The defence of the Parliament of England in the case of James the II, or, A treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the Church of Rome ... : wherein is demonstrated that the Holy Scriptures are so far from being contrary, that they do even assent thereto / written in Latin by P. Georgeson, Kt. ; translated by S. Rand. Georgeson, P., Sir. 1692 Approx. 137 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A42629 Wing G533 ESTC R18626 12874554 ocm 12874554 94815 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A42629) Transcribed from: (Early English Books Online ; image set 94815) Images scanned from microfilm: (Early English books, 1641-1700 ; 380:21) The defence of the Parliament of England in the case of James the II, or, A treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the Church of Rome ... : wherein is demonstrated that the Holy Scriptures are so far from being contrary, that they do even assent thereto / written in Latin by P. Georgeson, Kt. ; translated by S. Rand. Georgeson, P., Sir. Rand, S. [6], 32 [i.e. 34] p. Printed for Timothy Goodwin ..., London : 1692. Marginal notes. Reproduction of original in Union Theological Seminary Library, New York. 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Prerogative, Royal -- Early works to 1800. 2007-01 TCP Assigned for keying and markup 2007-02 Apex CoVantage Keyed and coded from ProQuest page images 2007-03 Mona Logarbo Sampled and proofread 2007-03 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE DEFENCE OF THE Parliament of England IN THE CASE of JAMES the II. OR , A TREATISE OF REGAL POWER AND OF THE Right of the PEOPLE , Drawn from Ancient Councils , the Determinations of Wise-men , and more especially from the Ordinances of the Doctors of the Church of ROME , as also from Reasons fetcht from the Law of Nature and of Nations . Wherein is demonstrated that the Holy Scriptures are so far from being contrary , that they do even assent thereto . Written in Latin by P. Georgeson Kt. Translated by S. Rand. LONDON : Printed , for Timothy Goodwin , at the Maiden-Head , over against St. Dunstans-Church in Fleet-street MDCXCII . THE PREFACE TO THE READER . A Man would think the Brevity and the Nature of this small Treatise , which is composed of nothing else but Testimonies , Examples and Demonstration , should have saved me the trouble to prefix a Preface before it , which usually being nothing else but an extract of what is most useful in any Work , it did seem supersluous in this place ; but because , the Reader , at the first View , and before he hath read it quite over , might have found some things , defective in the Order , and the Nature of the Proofs I have made use of , I perceive my self obliged to render a Reason of both in this Preface ; as for the Order or Method it would , without doubt , have seemed more natural to begin these Proofs at the Holy Scripture , and to have continued them by Reasons fetched from the Law of Nature and of Nations , and at last to have concluded with the Testimonies of the learned in all Ages of Christianity . I have taken a Course quite contrary ; and the Reason of it is , that the Holy Scriptures having determined nothing positively nor precisely touching this matter ; but hath left the Law of Nature and that of Nations in full force and vertue , without meddling with , or infringing them , which I intend to make appear in refu●ing the Reasons which those of a contrary Opinion , endeavour to draw from them , under pretence that they every where teach humility and patience . Now every one knows that the refuting of an Adversaries Proofs ought evermore to follow , and not to precede the Thesis which one maintains . I have also made the Testimonies and Examples to go before the Arguments , as being proofs , much more obvious and more popular than those of meer speculation , being very sure that what hath been always believed and practised , is generally the mind and sentiment of all Mankind , and not that of some particular Persons . I have also had another reason for doing this , which is that finding some examples , in ancient Records , running exactly parallel with what hath so lately happened in great Britain . Now a word or to do must be spoken touching the Nature and Validity of the Testimonies which I have related . At first sight a Protestant may be against those Testimonies the Church of Rome brings in , either by her Counsels , or by her particular Doctors , nay , and if he have but a pique against , and be but never so little discontent with the alterations that have been made in this Country , he will presently cry out against such like Authorities , and will not be able to endure , that the Reformed should make use of them ; his impatience is rather an effect of his passion , then of a right discerning of the Truth ; and for to convince him that it is so , he needs do no more but to make these Observations with me upon the Councils which I have alledged . First , That they did not consist of Ecclesiastical Persons alone , as do those of the later Ages ; but of all the States of that Nation wherein they were assembled , and that all their determinations and decisions ( more especially in State Affairs ) derived all their Power and Authority , from the Power politick ; their Decrees for the most part being published under the King's Name , who almost ever assisted at it , in Person ; Together with the Grandees of the State , as may appear by the Council of Toledo , I have quoted . Secondly , Although there was already a great many errors and abuses in the Latin Church , yet for all that , it was then the true visible Church , being it made use of no other Creed but that of the Apostles and the Nicene , as one may see in the National Counsels of Spain , and especially in that of Toledo , where they rehearsed always the Nicene Creed as the Foundation and Arbidgement of the Faith of the Church ; and by the way , that I may speak my thoughts what has given the Mortal blow to the Latin Church , I think it has been the Addition which Pious the IV. made of his own profession of Faith to this Creed , for that very time , those who had tender Consciences or any sence of Christianity , could not disgest their being obliged by Oath to believe all those impious and profane Additions , sincerely , and firmly , as the Fundamental Truths of Religion . The 3d. Observation that we are to make , is touching the Discipline of the Latin Church ; which , as well as its Doctrine were not by far so much corrupted as they were in the Ages succeeding : Although the Peopes , Leo and Gregory the two first of that Name , did very much enlarge the Philacteries of the Roman High Priest , Yet , had they not set themselves up for Sovereign Arbitrators , and Umpires of Divine and Human Rights ; besides , the Opinion of the Infallibility , had not then so much as entered into the mind of Man , so that these determinatons and definitive Sentences of the Counsel , are much more juridical and more suiting with the Order God hath established in his Church , and indeed deserve a great deal more respect and consideration then those of the Counsels of the last Ages . Particularly , since the first Oecumenique Counsel of Lateran , wherein things began to be regulated only according to the Phantasie of the Popes , and not according to Scripture , nor Reason . Now as for the particular Doctors of the Roman Church , I have not pretended that they should be a Rule to the Reformed in this matter , but only indirectly , that is to say , I do make appear by that , that all Christians have held the same Principle , for one cannot deny but that the Reformation may have been settled upon this Foundation ; that the Power of Princes over their Subjects , is not Absolute , neither in Spirituals or Temporals , there having been several People who have shaken off the Yoke of their old Masters for the sake of Religion , and not any People but would have done the same , if they had but had power so to do , at such time as they had to do with a Sovereign , who went about to oppress them . In speaking my mind sincerely and freely as I have done of the Power of Sovereigns , and of the Rights of the People , I have made no incroachment or attempt upon the lawful Power of Kings , God forbid I should , there is not a Man in the World more convinced , or more fully perswaded of the preheminence and excellency of Monarchical Government above all others then my self , at such time as it confines it self within its just limits . No Man of judgment will ever condemn any sort of Government whatsoever , when is it settled , and is agreeable to the Humour and Genius of the People . What I have advanced that toucheth them the most to the quick is taken from a Sermon , that Gerson Chancellor of the University of Paris , Preached before King Charles the VI. and the Dolphin who found no fault with it . If I have defended the Conduct and Proceeding of the Parliament of England , it is because they have changed the Governor only , but not the Government ; and that it had substituted in the room of an Oppressor , a pious , just , and wise Prince . Nay , and a Prince too , who was rightful Heir to the Crown , whom they went about to dispoil and devest of his Rights , by a certain fraudulent way never heard of in any Age. Some may be apt to say , that this Treatise would have come more seasonably three Years ago , then now , I grant that , but I had not then the opportunities and helps I met with since , which were absolutely necessary for me , nay , I must confess I had not so much as thought of it , had it not been for an insipid and impudent French Book which hath made a great Noise in the World ; 't is call'd , Advis aux Refugiez , the impertinent Scribler of this Libel , by establishing Absolute Power in a gross manner , which smells more of his Pension , then of Love for Truth , hath wickedly charged all those of his Nation of Rebellion , who did not blindly obey the Will of their King , and involves the English Nation in the same , if not in a greater for loving its Religion and its Laws . I was moreover confirmed in my Design , by the reading of a posthumons Piece of Richer Dr. of Paris , which was published the last Year , as well as the other , and upon the same Accunt . I have in compiling this Piece , been more solicitous about things , than words ; and that is the Reason why one will scarce find in it any Ornaments , but such as do naturally arise from the subject Matter : whether I have succeeded well in the Design , I have propounded to my self , I leave that to the Readers judgment ; I will assure him only that I have been exceeding faithful in whatsoever I have reported from the Authors I have quoted . The Defence of the Parliament of England , in the Case of JAMES the Second . NExt to the Questions that are conversant about Faith , there is not any one of greater consequence we meet with , that falls under debate , than that Question touching Regal Power ; for it highly concerns the Publick to understand whether or no it be limited and circumscribed by humane Laws , or is to be accounted supreiour to them all . It will be therefore worth our while , especially in this new unexpected Conjuncture and change of the British Affairs , that have so much astonished the World , to attempt some discourse of it exactly and succinctly . But now to decide each Controversie that may arise concerning Regal power , as well by divine as humane Rights , nothing seems more to the purpose , than to begin with the Authority Ecclesiastical , tempered and allayed with the Civil , for since it consists of both Rights , it deservedly holds the first place , and amongst humane Authorities is lookt upon as the greatest . Come on then , as Studiers of brevity , laying aside any further preamble , let us hasten to the matter in hand . CHAP. I. Decrees of several Councils , whereby the Regal Power is Circumstantiated and Bounded within its Limits . THe Fourth Council of Toledo assembled out of Ecclesiastical persons and States of the Realm , Anno 633. which is named by the Spanish Councils , The Grand and General Council , concerning Kings , that shall hereafter succeed ; We Enact and Decree this Sentence , ●aith the Council , that if any amongst them , contrary to the respect due to the Laws , out of an haughty arbitrary ambition to Lord it over his Subjects , shall assume and exercise Cruelty and Tyrannical power , and shall abandon himself to unjust and vitious excesses , and shall exercise cruelty over his People ; Let him be condemned by the Sentence of Anathema from our Lord Christ , and may be receive judgment and condemnation from God , for asmuch as he hath presumed to act wickedly , and to bring the Kingdom to ruin and destruction : But as for Simithilana , who dreading his own evil courses , hath abdicated and forsaken his Kingdom , and divested himself of Regal Authority , It is by and with the consent of the Nation Decreed , That we will never admit him or his Wife , by reason of the exorbitant mischiefs they have committed , no nor his Sons into our Unity or Communion ; nor over advance or promote them at any time to those Dignities and Honours from which they by their iniquity have lapsed and fallen . 'T is to be observed , that this Convention or Synod composed of the States of the Nation , or rather of the whole Nation in general , do , in the Synod put Kings in mind of their duty , and withal do exert their power upon male-administratours , and that not in words only but in truth and effect , as evidently appears by the example of Simithiliana ▪ between whom and King James there is a most wonderful and particular resemblance , as also an exact conformity and agreement between the Synod and Act of Parliament . The Sixth Council of Toledo , assembled of Ecclesiastical persons and States of the Nation , An. 676. a Law of King Chintilanus about banishing the Jews out of the Realm , being introduced with commendations annexed , the Synod adds these words , But this is by us with all care and diligence to be established , least the heat and energy of it , and our labour should abate , and prove of none effect in our Posterity , wherefore by an unanimous consent of heart and tongue , together with the consent of his Peers , and mature deliberation of the Nobility , we decree and enact , That whosoever in future Ages shall chance to be intrusted with the supream management of the Realm , shall never aseend the Regal Throne , before , amongst other obligations , and solemn Oaths of conditions to be performed , he shall promise and declare , that he will vever suffer the Jews to violate the Catholick Faith ; moreover , that by no manner of wayes he shall be abetting to their treachery , or induced by any neglect or covetousness , shall open the way to their prevaricating , who run headlong to down right Paganism and Infidelity ; but what is most aimed at and desired in our time , is , that he should remain untainted and blameless for the future , for in vain is it to do good , if perseverance in the same be not provided for , wherefore at such time as , conformable to the said order he shall be admitted and have access to the Throne to hold the reins of Government , if he shall prove to be a violator of this promise , let him be Anathama , Maranatha , from the presence of the everlacting God , and may he afford fuel to everlasting Fire ; yea , of the like punishment be any one of the Clergy or any Christian whomsoever who shall be involved in his errour be thought worthy : By the Law of the Fiefs and Feudaries , which contain also Empires and Kingdoms , a Vassal doth not owe feality or service to his Lord once excommunicated , nay he , is even absolved of his Oath of Allegiance , as may be seen in Lib. 2. Feudor . Tit. 28. S. 