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A DEFENCE OF THE People of ENGLAND, BY JOHN MILTON: In ANSWER to Salmasius's Defence of the King.
Printed in the Year 1692.
TO THE ENGLISH READER.
THE Author of this Book is sufficiently known, and so is the Book it self, both at Home and Abroad, to the Curious and Inquisitive; but never having been rendred into English, many, whose Veneration for the Author would induce them to read any thing of his, and who could not máster it in the Language in which he wrote it, were deprived of the plea∣sure of perusing it, and of the Information they might justly expect from it. To gratifie them it is, that this Translation, long since made, is now published; for the person who took the pains to Translate it, did it partly for his own private entertainment, and partly to gratifie one or two of his Friends, without any design of mak•… it publick, and is since deceased: And the Pub∣lisher thinks it necessary to advertise the Reader some few things concerning it.
Page [unnumbered]As First, That the Author does with a great Freedom of Language, and Strength of Reason, detect the Fallacy of all the Cobweb Arguments made use of by the Flatterers of Princes, to prove their Power to be derived immediately from God, and to be superior to that of the Law, whether deduced from Scripture, Reason, or Authority.
Secondly, That whereas some things are in∣serted, that contain Personal Reflections upon the late King Charles the First, and pains taken to justifie all the Proceedings of the Parliament from first to last, which may sound harsh in some of our ears; the Reader ought to consider the time when these things were written, and the oc∣casion of the Author's Undertaking this Defence, which were such as put him under a necessity of Vindicating whatever his Masters had done. The Translator has not gelt him, nor was the Publisher willing to do it; especially since the Book has for many years been so publick, tho in another Lan∣guage. And the great Use which it yields for the most part, ought not to be lost, because some things are here and there interspersed, which the •…blisher could wish there had been no occasion for.
Thirdly, That some Passages here and there may seem obscure, because the Author presuppo∣seth
his Readers to have read Salmasius; to some or other of whose Authorities and Reasons, such Passages relate.
Fourthly, That where Salmasius's words are inserted, they are, for the most part, if not al∣ways in Italick: Tho the Coherence of the Dis∣course would sufficiently disclose to one that reads with care, when Salmasius speaks, and when the Author.
Fifthly, That if the Author may seem to lay aside even rules of Decency in treating his Ad∣versary, whom indeed he ridicules and exposes with a great deal of Smartness, Freedom, and Contempt, it must be considered, That the Au∣thor wrote on the behalf, and in Defence of the Powers then in being, and in answer to a priva•e person, who had loaded them with all Reproaches imaginable, and who could not possibly give worse language to the meanest, the most contemptible, and the most unworthy person upon earth, than he does in his Defensio Regia, to men that had then the Government of one of the most Potent Na¦tions in Christendom.
Sixthly, That the Translator has kept perhaps too close to his Copy, and not taken that liberty which is allowed to a Translation, especially in
the angry and peevish parts of it: But it's ho∣ped the Faithfulness of the Translation may in some measure recompence for that; and it is very well known to those that knew him, that he nei∣ther could, nor did pretend to lash so well in Eng∣lish, as the Author could in Latin.
Lastly, That some of the Author's Sarcasmes depending upon the sound and ambiguity of Latin words, do (as they needs must) lose their Beau∣ty and Elegance in a Translation.
THE AUTHOR'S Preface.
ALTHO I fear, lest, if in defending the People of England, I should be as copious in Words, and empty of Matter, as most Men think Salmasius has been in his Defence of the King; I might seem to deserve justly to be accounted a verbose and silly Defender; yet since no Man thinks himself obliged to make so much haste, tho in the handling but of any ordinary Subject, as not to pre∣mise some Introduction at least, according as the weight of his Subject requires; if I take the same course in handling well-nigh the greatest Subject that ever was, without being too tedious in it, I am in hopes of attaining two things, which indeed I earnestly desire: The one, not to be at all wanting, as far as in me lies, to this most Noble Cause, and most worthy to be recorded to all future Ages. The other, That I shall appear to have avoided my self, that fri∣volousness of Matter, and redundancy of Words, which I find fault with in my Antagonist. For I am about to discourse of Matters, neither inconsiderable nor common, but how a most Potent King, after he had trampled upon the Laws of the Nation, and given a shock to its Religion, and was ruling at his own Will and Pleasure, was at last subdu'd in the
Field by his own Subjects, who had undergone a long Slavery under him; how afterwards he was cast into Prison, and when he gave no ground, ei∣ther by Words or Actions, to hope better things of him, he was finally by the Supreme Council of the Kingdom condemned to dye, and beheaded before the very Gates of the Palace. I shall likewise re∣late, (which will much conduce to the easing mens minds of a great Superstition,) by what Right, espe∣cially according to our Law, this Judgment was gi∣ven, and all these Matters transacted; and shall easily defend my Valiant and Worthy Countrymen, and who have extremely well deserved of all Subjects and Na∣tions in the World, from the most wicked Calumities both of Domestick and Foreign Railers, and especial∣ly from the Reproaches of this most vain and empty Sophister, who sets up for a Captain and Ringleader to all the rest. For what King's Majesty sitting upon an Exalted Throne, ever shone so brightly, as that of the People of England then did, when shaking off that old Superstition, which had prevailed a long time, they gave Judgment upon the King himself, or ra∣ther upon an Enemy, who had been their King, caught as it were in a Net by his own Laws (who alone of all Mortals challenged to himself impunity by a Divine Right) and scrupled not to inflict the same punishment upon him himself, being guilty, which he would have inflicted upon any other. But why do I mention these things as performed by the People? which almost open their Voice themselves, and testify the Presence of God throughout. Who, as often as it seems good to his Infinite Wisdom, uses to throw down proud and unruly Kings, exalting themselves above the Condition of Humane Nature, and utterly to ex•irpate them and all their Family.
By his manifest Impulse being set on work to recover our almost lost Liberty, following him as our Guide, and adoring the impresses of his Divine Power mani∣fested upon all occasions, we went on in no obscure, but an illustrious Passage, pointed out, and made plain to us by God himself. Which things, if I should so much as hope by any diligence or ability of mine, such as it is, to discourse of as I ought to do, and commit them so to writing, as perhaps all Nations and all Ages may read them, it would be a very vain thing in me. For what stile can be august and mag∣nificent enough, what man has parts sufficient to undertake so great a Task? since we find by Experi∣ence, that in so many Ages as are gone over the World, there has been but here and there a man found, who has been able worthily to recount the Actions of Great Heroes, and Potent States; can any man have so good an opinion of himself, as to think himself capable to reach these glorious and won∣derful Works of Almighty God, by any Language, by any stile of his? Which Enterprize, though some of the most Eminent Persons in our Commonwealth have prevailed upon me by their Authority to under∣take, and would have it be my business to vindicate with my Pen against Envy and Calumny (which are proof against Arms) those Glorious Performances of theirs (whose opinion of me I take as a very great honour, that they should pitch upon me before others to be serviceable in this kind to those most Valiant Deliverers of my Native-Countrey; and true it is, that from my very youth I have been bent extremely upon such sort of Studies, as inclin'd me, if not to do great things my self, at least to celebrate those that did) yet as having no confidence in any such Advantages, I have recourse to the Divine Assistance; And invoke
the Great and Holy God, the Giver of all good Gifts, that I may as substantially, and as truly, dis∣cuss and refute the Sawciness and Lies of this Fo∣reign Declamator, as our Noble Generals piously and successfully by force of Arms broke the King's Pride, and his unruly Domineering, and afterwards put an end to both by inflicting a memorable Punish∣ment upon himself; and as throughly as a sin∣gle person did with case but of late confute and con∣found the King himself, rising as it were from the Grave, and recommending himself to the People in a Book publish'd after his death, with new Artisices and Allurements of Words and Expressions. Which Antagonist of mine, though he be a Foreigner, and, though he deny it a thousand times over, but a poor Grammarian; yet not contented with the Salary due to him in that Capacity, chose to turn a Prag∣matical Coxcomb; and not only to intrude in State-Affairs, but into the Affairs of a Foreign State: tho he brings along with him neither Modesty, nor Un∣derstanding, •or any other qualification requisite in so great an Arbitrator, but Sawciness, and a little Grammar only. Indeed, if he had publish'd here, and in English, the same things that he has now wrote in Latin such as it is, I think no man would have thought it worth while to return an Answer to them, but would partly despise them as common, and exploded over and over already, and partly ab∣hor them as sordid and Tyrannical Maxims, not to be endured even by the most abject of Slaves; Nay, men that have even sided with the King, would have had these thoughts of his Book. But since he has swol'n it to a considerable bulk, and dispers'd it a∣mongst Foreigners, who are altogether ignorant of our Affairs and Constitution; it's sit that they who
mistake them, should be better informed; and that he, who is so very forward to speak ill of others, should be treated in his own kind. If it be asked, why we did not then attack him sooner, why we suffered him to triumph so long, and pride himself in our si∣lence? For others I am not to answer; for my self I can boldly say, That I had neither had words nor Arguments long to seek, for the defence of so good a Cause, if I had enjoyed such a measure of health, as would have endur'd the fatigue of writing. And being but yet weak in Body, I am forced to write by piece-meal, and break off almost every hour, though the Subject be such as requires an unintermitted study and intenseness of mind. But though this bodily In∣disposition may be a hindrance to me in setting forth the just Praises of my most worthy Countreymen, who have been the Saviours of their Native Country, and whose Exploits, worthy of Immortality, are al∣ready famous all the World over; yet I hope it will be no difficult matter for me to defend them from the Insolence of this silly little Scholar, and from that sawey Tongue of his at least. Nature and Laws would be in an ill case, if Slavery should find what to say for it self, and liberty be mute: and if Ty∣rants should find men to plead for them, and they that can master and vanquish Tyrants, should not be able to find Advocates: And it were a deplorable thing indeed, if the Reason Mankind is endu'd withal, and which is the gift of God, should not furnish more Arguments for mens Preservation, for their De∣liverance, and, as much as the nature of the thing will bear, for making them equal to one another, than for their oppression, and for their utter ruine under the Domineering Power of One single Person.
