together?  fo 
that  it  is  necefTary  that  the  one  be  in  the  right,  and  the  other  in 
the  wrong  :  That  part  undoubtedly  hath  the  right  on  their  fide, 
which  defends  the  Laws*  and  Arrives  to  advance  the  publick  pro-  J*  q|"j  ^"li" 
fit  of  the  Kingdom.     And  thofe  on  the  contrary  are  qucftionlefs  QbelVf  are.  I. 
in  the  wrong,  which  break  the  Laws,  and  project  thofe  that  vio-  -5.'  sect  cum 
late  Juftice,  and  opprefs  the  Common-wealth.     Thofe  are  cer-  igitur  D.  de  ; 
tainiy  in  the  right  way,  as  faid  Barfolut,  which  endeavour  to  fup-  Yi8c  viar° 
prefsTyranaical  Government,  and  thofe  in  the  wrone,  which  op- 

pofe 


pofe  lawful  authority;     And  that  /null  ever  be  accounted  juft, 

which  is  intended  only  for  the  pub!ick  benefit,  and  that  unjult, 

J1}0/1J"*"'     which  aims  chiefly  at  private  commodity.     Wherefore  Tho  ms 

ec.  gcun  .q.    ^amnas  f^ith,   7'W  a  tyrannical  rule  havimr  no  proper  addre Is  for 
12.  art.  ii.in    ,  '      , ,    ,    -   ;r  .       J  ,        r    ■  r  ^         ■,.'■,■    J  J  ^ 

£ne>  t/>e  publickjvdjart,  but  only  tojatisjie-  a  private  will-,  with  tncreafe 

%  of  particular  profit  to  the  ruler*  cannot  in  any  reafonabk  confirHtlion  be 

account  td  lawful,  and  therefore  the  difkurbzr.c  of  fuch  a  Government v 
cannot  be  e^eemedSedttiotu.nmch  lefs  Tray  tors. (or  that  offence  hath 
1. 1  D.  ajlez.  Pr0Per  relation  only  to  a  lawful  Prince,  who  indeed  is  an  iaani- 
lul.'majtfl,  rimed  or  fpeaking  Law  *,  therefore  feeing  that  he  which  employs 
the  utmoft  of  his  means  and  power  to  annihilate  the  L  iws,  and 
Ci:e.  parade  quell  their  vertue  and  vigour,can  no  ways  be  iuftly  Intituled  there- 
with :  So  neitherjikewiie  can  thofe  which  oppofe  and  take  Arms 
againft  him,  be  branded  with  fo  notorious  a  Crime.  Alio  this  of- 
fence is  committed  againJt  the  Common- wealth  j  but  for  fo  much 
as  the  Common' wealth  is  there  only  where  the  Laws  are  in  force, . 
and  not  where  a  Tyrant  devours  the  State  at  his  own  pleafure 
and  liking,  he  certainly  is  quit  of  that  Crime  which  ruins  the  Ma- 
jefty  of  the  publique  State,  and  thofe  queftionlefs  are  worthily 
protectors  and  prefervers  of  the  Common-wealth,  who  confi- 
dent in  the  lawfulnefsof  their  Authority,  and  fummoned  there- 
unto by  their  duty,  do  couragioufly  refill  the  unjuft  proceedings 
of  the  Tyrant. 

And  in  this  their  Action  we  mult  not  efteem  them  as  private 
Men  and  Subjects,  but  as  the  reprefentative  body  of  the  People, 
yea,  and  as  the  Soveraignty  it  felf,  which  demands  of  his  Minifttr 
an  account  of  his  Adminiftration.Neither  can  we  in  any  good  rea- 
fon  account  the  Officers  of  the  Kingdom  Ditloyal,  who  in  this 
manner  acquit  themfelves  of  their  charge- 

There  is  ever,  and  in  all  places,  a  mutual  and  reciprocal  obli- 
gation between  the  People  and  the  Prince ;  the  one  promifeth  tQ 
be  a  good  and  wife  Prince,  the  other  to  obey  faithfully,  provided 
he  Govern  jnftly.  The  People  therefore  is  obliged  to  the  Prince 
w  under  condition  :  The  Prince  to  the  People  fimply  and  purely. 
Therefore  if  the  Prince  fail  in  his  Promife,  the  People  is  exempt 
from  Obedience,  the  Contract  is  made  void,the  Right  of  Obligati- 
on of  n©  force.  Then  the  King  if  he  Govern  unjultly,  is  Perjur'd, 
and  the  People  likewife  Forfworn  if  they  obey  not  his  lawful  com- 
mands :  But  that  People  is  truly  acquit  from  all  Perfidioufnefs, 

which 


C'?7) 

whkh  publickly  renounce  the  unjult  dominion  of  a  Tyrant,  -or 
he  ftriving  unfitly  by  ftrong  fund  to  continue  the  pofTeffioh,  do 
conft/intly  endeavour  toexpulfe  him  by  force  of  Arms, 

It  istherefbre  permitted  the  Officers  of  a  Kingdom-,  either  ail,  L  IC$_  D^e 
or  foroe  good  number  of  chem,to  fupprefs  a  Tyrant  \  and  it  is  not  reg.j'ur. 
only  lawful  for  them  to  do  it ,   but  their  Duty  exprefly  re- 
quires it  •,  and  if  they  do  it  not,  they  can  by  no  excufe  colour 
their  Bafenei's.  For  the  Electors,  Palatines ^Peers^nd  other  Officers 
of  Stace,mu(t  not  think  they  were  cfbablifhed  only  to  make  pom- 
peous  Paradoes  and  Show?,  when  they  are  at  the  Coronation  of 
the  Ring,  habited  in  their  Robes  of  State,  as  if  there  were  fome 
Mafque  or  Interlude  to  be  reprefented;  or  as  if  they  were  that  day 
toacl;  the  parts  of  RuUnd^OUvtr^i  Renaldo,  and  fuch  other  per- 
fonages  on  a  Stage,  or  to  counterfeit  and  revive  the  memory  of 
the  Knights  of  the  round  Table  ;  and  after  the  difmiffing  of  that 
days  Alterably,  to  fuppofetheytiave  fufficiently  acquit  themfdves 
of  their  Duty,  until  a  recefs  of  the  like  folemnity.     Thofe  lV 
lemn  Rites  and  Ceremonies  were  not  inftituted  for  vain  oftenta- 
tion,  nor  to  pafs,  as  in  a  dumb  fhow>topleafe  the  Spectators, 
nor  in  Childrens  fports,  as  it  is  with  Horace,  to  create  a  King  in 
jeft  •,  but  thofe  Grandees  mull  know,  that  as  weH  for  Office  and 
Duty, as  for  Honour,  they  are  called  to  the  performance  of  thofe 
Rites,  and  that  in  them,  the'Common-wealth  is  committed  ajid 
recommended  to  the  King,  as  toherfupream  and  principal  Tu- 
tor and  Protector,  and  to  them  as  Co-adjutors  and  Affiftants  to 
him  •.  and  therefore,  as  the  Tutors  or  Guardians  (ye?,  even  thofe  VlJ'  ^  D-  . 
that  are  appointed  by  way  of  honour)are  chofen  to  have  care  of-  &  atu™ '&  C{JJ2£ 
obferve  the  actions  and  importments  of  him  which  holds  the  prin- 
cipal rank  in  the  Tutorihip,  and  to  look  how  hecarrieth  himfelf  l,  2*  Dcoh. 
in  the  Adminiftration  of  the  goods  of  his  Pupil :  So  likewife  are 
the  former  ordained  to  have  an  Eye  to  the  courfes  of  the  King, 
for  with  an  equivalent  Authority,  as  the  others  for  the  Pupil,  fo 
are  they  to  hinder  and  prevent  the  Damage  and  Detriment  of  the 
People,  the  King  being  properly  reputed  as  the  prim?  Guardian, 
and  they  his  Co-adjutors. 

In  likemanner,  as  the  faults  of  the  principal  Tutor  who  mana- 
ges the  Affairs,are  juflly  imputed  totheCo-adjoynrs  in  theTutor-  l^4-p-'J 
(hip,  if  when  they  ought  and  might;  they  did  not  difcover  his  ™T  1*,%% 
Errors,and  caufe  him  to  be  depofed,  efpecially  failing  in  the  main  fufcc.  L,'^ 

T  Points  cur 


paints  of  his  charge,  to  wit,  in  not  communicating  unto  them  the 
affairs  of  his  adminiftration,  in  dealing  unfaithfully  in  his  place, 
in  doing  any  thing  to  the  difhonour  or  detriment  of  his  Pupil, 
•  inimbeflilingof  his  Goods  or  Eftate,  or  if  he  bean  Enemy  to  his 
PupiK  briefly,  if  either  in  regard  of  the  worthlcfsnefs  of  his  Per- 
ion,or  weaknefs  of  his  judgment,  he  be  unable  well  to  difcharge 
fo  weighty  a  charge.  So  alio  are  the  Peers  and  principal  Officers 
of  the  Kingdom  accountable  for  the  Government  thereof,&  muft 
both  prevent,  and  ifoccafion  require,  fupprefs  the  Tyranny  of 
the  Prince,  as  alio  fupply  with  their  care  and  diligence,  his  inabi- 
lity and  weaknefs. 

Finally,  If  a  Tutor  omitting  or  neglecting  to  do  all  that  for  his 
Pupil,  which  a  difcreet  Father  ofa  family,  would  and  might  con- 
veniently perform,  cannot  well  be  excufed,  and  the  better  ac- 
quitting himfelf  of  his  charge,  hath  others  as  concealers  and  Af- 
fociates,  joyned  with  him  tooverfee  his  actions,  with  much  more 
reafon  may,and  ought  the  Officers  of  the  Crown  reltrain  the  t  io- 
lent  irruptions  of  that  Prince,  who  inftead  of  a  Father,  becomes 
an  Enemy  to  his  People^  leeing  to  fpeak  properly,they  are  as  well 
accountable  for  his  actions  wherein  the  publick  hath  Interelts, 
as  for  their  own. 
VIO.&93.       Thofe  Officers  mufl:  alio  remember,  that  the  King  holds  truly 
z>.  deadm.  &  the  firft  place  in  the  Adminiftration  of  the  State,  but  they  the  fc- 
fcric.  turn  &  cond,  and  fo  following  according  to  their  ranks  ;  not  that  they 
Cu3r'  fhould  follow  his  courfes,  if  he  tranfgrefs  the  Laws  of  Equity  and 

Jnflice-,nottbatif  heopprefsthe  Common- wealth,  they  ffcould 
connive  to  his  Wickednefs.  For  the  Common  wealth  was  as  well 
committed  to  their  care  as  to  his,  fo  that  it  is  not  fufficient  for 
them  todifcharge  their  own  duty  in  particular,  but  it  behooves 
them  alfo  to  contain  the  Prince  within  the  limits  of  reafon,briefly 
they  have  both  joyntly  and  fevcrally  promifed  with  folemn  Oaths, 
to  advance  and  procure  the  profit  of  a  Common-Health,  although 
then  that  he  forfwore  himfelf^  yet  may  not  they  imrgine 
that  they  are  qnit  of  their  promife,  no  more  than  the  Bifhops  and 
Patriarks,if  they  fuffer  an  heretical  Pope  to  ruine  the  Church  •,  yea 
they  fhould  cfteem  themfelvesfo  much  the  more  obliged  to  the 
obferving  their  Oath,  by  how  much  they  find  him  wilfullv  dif- 
pos'd  to  rufh  on  in  his  perfidious  courfes.,  But  if  there  be  collufion 
betwixt  him  and  them3  they  are  prevaricators,  if  they  diflemble, 

they 


(  139  ) 
they  may  juftly  be  called  forfakers  and  traytors,  if  they  deliver 
not  the  Common  wealth  from  Tyranny,  they  maybe  truly  rankc 
in  the  number  of  Tyrants  -,  ason  the  contrary  they  are  Protector?, 
Tutors,  and  in  a  fort  Kings,  if  they  keep  and  maintain  the  State 
fafeand  intire>  which  is  alfo  recommended  to  their  Care  and 
Cuftody. 

Although  thefe  things  are  fufficiently  certain  of  themfelves,yet 
may  they  be  in  fome  fort  confirmed  by  Examples.  The  Kings  of 
Canaan  which  prcfTed  the  People  otlfrael  with  a  hard,both  corpo- 
ral and  fpiritual  Servitude,  (  prohibiting  them  all  meetings  and 
ufe  of  Arms )  were  certainly  Tyrants  by  Practice,  although  they 
had  fome  Pretext  of  title. For,£j;/0«  &Jabin  had  peaceably  reigned 
alrnoit  the  fpaceof  twenty  years,  Godftirred  up  extraordinarily 
Ehud,  which  by  a  politick  Stratagem  killed  Eglon,  and  Deborah  Jc,d%.  4,  &  3. 
which  overthrew  the  Army  of  Jxbm,  and  by  his  fervice  delivered 
the  People  from  the  fervkude  of  Tyrants,not  that  it  was  unlawful 
for  the  ordinary  xMagiftrates,  the  Princes  of  the  Tribes,  and  fuch 
other  Officers  to  have  performed  it,  for  Deborah  doth  reprove  the 
fluggifh  idlenefs  of  fome,and  flatly  detefts  the  difloyaky  of  others, 
for  that  they  failed  to  perform  their  duty  herein.  But  it  pleakd 
God,  taking  Comraiferation  of  the  diftrefs  of  his  People,  in  this 
manner  to  fupply  the defe&s  of  the  ordiaary  Magiftrates. 

Rehoboam  the  Son  of  Solomon,  refufed  to  disburthen  the  People  LKm8  1Z'  6> 
of  fome  unneceiTary  impolts  and  burthens  *,  and  being  Petitioned  G* 
by  the  People  in  the  general  AlTembly  of  the  States*  He  grew  info- 
lent^  and  relying  on  the  Conn fe I  of  hu  Minions^  arrogantly  threat  em 
to  lay  heavier  burthens  on  them  hereafter.  No  man  can  doubt,  but 
that  according  to  the  tenour  of  the  Contract,  firft  pafTed  between 
the  King  and  the  People,  the  prime  and  principal  Officers  of  the 
Kingdom  had  authority  toreprefs  fuch  Infolence.  They  were  on- 
ly blameable  in  this,  that  they  did  thac  by  faction  and  divilion, 
which  fhouid  more  properly  have  been  done  in  the  general  Af* 
fembly  of  the  States  •,  in  like  manner,  in  that  they  transferred  the 
Scepter  from  J*da  (which  was  by  God  only  conhVd  to  that 
Tribe )  into  another  linage  •,  and?1fo,  (as  it  chances  in  other  af- 
fairs )  for  that  they  did  ill  and  diforderly  manage  a  juit  and  law- 
ful eanfe.  Prophage  Hiftories  are  full  of  fuch! Examples  in  other 
Kingdoms. 

T  2  BrHtta 


Bfe 


(  HO  ) 
Brutus  General  of  the  Soldiers,  and  Lucretius  Governour  of 
Tfttui  Ltttu  the  City  of  Rome,  afllmbled  the  People  againft  Tarqmnius  Super- 
bus,  and  by  their  Authority  thruft  htm  from  the  Royal  Throne  : 
Nay,  which  is  more,  his  Goods  are  Con Efca ted  j  whereby  it  ap- 
pears that  if  Tarqmnitui  had  been  Apprehended,  undonbtedly 
he  fhould  have  been  according  to  the  publique  Laws,  corporally 
punifhed. 

The  true  caufes  why  Tarquinius  wss  depofed,  were  becanfe  he 
altered  the  Cuftom,  whereby  the  King  was  Obliged  to  Adrife 
with  the  Senate  on  ail  weighty  Aft*airs,that  he  made  War  &  Peace 
according  to  his  own  fancy  *,  that  he  treated  Confederacies  with- 
out demanding  Gounfel  or  Qonfent  from  the  People  or  Senate  *, 
that  he  violated  the  Laws  whereof  he  was  made  Guardian^briefly 
that  he  made  no  reckoning  to  obferve  the  Contracts  agreed  be- 
tween the  former  Kings,  and  the  Nobility  and  People  of  Rome: 
For  the  Roman  Emperors,  I  am  fure  you  remember  the  Sentence 
pronounced  by  the  Senate  againft  Nero,  wherein  he  was  judged  an 
Enemy  to  the  Common-wealth,  and  his  Body  condemned  to  be 
ignominioufly  caft  on  the  Dung- hill  :  And  that  other  pronounced 
againft  Vitellwh  which  adjudge  him  to  be  flnmefully  dif-mem- 
hred,  and  in  that  miferable  eftate  trayled  through  the  City,  and 
at  Iaft  put  to  death:  Another  ag2.'mft.Jlrfaximinius,  who  was  defpoild 
of  the  Empire  j  and  Maximns  and  Albinus  Eftablifhed  in  his  place 
by  the  Senate.  There,  might  alfo  be  added  many  others  drawn 
from  unqueftionable  Hiftorians. 

The  Emperour  Trajan  held  not  himfelf  exempt  from  Laws, 
neither  defired  he  to  be  fpared  if  he  became  a  Tyrant^for  in  deli-* 
vering  the  Sword  unto  the  great  Provoft  of  the  Empire,  he  favs 
Bnto  him  \  If  1  command  as  I  fhoidd,  ufe  this  Sword  for  me  :  but  if  I 
-  da  itkerwaySf  mflieatb  it  againft  me.  In  like  manner  the  French 
by  the  Authority  of  the  States,and  foliated  thereunto  by  the  Offi- 
cers of  the  Kingdom,  depofed  Childericl^  the  firft,  Sigisbert, 
Theodorkkj  and  Childerick^the  third,  for  their  Tyranies,  and 
chofe  others  of  another  Family  to  fit  on  the  Royal  Throne.  Yea, . 
they  depofed  fome  becaufe  of  their  Idlenefs  and  want  of  Judgment, 
who  expofed  the  State  in  prey  to  Panders,  Courtefants,  Flatte- 
rers, andfuch  other  unworthy  Mufhromes  of  the  Court,  who  go- 
verned all  things  at  their  pleafure  ;  taking  from  fuch  rnfh.JjWW* . 
tfce .  Bt^dk  of  Government*,  left  the  whole  body  of  the  State  and 

People. 


(I4i) 

people  fhould  be  confamed  through  their  unadvi  fed  Felly '. 

Amon^ftorhers,  Tkeedoret  was  Degraded  becaufe  of  Ebtoiniii 
'Vagobert  for  Pltftude  and  Thibdnd  his  Pander,  with  fome  others : 
the  Eftatesefteeming  the  command  of  an  effeminate  Prince,  asin- 
iupportable  as  that  of  a  Woman,  and  as  unwillingly  fupporting 
the  yoke  of  Tyranous  Minifters  managing  affairs  in  the  name  of 
fc-loofe  and  unworthy  Prince,  as  the  burden  of  a  Tyrant  alone. 
To  he  brief,  no  more  fuffering  themfelves  robe  Governed  by  one 
•poiTi  (Ted  by  a  Devil,  than  they  would  by  the  Devil  himfelf.     It 
is  not  very  long  ilnce  the  Eltates  compelM  Levou  the  Eleventh  (a 
Prince  as  fubtile-.and  it  may  be  as  wilful  as  any)  to  receive  Thirty 
lix  Overfeers,  by  whofe  advice  he  was  bound  to  Govern  the  af- 
fairs of  State.  The  descendants  from  CharUmaine  fubftituted  in 
the  place  of  the  Aferovingiens  for  the  Government  of  theKing- 
dom,or  thofe  of  Ctfp*f,fupplantingtheCW/fm**'/7j  by  order  of  the 
Eftates,  and  Raigning  at'thisday*  have  no  other  nor  better  right 
£0  the  Crown,  than  what  we  have  formerly  defcribed  ^and  it  hath 
ever  been  according  to  Law  permitted  the  whole  body  of  the  Peo- 
ple, reprefented  fey  the  Counfelof  the  Kingdom,  which  are  com- 
monly called  the  Aflembly  of  the  States,  to  depofe  and  eftabli/h 
Princes*  according  to  the  neceflities  of  the  Common  wealth.  Ac- 
cording to  the  fame  rule  we  read  xiizx.  Adolph  was  removed  from 
the  Empire  of  Germany  Anno  1296.  becaufe  for  covetoufnefs  with.  Anno  1296. 
out  any  jnft  occafion,  he  Invaded  the  Kingdom  of  France,  in  fa- 
vour of  the  EngUjh^iA  Wencejlaus  was  alfodepofed  in  the  year  of 
our  Lord  1400.   Yet  were  not  thefe  Princes  exceeding  bad  ones,      H^©- 
but  ofthenumberof  thofe  which  are  accounted  lefs  ill.  Elizabeth  F    .-   ,,^ 
the  Wife  of  Edward  the  II,King  of  E«£/W,Aflembled  the  Par  lia-  Cap.7,      ' *'   ~~ 
jnentagainfl  her  Husband,  who  was  there  depofed,  both  becaufe 
fteTyramVd  in  general  over  his  Subjects ;  asalfo  for  thatheCut  Read  the 
off  the  Heads  of  many  Noble  Men,  without  any  juit  or  legal  pre-  manner  of 
(Deeding-   It  is  not  long  lince  Chrifturne  loft  the  Crown  of:^^thedeP°f^g 
nthrkj  Henry  that  of  Sweden,  Mary  Sf*a?*r^that.of  Scotland-,  for  j£  fc^d 
the  fame,  cr  near  refembling  occafions  :  And  themoft  worthy  Ki- 
Ileries  relate  divers  Alterations  and  Changes  which  have  happen- 
ed^ like  manner,  in  the  Kingdoms  of  Polonidy  Hnngarie,  Spaing 
TcriHgal)  Bohemia^  'and  others. 

But  what  fhall  we  fay  of  the  Pope  himfelf?  It  is  generally  held  ^}  *^*^ 
that  the  Cardinals,  becaufe.they  da£Iec~t  him,  orifrjiey  fey  I  in  f^'-mlj}  i^Tr, 

their 


( i42 ) 


conjlL  Paul,  their  duty>  the  Patriarchs  which  are  next  in  rank  to  them,  may 
de  Caftro,  vel  upon  ccrt3in  occafions  maugre  the  Pope,  call  a  Council,  yea,  and 
"nclp'vlfo'12  lnK  judge  him  ',  as  when  by  fome  notorious  offence  he  fcandali- 
piuAo  7.eth  the  univerfal  Church  •,  if  he  be  i:icorrigibIe,if"  reformation  be 

as  ncceflary  in  the  head  as  the  member  if  contrary  to  his  Oath  he 
refufe  to  call  a  general  Council :    And  we  read  for  certain,  that 
Mar.  louden/,  divers  Popes  have  been  depofed  by  general  Councils-  i>ut  if  they 
im  tra'ci.  dc '  obilinatcly  abufe  their  Authority,  there  muft  (faith  BMtu)  firftf 
^-%Tl"  ^  ^e  u*"ec* veiDa*  Admonitions  \  fecondly,  herbal  Medicaments  or 
VeciJini'uc-  Remedies  •,  thirdly?  Stones  or'Compulfion  •,  for  where vertue  and 
dam  confiUo  fair  means  have  not  Power  to  periwade,  there  force  and  terror 
cujus  verba     muft  be  put  in  ure  to  compel.  Now  if  according  ro  the  opinions  of 
fuerunt.         moft  of  the  learned,  by  decrees  of  Councils,  and  by  cuRom  i  1  like 
int'  f*n'    occa*i°nsi  lt  plainly  appears,  that  the  Council  any  depofe  thei- 
*hb.  /.cap  6  Pope,  who  notwithilanding  vaunts  himfelf  to  be  the  King  of1' 
Bald.mcJtim.  Kings,  and  as  much  in  Dignity  above  the  Em perour,  as  the  Sun  * 
cvl,  penul.  de  is  above  the  Moon,  affuming  to  himfelf  Power  to  depofe  Kin§4  \ 
rejeri.  in  De-  anc|  Emperours  when  he  pleafeth.   Who  will  make  any  doubt  or ' 
Bon?/.*  de     3ueition,that  tn€  general  Afiembiy  of  che  Eftates  of  any  Kingdom^ 
major  (^  oled.  w^°  are  ^e  reprefentative  body  thereof,  may  not  only  degrade 
*  and  difthronize  a  Tyrant;  but  alfo,  even  dif-authorize  and  depofe 
2  King,  whofc  weaknefs  or  folly,  is  hurtful  or  pernicious  to  the ri 
State. 

s,    .,  Bat  let  us  fuppofe,  that  in  this  our  Ship  of  State,  the  Pilot  is 

drunk,  the  molt  of  his  Afibciates  are  afleep,  or  after  large  and  un- 
reafonabl  tipling  together?  they  regard  their  eminent  danger  in 
approaching  a  Rock,  with  idle  and  negligent  jollity ;  the  Ship  in 
the  mean  ieafon  inftead  of  following  her  right  courie,  that  mightf 
ferve  for  the  belt  advantage  of  the  owners  profit,is  ready  rather  to 
fplither  felf.  What  Ihould  then  a  Matters-  mate,  or  fome  othei 
Wnder-officer  do,  who  is  vigilant  and  carefnl  to  perform  his 
duty  ?  Shall  it  be  thought  fufficient  for  him  to  pinch  or  potrre 
them  which  are  atleep,  without  daring  in  the  mean  time  to  put 
his  helping  hand  to  preferve  the  Vellel  which  runs  on  a  courfe 
to  deftruttion^leaft  he  mould  be  thought  to  intermeddle  with  thaif 
which  he  hath  no  Authority  nor  warrant  to  cjo  ?  What  mad  dif- 
cretion,n-y,rather  notorious  impiety  were  this  ?  Seeing  then  thai 
Tyranny,as  PUto  faith,  is  a  drunken  frenfle  or  frantick  drunken 
Flati\Hb.%  &  j-  jj-  tfe  prince  endeavour  to  mine  the  Common- wealth,  anc, 
9.  dft&rt.  ih|H! 


(  14?  J 

the  principal  Officers  concur  with  him  in  his  bad  purpofes,  or  sc 
the  leaftarekildinadull  and  drowfie  dream  of  fecurity,  and  the 
people  (being  indeed  the  true  and  abfolute  Owner  and  Lord  of  the 
State)  be  through  the  pernicious  negligence  and  fraudulent  conni- 
vency of  thofe  Officers  brought  to  the  very  brim  of  danger  and  de- 
duction, and  that  there  be  notwithffonding  amongft  thofe  un- 
worthy Minifters  of  State,  fomeone  that  doth  ftudioufly  obferve 
the  deceitful  and  dangerous  encroachments  of  tyranny ,  and  from 
his  foul  dctcfts  it-  What  oppofition  do  we  fuppofe  bell  befits 
fuch  a  one  to  make  againft  it  ?  Shall  he  content  himfelf  to  admo- 
nifh  his  aflbciates  of  their  duty,  who  to  their  utmoft  ability  en- 
deavour the  contrary  ?  Befides,  that  fuch  anadvertifement  is  com- 
monly accompanied  with  too  much  danger,  and  the  condition  of 
the  times  confidered,  the  very  foliating  of  reformation  will  be 
held  as  a  capital  crime:  fo  that  in  fo  doing  he  may  be  not  unfit-  Simile^ 
$  referabled  to  one  that  being  in  the  mid  It  of  a  defer  t,  environed 
with  Thieves,  fhould  neglect  all  means  of  defence,  and  after  he 
had  call:  away  his  Aims,  in  an  eloquent  and  learned  difcourfe 
:ommend  juflice,  and  extol  the  worth  and  dignity  of  the  Laws. 
This  would  be  truly  according  to  the  Proverb,  To  rm  tmd  with 
^eafvn.  What  then  ?  Shall  he  be  dull  and  deaf  to  the  groans  and 
nriesof  the  people  ?  Shall  he  Hand  ftill  and  be  filent  when  he  fees 
;he  Thieves  enter  ?  Shall  he  only  hold  his  hands  in  his  bofome,  L'3-  &'- , 
Hid  with  a  demure  countenance,  idlely  bewail  the  miserable  con-  2jJJe5-el,Tf 
Jitionof  the  times?  If  the  Laws  worthily  condemn  a  Soldier,  DU<te  reVi- 
Arhich  for  fear  of  the  Enemies  counterfeits  ikknefs,  becaufe  in  lo  ut. 
Joing  he  exprefleth  both  difloyalty  and  treachery.  What  punifii- 
Ticnt  can  we  invent  fufficient  for  him,  who  either  malicioufly  or 
Defely  betrays  thofe  whofe  protection  and  defence  he  hath  abfo- 
utely  undertaken  and  ftvorn  ?  Nay  rather  than  let  fuch  a  one 
rfully  cail  one.  and  command  the  Marriners  to  the  perform- 
irce  of  their  duty  :  let  him  carefully  and  conftsmly  take  order  that 
he  Common  wealth  be  noc  indamaged,  and  if  need  fo  require, 
:ven  indefpightof  the  King^refervetheKingdon^without  which 
:he  kingly  title  were  idle  and  frivolous,  and  if  by  no  other  means 
it  cgn  be  effected,  let  him  take  the  King  and  bind  him  hand  and 
"oot,  that  fo  he  may  be  more  conveniently  cured  of  his  frenfie  and 
nadnefs.  For  as  we  have  already  faid,  all  the  adrmniftration  of 
he  Kingdom,  is  not  by  the  people  abfolutely  rcfigned  into  the 

h?nd'j.  , 


(  144  ) 


Cirtb.igin. 
C<cneil.DoBt- 

ret  Fon::fisii. 


t.  3.  D-  4i 

adrnintjl.  & 
ftric.  tutor, 
fffcur.  hlf.  3. 
D.de  fuffeH. 
tut,  €>  6ur\j. 


hands  of  the  King  ;  as  neither  the  Bilhopriek,  nor  care  of  the  uni* 
verfal  Chnrch,  is.totally  committed  to  the  Pope :  bat  alfo  to  the, 
care  and  cuftody  of  all  the  principal  Officers  of  the  Kingdom. 
Now  for  the  preferving  of  peace  and  concord  amongft  thofe  which 
govern*  and  for  the  preventing  ofjeaioufies,  factions, and  diftrufts 
amongft  men  of  equal  rank  and  dignity,  the  King  was  created 
prime  and  principal  Superintendent  in  the  government  of  the 
Common  wealth-  The  King  ("wears  that  his  moft  ipecial  care 
frail  be  for  the  welfare  of  the  Kingdom-,  and  the  Officers  of  the 
Crown  take  all  the  fame  Oath.  If  then  the  King?  or  divers  of  them 
falilfying  their  faith,  ruinethe  Common-weal -h,  or  abandon  her 
in  her  greateflneceility,  muftthe  reft  alfo  trfhion  themfelves  to 
their  bafecourfes,  and  quit  all  care  of  the  Scares  fattty  ;  asifthe- 
bad  example  of  their  companions,  obfolved  them  from  their  oath 
of  fidelity?  Nay,  rather  on  the  contrary,  in  ieeing  them  neglect 
their  promife,  they  fhall  beft  advantage  the  Common- wealth  ia, 
carefully  obferving  theirs :  chiefly  becaufe  for  this  reafon  they  were 
inftituted,as  in  the  (leads  of  Epbori^  or  publick  Controlers,  and  for 
that  every  thing  gains  the  better  eftimation  of  juft  a'nd  right  ia. 
that  it  is  mainly  and  pricipally  addreifed  to  that  end  for  which 
it  was  Grit  ordained. 

Furthermore,  if  divers  have  joyntly  vowed  one  and  the  fame 
thing,  is  the  obligation  of  the  one  annihilated  by  the  perjury  of 
the  other  ?  If  many  become  bound  for  one  and  the  fame  fu mm, 
can  the  bankrumpting  of  one  of  the  Obligees  quit  the  reft  of  their 
ingagement  ?  If  divers  Tutors  adminifter  ill  the  goodsof  rhcir  Pu- 
pil, and  that  there  be  one  amongft  them  that  makes  confeience' 
of  his  actions,  can  the  bad  dealing  of  his  companions  acquit  him  ? 
Nay  rather  on  the  contrary,  he  cannot  free  himfelf  from  the  in* 
famyof  perjury,  if  to  theutmoft  of  his  power  he  do  not  truly 
difebarge  his  truft,and  perform  his  promife tneither  can  the  othefa& 
defalliancy  beexeufed,  in  the  bad  managingof  the  tutorfhip,  if 
they  1  ike  wife  accufe  not  the  reft  that  werejoyned  with  them  in 
theadminiftration,  for  it  is  not  on!/  the  principal  Tutor  that 
may  call  to  an  account  thofe  which  are  fufpected  to  have  unjuft- 
ly  or  indifcreetly  ordered  the  Affairs  of  their  Pupil,  rue  even 
thofe  which  were  formerly  removed,  may  alfo  upon  juft  occafi- 
on  dikhargeand  remove  the  delinquents  therein.  Therefore  thofe 
which  are  obliged  to  ferve  a  whole  Empire  and  Kingdom,  as  the 

Confhble, 


(  1*45  > 

Conftable,  Marfh. Is,  Peers  and  others,  or  thofe  which  have  par- 
ticular obligation?  to  fome  Provinces  or  Cities,  which  make  a 
part  or  portion  of  the  Kingdom,  as  Dukes,  MarquiiTes,  Earls, 
Sheriffs,  Mayors  and  the  reft,  are  bound  by  the  duty  of  their 
place,  tofuccourthe  Common-wealth,  and  to  free  it  from  the 

I  burden  ot  Tyrants,  according  to  the  rank  and  place  which  they 
hold  of  the  People  next  after  the  King.  The  firft  ought  to  deliver 
the  whele  Kingdom  from  tyrannous  OppreiTion  5  the  other  as  Tu- 
tors, that  pirt  of  the  Kingdom  whofe  Protection  they  have  un- 
dertaken ;  the  duty  of  the  former  is  to  fupprcGs  the  Tyrant,  that 
of  the  latter,  to  drive  him  from  their  confines.  Wherefore  Mat- 
tathias  being  a  principal  man  in  the  State,  when  fome  bafely 
connived,  others  perritioufly  conforted  with  Antiathiis  the  ty- 
rannous Oppreffbr  of  the  Jew:]b  Kingdom,  he  couragioufly  op- 
pofing  the  manifeft  OppreiTion  both  of  Church  and  State,  in- 

u  courageth  the  People  to  the  taking  of  Arms,  rrith  thefe  words?  l  M^hafc,  3« 
Let  us  refiore  the  decayed  Eft-ate  of  our  People,  and  let  hi  fight  for  V" 
our  People,  and  forth  Srf##tfrfry.Whereby  it  plainly  appears,  tJ1.1t 
rot  for  Religion  only,  but  even  for  our  Cour.trey,  and  our  pof- 
feflions,  we  may  fight  and  take  Arms  againft  a  Tyrant,  as  this 
jititiochusvtas.  For  the  Machabite s  are  not  by  any  questioned, 
or  reprehended  for  conquering  the  Kingdom,  and  expel-iug  the 
Tyrant,  but  in  that  they  attributed  to  themfelves  the  Royal  Dig- 
nity, which  only  belonged  by  God's  fpecial  appointment,  to  the 
Tribe  of  Judah. 

Humane  Hiftories  are  frequently  ftored  with  Examples  of  thfs  „  f 

kinds  Arbafbut  Governour  of  the  Medes,  killed  efteminare  S*r"'fjj^*-/4  \ 
danapalus,  fpinning  amongft  Women,  and  fportingiy  diftributing  capt  3-/  ' 
all  the  treafures  of  the  Kingdom  amongft  thoTe  his  loofe  Com- 
panions. Vitidex  and  Galba  quit  the  party  of  Ncro^zz  though  r 

-Senate  connived, and  in  a  fort  fupported  his  Tyranny,  and  drew 
with  them  Gallia  and  Spain,  being  the  Provinces  whereof  they 
were  Governours. 

But  amongft  all,  the  Decree  of  the  Senate  of  Sparta  is  moll:  no- 
table, and  ought  to  pafs  as  an  undeniable  Maxim  amongft  all 
Nations. The  Spartans  being  Lords  of  the  City  Biz.*ntium-,  fent 
Okarchui  thither  for  Governour  and  Commsncler  for  the  Wars  \ 
who  took  Corn  from  the  Citizens,  and  diftributed  it  to  his  Soi- 
dkrs.Inthe  mean  time  the  Families  of  the  Citizens  died  for  hun- 

U  gcr, 


(  M*  ) 
ger;  j4n4x'd*us  a  principal  man  of  the  City,  difdairiing-t&at 
tyrsncns  ufi;ge,  entred  into  treaty  v,\ih  AlcibUdcs  to  deliver 
'  up  the  Town:  who  fhorcly,  after  was  received  into  it.  Anuxi- 
lads  being  acciifed  at  Spurt*  for  the  dilivery  of  Biz^antium^ leaded 
his  caufe  himfelf,  and  was  there  acquit  by  the  Judges ;  for  (faid 
they)  Wars  are  to  be  made  with  Enemies,  rnd  not  with  Nature. 
Nothing  being  more  repugnant  to  Nature,  than  thatthofe  which 
sre  bound  to  defend  a  City,  ihonld  be  more  cruel  to  the  Inhabi- 
tants, £&an  their  Enemies  that  befiege  them- 

This  was  the  opinion  of  the  Lacedemonians,  certainly  juft  Ru- 
lers, neither  can  he  be  accounted  a  juft  King,  which  approves 
not  this  femence  of  Abfolution  j  for  thofe  which  delire  to  go- 
vern according  to  the  due  proportion  of  Equity  and  Realon,take 
into  cnfideration,as  well  what  the  Law  inflicts  on  Tyrants,  as  al- 
fo,whatare  the  proper  rights  and  bounds,  both  of  the  Patritian 
and  Plebeian  orders.  But  we  mult  yet  proceed  a  little  further : 
There  is  not  fo  mean  a  Mariner,but  mult  be  ready  to  prevent  the 
lhipwrackof  the  Vefltl,  when  either  the  negligence  or  wilful- 
nefs  of  the  Pilot  calls  it  into  danger.  Every  Magistrate  is  bound 
to  relieve,  and  as  much  as  in  him  lies,  to  redrefs  the  miferies  of 
the  Common-wealth,  if  he  mail  fee  the  Prince,  or  the  principal 
Officers  of  State  his  aflbciates,  by  their  weaknefs  or  wkkednefs, 
to  hazard  the  mine  thereof}  briefly,  he  muft  either  free  the 
whole  Kingdom,  cratleaft  that  portion,  efpecially  recommen- 
ded to"  his  care,  from  their  imminent  and  incroaching  Tyranny. 
But  hath  this  duty  proper  relation  to  every  one  ?  Shall  it  be  pler- 
mitted  to  Hendomm  S>ibir.ns,  to  EnnuiStiratais,  or  to  the  Fencer 
Spartanus ;  or  to  be  brief>  to  a  meer  private  Perfon  to  prefent 
the  bonnet  to  flaves»  put  Arms  into  the  hands  of  fubjects,  or  to 
joyn  battle  with  the  Prince,  although  he  opprefs  the  People  witr^ 
Tyranny?  No  certainly,  the  Common-wealth  was  not  given" 
in  charge  to  particular  Perfons,  confidercd  one  by  one;  but  on  the 
contrary,particulars  even  as  Papifls,  are  recommended  to  the  care 
of  the  principal  Officers  and  Magiitrates-,  and  therefore  they  aie 
'  not  bound-to  defend  tfie  Common  wealth,  which  cannot  defend 
t.  2.  de  Sedi-  themfelves.  God  nor  the  People  have  not  put  the  fword  into  the 
*">/*'•  hands  of  particular  Perfons-,  therefore,  if  without  Comm  ;  d- 

ment  they  draw  the  Sword,  they  are  feditious,  although  the  caufe 
kern  never  fo  juft. 

Further- 


f  .147) 

Furthermore?  the  Prince  is  not  eftablifht  by  private  and  parti- 
cular Perfbns,  bur  by  all  in  general  confidercd  in  one  in  tire  bo- 
dy; whereupon  it  follows,  that  they  are  bound  to  attend  the 
commandment  of  c-.ll,'  to  wit,  of  thote  which  are  the  representa- 
tive body  of  a  Kingdom,  or  of  a  Province,  or  of  a  City,  or  at  the 
leaftof  fome  one ot  them, before  chey  undertake  any  tiling  agiinft 
the  Prince.  For  as  a  Pupil  cannot  bring  an  action,  but  being  a-  Li  g./.0  £>.,£•. 
vowed  in  the  name  of  his  Tutor,  although  the  Pupil  he  iadeed  au&o.  6"  con/. 
the  true  Proprietor  of  the  Eftate,  and  the  Tutor  only  bvpjrier  tut.&  cur. 
with  reference  to  the  charge  committed  unto  him  ;  !o  likeuufe 
the  People  may  not  enterprife  actions  offuch  nature,  but  by  f^c 
command  of  thofe,  into  whofe  hands  they  have  reiigne-  ci^ir 
power  and  Authority,  whether  ihdy  be  ordinary  Magistrates,  or 
extraordinary,  created  in  the  Aflembly.of  the  Eilatcs ;  hohx,  if 
I  may  fo  fay. for  that  purpofe,  they  have  girded  with  their  Sword, 
and  invefted  with  Authority,  both  to  Govern  and  Defend  therm  setuealib  i  d* 
Eftablifnt  in  the  fame  kind  as  the  Pretor  at  R<wte<,  who  determi-  geftf^c- 
ned  all  differences  between  Mifters  and  their  Servants*  to  the  end 
that  if  any  Controverfie  happened  between  the  King  and  the  Sub- 
jects, they  fhould  be  Judges  and  prefervers  of  the  Right,  left  thy 
Subjects  mould  aflame  power  to  themfeives  to  be  Judges  in  their 
own  Oaufes.  And  therefore  if  they  were  oppreft  with  Tributes,  & 
unreafomble  Impofts  •,  if  any  thing  were  attempted  contrary  to 
C3venant  and  Oath,and  no  Magiftrate  oppofed  thofe  unjulf.  pro- 
ceedings-, they  raiift  reft:  quiet,  and  fuppofe  that  many  times  the 
beftPhyfitions,  bo:hto  prevent  and  cure  fome  grievous  Difeafe, 
do  appoint  both  letting  BIood,evacuation  of  Humors.and  lancing 
oftheFlefh  •,  and  that  the  Affairs  of  this  World  are  ofth:t  nature, 
th3t  with  much  difficulty*  one  Evil  cannot  be  remedied  with- 
out the  adventiningiif  not  the  fufFering  of  another  ;  nor  any  Good 
.be  achieved,  without  great  pains.  They  have  the  example  of  the 
Peopie  of  Jfrael,  who  during  the  Reign  of  Solomon,  refnfed  not 
to  pay  thofe  exceiTive  Taxes  impofed  on  therm  both  for  the  build- 
ins  of  the  Temple,  and  fortifying  of  the  Kingdom*  becaufeby  a 
general  Confent  they  were  granted  for  the  promulgation  of  the 
Glory  ot  God,  and  for  an  Ornament  and  Defence  of  the  publick 

State. 

They  have  alfo  the  example  of  onr  Lord  and  Saviour  Jefus 
Chriit>  who  though  he  were  King  of  King?  >   notwithstanding 

U  2  becaufe 


becaufehe  converfed  in  this  World  in  another  quality,  to  wit,  of 
s  private  and  particular  man,  paid  willingly,  tribute.  If  theMa- 
giftrates  themfelves  manifcftly  favour  the  Tyranny,  or  at  the 

Job.  54..  ♦  Jeaft  do  not  formally  oppofe  it ;  let  private  men  remember  the 
N  faying  of  Job,  J'h-U  for  the  Sins  of  the  People  God  permits  Hy- 
pocrites to  Reigny  whom  it  is  impoffible  either  to  Convert  or  Sub* 
vert,  if  men  repent  not  of  their  ways,  to  walk  in  Obedience  to 
Gods  Command mentsjfo  that  there  is  no  other  Weapons  to  be  u- 
fed,  but  bended  Knees  and  humble  Hearts.  Briefly,  let  them  bear 
with  bad  Princes,  and  pray  for  better,  perfwading  themfelves, 
that  an  outraglcus  Tyrany  is  to  be  fnpported  as  patiently,  as 
Come  exceeding  darnmage  done  by  the  violence  of  Tempefts, 
or  fome  exceffive  over-flowing  Waters,  or  fomefuch  natural  ac- 
cidents unto  the  Fruits  of  the  Earth,  if  they  like  not  better  to 
change  their  Habitations,  by  retiring  themfelves  into  fome  o- 
ther  Countries.  So  David  fled  into-  the  Mountain?,  and  at- 
tempted nothing  againfl:  the  Tyrant  Saul)  becaufe  the  People 
bad  not  declared  him  any  publick  Magiftrate  of  the  King- 
dom. 

Jefus-Chrift,  whofe  Kingdom  was  not  of  this  World,  fled  into 
Egypt,  and  fo  freed  himfelf  from  the  Paws  ofthe  Tyrant.     Saint 

Rsntj?,.  paid  teaching  of  the  duty  of  particular  Chriflian  men,  and  not 
of  Magiftrates,  teacheth  that  Nero  mufl  be  obeyed.  But  ifall 
the  principal  Officers  of  State,  or  divers  of  them,  or  but  one* 
endeavour  tofupprefs  amanifeft  Tyranny,  or  if  a  Migiftrate. 
feek  to  free  that  Province,  or  Portion  of  the  Kingdom  from  op- 
preflion,  which  is  committed  to  his  Care  and  Cuftody,  provided 
under  colour  of  freedom  he  bring  not  in  a  new  Tyrany,  then 
muft  all  men  with  joynt  courage  and  alacrity,  run  to  Arms,  and 
take  part  with  him  or  them,  and  aflifl:  with  Body  and  Goods,as 
H  God  himfelf  from  Heaven  had  proclaimed  Wars,  and  meant  to-  • 
joyn  Battle  agsinft  Tyrants,and  by  all  ways  and  means  endeavour 
to  deliver  their  Countrey  and  Common-wealth  from  their  Ty- 
ranous  Opprefllon'  For  as  God  doth  oftentimes  chaflife  a  Peo- 
ple by  the  cruelty  of  Tyrants ;  foalfo  doth  he  many  times  punifli 
Tyrants  by  the  Hands  of  the  People,  it  being  a  moft  true  faying, 

j£cclu».  10,  /  verified  in  all  Ages  :   For  the  Iniquities,  Violences,  andWicktdnefs .. 
of  Princes, Kingdoms  are  Tr  an  flat  ed  from  one  Nation,  to  another  }  but 
Tyranny  was  never  of  any  dnrahle.  continnance. 