1. In this Decree of the Senate we meet with two things observable . First , Th●t the King is obliged by an Oath not to permit the Catholick Faith to be violated or infringed ; the other is , That in case he shall be found a violator of this same p●omise , that he shall incur the censure of Anathema , lie and all his complices and adherents . Both these do run exactly parallel with the case of K. James , for he promised , when he came to the Crown , That he would not suffer the Religion of the Church of England to be violated by the Papists , whose banishment out of the Kingdom had been oftentimes debated ; he stood not to his word , nay he shews himself a Ring leader ; and authoriser of such who endeavoured might and main the subversion of the said Religion , he is therefore made justly sensible of the Parliaments severity in discarding and disowning him . By this Deree it is likewise prohibited that none shall ascend the Regal Chair except he be a Catholick : The same Synod , C. 17. adds moreover , Unless by his demeanour and good conversation he be thought fit and worthy to be advanced to Regal authority , much more unless he be judged fit , upon the account of his orthodox Religion . This does very much countenance and justifie the Parliaments proceedings in their Act , whereby it is expresly provided , that none shall ascend the Throne , except he be a favourer at least of the Church of England : Now it will not be amiss to hear K. Beccesuinthus in the Eighth Toledo Council , confessing , that the unrully desires of Kings had need of being checkt and restrained , who signed and ratified this Law for himself and Posterity , Since then in the Ages successively last past , the immoderate unbounded covetousness of Kings hath extended it self to the spoils and incroachments upon the people , and that the lamentable Imposition , and burthensome Taxes have much augmented their lawful Revenues , at length it is revealed to us by divine Inspiration , that seeing we prescribe Laws and Statutes of respect and obedience to be observed by the Subjects , it is meet we should , set some bounds of restraint and temperance to the vitious excesses of Princes : Moreover out of our princely clemency and after due consideration , as well for our selves as for all those who shall succeed us in our glory , we , by Gods assistance do enact a Law , and do publish and declare , that no King upon any private motive or impulse , or by any Faction , shall take away by force , or cause to be taken away , any writings or deeds concerning any thing due to another , so that he may prove himself unjustly to be Lord of , and lay claim to the things so due to them . K. James offended against this Law , when following his brother Cha. II. his steps he vsolently by Quo Waranto , deprived Citizens of their Charters , and did in a manner wholly cancel and disannul the Priviledges and Immunities of the Nation : King Beccesuinthus was not of these Opinions that Kings were Lawless , who enacted a Law for himself and his successors . Let us on the other hand return to the Synod prescribing Laws to Kings , From hence ; saith the Synod , may Kings convince Men that all things is owing to them , and depends on them , when they govern all things wisely : whence they doubt not but that these things are due not to their Person but to their Power and Dominion , 't is Rights that make a King , not his Person , for to be King does not so much consist in the ordinary meanness of personal qualities , as in his honour and sublime grandeur , the things then that are due to honour , are assistant to honour , and what Kings heap up and amass they leave to the Kingdom , that forasmuch as the glory of the Kingdom casts a Lustre upon them , so they likewise do not imbezle or diminish the Kingdoms glory but render it more glorious ; besides 't is requisite , that those who are constituted Kings should have minds full of care in ruling , in acting with a great deal of moderation , in decreeing righteous judgment , in sparing and having a tender regard to such who are willing to obey , in procuring sew parties , in siding with fewer . A little below that , Whilst the vastness of the propriety of Princes includes all in the Bosom of its receivings , and nothing but the Princely Belly is stuft , all the rest of the Members of the Nation drain'd and exhausted , languish and decay for meer lack of sustenance , from whence it comes to pass , that neither the Commonalty can receive any succour and assistance , neither can great ones maintain their dignity , because whilst the force of Power hath seized on all , the State of the Commonal●y are not in a condition to defend the least Rights , the Synod do very warily and discreetly prescribe to Kings their duty , and do withal neatly decypher to us a Kingdom ruled by a Tyrant , such an one as is not to be found in this World. The Spaniards grown weary of King Wamba's Government , shut him up nolens volens in a Monastry to do penance , and compelled him to elect Ervigius Grandee of Spain , taking no notice of Theofredus his Son ; the * Twelfth Synod of Toledo was held on purpose to confirm this Ervigius , Anno 682. and this is the Language of the Synod , And by that means the Peoples hands were loosed from all Bonds and Obligations of an Oath , which , during the Reign of the said Wambal , were kept fast tyed , paying duty and allegiance only to this Prince Lrvigius , being at liberty , by all demonstrations of acceptable homage , whom the very Divine Decree had fore-ordained to the Kingdom , and the kind and courteous People in general wisht for ; wherefore these things considered , and in acknowledgment of this favour we are to serve none but God alone , and our King Ervigius , and we are to be obedient to him , and devoted entirely to his Will , let us then perform with a ready mind , and without reserve endeavour to do whatsoever may conduce to the welfare and security of his Royal Person , whatsoever may promote the real Interest of him and his Country . Now must we hear Ervigius himself accosting and bespeaking the Fathers of the Synod , For this in general I beg of you , saith he , that whatsoever doth not comport with the Laws of our glory , if there be any thing that may seem contrary to justice and equity , it may be rectified by your good disposition , meekness and judgement : The same Ervigius how much he esteemed the decrees of these Councils abundantly shews in the Thirteenth Toledo Synod , which he Harangues after this manner , for 't is as clear as the Sun at Noon-day , that whatsoever the sacred Assembly of Prelates hath thought fit to be observed , is by the special grace of the Holy Ghost ordained and prefixt and settled to all eternity , and is inviolably to be observed . I beseech you therefore , and conjure you , the whole Assembly of reverend Prelates , and you most excellent Princes and Peers , who by your homage and duty to the Court are obliged to sit in this sacred Assembly , I command you , I say , by the Mistery of the holy Trinity , that if there be any thing before you shall be judged needful to be decreed , or repealed , as well what by us hath been offered to your consideration , as also what else may have come to your hearing on behalf of the People , that you would be careful to decide and clear it with an unanimous vigour of justice accompanied with a due proportion of mercy . Ervigius behaves himself before the Synod with abundance of modesty , who humbly implores their justice and mercy , and laying aside all lostiness of mind , sensible of his own in abilities to undertake such a charge , submits himself to its censure . We do not find it so now a days ; no , no ; but now you must take notice , that the asorementioned Spanish Kings were of the Gothic Race , but as to their Religion having renounced Arianisme , they became sound and orthodox from the time of Ricared : they had likewise won the Kingdom of Spain by force of Arms , and the ●ight got by di●t of Sword is accounted the best Title by your Civilians . Now let us proceed to the French. The first that presents himself is Childeric . the 3 d. the very last of the M●rovingian Race , who was deposed by the Parliament and hurled into a Monastry . Now there were present in this Parliament divers Bishops , amongst the rest was Boniface a Bishop of Mentz of great reputation , who set the Crown on Pepin's Head , who was put in the place of Childeric . No body can be ignorant of that notable Story of Lewis the pious Son to Charles the Great , who in the Synod of Compeign , composed of Bishops and Peers of the Realm , Anno 833. was tumbled from his Throne and forced into a Monastry . Synods in those days were made up usually of the Clergy and the States of the Nation , which was much the best way , especially in general Councils , for it is certain that for the most part the covetousness and ambition of the Clergy commonly corrupt both Divine and Human right . Nor after what manner the Capetians were by consent of all the French substituted in the Room of the Carlovingians ; and how Lewis the Eleventh was surrounded with thirty six Commissioners , without whose Advice he could not govern the Common wealth , as known to all , we omit . But what on this Subject is beyond all exception , and may stop the Mouth of the Patrons of Tyranny , is the Consent of all the Christian Princes in the Convention of Arras : The business thus , Charles the Seventh , whilst he was but yet Dolphin , commanded John , Father to Philip Duke of Burgundy traiterously to be assassinated , thereupon a bloody War arose between the two Princes ; but at length by the mediation and procurement of the Counsel of Basil and Pope Engenius , a Council was called , and held at Arras for composing Differences , whereunto the noblest part of Europe had resort . It was saith Mezeray the noblest and greatest of that Age , thither did all Christian Princes ( except King Henry of England , who disputed the Crown of France with Charles , ) send their Agents and Plenipotentiaries , and Eugenius his Ambassadors : A Peace being once clapt up between the two Princes , it was covenanted and agreed upon , that if either of the two Princes should not stand to their words , but violate the Articles of Agreement , that then his Subjects , absolved of their Oaths , might lawfully send Succours to another Prince against the breaker of the Covenant : here you may plainly see that all Princes do unanimously agree in absolving Subjects of their Oaths of Allegiance ; besides you may see that a Vassal doth covenant with his Lord upon equal Conditions , for Philip was Vassal to Charles : So much the more is the simplicity of those to be laught at , who dare affirm that Princes are not so much as bound by Oath to their Subjects for performance of the Articles of a Treaty , when God himself is obliged to fulfill his promises , the Lord hath sworn , and will not repent , and the holy Scriptures declare that all controversies are decided by an Oath ; as if Princes were obliged to resemble God Almighty in respect of his power , and not in respect of his faithfulness and veracity ; But not to deviate too much from our present purpose ; If it were lawful for Subjects to levy War against their Prince , for violating his word past to a Foreiguer , I cannot see why it should be deemed an hainous offence to spurn and resist Tyranny , when they themselves are galled and oppressed . The Brittish History likewise furnisheth us with a long series of Examples of this Nature , but too great a Prolixity , especially in matters of themselves , otherwise plain and evident , is tedious and troublesome : Let one therefore , and that very considerable in its self suffice , which is this : John surnamed Sans terre , or without Land , King of England and Duke of Brittain standing excommunicate by Pope Innocent the III. and his Subjects absolved from their Oath of Allegiance , the Kingdom of England was devolved upon Philip the August . Now Philip relying upon this donation of the Pope , having fitted out a huge Navy , was just ready to fall upon and Invade England ; when John by his submission and obsequious compliance , regained the Pope's favour . Neither did Philip for all that desist from his enterprize , for he gave his Consent , that the Nobility of England should choose Lewis his Son , Husband to Jone K. John's Niece for their King , and should Crown him in London accordingly ; the Matter proceeded to Suit and Tryal before the Pope , still a great favourer of John : the Ambassadors of Lewis who solioited his Cause at Rome , mainly urged that John was never Leige King , because he was condemned by the Peers of France to have his Head cut off , for the Murder committed on the person of Arthur his Nephew , moreover , that if he were a King , yet that he had notwithstanding forfeited his Crown , by turning a Tyrant , and that it was Tyranny , as they said , to subvertand destory the Regal Power , the death of John stops the Proceedings , and ends the Difference , and his Son Henry placed in his stead : Pray let the French take special notice of this Passage , who are out of humour and ill satisfied at the last Revolution and Change of the British Empire , and if they are wise , let them take warning whilst they may , by their own consession . Tyranny quite overthrows Kingly Power , and it evidently appears by their own Example , that the Throne of a Tyrant may justly and lawfully be possessed by another , and in truth it was but just , that the Parliament should serve James the II : with the same Sauce as the Peers did John , not coming at all short of him in deserving to be dethroned , then again John did not go about to subvert the Established Religion then in Force , nor did he sorsake the Kingdom and fly to the sworn Enemies of the English Nation , add hereto , that William and Mary had much a better Claim and Title to the Crown of England , as being Heirs presumptive , then ever Lewis had , who was no presumptive Heir . I can hardly forbear the adding to this Example , that acknowledgment of the Authority of the Parliament by Richard the II , in his solemn surrender of his Crown upon their Sentence : I refer the Reader as to this point to the English Historians , more especially to Henry Knighton , Canon of Leicester , in his Book De Eventibus Angliae , who hath at large and exactly insisted upon this dreadful deposing . Yet I shall take notice of one thing not customary with Tyrants , to wit , that Richard did own and acknowledge the Peoples right in punishing bad Princes , and did allow himself uncapable of governing . CHAP. II. Wherein the Absolute Power and Authority of Emperors and Kings , by the Testimonies and Opinions of several learned Men is opposed . THere are not wanting an innumerable company of Examples in History , of Kings banished from their Kingdoms for ill managment , yet I thought good to produce none but such , by which it may plainly appear that a Tyrant may be dethroned not only with a safe Conscience , but conscience even dictating and allowing the same . It will not be amiss to add to these the Testimonies of Emperors and Kings ; together with the Sentiments and Opinions of some learned Men of the Roman Church . The first that offers himself is the renowned Emperor Trajan , who , when he presented a naked Sword to Sura , according to the custom , in creating him Prefect of the Praetorium , take this , or such like , saith he , and use it for me , if I rule justly , if unjustly , use it against me ; next come Adrian none of the worst Emperors , who promised that he would so behave himself in holding the Reins of Government , as one who knew that it was the Peoples business that was committed to his charge : But let they Heathens hold their peace , yet the Christian Emperors