Let me therefore enter upon this Noble Cause with a chearfulness, grounded upon this Assurance, That my Adversary's Cause is maintain'd by nothing but Fraud, Fallacy, Ignorance and Barbarity; whereas mine has Light, Truth, Reason, the Practice and the Learning of the best Ages of the World, of its side.
But now, having said enough for an Introduction, since we have to do with Criticks; let us in the first place consider the Title of this Choice Piece: Defensio Regia pro Car. Primo, ad Car. Secundum. A Royal De∣fence (or the King's Defence) for Charles the First to Charles the Second. You undertake a wonderful piece of work, whoever you are; to plead the Father's Cause before his own Son: a hundred to one but you carry it. But I summon you, Salmasius, who here∣tofore sculk'd under a wrong name, and now go by no name at all, to appear before another Tribunal, and before other Judges, where perhaps you may not hear those little Applauses, which you use to be so fond of in your School. But why this Royal De∣fence dedicated to the King's own Son? We need not put him to the torture; he confesses why. At the King, charge, says he. O mercenary and chargeable Advocate! could you not afford to write a Defence for Charles the Father, whom you pretend to have been the best of Kings, to Charles the Son, the most indigent of all Kings, but it must be at the poor King's own Charge? But though you are a Knave, you would not make your self ridiculous, in calling it the King's Defence; for you having sold it, it is no longer yours, but the King's indeed: who bought it at the price of a hundred Jacobusses, a great Sum for a poor King to disburse. I know very well what I
say; and 'tis well enough known who brought the Gold, and the Purse wrought with Beads: We know who saw you reach out greedy fists, under pretence of embracing the King's Chaplain, who brought the Pre∣sent, but indeed to embrace the Present it self, and by accepting it to exhaust almost all the King's Trea∣sury.
But now the man comes himself, the Door creaks; the Actor comes upon the Stage.
In silence now, and with attention wait,
That yee may learn what th' Eunuch has to prate.
For whatever the matter's with him, he blusters more than ordinary. A horrible message had lately struck our Ears, but our minds more, with a heinous wound con∣cerning a Parricide committed in England in the Person of a King, by a wicked Conspiracy of Sacrilegious men. In∣deed that horrible Message must either have had a much longer Sword, than that which Peter drew, or those Ears must have been of a wonderful length, that it could wound at such a distance; for it could not so much as in the least offend any Ears but those of an Ass. For what harm is it to you, that are Fo∣reigners? are any of you hurt by it, if we amongst our selves put our own Enemies, our own Traytors to death, be they Commoners, Noble men, or Kings? Do you, Salmasius, let alone, what does not concern you; for I have a horrible Message to bring of you too; which I'm mistaken if it strike not a more heinous wound into the Ears of all Grammarians and Criticks, provided they have any Learning and Delicacy in them: To wit, your crowding so many Barbarous Ex∣pressions together in one period in the person of (Ari∣starchus) a Grammarian, and that so great a Critick as
you, hired at the King's charge to write a Defence of the King his Father, should not only set so fulsome a Preface before it, much like those Lamentable Ditties, that used to be sung at Funerals, and which can move compassion in none but a Cox-comb; but in the very first sentence should provoke your Readers to laugh∣ter with so many Barbarisms all at once. Persona Re∣gir, you cry. Where do you find any such Latin? Or are you telling us some tale or other of a Perkin Warchick, who taking upon him the Person of a King, has, forsooth! committed some horrible Parricide in England? Which expression, though dropping care∣lesly from your Pen, has more truth in it, than you are aware of. For a Tyrant is but like a King upon a tage a man in a Vizor, and acting the part of a K•ng in a Play; he is not really a King. But as for thes•Gallicisms, that are so frequent in your Book, I w•…t lash you for them my self, for I am not at lei∣sure; but shall deliver you over to your fellow Gram∣marians, to be laught to scorn and whipt by them. What follows is much more heinous, that what was decreed by our Supreme Magistrates to be done to the King should be said by you to have been done by a wicked Conspiracy of Sacrilegious persons. Have you the impudence, you Rogue, to talk at this rate of the Acts and Decrees of the chief Magistrates of a Na∣tion that lately was a most Potent Kingdom, and is now a more Potent Commonwealth? Whose pro∣ceedings no Ring ever took upon him by word of mouth, or otherwise to vilifie and set at nought. The Illustrious States of Holland therefore, the Ge∣nuine Off spring of those Deliverers of their Coun∣try, have deservedly by their Edict condemn'd to utter darkness this Defence of Tyrants, so perni∣cious to the Liberty of all Nations; the Author of
which every free State ought to forbid their Country, or to banish out of it; and that State particularly, that feeds with a Stipend so un∣grateful and so savage an Enemy to their Com∣monwealth; whose very Fundamentals and the causes of their becoming a free State, this Fellow endeavours to undermine, as well as ours; and at one and the same time to subvert both; and loads with Calumnies the most worthy Asserters of Liberty there, under our Names. Consider with your selves, ye most Illustrious States of the United Netherlands, who it was that put this As∣serter of Kingly Power upon setting Pen to Pa∣per; who it was, that but lately began to play Rex in your Country; what Counsels were taken, what endeavours used, and what distur∣bances ensued thereupon in Holland; and to what pass things might have been brought by this time; how Slavery and a new Master were ready prepar'd for you, and how near expiring that Li∣berty of yours, asserted and vindicated by so ma∣ny years War and Toil, would have been, e're now, if it had not taken breath again by the timely death of a certain rash young Gentleman. But our Author begins to strut again, and to feign wonderful Tragedies; Whomsoever this dread∣ful news reacht (to wit, the news of Salmasius his Parricidial Barbarisms) all of a sudden, as if they had been struck with lightning, their hair stood an end, and their tongues clove to the roof of their mouth, Which let Natural Philosophers take notice of (for this secret in nature was never discovered be∣fore) that lightning makes mens hair stand an
end. But who knows not that little effeminate minds are apt to be amaz'd at the news of any extiaordinary great Action; and that then they show themselves to be what they really were before, no better than so many Stocks. Some could not refrain from tears; some little Women at Court, I suppose, or if there be any more effemi∣nate than they, of whose number Salmasius him∣self being one, is by a new Metamorphosis become a Fountain near akin to his Name (Salmacis) and with his counterfeit flood of tears prepared over night, endeavours to emasculate generous minds: I advise therefore, and wish them to have a care,
—Infamis ne quem malè fortibus undis
—Ne, si vir cum venerit, exeat indè
Semivir, & tactis subitò mollescat in undis.
Abstain, as Manhood you esteem,
From Salmacis pernicious Stream:
If but one moment there you stay,
Too dear you'l for your Bathing pay,—
Depart nor Man nor Woman, but a Sight
Disgracing both, a loath'd Hermaphrodite.