The 


(  M9  ) 

The  Cent  urUns  and  men  at  Arms  did  freely  and  couragioufly 
execute  the  commandments  of  the  High  Prieft  Jeboiada;  in  fuppr  ef- 
fing the  Tyranny  of  Athjlia.lnl'ike  manner  ail  the  faithful  and  ge- 
nerous lfradius  took  part  and  joy ned  with  the  Afachabites,  as 
well  to  re  eftahlifh  the  true  fervice  of  God,  as  alfo  to  free  and  de* 
liver  the  State  from  the  wicked  and  unjuft  oppreflion  of  Antiocbm^ 
and  God  blefTed  with  happy  fuccefs  their  juft  and  commendable 
enterprize.  What  then?  cannot  God  when  he  pleafeth  ftir  up 
particular  and  private  Perfons,to  ruine  a  mighty  and  powerful  ty- 
ranny ?  He  that  gives  power  and  ability  to  fome  even  out  of  the 
duft,  without  any  tftleorcolourablepretextoflawfulathority  to 
rife  to  the  height  of  Rule  and  Dominion,  and  in  it  Tyrannize  and 
affliftthe  People  for  their  Tranfgreflions  ?  Cannot  he  alfo  even 
from  the  meaneft  multitude  raife  a  Liberator  ?  He  which  enthral'd 
and  fubjetted  the  People  of  Jfrael  to  Jabiu^  and  toEglon,  did  he 
not  deliver  and  enfranchise  them  by  the  hand  olEhub,  Barac  and 
Dcbora,  whilft  the  Magiftates  and  Officers  were  dead  in  a  dull  and 
negligent  extafie  of  fecurity  ?  What  thenfhal!  hinder  ?  You  may 
lay  the  fame  God,  who  in  thefe  days  fends  us  Tyrants  to  correct 
us,that  he  may  not  alfo  extraordinarily, fend  correctors  of  Tyrants 
to  deliver  us  ?  What  if  Akab  cut  offgood  men,  ifjez.«bel  fubborn 
falfe  witnefles  againft  Naboth,  may  not  a  Jehu  be  rais'd  to  exter- 
minate the  whole  line  of  Ahab,to  revenge  the  death  of  Naboth^nd 
tc  cafi  the  body  0/ JeZabel  to  be- torn  and  devoured  of  dogs  ?  Certain-' 
ly  as  I  have  formerly  anfwered,  the  Almighty  is  ever  mindful  of 
his  Juftice,  and  maintains  it  as  inviolably  as  his  mercy. 

But  for  as  much  as  in  thefe  latter  times,  thofe  miraculous  tefti^ 
monies  by  which  God  was  wont  to  confirm  the  extraordinary 
vocation  of  thofe  famous  Worthies,arenow  wanting  for  the  molt 
part :  let  the  People  bead  vis'd, that  in  feeking  to  crofs  the  Sea  dry 
foot,  they  take  not  fome  fmpejfor  for  their  Guide,thatmay  lead 
them  head  long  to  deftruction  (as  we  may  read  happened  to  the 
Jews  *,  and  that  in  feeking  freedom  from  Tyranny,  he  that  was 
the  principal  Inftrumentto  dif-inthrall  them,  became  not  him- 
lelf  a  more  infupportable  Tyrant  than  the  former:  Brieflyjleft  en-* 
deavouring  to  advantage  the  Common-wealth,  they  introduce* 
not  a  common  mifery  upon  all  the  undertakers,  participating 
therein  with  divers  States  o£  Italy,  who  feeking  to  fupprefs  the  ^ 
prefentevil,  added  ajn  acceflion  of  greater  and  more  intolerable 
lervitude.  FiaaUy^- 


0<)0) 

Finally,  that  we  mr;  co.<:  to  [ome  period  of  this  third  que  (li- 
on •,  Princes  are  chofen  by  God,  and  cftablifht  by  the  People; 
as  all  particulars  considered  one  by  one,are  inferiour  to  thePrincc* 
fothc  whole  body  of  the  People  and  Officers  of  Scste3which  reprc- 
fent  that  Body,,  arc  the  Princes  Snperiours.  In  the  receiving  and 
inaugural  ion  of  a  Prince,  there  are  Covenants  and  Contracts  paC 
fcd  between  him  and  the  People, which  are  tacite  and  exprefi^d' na- 
tural or  civil  j  to  wit*  to  obey  him  faithfully  whijft  he  commands 
>uftly,that  he  lerving  the  Common-  wealth,al!  men  (ball  ferve  him, 
thatwhilfl;  he  Governs  according  to  Law,  alllhall  be  fubmitted 
to  his  Government,  ore  The  Officers  of  the  Kingdom  are  the 
Quardians  and  Protectors  of  thefe  Covenants  and  Contracts.  He 
thatmsliciouflyor  willfully  violates  thefe  conditions,isoueftion- 
lefs  a  Tyrant  by  pradice.  And  therefore  the  Officers  of  State  may 
Judge  him  according  to  the  Laws;  And  if  hefupport  his  Tyrany 
by  ftrong  hands,  their  Duty  binds  them,  when  by  no  other 
means  it  can  be  effected,  by  Force  of  Arms  to  fupprefs  him. 

Of  thefe  Officers  there  be  two  kinds,  thofe  which  have'genc- 
rally  undertaken  the  protection  of  the  Kingdom  ;  as  the  Conlla- 
ble,  Marflials,  Peers,  Palatines,  and  the  reir,every  one  of  which 
although  all  the  reft  do  either  connive  or  confort  with  the  Tyra- 
ny ,  are  bound  to  oppofe  and  reprefs  the  Tyrant ;  and  thofe  which 
have  undertaken  the  Government  of  any  Province,  City,  or  put 
of  the  Kingdom,  as  Bukes,  Marquefles,  Earls,  Confuls,  Ma- 
yors, Sheriffs,  ore.  they  may  according  to  Right,  expel  and  d  rive 
Tyrany  and  Tyrants  from  their  Chksy  Confines,  and  Govern- 
ments. 

But  particular  and  private  Perfons  may  not  unfheath  the  Sword 
againft  Tyrants  by  practife,  becaufe  they  were  not  eftabliffit  by 
particulars,  but  by  tie  whole  body  of  the  People.  But  for  Tyrants 
which  without  Title  intrude  themfelves  for  fo  much  as  there  is  no 
contractor  agreement  between  them  and  the  People,  k  is  indif- 
ferently permitted  all  to  oppofe  and  depofe  them  ^  and  in  this  rank 
of  Tyrants  may  thofe  bcrang'd,  who  abufingthe  weaknefs  and 
floathofa  lawful  Prince,  Tyranioufly  infult  over  his  Subjects. 
Thus  much  for  this,  to  which  for  a  more  full  refolution  maybe 
added  that  which  hath  been  formerly  difcourfed  in  the  fecond 
queftion. 

The 


(  i5*  ) 

The   Fourth  QuefHon. 

Wbtthcr  Neighbour  Princes  may,  or  are  Pound  roy  La'vto  aid 
the  Subjects  of  other  Princes,  perftcuted  for  true  Religion^ 
orOpprtffedby  m  An  if  eft  Tyranny. 

WE  have  yet  one  other  queftion  to  treat  of,  in  the  difcuf- 
fing  whereof,  therein  more  ufe  of  an  equitable  judg- 
ment than  ofa  nimble  Apprehenfiorr,and  if  charity  were  but  in  a- 
ny  reafonable-  proportion  prevalent  amonglt  the  men  of  this  age, 
the  difputation  thereof  was  altogether  frivolous ;  but  feeing  no- 
thing in  thefe  days  is  more  rare,  nor  lefs  elteemed  than  Charity  ; 
we  will  fpeak  fomewhat  of  vhis  our  Queition.  We  have  already 
fufficienfly  proved,  That  all  Tyrants,  Whether  thefe  that  feeh  to 
captivate  the  Minds  and  Souls  of  the  People  with  an  erroneous  and 
fupcrftitious  Opinion  in  ir.fi.iter  cf  Religion?  Or,  thefe  that  would 
enthrall  their  Bodies  and  Eft  titer  \xith  tmferakle  Servitude  and  excef- 
frje  Impofitions,  may  juflly  by  the  People,  be  bbth  fupprift  and  est* 
pulft  ?  But  for  fo  much  as  Tyrants  are  for  the  moft  part  fo  cun- 
ning, and  Subjects  feldom  focantelous,  that  the  difeafe  is  hardly 
known,  or  at  the  leafb,  not  carefully  obferved  before  the  Remedy- 
prove  almoft  defperate,  nor  think  of  their  own  defence  before 
they  are  brought  tothofe  ftraights,  that  they  are  unable  to  defend 
themfelves,but  compell'd  to  implore  the  aflhts  nee  of  others :  Our 
3emand  therefore  is,  if  Chr iftisn  Princes  la*\  fully  may,  and  ought 
to  fuccour  thofe  Subjects  which  are  afflicted  for  true  Religion,  or 
oppreft  by  unjuft  Servitude,  and  whole  fufFeringc,  are  either  for 
the  Kingdom  of  Chriil,  or  fonthe  liberty  of  their  own  State? 
There  are  many,  which  hoping  to  advance  their  own  ends,  and 
encroach  on  others  Rights,  that  will  readily  embrace  the  part  of 
the  afflicted,  and  proclaim  the  lawfulnefsof  it  •,  but  the  hope  of 
gain,  is  the  certain  and  only  aim  of  their  purpofes :  And  in  this 
manner  the  Romans, Alexander  the  great>and  divers  others,preten- 
ding  to  fupprefs  Tyrants,  have  oftentimes  enlarged  their  own  li- 
mits. It  is  not  long  fince  we  faw  King  Henry  the  Se6ond  make 
Wars  on  theEmperour  Charles  the  Fifth,  under  colour  of  defen- 
ding 2nd  delivering  the  Proteftant  Princes.    As  alfo  Henry  the 

Eighth 


(   I$2    ) 

Eighth.  King  of  England  was  in  like  manner  ready  to  affifl:  the  Ger* 
mun%,  if  the  Emperour  Charles  mould  moleft  them.  But  if  there 
be  fome  appearance  of  danger j  and  little  expectance  of  profit, 
then  it  is  that  moft  Princes  do  vehemently  difpute  the  lawfulnefs 
of  the  action.  And  as  the  former  cover  their  .ambition  apd  ava- 
rice, with  the  vail  of  charity  and  piety  ,  fo  on  the  contrary  do  the 
orher  call  their  fear  and  cowardly  bafenefs  integrity  and  juftice  5 
although  that  piety  (which  is  ever  careful  of anothers  goodjhave 
no  pact  in  the  counfelsqfthefirftjnor  juftice  ( which  affectionately 
defires  the  eafing  of  a  neighbours  grief)  in  cooling  the  charitable 
Intendments  of  the  later.  Therefore  without  leaning  either  to  the 
one  fide  or  the  other,  let  us  follow  thofe  rules  which  Piety  and -Ju- 
ftice trace  usout  in  matter  of  Religion. 

Firft,  All  accord  in  this,  Tto  there  is  one  only  Church,  whereof 
Jefus  Chrifi  is  the  Head,  the  Members  whereof  are  fo  Vnited  and 
Conjoyned  together,  that  if  the  leaf  of  them  be  offended  or  wronged, 
they  all  participate  both  in  the  harm  and  forrow,  'as  tkroughcut 
holy  Scripture  plainly  appears.  Wherefore  the  Church  is  com- 
pared to  a  Body  ^  now  it  oftentimes  happens,  that  the  Body  is  not 
only  overthrown  by  a  wound.in  the  Arm  or  Thigh,  but  even  alfo 
much  endangered,  yea,  fometimes  kilPd  by  a  fmall  hurt  in  the 
little  Finger.  Vainly  therefore  doth  any  man  vaunt  that  this  Body 
is  recommended  to  his  care  and  cuftody,if  he  fuffer  that  to  be  did 
membred  &  pull'din  pieces  which  he  might  have  preferved  whole 
aud  intire.  The  Church  is  compared  to  an  edifice:  on  which  fide 
ibever  the  building  is  undermin'd,  it  many  times  chances  that  the 
whole  tumblesdown,and  on  what  Rafter  or  piece  of  Timber  foe- 
ver  the  flame  takes  hold,  it  endangers  the  whole  houfe  of  burnings 
he  muft  needs  be  therefore  worthy  of  fcorn,  who  mould  defer  to 
quench  the  fire  which  had  caught  his  Houfe  top,  becaufe  he  dwells 
moft  in  the  Cellar  ;  would  not  all  hold  him  for  a  mad  man  which 
fhould  neglect  by  countermining  to  Fruftrate  a  Mine,  becaufe  it  was 
intended  to  overthrow  that  wall  there,  and  not  this  here. 

Again,  the  Church  is  refembled  to  a  Ship,  which  as  it  failes 
together,  fo  doth  it  fink  together  \  infomuch  that  in  a  Tempeft, 
thofe  which  be  in  the  fore-caftle,  or  in  the  keel,  are  no  more  fe- 
cure  than  thofe  which  remain  at  the  ftern  or  on  the  deck  ;  fo  that 
the  Proverb  commonly  fays,  When  men  run  the  like  hazard  in 
matter  of  danger,  That  they  venture  both  in  one  Bottom.     This 

being 


(M5) 

being  granted  queftionkfs,  whofoever  hath  not  a  felio'tf-feeHrgin 
commiferating  the  trouble,d'.nger,and  d  ftrefs  of theChurch>»s  no 
member  of  that  body,  nor  dome-ftkk  in  the  family  of  JefusChiilt, 
noifyiath  anv  place  in  the 4 rl^of  the  Ccvenart  ofGrace.Hc  w*  hath 
any  fence  of  Religion  in  his  heart,ought  no  more  to  doubt  whether 
be  be  oblig'd  to  aid  the  afflicted  members  of  the  Church,  than  he 
would  beaffiftingto  himielf  in  the  like  diftrefs;  for  the  Union  of 
the  Church  unites  us  all  into  one  body,  and  therefore  everyone 
in  hiscalling  mull;  b:  ready  to  afllft  the  needy,  and  fo  much  the 
more,  willingly*  by  how  much  the  Almighty  hatbbeltowed  a  grea- 
ter Portion  of  his  blc  flings  onus,  which  were  not  conferr'd  than 
we  mould  be  rsade  pofRflbrs  of  them,  but  that  we  mould  be  dif- 
penfers  thereof  according  to  the  ncceffity  of  his  Saints. 

As  this  Ohurch  is  one,  fo  is  Ihe  recommended*  and  given  in 
charge  to  all  Chrifti-n  Princes  in  general,  and  to  every  one  of 
them  in  particular  ,  for  fo  much  as  it  was  dangerous  to  leave  the 
care  to  one  alone,  and  the  Unity  of  it  would  not  by  any  means 
per  .nit,  that  fhefhoutdbedi/ided  into  pieces,  and  every  portion 
affign'd  unto  one  particular ;  God  hath  committed  it  all  intire  to 
particulars,  and  all  the  parts  of  it  to  all  in  general,  not  only  to 
preferve  and  defend  it>but  alfo  to  amplifie  nd  increafe  it  as  much 
as  might  be-  Infomuch  that  if  a  Prince  which  hath  undertaken  the 
care  ofa  Portion  of  the  Church,  as  that  of  Qcrn&ny  and  England, 
and  notwithstanding,  neglect  and  forfake  another  part  that  isop- 
prefleot,  and  which  he  might  fuccour,  hedoub:le(s  abandons  the 
Church,  Chrift  having  but  one  only  Spoufe,  which  the  Prince  is 
fo  bound  to  preferve  &  dcfend-,that  fhe  be  not  violated  or  corrup- 
ted in  any  part,if  it  be  poffiblc-  And  in  the  fame  manner,  ss  every 
private  Perfon  is  bound, by  his  humbleand  ardent  Prayers  to  God, 
to  defire  the  reftoring  of  the  Church  ;  fo  likewife,  are  the  Magi- 
strates tied  diligently  to  procure  the  faroe,with  the  utmoft  of  their 
power  and  means  which  God  hath  put  into  their  hands.  For  the 
Church  ofEphcfus  is  no  other  than  that  of  Cohffus,  but  thefe  two 
are  portions  of  the  univerfal  Church,  which  is  the  Kingdom  of 
Chiift,  theencreafeand  profperity  whereof  ought  to  be  the  con- 
tinual fubject  of  all  private  mens  Prayers  and  defires  ,  but  it  is  the 
duty  of  all  Kings,  Princes  and  Magiftrates,  not  only  to  araplifie 
and  extend  the  limits  and  bounds  of  the  Church  in  all  places  -9  but 
only  to  preferve  and  defend  it  againft  all  men  whatfoever.Where- 

X  fore 


fore  there  was'but  one  Temple  injudea  built  by  5^/o^^^,which  re- 
presented the  unity  of  the  Church  •,  and  therefore  ridiculous  and 
worthy  of  punifhmenr.  was  that  Church-warden,  which  had  care 
only  of  fome  fmall  part  of  the  Church,and  Offered  all  the  reft  to 
bcfpoiled  with  Rain  and  Weather.  In  like  manner,  all  Chriftian 
Kings  when  they  receive  the  fword  on  the  day  of  their  Coronati-  -, 
on;  iolemnly  fwear   to  maintain  the  Catfoplick    or  Univerfal 
Church,  and  the  Ceremony  then  ufed  dorh  fully  exprefs  k,  for 
holding  the  Sword  in  their  hands,  they  turn  to  the  E)ft,  Weft, 
North  and  South,  and  brandifh  it,  to  the  end  that  it  may  be 
known  that  no  part  of  the  World  is  excepted.  As  by  thir  ceremo- 
ny they  aifume  the  Protection  of  the  Church,  it  muft  be  queftion- 
iefs  underftood  ofthe  true  Church, and  not  of  the  falfe  \  therefore 
ought  they  to  employ  the  utmoft  of  their  Ability  to  reform,  and 
wholly  to  rcftore  that  which  they  hold  to  be  the  pure  and  truely 
Chriftian  Church,  to  wit, ordered  and  governed  according  to  the  • 
diieetionof  the  Word  of  God.  That  this  was  the  praclife  of  god- 
ly Princes,  toe  have  their  examples  to  inftruct  us.   'In  the  time  of 
•£_Qiron>  30.  Ez.'ch:M¥ih)u,  of  jW.v^theKifigdcm  of  Ifraei'had  been  a  long  time 
before  infubjection  to  the Aj}yrixn%,to  wit,ever  ilnce  the  KingO/W* 
his  time  ;  and  thereforeif  the  Church  of  Judah  only,  and  not  the 
whole  univerfal  Church  had  been  committed  to  the  Cuftody  of 
Eaeckias'i  and  if  in  the  prefervation  of  the  Churcb,the  famecourie 
were  to  be  heldi  as  in  the  dividing  of  lands,  and  impoflngof  tri- 
bute:-, then  quefrionable  Lz.ektis  would  ftave  contained  himfeif 

•  within  his  own  limits,  especially  then  when  the  exorbitant  Power 

of  the  Ajfyrtans  lorded  it  every  where.  Now  we  read  thathefent 
exprefs  Mefiengers  throughout  IfrasU  to  wit*  to  the  fubjects  of  the 
K:ng.6f  jijfjr'**  to  invite  them  to  come  to  Jcrufalem  to  celebrate 
thePafchalFeaft;  yea,  and  he  aided  the  faithful  lfraelites  of  the 
tribes  of  Ephraimxmd  Manajfss> and  others  the  fubjecls  olthe  Af- 
fyri<ws\  to  ruine  the  high  places  which  were  in  their  quarters. 
2  Kins*  22        Wg  rea^  a|{-0?  that  the  good  King  Jojias  expcll'd  Idolatry,  not . 

:ro0,  '34,  only  ont  of  his  own  Kingdom, but  alfo,  even  out  of  the  Kingdom 
of  Jfrael^  which  was  then  wholly  in  fubjeftion  to  the  King  of  Ajfy- 
rici,  and  no  marvel,  for  where  the  glory  of  God?  and  the  Kingdom 
of  Chrift  are  in  queftion,  there  no  bounds  or  limits  can  confine 
the  zeal  and  fervent  affection  or  pious  and  godly  Princes.  Though 
Ehe  oppofition  be'great3and  the  power  of  the  oppofers  greater ,yet 

the 


& 


->  ■•• 


r  '55 ) 

the  more  they  fear  God.  the  fops  they  will  fear  men.  Thefe  gene- 
rous examples  of  divers  godly  Princes,  have  fmce  been  imitated  by 
fundry  Chriitian  Kings,  by  whofe  means  the  Church  (which  was 
heretofore  restrained  within  the  narrow  limits  of  Paleftine)  hath 
been  fince  dilated  throughout  the  univeriai  World.  Conftamine  &  — 
Licinim  governed  the  Empire  together,  theoBe  in  the  Or?ent,the 
other  in  the  Occident,  they  were  AiTociar.es  of  equal  Power  and         . 
Authority.  And  amongfi  Equals,  as  the  Proverb  is,  There  ts  no^j^''^ 
Command.  Notwithftanding,  becaufe  Licinim  doth  every  where  pCium. 
banifh,  torment,  and  put  to  Death  the  Chriitians,  and  among!! 
them  divers  of  the  Nobility,  and  that  for  aad  under  pretence  of 
Religion.  Confiantine  makes  W;r  againft  him, and  by  torce  com- 
pels him  to  give  free  liberty  of  Religion  to  the  Chriftians }  and 
becaufe  he  broke  his  faith >  and  relapfed  into  his  former  cruelcies, 
he  caufed  him  to  be  apprehended  and  put  to  death  in  the  City  of 
Thejjalonica.  This  Em perours  Piety  was  with  fo  great  an  applaufe 
celebrated  by  the  Divines  of  thofe  times,  that  they  fuppofe  that 
faying  ia  the  Prophet  IftUhj.o  be  meant  by  him  *,  Thn  x ings  foall 
he  Payors  andnurfwg  Fathers  of 'the Church.  After  his  death,the  Ro- 
man Empire  was  divided  equally  between  his  Sons,  without  ad- 
vantaging the  one  more  than  the  other,  Conftans  favoured  the  or*  ^ 
thodox  Chri&tens  .Con  ft  ant  ius  being  the  elder,leaned  to  the  Arri: 
ans,  and  for  that  caufe  banifhed  the  learned  Athanafius  ftomAIex* 
andria-,  the  greateft  profeffed  adverfary  of  the  Arrims.  Certainly, 
if  anyconfiderationin  matter  of  confines  be  abfolutefy  requifite, 
it  muft  needs  be  a mongft  brethren -,  aad  notwithllanding  Conftanf 
threatens  to  war  on  his  Brother  if  he  reftore  not  Ath •  mafias, 
and  had  without  doubt  performed  it,  if  the  other  had  long  defer- 
red the  accomplilbment  of  his  deflre.  And  if  he  proceeded  fo  far 
for  the  reflitution  of  one  B1fhop,had  it  not  been  much  more  likely 
i  and  reafonable  for  him,  to  have  afhfted  a  good  part  of  the  peoplet 
if  they  implored  his  aid  againft  the  tyranny  of  thofe  that  refufed 
them  the  exercife  of  their  Religion,  under  the  Authority  of  their 
M^giftrates  and  Governours  ?  So  at  the  perfwafion  of  Aniens  the  $0?0  ^  ?. 
Biftiop,  TheodifiHs  made  War  on  Cofroes  King  oiPerfia,  to  deliver  cap,  n8. ' 
the  Chriitians  of  his  Kingdom  from  Perfecution,  although  they 
were  but  particular  and  private  Perfons  -,   which  certainly  thole 
moft  juft  Princes,  whoinltituted  fomany  worthy  Laws,  and  had 
fo  great  and  fpecial  care  of  juftice,would  not  hare  done,  if  by  that 

X  2  fa& 


C  i*6  > 

fact  they  had  fuppofed  anything  were  ufurpt  on  another  man? 
right,  or  the  Law  of  Nations  violated.  But  to  what  end  were  fo 
nv-my  Expeditions  undertaken  by  Chriftian  Piinces  into  the  holy 
s  Land  againft  the  Saracens  ?  Wherefore  were  demanded  andraifed 
io  many  of  thofe  Satedine  tenths  ?  To  what  purpofe  w^re  fo  many 
confederacies  made^and  croyfadoes  proclaimed  againft  the  Turks, 
if  it  were  not  lawful  for  Chriftian  Princes,  yea,  thofe  furtheft  re- 
more,  to  deliver  theChurch  of  God  from  the  oppreflion  of  tyrants, 
and  io  free  capiive  Chriftians  from  under  the  yoke  of  bondage  ? 
What  were  the  motives  that  ted  them  to  thofe  Wars.''  What  were 
thereafons  that  urged  them  to  undergo  thoie  dangers?  Bat  only 
in  regard  of  the  Churches  union, Chrift  luramon'd  every  man  from 
ail  parts  with  a  unanimous  confencto  undertake  the  defence  there- 
of? For  all  men  are  bound  to  repulfe  common  dangers  with  a  joynt 
and  common  oppolrion,  all  which  have  a  natural  confent  and  re- 
lation with  this  we  now  treat  of.  If  this  were  lawful  for  them  a- 
giiMt  M '-.hornet,  and  not  only  lawful,  but  that  the  backward  and 
negligent  were  ever  made  liable  to  all  infamous  con tempt,and  the 
forward  and  ready  undertakers  always  recompeneed  with  all  ho- 
nourable refpect  and  reward  according  to  the  merit  of  their  ver- 
ities y  wherefore  not  now  againft  the  Enemy  of  Chrift  &  his  Saints  ?• 
If  it  be  a  lawful  War  to  fight  againft  the  Greeks  (that  I  may  ufe 
that  Phrafe)  when  they  afTail  our  Troy  ;  Wherefore  is  it  unlawful 
t.opuriue  and  prevent  that  incendiary  Stnen}  Finally,  if  it  have 
been  efteemed  an  heroiacalact  to  deliver  Chriftlms  from  corporal 
fervkude,  (for  the  Turks  enforce  none  in  point  of  Religion)  is  ic 
rota  thing  yet  much  more  noble  to  infranchife  and  fet  at  liberty 
i^Blsimprifoaed  in  themifts  of  Error. 

Thefe  examples  of  fo  many  religious  Princes,  might  well  have 
the  directive  power  of  Law.    But  let  us  hear  what  God  bimfelf 
pronounces  in  many  places  of  his  Word  by  the  mouth  of  his  Pro- 
phets, againft  thofe  which  advance  not  the  building  up  of  hrs 
Hfctnft.  -?2.     Church,  or  which  make  noreckoning  of  her  afflictions.  The  Ga. 
•;.ih;,  4,1-2.     dites.ti\\z  Reubenitesy  and  half  tribe  of  Manaffes  defire  of  Aiofes^ 
Ckut.  5. 20.    that  he  would  allot  them  their  portion  on  the  other  fide  of  Jordan. 
Mofa  grants  their  requeft,  but  with  this  provifo  and  condition, 
that  they  feourd  not  only  aflift  their  other  Brethren  thtJ/raeiius 
t&conquer  the  land  of  Canaan^ymi  alfothat  they  ihould  msrch  the? 
%&>&  ferye  as  vauntg.uard  to  the  r.eft,becaufe  they  had  their  por- 
tions 


dons  fir  ft  fet  them  forth,  and  if  they  fail  to  perform  this  Duty, 
he  with  an  Anathema.>de(Unes  ihem  todeftruction,  and  compares 
them  to  thofe  which  were  adjudged  Rebels  at  Cadisbarnea.  And 
what,  fays  he,  your  Brethren  fhall  fight*  and  you  in  the  mean 
feafon  reft  quite  at  home  ?  Nay,  on  the  contrary^you  alfo  fliall  pafs 
Jordan  find  not  return  into  their  Houfes,before  firft  the  Lord  have 
driven  his  Enemies  our  from  before  his  Face?  and  granted  place 
to  your  Brethren  as  well  as  you,  then  fhall  you  be  innocent  before 
the  Lord  and  his  People  Ifrael.  Hefhewsby  this,that  thofe  which 
God  firft  blefleth  with  fo  great  a  benefit, if  they  help  not  their  Bre- 
thren, if  they  make  not  themfelves  fharers  in  their  labours*  com- 
panions in  their  travels,  and  leaders  in  their  dangers,  they  mult 
qoeftionleis  expect  a  heavy  punifhment  to  fall  upon  them- 

Likewife  when  under  the  conduct  of  Deborayi\\e  Niphtalttes  &  Judges  5. 
JSabdonites  took  Arms  againft  the  Tyrant  Jabin  ;  and  that  in  the 
mean  feafon  the  Reubenites,  which  fhould  have  been  firft  in  the 
Field , took  their  eafe  and  played  on  their  Pipes,  whilft  their  flocks 
and  herds  fed  at  liberty  ;  the  Gadites  held  themfelves  fecured  wi  h 
the  rampire  of  the  River ;  the  Dmites  gloried  in  their  command  at 
S*a  •,  and  Ajhttr,  to  be  brief,  was  confident  in  the  difficult  accefs 
of  their  Mountains :  The  Spirit  of  the  Lord  [peaking  by  the  Pro- 
p-hetefs,  doth  in  exprefs  terms  condemn  them  all  •,  Curfe  ye  Me-  Judge*  5.  23. 
ros  (faid  the  Angel  of  the  Lord)  cttrfe  ye  bitterly  the  Inhabitants 
thereof \  becaufe  they  came  not  to  the  hcep  of  the  Lord,  to  the  help  of  the 
Lord  againft  the  Mighty.  ButbUffed  above  Women  ft)  all  J'ael  the  Wife 
<?/ Haber  the  Kcnice  be;  who  though  fire  might  have  alledged  the  al- 
liance which  her  Husband  had  with  the  Canaanitrs,  did  notwith* 
Handing  kill  Sifira  the  Genera  1'of  the  Enemies  Army.  And  there- 
foreVriih  fpeak  Religiouiiy,andlikea  true  Fatrisrfowhen  he  faid  J 
The  Atkjofthe  Lord,and  Ifraer,**</Judah  abide 'in  Tents^.ndmjLord  2  Sam,  1  i.ir, 
Joab,andtbe  Servants  of  my  Lor  (tare  encamped  in  the  open  feldsifhjfr 
1  then  go  into  mine  Hotifefo  eat  and  to  drinks  a  id  to  lie  with  my  vcife? 
&*  thou  live  ft,  and  as  thy  foul  liveth-,  I  will  nor  do  this  thins.   But  On 
the  contrary,  impious  and  wicked  werethePiincesof  Ifrael,  who 
fuppofing  themfelves  fecured  by  tbecraggy  mountains  viSamai  iay 
and  ftrong  fortification  of  Sion,  took  liberty  to  loofe  themfelves 
in  luxurious  feafts,  loofe  delights,  drinking  delicious  wines,  and 
fleeping  in  perfumed  beds  of  Ivory,  defpifingin  the  mean  feafon  Amos  & 
poor  Jefoph-jiQ  wk,the  Lords  flock  tormented  andmiftrably  -vext- 

an 


■-£> 


(-5S) 

on  all  fides,  nor  have  any  companion  on  their  affliction.  The  Lord 

Cod  hath  Jwoyn  by  hin.ftlf^nih  the  LordCodof  Hojls^l  abhor  the  c.x- 
ct/leficy  of  jacobytvd  bate  his  Pallaces ,  therefore  wiH  J  dclivir  uj  tk* 
City,  with  all  that  is  therein^  and  thofe  that  wallow  t km  in  fie. < fares , 
Jljaffbe  the  fir (i  that  pall  go  intoCapuvtty.  Wickedly  therefore  did 
3.  &  1  ?.  thofe  Eyhraimncs,  who  in  ftead  of  congratulating  and  applauding 
the  famous  and  notable  Victories  of  Gideon  and  Jtpta,  did  envie 
and  traduce  them,  whom  notwithftanding  they  had  for  fa  ken  in 
dangers. 

As  much  may  be  faid  of  the  Jfraelites^  who  feeing  David over- 

2  Sam.  <  2.  come  tne  difficulcy  of  his  Affairs,  ar.d  remain  a  peaceable  King, 
Sam.  20.  1 .  fav  aloud  ,W*  «re  thy  ft  ft  and  thy  bones:  And  fome  years  af  ter,feeing 
'  him  imbroil'd  again  in  troubles,  cryed  out,W>  have  no  part  in  Da- 
vid^eitber  have  we  inheritance  in  the  Sen  c/Jefle-  Let  US  rank  alfb 
withthefe,all  thofeC/?r//r/^5inname  cnly,which  will  communicate 
at  the  holy  Table,and  yetrefufeto  take  the  Cup  of  Affliction  with 
their  Brethren,  which  look  for  Salvaion  in  the  Church,  and  care 
not  for  the  fafety  and  prefervation  of  the  Church,  &  the  Members 
thereof.  Briefly,  which  adore  one  and  the  fame  God  the  Father, 
acknowledge  and  avow  themfelves  of  the  lame  houfhold  of 
Faith,a.nd  profefs  to  be  one  and  the  fame  body  in  Jefus  Chrift,  and 
notwithftanding,  yield  no  fuccour  nor  afllftance  to  their  Saviour, 

Nuirb  -  afflicted  in  his  Mcmters.  What  Vengeance  do  you  think  will 
u  .32.  Go^  inflict  on  fuch  Impiety  ?.  Mofes  compares  thofe  which  aban- 
don their  Brethren  to  the  Rebels  of  Cade(l}:bamea  :  Now  none  of 
thofe  by  the  decree  of  the  Almighty,  entred  into  the  Land  of  Ca- 
naan. Let  not  thofe  thf  n  pretend  any  Intereft  in  the  Heavenly 
Canaan,  which  will  not  fuccour  Chrift  when  he  is  Crucified,  and 
fuffering  a  thoufand  times  a  day  in  his  Members  ;  and  as  it  were 
beging  their  Alms  from  door  to  dcor.  The  Son  of  God  with  his 
own  Mouth  condems  them  to  everlafting  Fire  ,  that  when  he  was 
hungryigave  him  no  Meat;  when  he  was  thirfty,gave  him  no  Drink; 
when  he  was  a  Stranger,lodged  him  not;nakcd>and  Cloathed  him 
not  •,  fick,  and  in  prifon,  and  Vifited  him  not;  And  therefore  let 
thofe  expect  punifhments  without  end,  which  lend  a  deaf  Ear* 
to  the  Complaints  and  Groans  of  our  Saviour  Jefus  Chrift,  fuffe- 
ring all  thefe  things  daily  in  his  Members  ^  although  otherwile 
they  may  appear  both  to  others  and  themfelves,  to  be  Jolly  Chri- 
stians, yet  fhall  their  condition  be  much  more  miierable  than  that 

of 


(  *59) 

of  many  infidels.  For  why  ?  were  they  the  Jews  onIy,and  Scribes 
and  Pharifees,  to  fpe3k  properly,  that  Crncified  Chrift  ?  or  were 
they  Ethnicks>  Turks-,or  rome  certain  pernitious  Seels  of  Chrifti- 
ans,which  Crucifie,  Torment,  and  Perfecute  him  in  his  Memhers  ? 
No  certainly,  the  Jews  hold  him  an  Importer,  the  Ethnicfcs  a  ma- 
lefactor,^ Turks  an  Infidel,  the  others  an  Hsretick,  infomuch  as 
if  we  confider  the  Intention  of  thefe  men,  as  the  cenfuring  of  all 
offences  ought  to  have  principal  relation  thereunto,  we  cannot 
conclude  that  it  is  properly  Chrift  that  they  Perfecute  with  fuch 
hatred, but  Tome  Criminal  Pcrfon,  which  in  their  Opinion  deferves 
this  Ufage :  But  they  do  truly  and  properly  Perfecute  and  Cruci- 
fie Chrift  Jeius,  which  profefs  to  acknowledge  him  for  the  Mef- 
y*W,God  and  Redeemer  of  the  Worlds  and  which  notwithftanding 
fail  to  free  him  from  Perfecut ion  and  vexation  in  his  Members, 
when  it  is  in  their  power  to  do  it.  Br  iefly,he  which  omits  to  deliver 
fcis  Neighbour  from  the  handsof  the  Murderer^  when  he  fees  him 
in  evident  danger  of  his  life,  is  queftionlefs  guilty  of  theMur^ 
dcr,  as  well  as  the  Murderer.  For  feeing  he  neglected  when  he 
had  means  to  preferve  his  life,  it  mult  needs  neceflaiily  follow,  Aug.inPfa.12. 
that  hedefired  his  death.  And  in  all  Crimes  the  will  and  intend-  Amb.liki.de 
ment  ought  principally  to  be  regarded.  But  queftionlefs  thefe  Qfie\  . 
Chriftian  Princes,  which  do  not  relieve  and  afilft  the  Irne  Profef-  &*£**  m  ' 
fors,  which  fuffir  for  true  Religion,are  much  more  guilty  of  Mur- 
der than  any  other,  becaufe  they  might  deliver  from  danger  an 
infinite  number  of  People,  which  for  want  of  timely  Succonrs, 
fuffer  death  and  torments  under  the  cruel  hands  of  their  Perfect:- ■• 
ters  :  And  to  this  may  be  added,  That  tofufer  ones  Brother  to  be 
Mnrdcred1  is  a  greater  offence  than  if  he  were  a  Stranaer.  Nay,  I 
fay  further  ,  Thefe  forfektrs  of  their  Brethren  in  their  time  of 
danger  and  diftrefs,  are  more  ,vile-i  and  more  to  be  abhorred  than 
the  Tyrants  themselves  that  Perfecute  them.  For  it  is  much  more 
wicked,  and  worthy  of  greater  punifnment,  to  kill  an  honeft  msn 
that  is  innocent  and  fearingGod(asthofe  which  confent  with  them 
in  the  faith,  mull  of  neceffity  know  the  true  profeflbrs  to  be)  than 
a  Thief,  an  Impofl  or,  a  Magician,  or  an  Heretick,  as  thofe  which 
Perfecute  the  true  Chi  iftianrdo  commonly  believe  them  to-be, 
it  is  a  greater  offence  by  m?ny  degrees  to  ftrivewith  God,  tOfiati 
Man. Briefly, in  one  and  the  fame  action  it  is  a  much  more  grievovi 
Crime?  perfidioufly  to  betray,  than  ignorant: ly  to  offend.  But  m-  7 

tfci-g 


(  i6o  ) 

the  fame  alfo  be  faid  of  them  which  refufe  to  affiH  thofe  that  are 
opprefled  by  Tyranny,  or  defend  the  Liberty  of  the  Common- 
wealth againft  theopprcflion  of  Tyranb?For  in  this  cafe  the  con- 
junction or  confederacy  feems  not  to  be  of  Co  Uriel  a  condition 
between  the  one  and  the  other  •,  here  wefpeak  of  the  Common- 
wealth diveifly  Governed  according  to  the  cufloms  of  the  Coun- 
treys5and  particularly  recommended  to  thefe  here, or  thofe  there  •, 
and  not  of  the  Church  of  God?  which  is  compofed  ofall>  and  re- 
commended to  all  in  general,  and  to  every  One  in  paiticular. 
The  Jew  faith,  our  Saviour  Chrift  is  not  only  Neighbour  to  the 
Jew,  but  alio  to  the  Samaritan,  and  to  every  other  man.  But  we 
ought  to  love  our  Neighbour  as  our  felves  •,  and  therefore  an  If. 
rxlite  is  not  only  bound  to  deliver  an  Ifralue  from  the  hands 
of  Thieves,  if  it  be  in  his  power,  but  every  ftranger  alfo  ;  yea, 
though  unknown,  if  he  will  rightly  difcharge  his  duty  :  Neither 
let  him  difpnte  whether  it  be  lawful  to  defend  another,  which 
believes  he  may  juftly  defend  himfelf.     For  it  is  much  more  juft, 
if  we  truly  confider  the  concomitants,  to  deliver  from  danger 
and  outrage  another  than  ones  felf ;  feeing  that  what  is  done  for 
pure  Charity,  is  more  right  and  allowab!e,than  that  which  is  exe- 
cuted for  colour,  or  defire  of  revenge,  or  by  any  other  tranfport 
of  pafiion  ;  in  revenging  cur  own  wrongs  we  never  keep  a  mean  *, 
whereas  in  other  mens,  though  much  greater,  the  moft  intempe- 
rate will  eafily  obferve  moderation.    Further  more,  the  Heathens 
themfelves  may  teach  us  what  Humane  Society,  and  what  the  Law 
Cicero  lih.\j&  °f  nature  requires  of  us  in  this  bufinefs^  wherefore  Cicero  fays, 
3.  Offic.  That  Nature  being  the  common  M'ther  ofmMan\zindrfrefcribes  and  or ' 

dainSjtkat  every  man  endeavour  and  procure  the  good  of another  what- 
foever  he  be, only  becaufe  he  is  a  man  \  otherwife  all  bonds  of  Society  ^ea 
and  mankind  it  felf '  m* ft  needs  go  to  ruine.  And  therefore  as  Juftice 
built  on  thefe  two  Bafis,  or  Pillars ;  Firft,  that  none  be  wronged  ; 
Secondly ,that  good  be  done  to  all,if  it  be  poflible.  So  alfo  is  there 
two  forts  of  Juftice  ;  the  firft  >  in  thofe  which  offer  injury  to 
their  Neighbours  \  the  fecond,  in  them  which  when  they  have 
means  to  deliver  the  opprefled,  do  notwithftanding  fufFerthem 
to  fink  under  the  burthen  of  their  wrongs:  For  whofoever  doth 
wrong  to  another,  either  mov'd  thereunto  by  aneer,  orany  other 
palfioa,  he  may  in  a  fort  be  truly  (aid  to  lay  violent  hands  on  his 
companion  j  but  he  that  hath  Means,  and  defends  not  the  Af- 

fiifted, 


(,6i) 

flieled,  or  to  his  power  wards  not  the  blows  that  are  ftruckat 
him, is  as  much  faulty,  as  if  he  forfbok  his  Parents,or  his  Friends, 
or  his  Country  in  their  diftrefs.  That  which  was  done  by  the 
firft,  may  Well  be  attributed  toCholer,  which  is  amort  mad- 
nefs  ;  the  fault  committed  by  the  other,  difcoVers  a  bad  mind, 
tind  a  wicked  purpofe,   which  are  the  perpetual  Tormentors 
and  Tyrants  of  the  Conference.     The  fury  bf  the  firil  may  be 
in  fbme  fort  excufed,  but  the  malice  of  the  fecond  admits  no 
colour  of  defence.     Peradventure  you  will  fay,  I  fear  in  aid- 
ing the  one,  1  fhall  do  wrong  to  the  other.    And  I  anfwer, 
You  feek  a  Cloak  of  Juftice  wherewith  to  cover  your  bafe  re- 
mifnels  .-  And  if  you  lay  your  hand  on  your  heart,  you  will 
presently  confefs,  that  it  is  fbmewhat  elfe,  and  not  juftice,  that 
withholds  you  from  performing  your  duty.     For  as  the  fame 
Cicero  fays  in  another  place,  Either  thou  wilt  not  make  the  wrong- 
deer  thine  enemy,  or  not  takf  pains,  or  not  he  at  Jo  mudo  charge,  st 
■elfe  negligence,  fioth,  or  the  hindering  of  thine  own  occafions,  or  the 
crojfing  of  other  purpofis,  takes  thee  off  from  the  defence  ofthofe  Who 
other  Wife  thou  art  bound  to  relieve.     Now  in  faying  thou  only  attends 
thine  »wn  Affairs,  fearing  to  Wrong  another,  thou  falleji  into  ano- 
ther kind  of  injuflice :  for  thou  abandonefi  human  fociety,  in  that 
thou  wilt  not  afford  any  endeavour  either  of  mind,  body,  or  goods,  for 
the  neceffary  prejervation  tJxreof     Read  the  Directions  of  the 
Heathen  Philofbphers  and  Politicians  who  have  written  more 
•divinely  herein,  than  many  Chriftians  in  thefe  days.     From 
hence  alfb  proceeds,  that  the  fyman  Law  defigns  puniflimerit 
to  that  Neighbour  which  will  not  deliver  the  Slave  from  the 
outragious  fury  of  his  Matter. 

Amongft  the  Egyptians,  if  any  Man  had  feen  another  aflail*d  Diofot.  Sicn> 
and  diftrefs'<i  by  Thieves  and  Robbers,  and  did  not  according  '«*,  hi%  e,  2. 
to  his  power  presently  aid  him,  he  was  adjudg'd  worthy  of 
death,  if  at  the  leaft  he  difcover'd  or  delivered  not  the  Delin- 
quents into  the  hand  of  the  Magiftrate.  If  he  Were  negligent 
in  performing  this  duty  for  the  firft  Mulcl,  he  was  to  receive 
a  certain  number  of  Blows  on  his  Body,  >and  to  fed  for  three 
^aystogether.  If  the  Neighbour  be  Co  firmly  dblig'd  in  this 
mutual  duty  of  fuccourto  his  neighbour,  yea,  to  an  unknown 
perfbn  in  cale  he  be  aflaiTd  by  Thieves :  fhall  it  not  be  law- 
ful for  a  good  P/ince  to  aflift,  not  Slaves  to  an  Imperious 

Y  Mailer,    . 


i  riSto  ) 

Made r,  or  Children  againft:  a  Furious  Father;  but  a  King- 
dom againft  a  Tyrant,  the  Common-  wealth  againft  the  pri- 
vate fpleen  of  one,  the  people  fwho  are  indeed  the  true  own- 
ers of  the  StaieJ  again!!  a  manuring  fervant  to  the  publick. 
And  if  he  carelefly,  or  wilfully  omit  this  duty,  deferves  he  not 
himfelf  to  be  efteem'd  a  Tyrant,  and.puniflaed  accordingly, 
as  well  as  the.  other  a  Robber,  which  neglected  to  aflift  his 
TbeucidJio.  i,  neighbour  in  that  danger?  Thntctdides  upon  this  matter  fays. 
That  thofe  are  not  my  Tyrants  which   make,   other  Men  Slaves,  but 
much  more  thofe  ivho  having  means  to  Jupprefs  and  prevent  fuch  oph- 
prtffon,  take  no  care  to  perform  it.     And  amongft  others,  thole 
which  ah1  timed  the  Title  of  Protectors  of  Greece,  and  defen- 
ders of  the  Country :  and  yet  ftir  not  to  deliver  their  Country 
from  opprefnon  of  ftrangcrs,and  truly  indeed.  For  a  Tyrant  is 
in  feme  fort  compel'd  to  hold  a  ftraight  and  tyrannous  hand  Or 
ver  thofe,  who  by  violence  and  tyranny,  he  hath  conftrain'd  to 
obey  him,  becauie  as  Tiberius  (aid,  he  holds  tlje  Wolf  by  the.  ears^ 
whom  he  can  neither,  hold  tvitlwut. pain  and  force,  nor  let  go  without 
danger  and  death.      To   the  end  then  that  he  may    blot  out 
one  fin  with  another  fin,  he  fills  up  one  wkkednefs  to  ano- 
ther, and  is  forced  to  do  injuries  to  others,  left  he  mould  prove 
by  remifhefs  injurious  to  himfelf.     But  the  Prince  which  with 
a  negligent  and  idle  regard  looks  on  the  outragiouinefs  of  a 
Tyrant,  and  the  mafiacring  of  Innocents,  that  he  might  have 
preserved,  like  the  Barbarous  Spectacles  of  the  Roman  Sword- 
plays  is  fo  much  more  guilty  than  the  Tyrant  hiroielf,  by  how 
much  the  Cruel  ar.d  Homicidious  Dire&crs  and  Appointers  of 
thefe  Bloody  Sports,  were  more  juftly  punifhable  by  all  good 
Laws  than  the  poor  and  conftrai nd  Aclors  in  thole  murther- 
ing  Tragedies :  And  as  he  queitioniefsdeferves  greater  puniftj- 
ment,  which  out  of  infblent  Jollity  murthers  one,  than  he  which 
unwillingly  for  fear  of  a  further  harm  kills  a  man.  If  anv  objedt 
that  it  is  againft  reafon  and  good  order  to  meddle  in  the  af- 
fairs of  another  r  I  aniwer  with  the  Old  Man  in  Terrence,  I  am 
a  Man,  and  I  believe  that  all  duties  of  ljumanity  ate  fit  and  convem- 
fompon.de  rev.  *nt  for  me.     If  ethers  Jeekjng  to,  cover  their  b.ifs  negligence,  andcarf- 
lur.  leg.  36.      lefs  unwillingnefs.,  aliedgc  that  bounds  andjurifdiclioits  art.  diflmptifiit 
one  from  another,  and  that  it  is  not  lawful  to  thrufi  ones  Sichje  into  4- 
nothers  Harvefi.    Neither  am  I  alio  of  that  opinion,  that^upon 

any 


f  $8  ) 
anyfuch  colour  or  pretence,  it  is  lawful  for  a  Prince  to  en- 
croach upon  anothersjurifdi&ion  or  right,  or  upon  that  occa- 
iion  to  ufurp  anothers  Country,  and  fo  carry  another  Man's 
Corn  into  his  Barn,  as  divers  have  taken  fiich  ftiadows  to 
mask  their  bad  intentions.  I  will  not  fay,  that  after  the  man* 
ner  of  thole  Arbitrators  which  Cicero  (peaks  of,  thou  adjudge  Ciar.2  ofc+- 
ihe  tilings  in  Controverhe  to  thy  felf.  Burl  require  that  you 
reprefs  the  Prince  that  Invades  the  Kingdom  of  Chrift,  that 
you  contain  the  Tyrant  within  his  own  limits^hat  you  ilrcrch 
forth  your  hand  of  companion  to  the  people  afflicted,  that 
you  raife  up  the  Common- wealth  Ivfng  groveling  on  the 
ground,  and  that  you  fb  carry  your  felf  in  the  ordering  and 
managing  of  this,  that  all  men  may  fee  your  principal  aim 
and  end  was  the  publick  benefit  of  Human  Society,  and  not 
any  private  profit  or  advantage  of  your  own ;  For  feeing  that 
•  Juitice  refpe&s  only  the  publick,  and  that  which  is  withour,and 
injuftice  fixes  a  man  wholly  on  himfelf .-  It  doubtlefs  becomes 
a  Man  truly  honed:  fb  to  difpofehis  anions,  that  every  private 
intercd  give  place,  and  yield  to  publick  commodity. 