Theodosius and Valentinianus , utter such Truths as deserve to be Engraven upon the Palaces , yea , rather upon the Hearts of Princes ; It is a Confession , say they , worthy the Majesty of him that rules , to profess himself a Prince bound up by the Laws , so much doth our Authority depend upon the Law : And indeed it is somewhat more than Empire and Sovereignty , to make the Govenment obedient and subject to the Laws , and by this Edict , we do decree that whatsoever is not lawful for our Subjects , we do not pretend it to be to lawful for us ; this saying is not unworthy of the Confessor neither , for it was the Law of King Edward , named the Confessor , touching the Office of a King : That if a King fail in his duty , the Name of King is no ways consistent with him . Now let us have recourse to the Doctors of the Church of Rome , and Pope Zacharias deservedly leads the Van , who returned this Answer to the French , consulting him about Abdicating Childeric , afor●said ; That a Prince was accountable to a People , by whose favour he injoy'd the Crown , because whatsoever he possesseth , whether Power , Glory , Riches or Dignity , he must needs grant that he is beholden to the Commonalty for the same ; and that it was in the Peoples power both to constitute and appoint a King over them , and also to abandon him . Aenaeas Sylvius follows next , who was Secretary to the Council of Basil , and came afterwards to be Pope under the Name of Pious the II. Aeneas Sylvius puts two queries , The one is whether a General Council hath Authority over the Pope ; the other , whether or no the Catholick Faith do enjoyn the belief of it , which two , saith he , when I shall have examined and stated , there will be no place for doubting afterwards ; but that the Pope ought to be subject to a General Council , the Reason produced before by the Bishop of Burgos doth excellently prove , for a Pope is in the Church just as a King in the Kingdom , now to imagin that a King can do more then the whole Kingdom together were absur'd , therefore the Pope should not have power to do more than the Church . But like as Kings sometimes by reason of male Administration and exercising of Tyranny are ejected , and by the whole Kingdom excluded , even so by the Church , that is to say , by a General Council , may the Pope , without all question be deposed . Now let us hear what Thomas Aquinas , that Prince of the School-men , saith , When a Tyrannical Government , which is not ordered for common Good and Advantage , but for the private ends of the Person reigning is not just , troubles and commotions Lappning in that State , doth not pass for Sedition , the same Thomas lays it down for a certain and undeniable truth , that Principalities and Dominions are not jure Divino , but de Jure Humano . John Gerson succeeds him in his Opinions , who was a Master of Arts of high Repute and Authority with the French , in a Sermon of his to the King , in the Name of the University of Paris , Even as , saith he , according to natural instinct , all the other Members expose themselves for the Health and Safety of the Head , in like manner should it be in the Body politique with Loyal Subject , in respect of their Sovereign ; on the other side the Head should guide and d●●ct the rest of the Members , otherwise distraction would ensue , for th● Head could not last long without the Body ; this truth is point bl●nk c●ntrary to those who venture to aver , though erroneous●y th● the Lord doth not hold of , or is obliged to his subject in any thing whatsoever , which is both against Divine Right and Natural Equity , and the Trust reposed in Dominion , for as the Subject owes Faith and Allegiance , Service and Assistance to their Supreme Lord , so he in authority owes Faith and Assistance to his Subjects . One good turn requires another . According to some Doctors , the Sin of Lucifer consisted in this , That he would fain have d●mineered and ruled over all other Creatures , as God , without being obliged to protect and defend , or do them any service . Afterwards at the end of the Article , he adds : And if so be , the Lord do not deal faithfully with them as Subjects , neither will they treat him as their Lord , according to that answer returned by Domitius to a certain Consul , if ( saith he ) you will not have me for a Senator , neither will I have you for a Consul . The same Author adds , As nothing can appear to corporal sight more cruel or terrible , or more to be abhorred and avoided , then to behold a humane Body waste it self , or to tear it self in pieces , or otherwise , in like manner it is no less cruelty to the Spiritual sight of reason , to behold the Parts of the Body politick to be divided and persecure one another , as a Sovereign his Subjects , and there is in effect , a persecution in this , when they interfere and deprive one another of their Offices and Rights , for naturally every thing depends and maintains its own right , and doth repel a violent Action done to it , by violence , Vim vi repellere licet , 't is lawful to give a Man as good as he brings , hence it is manifest that they are in the wrong , who tell Lords that all is their own , and that they may do what they please , and are uncontroulable and unaccountable if they assume and appropriate to themselves without any just Title thereto , whatsoever appertains to the Subject . But what 's the meaning of this , that violence can do all things , and what will follow from thence ? why , the same inconvenience will follow , as if the Head should attract to it self , all the Blood , Spirits , and Marrow , and Substance of all the other Members , and what would be the event of this , but that it must prove it 's own ruin and destruction . And a little below that , adds , I confess I dont understand whence this error proceeded , for to assert this , would be to cause Men tamely to submit like Sheep , and set Superiors like ravening Wolves over them , or to let fly Kites amongst Chickens . Like as Poyson kills the human Body , so Tyranny is a Poyson and Mischief that brings infallable ruin and destruction to not only the Body politick , but to the Regal also ; For a Tyrant who by hook or by crook appropriates all to his own advantage is very unnatural , it being manifestly contrary to Civil Society , of which Aristotle in the fifth Book of his Politicks hath spoken more at large , and may be comprized in this Distich . Pauca Sciant , de se diffidunt , sint & egeni , Sic rege subditos dire Tyranne tuos . A Tyrant would have his Subjects to know little , to mistrust themselves , and to be indigent ; this is extreamly contrary to a right Regal Power , which chiefly aims at this , that Subjects should be powerful , wise and knowing , &c. for what worse thing could the Peoples mortal enemy , or even the infernal , devise , then necessitate them to be poor and divided ; one would much rather choose to be without a Prince , than have such a one , as the Fable goes of the Frogs , who had a Scorpion for a King , that devoured them all . And yet a little further , again we conclude , saith he , that if the Head , or any other Member of Civil State should chance to fall into such an inconvenience , as to desire to lick up this deadly poyson of Tyranny , each Member in its particular Station , should use his outmost endeavour to prevent and obviate the same by all expedients convenient to that purpose . And a little further , And therefore the Person who abuseth it , meaning the Power aforementioned , is rightly served , if he be div●sted of it . Wherefore it is plain these Men who presume to lead their King or Prince into so foul an Error , or into a condition of Tyranny , deceive them and are their very Enemies . The same Author in his Ten Considerations against Flatterers of Princes , saith , It is a mistake to say that a Prince is nothing beholding to his Subject during his Reign , because it is agreeable as well to Divine Right as to natural Equity and Justice , and also to the chief Intent and Design of Dominion , that as the Subjects are to yeild Fealty , Assistance by Taxes , or otherwise , and homage to their Liege Lord , so likewise the Lord on his part ows faith and protection . Nay , and if so be , the Prince in an obstinate manner persist in his wronging and persecuting them de facto , then this natural rule is Vim vi repellere licet holds good and takes place , as does that of Seneca in his Tragedies also , Nulla adeo grata est victima quam Tyrannus : At the end of this Consideration , he yet adds , therefore Kings , who in an Arbitrary manner , exact such grievances call them their Rights , no otherwise than the Pagan Idols are called Gods , not because they are indeed so , but because they are called so by them , Thus far the Chancellor of the University of Paris , then which nothing could have been spoken more pithily and elegantly , or more seasonably to cur present purpose , indeed it concerns both People and Princes , that Kings should be good proficients in the School of so great a Master . There is one Man whom all Europe knows is but a poor Scholler in it . Now let that famous civil Lawyer Bartolus come out and speak his mind . It is a just Cause , saith he , that would have a tyrannical Government laid aside , and as a just cause that is for a just Regiment . Some later Writers bring up the Rear Bellarm. Peron . Francise . Torrensis and Hen. Holden . To suffer , saith the first , an Heretical or a pagan infidel King , endeavouring to bring Men over to his Sect , it is to expose Religion to evident danger ; and Christians are not obliged , nor ought to tollerate a King that is an Infidel when Religion lies at stake , for when Divine Right seems to clash with the Human , then indeed we must stick fast to the Divine Right omitting the other , but now it is of Divine Right to maintain and pr●serve Religion and Faith , which is but one only and not many , but it is of Human Right to have such , or such an one for King. The same Author in another place thus delivers himself , For albeit , we ought to give obedience to a King , whilst he is a King ; yet it is not Jure Divino , that we should not abrogate or change the Constitutions of a Kingdom , nor deprive a King of it let him do what he will. And again , I taught you but just now , that when we have once this or that King set over us , we are bound to obey him jure Divino so long as he sits upon the Throne , but that it was not de jure Divino , that he should always , so long as he lives , sit on the Regal Throne , for it may so come to pass , that either he himself may Abdicate his Regal Power , or may be brought low , being overcome by some other King , or may be deposed upon some other account , as for Heresie or the like , now by what means soever he ceaseth to be King , obedience and homage likewise ceaseth to be due to him : A Man would swear Bellermin had written these things on purpose against King James's ca●e . Peronius comes next , who in a Speech of his he made to the States General at Blois , maintains stiffly that a King may be discharged from his Office , but , as well became a Parasite of the Pope , he leaves this Game to be played by him , and not by the People whom he terms the Beast with many Heads , as if a General Council , in whose power it is to depose a Pope , even by the Confession of the Assertors of pontifical Tyranny , were not quite as much a Beast with many Heads as the States General . Torenfis also insisting upon the same Principles with Beliermin , saith , He that holds that the Authority of the Church is greater then that of a Pope , seems to me to mean nothing else but that the King of the Church , whose Regal Power is derived not from the Human Law , as is that of a secular King , but from the Divine Law , d●th not at all differ from a secular King , who if he proves troublesom and pestilent , and a Tyrant may be deposed by the Subject . To both these aforesaid , doth Henry Holden a Doctor of the Sorbon subscribe , in a Book he ventured to publish at Paris , The short and long of it is , saith he , considering that all Society co mence h from contracts and covenants entered into between the People and the Sovereign Power , of which Government and Discipline , Laws and Rules interchangeably ratified and agreed upon by mutual consent , are the Foundation of the Society or Community , as well as the Form and Life of it ; manifest it is , that if Supream Authority shall command any thing oppugnant and contrary to the Laws , and having a design to erect an Absolute and Arbitrary Power shall say , stet pro ratione voluntas , my will shall stand for a Law , by that very thing his Subjects are ipso facto freed and exempted from their obedience to such an ones Orders and Declarations . What hath been hitherto said concerning non Obedience , may be also transfer'd to open Resistance ; for upon the same account that Subjects are dispensed from paying Obedience and Service to a Ruler , by the same right it may be lawful for them to resist and withstand the same Government ; for when the Emperor or King shall exceed and go beyond the limits and bounds of his Power , and shall design to force things upon his Subjects , and compel and constrain them to wicked and unjust things contrary to divine , natural , and human Laws , it is evident from the Premisses that it may be , and is lawful for Subjects in such Circumstances by the Law of Nature , by all ways and means they can he think themselves of , to stand upon their guard for their own defence , yea , and sometimes perhaps do lye under an obligation so to do . I should disert and be wanting to my Cause , should I omit on this occasion the Testimony of grave Didacus Savedra Faxardus Plenipotentiary of the House of Burgundy , who acquitted himself with so much Applause in those several Ambassies he undertook for Philip the IV. whose words are the more consp●c●ous and remarkable , for that they were written for the Education of Charles the II. reigning at this day in Spain , they run thus , Let the Prince know and acknowledge the nature of his power also , n●r let him look upon it so Supream and Absolute , but that some part thereof at least resides in the people , which at the first they had either a mind to reserve to themselves , or else natural reason did grant it to them for their own preservation and defence , against the unjust and manifest Tyranny of the Prince . Good Princes do not take it much amiss that their Subjects should enjoy some sort of Freedom or other none but Tyrants exercise Absolute Power in Government , the Welfare and Prosperity of the Publick , ariseth out of the due mixture and temperament of publick Liberty accompanied with the Prince's Authority , and is thereby mainly secured ; not a pu●ssant Prince , but a just upright Prince is the safest , nay , and he never Ioseth any thing in his Government , who does not violate and infring the Priviledges of the Subject , besides ' t is the part of a prudent Prince to grant and concede the free enjoyment of his Subjects Rights and Priviledges , especially when nothing of the Prince's Authority is lost by such concession , which , then only suffers some damage when he goes about to cozen and bereave Subjects of their Priviledges : may it suffice a Prince to leave that Crown he received from his Ancestors as he found it . Paper and Ink would fail me , should I endeavour to trace all those who were possitive in the opinion and have assented thereto , especially them of Loyala's Tribe , those Becanus's , Marianaes and Suarezes , nay , and the whole Gang of the Regicides , I ●orbear to name , as being the profest Enemies of Kings , and consequently unfit for Witnesses in this Matter . The courteous Reader may easily pardon me too , though I should not summon in the Doctors of the Reformed Church as witnesses of this Truth , who are the rather to be consided in , as being greater Divines , and more happily versed in Sacred Writ then the Papists be . Yet seeing that this Intent of ours is usually objected and charged upon the Reformed as peculiar to them , I supposed it will be my chief business clearly to evince this , to be not only the mind and suffrage of one Nation , of one Religion and Perswasion ; but of all Christians , yea , and of all Mankind in general ; but that the Reformed did countenance this Opinion , the more noble part of the Christian World may convince us , which did not suffer Power to oppress and bear down Religion by the Tyranny of Idolatry and Superstition . What is spoken of the Reformed in general , is not meant of every one in particular , for I am not ignorant that there are a great many to be found amongst them , either too much addicted to Tyrants , or else living under Tyrants being timerous , have taught the quite contrary to this our Sentiment , even as amongst the Papists , there is not wanting a good many Slaves of Tyrants , because it is the main Design of the Roman Church , to subdue and captivate Man to Man , and not to Christ . CHAP. III. Wherein by Arguments brought from the Law of Nature and of Nations is evinced , that there is no such thing as Absolute Power . WE have produced but too many illustrious Examples , and grave weighty determinations to overthrow the Absolute Power of Princes , yet peradventure , some may desire that we would impugn and oppose it by Arguments deduced from the Law of Nature and Nations ; we shall not think much to gratifie their request , for there is a vast company of Arguments do continually flow from the very Fountains of Nature it self , wherewith as by so many battering Rams , the strong hold of Tyranny may be battered and levelled with the Ground . It might perhaps stand us upon in this place , to enter upon a Discourse concerning the Rise and Origin of Powers , but since , that is so long and tedious considering our present design , we are willing to leave that task to your Civiliars ; it will serve our turn to have only touched cursorily upon some of the chief Points which conduce to our purpose . 