Page xiThey that had more courage (which yet the expresses in miserable bald Latin, as if he could not so much as speak of men of courage and Magnanimity in pro∣per words) were set on fire with indignation to that degree, that they could hardly contain themselves. Those furious Hectors we value not of a rush. We have been accustomed to rout such Bullies in the Field with a true sober courage, a courage becoming men that can contain them∣selves, and are in their right Wits. There were none that did not curse the Authors of so Horrible a Villany. But yet, you say, their tongues clove to the roof of their mouths; and if you mean this of our Fugitives only, I wish they had clove there to this day; for we know very well, that there's nothing more com∣mon with them, than to have their mouths full of Curses and Imprecations, which indeed all good men abominate, but withal despise. As for others, it's hardly credible, that when they heard the news of our having inflicted a Capital Punishment upon the King, there should any be found, especially in a Free State, so naturally adapted to Slavory, as either to speak ill of us, or so much as to censure what we had done: Nay, 'tis highly probable, that all good men applauded us, and gave God thanks for so il∣lustrious, so exalted a piece of Justice; and for a cau∣tion so very useful to other Princes. In the mean time, as for those fierce, those steel hearted men, that, you say, take on for, and bewall so pitifully, the la∣mentable and wonderful death of I know not who; them, I say, together with their tinkling Advocate, the dullest that ever appeared, since the Name of a
King was born and known in the world, we shall e'en let whine on, till they cry their eyes out. But in the mean time, what School-boy, what little insig∣nificant Monk could not have made a more elegant Speech for the King, and in better Latin than this Royal Advocate has done? But it would be folly in me to make such particular Animadversions upon his Childishness and Frenzies throughout his Book, as I do here upon a few in the beginning of it; which yet I would be willing enough to do (for we hear, that he is swollen with Pride and Conceit to the ut∣most degree imaginable) if the ill-put-together and immethodical bulk of his book did not protect him: He was resolved to take a course like the Soldier in Terence, to save his Bacon; and it was very cunning in him to stuff his Book with so much Childishness, and so many silly whimsies, that it might nauseate the smartest man in the world to death, to take notice of 'em all. Only I thought it might not be amiss to give a specimen of him in the Preface; and to let the serious Reader have a taste of him at first, that he might guess by the first dish that's serv'd up, how noble an Entertainment the rest are like to make; and that he may imagine within himself what an infinite number of Fooleries and Impertinencies, must heeds be heaped up together in the body of the Book, when they stand so thick in the very Entrance into it, where of all other places they ought to have been shunned. His tittle-tattle that follows, and his Ser∣mons fit for nothing but to be worm eaten, I can ea∣sily pass by; as for any thing in them relating to us, we doubt not in the least, but that what has been written and published by Authority of Parliament,
will have far greater weight with all wise and sober men, than the Calumnies and Lies of one single im∣pudent little Fellow; who being hired by our Fugi∣tives, their Countrey's Enemies, has scrap'd together, and not scrupled to publish in Print, whatever little Story any one of them that employed him, put into his head. And that all men may plainly see how little conscience he makes of setting down any thing right or wrong, good or bad, I desire no other Wit∣ness than Salmasius himself. In his book, entituled, Apparatus contra Primatum Papae, he says,
There are most weighty Reasons why the Church ought to lay aside Episcopacy, and return to the Apostolical Institution of Presbyters: That a far greater •
is∣chief has been introduced into the Church by E•…
∣copacy, than the Schisms themselves were, which were before apprehended: That the Plague which Episcopacy introduced, depressed the whole body of the Church under a miserable Tyranny: Nay, had put a yoke even upon the necks of Kings and Princes: That it would be more beneficial to the Church, if the whole Hierarchy it self, were ex∣tirpated, than if the Pope only, who is the Head of it, were laid aside, page
160. That it would be very much for the good of the Church, if Episco∣cy were taken away, together with the Papacy: That if Episcopacy were once taken down, the Papacy would fall of it self, as being founded up∣on it, page
171. He says he can show very good reasons why Episcopacy ought to be put down in those Kingdoms that have renounced the Pope's Su∣premacy; but that he can see no reason for retain∣ing it there: That a Reformation is not entire,
that is defective in this point: That no reason can be alledged, no probable cause assigned, why the Supremacy of the Pope being once disowned, Episcopacy should notwithstanding be retained,
197. Tho he had wro•
e all this, and a great deal more to this effect, but four years ago, he is now become so vain and so impudent with∣al, as to accuse the Parliament of England,
not only turning the Bishops out of the House of Lords, but for abolishing Episcopacy it self.
Nay, he persuades us to receive Episcopacy, and defends it by the very same Reasons and Argu∣ments, which with a great deal of earnestness he had confuted himself in that former Book; to wit,
That Bishops were necessary, and ought to have been retained, to prevent the spring∣ing up of a Thousand pernicious Sects and He∣resies.
Crafty Turn-coat! Are you not asham'd to shift hands thus in things that are Sacred, and (I had almost said) to betray the Church; whose most solemn Institutions you seem to have asserted and vindicated with so much noise, that when it should seem for your interest to change sides, you might undo and subvert all again with the more disgrace and infamy to your self. It's notoriously known, That when both Houses of Parliament, being extremely desirous to Reform the Church of England
by the pattern of other Reformed Churches, had resolved to abolish Epis∣copacy, the King first interposed, and afterwards waged War against them chiefly for that very cause; which proved fatal to him. Go now and •
oast of your having Defended the King; who,
that you might the better defend him, do now openly betray and impugn the Cause of the Church, whose Defence you your self had for∣merly undertaken; and whose severest Censures ought to be inflicted upon you. As for the present form of our Government, since such a Foreign in∣significant Professor as you, having laid aside your Boxes and Desks, stufft with nothing but Trifles, which you might have spent your time better in put∣ting into order, will needs turn busie-body, and be troublesome in other mens matters, I shall return you this answer, or rather not to you, but to them that are wiser than your self, viz.
That the Form of it is such as our present distractions will admit of; not such as were to be wish'd, but such as the obstinate Divisions that are amongst us, will bear. What State soever is pestered with Factions, and de∣fends it self by Force of Arms, is very just in having regard to those only that are found and untainted, and in overlooking or se∣cluding the rest, be they of the Nobility or the common people; nay, though profit∣ing by experience, they should refuse to be go∣verned any longer either by a King or a 〈◊〉
of Lords. But in railing at that Supreme Coun∣cil,
as you call it, and at the Chair man thére,
you make your self very Ridiculous; for that Council is not the Supreme Council, as you dream it is, but appointed by Authority of Parliament, for a certain time only; and consisting of •
orty Persons, for the most part Members of Parlia∣ment, any one of whom may be President, if the rest Vote him into the Chair. And there
is nothing more common, than for our Parlia∣ments to appoint Committees of their own Members; who, when so appointed, have Pow∣er to meet where they please, and hold a kind of a little Parliament amongst themselves. And the most weighty Affairs are often referred to them, for Expedition and Secresie; the care of the Navy, the Army, the Treasury; in short, all things whatsoever, relating either to War or Peace. Whether this be called a Council, or any thing else, the thing is ancient, though the name may be new; and it is such an Institution, as no Government can be duly administred with∣out it. As for our putting the King to death, and changing the Government, forbear your bawling, don't spit your Venom, till going along with you through every Chapter, I show, whether you will or no, by what Law. by what Right and Justice,
all that was done. But if you insist to know by what Right, by what Law;
by that Law, I tell you, which God and Nature have enacted, viz.
that whatever things are for the Universal Good of the Whole State, are for that reason lawful and just. So wise Men of old used to answer such as you. You find fault with us for Repealing Laws, that had obtained for so many years;
but you do not tell as, whether those Laws were good or bad, nor if you did, should we heed what you said; for, you buisy Puppy, what have you to do with our Laws? I wish our Magistrates had •…
ed more than they have, both Laws and ••
wyers; if they had, they would have consult∣ed
the Interest of the Christian Religion, and that of the People better then they have done. It frets you, That Hob-goblins, Sons of the Earth, scarce Gentlemen at home, scarce known to their own Coun∣trymen, should presume to do such things.
But you ought to have remembred, what not only the Scriptures, but Horace
would have taught you, viz.
—Valet ima summis
Mutare & insignem attenuat Deus
Obscura promens, &c.
The Power that did create, can change the Scene
Of things, make mean of great, and great of mean;
The brightest Glory can Eclipse with Night,
And place the most obscure in dazling Light.