Briefly  to  Epitomize  what  hath  been  formerly  laid,  ;f  a 
Prince  outr-agioufly  over-pafs  the  bounds  of  Piety  and  Juftice. 
A  neighbour  Prince  may  juftly  and  religiouily  leave  his  own 
Country,  not  to  invade  and  ufurp  anothers,  but  to  contain  the 
other  within  the  limits  of  Juftice  and  Equity  :  And  if  he  neg- 
led  or  omit  his  duty  heiein,  he  Ihews  himfelf  a  wicked  and 
unworthy  Magistrate.  If  a  Prince  tyrannize  over  the  People, 
a  neighbour  Prince  ought  to  yield  Succours  as  freely  and  wil- 
lingly to  the  People,  as  he  would  do  to  the  Prince  his  Brother 
if  the  People  mutined  againft  him  :  yea,  he  mould  fb  much 
the  more  readily  fuccour  the  people,  by  how  much  there  is 
more  lull  caufeof  pity  to  fee  many  afflicted,  than  'one  alone, 
1  f  Pcrfcn)ia  brought  TarquimusSuperbus  back  to  i^we,much  more 
juftly  might  Conjlantme,  reqikiled  by  the  Senate,  and  Roman 
..people,  expel  NUrencus  the  Tyi'ant  from  Rome.  Briefly ;  if  man 
.become, a  Wolf  to  Man,  who  hinders  that  Man  (according 
to  the  ProverbJ  may  riot  be  in.fr.ead  of,  God  to  the  needy  ? 
And  therefore  the  Ancients  have  rankt  Hercules  amongft  the 
Gods,  becaufe  he  punifhtand  tam'H  "Procrnjies,  Bufins,  and  o- 
ther  Tyrants,  the  Plagues  of  Mankind,  and  Monfters  of  the 

Earth. 


( *64 ) 

Earth.  So  whilft  the  Roman  Empire  retain'd  her  freedom^ 
(he  was  truly  accounted  the  fafe-gnard  of  all  the  World  a- 
gainft  the  violence  of  Tyrants,  becaule  the  Senate  was  the 
Port  and  Refuge  of  Kings,  People,  and  Nations.  In  like 
manner  Conjlawine,  called  by  the  Romans  againft  Maxentiw, 
had  God  Almighty  for  the  Leader  of  his  Army :  And  the 
whole  Church  doth  with  exceeding  Commendations  celebrate 
his  Enterprise,  although  that  Maxentius  had  the  fame  Autho- 
rity in  the  Weft,  as  Cbrijjkantim  had  in  the  Eaft.  Alfb  Char- 
Ictname  undertook  War  againft  the  Lombards,  being  requefted 
fo  aftift  the  Nobility  of  Italy  :  although  the  Kingdom  of  the 
Lombards  had  been  of  a  long  continuance,  and  he  had  nojuft 
pretence  of  right  over  them.  In  like  manner  when  Charles  the 
Bald,  King  of  France,  had  tyrrannoufly  put  to  death  the  Go- 
vernourof  the  Country  between  the  River  of  Seym  and  Loyref 
with  the  Duke  Lambert,  and  another  Noble  Man  calTd  Jame- 
tins,  and  that  other  great  men  of  the  Kingdom  were  retired 
unto  Lewis  King  of  Germany  ^  Brother,  (but  by  another  Mother  J 
unto  Qh"  »tj» to  requeft  aid  againft  him,  and  his  Mother  called 
jitditb,  one  of  the  moft  Pernicious  Women  in  the  World, 
Lewis  gave  them  Audience  in  a  full  Aflembly  of  the  German 
Princes,  by  whofe  joynt  advice  it  was  decreed,that  Wars  mould 
be  made  againft  Charles  for  the  re-eftablifhing  in  their  Goods, 
Honours,  and  Eftates,  thofe  whom  he  had  unjuftly  difpofleft-. 

Finally,  As  there  hath  ever  been  Tyrants  difpreft  here  and 
there,  fb  aho  all  Hiftories  teftifie  that  there  hath  been  Neigh- 
bouring Princes  to  oppole  tyranny,  and  maintain  the  People  in 
their  right.  The  Princes  of  thefe  times  by  imitating  (b  worthy 
Examplcs^mould  fupprefsthe  Tyrants  both  of  Bodies  and  Souk, 
ana*  reft  rain  the  Oppreflbrs  both  of  the  Common- wealth,  and 
of  the  Church  of  Chrift  i  otherwife  they  themfelvcs  may  moft 
defervedly  be  branded  with  that  Infamous  Title  of  Tyrant. 

And  to  conclude  this  Diicourle  in  a  word,  Piety  commands 
that  the  Law  and  Church  of  God  be  maintain'd  b  Juftice  re- 
quires that  Tyrants  and  Dcftroyers  of  the  Common- wealth,  be 
compell'd  to  rcafon  :  Charity  challenges  the  right  of '  relieving 
and  reftbring  the  opprefjted.Th&fe  that  make  no  account  of  thefe 
things,  do  as  much  as  in  them  lies  to  drive  Piety,  Juftice,  and 
Charity  out  of  this  Woild,that  they  may  never  more1  be  heard  of. 
FINIS. 


D  E 


Jure  Regni 


APBD 


SCOTOS 

DIALOGUE. 

Concerning  the  doe  Priviledge  of 

GOVERNMENT 

In  the  Kingdom  of 

SCOTLAND. 


BETWIXT 

GEORGE     <BUC  H  AHAK 

And 

THOMAS     MAITLAKD, 

Bv  the  fa  id 

GEO  R  GE>  B  VC11  AN  A  N. 

Tranflated  out  of  the  Original  Latine  into  Englifk* 
By    PHILALETHES. 


LONDON,  Printed  for  Richard  Baldwin.  1689. 


I,    _  » 

DIALOGUE 

Treating  of  the 


Which  the  K. I N  Q  S  of  Scotland  have  for  exercifing 

their  Royal  Power. 

< 

, f 

tfeojge  T&mfamn,  author. 

George  Buchanan  to  King  James,  the  fixth  of  that  name  King 
of  Scots,  wttheth  all  health  and  happinefs. 

1  Wrote  fiveral  years  ago,  when  amongft  us  affairs  were 
very  turbulent,  a.  Dialogue  of  the  right  of  the  Scots  Kings, 
wherein  I  endeavoured  to  explain  from  the  very  beginning 
(  if  I  may  fi  fay)  what  right,  or  what  authority  both 
Kings  and  People  have  one  with  another.  Which  Booh^  ,  when 
for  that  time  it  feemed  Jbmewhat  profitable,  as  fhutting  the  mouths 
of  fome,  who  more  by  importunate  clamours  at  that  time,  than 
what  was  right,  inveighed  againfl  the  coitrfe  of  affairs,  requi- 
ring they  might  be  levelled  according  to  the  rule  of  right  rea-> 
fon'-f  but  matters  being  fomewhat  more  peaceable,  I  alfo  hav- 
ing laid  down  my  Arms,  very  willingly  devoted  my  felf  to 
publicly  concord.  Mow  having  lately  fallen  upon  that  dijputa- 
tion,  which  1  found  atnongji  my  Papers,  and  perceiving  therein 
many  things  which  might  be  necejfary  for  your  Age  (ejpecialfy 
joh  being  placed  in  that  part  of  humane  Affairs  )  I  thought 

A  2  good 


The  Epiftle  Dedicatory  to  the  K I N  G. 

rood  to  pMJh  it,  that  it  might  be  a  Standing  witnefs  of  mine 
affellion  towards  yon,  and  admomfi  you  of  your  duty  tjards 
your  Subjects.     Now  many  things  perfwaded  tne  that  this  my 
endeavour  jhould  not  he    in  vain  :  Ffpecial/y  your  Age  not 
yet  corrupted  by  prave  opinions,  and  intimation  far  above  your 
Tears  for  undertaking  all  Heroical  and  noble  attempts,  fponta- 
neoufly  making  hafte  thereunto,  and  not  only  your  promptitude 
in  obeying  your  InftruUors  and  Governors,  hut  all  fitch  as 
vive  f0'4  found  admonition,  and  your  Judgment  and  Diligence 
in  examining  Affairs,  fo  that   no  mans   Authority  can  have 
m  ch  weight  with  you,  nnlefs  it  be  confirmed  by  probable  reafon 
I  do  perceive  alfi,  that  you  by  acertaw  natural  inSlin%  do  Jo 
much  abhor  flattery,  which  is  the  Nurfe  of  Tyranny    and  a 
moil  grievous  plague  of  a  Kingdom,  fi  as  you  do  hate  the  Court 
Solecifms  and  Barbarifms  no  lefs,  thanthofe  that  feem  to  cen- 
fure  all  elegancy,  do  love  and  effeB  fuch  things y  and  every  where 
in  difiourfe  fpread  abroad,  as  the  Sawce  thereof,  thefe  Titles 
ofMajeBy,  Bighnefs,  and  many  other  unfavoury  compilations. 
Now  albeit  your  good  natural  dipofition,  and found  in^ruSions, 
wherein  yon  have  been  principled,  may  at  prtfent  draw  you  aw  ay 
from  Ming  into  this  Error,  yet  lam  forced  to  be  fomewhat 
jealous  of  you,  left  bad  company,  the  fawning  fojler-mother  of 
all  vices,  draw  afide  your  foft  and  tender  mind  into  the  worfi 
part',  efpeciaUy  feeing  I  am  not  ignorant,  how  eafily  our  other 
fenfes  yeild  to  fednliion.     This  Book  therefore  I  have  fent  un- 
to you  to  be  not  only  your  monitor,  hut  alfo  an  importunate  and 
bold  ExaUor,  which  in  this  your  tender  and  flexible  years  may 
conduUyon  in  fafety  from  the  rocks  of  flattery,  and  not  only 

may  admintijh  fa  *%*  *¥  *&  *»  jn  the  *^'""  T  ?*2 
en!  red  into  :  And  if  at  any  time  you  deviate,  it  may  reprehend 
and  draw  yon  back,  the  which  if  you  obey,  yon  full  for  your 
felf  afid  for  all  your  Snbje&s  acquire  Tranquility  and  Peace  m 
rlLlifc,  and  Eternal  Glory  in  the  Life  to  come.  Farewe I  from 
Stirve'in^  the  Tenth  day  of  January  in  the  Tear  of  Mans 
Salvation  one  Thoufand  Five  Hundred  Seventy  Nine. 

A    L)  1  A-- 


THE 

TRANSLATOR 

T  O    T  H  E 

READER. 

Candid  Reader ', 

I  Have  prefumed  to  trouble  your  attention   with  the 
Ceremony  of  a  Preface,  the  end  and  defign  of  which 
is  not  to  uiher  in  my  Tranflation  to  the  World  with 
curious  embellifhments  of  Oratory  Cthat  ferving  only 
to  gratifle,  or  enchaunt  a  Luxuriant  fancy  )  but  allennarly 
to  Apologize  for  it,  in  cafe  a  Zoilus,  or  a  Momns^  (hall 
happen  to  perufe  the  fame.     Briefly,  then  I  reduce  all  that 
either  of  thefe  will  (as  I  humbly  perceive  )  object   againft 
this  my  work,  to  thefe  two  Generals,  Prevarication  and 
Ignorance.    Firft,  they  will  call  me  a  prevaricator  or  pre- 
varicating Interpreter,  and  that  upon  two  accounts.   Firft, 
Becaufe  I  have  (fay  they)  fbphifticated  the  genuine  fence 
and  meaning  of  the  learned  Author,  by  interpreting  and 
foifting  in  fpurious  words  of  mine  own.    Secondly,  That 
I  have  quite  alienated  the  literal  fence  in  other  places  by 
a  too  Paraphraftical  expofition.     To  the  firft  I  anfwer,  that 
none  are  ignorant,  that  the  Original  of  this  piece  is  a  Lofty 
Laconick  ftile  of  Latin :  Now   I  once  having  undertaken 
Provincial  Interprets ,  behoved  to  render  my  interpreta- 
tion fbmewhat  plain  and  obvious,  which  I  could  never 
do  in  fome  places,  without  adding  fbme  words  (Claritatis 
gratik  )  but  always  I  fought  out  the  foope  (  as  far  as  my 
(hallow  capacity  could  reach  )  and  fuited  them  thereunto. 
Wherein  I  am  hopeful,  that  no  ingenuous  impartial  Reader 
not  prepoffefTed  with  prejudice  againft  the  matter  contain- 
ed in  the  Original,  and  confequently  againft  the  Tranfla- 
tion thereof,  will  find  much  matter  of  quarrel  upon  that 
account,  if  he  will  but  take  an  overly  view  of  the  Original, 

B  and 


and  fo  compare  the  Tranflation  therewith*  For  I  have 
been  very  fparing  in  adding  ought  of  my  own.  To  the 
fecond  branch  ofthe  firft  Challenge  I  anfwer  briefly  }  there 
are  none  who  have. the  leaft  (mattering  of  common  fence, 
but  know  well  enough,  t  hat  it  is  wtfr^  impojjlbk  for  an 
Interpreter  to  make  good  Language  of  any  Latine  piece,  if 
he  (hall  alwayes  verbum  verbo  reddere ,  I  mean,  if  he  ad- 
here fo  clofe  to  the  very  rigour  ofthe  Original,  as  to  think 
it  illicite  to  life  any  Paraphrafe,  although  the  fuccinclnefs 
and  f  immary  comprehenfivenefs  of  the  Original  Stile  even 
crv  aloud  for  it,  as  it  were  ;  but  to  faience  in  a  word  thefe 
Critical  Snarlers,  where  ever  I  have  ufed  my  Paraphrafe, 
t  likewife  have  fet  down  the  expofuion  ad  verbum  (  to  the 
Ireft  of  my  knowledge )  as  near  as  I  could. 

trie  Second  'Challenge  is  of  Ignorance,  and  that  becaufe 
I  have  palled  by  fome  Latine  verfes  of  Seneca,  which  are 
at  the  end  of  this  Dialogue,  containing  the  Stoicks  defcrip- 
tion  of  a  King,  without  Translating  them  into  Engliftv 
Mow,  true  it  is,  I  have  done  fo,  not  becaufe  I  knew  not 
how  to  interpret  them  (  for  I  hope,  Candid  Readers  at 
teaft  will  not  fo  Judge  of  me)  but  becaufe  I  thought  it  not 
require  to  meddle  with  them,  unlefs  I  could  have  put  as 
fpecious  a  ltfft re  upon  them,  as  my  Pen  would  have  pulled 
off  them  (for  otherwife  I  would  have  greatly  injured  them) 
whic'h  could  never  be   done  without  a  fubhme  Vein  of 
Poefie,  wherein  I  ingehuouQy  profefs  ignorance  :  fo  that  if 
the  laft  Challenge  be  thus  underftood,  tranfeat  becaufe 
Nee  font etabra  prolni  Cabalino, 
Nee  in  bicipiti  fomniajfe  Parnaffo,  ^ 
Memim,  ttt  repente  fie  Voetaprodirem. 
And  hence  it  i ,  that  all  the  Latin  Verfes,  which   peenr  in 
this  WM%;  are  by  me  Tranflated  into  Profe,  as  the  reft  : 
But  I  fear  I  have  wearied  your  Patience  too  long  already, 
M  therefore  I  will  go  no  further,  I  Willi  you  fatisfachon 

ft  the  Bock,  and  fo 

Prive&  rale. 

7 

A  DI- 


A 


DIALOGUE 

Concerning  that 

JUS  "RIGHT 


O  F 

■ 


GOVERNMENT 

Amongft  the 

SCOTS 

PERSONS 
GEORGE     <B  UC  H  AHAX 

And 

THOMAS     M  A  I  T  L  A  N  V. 

\Homas  Mait/and  being  of  late  returned  home  from  France , 
and  I  ferioufly  enquiring  of  him  the  Mate  of  Affairs  there  , 
began  ffor  the  love  I  bear  t)  hirnj  to  exhoit  him  to  continue 
in  that  courfe  he  riad  taken  to  honour,  and  to  entertain  that 
excenent  hope  in  the  progrefs  of  his  Studies.  For  if  I,  being  but  of  an 
ordinary  fpirit,  and  almoft  of  no  fortune,in.an  illiterate  Age,  have  fj  wreft-. 
led  with  the  iniquity  of  the  times,  as  that  I  feem  to  have  dome  fbme- 
what :  then  certainly  they  who  are  born  in  a  more  happy  Age,  and  who 
have  maturity  of  Years,  Wealth  and  Pregnancy  of  Spirit,  ought  not  to 
be  deterred  by  pains  from  noble  delignf,  nor  can  fuch  defpair  being  affi- 
led by  (b  many  helps.  They  fhould  therefore  goon  with  vigour  to  illu- 
ftrate  learning,  and  to  commend  rhemfelves  and  thofe  of  their  Nation  to 
the  memory  of  after  Ages  and  pofteiity.Yea  if  they  would  but  ^elfir  them- 
ielves  herein  feme  what  actively,  it  might  come  to  pais,  that  they  would 
eradicate  out  of  Mens  minds  that  opinion,  that  Men  in  the  cold  regions 

B  x  of 


*  The  due  Priviledge  of  the  Scotch  Government. 

of  the  World ,  are  at  as  great  diftance  from  Learning,  Humanity  and 
all  Endowments  of  the  Mind,  as  they  are  diftant  from  the  Sun.  For  as 
Nature  hath  granted  to  the  Africans,  Egyptians  ,  and  many  other  Na. 
rions  more  fubtile  motions  of  the  Mind,  and  a  greater  fharpnefs  of  Wit, 
yet  (he  hath  not  altogether  fo  far  caft  oft'  any  Narion,-as  to  (hut  up  from  it 
an  entry  to  Vertueand  Honour.  Hereupon,whilft  he  did  (peak  meanly  of 
of  himfelf  f  which  is  his  modefty)  but  of  me  more  affectionatly  than  truely : 
at  laft  the  tract  of  difcourfe  drew  us  on  (b  far,  that  when  he  had  asked 
me  concerning  the  troubled  ftate  of  our  Country,  and  I  had  anfwered 
him  as  far  as  1  judged  convenient  for  that  time  ;  I  began  by  courfe  to  ask 
him,  what  was  the  opinion  of  the  French's  or  other  Nations  with  whom 
he  had  converted  in  France,  concerning  our  Aftairs  ?  For  I  did  not  que- 
stion, but  that  the  novelty  of  Affairs  (as  is  ufual)  would  give  occcafion 
and  matter  of  difcourfe  thereof  to  all.  Why  f  faith  he)  do  you  defire  that 
of  me.3  For  feeing  you  are  well  acquainted  with,  the  courfe  ofAffairs,  and 
is  not  ignorant  what  the  mod  part  of  men  do  fpeak,  and  what  they  think. 
You  may  eafily  guefs  in  your  own  Conference,  what  is,  or  at  leaft  fhould 
be  the  Opinion  of  all.  B.  But,  the  further  that  foreign  Nations  arc 
at  a  diftance,  they  have  the  lefs  caufes  of  Wrath,  Hatred,  Love  and  other 
Perturbations,  which  may  divert  the  Mind  from  Truth,  and  for  the  mod 
part  they  fb  much  the  morejudge  of  things  fincerely,and  freely  fpeak  out 
what  they  think.-  that  very  freedom,  of  Jpeaking  and  confer  ring  the  thoughts 
of  the  Heart  doth  draw  forth  many  obfeure  things,  difcovers  intricacies, 
confirms  doubts  and  may  ftop  the  Mouth  of  wicked  men,  and  teach 
fuch  as  are  weak.  AX  Shall  I  be  ingenuous  with  you  ?  B.  Why  not  ?  M  Al- 
though I  had  a  great  defire  after  fo  long  a  time,  to  vifit  my  native  Coun- 
try, Parents,  Relations  and  Friends,  yet  nothing  did  fo  much  inflame  my 
cle/ire,  as  the  clamour  of  a  rude  multitude  :  For  albeit  I  thought  my  felf 
well  enough  fortified  either  by  my  own  conftant  Practice,  orthe  moral 
precepts  of  the  moft  Learned,  yet  when  I  came  to  fall  upon  the  prefent 
cafe,  I  know  not  how  I  could  Conceal  my  Pufilanimity.  For  when  that 
horrid  villany  not  long  fince  here  perpetrated,all  with  one  voice  did  abomi- 
nate it,the  Author  hereof  not  being  known  ;  the  multitude,  which  is  more 
acted  by  precipitancy,  than  ruled  by  deliberation,  did  eharge  the  fault , 
of  fome  few  upon  all,  and  the  common  hatred  of  a  particular  crime  did 
redound  to  the  whole  Nation,  fo  that  even  fuch  as  were  moft  remote 
from  any  flifpicion  were  inflamed  with  the  infamy  of  other  mens  crimes. 
When  therefore  this  ftorm  of  calumny  was  calmed,  1  betook  my  felf  very 
willingly  into  this  port,  wherein  notwithftanding  I  am  afraid,  I  may  dafh 
upon  a  Rock.    B.  Why,  I  pray  you  .J  Af.  Becaufe   the  atrocioufnefs  of 

that 


The  due  Priviledg  of  the  Scotch  Government.  3 

that  late  crime  doth  feem  fb  much  to  inflame  the  Minds  of  all  already 
exafperated,  that  now  no  place  of  Apology  is  left.  For,  how  (hall  I  be  able 
to  (uftain  the  impetuous  aflaults,  not  only  of  the  weaker  fort,  but  al(b 
of  thole  who  (eem  to  be  more  (agacious,  who  will  exclaim  againft  us, 
that  we  were  content  with  the  (laughter  of  an  harmleft  Youth,  an  un- 
heard of  cruelty,  unlefs  we  mould  (hew  another  new  example  of  atroci- 
ous cruelty  againft  Women,  which  fex  rery  Enemies  do  (pare  when 
Cities  are  taken  by  force.  Now  from  what  villany  will  any  dignity 
or  Majefty  deter  thofe,  who  thus  rage  againft  Kings  ?  or  what  place  for 
mercy  will  they  leave,  whom  neither  the  weaknefs  of  Sex,  nor  innocen- 
cy  of  Age  will  reftrain  .;  Equity ,Cuftom,Laws,the  refpecT:  to  Soveraignty 
Reverence  of  lawful  Magiftracy,which  henceforth  they  will  either  retain 
for  fhame,  or  coerce  for  fear,whcnthe  power  offupream  Authority  is  ex- 
pofed  to  the  ludibry  of  the  ba(eft  of  the  People,the  difference  of  equity  and 
iniquity,  or.  honefty  and  difhonefty  being  once  taken  away,  almoft  by  a 
publick  content,  there  is  a  degeneracy  into  cruel  barbarity.  I  know  I 
(hall  hear  thefe  and  more  atrocious  then  thefe  fpoken  Co  foon  as  I  (hall 
return  into  France  again ;  all  mens  Ears  in  the  mean  time  being  (hut  from 
admitting  any  Apology  or  fatisfa<Stion.  B.  But  I  (hall  eaiily  liberate 
you  of  this  fear,and  our  Nation  from  that  falfe  crime.  For,  if  they  do  fo 
much  deteft  the  atrociou(he(s  of  the  firft  crime,  how  can  they  rationally 
reprehend  feverity  in  revenging  it  ?  or  if  they  take  it  ill,  that  the  Queen 
is  taken  order  with,  they  muft  needs  approve  the  firft  deed,  choofe  you 
then,  which  of  the  two  would  you  have  to  feem  cruel.  For  neither  they 
nor  you  can  praife  or  reproach  both,  provided  you  underftand  your  (elves. 
Al.  I  do  indeed  abhor  and  deteft  the  Kings  Murther,  and  am  glad  that 
the  Nation  is  free  of  that  guilt,and  that  it.is  charged  upon  the  wickednefs 
of  fbme  few.  But  this  laft  fact  I  can  neither  allow  or  difallow  ;  for  it 
feems  to  me  a  famous  and  memorable  deed,  that  by  counlel  and  diligence 
they  have  (earched  out  that  Villany,  which  fince  the  Memory  of  Man 
is  the  moft  hainous,  and  do  purfue  the  perpretrators  in  a  hoftile  manner. 
But  in  that  they  have  taken  order  with  the  chief  Magiftrate,and  put  contempt 
upon  Soveraignty,  which  amongft  all  Nations  hath  been  always  accounted 
great  and  facred.  I  know  not  how  all  the  Nations  of  Europe  will  reliih  ir, 
efpecially  (uch  as  live  under  Kingly  Government ;  (urely  the  Greatnefs 
and  Novelty  of  the  facl:  doth  put  me  to  a  demur,  albeit  I  am  not  igno- 
rant what  may  be  pretended  on  the  contrary, and  (b  much  the  rather,  be- 
caufe  fome  of  the  Adtors  are  of  my  intimate  Acquaintance.  B.  Now 
I  almoft  perceive,  that  it  doth  perhaps  not  trouble  you  (6  much,as  thofe  of 
iorrcign  Nations,who  would  be  judges  of  the  Venues  of  others  to  whom 

you 


4  The  due  Prhiledge  of  the  Scotch  Government. 

you  think  fatisfadlion  muft  be  given.  Of  thefe  I  (hall  fet  down  three 
forts  especially,  who  will  vehemently  enveigh  againfl  that  deed.  The 
nrtt  kind  is  mod  pernicious,  wherein  thole  are,  who  ;have  mancipated 
rhemfelves  to  the  lulls  of  Tyrants,  and  think  every  thing  juft  and  lawful 
for  them  to  do,  wherein  they  may  gratitie  Kings,  and  meafure  every 
tiling  not  as  it  is  in  it  felf,  but  by  the  lull  of  their  Matters.  Such  have 
ft  devoted  tiiemfelves  to  the  lulls  of  others,  that  they  have  left  to  them- 
selves no  liberty  either  to  fpeak  or  do.  Out  of  this  Crew  have  proceed- 
ed thofe,  who  have  mod  cruelly  Murthered  that  Innocent  Youth,  with- 
out any  caufe  of  Enmity,  but  through  hope  of  gain,  Honour  and  Power 
at  Court  to  fatisfie  the  lufl:  of  others.  Now  whilft  fuch  feign  to  be  forry 
lor  the  Queens  cafe,  they  are  not  grieved  for  Her  misfortunes,  but  look 
for  their  own  feCurity,  and  take  very  ill  to  have  the  reward  of  their  mod 
Mainous  Crime,  (which  by  hope  they  (wallowed  downj  to  be  pulled  out 
of  their  Throat.  I  judge  therefore  that  this  kind  of  Men  mould  not 
be  fatisfied  fo  much  by  reasoning,  as  chaflifed  by  the  Severity  of  Laws, 
and  force  of  Arms.  Others  again  are  all  for  themfclves ,  thefe  Men 
though  otherwife  not  Malicious,  are  not  grieved  for  the  pnblick  Calamity 
( as  they  would  feem  to  be  )  but  for  their  own  Domeitick  damages,  and 
therefore  they  fcem  to  flanc  in  need  rather  of  fome  comfort,  than  of  the 
remedies  of  perfwafive  reafoning  and  Laws.  The  reft  is  the  rude  mul- 
titude, which  doth  admire  at  all  Novelties,  reprehend  many  things,  and- 
think  nothing  is  right,  but  what  they  themfelves  do  or  fee  done :  For 
how  much  any  thing  done  doth  decline  from  an  Ancient  Cuftome,  fo  far 
they  think  it  is  fallen  from  Juftice  and  Equity.  And  beciufe  thefe  be  no: 
led  by  Malice  and  Envy,  nor  yet  by  Self-intereil,  the  moll  part  will  ad- 
mit Information,  and  to  be  weaned  from  their  Error,  fo  that  beino- con- 
vinced by  the  flrength  of  reafon,  they  yield :  Which  in  the  matter  of 
Religion,  we  find  by  experience  very  often  in  thefe  days,  and  have  alio 
found  it  in  preceding  Ages.  There  is  almo;t  no  man  fo  wild,  that  can- 
not be  tamed,  if  he  will  but  patiently  hearken  to  inilruclion. 

M.  Surely  we  have  found  oftentimes  that  very  true.  B.  When  you 
therefore  deal  with  this  kind  of  people  fo  clamorous  and  vevy  importu- 
nate, ask  fome  of  them,  what  they  think  concerning  the  punifhment  of 
Cahgu'.a,  Nero  or  Domitmn,  I  think  there  will  be  none  of  them  fo  ad- 
dicted to  the  name  King,  that  will  not  confefs,  they  were  juftly  punifhed. 
AI.  Perhaps  you  fay  right,  but  thefe  very  fame  men  will  forthwith  cry 
our,  that  they  complain  not  of  the  punifhment  of  Tyrants,  but  are  grie- 
ved at  the  lad  Calamities  of  Lawful  Kings.  B.  Do  you  net  then  per- 
ceive how  eafity  the  People  may  be  pacified  ?    M  Not  indeed,  unlefs 

you 


The  dnt  Pfvviltdgc  of  the  Scotch  Government.  5" 

you  fay  fbrr.e  other  thing.  B.  But  I  fhall  caufe  you  underftand  it  fa 
few  words,  the  People  (  you  fay )  approve  the  Murther  of  Tyrants,  but 
companionate  the  misfortune  of  Kings,  would  they  not  then  change 
;  their  Opinion,  if  they  clearly  understood  what  the  difference  is  betwixt  a 
Tyrant  and  a  King. J  do  you  not  think  that  this  might  come  to  paf?,  as 
in  many  other  cafes?  M.  If  all  would  ponfefs  that  Tyrants  are  juftU  kil- 
led, we  might  have  a  large  entry  made  open  to  us  for  the  reft,  but  I 
find  fomc  men,  and  thefc  not  of  fmall  Authority,  who  while  they  make 
King?  liable  to  the  penalties  of  the  Laws,  yet  they  will  maintain  Tyrants 
to  Bje  Sacred  perfbns ;  bur  certainly  by  a  prepofterous  judgment,  if  I  be 
not  miftaken,  yet  they  are  read y  to  maintain  their  Government,  albeit  im- 
moderate and  intolerable,  as  if  they  were  to  Fight  for  Things  both  S'a- 
cred  and'  Civil.  B.  I  have  alf)  met  with  feveral  perfbns  oftentimes, 
who  maintain  the  fame  very  pertinacioufly  ;  but  whether  that  opinion 
be  right  or  nor,  we  fh. ill  further  difcufs  it  hereafter  at  better  conveniency. 
In  the  mean  time,  if  you  pleafe,  let  us  conclude  upon  this,  upon  condi- 
tion, that  unlefs  hereafter  it  be  not  fufficiently  confirmed  unto  you,  you 
may  have  liberty  to  retract  the  fame.  M.  On  thefe  terms  indeed  I 
will  not  refute  it.  B.  Let  us  then  conclude  thefe  two  to  be  contraries, 
a  King  and  a  'Tyrartt.  M.  Be  it  fo.  B.  He  therefore  that  fhall  explain 
the  Original  and  Caufe  of  < treating  'Kings,  and  v/hat  the  duties  of  Kings 
arc  towards  their  People,  and  of  People  towards  their  Kings,  will  he 
not  feem  to  have  almoft  explained  on  the  other  hand,  what  doth  pertain 
to  the  nature  of  a  Tyrant.  M.  I  think  fb.  5.  The  reprefentation  then 
of  both  being  laid  out,  do  you  not  think  that  the  People  will  underftand 
alfo,  what  their  duty  is  towards  both  ?  M  It  is  very  like  they  will.  B. 
Now  contrariwife,  in  things  that  are  ve  ry  unlike  to  one  another,  which  yet 
are  contained  under  the  fame  Genus  ^  there  may  be  fome  fimilitudes, 
which  may  eafily  induce  imprudent  Perfbns  into  an  Error.  M.  Doubt - 
lefs,  there  may  be  fuch,  and  efpecially  in  the  fame  kind,  where  that 
which  is  the  worft.of  the  two  doth  eafily  perfonate  the  beft  of  both,  and 
ftudies  nothing  more,  than  to  impofe  the  fame  upon  fuch  as  are  ignorant. 
Buc.  Have  you  not  fbme  reprefentation  of  a  King  and  of  a  Tyrant  im- 
prefled  in  your  mind  ?  For  if  you  have  it,  you  will  fave  me  much  pains. 
M  Indeed  I  could  eafily  expreis  what  Idea  I  hare  of  both  in  my  mind,  but, 
I  fear,  it  may  be  rude  and  without  form ,  therefore,  I  rather  defire  to 
hear  what  your  opinion  is,  left  whilft  you  are  a  refuting  me,  our  difcourfe 
become  more  prolix,"  you  being  both  in  Age  and  Experience  above  me  °, 
and  are  well  acquainted,  not  only  with  the  Opinions  of  others,  but  alfb 
have   ften  the  Cuftoms  of  marly,  and  their  Cities     ft  I  fhall-  then  do 

it, 


The  due  Priviledge  of  the  Scotch  Govemmmt. 
it,  and  that  very  willingly,  yet  will  I  not  unfold  my  own  Opinion  fbmuch, 
as  that  of  the  Ancients,  that  thereby  a  greater  Authority  may  be  given 
to  my  difeourfe,  as  not  being  (uch  as  is  made  up  with  refpe£f.  to  this 
time,  but  taken  out  of  the  Opinions  of  thole,  who  not  being  concerned 
in  the  prefent  controverfie,  have  no  lefs  eloquently  than  briefly  given 
their  judgment,  without  Hatred,  Favour,  or  Envy,  whofe  Cafe  was  far 
from  thefe  things ;  and  their  Opinions  I  (hall  efpecially  make  ufe  of,  who 
have  not  friviloufly  trifled  away  their  time,  but  by  vertue  and  counfel 
have  flourifhed  both  at  home  and  abroad  in  well  governed  Common- 
wealths. But  before  I  produce  thele  witneffes,  I  would  ask  you  lome 
few  things,  that  feeing  we  are  at  accord  in  (bme  things  of  no  fmall  im- 
portance, there  may  be  no  neceflity  to  digrcls  from  the  purpofe  in  hand , 
nor  to  flay  in  explaining  or  confirming  things  that  are  perfpicuous  and 
well  known.  M.  I  think  we  fhould  do  lb,  and  if  you  pleafe  ask  me.  B. 
Do  you  not  tbink  that  the  time  hath  been,  when  men  did  dwell  in  Cot- 
tages, yea  and  in  Caves,  and  as  (hangers  did  wander  to  and  fro  without 
Laws,  or  certain  dwelling  places,  and  did  Affemble  together  as  their  fond 
humours  did  lead  them,  or  as  Come  Commodity,  and  common  utility  did 
allure  them  ?  M.  forfooth  I  believe  that ;  feeing  it  is  conlbnant  to  the 
courfe  and  order  of  Nature,  a^  1  is  teftified  by  all  the  Hiftories  of  all 
Nations  almoft,  for  Homer  doth  diferibe  the  reprefentation  of  fuch  a 
Wild  and  Barbarous  kind  of  life  in  Sicily,  even  in  the  time  of  the  Trojans. 
Their  Courts  (  faith  he  )  do  neither  abound  with  Councils  nor  Judges, 
they  dwell  only  in  darkfome  Caves,  and  every  one  of  them  in  high  moun- 
tains ruleth  his  own  Houfe,  Wife  and  Children,  nor  is  any  of  them  at 
leifure  to  Communicate  his  Domeflick  affairs  to  any  other.  About  the 
fame  time  alio  Italy  is  laid  to  be  no  better  civilized,  as  we  may  eafily  con- 
jecture from  the  molt  fertile  regions  aimed  of  the  whole  World,  how 
great  a  fblitude  and  waftnefs  there  were  in  places  on* this  fide  otltalj.B. 
But  whether  do  you  think  the  vagrant  and  lolitary  life,  or  the  AfTociati- 
ons  of  men  civily  incorporate,  moll  agreeable  to  nature  ?  M  The  laft 
without  all  peradventure,  which  utility  the  Mother  almoft  of  juftice  and 
equity  did  hrft  convocatej  and  commanded  to  give  Ggns  or  warnings 
by  lound  of  Trumpet,  and  to  defend  themfelves  within  Walls  and  to  fhut 
the  Gates  with  one  Key.  B.  But,  do  you  think  that  utility  was  the  firft 
and  maincaufe  of  the  affociation  of  Men  ?  M.  Why  not,  feeing  1  have 
heard  from  the  learned,  that  men  are  Born  tor  men.  B.  Utility  indeed 
to  fome  feems  ro  be  very  efficacious,  both  in  begetting  and  conferving 
the  publick  Society  of  Mankind  j  but  if  I  millake  noi,  there  is  a  far 
more  venerable,  or  ancient  caufe  of  mens  aflociating,  and  a  more  Ante- 

cedaneous 


The  due  Pr  hi  ledge  of  the  Scotch  Government.  7 

cedaneous  and  Sacred  bond  of  their  Civil  Community,  otherwife,  if  every 
one  would  have  a  regard  to  his  own  private  advantage,  then  furely  that 
very  utility  would  rather  diflolve  than  unite  humane  fociety  together.  M 
Perhaps   that  may    be    true,  therefore  I  deflre    to  know    what  other 
caufe  ycu  will  affign.      B.  A  certain  infbYcl:  of  nature,  not  only  in  Man, 
but  alfo  in  the  more  tamed  fort  of  Eeafts,  that  although  theft  allurements 
of  utility  be  not  in  them,  yet  do  they  of  their  own  accord  flock  together 
with  other    Eeafls  of  their  own  kind.     Eut  of  thefc  others  we  have  no 
ground  of  debate?  Surely  we  fee  this  inftir.&  by  nature  (b  deeply  rooted 
in  Man,  that  if  any  one  had  the  affluence  of  all  things,  which  contribute 
either  for  maintaining  health,  or  pleafure  and  delight  of  the  mind,  yet  he 
will  think  his  life  unpleafant  without  humane  converfe.     Yea,  they  who 
out  of  a  defire  of  knowledge,  and  an  endeavour  of  investigating  the  truth, 
have  withdrawn  themfelves  from    the  multitude,  and   retired  to  feeret 
corners,  could  not  long  endure  a  perpetual  vexation  of  mind,  nor,  if  at 
any  time  they  fhould   remit  the  fame,  could  they   live  in  fblitude,  but 
very  willingly  did  bring  forth  to  light  their  very  feeret  fludies,  and  as  they 
had  laboured  for  the  publick  good,  they  did  communicate  to  ail  the  fruk 
of  their  labour.     But  if  there  be  any  man  who  doth  wholly  take  delight 
jn  folitude,  and  flee  from  converfe  with  men,  and  fhun  it,  I  jlidge  k 
doth  rather  proceed  from  a  diftemper  of  the  mind,  than  from  any  iriftin& 
of  nature,  fuch  as  we  have  heard  of  Timon  the  Atbeni4ntand  BeHerophon  the 
Corinthian,  who  (as  the  Poet  faith  J  was  a  wandring  wretch  on  the  Elea* 
Coafts,  eating  his  own  Heart,  and  fleeing  the  very  Foot-fteps  of  Men. 
M.  I  do  not  in  this  much  difTcnt  from  you,  but  there  is  one  word  Nature 
here  let  down  by  you,  which  I  do  often  ufe  rather  out  of  Cuftome,  than 
that  I  underftand  it,  and  is  by  others  fo  varioufly  taken,  and  accommo- 
dated to  fo  many  things,  that  for  the  mod  part  I  am  at  a  (land  to  what  I 
may  mainly  apply  it.  B.  Forfboth  at  prefcnt  I  would  have  no  other  thing 
to  be  under ftood  thereby,  than  that  light  infufed  by  God  into  our  minds£ 
for  when  God  formed  that  Creature  more  facred,  and  capable  of  a  Ce- 
lcftiai  mind,  and  which  might  have  dominion  over  the  other  Creatures, 
he  gave  not  only  Eyes  to  his  Body,  whereby  he  might  evite  things  con- 
trary to  his  condition,  and  follow  after  fuch  as  might  be  ufeful,  but  alfo 
he  produced  in  his  mind  a  certain  light,  whereby  he  might  difcern  things 
filthy  from  honeft ;  this  light  fbme  call  Nature,  others  die  Law  of  Na* 
cure,  for  my  own  part,  truly  I  think  it  is  of  a  heavenly  ftamp,  and  I 
2m  folly  perfwaded,  that  Nature  doth  never  fajr  one  thing,  and  Wifcfom 
another.     Moreover,  God  hath  given  ui  aft  abridgment  of  that  L*tf, 
which  might  contain  the  whole  in  few  words,  i>i%    That  we  fbould 

C  lore 


8  The  due  Prhiledge  of  the  Scotch  Government. 

.love  him  with  all  our  Soul,  and  our  neighbours  as  our  (elves,  all  the 
Books  of  Holy  Scripture  which  Treat  of  ordering  our  Convention,  do 
contain  nothing  elfe  but  an  explication  of  this  Law.  M.  You  think  then 
that  no  Orator  or  Lawyer,  who  might  congregate  difperfed  men,  hath 
been  the  Author  of  humane  Society,  but  God  only?  B.  It  is  fb  indeed, 
and  with  Cicero,  1  think  there  is  nothing  done  on  Earth  more  acceptable 
to  the  great  God,  who  rules  the  World,  than  the  afiociations  of  men  le- 
gally united,  which  are  called  Civil  Incorporations,  whofe  feveral  parrs 
mull;  be  as  compactly  joyned  together,  as  the  feveral  Members  of  our 
Body,  and  every  one  rauft  have  their  proper  function,  to  the  end  there 
may  be  a  mutual  Cooperating  for  the  good  of  the  whole,  and  a  mutual 
propelling  of  injuries,  and  a  forefeeing  of  advantages,  and  thefe  to  be 
Communicated  for  engaging  the  benevolence  of  all  amongft  themfelves. 
M.  You  do  not  then  make  utility,  bur  that  Divine  Law  rooted  in  us  from 
die  beginning-  to  be  the  caufe  ( indeed  the  far  more  worthy  and  Divine 
of  the  two  J  of  mens  incorporating  in  political  Societies.  B.  I  mean  not 
indeed  that  to  be  the  Mother  of  Equity  and  Juftice,  as  fbme  would  have 
it,  but  rather  the  Handmaid,  and  to  be  one  of  the  guards  in  Cities  well 
conftituted.  JW.  Herein  I  alfb  agree  with  you.  B.  Now  as  in  our  Bo- 
dies confiding  of  contrary  Elements,  there  are  Difeafes,  that  is,  pertur- 
bations, and  (ome  inteftine  tumults,  even  (b  there  muft  be  of  neceflity  in 
thefe  greater  Bodies,  that  is  in  Cities,  which  alfb  confift  of  various,  (yea 
and  ror  the  moil:  part  )  contrary  humours,  or  forts  of  men,  and  thefe  of 
different  ranks,  conditions  and  natures,  and  which  is  more,  of  flich  as 
cannot  remain  one  hour  together  approving  the  fame  things :  And  furely 
luch  muft  needs  fbon  difTolve  and  come  to  nought ;  if  one  be  not  adhi- 
JDited,  who  as  a  Phyfician  may  quiet  fuch  difturbances,  and  by  a  mode- 
rate and  wholfbm  Temperament  confirm  die  infirm  parts  and  compefce 
redundant  humouis,  and  fb  take  care  of  all  the  Members,  that  the  weaker 
may  notlanguifh  for  want  of  Nutrition,  nor  the  Itranger  become  luxu- 
riant too  much.  M.  Truly,  it  muft  needs  be  fb.  B.  How  then  (hall 
we  call  him  who  performeth  thefe  things  in  a  Civil  Body  ?  B.  I  am  not 
very  anxious  about  his  name,  for  by  what  name  foever  he  be  called,  I 
thLik  he  muft  be  a  very  excellent  and  Divine  Perfbn,  wherein  th£  WiP 
dom  of  our  Anceftors  feemeth  to  have  much  forefeen,  who  have  adorned 
the  thing  in  it  felf  molt  illuftrious  with  an  illuftrious  name.  I  fuppofe 
you  mean  Kjng^  of  which  word  there  is  fuch  an  Empbafis,  that  it  holds 
forth  before  us  clearly  a  function  in  it  felf  very  great  and  excellent.  B. 
You  are  very  right,  for  we  defign  God  by  that  name.  For  we  have 
no  other  more  glorious  name  whereby  we  may   declare  the   excellency 

of 


The  due  Privilege  of  the  Scotch  Government.  9 

of  his  glorious  Nature,  nor  more  luitable,  whereby  to  fignifie  his  pater- 
nal care  and  providence  towards  us.  What  other  names  mall  I  collect, 
which  we  Translate  to  denote  the  Function  of  a  King  ?  Such  as  Father. 
JEneaf)  Agamemnon,  Pallor  of  the  People,  alio  a  Leader,  Prince,  Gover- 
nour.  By  all  which  names  luch  a  fignification  is  implyed,  as  may  (hew 
that  Kings  are  not  ordained  for  themfelves,  but  for  the  People.  Now 
as  for  the  name  we  agree  well  enough  ;  If  you  pleafe,  let  us  confer 
concerning  the  Function,  infilling  in  the  fame  Foot-Reps  we  began  upon. 
M  Which,  I  pray?  8.  Do  you  remember  what  hath  been  lately  fpoken, 
that  an  incorporation  leemeth  to  be  very  like  our  Body,  Civil  Commo- 
tions like  to  Dileafes,  and  a  King  to  a  Phyfician  ?  if  therefore  we  (hall 
underftand  what  the  duty  of  a  Phyfician  is,  I  am  of  the  Opinion,  we 
fliall  not  much  miftake  the  duty  of  a  King.  M.  It  may  be  fb,  for  the 
reft  you  have  reckoned  are  very  like,  and  feem  to  me  very  near  in  kin. 
B.  Do  not  expect  that  I  will  here  delcribe  every  petty  thing,  for  the 
time  will  not  permit  it,  neither  doth  the  matter  in  hand  call  for  it  .-  But 
if  briefly  thele  agree  together,  you  fliall  eafily  comprehend  the  reft.  ML 
Go  on  then,  as  you  are  doing.  B.  The  (cope  leemeth  to  be  the  fame 
to  us  both.  M.  Which  ?  B.  The  Health  of  the  Body,  for  curing  of 
which  they  are  adhibited.  M.  I  underftand  you,  for  the  one  ought 
to  keep  fafe  the  humane  Body  in  its  ftate,  and  the  other  the  Civil  Body 
in  its  ftate,  as  far  as  the  nature  of  each  can  bear,  and  to  reduce  into  per- 
fect Health  the  Body  Dileafed.  B.  You  underftand  very  well,  for  there 
is  a  twofold  duty  incumbent  to  both,  the  one  is  to  prefcrve  Health,  the 
other  is  to  reftore  it,  if  it  become  weak  by  hcknefs.  M.  I  aflent  to  you. 
B.  For  the  Difeafes  of  both  are  alike.  M.  It  leemeth  fb.  B.  For  the 
redundance  of  things  hurtful,  and  want  or  fcarfity  ©f  things  neceflary  are 
alike  noxious  to  both,  and  both  the  one  and  other  Body  is  Cured  almoft 
in  the  fame  manner,  namely  either  by  nourifhing  that  which  is  extenuate 
and  tenderly  cherifhing  it,  or  by  aflwaging  that  which  is  full  and  redun- 
dant by  calling  out  fuperfluities,  and  exercifing  the  Body  with  mode- 
rate labours.  M.  It  is  fb,  but  here  feems  to  be  the  difference,  that  the 
humours  Ja\  the  one  ,  and  manners  in  the  other  are  to  be  re- 
duced into  a  right  temperament.  B.  You  underftand  it  well,  for 
the  Body  politick  as  well  as  the  natural  hath  its  own  proper  tempe- 
rament, which  I  think  very  rightly  we  may  call  Juftice.  For  it  is  that 
which  doth  regard  every  Member,  and  cureth  it  fb  as  to  be  kept  in  its 
Function.  This  fometimesis  done  by  letting  of  Blood,  fbmetimesby  expel-- 
ling  of  hurtful  things,  as  by  egeftion  }  and  fbmetimes  exerting  caft  down 
and  timorous  minds,  and  comforting  the  weak,  and  fb  reduceth  the  whole 

C  7.  Body 


lo  The  due  Ptrvihdge  of  the  Scotch  Gwertfwent. 