'T is believed by all true Christians , that if Adam had stood and persevered in his primitive Integrity , his Posterity would never have stood in need either of Laws or of Magistracy ; Man being of unblamable life and upright conversation , would have been a Law to himself , and would have acknowledged no Government , but that of reason only . Amongst Persons perfectly equal , Human Nature would not have sensibly perceived any outward Government , but that of Parents of their Children , and that too , but until the Age of Discretion , and their being capable of reason , but as soon as ever reason became impared and quite debilitated by sin , like a Coach-man jolted from his Box , it being no longer able to hold the Reins ; then the affections and passions of the mind , like so many wild Horses whose guide was missing , begun to play their Pranks , and disorderly to be hurry'd up and down , t●en the human Chari●t taking no notice of curb or check , would have been apt to rusht upon Precipices , when the Almighty commiserating Mans case , surrounded and hedged him about with Laws , and applyed a Magistracy over him , that might be able to bridle and restrain the irregularity of his passions , and the exo●bitancy of his Astections and Appetites , which was to conduct him in that way which was sh●wn him in it . Hence it appears , that Laws and Magistracy are the Fruits and Conscquencies of Sin. From whence it is observable , first of all that Absolute Power cannot demand or claim any Aid or Assistance from the Law of Nature , for it was not Nature that created Kings , but the ●utual Consent of Men , for it is very idle and frivilous which some prates of , a kind of res●mblance and adumbration of Kingly Power in brute Creatures ; now that some of them seem to rule over other of the same Species , that rule , be it what it will , is no more but a P●iviledge of the Sex , not of the Individuum : for example , the Bull seems to bear rule over the Cows , tho' not over the Bulls , with whom he often trys a touch for Mastery ; the Ram seems to over-rule the Sheep , but not the Rams with whom he s●ldom fails to be at odds , and so for the rest . Moreover , Absolute Sway doth seem to me diametrically opposite to the Law of Nature , for as Justinian witnesseth all Men by the Law of Nature are free-born , therefore they are their own , and not another mans . Now if any imagin he hath hit the Nail on the Head , if he say Absolute Power is an App●ndix of Sin , and annext to it , by the occasion of which Human Nature is brought into bondage , truly methinks such an one never weighed the Matter considerately enough , true it is indeed , that since Sin , the cause of all mischeif and servitude , crept into the World , Human Nature hath been brought into bondage , but it is to sin and death , not to men . Neither will I deny , but that Kingly Power , as also all Magistracy is the Appendix and effect of Sin , for I have so stated the business before , but nothing can be inferred srom thence , which may in the least favour Absolute Power , for seeing the whole Human Nature is contaminated and polluted , and even over-run with sin ; Princes themselves , as Men , are born Servants to sin , and are the Vassals of death as well as the meanest Peasants , all mens conditions upon that score are equal , whence any one may easily infer that by the Law of Nature whether intire , or lapsed , no right can be ascribed to one Man over another , abating the right that Parents have over their Children . II. Nor can Absolute Power call any thing more to back and assist it out of the Law of Nations , because the Law of Nations is in a manner common to 〈…〉 most Nations . Now not all in general , ( nay , not the most civilized and po●●te Nations , ) do obey Kings , for they who do acknowledge Government , do not use it alike after the same manner , as is manifest from the various Constitutions and Models of Kingdoms . Amongst those who approach nearest to Absolute Power , if they be narrowly sifted and examined , they will be found to discard and destroy Absolute Power ; nor indeed are we to pass by in silence , that the first Form of Government instituted by God himself immediately was absolutely Democratical or Aristocratical , wherefore it s very plain and evident also , that Absolute Power and Dominion is quite cont●ary to the Law of Nations , as never having been ordained any where that we can learn. There remains still the Civil Law , under which it may seem to seek shelter and borrow patronage ; but now what that Law is that justies out and destroys the Law of Nature and Nations , I cannot conceive , unless it be plain down-right dishonesty and injury . III. If Absolute Power were allowed upon Earth , then the right of God , the most just Creatour and wise Governour of all things , would not differ about temporals intensione as they term it , but extensione , from that created power , which is for the most part blinded by covetousness , which is most impious to think . IV. The whole is bigger then its parts , and a Prince is but a part of a Common-wealth , Ergo the Common-wealth is greater than the Prince : This demonstration is strongly backt from the consideration , that a Common-wealth is a whole , standing in need of a Prince nec ad esse , nec ad bene esse , sed tantum ad melius , neither as to its being , nor well-being , but only to its better being ; now when a Common-wealth is well and cannot be better ; none but a perfect slave to Tyrants will deny , but that it highly concerns the Common-wealth to look about them and provide for their safety . V. It is confest by all hands , that Laws were enacted for the restraining of Mens inordinate Lusts and Desires , whence it is most clear that whatsoever power tends to the favouring Man's covetous Desires is altogether an unlawful power ; as modern experience that I may not rake into the records of Antiquity sufficiently makes out : It is an in●ate disposition incident to Men , ( they are Lipsius his expression ) to be insolent and immoderate in Government , nor is it an easie matter to keep within compass a thing which is unbounded . But now Absolute Power doth favour the unruly desires of Princes , therefore is unlawful . VI. All power is ordained by God for the benefit of Society , now Absolute Power is the Calamity , bane and destruction of Society , therefore it is not ordained of God. VII . Whatsoever derives its beginning from another , is to be subject and subordinate to that , to which it ows its beginning , especially in morality but Regal Power derives its rise and beginning from the People , therefore ought Regal Power to be subject to , and depend upon the People ; the usual Answer to this Argument is , that the first Proposition is not always true , as for example , that the Pope is elected by the Cardinals , yet is he not subject to them after his Election ; but this answer is vain and nothing at all to the purpose , for the Cardinals in the Election of the Pope do represent the whole Church together , which conferred this Trust and Charge upon them , and after they have once acquitted themselves of it , they are no longer the Representives of the Person of the Church , the Church it self ever remains superiour to the Pope , and at such time as she thinks good to lay down the Authority of a Pope , she may commit it to the Cardinals ; but that Regal Power draws its origin from the People , if the business needed proving , it might be , without much ado , demonstrated from the very Coronation of the French Kings . For after this manner doth the Archbishop speak to him when he anoints him , Maintain that State and Dignity in which you are placed to succeed your Father , by the Law of Inheritance , by divine Providence , by our present delivering it to you . VIII . Besides there was ever a great difference between Subjects and Servants , Subjects are always looked upon in the Scripture as Sons and Brethren , but Servants are accounted as the vilest and most abject of Mortals , now then if you ascribe Absolute Power to Princes , this difference and distinction would be quite out of doors , because the Power of Lords over Servants cannot be greater then Absolute , nay , and Subjects would be in a much worse condition then Servants , for as much as the Power of Lords over Servants cannot be called Absolute . If the Authority of Justinian the Emperour may be of any moment in this matter ; But at this time , saith he , it shall not be lawful for any Man whatsoever within our Empire , without some cause approved of by the Laws , to exercise any unreasonable excessive cruelty upon his Servants ; for by the order of Antoninus , whosoever shall slay his Servant without cause , shall have no less punishment inflicted on him then if he had killed another mans , but even too great and extraordinary sharpness and austerity of Lords and Masters , was restrained by the Order of the aforesaid Prince , for Antoninus being consulted by some Governours of Provinces about such Servants who took refuge in the Temple , or fled to the Statue of the Prince , gave order that if the cruelty of Lords and Masters should appear intollerable , that they should be compelled to sell their Servants , upon good Conditions , and the price to be given to the Masters , and all the reason in the World ; for it is expedient for the Common-wealth , that none make ill use of what he hath ; The words of this Extract sent to Aelius Martianus are these , the Power and Authority of Lords over Servants ought to be just and blameless , nor ought any Person whatsoever to be defrauded of his right , but it mightily concerns Masters , to see that redress be not denied to those who shall lawfully require it for hardships , hunger , thirst , or intollerable injury . M. Antoninus seems in these Clauses to Counsel and Advice Servants and Subjects to take their parts against Tyrants ; Wherefore take cognisance of the Complaints of those of the Family of Julius and Sabinus , who have fled for Refuge to the Sacred Statue , and in case they be either more hardly used and intreated then justice requires , or if you shall judge them ignominously wronged and abused ; venire jube , cause them to be sold , so that they may never any more fall into their Lords clutches , and if he shall prove to act otherwise then becomes a subject , and shall not submit to this my Ordinance , let him understand that I shall execute the severity of the Law against him for such a default . This constitution of the Emperors doth altogether correspond with the Law of God , by which it is commanded , that if any one shall deprive a Man-servant or a Maid-servant of one Eye , yea , or but of a Tooth , then he shall be forced to grant them their liberty , Exod. 21. 26 , 27. God likewise commands that if any one induced by Poverty , shall sell himself , he shall not be reckoned as a bond Servant , but as an hired Servant and a Sojourner , he was to serve till the Year of Jubile , and then to depart both he and his Children with him , he shall return to the Possession of his Fathers , he and his Children , for they are my Servants which I brought forth out of the Land of Aegypt , they shall not be sold as Bonds-men . Thou shalt not rule over them with ●igour , but shal● fear thy God. You see that for some certain reasons , that is to say , for cruelty , for hunger , or upon the account of ins●fferable wrongs , that Servants might by Gods appointment , and by the Emperors Constitutions , which have now the force of Laws , be exempted from their Masters commands and injunctions . Why may not then Subjects be withdrawn from , and dispensed of their duty to Princes unsit to bear sway ? From the Second Book also of the Fiefs or Feudaries , Tit. 26. 