But take this into the Bargain: some of those, who you say are scarce Gentlemen, are not at all inferiour in birth to any of your party; others, whose Ancestors were not Noble, have taken a course to attain to true Nobility by their own Industry and Vertue, and are not inferior to men of the Noblest Descent; and had rather be
Page xviii〈◊〉••ns of the Earth, provided to be their own Earth. (their own Native Country) and •ct like Men at home, then being destitute of House or Land, to relieve the necessities of Nature in a Foreign Country, by selling of Smoke as thou dost, an inconsiderable Fellow, and a J•ck-straw, and who dep•ndest upon the good will of thy Ma∣sters for a poor St•pend; for whom it were better to forgo thy travelling, and return to thy own Kin∣dred and Country-men, if thou hadst not this one piece of Cunning, to babble out some silly Prele∣ctions and Fooleries at so good a rate amongst Fo∣reigners. You find fault with our Magistrates for admitting such a Common-shore of all sorts of Sects; Why should they not? It belongs to the Church to cast them out of the Communion of the faithful; not to the Magistrate to Banish them the Country, provided they do not offend against the Civil Laws of the State. Men at first united into Civil Socie∣ties, that they might live safely and enjoy their Liberty, without being wrong'd or opprest; that they might live Religiously, and according to the Doctrine of Christianity, they united themselves into Churches. Civil Societies have Laws, and Churches have a Discipline, peculiar to themselves, and far differing from each other. And this has been the occasion of so many Wars in Christendom; to wit, because the Civil Magistrate and the Church confounded their Jurisdictions. And therefore we do not admit of the Popish Sect, so as to tolerate Papists at all; for we do not look upon that as a Religion but rather as an Hierarchical Tyranny, un∣der a •loak of Religion, cloath'd with the Spoils of
the Civil Power, which it has usurp'd to it self con∣trary to our Saviour's own Doctrine. As for the Independents, we never had any such amongst us, as you describe; they that we call Independents are only such as hold that no Classes or Synods have a Supe∣riority over any particular Church, and that there∣fore they ought all to be pluckt up by the roots, as Branches, or rather as the very Trunk of Hier∣archy it self; which is your own opinion too. And from hence it was that the name of Independents prevailed amongst the Vulgar. The rest of your Preface is taken up in endeavouring not only to stir up the hatred of all Kings and Monarchs a∣gainst us, but to perswade them to make a General War upon us. Mithridates of old, though in a different cause, endeavoured to stir up all Prin∣ces to make War upon the Romans, by laying to their charge almost just the same things, that you do to ours: viz. that the Romans aim'd at no∣thing but the Subversion of all Kingdoms, that they had no regard to any thing, whether Sacred or Ci∣vil, that from their very first rise they never enjoy'd any thing, but what they had acquir'd by force, that they were Robbers, and the greatest Enemies in the world to Monarchy: Thus Mithridates exprest himself in a Letter to Arsaces King of the Parthians. But how came you, whose business it it is to make silly Speeches from your Desk, to have the Con∣fidence to imagine, that by your persuasions to take up Arms, and sounding an Alarm as it were, you should be able so much as to influence a King amongst Boys at play; especially, with so shrill a Voice, and unsavoury Breath, that I believe, if
you were to have been the Trumpeter, not so much as Homer's Mice would have waged War against the Frogs. So little do we fear, you Slug, you, any War or Danger from Foreign Princes, through your silly Rhetorick, who ac∣cuse us to them, just as if you were at play, That we toss Kings heads like Balls; play at Bowls with Crowns; and regard Scepters no more then if they were Fool's Staves with heads on. But you in the mean time, you silly Logerhead, deserve to have your Bones well-thrash'd with a Fool's staff, for thinking to stir up Kings and Princes to War by such Childish Arguments. Then you cry a∣loud to all Nations, who, I know full well, will never heed what you say. You call upon that Wretched and Barbarous Crew of Irish Rebels too, to assert the King's Party. Which one thing is sufficient evidence how much you are both a Fool, and a Knave, and how you out-do almost all Mankind in Villany, Impudence, and Madness, who scruple not to implore the Loyalty and Aid of an execrable People, devoted to the Slaughter, whom the King himself always abhorr'd, or so pretended, to have any thing to do with, by rea∣son of the guilt of so much innocent Blood, which they had contracted. And that very perfi∣diousness and Cruelty, which he endeavoured as much as he could to conceal, and to clear him∣self from any suspition of, you the most villanous of Mortals, as fearing neither God nor Man, vo∣luntarily and openly take upon your self. Go on then, undertake the Kings Defence at the Encou∣ragement, and by the Assistance of the Irish:Page xxi
You take care, and so you might well, lest any should imagine that you were about to bereave Cicero or Demosthenes of the praise due to their Eloquence, by telling us before hand, that you con∣ceive you ought not to speak like an Orator. 'Tis wise∣ly said of a Fool; you conceive you ought not to do what is not in your Power to do; and who that knows any thing of you, ever expects any thing like an Orator from you? Who neither uses, nor is able to publish any thing that's Ela∣borate, Distinct, or has so much as Sense in it; but like a second Crispin, or that little Grecian, Tzetzes, so you do but write a great deal, take no pains to write well, nor could write any thing well, though you took never so much pains. This Cause shall be argued (say you) in the hear∣ing, and as it were before the Tribunal of all Man∣kind. That's what we like so well, that we could now wish, we had a discreet and intelligent Ad∣versary, and not such a hair-brain'd Blunderbuss as you, to deal with. You conclude very Tragically, like Ajax in his Raving. I will proclaim to Hea∣ven and Earth the Injustice, the Villany, the Perfidi∣ousness and Cruelty of these Men, and will deliver them over convicted to all Posterity. O Flowers! that such a witless, senseless Bawler, one that was born but to spoil or transcribe good Authors, should think himself able to writ any thing of his own, that will reach Posterity; Whom together with his frivolous Scribles the very next Age will bury in Oblivion; unless this Defence of the King perhaps may be beholden to the Answer I give to it, for being looked into now and then. And
I would entreat the Illustrious States of Holland to take off their Prohibition, and suffer the Book to be publickly sold. For when I have detected the Vanity, Ignorance, and Falshood, that it is full of, the farther it spreads, the more effectually it will be supprest. Now, let us hear how he Con∣victs us.
Page [unnumbered]Page [unnumbered]Page 1
A DEFENCE OF THE People of England.
I Persuade my self, Salmasius, that you being a vain flashy man, are not a little proud of being the King of Great Britain's Defender, who him∣self was stil'd the Defender of the Faith. For my part, I think you deserve your titles both alike; for the King defended the Faith, and you have de∣fended him so, that betwixt you, you have spoil'd both your Causes; which I shall make appear throughout the whole ensuing Discourse, and particu∣larly in this very Chapter. You told us in the 12th. Page of your Preface, that so good and so just a cause ought not to be embelisht with any flourishes of Rhetorick; that the King needed no other defence than by a bare Nar∣rative of his Story; and yet in your first Chapter, in which you had promised us that bare Narrative, you neither tell the Story aright, nor do you abstain from making use of all the skill you have in Rhetorick to set it off. So that if we must take your own judg∣ment,
we must believe the King's Cause to be neither good nor just. But by the way I would advise you not to have so good an opi∣nion of your self (for no body else has so of you) as to imagin that you are able to speak well upon any subject; who can neither play the part of an Orator, nor an Historian, nor express your self in a stile that would not be ridiculous even in a Lawyer; but like a Mountebank's Jugler, with big swelling words in your Preface, you rais'd our expectation, as if some mighty matter were to ensue; in which your design was not so much to introduce a true Narrative of the King's Story, as to make your own empty inten∣ded flourished go off the better. For being now about to give us an account of the matter of fact, you find your self encompassed and affrighted with so many M•nst•rs of No∣velty, that y' are at a loss what to say first, what next, and what last of all. Ple tell ye what the matter is with you. In the first place you find your self affrighted and astonish'd at your own monstrous Lies, and then you find that empty head of yours not encompass'd, but carried round with so many trifles and fooleries, that you not only now do not, but never did know what was •it to •e spoken, and in what method. A∣mong the m•…y 〈◊〉 that you find in expressing the ••inousness of so 〈◊〉 a piece of impiety, this one offers i• self you say, which 〈◊〉•…y 〈◊〉 and must often be re∣peated; to wit, that the S••〈◊〉 self never b•h•ld a more 〈◊〉〈◊〉. But by your good leave, Sir, the Sun has beheld many things, that blind Bernard never saw. But we are content you should mention the Sun over and over. And it will be a piece of Prudence in you so to do. For though our wickedness does not require it, the coldness of the 〈◊〉 that you are making, does. The original of Kings, you say, is as ancient, as