Body  into  that  temperament  I  fpoke  of :  and  being  reduced,  exercifeth  it 
with,  convenient  exercifes,  and  by  a  certain  prefcribed  temperature  of 
Labour  and  reil,  doth  preserve  the  reftored  Health  as  much  as  can  be, 
M.  All  the  reft  I  eafily  arfent  too,  except  that  you  place  the  temperament 
of  the  Body  Politick  injustice:  feeing  temperance  even  by  its  very  name 
and  profeffion  doth  juftly  feern  to  claim  thefe  parts.  B.  I  think  it  is  no 
great  matter  on  whieh  of  them  you'  confer  this  honour.  For  feeing  ,all 
V  crtues,  whereof  the  ftrength  is  belt  perceived  in  Action,  are  placed  in 
a  certain  mediocrity  and  equability,  ib  are  they  in  fbme  measure  Con- 
nected amongft  themfelves,  and  cohere,  (6  as  it  feems  to  be  b.ic  one  of- 
fice in  all,  that  is,  the  moderation  of  Lufts.  Now  in  whatfbever  kind 
this  moderation  if,  it  is  no  great  matter  how  it  be  denominate  :  Albeit 
that  moderation,  which  is  placed  in  publick  matters,  and  Mens  mutual 
commerces  dothfeem  molt  tidy  to  be  understood  by  the  name  of  Juftice. 
M.  Herein  I  very  willingly  affent  to  you.  B.  In  the  Creation  of  a  King, 
I  think  the  Ancients  have  followed  this  way,  that  if  any  among  the  Citi- 
zens where  ot  any  lingular  excellency,  and  teemed  to,  exceed  all  others 
in  Equity  and  Prudence,  as  is  reported  to  be  done  in  Bee-Hives^  they  wiU 
Hngly  conferred  the  Government  or  Kingdom  on  him.  M.  It  is  credit 
ble  to.  have  been  fb.  B.  But  what  if  none  (uch  as  we  have  fpoken  of, 
thpuld  be  found  in  the  City  ?  M.  By  that  Law  of  Nature,  whereof 
we  formerly  made  mention,  equals  neither  can ,  nor  ought  to  Ulurp  Do- 
minion: For  by  Nature  I  think  itjuu\  that  amongfr.  theft  that  are  equal 
in  all  other  things,  their  courfe  of  ruling  and  obeying  (houid  be  alike. 
B.  What  if  a  People,  wearied  with  yearly  Ambition  be  willing  to  Elect 
fbme  certain  Perfbn  not  altogether  endowed  with  all  Royal  Vertues,  but 
either  famous  by  his  Noble  Defcent,  or  Warlike  Valour  ?  will  you  not 
think  that  he  is  a  lawful  King  ?  M.  Moil  lawful,,  for  the  People  have 
Power  to  Confer  the  Government  on  whom  they  pleafe.  B.  What  it  we 
fliall  admit  fbme  acute  Man,  yet  not  endowed  with  notable  skil,  for  Cu- 
ring pifeafes  ?  ftiall  weprefently  account  him  a  Phyfkian,  as  fbon  as  he 
is  chofen  by- aU,.J.  M.  Not  at  all;  for  by  Learning,  and'  the  Expericnis 
of  many  Arts,  and  not  by  fuflrages  is  a  Man  made  a.Phyficjarv  B.  What 
maketh  Artifts  in  other  Arts?  M.  I  think  there  is,  one  rqafbn  of  all.  B. 
Do  you  think  there  is  any  Art  of  Reigning  or  not  ?  M  Why  not.  B. 
Qan,  you  give  me  a  reafbn  why  you  think  fb  ?  M.  I.  think  I  can,  namely 
tfciat  fame  which  is  ufually  given  in  other  Arts.  B.  What  is  that  ?  M  Be- 
caulf  the  beginnings  of  all  Arts  proceed  from ,  experience.  Fqrt  whilir.  ma- 
ny djd  rafhly  and  without  any  reafbn  undertake  to  Treat  of  many  tilings, 
aod>  others  again  through,    exerciuuonandconluetude.  didithe  fame  more 

fagaciouily, 


The  due  PrivikJge  of  the  Scotch  G  over  mem.  1 1 

fagaciaufly,  noticing  the  events  on  both  hands,  and  perpending  the  caufes 
thereof,  fome  acute  Men  have  digefted  a  certain  order  of  precepts,  and 
called  that  Defcription  an  Art.     B,'  Then  by  the  like  animadverfion  may 
not  fome  Art  of  Reigning  be  defcrihed,  as  well  as  the  Art  of  Phyfick  ? 
A£  I  think  there  may.     B.  Of  what  precepts  Ihall  it  confift  ?    M.  I  do 
not  know  at  prefent.     B.  What  if  we  mall  find  it  out  by  comparing  it 
with  other  Arts  ?  M.  What  way  ?  B.  This  way  :  There  be  fome  precepts 
of  Grammar,    of  Phyfick  and  Husbandry.    M.  1  underftand.   B.  Shall 
we  not  call  thefe  precepts  of  Grammarians  and  Phyficians  Arts  and  Laws 
alfo,  and  (b  of  others  ?  M.  It  feems  indeed  fb.  B.  Do  not  the  Civil  Laws 
feem  to  be  certain  precepts  of  Royal  Art .;    M.  They  feem  fb.     B.  He 
mull  theretorebe  acquainted  therewith, who  would  be  accounted  a  King.  M. 
It  feems  fb.  fl. What  if  he  have  no  skill  therein?  Albeit  the  People  fhall 
command  him  to  Reign,  think  you  that  he  fhould  be  called  a  King  ?  M. 
You  caufe  me  here  to  hefitate;  For  if  I  would  content  with  the  former  di£ 
courfe,  the  fufttages  of  the  People  can  no  more  make  him  a  King,  than 
any  other  Arttft.     3.  What  think  you,   (hall  then  be  done  ?  For  unlefs 
we  have  a  King  chofen  by  fuffrages,  I  am  afraid  we  (hall  have  no  law- 
ful King  at  all.     M.  And,  I  fear  alio  the  fame.     B.  Will  you  then  be 
content   that  we  more  acurately  examine  what  we  have  l'afl  fet  down 
in  comparing  Arts  one  with  another  ?  M.   Be  it  fb,  if  it  fb  pleafe  you.  B. 
Have*  we  not  called  the  precepts  of  Artifts  in  their  feveral  Arts,  Laws? 
M.  We  have  done  Co.     B.  But  I  fear  we  have  not  done  it  circumfpec^ly 
enough.     M.  Why?    B.  Becaufe  he  would  feem  abfiird  who  hid  skill 
in,  any  Art,  aru$  yet  not  to  be  an  Artift.     M.  It  were  Co .-    B.  But  he 
that  doth  perform  what  belongs  to  an.  Art,  we  will  account  him  an  Ar- 
t^ whether  he  do  it  naturally,  or  by  fome  perpetual  and  conftant  Tencur 
ar»i  faculty.     M.  I  think  fo.     B.  Wc  fhall  then  call  him  an  Artift,  who 
knows  well  this  rational  and  prudent  way  of.  doing  any  thing  well,  pro- 
viding he  hath  acquired  that  faculty  by  conftant  Practice.     M.  Much 
better  than  him  who  hath  the  bare  precept  without  ufe  and  exercitation. 
B..  Shall  we  not. then  account  thefe  precepts  to  be  Art?     M.  Not  at  all, 
but  a  certain  fimilkude  thereof,,  or  rather  a  fhadow  of  Art  ?  B.   What  is 
tben.that  Governing  faculty  of  Chies,  which  we  (hall   call  Civil  Art  or 
Science  ?    M.  Ltfeemfc  you  would. call  it  Prudence  .-  Out  of  which,  as  from 
a, Fountain  or  Spring,  all  Laws,  providing  they  be  ufeful  for  the  preser- 
vation of  humane  Society,  muft  proceed  and  be  derived.     B.  You  have 
hit  the  Nail  on  the  Head  j  if  this  then  were  compleat  and  perfect  in  any 
perfon,  we  might  fay  he  were  a  King  by  Nature,  and  not  by  fuftra^es, 
and  might,  refig^over,  to. him  a. Free. Power  over  all"  things;  But  if.  we 

m 


ii  The  due  Privikdge  of  the  Scotch  Government. 

find  not  fuch  a  man,  we  (hall  alfb  call  him  a  King,  who  doth  come  nea- 
reft  to  that  Eminent  excellency  of  Nature,  embracing  in  him  a  certain 
fimilitude  of  a  true  King.     M  Let  us  call  him  fb,  if  you  pleafe.     B. 
And  becaufe  we  fear  he  be  not  firm  enough  againft  inordinate  affections, 
which  may,  and  for  the  moft  part  ufe  to  decline  Men  from  Truth,  we 
mail  adjoyn  to  him  the  Law,  as  it  were  a  Colleague,  or  rather  a  Bridler 
of  his  Lulls.     Ai.  You  do  not  think  that  a  King  mould  have  an  Arbi- 
trary Power  over  all  things.     B.  Not  at  all':  For  I  remember,  that  he 
is  not  only  a  King,  but  alfo  a  Man,  Erring  in  many  things  by: Ignorance, 
often  failing  willingly,  doing  many  things  by  conttraint :  Yea  a  Creature 
eafily  changeable  at  the  blaft  of  every  Favour  or  Frown,  which  natural 
Vice  a  Magiftrate  ufeth  alfb  to  increase;  fb  that  here  I  chiefly  find  that  of 
the  Comedy  made  true.     All  by  Liceiifi  become  worfe:    Wherefore  the  mofl: 
Prudent  have  thought  it  expedient  to  adjoyn  to  him  a  Law,  which  may 
either  "(hew  him  the  way,  if  he  b^  ignorant,  or  bring  him  back  again 
into  the  way,  if  he  wander  out  of  it  :  By  thefe,  I  fuppote,  you  under- 
ftand,  as  in  a  reprefentation,  what  I  judge  to  be  the  duty  of  a  true  King. 
M.  Of  the  caufe  of  Creating  Kings,  of  their  name  and  duty  you  have 
hilly  Satisfied  me.     Yet  I  mail  not  repine,  if  you  pleafe  to  add  ought  there- 
to .-  Albeit  my  mind  doth  haften  to  hear  what  yet  feems  to  remain,  yet 
there  is  one  thing  which  in  all  your  difcourfe  did  not  a  little  offend  me, 
which  I  think  mould  not  be  paff.  over  in  filence,  "W^.  That   you   feem 
fbmewhat  injurious  to  Kings,  and  this  very  thing  I  did  fufpeef.  in'^ou 
frequently  before  ,  whilft  I  often  heard  you  fb   profufely  commend  the 
Ancient  Common- Wealths,  and  the  City  of  Venice.     B    You  did' not 
rightly  herein  judge  of  me.     For  I  do  not  fb  much  look  to  the  diffe- 
rent form  of  Civil  Government  (  fuch  as  was  amongft  the  Romany '  Maf- 
filUns^  Venetians  and  others,  amongft  whom   the    Authority -of  Laws 
were  more  Powerful,  than  that  of  Men  )  as  to  the  equity  of  : the  form 
of  Government ;  nor  do  I  think  it  matters  much,  whether  Kjng,  Dul<e, 
Emperor,  or  Conful  be    the  name    of  him  who  is  Chiefeft  in  Authority, 
providing  this  be  granted,  that  he  is  placed  in  the  Magiftracy    for  the 
maintainance  of  Equity,  for  if  the  Government  be  lawful  we  muff,  not 
contend  for  the  name  thereof.     For  he  whom  we  call  the  Duke  of  Venice, 
is  nothing  elfe  but  a  lawful  King  :  and  the  firft  Confuls  did  not  only  re-' 
tain  the  Honours  of  Kings,  but  alfb  their  Empire  and  Authority,  this 
only  was  the  difference,  that  not  one,  but  two  of  them  did  Reign  ( which 
alfb  you  know  was  ufual  in  all  the  Lacedemonian  Kings,)  who  were  Crea- 
ted or  Chofen   not  conitantly  to  continue  in  the  Government,  but  for 
one  Year.     We  muff,  therefore  always  ft  and  to  What  we  fpoke  at  firfl:, 

that 


The  due  Priirikdgc  of  the  Scotch  Government.  1 3 

that  Kings  at  firft  were  inftituted  for  maintaining  equity.  If  they  could 
have  holden  that  foveraignty  in  the  cafe  they  had  received  it,they.  might 
have  holden  and  kept  it  perpetually  ;  but  this  is  free  and  loofed  by  Laws. 
Bur(asitis  with  human  things,'tht  State  of  affairs  tending  to  worfe,the  fove- 
raign  Authority  which  was  ordained  for  publick  utility  degenerated  into  a 
proud  domination.  Forwhenthe  luft  of  Kings  flood  inftead  of  Laws,  and 
men  being  vefted  with  an  infinite  and  immoderate  power,  did  not  contain 
themfelves  within  bounds,  but  connived  at  many  things  out  of  favour,  ha- 
trcd,or  felf  intereft,the  infolency  of  Kings  made  Laws  to  be  defired.For  this 
caufe,  therefore  Laws  were  made  by  the  People,  and  Kings  conftrained  to 
make,  jUfe>  not  of  their  own  licencious  Wills  in  judgment,  but  of  that 
right  or  priviledge  which  the  People  had  conferred  upon  them.  For  they 
were  taught  by  many  experiences,that  it  was  better,  that  their  liberty  fhould 
be  concredited  to  Laws  than  to  Kings,whereas  the  one  might  decline  many 
ways  from  the  "Truth,  but  the  other  being  deaf  both  to  intreaties  and 
threats,  might  ft  ill  keep  one  and  the  fame  tenor.  This  one  way  of 
Government :  is  to  Kings  prefcribed,  other  wife  free,  that  they  fhould 
conform  their  aclions  and  fpeech  to  the  Prefcripts  of  Law?,  and  by  the 
functions  thereof  divide  rewards  and  punifhments,  the  greateft  Bonds  of 
holding  faff,  together  human  Society.  And  laftlyveven  as  faith,  that  famous 
Legiflator  ,  A  Kjng  fhould  be  a  fpeakjng  Law,  and  the  Law  a  dumb  King. 
M.'At  firfl:  youfo  highly  pr \ ifed  Kings,  that  you  made  their  Majefty 
almoft.  glorious  and  facred,  but  now,  as  if  you  had  repented  info  doing, 
I  do  not  know  within  what  ftrait  Bonds  you  fhut  them  up,  and  being 
thru  ft  into  the  Prifon  (I  may  fay)  of  Laws,  you  do  fcarce  give  them 
leave  to  fpeak.  And  as  for  my  part,  you  have  difappointed  ms  of  my 
expectation  very  far.  For. I  expected,  that  (according  to  the  mofl  famous 
Hiftoriansj  you  .fhould  have  reftored  the  thing  which  is  the  raoft  glorious 
both  with'God  and  Man,  into  its  own  fplendor,  either  of  your  own  ae- 
cord,or  at  my  dehre  in  the  feries  in  your  difcourfe,  which  being  fpoiled  cf 
all  Ornaments,  you  have  brought  it  into  fubjeclion}  and  that  Authority, 
which  through  all  the  World  is  the  chiefeft,  you  having  hedged  in  round 
about  and  made  it  almoft  fo  contemptible,a's  not  to  be  defired  bv  any  Man 
in  his  right  wit?.  For  what  Man.  in  his  right  wits  would  not  rather  live 
as  a  private  Man  with  a  mean  fortune,  than  being ' 'ft ill'  in  action  about 
other  Mens  Affairs,  to  be  in  perpetual  trouble,  and  neglecting  his  own 
Affairs,  to  order  the  whole  Courfe  of  his  Life  according  to  other  Mens 
Rules  ?  But  if  that  be  the  Terms  of  Government  every  where  propofed, 
I  fear  there  will  be  a  greater  lcarcity  of  Kings  found',  than  was  of  Bi- 
fhops  in  the  firft  Infancy  of 'our  Religion.     Nor  do  I  much  wonder,  if 

«       Kw 


*4  The  due  Prhikdge  of  the  Scotch  Government. 

Kings  be  regarded  according  to  this  plate  form,  being  but  Men  taken 
from  Feeding  Cattle ,  and  from  the'Plough ,    who  took  upon  them 
that  glorious  Dignity.     B.  Confider  I  pray  you,  in  how  great  an   Error 
you  are,  who  does  think  that  Kings  were  Created  by  People   and  Nati- 
ons not  for  Juftice,  but  for  pleafurc,  and  does  think  there  can  be  no 
Honour,  where   Wealth    and   Plealures  abound  not;   wherein  confi- 
der how  much  you  dimkifh  their  Grandeur.     Now  that  you  may  the 
more  eafily  underftand  it ;  compare    any  one    King  of  thofe  you  have 
feen  apparrelled  like  a  Childs  puppet  brought  forth  with  a  great  deal  of 
Pride  and  a  great  many  attendants,  meerlyfor  vain  orientation,  the  repre. 
fentation  whereof  you  mils  in  that  King  whom  wedefcribe.    Compare, 
I  fay,  (ome  one  of  thole,  who  were  famous  of  old,  whole  memory  doth 
even  yet  live,  flauriflieth  and  is  renowned  to  all  Pofterity.     Indeed  they 
were  luch  as  I  have  new  been  delcribing.     Have  you  never  heard  what 
an  old  woman  petitioning  Philip  King  of  Macedon  to  hear  her  Caufe,  an- 
swered him,  he  having  laid  to  her,  he  had  no  lealure,  to  which  flic  re- 
plied, then  ceale,  (laid  Ihe)  to  be  King  ?  have  you  never  heard,  (I  (ay) 
that  a  King  victorious  in   Co  many  Battles,  and  Conqueror  of  Co  many 
Nations,  admonilhed  to  do  his  duty  by  a  Poor  old  wife,  obeyed,  and 
acknowledged  that  it  was  the  duty  of  Kings  Co  to  do  ?  Compare  then  this 
Philip  not  only  with  the  greater!  Kings  that  are  now  in  Europe,  but 
allb  with  all  that  can  be  remembred  of  old,  you  fhall  Surely  find  none  of 
mem  comparable  to  thofe  either  for  Prudence,  Fortitude,  or  activity  ; 
few  equal  to  them  for  largenefs  of  Dominions.     If  I  fliould  enumerate 
Agefilaus,  Leonidas,  and  the  reft  of  the  Lacedemonian  Kings  (O  how  great 
Men  were  they)  I  Shall  feem  to  utter  but  obfolcte  Examples.    Yet  one 
laying  of  a  Lacedemonian  Maid  I  cannot  pals  over  with  filence,  her  Name 
was  Gorgo  the  Daughter  of  Cleemedes,  flic  feeing  a  Servant  pulling  off  the 
Stockings  of  an  Afmn  Ghuefi,  and  running  to  her  Father  cry*dout,  Father, 
the  Ghueft  hath  no  Hands ;  from   which  Speech  of  that  Maid  you  may 
eafily  judge  of  the  Lacedemonian  discipline  and  domeftick  Cullom  of  their 
Kings.     Now  thofe  who  proceeded  out  of  this  ruftick,  but  couragious 
way  of  life,  did  very  great  things :  but  ihofe  who  were  bred  in  the  AJt- 
atick^  way,    loft  by  their  luxury  and  floth  the  great  dominions  given  their 
Anceftors.     And,  that  I  may  lay  afide  the  Ancients.    Such  a  one  was 
PeUgius  not   long  ago  among  the  People  of  Galicia,  who  was  the  ftrft 
that  weakned  the  Saracen  forces  in  Spain,  yet  him  and  all  his  the  Grave  did 
inclofe,  yet  of  him   the   Spamjb  Kings  are  not  afhamed,  accounting  it 
their  greateft  glory  to  be  defended  of  him.     But  feeing  this  place  doth 
call  for  a  more  large  difcourfe,  let  us  return  from  whence  w  have  6*1- 

grefled 


The  due  Privikdge  of  the  Scotch  Government.  i  ? 

greffed.For  I  defire  to  fhew  you  with  the  firft  that  I  prom i fed, namely  that 
this  form  ofGovernment  hath  not  been  contrived  by  me,but  teems  to  have 
been  the  fame  to  the'tnoft  famous  men  in  all  Ages,and  Ifhall  fhew  briefly 
you  the  fpring  from  whence  I  have  drawn  thete  things.  The  Books  of  M. 
Tulhus  Cicero  which  are  intitied  of  Offices  are  by  common  content  of  all  ac- 
counted mod  praite  worthy,  in  the  tecond  Book  thereof  thete  words  are  tet 
down  verbatim,  it  teems  as  Herodotus  faith  that  of  old,  well  bred  Kings  were 
created,  not  amongft  the  Medes  only,  but  alio  amongft  our  Anceflors  for  ex- 
ecuting of]uftice,for  whilft  at  firft  the  People  were  oppreffed  by  thofe  that 
had  greater!:  wealth,they  betook  themtelves  to  fbme  one  who  was  eminent 
for  vertue,  who  whilft  he  kept  off  the  weakeft  from  injuries,eftablifhing 
equity,  he  hemmed  in  the  higheft  with  the  loweft  by   equal  Laws  to 
both.     And  the  reafon  of  making  Laws  was  the  fame  as  of  the  Creation 
of  Kings,  for  it  isrequiiite  that  juftice  be  always  equal,    for  otherwite  it 
were  not  juftice.     If  this  they   did  obtain  from  one  good  and  juft  Man, 
they  were  therewith  well  pleated,  when  they  did  not  occur,  Laws  were 
made,  which  by  one  and  the  fame  voice  might  fpeak  to  all  alike.     This 
then  indeed   is  evident,    that  thote  were  ufually  chofen  to  govern,  of 
whote  juftice  the  People  had  a  great  opinion.     Now  this  was  added,that 
fhete  Rulers  or  Kings  might  be  accounted  prudent,  there  was  nothing  that 
Men  thought  they  could  not  obtain  from  luch  Rulers.I  think,you  tee  from 
thefe  words,  what   Cicero  judgeth  to   be  the  reafon   of  requiring  both 
Kings  and  Laws.     I  might  here  commend   X^nofhon  a  witnefs  requiring 
the  fame,  no  lefs  famous  in  War-like  affairs,  than  in  the  ftudy  of  Phy- 
lofbpy,  but  that  I  know  you  are  fo  well  acquainted  with  his  Writings,  as 
that  you  have  all  his  tentences  marked.     I  pafs  at  pretent  Plato  and  Ariftc- 
tle ,  albeit  I  am  not  ignorant  how  much  you  have  them  in  eftimation. 
For  I  had  rather  adduce  for  confirmation  Men  famous  in  a  middle  degree 
ef  affairs,  than  out  of  Schools.    Far  lefs  do  I  think  fit  to  produce  a 
Stoick  King,  fuch  as  by  Seneca  in  Tbyefies  is  deteribed  ;  Not  Co  much  be- 
cautethat  Idea  of  a  King  is   not  perfect,  as  becaute  that  Examples  of  a 
good  Prince  may    be  rather  impreffed  in  the   Mind,  than  at  any  time 
hoped  for.  But  left  in  thote  I  have  produced  there  might  be  any  ground 
of  calumny,  I  have  not  fet  before  you  Kings  out  of  the  Scythian  fblitude, 
who  did    either  ungird  their  own   Horfes,  or  did  other  tervile    work, 
which  might  be  very  far  from  our  manner  of  living:   but  even  out  of 
Gree:e,  and  fuch,  who  in  thete  very  times,  wherein  the  Grecians  did  moft 
flourifh  in  all  liberal  Sciences,  did  rule  the  greateft  Nations,or  well  govern- 
ed Cities  j  and  did  Co  rule,  that  whilft  they  were  alive  were  in  very  great 
efteem  amongft  their  People,  a,nd  being  dead  left  to  Pofterity  a  famous 

D  memory 


1 6  The  due  Priviledg  of  the  Scorch  Government. 

memory  of  themfelves.    Ai.  If  now  you  ask  me  what  my  judgment  is, 
I  fcarce  dare  confefs  to  you  either  mine    ineonftancy  or  timidity,  or  by 
what  other  name  it  fhall  pleafe  you  to  call  that  vice.     For  as  often  as  I 
read  thefe  things  you  have    now  recited  in  the  molt  famous  Hiftorians, 
or  hear  the  fame  commended  by   very  wife     Men,    whofe  Authority  I 
dare  nor  decline :   and  that  they  are  approved  by   all  good  and  honed 
Men  to  be  not  only  true,  equitable  and  fincere,  but   alfb   feem  llrong 
and  fplendid.     Again  as  oft  as  I  caff,  mine  Eyes  on  the  neatnefs  and  ele- 
gancy of  oUr  times,  that  antiquity  feemeth  to  have  been  venerable  and 
fbber,  but  yet  rude,  and]  not   fufnciently  polifhed,  but  of  thefe  things 
we  may   perhaps   fpeak    of  hereafter  at  more  leafure.     Now  if  it  pleafe 
you,  go  on  to  profecute  what  you  have  begun.     B.  May  it  pleafe  you 
then  that  we  recollect  briefly  what  hath  been  [aid  ?  fo  fhall  we  underftand 
belt  what  is  paft,  and  if  ought  be  rafhly  granted,  we  fhall  very  foon 
retracl;  it.     -M.  Yes  indeed.     B.  Firft  of  all  then    we  agree,  that  Men 
by  nature  are  made  to  live  in  fbciety  together,  and  for  a  communion  of 
life.     M.  That  is  agreed  upon.     B.  That  a  King  alfb  chofen  to  maintain 
that  fbciety  is  a  Man  eminent  in  Vertue.     M.  It  is  fb.     B.  And  as  the 
difcords  of  Men  amongfl:  themfelves  brought  in  the  neceffity  of  crearing 
a  King,fb  the  Injuries  of  Kings  done  againft  their  Subjects  were  the  caufe 
of  defiring  Laws.  M.  I  acknowledg  that.  B.  We  held  Laws  to  be  a  Proof 
of  the  Art  of  Government,  even  as  the  Precepts  of  Phyfitians  are  of  the 
Medicinal  Art.M.It  is  fb.  B.But  it  feems  to  be  more  fafe  Cbecaufe  in  neither 
of  the  two  have  we  fet  down  any  lingular  and  exact  Skill  of  their  feveral 
Arts^  that  both  do,as  fpeedily  as  may  be,  heal  by  thefe  Preferiprs  of  Art. 
M  It  is  indeed  fafeft.  B.  Now  the  Precepts  of  the  Medicinal  Art  are  not 
of  one  kind.     M  How  ?  B.  For  fbme  of  them  are  for  prefervation  of 
health,  others  for  reftoration  thereof.  M.  Very  right.  B.  What  fay  you  of 
the  governing  Art  ?  M.  I  think  there  be  as  many  kinds.   B.  Next  then  it 
feems,  that  we  confider  it.  Do  you  think ,    that  Phyfitians  can  (b  exactly 
have  Skill  of  all  difeafes  and  of  their  remedies,as  nothing  more  can  be  re- 
quired for  their  cure  ?  M  Not  at  all,for  many  new  kinds    of  Difeafes  a- 
rife  almoft  in  every  Age,  and  new  remedies  for  each  of  them,almoft  every 
year  arc  by  Men's  Induftry  found  out,  or  brought  from  far  Countries.  B. 
What  think  you  of  the  Laws  of  Commonwealths.  M  Surely  their  cafe 
feems  to  be  the  fame.  B.  Therefore  neither  Phyfitians,nor  Kings  can  evite  or 
cure  all  Difeafes  of  Common  weakhs^by  the  Precepts  of  their  Arts,which 
are  delivered  to  them  in  Writ.  M.  I  think  indeed  they  cannot.  B>  What  if 
we  fhall  farther  try  of  what  things  Laws  may  be  eftablifhed  in  Common- 
wealths3*nd  what  cannot  be  comprehended  within  Laws.  M.That  will  be 

worth 


The  due  Priviledge  of  the  Scotch  Government.  1 7 

worth  our  pains.  B.  There  teems  to  be  very  many  and  weighty  things, 
which  cannot  be  confined  within  Laws.  Firft,  all  fuch  things,  as  fall 
into  the  deliberation  of  the  time  to  come.  M,  All  indeed..  B.  next, 
many  things  already  pair,  fuch  are  thefe  wherein  truth  is  fought  by  con- 
jectures, confirmed  by  Wirnefles,  or  extorted  by  Torments.  M.  Yes 
indeed.  B.  In  unfolding  then  thefe  Queftions,  what  fhall  the  King  do  ? 
Af.  I  tee  here  there  is  no  need  of  a  long  diteourte,  teeing  Kings  do  not 
fb  arrogate  the  Supream  Power  in  thote  things  which  are  inftituttd  with 
refpect  to  the  time  to  come,  that  of  their  own  accord  they  call  to  Council 
fbmeof  the  moft  prudent.  B.  What  fay  you  of  thote  things  which  by 
conjectures  are  found  out,  and  made  out  by  Wi  nefles,  fuch  as  are  the 
Crimes  of  Murther,  Adultery  and  Witchcraft  ?  M.  Thete  are  examined 
by  the  skill  of  Lawyers,  diteovered  by  diligence,  and  thete  I  find  to  be 
for  the  moft  part  left  to  the  judgment  of  Judges.  B.  And  perhaps  very 
right  -j  for  if  a  King  would  needs  be  at  the  private  cautes  of  each  Subject, 
when  (hall  he  have  time  to  think  upon  Peace  and  War,  and  thote  affairs 
which  maintain  and  preterve  the  iafety  of  the  Common-wealth  ?  And 
laftly  when  fhall  he  get  leave  to  reft  ?  At  neither  would  I  have  the  cog- 
nition of  every  thing  to  be  brought  unto  a  King,  neither  can  one  man 
be  fufficient  for  all  the  cautes  of  all  men,  if  they  be  brought  unto  him  ; 
that  Council  no  lefs  wite  than  neceflary  doth  pleate  me  exceeding  weli, 
which  the  Father  in  Law  of  Mofes  gave  him  in  dividing  amongft  many 
the  Burden  of  hearing  Cautes,  whereof  I  fhall  not  fpeak  much,  teeing 
the  Hiftory  is  known  to  all.  B.  But  I  think,  thete  Judges  muft  Judg  ac- 
cording to  Law.  M.  They  muft  indeed  do  fb.  But  as  I  conceive,  there 
be  bur  tew  things,  which  by  Laws  may  be  provided  againft,  in  refpect 
of  thote  which  cannot  be  provided  againft. 

B.  There  is  another  thing  of  no  lefs  difficulty,  becaute  all  thete  things 
which  call  for  Laws,  cannot  be  comprehended  by  certain  preteriptions. 
M.  How  fb :  B.  Lawyers,  who  attribute  very  much  to  their  own  Art, 
and  who  would  be  accounted  the  Priefts  of  Juftice,  do  confefs  that  there 
is  fo  great  a  multitude  of  affairs,  that  it  may  teem  almoft  infinite,  and 
fay  that  daily  arife  new  crimes  in  Cities,  as  it  were  teveral  kinds  of  Ulcers, 
what  fhall  a  Law-giver  do  herein,  who  doth  accommodate  Laws  both  to 
things  pretent  and  preterite  ?  M.  Not  much,  unlefs  he  be  fbme  Divine-like 
Perfon.  B.  Another  difficulty  doth  alfb  Occur,  and  that  not  a  fmall  one, 
that  in  fo  great  an  Inconftancy  of  humane  Frailty,  no  Art  can  almoft 
preteribe  any  thing  altogether  ftable  and  firm.  M.  There  is  nothing 
mote --true  than  that.  B.  Jc  teemeth  then  moft  fafe  to  truft  a  skilful  Phyiici- 
an  in  the  Health  of  the  Patient,  and  alfb  the  King  in  theState  of  the  Com- 

D  2  mon- 


1 8  The  due  Priviledge  of  the  Scotch  Government. 

mon-  wealth.  For  a  Phyfitian  without  the  rule  of  Art  will  oftentimes 
Cure  a  weak  Patient,  either  by  contenting  thereto,  or  againft  his  will  i 
And  a  King  doth  either  perfwade  a  new  Law  ufeful  to  his  Subjects,  or 
elfe  may  impofe  it  againft  their  will.  M.  1  do  not  fee  what  may  hinder 
him  therein.  B.  Now  leeins  both  the  one  and  the  other  do  thefe  thinp-^, 
do  you  think  that  befides  the  Law,  either  of  them  makes  his  own  Law  ? 
M  It  feems  that  both  doth  it  by  Art.  For  we  have  before  concluded 
not  that  to  be  Art  which  confifts  of  precepts,  but  Vertue  contained  in 
the  mind,  which  the  Artift  ufually  makes  ufe  of  in  handling  the  matter 
which  is  fubjecl:  to  Arts.  Now  I  am  glad  (feeing  you  lpeak  ingenuouflyj 
that  you  being  conftrained,  as  it  were,  b/  an  interdiction  of  the  very 
truth,  do  fo  far  rertore  the  King  from  whence  he  was  by  force  dejected. 
B.  Stay,  you  have  not  yet  heard  all.  There  is  another  inconvenience  in 
the  Authority  of  Laws.  For  the  Law  being  as  it  were  a  pertinacious, 
and  a  certain  rude  Exactor  of  duty,  thinks  nothing  right,  but  what  it  felf 
doth  command.  But  with  a  King,  there  is  an  excufe  of  Infirmity  and 
Temerity,  and  place  of  Pardon  left  for  one  found  in  an  Error.  The 
Law  is  Deaf,  Cruel  and  Inexorable.  A  Young  man  Pleads  the  frailty 
of  his  Years,  a  Woman  the  infirmity  of  Her  Sex,  another  his  Poverty, 
Drunkennels,  Affection.  What  faith  the  Law  to  thefe  excufes?  Go 
Officer  or  Serjeant,  convene  a  Band  of  xMen,  Hoodwink  him,  Scourge 
him,  Hang  him  on  a  Tree.  Now  you  know  how  dangerous  a  thing  it 
is,  in  fb  great  a  Humane  frailty,  to  have  the  hope  of  Safety  placed  in 
Innocency  alone.  M.  In  very  Truth  you  tell  me  a  thing  full  of  Hazard. 
B.  Surely  as  oft  as  thefe  things  come  into  mind,  I  perceive  fome  not  a 
little  troubled.  M  You  fpeak  true.  B.  When  therefore  I  ponder  with 
my  lelf  what  is  before  pail:  as  granted,  I  am  afraid  left  the  comparifbn 
of  a  Phyfitian  and  of  a  King  in  this  cafe  feem  not  pertinently  enough  in- 
troduced. M.  In  what  cafe  ?  B.  When  we  have  liberated  both  of  the 
fervitude  of  precepts,  and  given  them  almolf  a  free  liberty  of  Curing.  M. 
What  doth  herein  efpecially  offend  you  .;  B.  When  you  hear  it,  you 
will  then  judge.  Two  caufes  are  by  us  fet  down,  why  it  is  not  expedi- 
ent for  a  People  that  Kings  be  looied  from  the  bonds  of  Laws,  namely, 
love  and  hatred,  which  drive  the  minds  of  Men  to  and  fro  in  judging. 
But  in  a  Phyfitian  it  is  not  to  be  feared,  left  he  fail  through  love,  feeing 
he  expecteth  a  reward  from  his  Patient  being  reftored  to  Health.  But 
if  a  Patient  underftand  that  his  Phyfitian  is  folicited  bv  Intreaties,  Pro- 
mifes  and  Mony  againft  his  Life,  he  may  call  another  Phyfitian,  or  if  he 
can  find  none  other,  I  think  it  is  more  lafe  to  feek  fbme  remedy  from 
Books  how  Deaf  focver,  than  from  a  corrupt  Phyfitian.     Now  becaufe 

we 


The  due  Privikdge  of  the  Scotch  Government.  1 9 

we  have  complained  of  the  Cruelty  of  Laws,  look  if  we  understand  one 
another  fufficiently.  Ml  How  fb?  B.  We  judged  an  excellent  King, 
fuchaswemay  more  fee  In  mind,  than  with  Bodily  Eyes,  not  to  be  bound 
by  any  Laws.  M.  By  none.  B.  Wherefore  ?  M.  I  think,  becaufe, 
according  to  Paul,  he  fhould  be  a  Law  to  himfelf  and  to  others,  that 
he  may  exprefs  in  life  what  is  by  Law  enjoyned.  B.  You  judge  right- 
ly ;  and  that  you  may  perhaps  the  more  admire  ,  feveral  Ages  before 
Paul,  Anftotlc  did  fee  the  fame,  following  Nature  as  a  Leader,  which 
therefore  I  (ay,  that  you  may  fee  the  more  clearly  what  hath  been  pro- 
ved before,  to  wit,  that  the  Voice  of  God  and  Nature  is  the  fame.  But 
that  we  may  profecute  our  purpofe.  What  (hall  we  fay  they  had  a  re- 
flect unto,  who  firft  made  Laws  ?  M.  Equity  I  think,  as  hath  been  laid 
before.  B.  I  do  not  now  demand  that,  what  end  they  had  before  them, 
but  rather  what  pattern  they  propofed  to  themfelves  ?  M.  Albeit  perhaps 
I  underftand  that,  yet  I  would  have  you  to  explain  it,  that  you  may  con- 
firm my  judgment,  if  I  rightly  take  it  up,  if  not,  you  may  amend  my 
Error.  B.  You  know,  I  think,  what  the  dominion  is  of  the  mind  over 
the  Body.  M  I  feem  to  know  it.  B,  You  know  this  alio,  what  ever 
we  do  not  ralhly,  that  there  is  a  certain  Idea  thereof  firft  in  our  minds, 
and  that  it  is  a  great  deal  more  perfect  than  the  works  to  be  done,  which 
according  to  that  Pattern  the  chiefeft  Artifts,  do  frame,  and  as  it  were 
exprefs.  M.  That  indeed  I  rind  by  experience  both  in  (peaking  and 
writing,  and  perceive  no  lefs  words  in  my  mind,  than  my  mind  in  things 
wanting.  For  neither  can  our  mind,  fhut  up  in  this  dark  and  troubled 
Prifon  of  the  Body,  perceive  the  fubtilty  of  all  things ;  nor  can  we  fb  en- 
dure in  our  mind  the  reprefentation  of  things  however  forefeen  in  difcourfe 
vim  others,  fb  as  they  are  not  much  inferiour  to  chele  which  our  intellect 
hath  formed  to  it  fell,  B.  What  (hall  we  fay  then  which  they  fet  before 
them,  who  made  Laws  i  M.  I  feem  almoft  to  underftand  what  you 
would  be  at.  Namely,  that  they  in  Council  had  an  Idea  of  that  perfect 
King,  and  that  they  did  exprefs  a  certain  Image,  not  of  the  Body  but 
of  the  mind,  according  to  that  forefaid  Idea,  as  near  as  they  could. 
And  would  have  that  to  be  inftead  of  Laws  which  he  is  to  think  might 
be  good  and  equitable.  M.  You  rightly  underftand  it.  For  that  is  the 
very  thing  I  would  fay.  But  now  I  would  have  you  to  confider  what 
manner  or  King  that  is  which  we  have  conftitute  at  firft,  was  he  not 
one  firm  and  ftedfaft  againft  Hatred,  Love,  Wrath,  Envy,  and  other 
perturbations  of  the  mind  ?  M.  We  did  indeed  imagine  him  to  be  fuch 
a  one :  Or  believed  him  to  have  been  fuch  to  thofe  Ancients.  B.  But 
dp  Laws  feem  to  have  been  made  according  to  the  Idea  of  him  ?  M  No- 
thins 


The  due  Prwiledge  of  the  Scotch  Government. 

filing  more  likely.     B.  A  good  King  then  Is  nolefs  tevere  and  inexora- 
^e,  man   a  good   Law.     M.  He   is  even  as  fevere  ;  But  fince  I  can 
change  neither,  or  ought  to  defire  it,  yet  I  would  flacken  both  (bmewhat, 
T)     CA.n' .   ^'  ^ur  ^od  defires  not    that  mercy  be  (hewed  even  to  the 
I  oor  m  judgment,  but  commandeth  us  to  refpeel  that  one  thing  which 
M  Juft  and  Equal,  and  to  pronounce  Sentence  accordingly.     M.  1  do  ac- 
knowledge that,  and  by  truth  am  overcome.     Seeing  therefore  it  is  not 
.awful  to  loole  Kings  from  the  Bonds  of  Laws,  who  (hall   then  be  the 
Law-giver  ?  Whom  (hall  we  give  him  as  a  Pedagogue  ?    B.  whom   do 
you  think  fitieft  to  perform  this  duty  ?    M.  If  you  ask  at  me.     I  think 
the  King  himfelf.     For  in  all  other  Arts  almoft  we  fee  their  precepts  are 
given  by  the  Artifts;  whereof  they  make  ule,  as  it  were  of  commenrs, 
tor  confirming  their  Memory,  and  putting  others  in  mind  of  their  duty. 
■B.  On  the  contrary  I  fee  no  difference  :  Let  us  grant  that  a  King  is  at 
liberty  and  (blved   from    the  Laws,  (hall  we  grant  him  the  Power  to 
command  Laws  ?  For  no  Man  will  willingly  lay  Bonds  and  Fetters  upon 
himfelf.     And  I  know  not  whether  it  be  better  to  leave  a  Man   without 
Bonds,  or  to  Fetter  him  with  (light  Bonds,  becaufe  he  may  rid  himfelf 
thereof  when  he  pleafes.     JW.  But  vhen  you  concredit  the  Helm  of  Go- 
vernment rather  to  Laws. than  to  Kings,  beware  1  pray  you,  left  you 
make  him  a  Tyrant,  whom  by  name  you  make  a  King,  who  with  Au- 
thority doth  opprefs  and  with  Fetters  and  Imprifonment  doth  bind,  and 
(6  let  him  be  lent  back  to  the  Plough  again,  or  to  his  former  condition, 
yet  £rec  of  Fetters.     B.  Brave  words :  i  impofe  no  Lord  over  him,  but' 
1  would  have  it   in  the  Peoples  Power,  who  gave  him  the  Authority 
over  them felves,  to  prefcribe  to  him   a  Model  of  his  Government,  and 
that  the  King  may  make  ufe  of  that  Juftice,  which  the  People  gave  him 
over  themfelves.     This  I  crave.    I  would  nor  have  thefe  Laws  to  be  by 
force  impoftd,  as  you  interpret  it,  but  I  think  that  by  a  Common  Council 
with  the  King,  that  fhould  be  generally  eftablifhcd,  which  may  generally 
tend  to  the  good  of  all.     M  You  will  then  grant  this  Liberty  to  the 
People  ?    B.  Even  to  the  Pec  pie  indeed,  unlefs  perhaps  you  be  of  another 
mind.     m.  Nothing  feems  lefs  equitable.     B.  Why  (6?  M  You  know 
rtoait  laying,   a  Bcalt   with  many  Pleads.     You    know,  i  fiippofe,  how 
£rcat  the  temerity  and  inconftancy  of  a  People  is.  B.  1  did  never  imagine 
tlfat  that  matter  ought  to  be  granted  to  the  judgment  of  the  whole  Peo- 
ple in  general,  but  that  near  to  our  Cuftom,  a  ielect  number  out  of  all 
Eftates  may  convene  with  the  King  in  Council.     And  then  how  focn  an 
overture  by  them  is  made,    that  it  be  deterred  to  the   Peoples  judgment. 
&f.  I  underftand  well  enough  your  advice.     But  by  this  (6  careful  a  Cau- 
tion 