5. it appears , that the Lord is no less capable to commit an act of Treason against the Vassal , than is the Vassal against the Lord , which if it shall so happen , the Lord loseth all his right over the Vassal ; no , nor is that Power of Fathers over Sons Absolute neither , though it be founded upon the Law of Nature , for a Son is discharged from the Duty to a Farther , that with cruelty , and beyond all reason misuseth him , or if the Father shall thunder out disinheritance against the Son , the Laws shall carefully inquire into the occasions of disinheriting , and if it be upon ●light Grounds or unadvisedly done , that disinheriting shall be lookt upon as null and of none effect . Last of all , if all Subjects be but Servants , what becomes of Peers , withcut whom a King cannot try a Peer , but if the King hath need of Peers in passing Sentence , by Votes , what signifies your Absolute Power ; truly I am even ashamed of those Persons , who professing themselves Christians , have a flighter opinion of Humanity then the Heathens have . It is taken for granted amongst all the asserters and maintainers of Absolute Power by Barklay , Grotius , yea , and by Salmatius the most daring and boldest of them all , that the People did not part with , or make over all their right to the Prince ; as for example , they did not transfer all their right of chusing to himself a Successor , in case the whole Royal Family be extinct . Salmatius himself agrees with us in this matter , Where the Seed of the Royal Line , saith he , in hereditary Kingdoms is quite extinct , in such case the Power returns to the People , to whom it may be lawful afterwards , to confer the like Government upon another Person , or change it into another form , neither did the People grant to the King the right of Allienating the Crown , or making it belong to anothers Dominion , and that for the publick Good and Advantage , for fear least some Stranger or other unfit Person should be set over the People . Charles the VI. is a pregnant example of this , who , at such time as he abandoned Charles the VII . his Son , and declared and appointed Henry King of England his Son-in-Law Heir to the Crown , this disowning and grant was judged by the People of France of none effect , and exploded ; and so Charles the VII . was again fully restored to his Crown and Dignity . Francis the First also ●ffords us a notable Instance of this same , that a King cannot wa●rant his ali●nating the Dominion of the Crown , or make it depend on anothers jurisdiction , who , after he had redeemed himself out of Captivity , wherein he was kept by Charles the V. at the expence of several Provinces , the People of France did stiffly maintain that it was not in the K●ngs Power to alienate the Dominion , ( as they called it ) wherefore when the Salus populi , or publick welfare is in Jeopardy , the People ever reserved to themselves the Right and Power of defending it , and by all ways and means of furthering and advancing it . X. Here comes many more still who shall be witnesses against themselves , for they say , That put the Case the King turn a common Enemy he ma●y not be removed from the Throne , and thus speaks Salmatius , If so be out of an hostile mind , he be fully bent upon the utter undoing of his Kingdom , he doth thereupon ipso facto , lose his right to it indeed , and may be justly forsaken by his People ; now he doth then , become an open Enemy , when he doth not only shed his Peoples Blood right or wrong , but when he suppresseth Religion , commits Adultery with other Mens Wives , defliwers Virgins , seizeth and appropriates to himself Mens Estates , breaks his word , does abrogate and disannul Priviledges and Charters , and every where sheweth himself a contemner of divine and human Laws ; for the T●uth is , Thieves , Clippers and Coyners , Whore-Masters , and perjured Persons are no less Felons , and do no less deserve condign punishment and death , then Highway-men and Murtherers ; and to speak freely , there are but a few practical Tyrants that are not guilty of all these wicked Misdemeanors . XI . All Christian Princes who are inclined and adhere to the Roman Church , do pro●ess themselves subject thereto in matters relating to Faith and Good Manners ; and so do the two Councils of Constans and Basill injoyn . Wherefore when they commit any heinous Offence against Faith and Good Manners , no body q●estions but that the Church may proceed against them by Excommunication , but if despising a lesser Excommunication , they shall grow hardned in their wickedness , let them be struck with the Thunder-bolt of a greater , which differs from deposition , or final reliction , only in term of time , and in length , if they do not appease the wrath of their Judge by repentance and amendment , it then may end in exterpation and deposition . History supplies us with so many examples of this Nature , that who so requires to have them produced , shews himself but an ignoramus in ancient Records ; who knows not that Henry the IV. King of France could never be acknowledged , till ( his Ambassador being beaten with a Stick by the Pope's own Hands ) he had expi●ted , and was punished for his Heresie as they suppose ; who can be ignorant that Philip the August for his repudiating Isemburga his Consort , and taking to Wife Mary Agnes had very like to have lost his Crown and Dignity ; if any would be certified how far the greater Excommunication may proceed , let him have recourse to Philip the August , wherein he may also meet with the Story of John Sans terre , mentioned before , nay , and did not St. Germain Bishop of Paris , whose Authority came far short of that of the Pope , inflict the penalty of Excommunication upon Sigisbert King of Austravia ? What 's the reason then , why the States of the Realm ( amongst whom is to be found very many learned in the Law of Nature and of Nations ) may not turn out and depose a convicted and incorrigible , refractory Tyrant : especially since a fault may be more descerned in Temporals then Spirituals , and seeing that it spreads it self with more dangerous consequences amongst the People , and that the Tyranny of a Prince does them much more harm then his Heresie . XII . The imperial Dignity without all dispute is greater then the Regal , for an Emperor can create Kings , but , to create an Emperor was never the Power of any King , that was always left to the People , as their business only ; but now the Emperor , how high soever his Dignity be , pays homage to the Empire , why then may not a King do the like to a Kingdom ? the Empire may warrant their not standing by an unfit Emperor with their Lives and Fortunes even by the Laws , which falls out ever and anon : Why may not then a Kingdom forsake and dethrone a King unfit for ruling . XIII . Again , Absolute Power sets the Door wide open not only to the disorderly Vices of Princes , but also of the People ; because Regis ad exemplum ●●us componitur orbis , every one strives to follow the Fashion at Court , we read of Cambyses , that when he was acquainted by some debauched flatterers that there was a certain Law , which gave leave to the King , to do what he listed ; married his own Sister , and after that , did allow of such kind of marriages to wipe off the scandal , and appearance of Sin : and it is not so long ago , since we saw , the Husband ( of a Wife debauched by the King , ) to debanch and steal away the Wife of another from her Husband , and all that connived at too , by reason of the King 's ill example . So that we see that the fear of God's Law is not enough to restrain and bridle the King's lusts and unruly affections , for frequent experience tells us , that it is not at all sufficient . Tam facilé & pronum est Superos contemnere testes Si mortalis Idem nemo Sciat . So easily Men with the Gods make bold , When they alone behold the Sin we act , No Mortal being witness to the Fact. Except it be again and again inculcated to Princes , that God is pleased to make use of Men appointed on purpose to vindicate and enforce his Laws in the World , for there is nothing more common with Princes then to think the greatest Power , to be the greatest License to do what they please , as may be exemplified in Vortigerus King of England , who in the rage and heat of his Lust espoused his own Daughter . XIV . If Monarchical Government were Absolute , it would be the less noble then the Democratical , for Democracy is the Dominion over Free-born Men , for it implies a contradiction for a People in the same respect both to rule and obey ; but a Monarchy if it be unlimited is the ruling over Servants , but now the Government over Freemen is a great deal more noble , then that over Servants , even as the Authority and Power of a Father over his Son , doth far excel the Power of a Master over his Slaves : It makes not at all against us that God's Power over his Creatures is Absolute , for I acknowledge that there can be no certain conclusion gathered from God to his People , by reason of the vast disproportion and immensity between his Nature and Power , and theirs . God cannot abuse his Power . Moreover , God's Power over intelligent Creatures freed from sin , which freedom is the only liberty os intelligent Creatures , is nobler far , then the Dominion over Creatures subject to sin , which is the perfect bondage of Creatures , and that I may speak what I think , truly your Court-flatterers do put a base Affront upon Regal Authority and mightily disparage it , when they have the confidence to make him pass for a Tyrant ; not but that Monarchical Power , to say the truth , hath a certain transcendent superlative Excellency and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 above others , provided it be tied up and regulated and owned by the Laws , which is not our present design to dive into or discuss . It will suffice in this place , to lay the Foundation and Superstructure of Monarchy or Regal Power , and withal to fortifie and defend it by overthrowing of Tyranny , and at the same time to demonstrate that those immoderate cyers-●p of Regal Power , just like the Gyants of old , whilst they aim at building their Tower too high , do endeavour its down-fall , and to be crusht with its ruins themselves . XV. If we allow Absolute Power , it must be either jure Divino or jure Humano , but it is not by Divine Right , since God Deut. 17. maketh an everlasting decree against the unbounded desires of Kings , which I suppose will not be much amiss to set down in this place , When thou shalt come into the Land which the Lord thy God giveth thee , and shalt possess it , and shalt dwell therein , and shalt say , I will set a King over me like as all the Nations that are about me : thou shal● in any wise set him King over thee whom the Lord thy God shall choose , one from among thy Brethren shalt thou set a King over thee , thou may'st not set a Stranger over th●e which is not thy Brother ; but he shall not multiply Horses to himself , nor cause the People to return to Egypt , to the end , that he should multiply Horses : Forasmuch as the Lord hath said ye shall return no more that way , neither shall ●e multiply Wives to himself , that his Heart turn not away , netther shall he greatly multiply to himself Silver and Gold , and it shall be when he sitteth upon the Throne of his Kingdom , that he shall write him a Copy of this Law in a Book , out of that which is before the Priests and Levites , and it shall be with him , and he shall read therein all the days of his Life : that he may learn to fear the Lord his God ; to keep all the words of this Law , and and these Statutes to do them , that his Heart be not lifted up above his Brethren , and that he turn not a side from the Commandements to the right Hand or to the lest ; to the end that he may prolong his days in his Kingdom , he and his Children in the midst of Israel . Psalm . 2. 10. Be wise now therefore O ye Kings , be instructed O ye Judges of the Earth : Nor is R●gal Power by Human Right , Absolute neither , for the practice and custom of all Nations , as we already have plainly demonstrated , are point blank against it ; besides who can think People so mad and senseless , that when they may live abundantly more happy under the Government of Kings , who are subject and liable to Human Laws , than under those who are not regulated by the Laws , nor observe them , I say are they so simple as to lov● and admire those rather , who are found by experience to trample upon Laws . XVI . Never was there yet any Law either Divine or Human , whereby the Abdication of a Tyrant is prohibited ; if there be extant any such that may seem to speak in their favour , those relates particularly to their Life , and not to the Administration of their Government . On the other Hand , the practice of turning out Kings , received in all Ages foregoing , and confirmed by frequent use , doth plainly argue that the publick Safety and Welfare is by all manner of ways possible to be defended and secur'd , and that one single Person should not be obeyed , at the cost of indangering the whole Nation , is a Law I think Nature it self hath enstamped upon the Hearts of all Men whatsoever , now where Divine Laws are silent , who questions but that Nature may be listened to , as a Deity . XVII . Mothing so much argues the badness and wrongness of the Cause , as that the great Assertors are not consistant with themselves , and do often shift Scenes , change and beg Principles as the Schools call it , but these Parasites of Tyrants are not much unlike that in Terence , modo aiunt , modo negant , sometimes they affirm it , by and by they deny it , sometimes , I say , they are for having Kings to receive their Power and Authority immediately from God alone , sometimes again , that indeed they owe it to God , but by the help and assistance of the People , and that the People did fully and irrecoverably make over and transfer all the right they had to them ; then again , they will pause a while , and demur upon the Case , ●ometimes they maintain their Ground , and speak out without more ado , but let them come to a conclusion , and speak freely whether they would h●ve the Government depend on God alone , or on the good-will and courtesie of the People ; if they would have it depend on God alone , let them produce that Law of God , whereby Absolute Power is orda●ned ; for we can shew them the quite contrary . If they acknowledge the Peoples kindness to have any hand in it , it doth extreamly behove them to make out this plain and irrevocable transferring the Peoples right upon them , which , they never will be able to do ? XVIII . Regal Right in all Nations is the self same as to its Rise and Origin , if some Nations parted with more then they needed to have done to their Princes , that produced from their ill-bred disposition knowing no better , or from their want of skill in their own and the Nations Right . I will make it clear to the meanest Capacity : Regal Power sometimes falls to a ●emale in some Nations ; not excepting those Nations that are reputed the most barbarous , whether it be , that the Administration of Government be intrusted with her under the Title of Queen , or Queen Regent ; but now it is nonsense to think that the Power conferr'd upon a Woman by the People is Absolute , therefore it doth not stand with reason that it should belong to a King , neither indeed doth the Regal Authority suffer any diminution when it is devolved upon a Queen either by the King's death , or any other accident whatsoever . XIX . Those amongst the Papists , who do least flatter and sooth Papal Tyranny do assert that the Pope is capable of doing as much in the Church , as a King can do in the Kingdom , yet notwithstanding they briskly maintain , that a General Council is Superlour to a Pope , and may depose him at will. But the Pandors of the Whore of Babylon , who wonderfully extols her Authority above that of Kings , do not deny , but that a Pope may , and ought to be deposed for Heresie : Therefore according to all these Doctors a Tyrant may , and ought to be deposed , for that the Pope , whose authority is above , or at least equal to Regal Authority , may , and ought , whensoever he shall turn Heretick , be removed from holding the Reigns of Church-Government . XX. That Authority is the greater , that performs the greatest things , but the Authority of the People creates both Kings and Emperors , but the Authority of the King , cannot so much as create a King , therein does the Peoples Authority , exceeds that of a King. XXI . In all Christian Kingdoms there are certain Orders of Knighthood , by which the most illustrious and renowned of the Subjects , together with the King , are usually dignified and distinguished ; the Sovereign of these Knights is the Prince , who is equally bound , and even takes an Oath to obey the Statutes of the Order , as well as the rest of the Members of that Order . Now if the King in this Ceremony obliges himself by Oath , much more is he bound by that Oath he takes at his Coronation , because this last Oath is absolutely necessary , necessitate ●nedii , by a necessity of the means , as they term it ; without which the King could not be King : But the other Ceremony depends meerly upon choice , and is an indifferent Ceremony , having no Relation at all to the Regal Office , and no ways beneficial to the Publique ; therefore the Coronation Oath is more Strictly and inviolably to be performed , and doth more firmly bind Princes , than doth the other . We look upon it as a needless piece of work , to distinguish between the