that of the Sun. May the Gods and Goddesses, Dama∣sippus, bless thee with an everlasting Solstice; that thou maist always be warm, thou that canst not stir a foot without the Sun. Perhaps you would avoid the imputation of being called a Doctor Umbraticus. But alas! you are in perfect darkness, that make no dif∣ference betwixt a Paternal power, and a Regal; and that when you had called Kings Fathers of their Country, could fancy that with that Metaphor you had persuaded us that whatever is applicable to a Fa∣ther, is so to a King. Alas! there's a great differ∣ence betwixt them. Our Fathers begot us. Our King made not us, but we him. Nature has given Fathers to us all, but we our selves appointed our own King. So that the people is not for the King, but the King for them. We bear with a Father, though he be harsh and severe; and so we do with a King. But we do not bear with a Father, if he be a Tyrant. If a Father mur∣der his Son, himself must die for't, and why should not a King be subject to the same Law, which cer∣tainly is a most just one? Especially considering that a Father cannot by any possibility divest himself of that relation, but a King easily may make himself neither King nor Father of his people. If this action of ours be considered according to its quality, as you call it, I, who am both an English man born, and was an eye-witness of the Transactions of these times, tell you, who are both a Foreigner and an utter stranger to our Affairs; That we have not put to death a good, nor a just, nor a merciful, nor a devout, nor a godly, nor a peaceable King, as you stile him; but an Enemy, that has been so to us almost ten years to an end; nor one that was a Father, but a Destroyer of his Country. You confess that such things have been 〈◊〉, for your self have not the impudence to deny it; but n•t
by Protestants upon a Protestant King. As if he deserv'd the name of a Protestant, that in a Letter to the Pope, could give him the title of Most Holy Father; that was always more favourable to the Papists, than to those of his own Profession. And being such, he is not the first of his own Family that has been put to death by Protestants. Was not his Grand-mother deposed and banisht, and at last beheaded by Protestants? And were not her own Countrymen, that were Prote∣stants too, well enough pleas'd with it? Nay, if I should say they were parties to it, I should not lie. But there being so few Protestant Kings, it is no great wonder, if it never happened, that one of them has been put to death. But that it is lawful to depose a Tyrant, and to punish him according to his deserts; Nay, that this is the opinion of very eminent Divines, and of such as have been most Instrumental in the late Reformation, do you deny, if you dare. You confess that many Kings have come to an unnatural death: Some by the Sword, some poyson'd, some strang∣led, and some in a dungeon; but for a King to be arraign'd in a Court of Judicature, to be put to plead for his life, to have Sentence of death pronounc'd against him, and that Sen∣tence ex•cuted; this you think a more lamentable In∣stance than all the rest, and make it a prodigious piece of impiety. Tell me, thou superlative Fool, Whether it be not more just, more agreeable to the Rules of Humanity, and the Laws of all Humane Societies, to bring a Criminal, be his Offence what it will, before a Count of Justice, to give him leave to speak for him∣self; and if the Law condemn him, then to put him to death, as he has d••erv'd so as he may have time to repent, or to recollect himself, than presently, as soon as ever he is taken, to but•h•r him without more ado? 〈◊〉 think there's a Mal•…r in the World, that if
he might have his choice, would not chuse to be thus dealt withal? and if this sort of proceeding against a private Person be accounted the fairer of the two, why should it not be counted so against a Prince? nay, why should we not think that himself liked it better? You would have had him kill'd privately, and none to have seen it, either that future Ages might have lost the advantage of so good an Example; or that they that did this glorious Action, might seem to have avoided the Light, and to have acted contrary to Law and Justice. You aggravate the matter by telling us, that it was not done in an uproar, or brought about by any Faction amongst Great Men, or in the heat of a Rebellion, either of the People, or the Sol∣diers: that there was no hatred, no fear, no ambi∣tion, no blind precipitate rashness in the Case; but that it was long consulted on, and done with delibe∣ration. You did well in leaving off being an Advo∣cate, and turn Grammarian. That from the Acci∣dents and Circumstances of a thing, which in them∣selves considered, sway neither one way nor other, argue in dispraise of it, before you have proved the thing it self to be either good or bad. See how open you lie: If the Action you are discour∣sing of, be commendable and praise-worthy, they that did it deserve the greater Honour, in that they were prepossessed with no Passions, but did what they did for Virtue's sake. If there were great dif∣ficulty in the enterprise, they did well in not going about it rashly, but upon Advice and Consideration. Th• for my own part, when I call to mind with how unexpected an importunity and servency of Mind, and with how unanimous a Consent, the whole Army, and a great part of the People from almost every County in the Kingdom, cried out with
one Voice for Justice against the King, as being the sole Author of all their Calamities: I cannot but, think that these things were brought about by a Di∣vine impulse. Whatever the matter was, whether we consider the Magistrates, or the Body of the Peo∣ple, no Men ever under•ook with more Courage, and, which our Adversaries themselves confess, in a more 〈◊〉 temper of Mind, so brave an Action, an Acti∣on that might have become those famous Heroes of whom we read in former Ages; an Action, by which they ••nobled not only Laws, and their Exe∣cution, which seem for the future equally restor'd to high and low against one another; but even Justice it self, and to have rendred it after so signal a Judgment more illustrious and greater than in its own self. We are now come to an end of the third page of the First Book, and have not the bare Narrative he promis'd us yet. He complains that our Principles ar•, •hat a King whose Government is Burdensom and Odi•s, may lawfully be deposed: And by this Do∣•…, says he, if they had had a King a thousand times 〈◊〉 thann they had, they would not have spared his Life. Observe the Man's subtle way of arguing. For I would willingly be inform'd what Consequence there 〈◊〉 in this, unless he allows, that a King's Govern∣ment may be Burders•m and Odieus, who is a thou∣sand 〈◊〉 better than our King was. So, that now he has brought things to this pass, to make the King that he defends, a thousand times worse than some whose Government notwithstanding is Burdensom and O•…,〈◊〉 is, it may be, the most monstrous Tyrant that 〈◊〉•…d. I wish ye Joy, O ye Kings, of 〈…〉 able a Defender. Now the Narrative begins. They put him to s•…ral sorts of Torments. Give an in∣•…. They remov'd him from Prison to Prison; and so
they might lawfully do; for having been a Tyrant, he became an open Enemy, and was taken in War. Often changing his Keepers. Lest they themselves should change. Sometimes they gave him hopes of Liberty, nay, and sometimes even of restoring him to his Crown, upon Articles of Agreement. It seems then the taking away his Life, was not done upon so much Premeditation, as he talked of before; and that we did not lay hold on all opportunities and means, that offer'd them∣selves to renounce our King. Those things that in the beginning of the War we demanded of him, when he had almost brought us under, which things if they were denied us, we could enjoy no Liberty, nor live in any Safety; those very things we petiti∣oned him for when he was our Prisoner, in an hum∣ble, submissive way, not once, nor twice, but thrice, and oftner, and were as often denied. When we had now lost all hopes of the King's complying with us, then was that noble Order of Parliament made, That from that time forward, there should no Articles be sent to the King; so that we left 〈◊〉 applying our selves to him, not from the time that he began to be a Tyrant, but from the time that we found him incurable. But afterward some Parlia∣ment-men set upon a new Project, and meeting with a convenient opportunity to put it in practice, pass a Vote to send further Proposals once more to the King. Whose Wickedness and Folly nearest resembles that of the Roman Senate, who contrary to the Opinion of M. Tullius, and all honest Men, voted to send Em∣bassadors to M. Anthony; and the Event had been the same, but that it pleased God Almighty in his Providence to order it otherwise, and to assert our Li∣berty, tho he suffer'd them to be enslav'd. For then the King did not agree to any thing that might con∣duce
to a firm Peace, and Settlement of things more than he had before, they go and Vote themselves sa∣tisfied. Then the sounder part of the House finding themselves and the Commonwealth betray'd, implore the aid of that Valiant and always Faithful Army to the Commonwealth. Upon which occasion I can observe only this, which yet I am loath to utter; to wit, that our Soldiers understood themselves bet∣ter than our Senators, and that they saved the Com∣monwealth by their Arms, when th'other by their Votes had almost ruined it. Then he relates a great many things in a doleful, lamentable Strain; but he does it so senslesly, that he seems rather to beg of his Readers that they would be sorrowful, than to stir up any such Passion in them. It grieves him to think that the King should undergo a Capital Punishment after such a manner as no other King ever had done. Tho he had often told us before, that there never was a King that underwent a Capital Punishment at all. Do you use to compare ways and manners, ye Coxcomb, when you have no Things, nor Actions to compare with one another? He suffer'd Death, says, he, as a Rabber, as a Murderer, as a Parricide, as a Traytor, as a Tyrant. Is this defending the King? Or is it not ra∣ther giving a more severe Sentence against him than that that we gave? How came you so all on a sud∣den to be of our mind? He complains that Executio∣ners in Vizars [personati Carnifices] cut off the King's Head. What shall we do with this Fellow? He told us before, of a Murder committed on one in the Disguise of a King: [In Personâ Regis.] Now he says, 'twas done in the Disguise of an Executioner. Twere to no purpose to take particular Notice of every silly thing he says. He tells Stories of Boxes on the Ear, and Kicks, that, he says, were given the