The  du>  Vrivikdge  of  the  Scotch  GovitKnim.  21 

tion  you  Teem   to  help  your  felf  nothing.     You  will  not  have  a  King 
loofed  from  Laws,  why  ?  Because,  I  think,  within  Man  two  moft  Cruel 
Monfters  lull:  and  wrath  are  in  a  continual  conflict  with  reafbn.   Laws  have 
been  greatly  deiired,  which  might  reprefs  their  boldnefs,  and  reduce  them 
too  much  infulting,  to  regard  a  juft  Government.     What  wil  thefe  G  un- 
fellors  given  by  the  People  do  ?  Are  they  not  troubled  by  that  fame  in- 
teltine  conflict  ?  Do  the/ not  conflict  with  the  fame  evils  as  well  33  the 
King?    The  more  then  you  adioyn  to  the  King  a;  AflefTjrs,  there  will 
be  the  greater  number  of  Fools,  from  which  you  fee  what  is  to  be  expe- 
cted.    B.  But  I  expect  a  far  other  thing    than  you  fuppofe.      Now  I 
fhall  tell  you  why  I  do   expect  it.     Firit,  it  is  not  altogccher  true  whac 
you  fuppofe,  vi%.  That  the  Ailembling  together  of  a  multitude  is   of  no 
purpofe,  of  which  number  there  will  perhaps  be  none  of  a  profound 
wic  ;  for  not  only  do  many  fee  more  and  underftand  more  than  one  of 
them  apart,  but  aifo  mire  than  one,  albeit  he  exceed   their  wit  and  pru- 
dence.    For  a  multitude  for  the  molt  part  doth  better  judge  of  all  things, 
than  lingle  perfons  apart.      For  every  one  apart  have  iome  particular  Ver- 
mes, which  being  United  together  make  up  one  excellent  Venue,  which 
may  be  evidently  feen  in  Phyficians  Pharmacies,  and  efpeciaily  in  that 
Antidote,  which  they  cail  Mithredate.     For  therein  are  many  things  of 
themfelves  hurtful  apart,  which  being  compounded  and  mingled  togeiher 
make  awholefom  Remedy  againft  Poyfbn.     In  like  manner  in  ibme  Men 
llownefs  and  lingring  doth  hurt,  in  others  a  Pricipitarrt  Temeritv,  both 
which  being  mingled  together  in  a  multitude  make  a  certain  Tempera- 
ment and  Mediocrity,  which  we  require  to  be  in  every  kind  of  Vertue. 
M  Be  it  fo,  feeing  you  will  have  it  fb,  let  the  People  make  Laws  and 
Execute  them  y  and  let  Kings  be  as  it  were  Keepers  of  Rcgifters.     But 
when  Laws  feem  to   Clafh,  or  are  not  exact  and  perfpicuous  enough  in 
Sanctions,  will  you  allow  the  King  no  intereft  or  medling  here,  efpeciai- 
ly fince  you  will  have  him  to  judge  all  things  by  written  Laws,  there  muft 
needs  enfue   many  abfurdities.     And,  that   I  may  make  ufe  of  a  very 
common  example  of  that  Law  commended  in  the  Schools.    If  a  Stranger 
fcale  a  Wall,  let  him  die.     What  can  be  more  abfurd  than  this,  that  the 
Author  of  a  publick  fafety  [  who  have  thruft  down  the  enemies  prefling 
hard  to  be  up)  fhould  be  drawn  to  punifhmenr,  as  if  he  had  in  Hoftility 
attempted  to  fcall  the  walls.     B.  That  is  nothing.     M.  You  approve  then 
that  old  faying,  the  higheft:  juftice  is  the  higheft  injury.  B.  I  do  indeed. 
If  any  thing  of  this  kind  come  into  debate,  there  is  need  of  a  meek  inter- 
preter, who  may  not  fuller  the  Laws  which  are  made  for  the  good  of  all 
to  be  calamitous  to  good  Men,  and  deprehend  in  no  Crime.    B.  You 

axe 


2i  The  due  Priviledge  of  the  Scotch  Government. 

are  very  right,  neither  is  there  any  thing  elfe  by  me  fought  in    ail  this 
difpute,  (if  you  have  fufficiently  noticed  it )  than  that  Ciceronian    Law 
might  be'   venerable  and  inviolable      Salus  Populi  Juprema  Lex  ejlo.     It 
then  any  fuch   thino:  (hall  come  into  debate,  lb  that  ir  be  clear  what  is 
good  and  juft,  the  Kings  duty  will  be  to  advert  that  the  Law  may  reach 
that  Rule  I  fpoke  of,  but  you  in  behalf  of  Kings  feem  to  require  more, 
than  the  moft  imperious  of  them  affume.   For  you  know  that  thefe  kind 
of  Queftions  is  ufually  referred  to  Judges,  when  Law  feemeth  to  require 
one  thing,  and   the  Law-giver  another  ;  even  as  thefe  Laws  which  arife 
from  an  ambiguous  right,  or  from  the  Difcord  of  Laws  amongft  them- 
felves.     Therefore  in  fuch  cafes  moft  grievous  contentions  of  Advocates 
arife  in  Judicatories,  and  Orators  precepts  are  diligently  produced.    M.  I 
know  that  to  be  done  which  you  fay.     But  in   this  Cafe  no  lefs  Wrong 
feems  to  be  done  to  Laws  than  to  Kings.     For  I  think  it  better   to  end 
that  Debate  prefently,  from  the  Saying  of  one  good  Man,  than  to  grant 
the  Power  of  darkning,  rather  than  interpreting  Laws  to  fubtle    Men, 
and  fometimes  to  crafty  Knaves ;  for  whilft  not  only  Contention  arifeth 
betwixt  Advocate  for  the  Caufes  of  Parties  contending,  but  alfb  for  Glo- 
ry, Contefts  are  nourifhed  in  the  mean  time,  Right  or  Wrong,  Equity 
or  Inequity  is  called  in  queftion  ;   and  what  we   deny  to  a  King,  we 
grant  to  Men  of  inferior  Rank,  who  ftudy  more  to  debate,  than  to  find 
out  the  Truth.     B.  You  feem  to  me  forgetful  of  what  we  lately  agreed 
upon.  M  What  is  that  ?  B.  That  all  things  are  to  be  fo  freely  granted 
to  an  excellent  King,  as  we  have  defcribed  him,  that  there  might  be  no 
need  of  any  Laws.  But  whilft  this  honour  is  conferred  to  one  of  the  Peo- 
ple, who  is  not  much  more  excellent  than  others,or  even  inferior  to  fbme, 
that  free  and  loofe  Lifence  from  Laws  is  dangerous.  M.  But  what  ill  doth 
that  to  the  interpretation  of  Law.  B.  Very  much.      Perhaps  you  do  not 
confider,  that  in  other  words  wereftore  to  him  that  infinite  and  immode- 
rate Power,  which  formerly  we  denied  to  a  King,  namely,  that  accor- 
ding to  his  own  Hearts  lull  he  may  turn  all  things  upfide-down.  M.  If  I 
do  that,  then  certainly  I  do  it  imprudently.  B.  I  fhall  tell  you  more  plain- 
ly, that  you  may  underftand  if.     When  you  grant  the  interpretation  of 
Laws  to  a  King,  you  grant  him  fuch  a  Licence,   as  the  Law  doth  not 
tell  what  the  Law  giver  mcaneth,  or  what  is  good  and  equal  for  all  in 
general,  but  what  may  make  for  the  Interpreters  benefit,  fo  that  he  may 
bend   it   to    all  a  irions  for  his  own  benefit  or  advantage,  as  the  Lesbian 
Rule.     yip.  Claudius  in  his  Decemvnatus,  made  a  very  juft  Law,  that  in  a 
liberal   Caufe  or  Plea,   fureties  fhould  be  granted  for  liberty.     What 
more  clearly  could  have  been    fpoken.     But   by  interpreting  the    fame 

Author 


ihe  due  Prhiledge  of  the  Scotch  Cover  mem.  2  3 

Author  made  his  own  Law  ufelefs.     You   fee ;  I  fuppofe  how  much 
liberty    you  give    a  Prince   by  one    caft ,    namely,    that   what    he 
pleafeth   the  Law  doth  fay,  what  pleafeth  him  not,  it  doth  not  fay.     If 
we  {hall  once  admit  this,  it  will  be  to  no  purpofe  to   make  good  Laws 
for  teaching  a  good  Prince  his  duty ;  and  hemm   in  an  ill  King.     Yea 
let  me  tell  you  more  plainly,  it    would  be   better  to  have  no  Laws  at 
all,  than   that  freedom  to   Ileal  mould  be  tolerate,  and  alfb  honoured 
under  pretext  of  Law.     M.  Do  you  think  that  any  King  will  be  fb  impu- 
dent, that  he  will  not  at  all  have  any  regard  of  the  fame  and  opinion? 
that  all  Men  have  of  him  ?  Or  that  he  will  be  fo  forgetful  of  his  Sub- 
jects, that  he  will  degenerate  into  their  Pravity,  whom  he  hath  reftrained 
by  ignominy,    imprifbnment,  confifcation  of  Goods,  and  in  a  word  with 
very  grievous  punimments  ?  B.  Let  us  not  believe  that  thefe  things  will 
be,  if  they  had  not  been  done  long  ago,  and  that  to  the  exceeding  great 
hurt  of  the  whole  World.  M  Where  do  you  tell  thefe  things  were  done  ? 
B.Doyou  ask,where?  As  if  all  the  Nations  in  Europe  did  not  only  fee,but 
feel  alfb  how  much  mifchief  hath  the  immoderate  Power,  and  unbridled 
Tyranny  of  the  Pofe  of  fyme  brought  upon  human  Affairs.     Even  that 
Power  which  from  fmall  beginning  and  feemingly  honeft  he  had  got, 
every  Man  doth  know  that   no  lets  can  be  feared  by  unwary  Perfbns. 
At  firft,  Laws  were  propofed  to  us,  not  only  drawn  out  of  the  innermoft 
fecrets  of  Nature,  but  given  by  God  himfelf,  explained  by  the    Pro- 
phets from  the  holy  Spirit,  at  laft  by  the  Son  of  God,  and  by  the  fame 
God  confirmed,  committed  to  the  writings  of  thofe  praiie  worthy  men, 
expreffed  in  their  Life,  and  fealed  with  their  Blood.     Neither  is  there  in 
the  whole  Law  any  other  place  more  carefully,  commendably,  or   more 
clearly  delivered,  than  that  of  the  Office  of  Bifhops.     Now  feeing  it  is 
lawful  to  no  man  to  add  any  thing  to  thefe  Laws,  to  abrogate  or  dero- 
gate ought  therefrom,  or  to  change  any  thing  therein,  there  did  remain 
but  one  interpretation,  and  whilft  the  Pope  did  arrogate  it,  he  not  only 
did  opprefs  the  reft  of  the  Churches,  but  claimed  a  Tyranny  the  moft 
cruel  of  all  that  ever  were,  daring  to  command  not  only  Men  but  Angels 
aifb,  plainly  reducing  Chrift  into  order,  if  this  be  not  to  reduce  him  into 
order,  that  what  thou  wilt  have  done  in  Heaven,    in  Earth  and  amongfl 
the  damned  in  Hell,  be  ratified^-  what  drift  hath  commanded,  let  it  be 
ratified,if  thou  wilt ;  for  if  the  Law  feem  to  make  but  little  for  your  be- 
hoof, interpreting  it  thus  you  may  back  bend   it,  fb  that  not  only  by 
your  Mouth,  but  alfo  according  to  the  -judgment  of  your  Mind  Chrift 
is  conftrained  to  fpeak.  Chrift  therefore  fpeaking  by  the  Mouth  of  the 
Pope,  Ptpin  is  fet  in  Cbildericks  place  of  Government,   Ferdmandus  of  Arra- 

E  gon 


H  The  due  Priviledgt  of  the  Scotch  Government. 

£«ifubftkutero  John  King  of  Navare.i  the  Son  arofe  in  Arms  againft  his 
Father,  and  Subjects  againft  their  King.  C  hrift  is  full  of  Poyfon,  then 
he  is  forced  by  Witches,  fo  that  he  killeth  Henry  of  Luxemburg  by  Poyfon. 
M  I  have  heard  thefe  things  often  before,  but  1  delire  to  hear  more 
plainly  lomewhat  of  that  interpretation  of  Laws.  B.  I  (hall  offer  you 
one  Example,  from  which  you  may  eafily  underftand,  how  much  this 
whole  kind  is  able  to  do.  The  Law  is,  a  Bifhop  muft  be  the  Husband 
of  one  Wife,  than  which  Law  what  is  more  clear,  and  what  may  be 
laid  more  plain  ?  One  Wife,  (faith  the  Law)  one  Church,  (faith  the 
Pope  J  fuch  is  his  interpretation.  As  if  that  Law  were  made  not  to  re- 
press the  Lufts  of  Biihops  but  their  Avarice.  Now  this  Explanation, 
albeit  it  faith  nothing  to  the  purpofe3  yet  doth  contain  a  judgment  honeft 
and  pious,  if  he  had  not  vitiated  that  Law  again  by  another  interpreta- 
tion. What  doth  therefore  the  Pope  devife  for  exc,ufe  ?  It  varieth 
(faith  hej  in  regard  of  perfbns,  cafes,  places  and  times.  Some  are  of  that 
eminent  difpofition,  that  no  number  of  Churches  can  fatisfie  their  Pride. 
Some  Churches  again  are  Co  poor,  that  they  cannot  maintain  him  who 
-was  lately  a  begging  Monk,  if  he  have  now  a  Mitre,  if  he  would  main- 
tain the  name  of  a  Biihop.  There  is  a  reafon  invented  from  that  crafty 
interpretation  of  the  Law,that  they  may  be  called  Bifhops  of  one  Church, 
or  other  Churches  given  them  in  Commendam,  and  all  may  be  robbed. 
Time  would  fail  me,  if  I  fhould  reckon  up  the  cheats,which  are  dayly  ex- 
cogitate againft  one  Law.  But  albeit  thefe  things  be  mod  unbefeeming 
as  well  the  name  of  a  Pope,  as  of  a  Chriftian,  yet  their  Tyranny  refts 
not  here.  For  fuch  is  the  natui  e  of  all  things,  that  when  they  once 
begin  to  fall  they  never  ftay  until  they  fall  headlong  into  deftrucHon. 
Will  you  have  me  to  mew  you  this  by  a  famous  Example  ?  Do  you  not  re- 
member upon  any  of  the  Ityman  Emperors  blood  who  was  more  cruel 
and  wicked  than  C.  Caligula  ?  Ai.There  was  none  that  I  know  of.  B.  Now 
what  was  his  moil  nefarious  villany  think  you?I  do  not  lpeak  of  thofe  deeds 
which  Popes  do  reckon  up  in  fome  referved  cafes,but  in  the  reft  of  his  life. 
M.  1  do-not  at  prefent  remember.  B.  What  do  you  think  of  that,  that 
having  called  upon  his  Horfe,he  invited  him  to  fup  with  him?  Set  a  golden 
grain  of  Barley  before  him,  and  made  him  Conful  ?  M.  Indeed  it  was 
fttbfl  impioufly  d^ne.  B.  What  think  you  of  that,  how  he  made  the 
fame  Horfe  his  Colleague  in  the  Priefthood  ?  M.  Dj  you  tell  me  that 
•in  p^od  earned ■?  B.  Indeed  in  good  earneft,  nor  do  I  admire  that  thefe 
things  feem  to  you  feigned.  But  that  Upman  Jupiter  of  ours  hath  done  fuch 
things,  that  thofe  things  done  by  Caligula  may  feem  tiiie  to  V'  t 
rity.  I  fay  Pope  Ju.'mi  the  third,  who  feems  contending  with  C.  Ca- 
ligula 


the  due  Priviledge  of  the  Scotch  Government.  25- 

ligula  a  moft  wicked  wretch  for  prehemJncy  of  impiety.     M.  VVuat  did 
he  of  that  Kind  )  B.   He  made  his  Ape-keeper,  a  Man  almoft  more  vile 
than  the  vileft  Beaft,  his  Colleague  in   the   Papary.     M.  Perhaps   there 
was  another  caufe  of  choohng  him.    B.  Some   are  reported  indeed,  but  I 
have  picked  out  the  mod  hone  ft.  Seeing  then  fb  great  a  contempt  not  only 
of  the  Priefthood,  but  aifb  a    forgetfulnefs  of  humanity  ante  from  this 
freedom  of   interpreting  Laws,  beware    you    think    that  to  be  a  fmall 
Power.     M  But   the  Antients  'feern  not  to  have  thought  it  fb  great   a 
bufinefs  of  interpreting,  as   you  would  have   it  teem  to  be.     Which  by 
by  this  one  argument    may   be  underftood,  becaufe  the    Roman  Empe- 
rours  granted    it  to  Lawyers :  which    one   reafbn  doth   overturn  your 
whole  tedious   dilpute,  nor  doth  it  only   refute   what  you  fpoke  of  the 
greatnefs  of  that  Power,but  alio  that  which  you  moft  fhun,it  perfpicuoufly 
declareth,  what  Power  they  granted  to  others,  of  anfwering  rightly,  wa* 
not  deried  to  themtelves,  if  they  had  been  pleated  to  exerce  that  office, 
or    could  have   done  it  by  reafbn    of  greater  affairs.     B.  As  for  thofe 
Roman  Emperours,  whom  the  Soldiers  did  choofe  indeliberately,  and  with- 
out any  regard  to  the  common  good  of  all.     Thete  fall  not  under  this 
notion  of  Kings  which  we  have  defcribed,  fb  that  by  thofe  that  were  moft 
wicked  were  they  choofen  who  for  the  moft  part  were  moft  wicked,  or 
elte  laid  hold  upon  the  Government  by  violence.     Now  I  do  not  repre- 
hend   them  for  granting  Power  to  Lawyeis  to  interpret  the  Law.     And 
albeit  that  Power  be  very  great,  as  I  have  faid  before,  it  is  notwithstand- 
ing more  fafely  concredited  to  them  to  whom  it  cannot  be  an  inftrjument 
of  Tyranny.     Moreover  it  was  concredited  to  many  whom  mutual  re- 
verence did  hold  within   the  bounds  of  duty,  that  if  one  decline  from 
equity,  he  might  be  refuted  by  another,     And  if  they  fhould  have  all 
agreed  together  into  fraud,  the  help  of  the  Judge  was  above  them,  who 
was  not  obliged  to  hold  for  Law  what  ever  was  given  by  Lawyers  for  an 
Anfwer.     And  over  all  was  the  Emperour,  who  might  punifh  the  breach 
of  Laws.     They  being  aftri£ted  by  fo   many  Bonds  were  hemmed  in, 
and  did  fear  a  more  grievous  punifhment,than  any  reward  of  fraud  they 
could  expe£r. :  you  fee,  I  fuppofe  then  that  the  danger  to  be  feared  from 
fuch  kind   of  Men  was  not  fb  great.     M.  Have  you  no  more  to  fay  of 
a  King  ?    JB.Firft,  if  you  pleale,  let  us  collect  together,  what  is  already 
fpoken,fb  that  the  more  eafily  we  may  underftand,    if  any  thing  be    omit- 
ted.    M.  I  think  we  mould  do  fo.     B.  We  feemed  to  be  at  accord  fuffi- 
ciently  concerning  the  crigine  and  caufe  of  creating  Kings,  and  making 
Laws,  but  of  the  Lawgiver  not  fo,-  but  at  laft,  though  fbmewhat  un- 
.  willingly  I  feern  d  to  have  contented,  being  enforced  by  the  ftrength  of 

£  2,  truth 


a 6  The  due  Prlvlledge  of  the  Scotch  Government. 

Truth.  M.  Certainly  you  have  not  only  taken  from  a  King  the  Pow- 
er of  commanding  Laws,  but  alfo  of  interpreting  them,  even  whilft  I  as 
an  Advocate  ftrongly  protected  againft  it.  Wherein  I  am  afraid,  if  the 
.  Matter  come  to  publick  hearing,  left  I  be  accufed  of  Prevarication,  for 
having  fb  eafily  fuffered  a  good  Caufe,  as  it  teemed  at  firft,  to  be  wrun°: 
out  of  my  Hands.  B.  Be  of  good  Courage,  for  if  any  accufe  you  of 
Prevarication  in  this  Cafe,  I  promite  to  be  your  Defence.  M  Perhaps 
we  will  find  that  fhortly.  B.  There  teems  to  be  many  kinds  of  Affairs 
which  can  be  comprehended  wichin  no  Laws,  whereof  we  laid  over  a 
part  on  ordinary  Judges,  and  a  part  on  the  Kings  Council  by  the  Kings 
Content.  M.  I  do  remember  we  did  (b  indeed.  And  when  you  was 
doing  that,  wot  you  what  came  into  my  Mind  ?  B.  How  can  I,  unlefs 
you  tell  me  ?  M  Methought  you  made  Kings  in  a  manner  like  Stone 
Seals,  which  for  the  moft  part  fb  teem  to  lean  on  the  Tops  of  Pillars, 
as  if  they  did  fuftain  the  whole  Fabrick :  whereas  ineffecl:  they  bear  no 
more  Burthen  than  any  other  Stone.  B.  What !  good  Advocate  of 
Kings,  do  you  complain  that  I  lay  on  them  a  little  Burthen,  feeing 
both  Day  and  Night  they  do  nothing  elte  than  teek  out  others  to  bear 
Burthen  with  them,  or  upon  whom  they  may  altogether  lay  the  Bur- 
then, and  fb  disburden  themtelves.  And  in  the  mean  time  you  teem  to 
take  it  in  ill  part,  that  I  afford  them  Help,labouring  under  their  Burthen. 
M.  Ialfb  very  willingly  admit  thete  Auxiliaries,  but  fuch  would  1  have 
as  may  terve,  but  not  command,  fuch  as  may  fhew  the  way,  but  not  lead 
in  the  way,  or  more  truly  draw  or  ruih  them  forward  as  fbme  warlike 
Engine,  and  leave  a  King  no  other  Power  but  to  aflent  to  them. 
Therefore  I  pretently  expect,  that  having  ended  our  Difcourfe  concern- 
ing a  King,  you  would  ftep  afide  to  fpeak  of  Tyrants,  or  fbme  where- 
elfe.  For  you  have  incloted  a  King  within  fo  narrow  Bounds, 
that  I  am  afraid,  left,  if  we  tarry  longer  therein  ,  you  drive 
him  out  of  his  greater!  Wealth  and  higheft  Dignity,  and  banrfh 
him  as  it  were  into  lbme  detert  Ifland,  where  being  fpoiled 
of  all  his  Honours,  he  wax  old  in  Poverty  and  Mitery.  B.  You 
feared,  as  you  pretend,  the  Crime  of  Prevarication ;  but  I  am 
afraid,  left  in  calumniating  you  wrong  the  King,  whom  you  endea- 
vour to  defend.  Firft,  I  would  not  have  him  to  be  idle,  unlefs  you 
would  appoint  idle  Mafter-builders :  Secondly,  you  deprive  him  of  good 
Minifters  and  Friends,  whom  I  have  adjoyned  unto  him,  not  as  Keepers, 
but  would  have  them  called  by  him  to  bear  a  part  of  his  Labour,  and 
thete  being  driven  away,  you  furround  him  with  a  Band  of  Knaves, 
who  make  him  to  be  feared  by  his  Subjects,  neither  do  you  think  he 

will 


'The  due  Privikdge  of  the  Scotch  Government.  17 

will  be  formidable,  unlefs  we  allow  him  a  great  Power  of  doing 
Wrong.  I  would  have  him  to  be  by  his  Subjects  beloved,  not  to  be 
guarded  by  the  Terror,  but  good  Will  of  his  Subjects,  which  Arms  a- 
lone  do  make  Kings  Invincible,  unlefs  you  gainfay  this,  I  trufl:  I  (hall 
fhortly  prove  it.  For  I  (hall  lead  him  out  of  thefe  you  call  Straits  into 
Light  j  and  by  one  Law  (hall  give  him  fb  much  Authority  and  Enlarge- 
ment, that  if  he  defires  more,  he  may  teem  impudent.  M.  Indeed  I 
long  to  hear  that.  B.  I  (hall  then  fall  upon  that  Matter,  that  I  may 
fatifie  your  Defire  as  fbon  as  I  can.  A  little  before  we  have  confefled, 
that  no  Law  can  be  fo  accurately  cautioned  concerning  any  Affair,  but 
that  malicious  Subtlety  may  invent  fbme  Fraud.  This  perhaps  will  be 
the  better  underftood  by  the  Example  already  propofed.  By  the  Law, 
it  is  ordained,  that  no  Parents  tranfmit  their  Benefices  to  their  Baftards. 
Here  in  effect  the  Law  feems  clear,  yet  a  Cheat  is  found  out ;  that  the 
Father  fiibftitutes  fbmc  other  Man,  and  that  he  may  deliver  that  fame 
Benefice  to  the  Baftard  of  the  former  Pofleflor.  Thereafter,  when  as 
it  was  carefully  ordained  by  Law,  that  the  Son  mould  by  no  means  en- 
joy that  Benefice  which  his  Father  had  poffeffed  before :  yet  by  this 
Caution  it  was  never  a  whit  the  better.  For  againft  that  Law  a  Pacti- 
on was  found  out  among  Priefts,  that  each  of  them  mould  fubftitute 
the  Son  of  the  other  in  his  Office.  And  when  that  was  alfb  forbidden, 
the  Law  was  alio  eluded  by  another  kind  of  Cheat :  a  pretender  was 
fet  up  againft  the  Father,  who  might  pretend  he  had  a  Right  to  that 
Benefice.  Whilft  the  Father  feemingly  is  a  contending  with  this  fup- 
pofed  Sycophant,  the  Son  doth  petition  the  Pope  for  the  Benefice,  if  fb 
be  that  the  Right  unto  that  Benefice  belong  not  to  either  of  the  Parties 
contending  for  it,  and  fb  the  Son,  by  his  Fathers  Prevarication,  doth  en- 
joy his  Fathers  Benefice,  and  overcometh  both  the  Parties,  who  willing- 
ly and  freely  yield  up  their  Plea.  Thus  you  fee  how  many  kinds  of 
Cheats  are  invented  againft  one  Law.  M  I  fee  it.  B.  Do  not  Law- 
givers feem  to  do  altogether  the  fame  herein  which  Phyficians  do,  who 
whilft  they  endeavour,  by  applying  a  Plaifter  to  compefce  the  Eruptions 
of  Flegm,  or  of  fbme  other  hurtful  Humor,  the  Humor  rcftrained  in 
one  place,  feeks  Ifliie  in  many  places  at  once ;  and  as  a  certain  Hydra 
having  one  Head  cut  off,  many  Heads  ftart  up  in  place  of  one.  M. 
Nothing  more  like.  B.  What  was  incumbent  for  a  Phyfitian  to  do 
at  firft,  for  freeing  ihe  whole  Body  at  once  of  peccant  Humors,  ought 
not  the  Politick  Phyfitian  do  the  fame  in  this  Cafe,  for  freeing  the 
whole  Common-wealth  of  evil  Manners  ?  M.  I  think  that  to  be  the 
right  way  of  Cure,  albeit  it  be  difficult.  B.  And  if  this  can  be  obtain- 
ed, 


vo  •  •  The  due  Priviledg  of  the  Scorch  Government. 

ed,  I  think  there  would  be  need  of  few  Laws.  M  It  is  indeed  fa. 
B.  Doth  not  he  alone  feem  to  confer  more  for  the  Publick  Good, 
who  can  apply  this  Remedy,  than  all  the  Conventions  of  all  Eftates  met 
for  making  of  Laws  ?  M.  Doubtlefs  far  more.  But  that  I  may  make 
ufe  of  the  Comick  Poets  Words,  Who  is  able  to  undertake  fo  weighty  a 
Charge  ?  B.  What  if  we  {hall  lay  it  over  on  the  King  ?  M  Merrily 
fpoken  indeed.  What  was  fbon  done  and  eafie,  you  have  committed 
to  the  whole  People ;  but  if  any  thing  be  difficult  and  intricate,  you 
will  lay  it  over  upon  the  King  alone,  as  if  you  thought  him  not  fuffi- 
ciently  bound,  tying  him  round  about  with  fo  many  Fetters,  unlefs  you 
lay  upon  him  a  moft  grievous  Burthen,  under  which  he  may  alfb  luc- 
cumb.  B.  It  is  not  fo,  but  we  contend  for  a  Bufinefs  eafie  for  him  to 
be  done  3  webefeech,  he  would  fufter  himfelf  to  be  exorable.  M  What 
is  that,  I  pray  ?  B.  That  as  Fathers  ought  to  carry  towards  their  Chil- 
dren, Co  in  all  his  Life  he  would  behave  himfelf  towards  his  Subjects, 
whom  he  ought  to  account  as  Children.  M.  What  is  that  to  the  pur- 
pofe  in  hand  ?  B.  Surely  this  one  is  certainly  the  chiefeft  Remedy  againft 
corrupt  Manners,  and  left  you  fuppofe  that  it  is  an  Invention  of  mine, 
here  what  Claudianus  faith.  Thou  King,  muft  as  a  Father  Rule  thy 
Subjects,  and  no  lefs  have  a  care  of  all  than  of  thy  felf  j;  let  not  thy  own 
Defire  only  move  thee,  but  alfb  the  Publick  Defires  of  thy  People.  If 
thou  commandeft,  ought  to  be  done  by  all,  and  to  be  obeyed,-  obey  the 
fame  firft  thy  felf.  Then  will  the  People  become  the  more  obfervant  of 
Equity  j  nor  will  refufe  to  bear  any  Burthen,  when  they  fee  their  King 
himfelf  obedient  to  what  he  commands.  The  whole  World  doth  a'dt 
Conform  to  the  Example  of  a  King.  The  Laws  of  Kings  prevail  not  fb 
much  to  incline  Mens  Minds  unto  Obedience,  as  the  Conversion  of  the 
Rulers.  For  the  fluctuating  Multitude  doth  always  change  as  their  Prince 
doth.  Do  not  Imagine  that  the  Poet  pregnant  for  understanding  and 
learning  did  in  vain  believe  fo  great  force  to  be  herein,  for  People  are 
lo  addicted  to  the  imitation  of  Kings,  in  whom  any  Image  of  Honefty 
doth  mine  or  appear,  and  Co  endeavour  to  exprefs  their  manners,  that 
whofe  Vertue  they  admire,  they  endeavour  alfb  to  imitate  fome  of  their 
Vices  in  Speech,  Apparel  in  deport.  But  in  conforming  themfelves  to  the 
King  in  gelfurc,  manners  of  Speech  they  not  only  defire  to  imitate  him, 
but  alfb  by  flattery  they  infmuate  themfelves  into  the  minds  of  great  ones, 
and  by  thefe  Arts  they  hunt  after  Riches,  Honour  and  Preferment, 
foecaufe  they  know  we  have  it  by  Nature,  that  we  Love  not  only  our 
felves,  and  our  own  concerns,  but  embrace  our  own  likenefs  though 
vicious  in  others.  Now  that  which  we  demand  not  Wickedly  and  Arro- 
gantly, 


"The  due  Priviledge  of  the  Scotch  Government.  29 

gantly,  but  by  Entreaty  endeavour  to  obtain,  hath  a  far  greater  force 
than  the  Threatnings  of  Laws,  the  Orientation  of  Punifhments,  or  Ar- 
mies of  Souldiers.  This  reduceth  a  People  without  force  into  Modefty, 
conciliated  to  a  King  his  Subjects  good  Liking,  increafeth  and  main-, 
faineth  the  publick  Tranquility,  and  the  Wealth  of  every  one  feverally. 
Let  therefore  a  King  carefully  confider,  that  he  is  fet  on  the  Theatre  of 
the  World,  and  for  a  Spectacle  propofed  to  all,  fb  as  no  Word  or  Deed 
of  his  can  be  concealed.  The  Vices  of  Kings  can  never  be  kept  fecret. 
For  the  Stipream  Light  of  Fate  fuffers  nothing  to  lye  hid  in  Oblc'urity, 
and  Fame  enters  into  all  fecret  Places,  and  finds  out  obfcure  Corners.  O 
how  much  doth  it  concern  Kings  to  be  circumfpect  on  all  hands,  feeing 
neither  their  Vices  nor  their  Vertues  can  be  concealed,  nor  yet  without  a 
great  univerfal  Change  of  Affairs.  But  if  any  do  yet  doubt,  what  great 
Importance  there  is  in  the  Conversion  of  a  Prince,  for  the  Emendati- 
on of  the  publick  Difcipline,  let  him  take  but  a  View  of  tlie  fmall  be- 
ginning of  the  State  of  R$me.  That  rude  People  confiding  of  Shep- 
herds and  Country  Inhabitants,  I  mail  not  fay  worfe,  naturally  fierce, 
having  got  a  very  couragious  King,  and  having  pitched  once  their 
Tents,  for  fbliciting  the  Peace  of  the  Neighbouring  Nations,  and  pro- 
voking them  to  fight,  how  much  do  you  think  of  Hatred  and  Fear  was 
bred  in  their  Neighbours  ?  When  again  that  very  fame  People  had  fet 
over  them  a  pious  and  juft  King,  they  were  fb  fuddenly  changed,  that 
being  wholly  devoted  to  the  Worfhip  of  their  Gods,  and  to  Acts  of 
Juftice,that  to  wrong  them  their  Neighbours  judged  it  a  Crime,even  thofe 
very  Neighbours,  I  fay,  whofe  Lands  before  they  had  laid  wafte,  whofe 
Cities  they  had  burnt,  and  their  Children  and  Kinfmen  they  had  carried 
away  into  Bondage.  Now  if  in  that  Barbarity,  of  Manners,  and  Rude- 
nefs  of  Times,  Numa  Pompilms  (who  a  little  before  was  brought  out  of 
another  Nation  at  Enmity  with  them,  and  made  King)  could  do  fb 
much  j  what  fhall  we  expect,  or  rather,  what  (hall  we  not  expect  of  thofe 
Princes,  who  being  fupported  by  Affinity,  Vafials,  and  much  Wealth 
left  them  by  their  Anceftors,  obtain  the  Government  ?  And  are  born 
and  brought  up  in  expectation  thereof.  Now  how  much  mould  it  ftir 
up  their  Minds  unto  Venue,  that  they  hope  to  have  the  Praife  not  of 
one  Day,  as  Stage-players  do,  the  Scene  being  once  paft,  but  the  good 
Will,  Admiration,  and  perpetual  Remembrance  of  their  Life  to  all  Po- 
iterity,  and  know  that  Honours  in  Heaven  are  prepared  for  them  ?  I 
wifh  I  could  exprefs  in  Words  the  Reprefentation  of  that  Honour, 
which  in  mind  I  have  conceived.  Now  that  I  may  fomewhat 
propofe  unto   your  View  |  the  fame  by  fbme  of  the    rirff.    Draughts 

and 


jo  The  due  Privlledge  of  the  Scotch  Government. 

and  Lineaments  thereof,    confider    with    your  felf,    how    the    brafen 
Serpent  ere&ed    by   Mopes    in   the   Defert   of   Arabia,    did    heal    the 
Wounds  made  by  other  Serpents,  by  a  very  Look  of  the  People  thereon. 
Imagine  that  out  of  the  whole  People  there   were  fome   ftung  by  Ser- 
pents, and  running  together  for  prefent  Cure,  others  Aftonifhed  at  the 
newnefs  of  the  Miracle,  and  all  Celebrating  with  all  kind  of  Praife  the 
immenfe  and  incredible  Goodnefs  of  God  :  when  they  perceive  that  the 
Pain  of  that  deadly  Wound  was  not  taken  away,  either  by  Medica- 
ments, with  the  Torment  of  the  Patient,  by  the  Phyficians  Labour,  and 
affiduous  Carefulnefs  of  Friends,  nor  by  any  long  fpace  of  time,  but  re- 
duced unto  Health  in  a  moment.     Compare  now  a  King  with  that  Ser- 
pent, and  To  compare  him,  that  you  may  reckon  a  good  King  amongfl 
the  greatefr.  Benefits  of  God,  who  alone,  without  any  Expence  of  thine, 
and  without  thy  Pains  and  Labour,  doth  relieve  a  Kingdom  of  all   its 
Troubles,  fetleth  Perturbations,  and  in  a  fhort  fpace  bringeth  the  Inve- 
terate Ulcers  of  Minds  unto  a  Cicatrice  or  Scar  j  neither  is  he  only  a  Pro- 
curer of  Health  to  thofe  who  behold  him  near  at  hand,  but  alfb  to  fuch 
as  are  a  far  off,  and  have  no  hope  to  fee  him,  in  whofe  Image  fo  great 
a  Force  is  prefented  to  the  Minds  of  his  Subjects,  that  it  doth  eafily  per- 
form what  the  Prudence  of  Lawyers,  the  Science  of  Philosophers,  and 
the  Experience  of  fb  many  Ages,  in  collecting  their  feveral  Arts,  could 
never  perform.     Now  that  great  Honour,  Dignity,  Eminency  or  Ma- 
jefty  can  be  told  or  excogitate  to  be  in  any  Man,  that  by  Speech,  Con- 
vert, Sight,  Fame  and  a  tacite  Species  prefented  to  the  Mind,  he  may 
reduce  the  mod  Luxurious  to  Modefty,  the  Violent  to  Equity,  and  thofe 
that  are  Furious  unto  a  right  Mind.  Can  you  ask  of  God  a  greater  Benefit 
than  this,  fb  much  for  the  Good  of  Mans  Concerns  ?  If  I  miftake  nor, 
this  is  the  true  Reprefentation  of  a  King,  not  that  of  a  King  guarded 
with  Weapons  of  War,  ever   fearing  others,  or  making  others  afraid, 
by  his  Hatred  towards  his  People,  meafuring  his  Peoples  Hatred  againft 
him.     This  Reprefentation  which  we  have  gived,  Seneca  in  his  Thyejies 
hath  exprefTed  in  very  pleafant  Colours,  which  Verfe  I  doubt  not  but 
you  know,  feeing  it  is  moft  elegant.     Do  I  now  feem  to   (peak  bafely 
and  contemptuously  of  a  King,  and  bind  him  faff,  loaded  with  the  Fetters 
ot  Laws  within  a  Goal,  as  you  did  lately  fay  ?  And  not  rather  to  bring 
him  forth  into  Light  and  Aflemblies  of  Men,  and  fet  him  upon  the  pub- 
lick  Theatre  of  Mankind  ?  Accompanied  not  with  the  arrogant  Compa- 
ny of  Archers  and  Armed  Men,  and  Rogues  cloathed  in  Silk,  but  guard- 
ed in  Safety  by  his  own  Innocency,  not  with  the  Tcrrour  of  Arms,  but 
by  the  Love  of  his  People :  and  not  only  at  Freedom  and  fct  aloft,  but 

honour- 


The  due  Privilege  of  the  Scotch  Gwrnmm .  \  * 

•honoured,  venerable,  facred  and  eminent,  and  coming  forth  with  the 
good  Wifhes  and  fortunate  Acclamations  of  the  People,  and  whithcrlo- 
ever  he  goeth,  turning  the  Face?,  Eyes  and  Hearts  of  all  towards  him. 
What  Acclamation,  or  what  Triumph  can  be  compared  with  this  daily 
Pomp  ?  Or  if  God  in  humane  likeneis  mould  come  down  into  Earth, 
what  greater  Honour  could  be  given  him  by  Men,  than  that  which  would 
be  given  to  a  true  King,  that  is  to  the  lively  Image  of  God?  For  neither 
can  Love  beftow,  nor  Flattery  invent  a  greater  Honour  than  this.  What 
do  you  think  of  this  reprelentation  of  a  King  ? 

M.  So  fplendid  and  magnificent  indeed  it  is,  that  it  feems  nothing  can 
be  faid  or  imagined  more  magnificent.  But  in  thele  corrupt  times  of 
ours,  it  is  hard  to  find  this  magnanimity,  unlefs  careful  Education  make 
an  honell:  and  good  Nature  and  Difpofition.  For  the  mind  being  princi- 
pled with  good  inftrucliions  and  Acts  from  Infancy,  and  by  Age  and  daily 
Practice  confirmed,  endeavours  by  Vertue  to  attain  to  true  Glory,  in 
vain  it  is  tempted  by  the  allurements  of  Luffs,  or  weakned  by  the  im- 
preflions  of  Adverfity.  For  thus  Learning  doth  perfect  natural  Parts, 
and  good  Breeding  doth  ftrengthen  the  mind  t  So  that  it  findeth  occafion 
ofexercifing  Vertue  amongft  the  very  Recreations  of  Pleafures,  and  thele 
things  which  ufually  terrifie  weak  ones,  by  reafon  of-  difficulty,  Vertue 
doth  account  them  as  a  matter  of  praiie.  Seeing  then  there  is  (b  great 
importance  in  Learning  for  all  conditions  of  Life,  with  what  great 
Care  and  Solicitude  fhould  Men  forefee,  that  the  tender  minds  of  Kings 
be  rightly  principled,  even  from  their  very  Infancy.  For  feeing  many 
are  the  benefits  of  good  Kings  towards  their  Subjects,  and  contrariwife, 
many  Calamities  proceed  from  wicked  Princes,  then  nothing  doth  feem 
to  have  a  greater  influence  upon  every  Rank  of  Men,  than  the  carriage 
and  converfation  of  Kings  and  others,  who  joyntly  rule  publick  Affairs. 
For  what  is  done  well  or  ill  .by  private  Perlons,  is  for  the  mod  part  hid 
from  the  multitude:  Or  by  reafon  of  fuch  Mens  obfeure  condition  their 
example  belongeth  to  few.  But  all  the  words  and  deeds  of  thofe,  who 
hold  the  Helm  of  publick  Affairs,  cannot  be  concealed,  being  written  as 
it  were  in  a  publick  Monument,as  Horace  faith,  but  are  let  tafore  all  Men 
for  imitation.  For  they  do  not  turn  Mens  affections  to  themfelves  by 
Studying  to  pleafe  them,  but  by  very  kind  Allurements  of  utility.  And 
whitherfoever  the  inclinations  of  Kings  do  drive,  they  make  the  publick 
Difeipline  wheel  about  with  them.  But  I  am  afraid  that  our  Kings  will 
not  not  be  intreated  to  perform  what  ycu  have  now  mentioned.  For 
they  are  Co  marred  by  the  Allurements  of  pleafures,  and  deceived  with 
the  falfe  {hew  of  Honour,  that  I  think  they  do  alrnoft  that  which  fomz 

F  Poets 


3 z  "The  due  Privilege  or  we  ocului  vjo-uemmenx. 