Rights of one Kingdom and another ; 't is all one , for there are but two Originals of Kingly Power , viz. Force of Arms and Election ; Christians are unacquainted with Lots , the Heathens seldom , or never made use of them ; if a King , win a Kingdom by force of Arms , yet for all that , he must not compel his Subjects to things unjust and contrary to the Law of Nature and of Nations , if he do force them upon such things ; why , then indeed , when occasion serves , and when their strength permits , Subjects may have recourse to their right of reducing the King to his just Limits of Government , conformable to that celebrated Axiom , vim vi repellere licet . It is lawful to repel force by force , for what was taken away nolens volens mny also be recovered by force ; if Election could take place , yet we should have the better of it however , because there is no Election without Obligations and Conditions , whereunto as well Princes as People are to be equally bound and obliged ; both Nature and Religion do alike will and require it : For asmuch as God himself ( as we but just now hinted ) hath bounded himself by his Promise , so ought a man , how eminent in vertuous Qualifications soever he may be to exercise Humane Dominion over other men , as by no means to aspire to ' Divine Honours ; who finds himself no whit better than his Neighbours , and must not take too much upon him , nor so demean himself amongst his fellow Creatures , as if he had attain'd to a degree of Divine Perfection ; for men create Idols , but do not create Gods. The right of inheritance has no greater Right than the Law of Arms , or the Law of Election , because a Successors Right and Power are entailed upon him by vertue of his Predecessors ; And Right is what the Subject granted and yielded to , and not what Princes usurped to themselves . A Prince 't is true , by inheritance obtains the right of taking upon himself the Government of the Common-wealth , before any other of the same Nation , but that Right doth not procure for him , as I may so say , so large a Power , and superlative a Government above others ; for it was not the Peoples intent and design , when they honoured one Family with such high Dignity , that it should thereby become prejudicial and more troublesome to them , but rather that they should find the Family so much the more gracious and bountifull , by how much they had , upon several accounts , obliged it to them : 'T is true indeed , it is somewhat an hard task to alter the Form of Government , which are obtained by Inheritance , because Regal Power in one Family by long possession , and confirmed by custom , pleads prescription , yea , and hath mustered up all its Forces to strengthen and uphold its Dignity ; but notwithstanding it doth not thereupon follow that by Law or Right , their Power is fuller or more valid , than if they were beholden to Election for their Authority ; in as much as it derived its Pedegree and Original from the Peoples bare concession . It is confessed by all men , that the Almighty did out of a tender regard to his People , grant them the liberty of making choice of what Form of Government they thought most convenient , and most suitable to their manner of living : It will be therefore agreeable to reason , to conclude , that God did also grant them the liberty of changing the Government and Magistrates , as by themselves so constituted , especially if they abused their Power , and swerved from the true way conducing to the end propounded , that is an happy and peaceable Life : For since Princes were ordained for the benefit and advantage of Civil Society , it is more suitable and correspondent to the Goodness and Wisdom of God , that Princes should depend upon the People , who can never be wanting to themselves , than that the People should depend on Princes , who out of a certain innate Principle , incident to all men living , being all for their own ends , and for what they can get , oftentimes forget themselves , and their Duty towards the Common-wealth , and spoyling all by forgetting the true end why they were so highly promoted to that honour , make ill improvement of the Regal Dignity , and of the end for which it had been conferr'd upon them , use it for their own , and not for the Publique Advantage . CHAP. IV. Wherein is shewed , that there can be nothing gathered from the Old Testament , that doth contradict all these Arguments , nay , that doth not mightily strengthen them . THE Patrons who stand up for Absolute Power , do commonly appeal to the Sentence and Judgment of Sacred Writ , and that with good reason , because Scripture is the Judge of all Controversie , and is infallible , a most perfect Rule , by the which Christians are to square every Conception of their Mind , and also their Life and Conversation : God forbid then that we should deny such a Judge , the discision of this Point in debate . Our Adversaries produce that remarkable known Passage in the History of King Saul , the substance of which we thus comprize : The Israelites now grown weary of the Government of Judges , require a King of God , like unto the Kings of other Nations ; they don't forthwith obtain their desire , nor was it convenient they should ; but before God would comply with their request , he forewarns them by his Prophet Samuel , of those things Kings would do , preter & contra officium , besides and contrary to their Duty , and not altogether without precedent ; yet they did not for all that alter their mind ; at length God wearied by their improbrious Demands , granted them Saul for their King. I cannot imagine what advantage the Parasites of Tyrants can infer from hence , that can in any wise justifie and authorize their Cause : Salmasius is not ashamed to assert , that by those Admonitions , whereby he tried to reduce them to better obedience , and to reclaim them from their erronious Practices , to a sound mind , did intimate and point at Regal Power , which was not known to the Israelites : As if God should ordain the immoral and irregular Lusts of Princes to be the Standard of governing ; and had a mind that they should be exempted from his Law , and unaccountable for what they did : To what purpose did he then establish a proper and peculiar Law for Kings , as we described before ? by which ●aw they were commanded to have Moses's Law near them , to apply themselves carefully to the learning of it , to turn it over and over again continually ; and to that intent it came to pass Samuel delivered the Law written to Saul , then chosen to be King , which he punctually observed , threatning him no less than he did the People , with utter destruction , if he should depart from it : For he spoke to Israel in these words ; Behold , God hath set him a King over you , obey and serve God , ye and the King who is set over you , otherwise you and your King shall perish ; which doubtless put these words in King James the I. his mou●h , when he drew up Instructions for his Son ; Whom , saith he , does the reading and searching of the Scriptures more nearly concern than Kings themselves ? forasmuch as in that portion of Scripture which makes first mention of the most excellent Kings of Israel , we find that they were not only invited and perswaded , but expressly enjoyned to be diligent in reading of , and meditating upon the Holy Scriptures . Alas ! how sew of the Kings and ' Queens ( except William and Mary ) did ever think this Duty incumbent upon them ? Yet Grotius behaves himself much more modestly than doth Salmasius , for he owns that those intimations and warnings of Samuel , were so many Predictions of future Events , and not a description of Regal Right . For although Divine Providence did more tenderly indulge and encourage the Israelitish Kingdom , than other Kingdoms , for the Messiah's sake , who was to spring from the Royal Stock of Israel ; yet that other Kingdoms should be ordered according to the same Model , would by no means follow from hence . Salmasius doth not stick to say , That Saul and David were immediately ordained and appointed of God , that other Kings were but mediately only : Therefore nobody should wonder why they were more sacred , and more inviolable than other Kings . But if we consider this well , this distinction will be of little force ; nor can any Argument drawn from hence , serve their turn ; for God granted them such a King as they required , and they demand a King like to the Kings of other Nations , and not a King of a new institution , as I may so say , such an one as never was in the world before ; God therefore grants them such an one as they desire . If then Kings of other Nations could be dethroned , no body can reasonably question but that the Kings of Israel might be so likewise : Therefore the matter must come again to be tryed by the Law both of Nature and Nations , neither did the two Tribes at all doubt of it , when in Rehoboham's time they shook off the Yoke ▪ and placed Jeroboham over themselves ; neither did their Crime so much consistin that , as togetherwith rejecting Rehoboham , they forsook also the Temple and Worship of God ; neither was any other thing in the mind of those forty , who betook themselves to the Cave of Engedi with David ; nay , they pretended to have a more desperate design in their heads , as touching this matter , than had the two Tribes ; for they perswaded him to make use of the opportunity put into his hand , to rid himself from the persecution of the Son of Kis , by making him away . Of the same opinion was also Abishai , one of David's Worthi●s , and Brother to Joab , who stealing privily into Saul's Tent with David , who found Saul sleeping within the Trench , and his Speer sticking in the Ground , at his Bolster , took it up , and offered his service to David , saying . Let me smite him , I pray the with the Spear , even to the Earth at once , and I will not smite him the second time . Now if any one shall narrowly examine the History of Saul and David , he will undoubtedly find that the so strenuous Assertors of Tyranny , have read the Scriptures , whereunto they so confidently appeal , but very carelesly and cursorily ; for even Saul himself never took himself inviolable , or not to be medled withall ; for after this manner spoke he to David , producing a piece of the Skirt of his Robe : Thou art more righteous than I , for thou hast rewarded me good , whereas I have rewarded thee evil ; thou hast shewed this day , how that thou hast dealt well with me ; for as much as when the Lord had delivered me into thy hand , thou killedst me not : For if a man find his Enemies , will he let them go away free ? wherefore the Lord reward , thee good , for that thou hast done unto me this day : Neither did Saul boast of or value himself upon his Unction , nor much insist upon his inviolability ; nay , he ingeniously confesseth , that he was subject to the fate of other Mortals , and that he had saved his life ; he owned this wholly to the magnanimous clemency and kindness of David , and not to his own Majesty and Dignity . Now had the Royal Power , as a peculiar ●adge and Characteristical mark of distinction , secured Saul from all attempts upon his Person , how chanced it that the four hundred and Abishai understood nothing of that Prerogative , only David by his prophetical Spirit , was able to pry into that business ; nor in truth could Saul have this Prerogative , whatsoever it was , either from the Law of Nature , or of Nations , for then it would have been made known to all ; but he had it only by a Special Grant and Favour , which in all probability was revealed to David , by God alone : Now the Son of Jesse had plainly signified , that the life of the Son of Kis was in his hand , and that he was at his mercy , for thus spake he unto him , The Lord delivered thee unto me , nor did I lay hands upon thee : He s●il●s him indeed the Anointed of the Lord , and confesseth , that in consideration of this Unction , he was induced to spare his life . Yet it does not therefore follow that he was inviolable ; for if any one will refuse or delay upon any account , to put a thing in execution , you must by no means infer from thence , that it was not lawsull for him so to doe ; who knows not that Holy men fearing God do oftentimes forbear doing some things , which otherwise might be permitted to any one whatsoever . You know it is sometimes a great sign of generosity towards an Enemy , not to take advantage of him ; but Saul was not affected with the same reverence and respect to David's Unction ; for he persecuted him with such inveterate malice , because he knew that the Son of Jesse was anointed for King of Israel , taking no notice at all of Saul's other Sons . Again , Absolom did not look upon his Father's Unction as sacred , who endeavoured might and main , to wrest the Sc●pter out of his hand ; Nor did Hushai , that wise and prudent Counsellor to Absolom go about to deter him from his enterprize , by magnifying to him David's Unction , but by magnifying his and his Mens valour and resoluteness , which he pretended , was not adviseable to be engaged , without a pretty considerable stout Party . But some may reply that David durst not venture to lay violent hands upon the Lord 's Anointed how bitter an Enemy soever , and raging against him with a bloud thirsty mind , nor can this seem strange to any one that shall observe the signal and distinguishing dispensation of God's Providence in this History ; for without God's permission , Saul had not entered into the Cave , wherein David , whom he sorely persecuted , together with the forty Men of his Life-Guard lay hid , and it was because God would have it so , that David saw Saul , and that Saul was seen by him , that Saul should not hear the least noise or whispering of those four hundred and forty Men , some of whom communed with David . Last of all , it was not without the special providence of God , that the Son of Jesse should cut off the Skirt of the Son of Kis's Robe , and he never perceive it : Doth not the Holy Scripture make mention , that God caused a dead sleep to seize Saul and his Guard , when David accompanied with Abishai , slipt unawares into Saul's Tent. It is more than probable , that all these things were disposed and foreordained of God , to give the Children of Israel to understand the constant goodness , and the meekness of the man so dear to him ; and as the Scriptures declare , one after his own heart , and who by his valour and magnanimity , was to be an illustrious Tipe of the Messiah , from whose Loins the very Messiah himself , commonly stiled the Son of David , was to spring ; if a man can indeed suppose any thing of Man , in that sweet and gracious deportment of David towards Saul : Was it not David's prudence , who being the Anointed of the Lord as well as Saul , to secure his own life from the conspiracies of the People , by sparing the life of Saul , as the Lord 's Anointed . Looking over the History of the first King of the Israelites , I find a notable Circumstance which might have stopt the mouth of the pleaders for Absolute Power , if they had b●t made the least Reflection upon it ; The business was thus , The Philistians having been put to the rout ▪ and totally defeated by Jonathan , Saul desirous of pursuing and gaining an entire victory over these uncircumcised Philistians , gave a strict charge to all his Soldiers not to touch any Victuals until the Evening ; Jonathan being hot upon the pursuit , was not present when the Prohibition was made , and consequently ignorant of the same ; now finding himself very much harassed , and half famish'd at his return into the Camp , having light upon some Honey by chance , dipt the end of the Rod that was in his hand in it , and did but taste of it : Now Saul consulting with