King by Common-Soldiers, and that 'twas four Shillings a piece to see his dead Body. These and such like Sto∣ries which partly are false, and partly impertinent, betray the Ignorance and Childishness of our poor Scholar; but are far from making any Reader ever a whit the sadder. In good faith, his Son Charles had done better to have hired some Ballad-singer to have bewailed his Fathers misfortunes, than this doleful, shall I call him, or rather most ridiculous Orator, who is so dry and insipid, that there's not the least Spirit in any thing he says. Now the Nar∣rative's done, and 'tis hard to say what he does next, he runs on so sordidly and irregular. Now he's angry, then he wonders; he neither cares what he talks, nor how; repeats the same things ten times over, that could not but look ill, tho he had said them but once. And I persuade my self, the extemporary Rimes of some Antick Jack-pudding may deserve Printing better; so far am I from think∣ing ought he says worthy of a serious Answer. I pass by his stiling the King a Protector of Religion, who chose to make War upon the Church, rather than part with those Church-Tyrants, and Enemies of all Religion, the Bishops; and how is it possible that he should maintain Religion in its Purity, that was himself a Slave to those impure Traditions, and Ceremonies of theirs? And for our Sectaries, whose Sacrilegious Meetings, you say, have publick Allowance; Instance in any of their Principles, the Profession of which is not openly allow'd of, and countenanced in Holland? But in the mean, there's not a more Sa∣crilegious Wretch in Nature than your self, that al∣ways took liberty to speak ill of all sorts of People. They could not wound the Commonwealth more dangerously than by taking off its Master. Learn, ye abject, home∣born
Slave; unless ye take away the Master, ye de∣stroy the Commonwealth. That that has a Master, is one Man's propriety. The word Master denotes a pri∣vate, not a publick Relation. They persecute most un∣justly these▪ Ministers that abborr'd this Action of theirs. Lest you should not know what Ministers he means, I'll tell ye in a few words what manner of Men they were; they were those very Men, that by their Wri∣tings and Sermons justified taking up Arms against the King, and ••irr'd the People up to it. That daily cursed, as Deborah did Meroz, all such as would not furnish the Parliament either with Arms, or Men, or Money. That taught the People out of their Pulpits, that they were not about to Fight against a King, but a greater Tyrant than either Saul or Ahab ever were; •ay, more a Nero than Nero himself. As soon as the Bishops, and those Clergy-men, whom they daily inveighed against, and branded with the odious Names of Pluralists and Non-residents, were taken out of their way, they presently Jump, some into two, some into three of their best Benefices; being now warm themselves, they soon unworthily neglected their Charge. Their Coverousness brake through all restraints of Modesty and Religion, and them∣selves now labour under the same Infamy, that they had loaded their Predecessors with; and because their Covetousness is not yet satisfied, and their Am∣bition has accustomed them to raise Tumults, and be Enemies to Peace; they can't rest at quiet yet, but preach up Sedition against the Magistracy, as it is now established, as they had formerly done against the King. They now tell the people that he was cruelly murde∣red; upon whom themselves having heap'd all their Curses, had devoted him to Destruction, whom they had delivered up as it were to the Parliament to
be dispoil'd of his Royalty, and pursu'd with a Holy War. They now complain that the Sectarie's are not extirpated; which is a most absurd thing to expect the Magistrates should be able to do, who never yet were able, do what they could, to extirpate avarice and ambition, those two most pernicious Heresies, and more destructive to the Church than all the rest, out of the very order and tribe of the Ministers them∣themselves. For the Sects which they inveigh against, I confess there are such amongst us, but they are ob∣scure, and make no noise in the world: The Sects that they are of, are publick and notorious, and much more dangerous to the Church of God. Simon Ma∣gus and Diotrephes were the Ring-leaders of 'em. Yet are we so far from persecuting these men, tho' they are pestilent enough, that for all we know them to be ill affected to the Government, and desirous of, and endeavouring to work a change, we allow them but too much Liberty. You, that are both a French-man and a Va gabond, seem displeas'd that the English, more fierce and cruel than their own Mastiffs, as your bar∣king Eloquence has it; have no regard to the lawful Successor and Heir of the Crown: Take no care of the King's Youngest Son, nor of the Queen of Bohemia. Il'e make ye no answer; you shall answer your self. VVhen the frame of a Government is changed from a Monarchy to any other, the new Modellers have no regard to succession; the Application is easy; it's in your Book de primatu Papae. The great change throughout Three Kingdoms, you say, was brought about by a small number of men in one of them. If this were true, that small number of men would have deserved to have Dominion over the rest; Valiant men over faint-hearted Cowards. These are they that presumptuously took upon them to change antiquum Regni Regimen, in alium qui à pluribus Tyrannisteneatur. 'Tis
well for them that you cannot find fault with them, without committing a Barbarous Soloecism; you shame 〈◊〉Grammarians. The English will never be able to wash out this stain. Nay you, though a blot and a stain to all Learned men, were never yet able to stain the re∣nown and everlasting Glory of the English Nation, that with so great a Resolution, as we hardly find the 〈◊〉 recorded in any History, having strugled with, 〈…〉, not only their Enemies in the Field, but the supertitious Persuasions of the common People, 〈…〉 to themselves in general amongst all 〈…〉 the name of Deliverers: The Body of the people having undertook and performed an enter∣prise, which in other Nations is thought to proceed only from a magnanimity that's peculiar to Heroes. What the protesstants and Primitive Christians have done, or would do upon such an occasion, •le tell ye hereafter when we come to debate the merits of the Cause: In discoursing it before, I should be guilty of your fault, who outdo the most impertinent Talkers in Nature: You wonder how wee'l be able to answer the 〈◊〉. Meddle with your own matters, you R•…gate, and be asham'd of your actions, since the Church is asham'd of you; who though but of late, you set your self so fiercely and with so much Ostentation against the Pope's Supremacy and Episcopal Government, are now become your self a very Crea∣ture of the Bishops. You confess that some Protestants whom you do not name, have asserted it lawful to depose a Tyrant: But though you do not think fit to name them, I will, because you say they are far w•rse than the very Je∣suits themselves; they are no other than Luther, and Zuing∣lius, and Calvin, and Bu•er, and Pareus, and many others. But then, you say, they refer it to the Judgment of Learned and Wise men, who shall be accounted a Tyrant. But what
for men, were these? Were they wise men, were they men of Learning? VVere they anywise remarkable, either for Ver∣tue or Nobility! You may well allow a People that has felt the heavy Yoke of Slavery, to be Wise, and Lear∣ned, and Noble enough to know what is fit to be done to the Tyrant that has oppress'd them; though they neither consult with Foreigners nor Grammarians. But that this man was a Tyrant, not only the Parlia∣ments of England and Scotland have declared by their actions and express words; but almost all the people of both Nations assented to it, till such time as by the tricks and Artifices of the Bishops they were divided into two Factions; and what if it has pleased God to chuse such men, to execute his Vengeance upon the greatest Potentates on Earth, as he chose to be made partakers of the benefit of the Gospel? Not many Wise, not many Learned, not many Powerful, not many Noble: That by those that are not, be might bring to nought those that are; and that no flesh might glory in his sight. And who are you that babble to the contrary? Dare you affect the Reputation of a Learned man? I con∣fess you are pretty well vers'd in Phrase-Books, and Lexicons, and Glossaries; Insomuch that you seem to have spent your time in nothing else. But you do not make appear that you have read any good Authors with so much Judgment as to have benefited by them. Other Copies and various Lections and words omitted, and corruptions of Texts and the like; these you are full of; but no foot-step of any solid Learning appears in all you have writ: Or do ye think your self a wise man, that quarrel and contend about the mea∣nest Trifles that may be? That being altogether ig∣norant in Astronomy and Physick, yet are always ra•∣•ing at the Professors of both, whom all men credit in what things belong to their own Sciences, that
would be ready to curse them to the Pit of Hell, that should offer to deprive you of the vain Glory of ha∣ving corrected or supply'd the least word or letter in any Copy you've criticiz'd upon. And yet y'are mad to hear your self call'd a Grammarian. In a certain tri∣flig Discourse of yours, you call Dr. Hammond Knave in plain terms, who was one of this King's Chaplains, and one that he valu'd above all the rest, for no other reason but because he had call'd you a Grammarian. And I don't question but you would have been as ready to have thrown the same reproach upon the King him∣self, if you had heard that he had approv'd his Chap∣lains Judgment of ye. Take notice now, how much I (who am but one of those many English, that you have the impudence to call mad men, and unlearned, and ignoble, and wicked), slight and despise you, (for that the English Nation in general should take any notice in publick of such a worm as you are, would be an infinite undervaluing of themselves), who though one should turn you topsic-turvy, and in∣side out, are but a Grammarian: Nay, as if you had made a foolisher wish than Midas did, what ever you meddle with, except when you make Soloecisms, is Grammar still. VVhosoever therefore he be, though from among the Dr•gs of that common People that you are so keen upon (for as for those men of Eminen∣cy amongst us, whose great Actions evidenced to all men, their Nobility, and Vertue, and Conduct; I won't disgrace them so much, as to compare you to them, or them to you;) but whosoever, I say, among the Dr•gs of that common People has but suck'd in this Principle, That he was not born for his Prince, but for God and his Countrey; he deserves the repu∣tation of a Learned, and an Honest, and a VVise man more, and is of greater use in the world than your
self; For such a one is Learned without Letters, you have Letters, but no Learning: That understand so many Languages, turn over so many Volumes, and yet are but a sheep when all is done.