Poets  report  to  have  befal'en  the  Trojans  who  were  in  company  at  Sri^ 
with  Pans.  For  the  true  Helena  being  left  in  SEgftt  with  Protheus  a  Holy 
and  true  religious  Man,  they  did  contend  fo  Pertinacioufly  the  fpace  of 
i  en  Years  for  her  likenefs,  that  it  was  the  end  of  a  moft  pernicious  War, 
and  of-  the  moil  Flourifliing  Kingdom  in  thofe  times*  For  impotent 
Tyrants  embracing  that  falfe  reprefentation  of  a  Kingdom,  when  they 
have  once  obtained  it  by  right  or  wrong,  cannot  loofe  it  without  deftru- 
oHon.  Now  if  any  doadmonifh  them*  that  the  true  Helena  for  whom 
they  imagine  to  fight,  is  elfewhere  concealed,  they  would-  calf  him  mad- 
B.  I  am  indeed  glad  that  you  fomewhat  underftand  the  Beauty  of  that 
true  Daughter  of  Jupiter  from  this  her  likenefs,  fiich  as  it  is,  albeit  you 
do  not  lee  her  felf.  But  if  thefe  Lovers  of  that  Helena,  to  their  great 
damage,  did  fee  the  perfect  Image  of  the  true  Helena,  pourtracled  with 
her  lively  Colours  by  fbme  *Protegenes  or  Apelles,  I  do  not  queftion  but 
they  would  admire  her  and  fall  in  Love  with  her.  And  if  they  did  not 
command  their  affections  to  enjoy  that  other,  they  might  fall  into  thofe 
grievous  punifhments,  which  Perfws  in  his  Satyres  doth  imprecate  on  Ty- 
rants, O  Suprcam  Father  of  the  Gods,  be  pleafed  thus  to  punifh  cruel  Ty- 
rants, when  any  execrable  Lull:  dipt  in  raging  Poyfbn  doth  ilir  up  their 
(pints,  let  them  fee  what  Vertueis,  and  let  them  pine  away  for  ibrrow, 
becau{e  they  defpifed  her.  And  therefore  feeing  we  are  fallen  in  to  make 
mention  of  Tyrants,  may  it  pleafe  you,  that  ftraight  Way  we  proceed 
to  (peak  of  them  ?  M.  Yea,  unlefs  you  think  fbme  other  thing  fhould 
be  firft- fpoken.  B.  I  fiippofe  we  fhall  not  deviate,  if  we  proceed  in  the 
fame  Foot-fteps  for  finding  out  a  Tyrant,  wherein-  we  did  infill:  in  feeking: 
out  a  King.  M.  I  think  fo.  For  by  that  means  we  fhall  very  eafiiy 
underftand  what  difference  there  is  betwixt  them,  if  fet  one  againii 
another  they  be  duly  confidered.  B.  And  firft  of  all,  that  we  may  be- 
gin at  a  Tyrants  name,  of  what  Language,  it  is  uncertain.  I  there- 
lore  think.it  now  riecefTary  for  us  tofeek  therein  the  Gree^or  Latin  Ety- 
mology. Now  what  the  Ancients  did  call  Tyranny,  I  think  is  not  un- 
known to  any  who  are  well  verfed  in  humane  literature.  For  Tyrants 
were  called  both  by  the  Greeks  and  Latins ;  who  had  the  full  Power  of 
all  things  in  their  hands,  which  Power  was  not  aftri&ed  by  any  Bonds' 
of 'Laws,  nor  obnoxious  to  the  cognition  of  Judges.  Therefore  in  both, 
Languages,  as  you  know,  not  only  the  Noble  Heroes,  and  moft  Famous 
Men,but.the  chiefeftof  the  Gods,and  fb  Jupiter  alio  is  called  Tyrannus  .-  And 
that  even  by  thofe  who  both  think  and  fpeak  Honourably  of  the  Gods. 
M,  I  know  indeed  that  well  enough ;  and  the  rather  I  much  admire, 
whence  k  is  come  to  pais,  that  that  name  now  for  fb  many  Ages  is  ac- 
counted 


The  due  Prwikclge  of  the  Scotch  Government.  33 

Counted  Odious,  and  alfb  amongft  the  mod  grievous  reproaches.     B.  It: 
feems  certainly  to  have  fallen  out  in   this  word,  which  haopen=th  to   be 
in  many  others  ;  for  if  you  conftder   the   nature  of    Words,  it  'hath 
no  evil  in  it.     And  albeit  fbme  words  have  a  more  pleafant  found  in  the 
Ears  of  Hearers,  and  others  a  more  unpleafant,  yet  of  themfelvcs  they 
have  no  fuch  thing,  fb  as  to  ftir   up  the  mind  to  Wrath,  Hatred,  or 
Hilarity,  or  otherwife  to  Create  pleafure  or  pain  and  trouble.     If  any 
fuch  thing  befal  us,  that  happens  to  fall  out  ufually,  not  from  the  Word , 
but  from  the  confuetude  of  Men,  and  Image  thereof  conceived  by  the 
Hearers.  Therefore  a  Word  which  amongft  fbme  Men  is  honeft,  amongft. 
others  cannot  be  heard  with  fbme  Preface  of,  with  reverence.  M.  I  remem- 
ber that  the  like  is  befallen  the  names  of  Nero  and   Judas,  whereof  the 
one  amongft  the  Romans,  and  the  other  amongft  the  Jews  was  accounted 
by  great  Men  very  Famous  and  honourable.     But  thereafter  by  no  fault 
of  thefe  names,  but  of  thefe  two  Men,  it  hath  come  to  pafs,  that  even 
the  moft  flagitious  Men  will  not  have  thefe  names  to  be  given  their  Chil- 
dren.- They  being  Buried  under  fuch  infamy.     B.  The  fame  alfo  is  per- 
fpicuous  to  have  befallen  the  Word  Tyrant,  for  it  is  credible,  that  the  rlrft 
Magiftrates,  who  were  thus  called,  were  good  Men ;  or  from  hence, 
that  this  name  was  fbmetime  fb  Honourable,  that  it  was  attributed  to  the 
Gods.     But  thofe  that  came  afterwards   made  it  fb  infamous  by  their 
wicked  Deeds,  that  all  Men  abhorred  it  as  Contagious  and  Peftilentious, 
and  thought  it  a  more  light  reproach  to  be  called  an  Hangman  than  a 
Tyrant.   M  Perhaps  it   was  the  fame  as  befell  the  Kings  in  Rome  after 
the  Tarauinu  were  depofed  in  the  name  Dictator  after  M.  Antonius  and   P. 
Dolc.be'U  were  Confuls.  B.  Juft  fb.    And  on  the  contrary,  bafe  and  vulgar 
names   have  been  made  Famous  by  the  Vertue  of  Men  called  thereby. 
As  amongft  the  Romans,  Camillus,  Metellm,  Scropha  ;  and  amongft  the  Ger- 
mans, Henry,  Genfericl^,  Charles.     This  you  fhall  the  better  underftand,  it 
taking  away  the  name  of  Tyrant,  you  confider  the  thing,  notwithstand- 
ing that  this  kind  of  Government  hath  continued  in  its  former  Honour 
and  Refpect.  amongft  many  Famous  Nations,  as  the  Aifymnet*  amongft 
the  Grecians,  and  the  Dictators  amongft  the  Romans :  For  both  were  law- 
ful Tyrants.     Now  Tyrants  they  were,  being  more  powerful  than  the 
Laws  j  but  lawful  they  were,  as  being  chofen  by  confent  of  the  People. 
M.  What  am  I  hearing  ?  Tyrants  and  yet  lawful  ?  Indeed  I  did  expect 
a  far  other  thing  from  you ;  but  now  you  feem  to  confound  the  differences 
of  all  Kings  and  Tyrants.  B.  Indeed  both  Kings  and  Tyrants  amongft 
the  Ancients  feem  to  have  been  altogether  one  and  the  fame,  but  I  fup- 
pofe  in  divers  Ages  i  For  I  think  the  name  of  Tyrant3  was  more  Ancient ; 

F  z  there" 


34  The  due  Priviledge  of  the  Scotch  Government. 

thereafter  when  they  became  weary  of  the  name,  in  their  place  fucceeded 
Kings  by  a  more  plaufible  name,  and  more  gentle   Government  \  and 
when  thev  alio  began  to  degenerate,  the  moderation  of  Laws  were   ad- 
hibited, which    might  fet  limits  to  the  boundlefs  Luftsof  their  Govern- 
ment.    Now  Men  according  to  the  exigence  of  times,  and  their  ufual 
way,  feeking  out  New  Remedies  became  weary  of  the  Old  way  of  Go- 
vernment, and  fbught  out  New  ways.     Now  our  prefent  purpofe  is  to 
handle    both  kinds  of  Government,  namely  that  wherein   as  well  the 
Government  of  Kings  as  of  Laws  is  the  moft  powerful  ;  and  the  worll 
kind  of  Tyranny,  wherein  all  things  are  contrary  to  a  Kingdom,  and 
have  undertaken  to  compare  them  one  with  another.    M  It  is  Co.     And 
I  eameftly  expert  you  would  fall  upon  that.     B.  At  hrfl:   then  we  had 
agreed,  that  a  King   was  Created  for  maitaining  humane  Society,  and 
\v&e  determined  his  Office  and  Duty,  that   by  the  prefcript  of  Laws  he- 
mould  allow  every  Man  his  own.     M  I  do  remember  that.     B.    Firft 
then,  he  that  doth  not  receive  a  Government  by  the  will  of  the  People, 
but  by  force  Invadeth  if,  or  intercepted!  it  by  fraud,  how  {hall  we  call 
him  ?  M  I  fuppofe,  a  Tyrant.  B.  There  be  alfo  many  other  differences, 
which  I  {hall  briefly  run  through,  becaufe  any  Man  may  eahly   Colleft 
them  from  Arifiotle  :  For  the  Government  of  Kings  is  according  to  Na- 
ture, but  that  of  Tvrants  is  not.      A  King  doth  Rule  his  Subject,  and 
Reign  over  them  by  their  own  Confent.     Tyrants  Reign  over  them, 
nill  ""'they    will  they.     A  Kingdom    is    a  principality   of  a  Free  Man 
among    Free   Men  :  •  Tyranny   is   a  principality   of    a  Matter    over 
his  Slaves.      For  defence  of  a  Kings  fafecy  the  Subje:rs    Watch   and 
Ward,  for  a  Tyrant  Forrainers  do  Watch  to  opprefs  the  Subjcas.     The 
one  beareth  Rule   for  the  Subjeds  well-fare,  the  other  forhimlelf.     M. 
What  do  you  fay  of  thofe  who  have  gotten  into  their  hand  theSupream 
Authority  by  Force  and  without  the  Peoples  Confent,  and  yet  for  many 
Years  did  fo  Rule,  that  the  People  were  not  weary  of  their   Govern- 
ment ?  For  what  could  be  wanting  in  Hicro  the   Snacufan  King,  or  in 
Co/mo  dc  McMces  the  Flcrentwc  Duke  to  make  them  juft  Kings,  except  the 
Peoples  furTragcs  ?  B.  Indeed  we  cannot  exempt  them  out  or  the  num. 
her  of  Tyrant?.     For  it  was  Nobly  fpken  by  a  notable  Hiltonan,  albeit 
you  may  indeed  Rule  your  Countvyand  Friends  by  Violence    and  Force, 
and  Corxefit  their  Faults,  yet  it   is  unfeafonable.     Tnen  again,  fuch  do 
fcem  to  do  juft  like  Robbers,  who  cunningly  dividing  their  ill  gotten 
Goods,  do  feek  the  praife  of  Juftice  by  injury,  and  of  liberality  by  Rob- 
bery, yet  do  nor  obtain  what  they  hunt  for;  by  the  odioulnefs  or   one 
ill  iced  they  fxfc,  all  the  thanks   of   their  Oftentative  bounty,  and    (o 
much  the  kfi  affuranceof  their  Gvil  difpofition  do  they  give  their  Sub- 
jects, 


The  due  Peiviledge  of  the  Scotch  Government.  g  5 

jects,  and  that  becaufe  they  do  not  that  for  their  Subjects  good,  bur. 
for  their  own  Government,  namely,  thac  they  the  more  fecurely  may  en- 
joy their  own  Luffs  and  Pleafures,  and  eftablifh  a  foveraignty  over  the 
Pofterity  to  come  ,  having  fbmewhat  mitigated  the  Peoples  hatred. 
Which  when  they  have  once  done,  they  turn  back  again  to  their  old 
manners.  For  the  fruit  which  is  to  follow  may  eafily  be  known  bv 
the  fbwre  thereof.  For  he  hath  the  fame  flrength  and  power  to  re- 
voke all  things  at  his  pleafure,  and  to  transfer  unto  himfelfthe  flrength 
or  all  Law?,  even  as  if  he  would  abrogate  all  Laws.  But  this  kind 
of  Tyrants  had  been  perhaps  tolerable,  if  without  the  common  ce- 
ifrucfion  of  all  it  could  have  been  taken  away,  even  as  we  do  en- 
dure fbme  bodily  Difeafes,  rather  than  threw  our  life  into  the  hazard 
of  adoubtfbme  Cure.  But  they  who  bear  rule,  not:  for  their  Country's 
good,  but  for  their  own  lelf  intereffs,  have  no  regard  to  the  publick 
utility,  but  to  their  own  pleafure  and  lufr,thev  place  the  {lability  of  their 
Authority  in  the  Peoples  weaknefs,  and  think  that  a  Kingdom  is  not  a 
procuration  concredited  to  them  by  God,  but  rather  a  prey  put  into  their 
hands.  Such  are  not  joyned  to  us  by  any  civil  Bend,  or  Bond  of  huma- 
nity, but  fhould  be  accounted  the  greatell  Enemies  of  God  and  of  all 
Men.  For  all  the  actions  of  Kings  mould  aim  at  the  publick  fafety  of 
their  Subjects,  and  nor  at  their  own  wealth.  By  how  much  Kings  are 
raifed  above  other  Men,  fo  much  fhould  they  imitate  the  Celeftial  Bodies, 
which  having  no  good  offices  of  ours  given  to  them  ;  yet  do  infufe  oa 
human  Affairs  a  vital  and  bountiful  vertue  of  heat  and  light.  Yea  the 
very  Titles  wherewith  we  have  honoured  Kings  fif  you  remember) 
might  put  them  in  mind  of  their  Munificence*  M  Me  thinks  I  re- 
member, namely  that  they  mould  ufe  a  Paternal  indulgence  towards  their 
Subjects  committed  to  them  as  towards  Children  j  the  care  of  a  Shepherd 
in  procuring  their  profit ;  as  Generals  in  maintaining  their  fafety,  as 
Governours  in  excellency  of  Vermes,  and  as  Emcerours  commanding 
thofe  things  which  might  be  ufeful,  B.  Can  he  then  be  called  a  Father 
v  ho  accounts  his  Subjects  Slaves  ?  or  a  Shepherd,  who  doth  not  feed  his 
Flock,  but  de?oureth  them  ?  or  a  Pilot  who  doth  always  ftudy  to  make 
fhipwrack  of  the  goods  in  his  Ship,  and  who  as  (they  fay  J  makes  a 
Leek  in  the  very  Ship  wherein  he  fails  ?  M.  By  no  means.  B.  What  is  he 
then,  who  doth  not  Rule  for  the  Peoples  good,but  frill  doth  all  for  himfelf, 
'.o  doth  not  ftrive  wirh  good  Men  in  Vertue,  but contendeth  to  exceed 
the  mull  flagitious  wretch  in  Vices?  who  leadeth  his  Subjects  into  rnanifefl 
Snares .;  M.  Indeed  fuch  fhall  not  by  me  be  accounted  either  a  General, 
01  Emperour,  orGovernour.     B.  If  you   then  fhali  fee  any  ufur  ping  the 

name 


i&  The  due  Pr'roiledge  of  the  Scotch  Oovermiem. 

name  of  a  King,  and  in  no  kind  of  Vertue  excelling  any  of  the  People 
but  inferior   to  many    therein,   not  fatherly    affectionate     towards  his 
Subjects,  but    rather    o'pprefling  them  by  arrogant    domineering,  and 
that  thinketh  the  People  is  concrediied  to  him  for  his  own  gain,  and  not 
for  their  fafeguard.     Will  you  imagine  that  fuch  a  Man  istruely  a  King, 
albeit  he  goes  vapouring  with  a  great  many  in  Guard  about  him,  and 
openly   be  feen   with  gorgeous  Apparel,  and  make  a  fhew  of  Punifh- 
ments  ?  can  he  conciliate  the  People,  and  catch   their  applaufe  by  Re- 
wards, Games,  Pompous  fhews,  and  even  mad  underminings,  and  what- 
ever is  thought  to  be  Magnificent?  will   you,  I  fay,  account    fuch   a 
Man  a  King  ?  M.  Not  indeed,  If  I  would  underftand  my  felf  ario-hr, 
but  void  of  all  human  fbciety.  B. Within  what  limits  do  you  circumfcribe 
human  fociety  .:   M. Within  the  very  fame  limits  wherein  by  your  preced- 
ing difcourfe  you  feemed  to  include  it,  namely  within  the  Hedg  of  Laws. 
Which  whofbever  trangrefs,  be  they  Robbers,  Thieves,  or  Adulterers,  I 
fee  them  publickly  punifhed,  and  that  to  be  accounted  a  juft    caufe  of 
their  Punithment,  becaufe  they  tranfgrefled  the  limits  of  human  fociety. 
£.  What  fay  you  of  thofe,  who  Would  never   once  enter  within  thefe 
hedges  ?  M.  I  think  they  fhould   be  accounted    Enemies  to   God  and 
Men,  and   reckoned  a'mongft  Wolves,  or  fbme  other  kind  of  noifome 
Beads,  rather  than  amongll  Men  :  which  whofbever  doth   nourifh,  he 
nourifheth  them   for  his   own  deftruc/tioa  and  others.-  and  whofbever 
kilbth  them,  doth  not  only  good    to  himfelf,  but  to  all  others.     But  if 
I  had  power  to  make  a  Law,  I  would  command  fwhich  the  Romans  were 
wont  to  do  with  Monfters^  fuch  kind  of  Men  to  be  carried,  away  intofc- 
larary  places,  or  to  be  drowned  in  the  depths  of  the  Sea,  a  far  from  the 
light  of  any  Land,lefl:  by  the  Contagion  of  their  Carcaflcs  they  mi°htin- 
recl  other  Men.     And  rewards  to  the  killers  of  them  to  be  difcerned  not 
only  by  the  whole  People,  but  by  every  particular  Perfon  ;  as  ufeth  to 
be  done  to  thofe  who  have  killed  Wolves  or  Bears,  or  apprehended  their 
Whelps.     For  if  fuch  a  Monfter  fhould  be  Born,and  fpeak  with  a  Mans 
voice,  and    have    the   Face  of  a  Man,  and   likenefs  of  other  Parts,  I 
would  have  no  fellowfhip    with  him ;  or  it  any  Man  devefted  of  hu- 
manity fhould  degenerate  'into  fuch  cruelty,  as  he  would  not  meet  with 
cX\cr  Men  but  for  their  dcfrruc"rion.      I  think  he  fhould  be  called  a  Man 
no  more  than  Satyrs,  A  pes,  or  Bear?,  albeit  they  fhould  refemble  Man 
in  countenance,  geftureand  fpecch.     B.  Now  if  I  miftake  not,  you  un- 
derstand what  a  King,  and  what  a  Tyranat  the  wifelf  Antients  meant  in 
ttierr  Writings.     Will  it  plcafe  you  then  that  we  propofe  fbme  Idea  of  a 
Tyrant  alfb,  fuch  as  we  gave  in  fpeaking  of  a  King  ?  M  Yes,  that  I 

do 


The  due  Priviledge  of  the  Scotch  Govermient.  3  7 

do  earnellly  defire,  if  k  be  not^a  trouble  to  you.  B.  You  have  not  for- 
got,  I  fuppofc,  what  by  the  Poets  is  fpoken  of  the  Furies,  and  by  our 
Divines  of  the  Nature  of  evil  spirits,  namely,  that  thcfe  fpirits  are  Ene- 
mies ot  Mankind,  who  whilft  they  are  in  perpetual  Torments,  yet  do 
rejoyce  in  the  Torments  of  Men.  This  is  indeed  the  true  Idea  of 
Tyranny.  But  becaufc  this  Idea  can  only  be  dilcerned  in  the  ima- 
gination, but  not  by  any  of  the  fenfes,  I  fhall  fet  before  you  another 
Idea,  which  not  only  the  Mind  may  difcern,  but  the  fenfes  alio  per* 
ccive,  and  as  it  were  reprefentcd  to  the  very  Eye.  Imagine  you 
ice  a  Ship  tolled  by  Waves  in  the  Sea,  and  all  the  Shoars  round 
about  not  only  without  Haven  or  Harbour ,  but  alio  full  of  moll: 
cruel  Enemies,  and  the  Mailer  of  the  Ship  in  conteft  with  the 
Company,  and  yet  to  have  no  other  bope  of  fafety  than  in  their 
fidelity,  and  the  fame  nor  certain,  as  knowing  well  that  he  puts  his 
life  into  the  Hands  of  a  moll  barbarous  kind  of  Men,  and  void  of 
all  humanity,,  whom  by  Money  he  may  hold  trufly,  and  who  for  greater 
gain  may  be  conduced  to  fight  againll  him.  Such  indeed  is  thai:  life 
which  Tyrants  embrace  as  happy.  They  are  afraid  of  Enemies  abroad, 
and  of  their  Subjects  at  home,  and  not  only  of  their  Subjects,  but 
of  their  Domellicks,  Kinsfolks,  Brethren,  Wives,  Children  and  near 
Relations.  And  therefore  they  have  always  War,  either  a  Foreign 
War  with  their  Neigbours ,  Civil  War  with  their  Subjects,  or  a  Do- 
mellick  War  within  doors,  or  elfe  they  are  llill  in  fear  thereof. 
Neither  do  they  expect  aid  any  where  but  by  a  Mercenary  way, 
they  dare  not  hire  good  Men,  nor  can  they  trull  bad  Men  5 
what  then  in  all  their  life  can  be  to  them  pleafant  ?  Dionyfms  would 
not  let  his  Daughters  once  become  Women  to  trim  him,  fearing: 
to  let  the  Razor  come  to  his  Throat.  Temoleon  was  killed  by  his 
own  Brother  ,  Alexander  Plxiraus  by  his  own  Wife  ,  and  Sp.  Cajjias- 
by  his  own  Father.  He  that  Mill  hath  fuch  Examples  fet  before 
his  Eyes,  what  a  Torture  do  you  imagine  he  carrieth  about  in  his 
Breall ?  Seeing  he  thinks  that  he  is  the  mark  fet  for  all  Man- 
kind to  flioot  at.  Neither  is  he  only,  while  awake,  tormented  with 
thefe  tortures  of  Confcience,  but  alfb  is  awakned  out  of  his  Sleep  by 
terrifying  fights  both  of  living  and  dead,  and  agitated  by  the  Fire- 
brands of  heliifh  Furies.  For  the  feafon  which  Nature  doth  grant  for. 
reft  to  all  Creatures,  and  alfb  to  Men  for  relaxation  of  their  Cares, 
to  him  is  turned  into  horrours  and  punifhment.  M.  Forfboth  you 
have  handled  thele  things  very  acutely,  but  I  know  not  if  truly  alfb, 
but  yet,  if  I  miitake    not,   they  make  not   fo  much  for  our  purpofe, 

For 


5~8  The  due  Priviledg  of  the  Scctch  Government. 

For  they  who  have  the  power  tochoofe  what  Kings  they  pleafe,  in 
them  is  the  power  to  bind  by  Laws  fuch  as  they  have  chofen. 
But  you  know  that  our  Kings  are  not  chofen,  but  born  Kings. 
To  whom  I  have  always  thought  it  to  be  no  lefs  hereditary,  that 
their  will  and  pleafure  fhouldftand  for  Law,  than  the  Kingdom  it 
felf.  Nor  am  I  rafhly  induced  to  be  of  this  opinion,  but  convinced 
by  feveral  great  Authors,  with  whom  I  am  not  afhamed  to  be  mis- 
taken, (if  at  all  I  be  in  any  miftake  or  crtour.)  For  not  to  make 
mention  of  others,  Lawyers  do  affirm,  that  by  the  Royal  Law 
which  is  made  for  the  Government  of  Kings,  all  the  Peoples 
Power  is  fo  tranfmitted  into  them,  that  their  will  and  pleafure 
fliould  be  accounted  for  Laws.  And  indeed  from  this  Law  did 
thofc  threatnings  of  a  certain  Emperour  arife,  that  he  would  quite 
take  away  from  Lawyers  all  their  fcienccs,  wherein  they  fo  much 
boaft,  by  one  Ed  id.  B.  You  do  very  well,  that  whi  lft  you  cite 
a  moft  wicked  Author  of  one  of  the  greatest  deeds,  thought  good 
to  fupprefs  his  name.  For  that  was  C.  Caligula,  who  wilhed  but 
one  Neck  for  all  the  people  of  Rome.  Now  in  that  Emperour 
there  was  nothing  of  a  man,  far  lefs  of  a  King,  befide  his  fhape, 
you  are  not  then  ignorant  how  much  Authority  may  be  due  to 
tiim.  Put  as  tor  the  Royal  Law,  what  it  is,  when,  by  whom,  and 
in  what  words  it  was  made  the  very  Lawyers  make  no  mention. 
For  that  power  was  never  in  any  of  the  Roman  Emperours,  feeing 
from  them  appeals  were  made  to  the  people.  Butjthat  ordinance, 
whereby  L  FLiccus  having  opprcfTcd  the  Liberty  of  the  People 
of  Rome-)  cftabjiihed  by  the  ii'ence  of  other  Laws  \  t lie  Tyranny 
of  L.  Sy//ay  no  man  did  ever  hold  for  a  Law.  For  or  that  ordi- 
nance fuch  was  the  flrength  ,  rhat  whatever  L.  Sylla  had  done% 
fhould  be  ratified.  Which  Law  never  any  free  people  was  fo 
infatuate,  as  willingly  to  permit  to  be  impofed  on  them.  Or  if  any 
fuch  were,  he  were  indeed  worthy  to  ferve  perpetually  Tyrantr, 
and  be  punifhed  for  his  folly.  But  if  any  fuch  Law  have  been,  let 
us  think  it  was  an  example  propofed  to  us  for  caution,  but  not  for 
imitation. 

■  M.  Indeed  yow  admonifh  kcII.  But  that  admonition  belong- 
exh  to  them  in  whofe  power  it  is  to  create  fuch  Kings  as  molt 
pica  1c  them,  but  to  us  it  doth  rot  at  all  belong,  who  do  not  by 
iufl rages  eleel  the  belt.  Kings,  but  accept  of  thofc  that  by  chance 
art  giflfe  us.  That  alfo  of  a  certain  Lawyer  leans  properly  to  qua- 
drate with  us,  who  have  given  to  our  Kings  Ancfjhrs  that  right 
and  authority  over  us  and  our  pofierity,  that  they  and  their  pofte- 

ritv 


The  due  Privilege  of  the  Scotch  Govr/>wem.  3? 

my  fhould  perpetually  hold  their  Empire  and  Authority  over  us. 
I  wifh  then  you  had  admonifhed  them  (I  mean  our  Anctfiors)  who 
once  had  it  in  their  own  power   entirely  to  admit  foch  Kings  as 
they  pleafed.    But  now  that  Counfel  of  yours  too  late  ferves  only 
for  this,  not  to  amend  the  faults  that  are  not  in  our  power,  but 
deplore  our  Anceftors  folly,  and  acknowledge   the  mifery  of  our 
condition.    For  what  can  be  left  to  thofe  that   arc  made  Haves, 
but  to  be  punifhed  for  other  mens  folly  ?  And  that  our  punifhrnent 
may  be  made  more  light,  let  us  afTwagethem  by  patience:  let  us 
not  provoke  their    wrath,  by  tumultuaring  importunely,  whole 
dominion  over  us  we  cannot  cart  off,  nordiminifh  their  power, 
nor  flee  from  their  force  or  weaknefs.    Now  that  Royal  Lav/, 
to  which  you  are  fo  much  an  Adverfary,  was  not  made  in  fa- 
vour of  Tyrants,  as  you  would  have  it  feem  to  be,  becaufe  it  was 
approved  by  Juflinian  a  very  juft  Prince.      With  whom  fo  plain 
flattery  would  not  have  had  place.    For  with  a  foolifh  Prince  that 
of  the  Poet  wosld  prevail  whom  do  th  falfe  honour   hel^    or  lying 
infamy  terrify, but  a  lewd  man  and  a  lyar  .?  B.  Indeed  Jaftinian,zs  Hi- 
(lory  reports,  was  a  great  mighty  Man  albeit  fome  do  report  him 
to  have  been  cruelly  ingrate  to   Bdlifarim.    But  let  him  be  fuch 
as  you  judge  he  was,  yet  you  may  remember,  that  it  is  recorded 
by  fome  almoft  of  that  fame  age  with  him,  that  Trifonius,  a 
chief  Man  amongft   the  compilers  of  thefe    Laws,   vtM  a  very 
wicked  Man,  and   fo  might  eafily  be   induced  to  gratify  alfoa 
very  bad  Prince.    But  even  good  Princes  do  not  hate  this  kind  of 
flattery.     For  Even  thofe  who  will  not  kill  any  man,  do  yet  defire  to 
have  it  in  their  fower^  and  there  is  nothing  which  he  dare  not  believe 
of  bimfelf,  feeing  his  power  equal  to  that  of  the  Gods  is  commended. 
But  let  us  return  to  our  own  Princes :  to  whom  you  fay  the  King- 
dom doth  come  by  inheritance  and  not  by  fuffrages.    Now  of 
our  own  only  I  fpeak,  for  if  I  (hall  digrefs  to  fpeak  of  Foreign 
Princes,  I  fear  left  our  difcourfe  become  more  prolixe  than  we  in- 
tended.   M.  I  think  you  fhould  do  fo.     For  Foreign  Affairs  do 
not  much  belong  to  our  difpute  in  hand.    B.  That  I  may  there- 
fore begin  at  the  firft  Principles.    This  is  fufiiciently  agreed  upon, 
that  our  Princes  were  chofen  for  their  Vertuc,  who  fhould  go- 
vern others.    M.  So  do  the  Writers  of  our   Affairs  record.     B. 
Nor  is  this  lefs  known,  that  many  who  have  Reigned  cruelly  and 
wickedly  have  been  called  to  account  by  their  Subjects  .•  fome  ad- 
judged to  perpetual  Imprifonment,  others  punifhed  partly  by  exile, 
and  partly  by  death,  againft  whofe  killers  no  Inquifition  was  ever 

G  made. 


4-o  The  due  Priviledge  of  the  Scotch  Government. 

made,  even  when  their  Sons  or  Kinlmen  wcic  afliinacd  intu  their 
Head.  But  who  ever  had  killed  good  Kings,  were  more  feverely 
punilhed,  fo  as  no  where  clfe  was  murther  more  feverely  re- 
venged.  And  becaufe  it  would  be  tedious  to  rehearfe  every  one, 
I  fhall  produce  ibme  few  of  thele  lalt  Kings,  whofe  memory  is 
molt  recent.  The  nobility  did  fo  grievouily  punilh  the  Murther 
of  James  the  Fit  ft,  ( having  left  as  heir  his  Son  of  fix  years  of 
age)  that  by  a  new  and  exquifit  kind  of  punifliment  they  put  to 
death  feveral  Perfons  of  very  Eminent  Families,  and  Peers  of  the 
Land,  both  for  wealth  and  vaffalage  eminent .-  On  the  contrary, 
who  did  condole  the  death  of  Jmti  the  Third,  a  Man  flagitious 
and  cruel  ?  far  lefs  revenge  it  >  But  in  the  death  of  Jme s  the 
Fourth  his  Son,  the  fufpition  of  the  Crime  was  punifbed  with 
death  neither  were  our  Anceftors  pioufly  inclined  towards  good 
Kings,  but  aifo  gentle  and  merciful  toward  wicked  Kings.-  For 
when  one  ot  King  Culens  Enemies  had  killed  him  in  his  journey, 
whilft  he  is  coming  to  give  an  account  of  his  Adminiftration,  he 
was  feverely  punifhed  by  a  kntence  of  the  Eftates  of  Parliament. 
And  likewife  was  puniuSed  as  an  Enemy,he  who  had  killed  Evenns 
in  Prifon,  who  had  been  adjudged  to  perpetual  bonds.  And  the 
violent  death  or  parricide  of  him  they  punifhed,  whofe  wicked 
and  vicious  life  all  men  had  hated.  M.  I  do  not  fo  much  inquire  at 
prefent  what  fome  time  hath  been  done,as  by  what  right  Kings  Reign 
amongft  us.  B.  That  we  may  therefore  return  thereunto,  as  in 
our  firft  Kings  until  Kenneth  the  Third,  who  firft  fetled  the  King- 
dom in  his  own  Family,  it  is  very  clear  what  was  the  peoples 
power  in  creating  their  Kings,  and  raking  order  with  them,  even 
fo  it  is  neceiTary  we  know,  that  he  either  did  that  againft  the  peo- 
ples will,  or  by  perfwafion  obtained  it.  M.  That  cannot  be  de- 
nied. B.  Moreover,  If  by  force  he  compelled  the  people  to  obey 
him,  then  how  foon  the  people  began  to  have  confidence  in  their 
own  ftrength,  they  might  have  caft  off  that  violent  yoke  of  Go- 
vernment impofed  upon  them.-  Seeing  all  Laws  received  by  Kings 
and  People  do  pronounce,  and  nature  it  felf  doth  call  for  it,  that 
whatever  is  done  by  force  and  violence,  may  be  undone  by  the  like 
violence.  M.  What  if  the  people  beino;  by  fraud  circumvented,  or  by 
fear  forced  did  furrender  themfelves  into  that  Slavery :  what  for  ex- 
cufe  can  be  pretended,but  that  they  perpetually  continue  in  that  cafe, 
into  which  it  was  once  agreed  they  were  to  be  in  ?  £.If  you  debate  with 
me  from  that  agrcement,what  excufe  there  is  for  undoing  the  fame.  I 
fhall  on  the  other  hand  lay  down  fome  reafons  why  pactions  and  a- 

greements 


The  due  Privtledge  of  the  Scotch  Government  41 

grccments  may  be  diiTolved.  And  firft  of  all,  fuch  as  arc  made 
through  force  or  fear,  in  all  Common-wealths,  concerning  thefe 
there  is  a  fure  Law,  drawn  from  Natures  fpring.  Laws  allow  re- 
m'tucion  to  be  fully  made  to  fuch  as  are  by  fraud  circumvented, 
and  think  that  it  lhould  be  kept  for  Pupils,  and  fuch  other  Per- 
fons,  whobv  jufr  Law  they  would  have  to  be  defended.  What 
Aflembly  therefore  of  Men  can  require  more  juftly  to  have  re- 
fh'tution,  then  a  whole  people  ?  to  whom  the  wrong  is  done,  which 
indeed  is  not  done  againft  one  part  of  the  Common-wealth, 
but  floweth  far  abroad  into  all  the  Members  of  that  politick  Body. 
M.  I  know  this  Law  to  be  made  ufe  of  in  the  cafes  of  private 
Perfons,  nor  is  itunjuft.  But  there  is  no  ncceffity  we  fhould  debate 
herein,  feeing  it  is  far  more  credible  ( which  is  recorded  by  H£- 
frorians)  that  that  right  was  by  the  peoples  will  granted  to  Kings 
B.  It  isalfo  credible  that  fo  great  a  matter  was  not  obtained  with- 
out fome  great  caufe.  M.  I  do  eafily  afTent  thereto.  B.  What 
do  you  think  was  the  chief  caufe  thereof?  M.  What  other,  ex- 
cept  that  which  is  recorded  ?  wearifomnefs  of  ambition,  Tumults, 
Murthers,  inteftine  Wars,  often  with  the  utter  deftruclion  of  the 
one  party,  and  always  with  very  great  damage  of  both.  For 
fuch  as  did  obtain  the  Government,  endeavoured  to  cut  off  their 
Brethren,  and  almolt  all  their  near  Kinfmen,  that  they  might 
leave  the  Government  the  more  peacable  to  their  Children,  even 
as  we  hear  is  done  amongft  the  r^,  and  as  we  fee  aoiongft  the 
chief  of  the  Clanns  in  our  Ijlands,  and  in  Ireland.  B.  To  which 
ofthetwodo  you  think  was  that  contention  molt  pernicious,  to  the 
People  or  to  the  Princes  i  M.  Cettainly  to  the  Kings,  feeing  the 
greateft  part  of  the  people  fecuring  themfelves  doth  ufually  (tand 
Spectators  of  Princes  contefts,  and  yield  always  as  a  prey  to  the 
Victors.  B.  It  feems  then  that  Princes  rather  for  thcmfelves,than 
for  the  good  of  the  people  defired  to  eftablifh  the  Kingdom  in 
their  own  Family.  M.  That  is  very  probable.  B-  Now  that 
they  might  obtain  that  which  did  fo  much  concern  the  perpetual 
dignity,  wealth  and  fafety  of  their  Family,  it  is  probable,  that  they 
did  difpenfe  or  remit  to  one  another  fomewhat  of  their 
right:  and  that  they  might  the  more  eafily  obtain  the  peoples 
good  will,  liking  and  confent,  they  on  their  part  gave  them  fome 
eafe.  M.  I  believe  that.  B.  You  will  certainly  confefs  it  incredi- 
ble, that  for  fo  great  a  benefit  bellowed  on  their  Kings,  they 
ihould  endure  to  be  in  a  worfe  cafe  than  formerly  they  were  in. 
M.  It  is  altogether  incredible.    B.  Neither  would  Kings  have  de- 

G  2  fired 


41  The  due  PrrJiledge  of  the  Scotch  Government. 

fired  rt  with  To  great  Ambition,  if  they  had  known  It  would  prove 
hiirtaij  to  their  Children,  and  unprofitable  to  the  people.  M.  Nor 
at  all.     B.  Imagine  then  that  fomc  one  in  Parliament  of  the  free 
people  did  freely  ask  the  King,  what  if  to  any  King  {hould  fuc- 
cecd  a  Son  that  is  a  fool,  or  mad  >    Will  you  let  fuch  over  us  to 
Rule  us5  who  cannot    rule  or  govern  themfelves  ?    M.  I  think 
there  was  no  need  to  make  ufe  of  that   exception,  leeing  by  the 
Laws  it  is   provided  againft  fuch  a  cafe.    B.  Well  faid  indeed. 
Let  us  then  fee,  if  Kings  had  obtained    from  the  people  a  free 
power  over  the  Laws,  whether  that  had  been   unprofitable,  efpe- 
cially  to  thofe  who  defired  to  forefee  the  good  of  their  own  Fa- 
mily in  time  coming.    M.  Why  (hall  we  think  that  that  Power 
\*ould  be  unprofitable?    B.  Becaufe    nothing  doth  fo  much  con- 
tribute for  the  continuance  of  a  Government,    as  that  tempera- 
ment of  Government,  feeing  it  is  both  honourable  for  Kings,  and 
moderate,    and   laic   for   the  people.     The  mind  of  Man  hath 
fomewhat  fublime  and  generous  imbred   therein  by  nature,  that 
it  will  obey  none,  unlefs  he  govern  profitably .-    Nor  is  there  any 
thing  more  prevalent  for  maintaining  humane  fociety,    than  the 
mutual  exchange  of  benefits,  and  therefore  Theo^ompvs  feems  to 
have  wifely  anfwered  his  Wife  upbraiding  him  that  by  adding  the 
Efbory  he  had  diminifhed  the  Power  of  his  Authority,  and  had 
left  the  Kingdom  to  his  Sons   lefs  than   he  had  gotten  it.     It  is, 
faith  he,  fo  much  the  more  firm  and  fure.     M.  What  you  re- 
late of  continuance,  I  perceive  is  moit  true.    For  I  think  the  King- 
doms of  the  Scots  and  Danes  are  the  molt  Ancient  cf  all   that  are 
\v,  Europe,  nor  dd  they  feem  by  any  other  means  to  have  attained 
that  antiquity,    than    by  the  moderation  of   the  Supream  Au- 
thority, wnilft  in  the  mean  time  the  Kingdoms  of  the  Frenches, 
Engines  and  Spaniards  have  part  fo  often  out  oi  one  Family  into 
another.     But  I  do  not  know  if  our  Kings   have  been  fo  wife  as 
iheofomfm.    B.  As  they  have  not  been  fo  prudent,  do  you  ima- 
gine that  the  people  were  fo  foolifh,  as  to  neglect  an  occafion  fo 
opportune  put  into  their  hand  .;  or  that  they   were  [o  {truck  with 
fear,  'or  feduced  by  flatteries,   as  to  give  themfelves  over  into 
flavcry  willingly  ?   M.   Perhaps  it    was  not.    But  if  the  people 
f  which  indeed  might  be)  were  fo  blind,  that  they  did  not  fee  what 
might  concern  their  own  good,  or  being  carelefs  would  not  fee 
what  might  be  for  their  benefit,  fo  as  to  contemn  it,  {hould  they 
:  ot  then  be  juftly  punifhed  for  their  folly  ?   B.  It  is  not  probable, 
that  any  fuch  thing  was  done,  feeing  we  may  fee  the  contrary  to 

be 


The  due  Pnvi'edge  of  the  Scotch  Government.  4} 

be  obfcrved  even  to  our  chys.  For  brides  that  wicked  King?,  as 
often  as  they  intended  Tyranny  over  their  Subjects,  were  always 
retrained,  fome  Veftiges  of  the  Ancient  Cuftoms  do  yet  continue 
in  fome  Ancient  Families.  For  the  Old  Scors  even  to  our  verv 
days  do  choofe  their  Heads  of  Clans,  and  having  chofen  them,  do 
give  them  a  Council  0}  Elders,  to  which  Council  whofoever  gives 
not  Obedience,  is  deprived  6f  all  Honour  and  Dignity.  VVhat 
therefore  is  with  very  great  care  obferved  in  the  pans,  would  they 
b:  n:gligmt  of  for  the  fecurity  and  fafety  of  all  ?  And  would  they 
willingly  redact  themfelves  into  Bondage  to  him,  who  was  to 
poilefs  a  lawful  Kingdom  inftead  of  fome  benefit  ?  and  would  they 
freely  give  over  their  Liberty  acquired  by  vertue,  defended  by  arms, 
not  interrupted  for  fo  many  Ages,  to  on?  not  expecting  it,  without 
force,  without  War .-  For  the  calamity  of  John  Baliol  doth  (hew 
that  that  power  was  never  granted  to  our  Kings ,  beiides  the  pu- 
nilhmentsfo  often  taken  for  their  Male-adminiftration.  Who  about 
two  hundred  andfixty  ytars  ago  was  by  the  Nobility  rejected  ,  be- 
caufe  he  had  fubje&ed  himfelt  and  his  Kingdom  to  the  authoritv 
of  Edward  King  of  England ,  and  Robert  the  firft  was  fubfti- 
tute  in  his  ftcad.  The  fame  doth  alio  (hew  that  perpetual  Cu- 
ftom  continued  from  the  beginning  of  our  Government. 

M.  What  cuftom  do  you  fpeak  of?  £.  When  our  Kings  are 
publickly  inaugurated, they  folemnly  promifeto  all  the  people,  that 
they  will  obferve  the  Laws,  Rites  and  old  Statutes  of  their  prede- 
ceilors  and  ufe  the  fame  power  which  they  have  received  from 
them  ,  that  whole  order  of  ceremonies  doth  (hew,  and  the  firft 
entry  of  our  Kings  into  every  City ,  from  ali  which  it  may  be 
Cafily  underftood,  what  kind  of  power  they  did  receive  from 
our  predeceflbrs,  to  wit,  none  other  than  that  they  fwear  to 
maintain  the  Laws  being  chofen  by  fuffra^es.  This  condition  of 
reigning  did  God  propofe  to  David,  and  his  pofterity,  and  pro- 
mifeth  they  fhould  reign  fo  long,  as  they  fhould  obey  the  Laws 
he  had  given  them,  thofe  things  indeed  they  do  ,  as  is  pro- 
bable that  our  Kings  received  from  our  Anceftors  a  power  nor 
immenfe,  but  within  certain  limits  bounded  and  limited.  And 
further  there  was  the  confirmation  of  a  long  time,  and  the  ulur- 
pation  of  a  perpetual  right  by  the  people,  never  reprehended  by 
a  publick  decree.  M.  But  I  fear  it  cannot  be  cafily  obtained  ot 
Kings  as  being  perfwaded  by  that  probability  to  condefcend  to 
thefe  Laws  however  fworn  unto,  or  ufurped  by  the  people.  *B, 
I  alfo  believe,  it  is  no  lefs  hard  to  perfwade  trie  people  to  pais 

from 


44  The  due  Privikdge  of  the  Scotch  Government. 

from  the  right  received  from  their  Anceftors,  approved  by  the 
ufc  of  fo  many  ages ,    and  practifed  by  one  continual    tenour. 
I  do  not  think  it  needful    to  proceed  by   conjectures  what  the 
people  is  to  do,  fince  I  fee  what  they  have  done  already.    But 
\[  by  the  obftinate  pertinacy  of  both  the  bufinefsthey  come  to  Arms, 
he  that  prevaileth  will  give   what  Law  and  right  he  pleafeth 
to  rhe  vanquished :  but  this  will  no  longer  continue  than  he  who 
is  vanquifhed,  having   again   gathered  together  his  forces,   fliall 
rake  up  Arms  again.     In  all  which  contentions  men  ufually  (till 
fight  with  very  great  damage  of  the  people,    but  with  the  utter 
overthrow  of  Kings.    For  from  this  Spring  do  flow  all  the  de- 
ftructions  of  all  Kingdoms.    M.  It  mail  needs  be  To.    B.  I  have 
perhaps  gone  back   further   than  was  needful,    to  the  end  you 
might  clearly  undcrftand  what  kind  of  Government  there  was 
amongft  us  of  old.    For  if  I  had  reafoned  with  you  according 
to  the  rigour  of  the  Law,  I  might  have  gained  my  point  in  a 
far  more  compendious  way.    M.  Albeit  you  have  almoft  facis- 
fied  me  already,  yet  I  ftall  willingly  hear  what  that  is.    B.  I 
would  then  have  you  firft  of  all  to  anfwer  me  this  qucftion.    Do 
you  not  approve  the  definition  of  Law  fet  down  by  Lawyers,  who 
lay  that  Law  is,  that  which  the  people  knew  when  demanded  by 
him  to  whom  the  Prerogative  of  demanding   belongeth.    M. 
Indeed  I  do  approve  ir.    B.    We  have  agreed,  that  the  faults  of 
Laws  being  found  out,  they  may  be  amended  or  abrogated  by  the 
Law- givers.    M.  We  did  fo.    B.  I   fuppofe  you  perceive  now, 
that  fuch  as  are  born  Kings  are  by  the  Laws  and  fuffrages  of 
the  people  created,  no  lefs  than  thofe  whom  we  faid  were  elected 
in  the  beginning,  and  that  in  receiving  of  Laws  there  will  not  be 
Remedies  wanting  in  the  people,  who  are  the  Lawgivers,  not 
only  againft  force  and  fraud,   but  alfo  againft  negligence.     M.  I 
perceive  that  clearly.    B.  Only  here  is  the  difference,    that  the 
Law  concerning  our  Kings  was  made  feveral  ages  before,  and 
when  any  doth  enter  into  the  Kingdom,  there  ufcthto  be  no  new 
Law  made,  but  the  old  Law  is  approved,  and  ratified.    But  a- 
mongft  thofe  who  have  their  meeting  of  Eftates  at  rhe  Election 
of  every  King,  the  Law  ufeth  to  be  made,  the  King  created  and 
approved,  arid  (o  to  enter  into   his  Government.    M.  It  is  Co. 
B.    Now  if  you  pleafe,  let  us  briefly  recapitulate  what  we  are  at 
accord  in  from  the  very  beginning.    So  that  U'  ought  be  rafhly 
approved,  it    may  be  retracted.    M.  I  am  content.    B.  Firft  of 
all  then  ,   it  feems  that  a  King  is  created  for  the  Peoples  fake, 

and 


The  due  Privikdge  of  the  Scotch  Govermtnt.  4? 

and  that  nothing  more  excellent  is  given  us  of  God  than  a  good 
King,  and  more  Peftilentious  than  a  wicked  King.  M.  Very 
right.  B.  We  have  alfo  faid  that  a  wicked  King  is  called  a 
Tyrant.  M.  We  have  faid  lb.  B.  And  becaufe  there  is  not 
fuch  plenty  of  good  men,  fo  as  to  choofe  thofe  who  may  prove 
good  Kings,  nor  fo  great  a  happinefs  of  Birth,  as  that  good 
Luck  may  offer  us  thole  that  are  good  :  i(  we  have  not  fuch 
as  we  would  wifh,  yet  we  have  fuch  as  either  confent  hath  ap- 
proved, or  chance  hath  offered.  Now  the  hazard  that  occureth 
either  in  choofnig  new  Kings,  or  in  approving  fuch  as  are  given 
us  by  Birth,  was  the  caufe  that  we  defired  Laws,  which  might 
modify  the  Government  of  Kings.  Now  thefe  Laws  fhould  be 
nothing  elfe  but  the  exprefs  Image  fas  far  as  may  be)  of  a  good 
Prince.  M.  We  are  at  accord  in  that  alfo.  B.  It  now  remai- 
neth,  as  I  fuppofe,  for  us  to  fpeak  of  the  Punifhment  of  Tyrants. 
M.  That  only  feems  to  remain  unfpoken  of.  B.  If  then  a  King 
break  all  the  Bonds  of  Laws,  and  plainly  behave  himfelf  as  a 
publick  Enemy,  what  think  you  fhould  be  done  in  this  cafe  $ 
M.  Indeed  I  am  at  a  ftand  here.  For  albeit  the  reafons  you  have 
given  feem  to  convince  me,  that  we  ought  to  have  no  fbciety 
with  that  King,  yet  fo  great  is  the  ftrength  of  a  conflant  cuftom 
that  in  my  opinion  it  hath  the  ftrength  of  a  law.  Which 
cuftom  doth  fo  clofely  cleave  to  men  in  their  minds,  that  if  at 
any  time  it  hath  brought  in  an  errour,  better  it  is  to  tolerate  it, 
than  to  marr  the  Conffitution  of  the  whole  Body,  whilft  we  en- 
deavour to  Cure  a  DKcak  that  is  but  fmall  by  cuflom.  For 
fuch  is  the  Nature  of  fome  difeafes,  that  better  h  Is  to  endure  the 
Pain  they  bring,  than  to  call  for  doubifom  remedies,  in  the  apply- 
ing whereof,  albeit  (be  Cure  may  be  wrought,  yet  they  bring  fuch 
fharp  Pains  in  their  Cure,  as  that  the  Cure  of  the  Difeafe  is  more 
pernicious  than  the  Difeafe  icfelf.  Next,  that  which  troubles  me 
more  is,  I  fee  that  Government  which  you  call  Tyranny,  con- 
firmed by  the  Word  of  God,  and  what  you  abhorr  as  the  utter 
overthrow  of  Laws,  God  doth  call  the  Law  of  the  Kingdom ;  the 
Authority  of  that  paiTage  of  Scripture  doth  move  me  more  than 
all  the  Arguments  of  Philofophers.  If  you  do  not  explain  this  to 
me ,  the  comments  of  Men  will  not  be  of  fo  greac  account  with 
me,  but  that  I  may  inftantly  fall  away  to  the  Adverfaries  fide. 
B.  You  are,  as  I  perceive,  in  the  common  errour,   and  that  very 

fricvous,  who  do  endeavour  to  confirm  Tyranny  by  Tyranny. 
or  how  great  the  Tyranny  of  cuftom  is  in  the  minds  of  men, 

wherein 


\6  The  due  Prlvikdgt  of  the  Scotch  Government. 

wherein  it  hath  taken  dcepeft  root,  and  too  often  we  have  found 
it  in  this  our  age.  Herodotus  an  Ancient  writer  doth  give  us 
warning  by  an  eld  example,  but  I  need  not  old  examples.  Be 
well  advifed.  Confidcr  with  your  felf  how  many  things  there 
be  of  great  moment,  wherein  you  following  the  dictates  of  rca- 
(on  have  fallen  from  a  cuftom  inveterat  fo  many  ages  pair,  fothat 
now  you  might  have  learned  by  Domedick  experiments,  that  there 
is  no  cuftom  more  full  ol  dangers  than  that  which  in  a  publick  way 
they  command  us  to  follow.  I  bid  you  look  well  to  it  round  a- 
bont,  how  many  ruins,  and  how  great  {laughters  will  you  fee 
therein?  but  if  it  be  more  clear  (as  we  fay)  then  the  very  light, 
I  need  not  tarry  longer  in  proving  or  Illuftrating  a  thing  fo  perfpi- 
cucLis.  Now  as  for  that  pafTage  of  Scripture,  which  from  the 
Hiflory  of  the  Kings  you  rather  lignify  than  explain,  beware,  I 
pray  you,  you  think  that  the  things  which  God  doih  abhor  in 
the  life  of  Tyrants,  are  by  him  allowed  to  Kings.  Now  left  this 
be,  I  bid  you  firft  confider  what  that  people  fought  of  the  Lord  : 
then  what  caufes  of  a  new  petition  they  had,  laftly,  what  the 
Lord  did  anfwer  them.  Firft,  they  ask  a  King,  but  what  a  King? 
a  Lawful  King  ?  fuch  a  one  they  had.  For  Samuel  was  given 
rbem  by  rhe  Lord,  whofe  Prerogative  it  was  to  fet  a  King  over 
them.  He  had  for  many  years  judged  them  Lawfully  according 
to  prefcript  of  God's  Law  .-  but  whilft  in  his  old  Age  his  Sons  did 
judge,  they  did  many  things  wickedly,  and  judged  contrary  to  the 
Laws.  I  fee  no  rcafon  why  they  (hould  ask  the  change,  or  rather 
Amendment  of  the  Government,  or  expect  the  fame  from  the 
Lord,  who  not  long  before  had  quite  rooted  out  the  whole  Fa- 
mily of  Heli,  almoft  for  the  like  caufe.  What  do  they  ask  I  A 
King,  fuch  as  their  Neighbouring  Nations  had,  who  at  home 
might  be  a  judge  to  them,  and  abroad  a  leader  of  their  Armies. 
Now  in  effect  fuch  were  Tyrants,  for  as  the  People  of  Afia  are 
of  a  more  fervile  difpofition  than  thote  of  Europe,  (o  did  they  the 
more  cafily  obey  the  commands  of  Tyrants.  There  is  no  men- 
rion  made  for  ought  1  know,  by  an  Hiftorian  of  any  Lawful  King 
in  Jjia.  Movcover,  it  doth  cafily  appear  that  a  Tyrant,  and  not 
a  King  is  there  defet  ibed,  in  regard  the  Lord  in  Deuteronomy 
had  prescribed  to  them  a  form  not  only  different  from  this  in  that 
place  cited  by  you,  but  alfo  plainly  contrary  thereto,  according 
to  which  form  Samuel  and  the  other  judges  had  judged  fo  many 
vcars,  which  whilft  they  did  reject,  the  Lord  complains,  that  he 
was  by  them  rejected.  M.  But  the  Lord  doth  not  call  him  Ty- 
rant, 