the Lord whether he should continue the pursuit of the Enemy , the Lord gave him no answer ; whereupon the King having a mind to know the reason of God's silence , cast the Lot , which fell upon Jonathan , who presently confessed the Fact ; the King his Father swore he should suffer for it , and Jonathan began to submit to this cruel unnatural Sentence , and prepared himself for death : When the people to whom Jonathan had much endeared himself by his eminent Qualifications , and who had so well deserved of the Nation , by his fresh Victory over these Philistians , did oppose his intent , and withall swore , that an Hair of his Head should not fall to the ●●ound , since that if there were any fault , it was committed meerly ou● of ignorance : behold how the will of the People does clash with the Kings , and how the Peoples will prevailed o●e● his ; and reason good it should , nay , and all this passed in a peac●full manner , without the least Sedition on the Peoples part , and without the least muttering or complaint of the King , that there was any Violence offered him , or any atempt or incroa●hment upon his Authority . Neither does the Power of Ahab appear very much absolute , no more than that of the former King ; forasmuch as he could not possess himself of Naboth's Vineyard , but by the fraud of cursed Jezabel , such as was scarce ever thought of by the basest of men , or by the worst of women : Of Jezabel , I say , who first suggested it , nor could he devise any other means to seize of this piece of Land , but in raising up , and suborning False-Witnesses against this gracious Man , and in causing him to be put to death as a Blasphemer . The Tr●nsactions of the Kings of Judah and of Israel do confirm this verity , where you may see that they drew by their example , their Subjects into Idolatry and all kind of wickedness , according as they were bygotted , and given to it themselves , and did ●eclaim them , and hindred them from falling foul upon these Rocks , according as they kept themselves aloof from them . What was David's sense of his own proper Dignity Royal , is in the next place to be enquired into ; Scripture informs us that he was anointed by Samuel , as Successor to Saul ; howbeit , Saul being gathered to his Fathers , Abner , Captain of the Guard to Saul , placed Ishbosheth , youngest Son of the deceased , upon the Throne of Israel . What does David hereupon ? Why , he wageth war with Ishbosheth , under the notion of Competitor , not as an Usurper , for he never impeached Abner of High-Treason , for taking the Usurper's part , yea , he even solemnized his Obs●quies , condoles his being put to death by Joab , ( because he slew Azael , Joab's Brother , ) with Tears and Praises . Nor did David look upon Ishhosheth as guilty of Usurpation , but pronounced him clear and blameless , yea , and revenged his Death too , tho none of the King 's Anointed , by taking off the Murtherers : From all which , I cannot choose but wonder how ever it could enter into the thoughts of those who stand for Tyranny , to seek refuge for their case , in the History of Saul and David . But the chief Master-Piece of Fawning-Courtiers , on which they lay the greatest stress , seems to be this ; that the Israelites never ejected , or ever called any of their Kings to an account , in a Court of Judicature , although the greatest part of them were very dissolute , wicked , and idolatrous ; but what is lawfull is not according to St. Paul's sense , always expedient . It is the part of a wise man when he designs to set about any business of concern , to have a special regard to time and circumstances , least contriving unwarily , and not timeing it aright , he lose himself , and fall short of his expectation . The Israelites were but rightly served , if they underwent greater punishments then others , who had set over themselves a King , as it were against the will , and even in despite of God : They were even fain to smother and dissemble with their grief for very shame , who had made a Rod for their own back . 'T is also well known , that the Law hath not its force in time of war , nor can that people defend their Laws , when surrounded on all sides with potent Enemies . Moreover it is not in every respect true , that Kings were never any where by the People of Israel thrust from the Throne , for the revolt of the Ten Tribes from Rehoboham , and their election of Jeroboham , is plain down right abdication and deposing . Besides , we read how Athaliah , Mother to Ahaziah , invaded the Royal Chair after her Sons death , possessing it and enjoying it for the space of six years , and was in the end delivered up to be put to death , by the Councel of Jehodada , the High-Priest : We read that Amaziah perished by the conspiracy of the Citizens : of Jerusalem , that those who had a hand in the murther , did not suffer for the same , as was the custom amongst the Jews ; for they usually punished their Servants or Ministers of State , who imbrewed their hands in the King's Bloud , which happened to not a few of them . I must needs confess , that they did not deal justly , and according to the due course of Law , but the Assassinates escaping scotfree , proclaims aloud , that such proceedings , in taking away Amaziah , was allowed of , and acceptable to the People . Again we learn from Holy Scripture , that the management of the Common-weal●h was taken from Vziah , by reason of his Leprosie , and delivered to his Son Jothan . Why should we mention those incomparable Heroes , the Macchabes , who carried on a War with prosperous event , and greater glory , against Antio●hus , otherwise their Liege Lord and Sovereign ; And why ? because they opprest the Jewish Nation with unreasonable cruelty , compelling them to the worship of Idols , by severe Edicts and Pknalties . What , did not the Jews frequently make insurrections against the Romans , under whose jurisdiction they were ? What was it moved the Romans to destroy the whole Jewish Nation , to sack and race the City of Jerusalem , but the high spirit of the Jews not brooking the Roman Yoke . Salmasius indeed confesseth thus much , That as soon as ever the Jews became subject to the Romans Government , they did ever and anon rebel , saith he , , as it were against their implacable Enemies , and subverters of their Laws and Religion . Nor do I ever perceive that the Jews mourned for the massacre of their Kings , but rather bore it with a kind of indifferency , and unconcernedness : They did not rent their Garments , nor put on Sackcloath , nor throw Ashes upon their heads , according as received Custom , when any mournful Accident surprised them ; nay , seldom or never performed any Funeral Rites , by waising and lamentation of the violent death of their Kings . What can we think of the silence of the Rabbies of that Nation , who never so much as expatiated upon the Praises of the Sovereign , forsooth , and almost perpetual power of their Kings ; but on the contrary , we learn from Salmasius , That Moses , M●imon●des puts this difference between the Kings of Israel and those of Judah , David 's Posterity ; that those of David 's Family should judge and be judged , but that the Kings of Israel should not have the power of judging , nor could be judged themselves neither ; and that Sechar had quoted several Testimonies to that purpose . How come such a proud haughty Nation as they were , and no small admirers of their Priviledges , not to be proud of their Kings being inviolable : For so far were they from entert●ining any such conceits concerning them , that in case they should have found them tardy , or committed the least offence against God's Ordinances , they would have cited them before the Sanhedrim , to be whipt with Rods , as well as the High-Priests . I shall subjoin two Passages in this place , which may serve instead of a definitive and decretory Sentence and Determination to all those who suffer not their minds to be prepossest and hoodwinked by prejudice . The first is , that the creation of Kings is more than once ascribed to the People : This may be gathered from the History of Saul , of David , of Solomon , Azariah , Josiah and others . Concerning Rehoboham , Salmasius frankly owneth , The Kingdom now in its infancy , saith he , when Solomon the King●s death was once published and proclaimed , all Israel being assembled to appoint his son King over them , they complained to him , &c. What answer returned he to their just Petition ? Why , he was so far from signifying any compliance with , and favourable acceptance of their Petition ; that he positively threatned to lay heavier burthens upon them , and denounced the punishment of them with Scorpions , whom his Father only chastised with rods . He that was not yet a King to threaten thus , what would he have done if he had once gotten the Crown on his head . I and after the Jews had mightily fallen away from their pristine glory and renown , yet would they not resign up , or be deprived of the priviledge of creating their Leaders : For the Writer of the Book of Macchabees , Lib. 1. cap. 13. gives us a relation of the Election of Simon the valiant , Assoon as the People heard these words their spirits revived , and they answered with a loud voice , thou shalt be our Leader instead of Judas and Jonathan thy brothers ; fight thou our battles , and whatsoever thou commandest , that will we do . Now what man so void of reason as to imagine that all they depended upon the absolute will and pleasure of Kings , who conferr'd this Dignity Royal upon Kings ? What , do the People reserve no right to the thing that they themselves create ? The other also we produce from Scripture , which plainly forbids the doing wrong to the People , for the Scripture teacheth us , that they and Kings are bound and stand obliged to one another , by the mutual and interchangeable Bonds of a Covenant . All the Elders of Israel came together before the King in Hebron , and David made a Covenant with them , before the Lord in Hebron ; they first treated concerning the conditions , upon which the Son of 〈◊〉 should have the Scepter bestowed on him , and this Treaty was between Abn●r and the People ; in the first place Abner exhorts the people , and puts them upon conferring the Kingdom upon David ; afterward he prevaileth upon them to gratifie his desire ; presently he hath recourse to David , produce●h before him the result of the Treaty , that they have given their consent ; David signs and agrees to it ; the Agitator between the Parties , together with his Associates , having been splendidly and chearfully entertained : Abner having got what he would have had , and all things necessary to usher in the business thus happlly concluded , I will arise , saith he , to David , I will go and gather together to my Lord , the King. all Israel , that they may make a Covenant with thee : nor did the High-Priest Jehodadah in any other manner advance Josiah to the Throne of his Ancestors ; for he made him and the people mutually to contract and bargain together . CHAP. V. Wherein are examined those Passages of the New-Testament , which our Adversaries endeavour to draw to their purpose . HAving thoroughly sifted and discussed all the Succours that reinforce their Cause , out of the Old Law , Let us now see whether or no the New-Law be more favourable to them than that : They judge that Precept of our Saviour's , Give unto Caesar the things that are Caesar's , as the most material , and all in all , in this their Cause . But if I understand Christ's meaning , this famous Oracle of his doth rather make against our nonresistant Parasites than for them : For our Saviour doth not say all things are Caesar's , but before he would answer this nice and cunning Demand , he thought it best to look upon the Inscription of the Medal ; nor is there any question to be made , but that if the Image and Superscription had been Herod's , ( such was the exactness of his Justice ) he would have commanded to render unto Herod the things that were Herod's : Wherefore if the things that are Caesars are to be rendered to Caesar : Now if Caesar exact those things for his own , which are not so , by the Precept of Christ , or at least the Precept standing good and in force , they may be denied him ; but the Honour , Life and Esta●es of Subjects are not Caesar's : The Subjects are liable , in some respect in duty bound , to maintain his Dignity and Prerogatives with all these . They are therefore obliged not to grudge venturing their Life and Fortune , but it is to be at the disposal of the Nation , and not as the Prince pleaseth , But now the reason why we are commanded in the Holy Scriptures to honour Kings , and even to obey them in such things as are harsh , and cross our Inclination● , to pay Taxes , to pour our Prayers and Supplications for them , this , if I am able to judge , doth not at all make for Absolute Power ; for we are commanded to exhibit Honour to whom Honour , Tribute to whom Tribute , Fear to whom Fear is due ; to strive to outstrip one another in well-doing , to pray for all men . I would fain know if any one can deny but this is also due to Democratical Government ; it is a thing granted by all Christians in general , that all Honour and Reverence is to be paid to Princes , even to bad ones , so long as they sway the Scepter , provided they do not incroach upon the Rites of God Almighty , nor meddle with the Spiritual Concerus . But herein lies the main stress of the Question , and turns upon this Hinge ; Whether or no Princes , not using their Power as they should do , and not administring the Common-wealth aright , may forfeit their Regal Power ; if they do so forfeit , as we have before sufficiently cleared , we do contend that they may incur the Penalty of being discarded , and we do readily consent with the Council of Basil in the same , Cui piae non predest correctio , debita ei non parcat abscissio ; to him whom pious correction does no good , let not a deserved cutting off spare him , if so be it be once by the States of the Nation declared , that they have forfelted their Government ; but I do not think it fit for any private Person , nor lawfull for divers particular Persons together to pass this Sentence , even as it is not lawfull for any private Person to introduce a new form of Government into the Common-wealth ; but it is generally allowed by all , that this belongs to the whole Nation , or at least to the better part of it . But to the end we may cut off all means and occasions from our Adversaries , of expecting any relief for the future from the New-Testament ; those Precepts by which we are instructed in our Duty towards Princes and Magistrates , are to be explained by three Observations . 1st . Those Precepts as we observe , are recommended and enjoined to all who are in Authority over others , without exception . Now the Authority of those that bear rule , is not one and the same in all Nations ; therefore the Laws of every Nation standing in full force and vertue , holy men would introduce their own Laws without prejudice to the other . 2ly . The Apostles Rules respect particular men , not the whole Lump and Mass of any particular Nation : For at such time as they were delivered , the Church did not compose any body politick , nor did compose any , till a long time after ; nay , even the Apostles Authority was odious , and suspected by all Nations . 