THE Argument that Salmasius, toward the con∣clusion of his First Chapter, urg'd as 〈◊〉∣ble; to wit, that it was really so, because all men unanimously agreed in it; That very Argument, than which, as he appli'd it, there is nothing more false; I, that am now about to discourse of the Right of Kings, may turn upon himself with a great deal of truth. For, whereas he defines a King (if that may be said to be defin'd which he makes infinite) to be a Person in whom the Supream Power of the Kingdom resides, who is answerable to God alone, who may do whatsoever pleaseth him, who is bound by no Law; I will undertake to demonstrate, not by mine, but by his own Reasons and Authorities, that there never was a Nation or People of any account (for to ransack all the uncivi∣liz'd Parts of the World were to no purpose) that ever allow'd this to be their King's Right, or put such ex∣orbitant Power into his hand, as that he should not be bound by any Law that be might do what he would, that he should judge all, but be judged of 〈◊〉: Nor ca•… my self, that there ever was any one Person besides Salmasius, of so slavish a Spirit, as to assert the outra∣gious Enormities of Tyrants to be the •eights of Kings. Those amongst us that were the greatest Royalists, always abhorr'd this fordid Opinion: and
Page 16Salmasius himself, as appears by some other Writings of his, before he was brib'd, was quite of another mind. Insomuch, that what he here gives out, does not look like the Dictates of a free Subject under a free Government, much less in so famous a Common∣wealth as that of Holland, and the most eminent Uni∣versity there: but seems to have been penn'd by some despicable slave that lay rotting in a Prison, or a Dun∣geon. If whatever a King has a mind to do, the Right of Kings will bear him out in (which was a Lesson that the bloody Tyrant Antoninus Caracalla, though his Step-mother Julia preach'd it to him, and endeavour'd to i•ure him to the practice of it, by making him commit incest with her self, yet could hardly suck in); Then there neither is, nor ever was that King, that deserv'd the name of a Tyrant. They may safely violate all the Laws of God and Man: their very being Kings keeps them innocent. What Crime was ever any of them guilty of? they did but make use of their own Right upon their own Vassals. No King can commit such horrible Cruelties and Out∣rages, as will not be within this Right of Kings. So that there's no Pretence left for any Complaints or Expostulations with any of them. And dare you as∣sert, That this Right of Kings, as you call it, is ground∣ed upon the Law of Nations, or rather upon that of Na∣ture, you Brute Beast? for you deserve not the name of a Man, that are so cruel and unjust towards all those of your own kind; that endeavour as much as in you lies, so to bear down and villify the whole Race of Mankind, that were made after the Image of God, as to assert and maintain that those cruel and unmer∣ciful Taskmasters, that through the superstitious whim∣sies, 〈◊〉 sloth, or treachery of some persons, get in∣to the Chair, are provided and appointed by nature
her self, that mild and gentle Mother of us all, to be the Governours of those Nations they enslave. By which Pestilent Doctrine of yours, having rendred them more fierce and untractable, you not only enable them to make havock of, and trample un∣der foot their miserable subjects; but endeavour to arm them for that very purpose with the Law of Na∣ture, the Right of Kings, and the very Constitutions of Government; than which nothing can be more impious or ridiculous. By my consent, as Dionysius formerly, of a Tyrant became a School-master, so you of a Grammarian, should become a Tyrant; not that you may have that Regal License of doing other people harm, but a fair opportunity of perishing mi∣serably your self: That, as Tiberius complain'd, when he had confin'd himself to the Island Capreae, you may be reduced into such a condition, as to be sensi∣ble that you perish daily. But let us look a little more narrowly into this right of Kings that you talk of. This was the sense of the Eastern, and of the VVestern part of the world. I shall not answer you with what Aristo∣tle and Cicero, who are both as credible Authors as any we have, tell us, viz. That the people of Asia easily submit to slavery, but the Syrians and the Jews are even born to it from the womb. I confess there are but few, and those men of great wisdom and courage, that are either desirous of Liberty, or capable of u∣sing it. The greatest, part of the world chuse to live under Masters; but yet they would have them just ones. As for such as are unjust and tyrannical, nei∣ther was God ever so much an enemy to Mankind as to enjoyn a necessity of submitting to them; nor was there ever any people so destitute of all sense, and sunk into such a depth of despair, and to impose so cruel a Law upon themselves and their posterity. First,
you produce the words of King Solomon in his Ecclesia∣stes. And we are as willing to appeal to the Scripture as you. As for Solomon's authority, we'l consider that hereafter, when perhaps we shall be better able to understand it. First, let us hear God himself speak, Deut. 17. 14. VVhen thou art come into the land, which the Lord thy God giveth thee, and shalt say, I will set a King over me, like as the Nations that are round about me. Which passage I could wish all men would seri∣ously consider; for hence it appears by the testimony of God himself: First, that all Nations are at liber∣ty to erect what form of Government they will a∣mongst themselves, and to change it when, and into what they will. This God affirms in express terms concerning the Hebrew Nation; and it does not ap∣pear but that other Nations are as to this respect in the same condition. Another remark that this place yields us, is, That a Commonwealth is a more per∣fect form of Goverment th•n a Monarchy, and more suitable to the condition of Mankind; and in the opinion of God himself, better for his own people; for himself appointed it; And could hardly be pre∣vail'd withal a great while after, and at their own importunate desire, to let 'em change it in∣to a Monarchy. But to make it appear that he gave 'em their choice to be Govern'd by a single person, or by more, so they were justly Govern'd, in case they should in time to come resolve upon a King, he pre∣scribes Laws for this King of theirs to observe; whereby he was forbidden to multiply to himself Horses and Wives, or to heap up Riches; whence he might easily infer, that no power was put into his hands over others, but according to Law, since even those actions of his life, which related only to him∣self, were under a Law. He was commanded there∣fore
to transcribe with his own hand all the Precepts of the Law, and having writ 'em out, to observe and keep 'em, that his mind might not be lifted up above his Brethren. 'Tis evident from hence, that as well the Prince as the people was bound by the Law of Moses. To this purpose Josephus writes, a proper and an able Interpreter of the Laws of his own Country, who was admirably well vers'd in the Jewish Policy, and infinitely preferable to a thousand obscure ignorant Rabbins: He has it thus in the Fourth Book of his Antiquities:
〈 in non-Latin alphabet 〉, &c. An Ari∣stocracy is the best form of Government; wherefore do not you endeavour to settle any other; 'tis enough for you that God presides over ye. But if you will have a King, let him guide himself by the Law of God, rather than by his own wisdom; and lay a re∣straint upon him, if he offer at more power than the state of your affairs will allow of.
Thus he expresseth himself upon this place in Deuteronomy.
Author, Philo Judaus,
who was Jo∣sephus
his Contemporary, a very studious man in the Law of Moses,
upon which he wrote a large Com∣mentary; when in his Book concerning the Creation of the King, he interprets this Chapter of Deuterono∣my,
he sets a King loose from the Law no otherwise than as an enemy may be said to be so:
They, says he, that to the prejudice and destruction of the peo∣ple acquire great power to themselves, deserve not the name of Kings, but that of Enemies. For their actions are the same with those of an irreconcilable enemy. Nay, they, that under a pretence of Go∣vernment are injurious, are worse than open ene∣mies. We may fence our selves against the latter; but the malice of the former is so much the more Pestilent, because it is not always easie to be disco∣vered.Page 20
But when is is discover'd, why should they not be dealt with as enemies? The same Author in his second Book, Allegoriar. Legis,
A King, says he, and a Tyrant are Contraries. And a little after, A King ought not only to command, but obey.