The  due  Prtviledge  of  the  Scotch  Government-  47 

rant,  but  ever  King.  B.  He  calls  him  indeed  King:  for  it  is  p> 
culiar  ro  the  L  rd,  to  ufe  the  common  Speech  of  the  People,  as 
o'ten  as  he  fpeaketh  to  a  people.  And  therefore  he  makech  ufc 
of  that  word  with  the  Vulgar  People  .-  but  left  &n  An  bigpoiis  ufe 
the  eof  might  deceive,  he  do:h  Eloquently  expound  what  the 
ufc  of  that  word  was  amongft  Neighbouring  Nations.  M  As 
that  may  be  true,  yet  that  of  the  Aportle  Pad  loth  urge  us  rmre 
narrowly,  who  commands  us  to  pray  for  the  faf:::y  of  Princes :  he 
isfo  far  from  permitting  us  to  revile  Gdyernrnent,  m  ich  lefsro 
dethrone  fuch  as  arc  invefted  therewith,  or  to  kill  them  being 
thrown  down.  But  what  Princes  doth  he  recommend  to  our 
Prayers?  the  moft  cruel  that  ever  were,  Tiberiis,  Caligula,  Clau- 
dius Nero.  For  Pads  Epiftles  were  almoft  contemporary  with 
them.  B.  That  vou  make  (o  much  account  cf  the  Authority 
in  Paul,  fo  as  one  Sentence  of  his  hath  more  weight  with  you  than 
the  writings  of  all  Philofophers  and  Lawyers,  I  think  you  do  well : 
but  fee  that  you  confider  well  his  judgment,  or  meaning  .-  for  you 
mud  not  examin  the  words  only,  but  in  what  time,  to  whom, 
and  why  he  wrote.  Firft  then  let  us  fee  what  Pa/d  did  write.  For 
he  utireth  to  Titus.  Chap.  }.  Put  them  in  mind  to  be  Subject  to 
Principalities  and  powers,  and  to  be  ready  to  every  good  work. 
I  fuppole,  you  fee  what  end  of  obedience  and  fubje£Hon  he  ap- 
points. He  likewife  to  Timothy  Chap.  1.  Doth  write,  that  we 
Ihould  pray  for  all  men,  even  for  Kings,  and  orher  Magistrates, 
that  faith  he,  we  may  live  a  peaceable  life  in  all  Godlinefs  and 
honefty.  And  here  you  fee  what  end  of  praying  he  appoints : 
namely  not  for  the  Kings  fafety,  but  the  Churches  Tranquillity, 
from  which  it  will  be  no  difficult  thing  to  conceive  alfo  the  form  of 
Prayer.  Now  in  his  Epiftle  to  r>e  Romans,  he  doth  define  a  King 
near  to  a  Logick  fubtilty,  for  faith  he,  he  is  a  Minifter  to  whom 
the  fword  is  given  by  God,  for  puniftiing  the  wicked,  and  for 
cherifhing  and  relieving  the  good.  For  faith  Cbrifoflome^  thefe 
things  are  not  bv  Paul  written  of  a  Tyrant,  but  of  a  true  and 
Lawful  Mag:ftrate,  who  is  the  Vice-gerent  of  the  true  God  on 
Earth,  whom  whofoever  refifteth,  doth  certainly  reflft  the  ordi- 
nance of  God.  Now  albeit  we  ought  to  pray  for  wicked  Princes, 
we  fhould  not  thence  conclude,  chat  their  vices  fhould  not  be 
punifhed :  nor  will  it  more  follow  that  we  fhould  not  punifh  the 
rapines  0$  Robbers,  for  whom  we  are  alfo  commanded  to  Pray. 
And  if  we  ftnuld  obey  a  good  Prince,  it  will  not  therefore  follow 
that  we  fhould  not  refill  a  wicked  Prince.    But  if  you  confider  the 

H  reafoc 


48  Ihc  due  Privilege  of  the  Scotch  Government. 

reaicn  which  did  move  Paul  to  write  thefc  things,  look  that  the 
place  or  Argument  make  net  much  agaiwft,  you.     For  he  wrote 
this  to  chaftife  the  rafhnefs  of  (bine,  who  did  deny  the  Authority 
of  Magima-.es  to    be    neceffary   for  Christians.    For  fince  the 
power  of  Magiftrats  1$  ordained  again  ft  wicked  men,  thac  we  may 
all  live  rightoufty  •    and  an  example  of  Divine   Juftice  might 
remain  amohgft  men,  they  affirmed  that  there  was  no  ufe  there- 
of amongft  me;,  who  abhor  fo  much  the  contagion  of  vice%  as 
that  they  are  a  Law  to  themfelves.    Pa  A  doth  not  therefore  fpeak 
of  thofe  who  bear  Rule  as  Magiftrats,  but  of  Magiftracy  it  felt, 
that  i$l  of  the  function  and  office  of  thofe  who  rule :  nor  yet  of 
one  or  other  kind  of  Magiftracy,   but  of  every  form  of  a   Law- 
ful Magiftracv- '   Nor  doth  he  debate  with  thofe  who  think  that 
wicked  Magifttates  fhould  be  reftrained,  but  with  thofe  men  who 
deny  all  Authority  of  Magistrates ,    who    abfurdly  interpreting 
Qhnf.'nxn  liberty,    did  affirm  it  to  be  an  indignity  for  thofe  that 
were  made  free  by  the  Son  of  God,  and    ruled   by  the  Spirit  of 
God,  to  be  under  the  power  of  any  man.     That  Paul  might  re- 
fute their  errour,  he  iheweth,  that  Magiftracy  is  a  thing  not  only 
good,  but  alio  facred,  namely  an  ordinance  of  God,  and  for  that 
end  inftituted,  that  the  aflemblies  and  incorporations  of  men  might 
be  fo  continued,  that  they  might  acknowledge  Gods  benefits  to- 
wards them,  and  might  forbear  to  wrong  one  another.    God  com- 
manded them  to  be  keepers  of  his  Laws  whojwere  conftituted  in 
dignity.     Now  if  we  confefs  Laws   to  be  good  fas  indeed  they 
arcj'  and  the  keepers  thereof  worthy  of  Honour,  we  will  be  forced 
to  confefs  that  the  office  of  the  keepers  is  a  good  and  profitable 
thing.     But  Magiftracy  is  terrible,  but  to  whom  ?  to  the  good, 
or  bad  i  to  the  gocd  it  is  not  a  terrour  ;  it  being  to  them  a  de- 
fence from  injury  :  but  to  wicked  men  it  is  a  terrour  :  it  is  not  fo 
to  you,  who  are  ruled  by  the  Spirit  of  God.    But  you  will  fay  to 
me,  what  need  have  I  then  to  be  Subject  to  Magiftracy,   if  I  be 
the  Lords  Freeman  ?  yea,  that  you  may  approve  your  kit  to  be 
the  Lords  Freeman,  obey  his  Laws :  tor  the  Spirit  of  the  Lord,  by 
whom  you  boaft  to  be  led  and  governed  ,  is  both  the  Law-giver, 
and  approver  of  Magiftrates,  and  alfo  the  Author  of  obedience  to 
Magiftrates.     We  therefore  in  this  will  eafily  agree  together,  that 
there  is  need  of  JSlagiftracy  even  in  the  beft  Common-wealths, 
and  that  we  fhould  every  way  honour  the  fame.    But  if  any  man 
think  btherwife,    we  account  him  mad,  infamous  and  worthy  of 
all  Punifliment .  For  he  doth  plainly  contravene  the  will  of  God 

revealed 


The  due  Privilege  of  the  Scotch  Government.  49 

revealed  to  us  in  the  Scrip  urcs.  But  as  for  Caligula ,  Nero,  Domiti- 
&n>  and  luch  like  Tyrants,  why  thev  fhould  not  be  punifhed  as 
breakers  of  divine  and  humane  Law,  you  have  nothing  here 
from  Paul,  who  treats  of  the  power  of  Magiftrates,  but  not  of  the 
wicked  Minifters  of  that  power,  nor  wil)  they  be  at  all  Magi- 
ftrates, it  ybn  examine  that  kind  of  Tyrants 'according  to  P;u!s 
rule.  But  if  any  will  debate  that  wicked  Princes  are  alfo  ordai- 
ned by  God^  look  that  this  his  difcourfe  be  not  captious.  Foii 
fas  they  fay  in  Proverb;  God  may  put  a  hard  wedge  to  cleave  a 
hard  knot,  fo  doth  he  fet  up  a  wicked  man  for  punifhrg  oi 
wicked  tnei 5  but  no  man  in  his  right  wits  dare  affirm,  that  God  is 
therefore  the  Author  of  evil,  or  wickednefs,  even  as  no  man  is 
Ignorant  that  he  is  the  Author  of  punifting  wicked  men.  A 
good  Magiftrates  alfo  for  the  moil  part  choofeth  a  wicked  man 
to  be  an  hangman  for  punifhmg  guilty  Perfons.  And  albeit  in- 
deed that  a  Magiftrate  doth  affume  "fuch  an  hangman  for  that 
Office,  yet  no  impunity  is  granted  him  of  all  his  mifdeeds.  Nor 
will  the  Magiftrate  have  'him  to  be  fo  above  the  Laws,  as  that 
he  cannot  be  queftioned  thereby.  I  will  not  flay  longer  upon  thii 
firnilitude,  left  Court  flatterers  cry  out  that  I  fpeak  bafely  of  the 
lupream  Magiftrate.  But  however  they  exclaim,  certainly  this 
they  cannot  deny,  that  the  hangmans  function  is  a  part  of  the 
publicfc  Office,  and  perhaps  of  the  Royal  Office,  or  at  leaft  by 
the  Teftimony  oi  very  Kings;  who  complain  that  their  Majefty 
and  Per fon  is  wronged,  as  oft  as  any  of  their  publick  Minifters  is 
wronged,  or  violence  done  to  them:  Now  the  punifhment  of 
wicked  Malefa&ors,  and  whatever  elfc  of  that  kind,  doth  belong 
to  the  Rings  office.  What  fav  vou  of  Majors  or  Provofts  m 
Towns.?  what  of  Generals  of  Armies?  what  of  Baillies  ?  What 
of  Sherifs  ?  doth  nor  Paul  command  us  to  be  fubje6t  to  them  ? 
doth  he  hold  them  for  private  perfons  ?  Now  an  account  ufeth 
to  be  taken  for  male-adminiftration  of  all,  not  only  of  Inferiour 
Magiftrates,  but  alfo  of  fuch  as  are  equal  to  Kings.  I  would  there- 
fore have  them,  who  from  Pauls  words  do  dream  that  fo  great  a 
power  is  given  to  Kings,  to  (hew  me  from  him,  that  Kings  only 
are  here  to  be  underftood  bv  the  name  of  power,  and  therefore 
they  only  are  to  be  exempted  from  the  Puniflimeni  of  Laws .  or  i^ 
when  we  fay  powers,  other  Magiftrates  be  alfo  underftood  by  the 
fame  Author,  who  are  ordained  by  God  for  the  fame  ufe  ■•  I 
would  have  them  alfo  to  ftfew  me,  where  all  Magiftrates  are  loofed 
from  the  Laws,   and  pronounced  free  from  the  fear  of  Punifh- 

H  x  ment  : 


50  "the  due  P/rviledgt  of  the  Scotch  Government. 

merit  :  or  if  this  immunity  be  granted  to  Kings  only,  but  denyed 
to  others  who  arefct  in  Authority.  M.  But  Paul  will  have  all  to 
be  fubjc£r  to  the  higher  powers.  B.  He  commandeth  fo  indeed, 
but  by  this  name  of  Power  he  mutt  needs  comprehend  other 
Magiftrates,  unlefs  perhaps  we  imagin  that  /Wdoth  think  no 
Power  at  all  to  be  in  thofe  Common-wealths,  which  have  not 
Kingly  Government,  but  plainly  an  Anarchy  therein.  FA.  I  do 
net.  believe  that,  nor  is  it  probable :  and  the  rather  1  am  olthis> 
qpinfoiij  becaufe  the  current  of  all  the  meft  learned  Interpre- 
ters on  the  place  make  for  you  ?|  who  think  that  Pa uh  dilpute 
there  was  againft  thofe  that  affirmed  that  no  Laws  and  Magi- 
strates did  at  all  belongto  them.  B.  What  fay  you  to  that  which' 
1  lately  {poke.  Do  you  think,  that  thofe  Tyrants  before  men- 
tioned of  all  men  the  moft  cruel,,  are  meant  by  the  Apofile  ? 

M.  Yes,  but  what  produce  you  againft  me  to  hinder  me  frcm 
the  belief  rhercof?  efpccially  kmg  Jeremy  doth  camefllvadvife  the 
7^#*,and  that  by  command  of  God,to  obey  the  King  of  Jfyria^nd 
bv  no  means  to  lejecl  his  autority,  and  thence  they  infer  by  the 
like  reafen,  that  obedience  fhould  be  given  to  other  Tyrants  alfo 
how  cruel  iocver.  B.  That  I  mayanfwer  firft  to  what  you  lallfpokc 
you  muff  rake  notice,  that  the  Prophet  doth  not  command  the  Jem 
to  obey  ail  Tyrants,  but  the  King  of  Jfiyria  ■  alone :  Now  if  you 
wou  dccncludc  the  Form  of  a  Law  from  that  which  is  comman- 
ded to  be  dene  to  one  tingle  Perfon,  firft  you  are  not  ignorant  (for 
Logick  hath  taught  you  that)  what  a  great  ablurditv  you  will 
make,  next  you  will.be  in  danger  to  be  alTaulted  by  the  oppolers 
of  Tyia:  ny  with  the  like  weapons ;  for  you  muff  either  (hew  what 
tingular.  thingthere  is  in  that  matter5or  propofe  it  to  be  imitated  by 
all  every  where.or  if  you  cannot  do  this,  you  muff  acknowledge, 
that  whatever  is  enjoyncd  concerning  any  one  Perfcn  by  any  fp?- 
eial  command  of  God,  it  doth  alike  belong  to  all.  If  you  fhall 
once  a<Jmjt  this  (which  you  muff  needs  do)  it  will  be  inftantly  cb-- 
jccied,thar  £h&b  was  killed  by  Gods  command,  and  a  reward  was 
aifopiomifcdard  performed  to  him  that  fhould  kill  him.  Whene- 
ver therefore  you  betake  }  our  fcKto  that  refugesyou  mull  obey  all 
Tyrants.-  becaufe  God  by  his  Prophet  did  command  his  people  to 
obey  cneTytant.  It  will  be  inftantly  rcplyed  ,  that  all  Tyrants 
out.hr  alfo  to  be  killed,  becaufe  Ahab  at  the  command  of  God  was 
killed  by  the  Captain  of  his hofl.  7  hcrefore  I  advife  you  to  provide 
a  more  firm  defence  from  Scripture  for  Tyrants,  or  then  laying  the 
fame  a  fide  at  prefcot  you  may  have  your  recour(c  to  the  Philofo- 

phersj 


£l;e  cite  Prlviledgt  of  the  Scotch  Government.  S1 

phers  School.  Mlfhall  indeed  think  upon  it.But  in  the  mean  time 
let  us  return  from  whence  we  havedigreffed.    What  do  you  bring 
from  Scripture,  why  Tyrants  may  be  iawiully  killed.  B.  Firff  of  all' 
I  proffer  this,  that  feing  it  is  exprefly  commanded  to  cutoff  wicked- 
nefs  and  wicked  Men,  without  any  exception  of  rank  or  degree,and 
yet  in  no  place  of  facred  Scripture  are  Tyrants  more  fpaiedthan 
private  Perlbns.    Next,  that  the  definition  of  Powers  delivered  by 
Pa'ildozh  not  wholly  belongto  Tyrants,  becaufe  they  accommodate 
not  the  ffrength  of  their  Authotity.for  the  benefit  of  the  People,bur 
for  fulfilling  their  own  Luffs.  Further  wc  fhould  diligently  cor. (ider 
how  much  Power  Paul  dothgia.it  to  Bifhops,  whefe   Function  he 
doth  highly  and  truly  praife,  as  being  fome  way  like  unto  Kings, 
as  far  as  the  nature  of  both  their  Functions  can  admit.    For  Ei  r.ops 
arePhylitians  of  Internal  Difeafes,  as  Kings  are  Phyfitiam  of  ex- 
ternal Diftempers:and  yet  he  would  neither  of  them  to  be  tree  from 
or  not  liable  to  thejmifdid-ion  of  the  other.  And  even  as  Bifhops 
arefubject  to  Kings  in  the  fixerc'ij  of  r'ieir  Civil  Government,  io 
ought  Kings  obey  cheSpirnu.il  admonitions  of  Bifhops.  Now  albeit 
the  amplitude  and  dignity  of  Bifhops  bs  fo  great.vet  no  Law  divine 
ncr  humane  doth  exempt  them  from  the  pumfhment  of  crimes. 
Andcopafs  by  ethers.  The  very  Pope  who  is  accounted  the  Bifhop 
of  Bifhops,  who  Ibexalrs  him.eif  above  all  Kings,  that  he  (houid  be 
accounted  a  certain  God  among;}  them,vet  is  he  not  exempted  from 
thepunilhment  of  Law>,  no  not  by  his  own  Canoniits,a  kind  of  men 
very  devoted  to  him.    For  feing  thev  would  think  it  abfurd  thac 
God  (for  they  d  >  nothefitate  to  call  him  thus)  fhould  be  obnoxious 
to  Menscenfire,  and  thin'<  it  unjuft  that  the  greateft  crimes  and 
mo'i  filthy  abominations  fhould  pals  unpunifhed   in  any,  and  yer 
they  have  found  out  a  way  wherebv  crimes  may  be  puntfted,  and1 
the  P.  pe  accounted  facred  and  inviolable.  For  the  Priviledge  of  the 
Pope  is  one  thing,  and  of  that  Man  who  is  Pope  is  another,(ay  they 
and  whilft  they  exempt  the  Pope  (  whom  thev  deny  can  err)  from 
the  cognition  of  the  Laws,yet  do  thevconfefs  him  to  be  a  Man  ob- 
noxious to  vices  and  punifhment  of  vices  ;  nor  have  the  mo.e  fub- 
tilly  chan  feverely  declared  their  judgment  herein.  It  would  betedi- 
oustoiehearl?,  what  Popes  (to  fpeak  after  their  ufual  way  J  what 
Men  perfonating  Popes,  who  nor  only  alive  were  forced  to  renounce 
their  Popedom,  but  being  dead  were  pulled  out  of  their  Graves,and 
thrown  into  Tibur.    But  to  omit  old  Hiftories.  The  recent  memory: 
of  Pope  Pauhhc  IV.  is  frefh  in  our  mind,  for  bis  own  Rome  did  wit- 
ness 


$2  "The  due  Vriviledge  of  the  Scotch  Government. 

nefsa  publick  hatred  againft  him  by  a  new  kind  of  Decree.    For 
lhcy  vented  their  Fury  "(he  being  by  death  taken  awayj againft  his 
neareft:  Kinsfolk,  his  Statues  and  painted  Images  or  Pictures.    Nor 
{i'ouki  this  Interpretation  feem  more  fur  lile  ,  whereby  we  feparate 
the  Power,  from  thePerlon  in  Power,than  Philofophy'doth  acknow- 
ledge, and  the  antient  Interpreters  do  approve,  nor  is  the  rude  mul- 
titude and  Strangers  to  fubrile  difputing  ignorant  thereof;  for  the 
meereit  Tradefmen  take  it  for  no  blct  upon  their  Trade,  if  a  Smith 
or  Baker  be  hanged  for  robbery,but  are  rather  glad  that  their  fociety 
is  purged  of  Luch  Villains.  But  if  there  be  any  of  another  mind,  I 
think  it  is  to  be  [eared,  that  he  feems  to  be  rather  grieved  at  thofe 
Mens  Punifhment  with  whom  he  is  aiTcciate  in  their  Villany,  than 
for  the  Infamy  of  their  Society.  3  am  of  the  cpir.ion,if  Kings  would 
abandon  the  Councils  of  wicked  Men  and  Flatterers,  and  meafure 
their  own  Greatnefs  rather  by  duties  of  vertue,  than  by  the  impuni- 
ty of  evil  deeds,  they  would  not  be  grieved   for  the  Punifhment  of 
Tyrants,  nor  think  that  Royal  Majefty  is  leitened  by  whatfoever  de- 
finition of  Tyrants,  but  rather  be  glad  that  it  is  purged  from  a 
mod  filthy  blot  of  wickednefs  jefpecially  feeing  they  ufe  to  be  high- 
ly offended  with  robbers,  and  that  very  juftly,  if  any  of  them  in 
their  malefices  pretend  the  Kings  Name.  M.   Forfooth,  they  have 
juft  Caui'e.  But  laying  thefe  things  afide,  I  would  have  you  go  on 
to  the  other  head  you  prOpofed.  B.  What  heads  do  you  mean?  M. 
Namely  in  what  time,and  to  whom  Paul  wrote  thofe  things ,  for  J 
defire  to  know  what  the  knowledg  thereof  doth  make  for  the  ar- 
gument in  hand.  B.  I  (hall  herein  obev  you  alfo.    And  firft  I  fhall 
fpeak  of  the  time,  Paul  wrote  thefe  things  in  the  very  Infancy  of  the 
Church,  in  which  time  it  was  not  only  neceflary  to  be  blamelcfs,but 
none  was  to  givecccafiontofuch  as  fought  occafionof  reproaching, 
and  unjuft  caufes  of  ftaining  the  ProfeiTors  of  Chriftianity:  Next 
he  wrote  to  Men  of  fevcral  Nations,  and  fa  gathered  together  into 
one  focietv  out  of  the  whole  body  of  the  Roman  Empire,  amongft 
whom  there  were  but  few  very  rich,  yea  almoft  none,who  either  had 
rukdjOr  could  rule,  or  were  in  any  great  account  amongft:  their  fel- 
low Citizens,  they  were  not  fo  many  in  number,  and  thefe  almoft 
bur  ftrangers,  and  for  the  moft  part  but  lately  freed  of  bondage,and 
others  but  Tradefmen  and  Servants. Amongft  them  there  were  ma- 
ny who  did  further  pretend  Chriftian  Liberty,  than  the  fimplicity  of 
the  Gofpel  could  fufTer.Now  this  company  of  People  out  of  the  pro- 
mifcuous  Multitude,  which  did  won  their  Living,  though  meanly, 
bt  hard  labour,  was  not  to  be  fo  careful  of  the  ftate  of  thcCommon- 

wcalrh 


The  due  Privilege  o]  the  Scotch  Government.  5 ; 

wealth,  of  the  Majefty  of  the  Empire,  and  of  the  converfacion  and 
duty  ot  Kings3  as  of  the  puMick  tranquility,  and  their  domeftidc 
Affairs,  nor  could  they  juttly  claim  any  more,  than  to  lye  lurking 
under  thefhadow  of  whatever  Government  they  were  under,  if  that 
People  had  attempted  to  lay  hold  upon  any  Part  of  Government 
they  fhould  have  been  accounted  not  only  toolifti,  but  mad.     Nor 
fhOuld  they  come  out  ot  their  lurking  holes  to  breed  trouble  to 
thofe  that  did  hold  the  helm  of  publick  affairs  in  hand.  Immature 
Licentioumefs  was  alio  to  be  reptefled,  an  unfit  Interpreter  of  Chri. 
ftian  Liberty.  What  then  doth  Tanl  write  ?  doubtlefs  no  new  precept 
but  only  thefe  uiual  precepts,namely,that  Subjects  fliould  obey  their 
Rulers,  Servants  their  Matters  and  Wives  theirHusbands,nor  fhould 
we  think  the  Lords  yoke,  how  light  foever,  doth  liberace  us  of  the 
bonds  of  our  duty,  but  with  a  more  attentive  mind  than  before  to 
be  bound  thereunto,  fo  that  we  fhould  omit  nothing  through  all  the 
degrees  of  duties  in  our  relations,  that  might  any  wile  make  for  ac- 
quiring the  favour  arid  good  VViil  of  Men.    And  fo  it  fhould  come   • 
to  pafs,  that  the  Name  of  God  fhould  be  well  fpoken  of  among  the 
Gentiles  becaufe  of  us,and  the  Glory  of  the  Gofpel  more  largely  pro- 
pagated. For  performing  of  thefe  things^  there  was  need  of  publick 
Peace,   the   keepers  whereof  were  Princes  and  Magiffrates,  albeit 
wicked.     May  it  pleafe  you,  that  I  fet  before  you  a  manifeft  re- 
prefentation  hereof  >  Imagin  that  one  of  our  Doctors  doth  write  to 
the  Chriftians,  that  live  under  the  Turks,  to  men,  I  fay,  of  mean 
Fortune,    fore  dejected  in  mind,  weak:  and  few  in  Number,  and 
expofed  to  the  injuries  of  all  and  every  one.     What  elfe,   I  ask 
you,  would  he  advile  them,  then  what  Pa<d  did  advife  the  Church 
that  then  was  at  Row^or  what  J^rzazy  advifed  the  exiles  in  Affyria  I 
Now  this  is  a  moft  fine  argument  that  Paul  had  a  regard  to  thole 
mens  condition  to  whom  he  did  write,and  not  to  all  others,  becaufe 
he  diligently  fets  home  the  mutual  duties  of  Husbands  toward  their 
Wives,  of  'Wives  towards  their  Husbands,   of  Parents  towards 
their  Children ,  and  of  Children  towards  their  Parents,   of  Ser- 
vants towards  their  Matters  and  of  M afters  towards  their  Servants. 
And  albeit  he  writes  what  the  duty  of  Magiitrates  is,vct  he  doth  not 
give  them  any  particular  compilation,  (as  he  had  done  in  the  pre- 
ceding relations.)  For  which  caufe  we  (hall  judge  that  he  gave  no 
other  precepts  for  Kings  and  others  in  Authority:  efpecially  feeing 
their  luff  was  to  be  much  more  retrained,  than  that  of  private 
perfons?  What   other  caufe  may  we  imagin,   than  that  at  that 
time  there  were  no  Kings  cr  Magiftrates  in  the  Church  to  whom 

he 


Y4  The  clue  Priviledge  of  the  Scotch  Government. 

he  might  write? Imagln  that  PWdoth  now  live  incur  days,wherein 
not  only  the  People,but  Princes  alio  Profd's  Chriftunity.  At  the  fame 
time,let  there  be  fcme  Prince  ,  who  doth  conceive  chat  not  only 
Ihould  human  Laws  but  alio  divine  Laws  be  fubjeico  his  luft  anci 
pleafure  ,  and  who  will  have  not  only  his  decrees,  but  aifohis  very 
nods  to  be  accounted  tor  Laws,  like  that  man  in  the  Goipel,  who 
neither  did  tear  God,  nor  reverence  man,  who  diitributs  the 
Church  revenues  among!}  villains  and  rafcals,  it  I  mav  i'o  fay  • 
and  dorh  mock  thehnccre  Worfhipeis  of  God,  and  accouncs  them 
butFojisand  mad  Men,  or  Fanaticks:  what  would  Paul  write  oi 
inch  to  theChutcn  ?  l£o.G  were  like  himfelf,  he  would  certainly 
deny^that  he  (hou'd  be  accounted  a  Magiftrate.  He  would  inter- 
di£t  all  Chrifh'ans  to  have  any  communion  with  him,  e.'ther  m 
dyer,  Speech,  or  converfe,  and  leave  him  to  the  People  to  be 
punifhed  by  the  Laws.,  and  would  chink  they  did  nothing  but 
their  duty,  if  they  ihould  account  him  not  to  be  their  King,  with 
whom  they  were  to  have  no  Fel!cw:hip  by  the  Law  of  God.  But 
there  wall  not  be  wanting  tome  Courc-flaves,  or  Sycophants,  who, 
finding  no  honeft  refuge,  become  (o  impudent,  as  to  lay,  that 
God  being  angry  againft  a  people  doth  let  Tyrant;  over  them  : 
whom  as  hangmen  he  appoints  for  punifhing  them.  Whic.'i  to 
be  true  I  do  coafefs ;  yet  it  is  as  true,  that  God  many  times  doth 
(fir  up  from  amongft  the  1  weft  of  che  people  ferae  very  mean, 
and  obicure  men  to  revenge  Tyr  wical  Pride  and  weaknefs  .•  For 
God,  (as before  is  (aid;  doth  command  wicked  men  to  becjtoff.- 
and  doth  exc?pt  neither  degree,  lex,  or  condition,  nor  yet  any 
man.  For  Kings  are  not  more  acceptable  to  him  than  beggars. 
Therefore,  we  may  truely  aver,  that  God  being  alike  the  Father 
of  all,  to  whofe  provide  cenotbirg  lies  hid,  and  whofe  power  no- 
thing can  reiiif,  will  not  leave  any  wickednefs  unpunifteJ.  More- 
over, another  will  (land  up  and  ask  fome  example  out  of  Scrip- 
ture of  a  King  punifhed  by  his  Subjects  :  which  albeit  I  could 
not  produce,  vet  it  will  not  pelently  follow,  chat  becaufc  we  do 
not  read  inch  a  thing  therein  t>  have  been  done,  that  it  fhould  be 
accounted  for  an  high  crime  and  malirice.  I  may  rehearle  among 
many  Nations  very  many  and  found  Laws,  whereof  in  holy  write 
there  is  no  example.  For  as  the  confent  of  all  Nations  doth  ap- 
prove, that  what  the  Law  doth  command,  is  accounted  juft,  and 
what  it  forbiddeth,  is  unjuft,  fo  fince  the  m:mory  of  man  ic  was 
never  forbidden,  that  what  fnould  not  be  contained  in  Laws, 
ftould  not  at  all  te  done.    For  that  fervitude  was  never  received, 

nor 


The  due  PirSiledge  of  ■  the  Scotch  Government.  5  f 

Dpi  will  the  Nature  of  things  Co  fruitful  of  new  Examples  fuffer  .the  fame 
ro  be  received,  that  whatever  is   not  by  fome  Law  commanded,  or  re- 
corded by    fome  famous    Example,  fliould    be  accounted    for   a  great 
Crime  and  Malihce.     If  therefore  any  man  (hall  ask  of  me  an  Example 
out  of  the  Sacred  Scripture?,  wherein  the  Punifhment  of  wicked  Kings  is 
approved,  I  (hall  again  ask  him,  where  is  the  fame  reprehended  ?  But 
if  nothing  done  without  fbme  Example  doth  pleafe :  how  many    civil 
Statutes  (hall  we    have  continued  with  us  ?  how  many    Laws,  for  the 
greateft  part  thereof  is  not  taken  out  of  any  old  Example,  but  eftablifhed 
ao-ainft  new  Deceits,  and  that  without  Example.     But  we  have  already 
•anfwered  thofe  that  require  Examples  more  than   was  needful :  Now  if 
the  Jewifh  Kings  were  not  punifhed   by  their  Subjects,  they   make  not 
much  for  our  purpofe  in  hand.     For  they  were  not  at  firft  created  by 
the  People,  but  were  by  God  given  them.     And  therefore  very  juftly, 
he  who  was  the  Author  of  that  Honour,  was  to  punifh  their  Mifdeeds. 
But  vre  debate,  that  the  People,  from  whom  our  Kings  enjoy  whatever 
Priviledge  they  claim,  is  more  powerful  than  their  Kings ;  and  that  the 
whole  People  have   that  fame   Priviledge  over  them,  which  they  have 
over  every  one  in  particular  of  the  whole  People.     All  the  Rights  and 
Priviledges  of  forraign  Nations,  who  live  under  lawful  Kings,  do  make 
for  us  j  all  the  Nations  which  are  fubjecl:  to  Kings  chofen  by  themfelves, 
do  commonly  agree  herein,  that  whatever  Priviledge  the  People  hath 
given  to  any,  the  fame  they  may  require  again  very  juftly.     All  Com- 
mon-wealths  have  ftill  retained  this  Priviledge.     Therefore  Lentulus,  hav- 
ing confpired  with  Cataline  for  overturning  the  Common  wealth  of  Rome, 
was  compelled  to  renounce  his  Prastorfhip,  and  the    Decemviri,   the  Ma- 
kers of  the  Roman  Laws,  were  taken  orders  with,  even  whilft  they  en- 
joyed the  Supream  Authority;  Some  Dukes  of  Venice,  and    Chiipencus 
King  of  France,  laying  afide  their  Royal  Honours,  as  private  Men,  fpent 
their  Days  in  Monafteries.     And  not  long  ago,  Chriftiemus  King  of  the 
Danes,  twenty  years  almoft  afcer  he  was  deprived  of  his  Kingdom,  did 
end  his  Life  in   Prifon.     Now  the  Dicfatorfhip  (which  was  a  Kind  of 
Tyranny)  was  in  the   Peoples  Power.     And  this  Privilege  hath  been 
conftantly  obferved,  that  publick  Benefices  granted  amifs,  and  the  Li- 
berty granted  to  ingrate  Pcrfons  fet  at  liberty  (whom  Laws  do  very  much 
favour)  might  be  taken  back  again.     Thefe  things  we  have   fpoken  of 
forraign  Nations,  left  we  alone  feem  to  have  ufurped  any  new  Priviledge, 
againif  our  Kings.     But  as  to  what  doth  properly  belong  to  us,  the  mat- 
ter   might     have  been    handled  in    few    Words.     M.  What     way  ? 
For  this  1  am  very  defirous  to  hear.     B.  I    might  enumerate  twelve  or 

I  more 


$6  Tfje  due  P'rh'tledge  of  the  Scotch  Government. 

more  KJirigSj  who  for  great  Cnmes  and  flagitious  deeds,  have  been  either 
adjudged   to   perpetual    Imprlfonmerit,    or   efcaped    the    juft    Punish- 
ment ot     their   Wickcdnels  ,    either  by   Exile    or   voluntary    Death. 
But  left  any  blame  me  for  relating  old  and  obiblete  Stories,  if  I  mould 
make  mention  of  Cu'sny  Ev.m  and  Ferchard,  I  mail  produce  fo'me   few 
within  the  Memory  of  our  Fore- fathers.     All  the  Eftates  in  a  publiek 
Convention,  judged  J.vr.es  the  Third  to  have  been  juftly  killed,  for  his 
great  Cruelcy   and  flagitious  Wickednefs  towards  his  Subjects,  and  did 
caution  that  none  of  them  who  had   aided,  confented,  or  contributed 
Money,  or  had  been  active  therein,  to  be  called  thereafter  into  queftion 
therefore.     Th-.t  they  therefore  did  judge  the  Deed  to  be  duly  and  or- 
derly done,  it  being  once  down,  doubtlefs  they  defired  it  might  be  let 
down  for  an  Example  in  time  coming,  furely  no  lefs   than  L.  jQuintiusM 
fitting  in  Judgment,  did  commend  ServiUus  Alialus  for  having  killed  be- 
fore the  Bench,  Sp.  Melius  turning  his  Back,  and  refufing  to  compear  in- 
to Judgment,  and   that  he  was  not  guilty  of  Blood-fhed,  but  thought 
him  to  be  Nobilitate  by   the  Slaughter  of  a  Tyrant,  and   all  Pofterity 
did  affirm  the  lame.     VV  hat  Subject  hath  ever  approved  the  Slaughter  of 
one  affecting  Tyranny  I  What  4o  you  luppofe  would  he  have  done 
with  a.  Tyr.xnt  robbing    the  Goods  of  his   Subjects,  and  fhedding  their 
Blood  .;  What  hath  our  Men   done  ?  do  not  they  feem  to  have  made 
a  Law,  who  by  a  publick  Decree,  without  any  Punifhment,  have  pail 
by  a  flagitious  Crime  committed,  iffuch  like  (hall  happen  in  time  com- 
ing? for  at  m oft  there  is  no  difference,  whether  you  judge  concerning 
that  which  is  done,  or  make  a  Law  concerning  what  is  to  be  done.     For 
both  ways  a  Judgment  is  paft  concerning  the  Kind  of  the  Crime,  and 
concerning  the  Punifhment  or  Reward  of  the  Actor.     M.  Thele  things 
will  perhaps  have  fome  weight  amongft  us.     But  I  know  not  how  other 
Narions  abroad  will  take  them.     You  lee  I  muft  litisfie  them.     Not  as 
in  a  judicial  way  I  were  to  be  called  in  queftion  for  the  Crime,  but  open- 
ly amongft  all  concerning  the  Fame,  not  mine  (for  I  am  far  from  any 
Sufpition  thereof)  but  of  my  Country  men.     For  I  am  afraid,  left  for- 
raign  Nations  will  rather  blame  the  Decrees,  wherewith  you  fuppoie 
you  are  luhicienrly  protected,  than  the  Came  it  felf  full  of  Cruelty  and 
Hatred.     But  you  know,  if  I    mi  take  not,  what  is  ufually   fpoken  ac- 
cording to  the  Dupofuion  and  Opinion  of  every  one  on  both  hands,  con- 
cerning th 2  Examples   you  hive  proposed.     I  would  therefore  (becaufe 
you  feem  to  have  expeded  whit  is  paft,  not  lb  much  from  the  Decrees 
of  Men,  as  from  the  Springs  of  Nature,'  you  would  briefly  expound,  if 
you  have  ought   to  lay  for  ih?    Equity  of  that   Law.     B.  Albeit  that 

may 


The  due  Priviledge  of  the  Scorch  GavinmienU  57 

may  feem  unjuft  to  (land  at  the  Bar  to  plead  amongft  Foreigners  for  a 
Law  approved  from  the  very  firft  Times  of  our  Scots  Government  by 
Kings,  by  the  conilant  Practice  of  (b  many  Ages  ago.,  ncceffary  for  &£ 
People,  notupiufi:  for  Kings,  but  lawful,  but  now  at  la  ft  accufed  of  Il- 
legal icy  ;  yet  for  your  Sake  I  (hall  try  it.  And  as  if  I  were  debating 
with  thofe  very  Men  who  would  trouble  you  ,  I  firft  ask  tin.?. 
What  do  you  think  here  worthy  of  Reprchenfion  ?  Is  it  the  Cau-fl-  ? 
why  is  it  (ought  for  ?  or  is  it  the  Law  it  (eif  which  you  reprehended  ? 
for  the  Law  was  (ought  for  repremng  the  unjuft  Lulls  of  Kingr.  Who- 
ever doth  condemn  this,  mufl  likewife  condemn  all  the  Laws  of  all  Na- 
tions, for  all  Laws  were  delired  for  the  very  fame  Caufe.  Do  you  re- 
prehend the  Law  it  (elf?  do  you  think  it  lawful  that  Kings  be  exempted 
of,  or  not  liable  to  the  Laws  ?  let  us  then  fee  if  that  bs  alio  expedient. 
And  for  proving  that  it  is  not  expedient  for  the  People,  there  needs  not 
many  Words.  For  if  in  the  former  Difeourfe  we  have  rightly  com- 
pared a  King  to  aPhyfitian,  as  it  is  not  expedient  for  People  that  Impu- 
nity be  permitted  to  a  Phyfuian  for  killing  whom  he  plcafeth,  (6  it  is 
not  for  the  Good  of  all,  that  a  promifcuous  Licence  be  granted  to  Kingss 
for  making  Havock  of  all.  We  have  no  cauie  then  to  be  ofrended 
with  a  People,  whofe  chief  Power  it  is  in  making  Laws,  if,  as  they  de- 
fire  a  good  King  to  be  fet  over  them,  even  fo  a  Law  to  be  fet  over  a 
King  none  of  the  bed.  But  if  this  Law  be  not  for  the  Kings  life  or 
Profit,  let  us  (ee  if  the  People  mould  be  dealt  with  to  remit  lomewhat 
of  their  Priviledge,  and  of  abrogating  it  not  for  the  (pace  of  three  days, 
but  according  to  our  u(ual  way  we  indi£l  a  Parliament  to  meet  within 
forty  days.  In  the  mean  time,  that  we  may  rcafon  together  concerning 
the  Law,  tell  me,  doth  he  teem  to  rc(peci  the  Good  of  a  mad  Man, 
who  loofeth  his  Bonds  ?  M.  Not  at  all.  B.  What  do  you  think  of  him 
who  giveth  to  a  Man  fick  of  a  Fever,  fo  as  he  is  not  far  from  Madnefs, 
a  Drink  of  cold  Water,  though  earneftly  craving  it,  do  you  think  he 
deferveth  well  of  that  fick  Man?  M.  But  I  fpeak  of  Kings  of  a  (bund 
Mind.  I  deny  that  there  is  any  need  of  Medicine  for  fiich  as  are  in 
Healrii,  noj-  of  Laws  for  Kings  of  a  (bund  Mind.  But  you  would  have 
nil  Kings  to  (eem  wicked,  for  you  impofe  Laws  upon  all.  B.  I  do  not 
think  that  all  Kings  are  Wicked.  Nor  do  I  think  all  the  People  to  be 
wicked,  and  yet  the  Law  in  one  Voice  doth  (peak  to  the  whole  People. 
Now  wicked  Men  are  afraid  at  that  Voice,  good  People  do  not  trunk 
it  belongs  to  them.  Thus  good  Kings  have  no  caufe  to  be  oflended  at 
this  Lav/,  and  wicked  Kings,  if  they  were  wife,  would  render  Thanks 
to  the  Law-giver,  who  hath  ordained  what  he  underftood  would  not  be 

I  z  profita- 


5  8  The  due  Privlledge  of  the  Scotch  Government. 

profitable  for  them,  nor  to  be  lawful  for  them  to  do.  Which  indeed 
they  will  not  do,  if  fb  be  they  fhallonce  return  again  to  their  right  Mind. 
Even  as  they  who  are  reftored  to  Health  do  render  Thanks  to" their  Phy- 
htian,  whom  before  they  had  hated,  becaufe  he  would  not  grant  their 
Defires  whilft  they  were  fick.  But  if  Kings  continue  in  their  Madnefs, 
whoever  doth  moft  obey  them,  is  to  be  judged  their  greateft  Enemy. 
Of  this  fort  are  Flatterers,  who  by  flattering  their  Vices,  do  cherifli  and 
increafe  their  Difeafe,  and  at  lad,  together  almo.fl:  with  Kings,  are  ut- 
terly ruined.  M.  I  cannot  indeed  deny,  but  that  fuch  Princes  have 
b^en,  and  may  be  reftrained  by  Law-bonds.  For  there  is  no  Monfter 
more  violent  and  more  peftiferous  than  Man,  when  (as  it  is  in  the  Poers 
Fablesj  he  is  once  degenerated  into  a  Beaft.  B.  You  would  much 
mcrp  fay  fb,  if  you  confider  how  many  ways  a  Man  becomes  a  Beaft, 
and  of  how  many  feveral  Monfters  he  is  made.     Which  thing  the  old 

s  did  acutely  obferve  and  notably  exprefs,  when  they  fay  that  Prome- 
tketis,  in  the  framing  of  Man,  did  give  him  fome  Particle  out  of  every 
living  Creature.  It  would  be  an  infinite  Work  for  me  to  relate  the 
Natures  of  all  one  by  one.  But  certainly  two  moft  vile  Monfters  do  e- 
vidently  appear  in  Man,  Wrath  and  Luft.  But  what  elfe  do  Lawsacl: 
or  defire,  but  that  thefe  Monfters  be  obedient  to  right  Reafbn  ?  and 
whilft  they  do  not  obey  Reafbn,  may  not  Laws,  by  the  Bonds  of  their 
'Sanctions  reftrain  them  ?  whoever  then  doth  loofe  a  King,  or  any  o- 
ther  from  thefe  Bonds,  doth  not  loofe  one  Man,  but  throws  in  againft 
Reafbn  two  Monfters  exceeding  cruel,  and  armeth  them  for  breaking  a- 
fundef  the  Bars  of  Laws  .•  fo  that  Anftotle  feemeth  to  have  rightly  and 
truly  faid,  that  he  who  obeyeth  the  Law,  doth  obey  both  God  and  the 
Law  j  but  he  that  obeyeth  the  King,  doth  obey  both  a  Man  and  a 
Beaft.  M  Albeit  thefe  things  feem  to  be  faid  appofitely  enough,  yet  I 
think  we  are  in  a  Miftake  two  ways.  Firft,  becaufe  the  laft  things  we 
.  have  fpoken^  feem  not  to  agree  well  enough  with  the  firft.  Next,  be- 
caufe, as  we  may  well  know  we  feem  not  to  have  yet  come  to  the  main 
Point  of  our  Debate.  For  a  little  before  wc  were  at  agreement  that 
the  Voice  of  the  Kin?  and  Law  ought  to  be  the  fame,  here  again  we 
make  him  Subject  to  the  Laws.Now  though  we  grant  this  to  be  very  true, 
what  have  we  gained  by  this  Conclufion  ?  for  who  mall  call  to  an  ac. 
count  a  King  become  a  Tyrant?  fori,  fear  a  Piiviledge  without 
Strength  will  not  be  powerful  enough  to  reftrain  a  King  forgetful  of  his 
Duty,  and  unwilling  to  be  drawn  unto  Judgment,  to  anfwer  for  Male- 
adminiftration.     B.  I  fear  ye  have  not  well  pondered  what  we  have  be- 

debated,  concerning  the  Royal  Power.     For  if  ye  had  well  confi- 

dered 


the  due  Priviledge  of  the  Scotch  Goverrment.  59 

dered  ir,  you  had  eafily  underftood  whatycu  nov/have  faid,  that  betwixt 
them  there  is  no  Contradiction.  But  that  you  may  the  more  eafily  take 
it  up,  firir.  anfwer  we,  when  a  Magiftrate  or  Clerk  doth  utter  the 
Words  ot  a  Proclamation  before  an  Heranid.  Is  not  the  Voice  of  both 
one  and  the  fame  ?  I  fay  of  an  Herauld,  and  of  a  Clerk.  M  It  is  the 
fame  indeed.  B.  Which  of  the  two  feems  greater!:  ?  M.  He  who  hrft  doth 
utter  the  Words.  What  is  the  King,  who  is  the  Author  of  the  Edict  ? 
M.  Greater  than  both.  B.  Then  according  to  this  Similitude  let  us 
fet  down  the  King,  the  Law,  and  the  People.  The  Voice  is  the  fame 
both  of  King  and  Law.  Which  of  the  two  hath  the  Authority  from 
the  other,  the  King  from  the  Law,  or  the  Law  from  the  King  ?  MThe 
King;  from  the  Law.  B.  From  whence  collect  you  that  ?  M.  Becaufe 
the  King  was  not  fought  for  to  reftram  the  Law,  but  the  Law  to  re- 
ftrain  the  King.  And  from  the  Law  he  hath  that,  whereby  he  is  a 
King,  for  without  the  Law  he  would  be  a  Tyrant.  B.  The  Law  then 
is  more  powerful  than  the  King,  and  is  as  a  Govemefs  and  Moderatrix 
both  of  his  Luif.  and  Actions.  M.  That  is  already  granted.  B.  What, 
Is  not  the  Voice  of  the  People  and  the  Law  the  fame  ?  Atf.  The  very 
fame.  B.  Which  of  the  two  is  moft  powerful,  the  People  or  the  Law  ? 
Atf.  I  think,  the  whole  People.  B.  Why  do  you  think  fo  ?  Atf.  Becaufe 
the  People  is  as  it  were  the  Parent  of  the  Law,certainly  the  Author  there- 
of3  they  being  able  to  make  or  abrogate  it  as  they  pleafc.  B.  Seeing  then 
the  Law  is  more  powerful  than  the  King,  and  the  People  more  power- 
ful than  the  Law,  we  muft  fee  before  which  we  may  call  the  King  to 
anfwer  in  Judgment.  Let  us  alfo  difcufs  this.  Are  not  the  things  which 
for  fbme  others  Sake  are  inftituted,  of  lefs  account  than  thofe  for  whofe 
fake  they  are  required  or  fought  ?  Atf.  I  would  have  that  more  clearly 
explained.  B.  Follow  me  thus,  is  not  a  Bridle  made  for  the  Horfe 
Sake  ?  Atf.  It  is  fb.  B.  Are  not  Saddles,  Girdings  and  Spurs  made  for 
Horfes  ?  Atf.  They  are.  B.  Now  if  there  were  no  Horfe,  there  mould 
be  no  ufe  of  fuch  things.  Atf.  None  at  all.  B„  A  Horfe  is  then  better 
than  all  thefe.  Af.  Why  not  ?  B,  Why  a  Horfe  ?  for  what  ufe  is  he 
dehred  ?  Atf.  For  very  many  Ufes,  and  firft  of  all,  for  obtaining  Victory  in 
War.  B.  We  therefore  do  efteem  the  Victory  to  be  of  more  worth 
than  Horfes,  Arms,  and  other  things,  which  are  prepared  for  the  life 
of  War.  M.  Of  more  worth  indeed  it  is.  B.  'What  did  men  efpecial- 
ly  regard  in  creating  a  King?  M.  The  Peoples  Good,  as  I  fuppofe. 
B.  But  would  there  be  no  need  of  Kings,  if  there  were  no  Societies  of 
Men  ?  M.  None  at  all,  B.  The  People  then  is  better  than  the  King. 
Atf,  It  muft  needs  be  fb.     B.  If  the  People  be  b«ter,  they  are  alfo 

greater^ 


°  -  The  due  Priviled?  of  the  Scotch  Gov^zmrnt. 