3ly . The Apostles had nothing to do to determine what Laws every Nation were to make use of ; for our Blessed Lord would not have it , that his Church should make us any politick particular Government ; for since it was to be propagated through all parts of the world , which according to the various disposition and humours of the People , the forms of Government do very much differ , nay , and sometimes are quite contrary one to another ; it was but convenient that the Apostles should leave the administration of Government to it self with this proviso , that it should not contain any thing in it that might seem repugnant to the Tenure of the Gospel . CHAP. VI. Wherein is treated of the first Ages of the Christian Church . BUT now because in the three first Centuries , out of an unparallell'd example of humility and patience , Christians never made the least insurrection against the Heathen Princes , by whom notwithstanding they were most barbarously and sundry ways tortured ; this does not at all infringe or invalidate the force of our Argument , for they were no ways in a capacity of behaving themselves any otherwise , being destitute of Force , and all along subject wheresoever they were to their Enemies ; but we lose not one jot of our right , when we are debarr'd the use of it either by open force or any other insuperable way whatsoever , yet one or other may object , that the Christians might have entered into Confederacy with the most moderate Heathens against those who were cruellest and most violent , yet neither was it expedient for the Christian Religion to subdue the World to it self ; it was a piece of indecency , for if after this manner to gain Triumphs over Idolatry , but so soon as ever it got the upper-hand of the World by abundance of patience and conspicuously eminent good living , and became , that I may use the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the prevailing Doctrine , then did God out of his tender mercy grant Princes to his Church , who might be able not only to secure them and defend them from the Heathen , but even from bad Christians too . Now at this day we are by God's blessing in the same prosperous Condition , and without all paradventure , Christians may now use that Authority wherewith they are impowered by God. But if any man shall pretend to scandalize or blame our Cause , for not having summoned all those they called Fathers , to give evidence to strengthen our Cause in hand , let him content himself with this Reply ; That we have already given an account of the three first Ages : But as for the succeeding Ages , Constantin the Great will answer for us , who levied war in Christ's Name against Maxentius and Licinius , and managed it all along accompanied with Soldiers that were Subjects to both those Tyrants ; who , upon the account of his noble and famous Exploits , in behalf of Christendom , is celebrated by the Praises and Encomiums of all the Fathers . It will not be much to deviate from our purpose , if we bring in , and join to Constantin , Constans the youngest of all his Sons , who had some thoughts of going to war with Constantius his brother , being an Arrian for the restoring of Athanasius , and the rest of the Orthodox Bishops to their Seas , but was prevented by death . So that I cannot but admire the maintainers of Tyranny should be so blind amidst so clear light , and that with such an impudent confidence should , what in them lies , bear down and oppres● manifest Truth ; and should peremptorily assert , That till Augustines time , and not till after that time too , that there was no mention extant in History of any private person , who assassinated his King , or took up Arms against him ; that not the least Cabal of Christian Conspirators durst ever dare to do the same , even to the most Pagan King ; much less did any of the Peers of the Realm , ever pretend to stain his Conscience with the like wicked cruelty : When it plainly appears by the History of all those Times , that Magnentius , who listed himself under the Banner of Christ , did cruelly and barbarously murther Constans Augustus , his Benefactor , and an Orthodox Emperor : And when it is certainly true , that Maximus , who was also in the List of Christians , did treacherously slay Gratian a Christian , and one of the best Emperours . And to name no more , it is evident that the most Christian King Theodesius did cu● off Maximus the Tyrants head , who was the Murtherer of Gratian , after he had overcome him in War , and taken him Prisoner . Now we have produced all these before the Age St. Augustine lived in , not that we subscribe to , and approve of all these ( God forbid a Christian should be possessed with such a perver●e idle Spirit ) but only to prove by the way , that this was matter of fact , which our Adversaries has the face to deny . And indeed if any one , who is not prejudiced , shall peruse Ecclesiastical History , he stall find , that the primitive Christians , who were eminent for Authority and power , did no less exercise it , than those now a dayes : besides the Christians of the first th●ee Cent●ries did not stop the cariere of Tyrants by force of Arms , but by their Christian and vertuous Piety ; not that God would have them divested of that authority the Law of Nature granted to all Nations , but it so seemed good to his Wisdom , that he might instruct all Nations , that Christs Kingdom was Spiritual , and that the World was to be brought under his dominion only by Spiritual Warsare ; but when the World was subdued to Christ , the Church scattered ●ar and wide over the face of the whole Earth , then it became very like to the Net in the Gospel , that inclosed abundance of good and bad Fish . God out of his infinite goodness did graciously grant them Christian Kings and Magistrates , whose business was to separate the good Fish from the bad , who should conduct and rule the numerous Church , as a well Disciplined Army : Moreover I desire you , to take Notice of one thing more , which puts this Truth beyond all exception , and that is this , that the Christians of the first three Centuries , did never suppress Hereticks by force of Armes ; but after they had once got the management of Supream Affairs in their own Hand , they soon supprest , not only Hereticks , but even Schismaticks too by Armes . I , and St. Augustin himself sounded the charge to this Battle , which I do not so much approve of . It does therefore evidently appear , that the Christians of the Primitive Church , supposing the Power of the Sword annexed to Magistracy , did forbear using it , whilst they were destitute of a Christian Magistracy ; but when once they were Subject to a Christian M●gistracy , Christian Religion did never deprive its Disciples of the Natural 〈◊〉 Civil Law ; and they publickly made appear , that Christ came not into the World to destroy and subvert Nature , but for the correcting and bettering of it . Away then with your Plagues of Mankind , who , that they may curry favour with Tyrants , have the impudence to bring back into more then Egyptian Slavery , those whom God hath brought out of the House of Bondage , whom Christ hath redeemed with his Precious Blood , that they should no longer be under servitude to Man. And now methinks , we have abundantly evinced , both by the Decrees of the Councils , and by constant usage and practice , as well as by the Laws of Nations , by the determinations of the Doctors , by the confession of Emperours and Kings , and last of all by the T●stimony of the Holy Scriptures , that Tyrants may be deposed , that the unruly d●●ires of Kings may be restrained by the Laws . It doth therefore plainly appear , from the Premises , that the Parliament of England , did very wisely and seasonably provide for the good of the Commonwealth , when they rejected James the Second , who trod both Divine and Humane Laws under foot , and in putting that Pious and Magnanimous Prince , that Just Defender of the Faith , and of the Laws ; yea , and true Heir to the Crown , in his stead . We shall not wander abroad , to search here and there for Examples and Testimonies beyond the Christian World ; for since that the matter is to be tryed before Christians , and Christian Judges , reason requires , that it should be decided by Christian Laws . We have cull'd out from that plentiful Stock of Arguments , the choicest , and such as seem to have been offered to the World with the most mature Judgment , in which Examples , Conscience and the Publick Benefit , would very well agree and conspire together . We omit those , that either have too much to do with popularity , or preposterous violence and heat , and such which smell too strong of Popish Tyranny , lest we should occasion scruples to some good Men , and administer any cause of wrangling or quarrelling to our Adversaries ; and if I be not much mistaken , I have so explained and cleared the History of Saul and David , that from it , I hope , for the future , those passive obedient Parasites of Tyrants will not expect to find any thing to encourage them . The Appendix to this small Treatise . WHen I had quite made an end of this small piece , I accidentally met with the posthumous Work of Edmond Richer , Doctor of the faculty of Paris , no obscure person , touching Ecclesiastical Power in Temporal Matters , it was published at Cologne Anno 1691. wherein he makes as if he would lay some foundation for the absolute Power of the King , but defends it with such sorry pitiful Arguments , that altho he had a mind to sacrifice Truth to Regal Power , yet in spight of his Teeth , Truth ( for it 's stronger than any King ) will bravely hold up its Head against Error : nor would I have you take my word for it ; let him have a● hearing , bringing in his Evidence for Truth . As to the Second Doubt , saith he , I grant that every Commonwealth standeth upon its own Legs , and is sufficient for its self , by Divine and Natural Right should it be either a Republick or a Monarchy , so it be done by a free Consent of the Estates , and the Publick Peace kept , for by what Right it doth by the undnimous consent of all , chuse freely a Prince , by the same Right also may it abrogate and disown that Prince , provided that in so abrogating , the Publick Tranquility and Peace be not disturbed ; for if the Publick Peace suffer thereby , it is far the wiser course to rest satisfied , and endure the Grievances and Tyranny of one single person than of many , conformable to that Precept of our Blessed Lord , not to plu●k up the Tares with harm to the Wheat . In this Thesis , Richerius does not only settle and maintain the Right inherent to the People to depose ill Princes , but does also mightily approve of the late change that happened in the British affairs as lawful : For Charles the Second dying without lawful Issue , it was in the Parliaments Power , either to elect or refuse James the Second , by reason of his great averseness to the True Religion , it was therefore in the Parliaments Power to eject him ; but they ejected him as one who did not administer aright ; neither was the Peace and Tranquility disturbed in so abrogating him , neither were there more Tyrants placed in his stead , but the true rightful Heirs to the Crown William and Mary ; and by rooting up the greatest part of the Tares , no damage to the Wheat ensued ; yea it becau●e more pure and clean , therefore Richerius could have desired nothing more in this Revolution . Furthermore , the said Richerius tells us , that as well Reason as the Practice of the Primitive Church do confirm , that it is altogether unlawful to shock the Peace and Quiet of the Publick , only upon the acco●nt of a Princes oppressing or forsaking the Religion professed and established by his Predecessors , unless at the same time he injure the Peace , with the State of the Kingdom . We have before lookt into the reason it self , and constant practice of the Primitive Church ; but for all that , Richerius must needs confess that it is Lawful to restrain one that does injury to publick Tranquility . But this great Parisian Doctor useth a strange kind of distinction , Except it so fall out , saith he , that he violate or corrupt the Peace , together with the state of the Kingdom : He seems to make small account of Religion , who supposeth that the Religion of a Kingdom may be supprest , and that yet the Peace of the Kingdom may not b● disturbed and destroyed ; the good man knows that Religion is one of the tenderest things in the World ; and thus you see how Truth uses to compel the Maintainers and Abettors of Falshood to acknowledge her ; and even , whether they will or no , to extort an evidence for her against themselves . Give me leave now to finish this Appendix with Richerius's own Words , We must conclude then , says he , that it is one of the greatest Miracles that can possibly happen t● Mankind in any Civil Society , to be blest with a good Prince , which God out ●● his mercy bestows on them , as he gives ill Princes in his wrath . O Fortunates nimium , sua si bona norint Anglicolas — What mighty blessings may the English find , If to their happiness they are not blind . Gloria Deo in Excelss . Notes, typically marginal, from the original text Notes for div A42629-e620 From Binius . Conc. Tolet. 4. c. 74. By others Cintillanus . VI. Conc. Toled . c. 3. Eighth Synod of Toledo , a Law of King Beccesuinthus enacted . VIII . Synods Universal Decree in the Name of the Prince . * XII . Synod . Toledo . c. 2. to . ward the end . Salmat ▪ is mistaken , who in defence , R. C. 4. p. 144. Printed 1652. affirms that Pope Zacharius was the first who absolved People from the Oath of Allegiance , since that was done by this Synod seventy Years before Zacharias , who lived seventy Years , who lived about the middle of the eighth Century . XIII . Toled . Synod . Flavius Ervigius to the Holy Fathers . Mezeray in the ● life of Child . the 3 d. Idem in the life Lewis the pious . Psal . 110. 4. Heb. 6. 16. To Volusius Praefect of the Praetorium . Aen. Sylv. de gestis Concil . Basil . l. 1. f. 4. in fasciculo rerum Expeterdarium & faciendarum Pristinae Editionis . T●o 2a . 2ae quest . 12. art . 22. at the end . 2a . 2ae . quest . 10. art . 10. & quest . 12. 2. Joan. Gerson edit . Paris 1606. fo . 79. 8. & sequent . art . Prima veritas . Secund. Verit. Tert. Ve●is . VII . Consider . In his Treatise of Guelph and Gibellin . Bellermin . in Exca sat . Bar claij ca. 22 in princip . Ibidem in 3. respons . Torrensis d● sum . Pontif supra co●●ilij auth●●itate . Anal. divin . fidei . l. 2. c. 9. corallar . de homine in so●ietate constitute . 〈…〉 20. Be●an in controver Angl. p. 120. Edit . p●im . Joan. Albint 1612. Ma●ian . l. 1. de institut . Regis c. 6. S●ar . desenfidei Catholic . l 3. c. 3. & lib. 6. c. 4. Instit , l. 1. c. 2. Tit. 2. Lipside Constan . Lib. 2. Cap. 29. Salmatius Edmund Riche●ius . Mem. de du Tillet . in the Chapter of the Coron●tion of Kings . Deut. 17. 15. Matth. 17. 25. Instit . l. 1. Tit. 8. c. 2. Exod. 21. This is an incomp●●able D●monstration and not to be ●vaded . Antonin . was an Heachen . Grot de jure belli & pa● . l. 1. c. 4. n. 7. Salm. cap. 5. p. 164. G●●t . ut supra , He reckons seven causes why he may be removed from the Throne Salm. c. 7. p. 24. C●un . Constan s●ssion 4. and 5. Basil . 12. and 18. A●bas Vrsparg . Chron. p. 46. Lewis of Bavaria , Winceslaus and others . Javenal 13. Sat. 13. Milton against Salmatius . Amongst which we reckon Gerson Aen. Syl. and late writers Edm. Richer . Elias du Pin. and many others . Add to these Beller . Peron . Torrensis and many Jesuits . Cap. 2. p. 43. 44 , 45 , 46. Deut. 17. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 1. p. 4. Grotius vide supra . Cap. 6. p. 195. ● . Sam. 24. 1 Sam. 26. 1. Sam. 24. 2 Sam. 3 1 Kings 21. 2 Sam. 2. 2 Sam. 3. 2 Sam. 4. 2 Kings 11. 2 Chron. 25. 2 Kings 14. Chap. 4. p. 121 , 122. Cap. 2. p. 50 , 51 and 55. Majmonidt , Halac Melac . Cap. 3. 1 Sam. 11. 1 Kings 11. 2 Kings 12. 2 Kings 14 and 21. Salmas . cap. 4. p. 111 , 112. Cap. 13. 2 Sam. 3. 2 Kings 11. Vales in Eusebium in Hist . Eccles . lib. 4. cap. 7. Up and down in Ec●le● . Histr . Salmas . cap. 4. p. 138.