'greater.     M.  But  when   fiiali    we  hope   for  that    Happinefs,  that  the 
whole  People  agree  unto  that  which  is  Right.     B.  That  indeed  is  fcarce 
roue  hoped   for.     And  to  expect  it,  is  certainly  necdlefs:  orherwife  a 
hafa  could  neither  be  made,  nor  a  Magiftrate  Created.     For  neither  is 
tumor!  any  Law  alike  to  all,  nor  is  there  almof;  any  Man  in  that  Popu- 
lar ravour,  fo  as  to  have  no  Man  either  an  Enemy  to  him,  or  Envious  or 
.bianderer  of  him  ;  this  now  is  defired,  that  the  Law  be  ufeful  for  the 
gi  eateit  part,  and  that  the  greater!  part  have  a  good  opinion  of  him  that 
8  to  be  chofen.     What  ii  the  greater!  part  of  the  People  may  enjoyn  a 
Law  to  be  made,  and  Create  a  Magiftrate,  what  doth  hinder,  but 'that 
W&y  alio  may  judge  him,  and  appoint  judges  over  him  ?  Or  if  the  Tn- 
Wj  of  the  People  ofi^wi?,  and  the  Lazedemmnm  Epbcriwcrz  ibught  to 
modihe  the  Power  of  Magifiracy,  fhould  it  feem  unjui!  to  any 'Man, 
it  a  Free- People,  cither  upon  the  like  or  different  account,  did  forefee 
<heir   own    good  in  fupprcfiing  the  bitternefs  of  Tyranny  ?   M.  Now 
l^ieem  almof  t  to  perceive     what   a  People  can  do:   But  it   is  a  matter 
01  difficulty  to  judge  what  they  will  do,  or  appoint  to  be  done.     For 
the  greater!:  part  almoftdoth  require  Old  and  ufual  Cuftomcs,    and  hateth 
J\ovelty,  which  the  rather  is  to  be  admired,  feeing  there  is  fo  great  an 
incenftancy  in  Meat,Apparel,  Buildings,  and  in  all  Houfhold  Furniture.  B. 
Do  not  think  that  thefe  things  arefpoken  by  me,  that  I  would  have  any 
r>cw  thing  in  this  kind  to  be  done,  but  that  I  might  fne\y  you  it  hath 
keen  of  Old,  that  a  King  Pnouldanfwcr  in  judgment  before  Judges,  which 
you  did  believe  to  be  almoir.  Incredible,  or  atleaft  a  Novelty.    For  to  pafs 
over,  how  often  k  hath  been  done  by  our  Anceft ors,  as  partly  before  we 
have  faid,  and  you  may  alfb  eafily  Collec!  fromHirtory  ;  did  you  never 
near  of  thofe  who  contended  for  the  Kingdom  to  have   appealed  to  Ar- 
biters P  M.  I  have  indeed  heard  it  to  have  been  fometimes  done  amongft 
the  Pcrfians.  B.  And  our  Writers   affirm   that  the   lame   was  done  by 
Grimoi  and  Mikohnnbus.     But  leaf!,  you  alledg  that  that  kind  of  Arbiters 
were  wont  to  be  afTumed  by  the  Contenders  own  confent,  let  us  come 
to  the  ordinary  Judges.     M  Here  I  am  afraid  you  may  as  far  prevail, 
as  if  a  Man  mould  l'pread  Nets  in  the  Sea  to  catch  Wholes.   B.  Why  fb, 
I  pray  you. '    M.  Becaufe  all  apprehending,  rettraint  and  punifhment  is 
carried  en  by  the  more  powerful  againf!  the  weaker.      But  before    what 
judges  will  you  command  a  King  to  compear  ?  Before  them  over  whom 
he  hath  the  Supream  Power  to  judge  ?  Whom  he  can  compefee  by  this 
one  word,   I  Forbid?    B.  What  if  Tome  greater  Power  be  found  which 
hath  that  right  privilcdge  01  jurifdkfHon  over  Kings,  which  Kings  have 
over  others .;  M  I  dclire    to  hear  that.     B.  Wc  told  you,  if  you   re- 
member, 


The  due  Privikdge  of  the  Scotch  Government.  6\ 

member,  that  this  Power  is  in  the  People.  M.  In  the  whole  People 
indeed,  or  in  the  greatcft  part  thereof,  lalfo  yield  thus  further,  that  ft 
is  in  thofe  tJ  whom  rhe  People,  or  the  greateft  part  of  them  ("hail  trans- 
mit that  Power.  B.  You  do  well,  in  holding  in  my  pains.  M  But  you 
know  that  the  greateft  part  of  the  People  is  corrupted  either  through  tear, 
or  reward,  or  through  fbme  hope  of  a  Bribe  and  Impuniry,  Co  as  rhe/ 
prefer  their  own  benefit  and  pleasures  or  lulls  to  the  publick  utility,  and 
alio  fafety.  Now  there  are  very  few  who  are  not  hereby  moved  :  ac- 
cording to  that  of  the  Poet.  Good  People  are  indeed  Rare,  fcarce  fo 
many  in  number,  as  there  be  Gates  in  Thebes,  or  IfTues  of  the  I{iv:r  K:':u. 
Now  all  the  reft  being  a  naughty  Rabble  famed  with  Blood  and  rapine 
enjoy  their  Venal  liberty,  and  Envy  the  liberty  of  others.  Now  that  I 
may  pais  from  thofe  with  whom  the  name  of  wicked  Kings  a'fb  is  (Tiered. 
I  alio  Omit  thofe,  who,  albeit  they  are  not  ignorant  what  is  lawrul  and 
juft  or  right  ,  yet  prefer  a  o^uiet  floathfulnefs  to  honeft  hazards ,  and 
heiitating  in  their  minds  do  frame  their  consultation  on  the  expectation  of 
the  Event :  or  follow  the  good  Fortune  of  either  party,  but  not  the 
caufe.  How  great  this  multitude  will  be,  you  fee.  B.  Great  indeed  : 
but  yet  not  very  great.  For  the  wrong  of  Tyrants  may  reach  many, 
but  their  good  Deeds  very  few.  For  the  Avarice  of  the  vulgar  is  infa- 
tiable,  as  a  tire  is  the  more  vehemently  kindled  by  adding  Fuel  thereto  ? 
But  what  is  by  force  taken  away  from  many,  doth  rather  increafe  the 
Hunger  of  fbme  few,  then  Satiate  their  Lull.  And  further  the  fidelity 
of  fiich  Men  for  the  moft  part  is  unftable  .-  As  faith  the  Poet.  Fidelity 
doth  ftand  and  fall  with  Fortune.  But  if  they  would  alio  continue  firm 
in  their  judgment,  they  mould  not  be  accounted  in  the  number  ot  good 
Subjects,  for  they  are  the  Violators,  or  rather  Betrayers  of  humane  So- 
ciety j  which  Vice  if  not  fufterable  in  a  King,  is  far  leis  tolerable  in  a 
private  Perfbn.  Who  then  are  to  be  accounted  the  right  Subjects  ? 
•They  who  give  Obedience  to  the  La*s,  maintain  and  defend  humane 
Society,  who  rather  undergo  all  pains  and  Labours,  and  all  Hazards 
for  common  Safety,  then  l'pend  their  time  Siuggifhly  in  Idlenefs  void  of 
all  Honefty;  who  fet  before  their  Eyes,  not  their  prefent  enjoyments, 
but  the  remembrance  of  Eternity.  But  if  there  be  any  whom  fear  and 
felf  intereft  recal  from  Hazards,  yet  the  fplendor  of  fbme  notable  At- 
chievment,  and  the  Beauty  of  Vertue  will  raife  up  dejected  minds ;  and  . 
thofe  who  dare  not  be  i\uthors  or  Leaders,  will  not  decline  to  become 
AiTociates.  If  therefore  Subjects  be  reckoned,  not  by  number,  but  by 
dignity  and  worth,  not  only  the  better  part,  but  aifb  the  greater  part 
w2l  Hand  for  their,  liberty,  bonefty  and  fafety,  But  if  the  whole  com- 
mon. 


6i  The  due  PriviUdge  of  the  Scptch  Government. 

mon  People  diffent,  this  fays  nothing  to  our  prefent  debate:  For  we  de- 
mand not  what  is  to  be  done,  but  what  may  lawfully   be    done.     But 
now  let  us  come  to  the  ordinary  judicial  Sentences.     M  That  I  juffc  now 
look  for.     B.   If  any  private  Man  contend  that  his  inheritance,  or  fome 
part  of  his  Land  is  unjuftly  ddtained  by  the   King,  what  do  you   think 
fhould  this  private  Man  do  ?  Shall  he  pals  from  his  Land,  becaufe  he  can- 
not let  a  Judge  over  the  King  ?  M.  Not  at  all,  but  he  may  command 
not    the  King,  but  his  proxy  to  compear  in  judgment.     B.  Now  fee 
what  ftrength  that  refuge  hath  whereof  you  make  ufe.     For  it  is  all  one 
to  me,  whether  the  King  compear,  or  his  Proxy,  or  Advocate,  for  both 
Ways,  the  Litif-conteftation  will  redound  to  the  Kings  lofs :  The  damage 
or  gain  will  redound  to  him  not  to  his  Advocate  by  the  Event  of  the  Sen- 
tence.  In  the  end  he  is  found  Guilty,  that  is,  he  whole   caufe  is  agitated. 
Now  I  would  have  you  confider  not  only  how  abfurd  it  is,  but  alio  un- 
juft  to  pals  Sentence  againft  a  King  for  a  petty  inheritance  for  Lights  in 
a  Houle,  or  for  eafe  droppings  thereof,  and  no  Sentence  to  be  pall:  for 
Paricide,  Witch-craft  or  Treafbn.     To  make  ufe  of  the  feverity  of  the 
Law  in  lelTer  matters,  and  the  greateft  Licenle  and  Impunity  to  be  per- 
mitted in  the   greateft  Crimes.     So  that  that  Old  Proverb  feems  plainly 
true,  Laws  are  very  like  Spiders   Webs,  which  hold  flies  faft,  but  let 
bigger  Beads  pall  through.     Nor  is  that  complaint   and  indignation  of 
feme  juft,  who  lay  that  it  is  neither  Honeft  nor  Equitable,  that  judgment 
mould   pals  againft  a  King,  by   a  Man  of  an  inferiour   Rank,  feeing 
they  fee  it'  received  and  admitted  in  debate  about  Mony  or  Land  •  and 
the  greateft  Peers  next  to  the  King  for  the  moft  part  compear  before  the 
Judges,  who  are  inferior  to  them    in  riches,  nobility,  and  valour.     And 
not  much  above  the  Vulgar  Rank  :  and  far  more  below  the  guilty,  than 
the  greateft  Peers  are  below  Kings.     Nor  yet  for  all  this  do  thele  Noble- 
Men  or  Peers  think  it  any  Derogation  to  their  Dignity.     Now  if  we  fhall 
once  admit  this,  that  no  Man  can  be  lifted  before  a  Judge,  unlefs  the  Judge 
be  every   way  Superiour  to  the  Perfbn  Arraigned,  the  Inferiour  Rank 
muft  attend  and  wait  on  until  the  King  either  pleafe,  or  be  at  leilure, 
tocognolce  concerning  the  guilty  Noble-Man,  but  what  if  their  complaint 
be  not  only  unjuft,  but  alfofalfe?  For  no  Man  coming  before  a  Judge 
doth  come  before  an  Inferior  Perlon,  elpecially  feeing  fb  great  an  Ho- 
nour   is  by  God  himlelf  conferred  upon  the  Order  of  Judges,  that  he 
calleth  them  not  only  Kings  but  alio  Gods,  and  as  much  as  can  be,  doth 
Communicate  to  them  his  own  Dignity.     Therefore  thole  Roman  Popes^ 
who  did  graciouily  Indulge  Kings  to  Kifs  their  Feet,  who  did  fend  lor 
Honours  lake  to  fuch  as  came  to  meet  them,  their  Mults  who  did  Tread 

upon 


'ibi  due  P/iviygeofthc  Scotch  Oover-nmeM.  6l 

upon  the  Necks  of  Empcroursy  being  called  to   anfwer  in  judgment,  did 
obey,  and  being  compelled  by  Judges,  renounced  their  Popedom.     John 
the  Twenty  Second  being  from  flight  brought  back,  was  thrufr.    into 
Prifon  ,  and  fcarce    at   laff.    relieved  by  Mony,  and  fubmitred  to  him 
that  was  put  into  his  place,  and  therefore  he  did  approve  the  Sentence  of 
the  Judges.     What  did  the  Smode  of  BafilJ    Did  it  not  appoint  and  or- 
dain by  the  common  confent  ot  all  the  Members  thereof,  that  the  Pope. 
is  fubjc£t  to  the  Council  of  Priefh.     Now  theft  Fathers  were  perfwaded 
upon  what  account  they  did  fb,  which  you  may  find  out  of  the  Acls  of 
thefe  Councils.     Kings  then  who  contefsthe  Majelly  of  Pop:s  to  befo  far 
above  them,  as  that  it  doth  over-fhadow  them  all  with  the  Top  of  its 
Celfitude,  I  know  not  how  they  think  therein  their  Dignity  to  be  dimi- 
nifhed,  wherein  the  Pope  did  not  think  he  was  dilparaged  to  defcendfrom 
fb  High  a  Throne,  namely,  to  frand  to  the  Judgment  and  Sentence  of 
the  Cardinals :  Hereby  you  may  fee  how  falfe  their  complaint  is,  who 
difdain  to  be  Arraigned  at  the  Bar  of  an  Inferior  Judge,  for  it  is  nor. 
Titius  Sempronius,  or  Stichus  that  doth  in  a  judiciary  way  Condemn  and 
Aflbil,  but  the   Law,  to    which  Kings  fliDuld  yield  Obedience.     The 
mod  famous  Emperours  Tbcodofms  and  Valehimianus  accounted  honourable. 
I  fhall  here  let  down  their  own  words,  becaufe  they  deferve  the  Memo- 
ry of  all  Ages.     Is  is  f  fay  they)  a  word  well  befeeming  the  Majefty  of  a 
King  to  confefs  he  is  a  Prince  tied  to  the  Laws.     And  we  declare  that  it 
is  more  to  fubmit  a  principality  to  the  Laws  than  to  enjoy  an  Empire. 
And  what  we  now  declare  by  this  our  Edict,  we  will  not  fuffer  to  be  in- 
fringed.    Thefe  things  the  very  bed  Princes  judged  right  and  by  Law 
Edablifhed,  and  fbme  of  the  word  lee  the  fame.     For  Nero  being  Ap- 
parelled in  a  drefi  of  Harpers,  is  laid  to   have  not  only  obferved  their 
Carriage  and  Motions,  but  alfo  when  it  came  to  be  judged  who   had 
done  bed,  that  he  flood  Solicitous  betwixt  Hope  and  Fear  for  the  Vi&o-- 
ry.     For  albeit  he  knew  he  would  be  declared  Victor,  yet  he   thought  > 
the  Victory  would  be  the  more  Honed,  if  he  fhould  obtain  it,  not  by  the 
Flattery  of  the  Judges,  but  by  due  debate :  And  he  thought  the  Obferva- 
tion  'of  the  Law  did  Contribute  not  for  the  Dirrmuition  of  his  Authority, 
but  for  the  fplendor  of  the  Victory.     M.  Your  difcourfe,  I  perceive,  is 
not  To  Infble'nr,  as  at  firff.  I  took  it,  when  you  faid,  you  would  have  Kings  ( 
Obedient  ro  the  Laws  :  For  it  is  not  fb  much  founded  upon  the  Aurho-  ' 
rlty  of  Pbylofipbers,  as  of  KJngs,  Emperours  and  Councils  of  the  Church. 
?v"l  But  I  do  not  well  underftand  that  you  fay,  it  is  not  Man  but  the  Law 
that  Judgeth.  Z?.  Call  to  mind  what  was  faid  a  little  before  :  Did  we  not 
fay,  that  the  Voice  of  the  King  and  of  the  Law  is  the  lame  ?  M  We 

K  dli 


£4  The  du°.  Privikdge  of  the  Scotch  Government. 

did  fb.     B.  What  the  Voice  of  the  Clerk,  and  Herauld   is,  when    the 
Law  is  publifhed?  M.  The  very  fame.  B.  But  which  of  the  two  hath  the 
Authority  from  the  other,  whether  the  Judge  from  the  Law,  or  the  Law 
from  the  Judge  ?  M.  The  Judge  from  the  Law.  B   The  ftrength  of  the 
Sentence  is  then  from  the  Law,  and  the  pronounciation  of  the  words  of 
the  Law  alone  is  the  Judges.  M.  It  feems  lo.  B.  Yea,  there   is  nothing 
more  certain,  for  the  Sentences  of  Judges  pronounced  according    to  the 
Law  are  ratified,  elfe  they  are  reicinded.  M  There  is  nothing  more  true, 
than  that.  B.  You  fee  then  that  the  Judges  Authority  is  from  the  Law, 
and  not  the  Laws  Authority  from  the  Judge.    M.  I  fee  it  is  fo.    B.  The 
low  and  mean  condition  of  him  that  Proc'aimeth  the  Law  doth  not  dimi- 
nifh  the  Dignity  thereof,  but  the  Dignity  of  the  Laws  is  dill  the  fame, 
whether  the  King,  a  Judge,  or  an  Herauld  Proclaim  it.  M.  It  is  Co  indeed. 
B.  The  Law  then  being  once  Elhiblifhed,  is  firft  the  Voice  of  the  King, 
and  then  of  others.     M.  It  is  fo.  B.  Whilfl;  then  the  King  is  condemned 
by  a  Judge,  he  feems  to  be  condemned  by  the  Law.     M  That  is  very 
clear.     B.  If  by  the  Law,  then  he  is  condemned  by  his  own  Voice,  as 
feems,  no  le(s  than,  if  it  were  written   with  his  own  hand.    B.  Why 
then  do  we  fb  much  weary  our  felves  concerning  a  Judge,  feeing  we  have 
the  Kings  own  Confeffion,  that  is  to  fay,  the  Law  ?    Let  us  alfo  confider 
this,  which  is  but  prefently  come  into  my  mind.     When  a  King  in  what 
Caufe  foever   doth  fit  in  judgment  as  a  Judge,  fhould  he  not  lay  a  fide 
the  perfon   of  all   others,  and  to  have  no  refpecT:  to  Brother,  Kifman, 
Friend  or  Foe,  but  retain  only  the  perfon  of  a  Judge.     M.  He  ought  fo 
to  do.  B.  Ought  he  not  to  remember  that  Perfon  only,  whofe  proper  Act 
it  is  he  is  about.  M.  I  would   have  you  tell   me  that  more   clearly.  B. 
Take  heed  then  ••  when  any  Man  doth  fecretly  take  away  another  Mans 
Goods,,  what  do  we  fay  he  hath  done?  M.  I  think,  he  hath  flollen  them. 
B.  How  do  you  call  him  for  ihis  deed  ?  AX.  A  Thief.  B.  How  do  you 
fay  he  hath  done,  who  makes  ufe  of  his  Neighbours  Wife,  as  his  own  ? 
M.  We  fay  he  hath   committed    Adultery.     B.  How  do  we  call  him  ? 
M,  An  Adulterer.  B.  How  do  we  call  him  that  judgeth  ?  M.  A  Jud'ge.  B. 
To  others  alfo  after  this  manner  from  the  Actions  they  are  about,  names 
may  be  rightly  given.  M  They  may.  fr  When  a  King  then   k  to  pafs 
a  Sentence,  he  is  to  lay  afide  all  other  Perfons.     M.  Indeed  he  fhould, 
efpecially    thofe  that   may    prejudge  either  of   the  Parties   in  Judging. 
B.  How  do  you  call  him  againfl:  whom  the  Sentence  is  pail,  from  that  A£t. 
of  judgment?  M.  We  may  call  him  Guilty.  B.  And  is.  ic  not  equitable 
that,  a  Judge  lay  afide  fuch  perfons  as  may  prejudge  the  Sentence  ?     M. 
Certainly  he  fhould,  if  fb  be,  fuch  perfbre  be   more  regarded  than   the 

caufe 


The  due  Privileetge  of  the  Scotch  Government.  6$ 

caufe  :  Yet  fuch  perfons  pertain  not  to  a  Judge.     Seeing  God  will  have 
norefpe&to  be  had  to  the  poor  in  judgment.  B.  If  then  any  Mart,  who 
is  a  Painter  and  a  Grammarian  debate  before  a  Judge  concerning  the  Art , 
of  Painting  againft  a  Painter,  he  is  not  a  Grammarian,  for  the  Science 
of  Grammar  mould  not  herein  avail  him.  M.  Nothing  at  all.  B.  Nor" 
the  Art  of  Painting  avail  the  other,  if  the  debate  be  concerning  Grammar. 
M.  Not  a  whit  more.  B.   A  Judge  then  in  judgment  mud  acknowledge 
but  one  name,  to  wit,  of  the  Oime,  or  guilt,  whereof  the  Adverfary 
or  PlantirT  doth  accufe  his  Party  or  Defendant  to  be  guilty.  M  No  more. 
B.  What  if  a  King  be  guilty  of  Parricide,  hath  he  the  name  of  a  King, 
and  whatever  doth  belong  to  a  Judge  ?  M.  Nothing  at  all,  but  only  of  a 
Parricide,  for  he  cometh  not  into  Controverlie  concerning  his  Kingdom, 
but  concerning  his  Parricide.     B.  What  if  two  Parricides  be  called    to 
anfwer  in  judgment,  the  one  a  King,  and  the  other  a  Poor  Fellow,  (ball 
not  there  be  alike  way  of  procedure  by  the  Judge  of  both  ?  M.  The  very 
fame  with  both,  fo  that  I  think  that  of  Lucan  is  nolefs  true  than  Elegant- 
ly fpoken.     vi$.  Cafar  was  both  my  Leader  and  Fellow  in  parting  over 
the  fyine.  Whom  a  Mali hce  doth  make  guilty,  it  maketh  alike.  B.  True 
indeed.     The  procefs  then  is  not  here  carried  on  againft  a  King  and  a 
Poor  Man,  but  againft  their  Parricides :  For  then  the  procefs  mould  be 
led  on   concerning  the  King,  if  h  fhould  be  asked  which  of  the  two 
ought  to  be  King  ;  Or  if   it  come  into  queftion,  whether  Hiero  be  King 
or  zTyrant,  or  if  arty  other  thing  come  into  queftion  which  doth  properly 
belong  to  the  Kings  Function.     Even  as  if  the  Sentence  be  concerning 
a  Painter,  when   it  is  demanded,  hath  he   skill  in  the  Art  of  Painting. 
M.  What  if  a  King  will  not  willingly  compear,  nor  by  force  can  be  com" 
pelled  to  compear.  B.  Then  the  cafe  is  common  with  him  as  withal!  other 
Flagitious  perform.     For  no  Thief  or  Warlike  will   willingly  compear 
before  a  Judge  to  be  judged.     Bur  1  fuppofe,  you  know,  what  the  Law 
doth  permit,  namely  to  kill    any  way  a  Thief  Stealing  by  Night,  and 
alio  to  kill  him  if  he  defend  himfelf  when  Stealing  by  day.     But  if  he 
cannot   be  drawn  to   Compear  to    anfwer   but  by  Force,  you  remem- 
ber what  is  ufually   done.     For  we    perfue  by  Force   and  Arms  fuch 
Robbers  as  are    more  powerful  than  that  by  Law  they  can  be  reached. 
Nor   is  there  almoit  any  other  caufe  of  all  the  Wars  betwixt  Nations, 
People  and  Kings  than  thofe  injuries,  which,  whilft  they  cannot  be  deter- 
mined by  Juftice,  are  by    Arms  decided.     M.  Againft  Enemies  indeed 
for  thefe  Caufes  Wars  ufe  to  be  carried  on,  but  the  cafe  is  far  otherwife 
with  Kings,  to  whom  by  a  moflfacredOath  interpofed  we  are  bound  to 
give  Obedience.  £.  Wre  are  indeed  bound  .-  But  they  do  firftprOfnife  that 
they  (hall  Rule  m  Equity-  and  Juftice.  M  It  kfb.  Bv  There  is  then  "a  ;mti- 

K  z  tual 


6'6  Tie  cliti  F'nvihdge  of  the-  Scotch  Government. 

tual  paction  betwixt  the  King  and  bis    Subjects.  M  It  ieems  Co.  B.  doth 
not  he  who  fir ft  recedes   from  what  is    covenanted,  and  doth  contrary 
to  what  he  hath  covenanted  to  do,break  the  Contract  and  Covenant? 
M  He  doth    B.The  Bond  then  being  loofed,which  did  hold  fart:  the  King- 
with  the  People,  whatever  privilcdg  or  right  did  belong  to  him,by  that  a- 
greement  and  covenant  who  looleth  the  fame,  I  iuppofe  is  loft.     M.  It  is 
loft.     B.  He  then  with  whom  the  Covenant  was  made  becometh  as  free  as 
ever  it  was  before  the  ftipulation.     M   He  doth  clearly  enjoy  the  fame 
priviledge,and  the  lame  liberty.  B.  Now  if  a  King  do  thofe  things  which 
are  directly  for  the  a  ablution  of  Society,  for  the  continuance  whereof  he 
was  created,  how  do  we  call  .him  ?  M,  A  Tyrant,  I  fuppofe.     B.  now  a 
'Tyrant  hath  not  only   no  jult  authority  over  a  People,  but  is  alfo  their 
Enemy,  Al  He  is  indeed   an  Enemy.     B.  Is  there  not  a  juft  and  lawful 
War  with  an  Enemy  for  grievous  and  intolerable  injuries  ?  M  It  is  for- 
foothajuft  War.  B.  what  War  is  that  which  is  carried  on  with  him  who 
is  the  Enemy  of  all  Mankind,  that  is,  -a  Tyrant  ?  M.  A  moftjuft  War. 
B.  Now  a  lawful  War  being  once  under  taken  with  an  Enemy,  and  for 
ajuft  caufe,  it  is  lawful  not  only  for  the  whole  People  to  kill  that  Enemy, 
but  for  every  one  of  them .  M.  I  confefs  that.  B.  May  not  every  one  out 
of  the  whole  multitude  of  Mankind  ailault  with  all  theCalamities  of  War, 
a  Tyrant  who  is  a  publick  Enemy,  with  whom  all  good  Men  have  a  per- 
petual warfare.     M.  I  perceive  all  Nations   alrooft  to  have  been  of  that 
Opinion.  ForTbebe  is  ufually  commended  for  killing  her  Husband,  Timo- 
lean  For  killing  his  Brother,    and  CaJJtiu  for  killing  his  Son.-  and  Fuhius 
for  killing  his  own  Son  going  to  Catiline,    and  Brutus  for  killing  his  own 
Sons  and  Kindnen  ;  having  understood  they  had  confpired  to  introduce 
Tyranny  again  :  and  publjck  rewards  were n  appointed  to  be  given,  and 
honours  appointed  by  feveral  Cities  of.  Greece'  to  thofe  that  fhould  kill  Ty- 
rants. Sothat  (as  is  before  laid  J.  they  thought  there  was  no  Bond  of  hu- 
manity to  be  kept  with  Tyrants.  But  why  do  I  collect  the' aflent  of  fbme 
iingle  Perfbns,  fince  I  can  produce  the  telHmony    almoft   of  the  whole 
_  World.  .  For  who  dofh  not  iharply  rebuke  Domitms  Corbuh   for  neg- 
lecting  the  fafety   of  Mankind  ,    who   did    not    thruft    Nero  out    ot 
bis  Empire,  when  he  might   very  eafily  have  done  it  ?  And    not  orrly 
was  he    by    the   fymsins  reprehended,  but  by  Tyridates  the  Perfian  King, 
being -■  not   afraid,  left    at    all  it  ihould   afterward   befal   an   Exam- 
pie   unto  hmitlf     But  the  Minds  ot  moll  wicked  Men   enraged   with 
cruelty.,  are  not  Co  void    of  this  publick    hatred  againft  Tyrants,    but 
that  fame  times  it    breaketh  out  in  them  againft  their  will,  and  forceth 
them  to  ftand  amazed  with  terrour  at  the  light  of  fuch  a  juft  and  law- 
ful deed.     When  the  Minifters  of  Cajus  QtlignU  a^  riaoft  cruel  Tyrant 

were 


The  due  Pnvikoge  of  thi  Scotch  Government-  67 

were  with  the  like  cruelty  tumultuating ,  for  the  daughter  of  thc/r 
Lord  and  Matter ,  and  required  thofe  that  had  killed  him  to  bq 
punilncd,ncvv  and  then  crying  aloud,  who  had  killed  the  Emperour.- 
Valerii'.s  Afuticus  one  of  the  Senators  ftandihg  in  an  eminent  h'gh 
place  from  whence  he  might  be  heard,  cryed  out  aloud  :  I  wifh  I 
hid  killed  him.  At  which  word  theft  tumultuary  Perfons  void  of  all  hu- 
manity Hood  as  it  were  aftonifhed,  and  (o  forbore  any  more  to  cry  out: 
tumultuoufly.  For  there  is  fo  great  force  in  an  honeft  deed,  that  the 
very  lightelr.  (hew  thereof,  being  presented  to  the  Minds  of  Men,  the 
moft  violent  affiults-  are  allayed,  and  fierce  fury  doth  languffh,  and  mad- 
nefs  nill  it  will  it  doth  acknowledge  the  foveraignty  of  reafen.  Neither  ars 
they  of  another  judgment,  who  wiih  their  loud  crys  mix  Heaven  and 
Earth  together.  Now  this  we  do  eafily  understand  either  from  hence, 
that  they  do  reprehend  what  now  is  done,  but  do  commend  and  approve 
the  fame  feemingly  more  atrocious,  when  they  are  recorded  in  an  old 
Hillory  .•  and  thereby  do  evidently  demonflrate  that  they  are 
more  ubfequicus  to  their  own  particular  affections ,  than  moved 
by  any  publick  dammagc.  But  why  do  we  feck  a  more  certain  wit- 
nefs  what  Tyrants  do  defeive  ,  than  their  own  Confcience  ?  thence 
is  that  perpetual  fear  from  all,  and  chiefly  from  good  Men  ;  and 
they  do  constantly  fee  hanging  above  their  own  Necks,  the  Sword  which 
they  hold  ftill  drawn  againfl  others,  and  by  their  own  hatred  againft  c» 
thers  the  meafure  other  Mens  Minds  againf!  them.  But  contrariwiie 
good  Men,  by  fearing  no  Man  do  often  procure  their  awn  hazard,  whilll 
they  weigh  the  goodwill  of  others  towards  them,  not  from  the  vicious 
nature  of  Men,  but  from  their  own  defer t  towards  others.  B.  You  do 
then  judge  that  to  be  true,  that  Tyrants  are  to  be  reckoned  in  the  num- 
ber of  the  moll:  ciuel  Brute  Beads;  and  that  Ty  ranical  violence  is  more 
unatural  than  Poverty,  Sicknefs,  Death,  and  other  miferies  which  may 
befall  Men  naturally.  M.  Indeed  when  I  do  ponder  the  weight  of  your 
reafons,  I  cannot  deny,  but  thefe  things  are  true.  But  whilfl:  ha- 
zards and  inconveniences  do  occur,  which  follow  on  the  back  of  this 
opinion,,  my  mind  as  it  ware  tyed  up  with  a  Bridle,  doth  inllantly  I 
know  not  how,  fail  me,  and  bsndeth  from  that  too  Stoical  and  fevere 
right  way  towards  utility,  and  almoit  falkth  away.  For  if  it  mail  be 
lawrul  for  any  Man  to  kill  a  Tyrant,  fee  how  great  a  gap  you  do  open 
for  wicked  Men,  to  commit  any  mifchief,  and  how  great  hazard  you 
create  t?  good  Men  :  to  wicked  Men  you  permit  licentioufhefs,  and  lers 
out  upon  all  the  perturbation  of  all  things.  For  he  that  mail  kili  a  good 
King,  or  at  leaft  none  of  the  worft,  may  he  not  pretend  bv  his  wick- 
ed 


6b  The  dutPnviledgof  ibeSccich  Govcrnmnt. 

cd  deed  fomc/bew  of  honefl:  and  lawful  duty?  or  if  any  good  Subject 
fliall  in  vain  attempt  to  kill  a  Prince   worthy  of  all  punifhmenr,  or  ac- 
compnfh    what  he  intended  to  do,  how  great  a  confuficn  of  all  things 
do   you  fuppofe  muft  needs  follow  thereupon  ?  Whiift  the  wicked  do 
tumultuate,  raging  that  their  head  and  leader  is  taken  away  from  them, 
neither  will  all  good  men  approve  the  deed,   nor  will  all  thofe  who  do 
approve  the  deed,  defend  the  doer  and  Author  of  their  liberty  againft  a 
wicked  crew.  And  many  under  an  honefl  pretext  of. Peace  will  vail  their  own 
lazinefi,  or  rather  caluminate  the  vertue  of  others,  than  confefs  their  own 
florhfulnefs.  furely  this  remembrance  of  (elf  intereft,  and  excufe  of  lea- 
ving trje^Publick  caule  and  the  fear  of  dangers,  if  it  doth  not  break  rhe 
Courage,  yet  it  weakneththe  fame,  and  compelleth  it  to  prefer  tranquil- 
lity, albeit  not  very  fure,  to  an  uncertain  expectation  of  liberty.     B.  if 
you  will  remember  what  is  before  fpoken,  this  your  fear  wUl  be  eafily 
di/cufled.     For  we  told  you  that  there  be  fome  Tyrannies  allowed  by  the 
free  fuffrages    of  a  People,  which    we  do  honour  with   Royal  Titles, 
becaufe  of  the  moderate  administration.     No  man,  with  my  will,  fliall 
put  violent  hands  on  any  iuch,  nor  yet  on  any  of  thole,  who  even  by 
rorce  or  fraud  have  acquitted  fbveraignty,  provided  they  ufe  a  mode- 
rate way  in  their  Government.     Such  amongft  the  Unmans  were  Vefpafm- 
*"*)  Titus,  Partinax ;    Alexander  amongft  the  Grecians,  and  Hiero  in  Syra- 
cufa.     Who  albeit  they  obtained  the  Government  by  Force  and  Arms, 
yet  by  their  Juftice   and   Equity  deferved  to  be  reckoned   amongft  juft 
Kings.     Befides,  I  do  only  ihew  what  may  be  lawfully  done,  or  ought 
to  be  done  in  this  cafe,  but  do  not  exhort  to  attempt  any  fuch  thing. 
For  in  the  firft  a  due  consideration  of  the  cafe,  and  a  clear  Explanation 
thereof  is  furhcient :  but  in  the  laft  there  is  need  of  good  Counfel  in  un- 
dertaking, of  Prudence  in  aflaulting,  and  courage  in  acting.  Now  feeing 
theft  things  are  either  promotedor  overturned  by  the  crrcumftances  of  Time, 
Perfon,  Place,  and  other  Inftrumenrs  in  carrying  on  the  bulmefs .-  if  any 
(hall  rafhly  attempt  this,  the  blame  of  his  fault  can  be  no  more  imputed 
to  me,    than    his  fault    to  a  Phyfirian,  who  harh  duely    dtferibed  the 
Remedies  of  Difeafes,  but  were  given  by  another  to  the  Patient   unfea- 
fbnably.     M.  One  thing  feems  yet  to  be  wanting  to  put  an  end   to  this 
difpute :   which  if  you   fliall  add,  I    fhall  think  1  have  received  a  very 
fingular  kindnefs  of  you  :   the  matter  is  this,  let  me  underftand,  if  there 
be  any  Church  Ccnfures  againft.  Tyrants  ?    B.  You  may  take  it  when 
you  pleafe  out  of  the  hi  ft  Epiftle   of  Paul  to  the  Corinthians,  where  the 
Apoftle  doth  forbid  to  have  any  Fellowship  either  at  Meat  or  difcourfe 
wkli  openly  lewd  and  flagitious  men.     If  this   were  obferved    amongft 

Chriftians 


The  due  Priviledge  of  the  Scorch  Government.  69 

Chriftians,  fuch  lewd  Men,    unlefs   they  did  reprent,  might  perifih   by 
hunger,  cold,  and    nakcdnefs.     M.  A  grievous  fenrence   indeed   that  is. 
But  I  do  not  know  if  a  People,   that  allow  fo  much  libertv  every  way 
fo  their  fy/ers,  will  believe  that  Kings  fhould  be-  punifhed  after  this  man- 
ner.    B.  Surely  the    Ancient  Eeclefiallick   Writers   without  Exceptions 
did  thus  underitand  that  Sentence  of  Paul.     For  Amlrojb  did  hold  out  of 
the  Airembly  of  the  Chriftians  Theodofas  the  Emjprour,  Tbeodojius  obeyed 
the  laid  Bifhop:  and  for  what  I  know,  Antiquity  doth  more  highly  extol 
the  deed  of  no  other  fo  much,  nor  is  the  modefty  of  any  other  Empe- 
rour  more  commended.     But  to  our  purpofe,  what  difference  is  there  be- 
twixt the  Exclulion    ou:  of  Chriftian    feilowfhip,  and  the  interdiction 
from  Fire  and  Water  ?  this  laft   is  a  mod:  grievous  fentence  imposed  by 
Ry'ers  againft  fuch  as  refufe  to  obey  their  Commands :  and    the   former 
is  a  Sentence  of  Church-men.     Nov/  the  punifhment  or  the  contempt  of 
both  Authorities  is   death  :  but  the  Secular  Judge  denounceth  the  death 
of  the  Body,  the   Ecclefiaftick  Judge  denounceth  the  deftruction    of  the 
whole  Man.     Therefore  the  Church  will   not    account  him  worthy  of 
death,  whom  it  doth  expel  out  of  the  feilowfhip  of  Chriftians,  while  he 
is  alive,  and  banifheth  him  into  the   feilowfhip  of  Devils,  when  dead. 
Thus  according  to  the  equity  of  the  caufe  I  think. I  have/poken  abundant. 
ly,if  therewith  any  Forraigners  be  defpleafed,  I  defire  they  would  confider- 
how  unjuftly  they  deal  with  us.     For  whilft  there  be  many  Nations  both 
great  and  wealthy  in  Europe,  hiving  all  their  own  peculiar  Laws,    they 
deal  arrogantly  who  would  prefcribeto  all  that  Model  and  Form  of  Go- 
vernment which  they  themfelves  enjoy.     The  Helvetians  Government  is 
a  Common- wealth,  Germany  ufeth  the  name  or  Title  of  Empire,  as    a 
lawful  Government.     Some  Cities  in  Germany,  as  I    am  f  informed)   are 
under  the  Rule  of  Princes,     The  Venetians  have  a  Seniority  tempered  of 
thefe.  Mufcovia  hath  a  very  Tyranny  inftead  of  Government.    We  have 
indeed  but  a  little  Kingdom,but  we  have  enjoy'd  it  thefe  two  thousand  Years 
free  of  the  Empire  or  forraign  Nations.     We  did  create  at  firft  lawful 
Kings,  v/e  did  impofe  upon   our  felvcs  and  them  equal  and  juft  Laws, 
thelong   continuance  of  time,  doth  fhew    they  were  ufeful.      For  more 
by  the  oblervation  thereof  than  by  force  of  Arms ,  hath  this  Kingdom 
(food  intire  hitherto  :  Now    what  iniquity  is  this,  that  we  fhould  defire 
either  to   abrogate,  or  neglect  the  Laws,  the  good    whereof  we  have 
found  by  experience  for  fo  many  Ages  ?  Or  what  impudence  is  that  in 
others,  that  whereas  they  cannot  fcarce  defend   their  own  Government, 
endeavour  to  weaken  the  flate  and  good   order  of  another  Kingdom  ? 
What  ?  are  not  cur  Laws  and  Statues  ufeful  not  only  to  our  (elves,  but 

al/o 


jo  'The  due  Privilege  of  the  Scotch  Govwhmm. 

nlfo  to  ourNeighbours?  For  what  can  be  more  ufeful  for  keepingPeace  with 
our  iicared  Neighbours,  than  the  moderation  of  Kings  ?  for  from  immo- 
tierattfLultLii.ju!t  Wars  are  for  the  moft  parcrafhly  undertaken,  wicked- 
ly prefkuced  and  carried  on,  andfhamefully  with  much  difgrace  left  of£ 
And  furt  her,  what  more  hurtful  can  there  be  to  any  Common-w?akh, 
than  bad  Laws  amongft  their  neareft  Neighbours,  whereof  the  contagi- 
on doth  ulually  fpread  far  and  wide?  And  why  do  they  thus  trouble 
Us  only,  feeing  io  many  Nations  round  about  have  their  feveral  Laws  and 
Statutes  of  their  own,  and  no  Nation  hath  altogether  the  fame  Laws  and 
Statutes  as  others  about  them  have.-'and  why  are  they  now  offended  at  us, 
feeing  we  make  no  new  Law,  but  continue  to  obferve  what  we  had  by 
an  ancient  Privilcdge?  and  feeing  we  are  not  the  only  Perfons,  nor  the 
firft  Perfons,  nor  yet  is  it  at  this  time  that  we  make  afeof  our  Laws.  But 
our  Laws  are  difpleafing  to  fbmc.  Perhaps  their  own  Laws  dilpleafe 
them  aifb.  We  do  not  curioufly  enquire  what  the  Laws  of  other  Nati- 
ons are.  Let  them  leave  us  our  own  well  known  by  the  Experience  of  Co 
many Years.Do  we  trouble  their  Councils?  or  in  what  bufinefs  do  we  mo- 
led them  ?  But  you  are  feditious,fay  they.I  could  freely  give  them  an  An- 
swer? what  is  that  to  them  ?  we  are  tumultuous  at  our  own  peril,  and  at 
cur  own  damage.  I  might  enumerate  a  great  many  feu  it  ions  that  are  not  hurt- 
ful either  to  Common  wealths  or  Kingdoms.But  1  (hall  not  make  ufe  of  that  de. 
fence.  I  deny  any  Nation  to  be  left  leditious  than  we.  I  deny  thai  any  Nation 
hath  ever  been  more  moderate  in  Seditions  than  we.  Many  contentions  have  fallen 
out  for  Laws.and  right  of  Goverment,  and  adminiftration  of  the  Kingdom  yet  the 
main  bufinefs  hath  been  ft  ill  kept  fafe.  Our  contentions  never  were,  as  amongft 
many  others,with  thedeftrucuon  of  the  Teople,nor  with  the  hatred  of  ourPi  jnces, 
but  only  out  of  love  to  our  own  Country,  and  defire  to  maintain  our  Laws  How 
often  in  our  time  have  great  Armies  flood  in  oppofition  to  one  another  ?  how  oft 
have  they  retired  and  withdrawn  from  oneanother,  not  only  without  wound, but 
without  any  harm,yea  without  fo  much  asa  reproach  ?How  often  hath  the  publick  u- 
tility  fetled  theprivace  grudges?how  often  hath  the  rumour  of  theEnemies  approach 
extinguished  our  inteftine  hatred  and  animofity  ?  In  all  our  Sedit  ons  we  have  not 
been  more  modeft  than  fortunate  ;  feeing  for  the  moft  part  the  Party  moft  juft 
hatli  been  always  moft  fortunate  :  and  even  as  we  have  moderately  vented  our 
hatred, fo  have  we  to  our  profit  and  advantrge  condc tended  to  an  agreement. 
Thefe  things  at  prefentdo  occur,  which  might  fcem  tocompefce  the  Speeches  of 
Malevolenls. refute  fuchas  are  more  pertinatious,  and  may  latbfie  Rich  as  are  of  a 
more  temperate  difpcfition.But  bf  whati  ight  otherNations  are  govern'dj  thought ' 
it  not  much  to  our  purpofe.  I  have  bi  iefly  rehearfed  our  ow  n  w  ay  and  cuftcm  but 
vet  more  amply  than  1  intended,  o-  than  the  matter  did  require:  becaufe  1  under- 
took  this  pain-  for  you  only.  And  if  it  be  approved  by  you  I  have  enough../1/.  As  for 
me,  you  have  abundantly  fatisfied  me  :  but  if  1  can  latifie others alfo,  1  fhall  think 
J  have  received  much  good  by yourdifcourfe  and  my  felfeafed  ofve;y  much  trou- 
ble. 

F  I  N  J  S. 


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