All this is very true, you'l say, a King ought to observe the Laws, as well as any other man. But what if he will not? What Law is there to punish him? I an∣swer, the same Law that there is to punish other men; for I find no exceptions; there is no express Law to punish the Priests or any other inferior Magistrates, who all of 'em, if this opinion of the exemption of Kings from the Penalties of the Law would hold, may by the same reason claim impunity, what guilt soever they contract, because there is no positive Law for their punishment; and yet I suppose none of them ever challeng'd such a Prerogative; nor would it ever be allow'd 'em, if they should. Hitherto we have learn'd from the very Text of God's own Law, that a King ought to obey the Laws, and not lift himself up above his Brethre. Let us now consider whether Solomon
preacht up any other Doctrine, Ch. 8 v. 2. I coun∣sel thee to keep the King's commandment, and that in regard of the oath of God. Be not hasty to go out of his sight; stand not in an evil thing, for he doth whatsoever pleaseth him. VVhere the word of a King is, there is power, and who may say unto him, what dost thou?
It is well enough known that here the Preacher directs not his Precepts to the Sanhedrim,
or to a Parliament, but to private persons; and such he commands to keep the King's commandment, and that in regard of the oath of God.
But as they swear Allegiance to Kings, do not Kings like∣wise swear to obey and maintain the Laws of God, and those of their own Country? So the Reubenites
promise obedience to Jeshua, Josh.
Page 21According as we harkned unto Moses in all things, so will we harken unto thee; only the Lord thy God be with thee, as he was with Moses.
Here's an express condition. Hear the Preacher else, Chap. 9. v. 17. The words of wise men are heard in quiet more than the cry of him that ruleth among fools.
The next caution that Sol•mon
gives us, is, Be not hasty to go out of his sight; stand not in an evil thing; for he doth whatsoever pleaseth him.
That is, he does what he will to Malefactors, whom the Law authorizeth him to punish, and against whom he may proceed with mercy or severity, as he sees occasion. Here's nothing like Tyranny. Nothing that a good man needs be afraid of. Where the word of a King is, there is power; and who may say to him VVhat dost thou?
And yet we read of one that not only said to a King, VVhat dost thou?
but told him, Thou hast done foolishly.
you may say, was an Extraordinary Per∣son. I answer you with your own words, which follow in the 49th.
Page of your Book, VVhat was there extraordinary,
say you, in Saul or in David?
And so say I, what was there in Samuel
extraordinary? He was a Prophet, you'l say; so are they that now fol∣low his example; for they act according to the will of God, either his reveal'd, or his secret will, which your self grant in your 50th.
Page. The Preacher therefore in this place prudently adviseth private per∣sous not to contend with Princes; for it is even dan∣gerous to contend with any man that's either rich or powerful: But what then? must therefore the Nobi∣lity of a Nation, and all the inferior Magistrates, and the whole body of the people not dare to mutter when a King raves and acts like a mad-man? Must they not oppose a foolish, wicked, outragious Ty∣rant, that perhaps seeks the destruction of all good men? Must they not endeavour to prevent his turn∣ing
all Divine and Humane things upside down? must they suffer him to massacre his People, burn their Cities, and commit such Outrages upon them daily; and finally, to have perfect liberty to do what he list without controul?
O de Cappadocis eques catastis!
Thou slavish Knight of Cappadocia.
Whom all free People, if you can have the confidence hereafter to set your foot within a free Countrey, ought to cast out from amongst them, and send to some remote parts of the World, as a Prodigy of dire portent; or to condemn to some perpetual drudgery, as one devoted to slavery; solemnly obliging them∣selves, if they ever let you go, to undergo a worse slavery under some cruel•, silly Tyrant. No man living can either devise himself, or borrow from any other, Expressions so full of Cruelty and Contempt, as may not justly be apply'd to you. But go on. VVhen the Israelites asked a King of God, they said, they would set up a King that should have the same Rule and Dominion over them, that the Kings of their neighbour Countries exercis'd over their Subjects. But the Kings of the East we know had an unlimited Power: as Virgil te∣stifies,
—Regem non sic Aegyptus & ingens
Lydia, nec Populi Parthorum, & Medus, Hydaspes
No Eastern Nation ever did adore
The Majesty of Soveraign Princes more.
First, What is that to us, what sort of Kings the Israelites desired? especially since God was angry with
them, not only for desiring such a King as other Na∣tions had, and not such a King as his own Law de∣scribes, but barely for desiring a King? Nor is it cre∣dible that they should desire an unjust King, and one that should be out of the reach of all Laws, who could not bear the Government of Samuel's Sons, though under the power of Laws, but from their Co∣vetousness sought refuge in a King. And lastly, The Verse that you quote out of Virgil, does not prove that the Kings of the East had an absolute unlimited Power; for those Bees, that he there speaks of, and who reverence their Kings, he says, more than the Egyptians or Medes do theirs, by the Authority of the same Poet,
—magnis agitant sub legibus aevum.
Live under certain Fundamental Laws.
They do not live under a King then, that's tyed to no Law: But now I'le let you see how little reason you have to think I bear you an ill will. Most peo∣ple think you are a Knave; but I'le make it appear that you have only put on a Knaves Vizor for the pre∣sent. In your Introduction to your Discourse of the Pope's Supremacy, you say, that some Divines in the Council of Trent made use of the Government, that is said to be amongst Bees, to prove the Pope's Suprema∣cy. This fancy you borrow from them, and urge it here with the same malice that they did there. Now that very same answer that you gave them, whilst you were an honest man, now that you are become a Knave, you shall give your self, and pull off with your own hand that Vizor you've now put on; The Bees, say you are a State, and so natural Phi∣losophers call them; they have a King, but a harmless one, he is a Leader, or Captain, rather than a King▪
he never beats, nor pulls, nor kills his subject Bees. No wonder they are so observant of him then: But in good Faith, you had but ill luck to meddle with these Bees; for though they are Bees of Trent, they show you to be a Drone. Aristotle, a most exact writer of Poli∣ticks, affirms that the Asiatique Monarchy, which yet himself calls Barbarous, was according to Law: Politic. 3. And whereas he reckons up five several sorts of Monarchies, four of those five he makes Go∣vernments according to Laws, and with the consent of the People; and yet he calls them Tyrannical forms of Government, because they lodg so much power in one man's hand. But the Kingdom of the Lacedaemonians he says is most properly a Kingdom, because there all power is not in the King. The fifth sort of Monarchy, which he calls 〈 in non-Latin alphabet 〉, that is, where the King is all in all; and to which he refers that, that you call the right of Kings, which is a Liberty to do what they list; he neither tells us when, nor where any such form of Govern∣ment ever obtain'd. Nor seems he to have mention'd it for any other purpose than to show how unjust, ab∣surd, and tyr•nnical a Government it is. You say, that when Samuel would deter the people from chu∣sing a King, he propounded to them this right of Kings. But whence had Samuel it? Had he it from the written Law of God? That can't be. We have observ'd al∣ready, that the Scriptures afford us a quite other Scheme of Soveraignty: Had Samuel it then imme∣diately from God himself by Revelation? That's not likely neither, for God dislikes it, discommends it, •…ds fault with it: So that Samuel does not expound to the People any right of Kings appointed by God; •ut a corrupt and deprived m•nner of Governing, •…en 〈◊〉 by the Pride •nd Ambition of Princes. He
tells not the people what their Kings ought to do, but what they would do. He told them the manner of their King, as before he told us of the manner of the Priests, the Sons of Eli; for he useth the same word in both places; (which you in the 33d Page of your Book, by an Hebrew Soloecism too, call 〈 in non-Latin alphabet 〉). That manner of theirs was Wicked, and Odious, and Tyranical: It was no right, but great wrong. The Fathers have commented upon this place too: I'le instance in one, that may stand for a great many; and that's Sulpitius Severus, a contemporary and intimate Friend of St. Jerom, and in St. Augustin's opinion, a man of great Wisdom and Learning. He tells us in his sacred History, that Samuel in that place acquaints the people with the imperious Rule of Kings, and how th•y use to Lord it over their Subjects. Certainly it cannot be the right of Kings to domineer and be im∣perious. But according to Salust, that lawful Power and Authority that Kings were entrusted with, for the Preservation of the publick Liberty, and the good of the Common-wealth, quickly degenerated into Pride and Tyranny: And this is the sense of all Or∣thodox Divines, and of all Lawyers upon that place of Samuel: And you might have learn't from Sichardus, that most of the Rabbins too, were of the same mind; at least, not any one of them ever asserted that the absolute inherent right of Kings is there dis∣coursed of. Your self in your 5th Chapter, Page 106. complain, that not only Clemens Alexandrinus, but all other Expositors mistake themselves upon this Text: And you, I'le warrant ye, are the only man that have had the good luck to hit the mark. Now what a piece of folly and impudence is this in you to maintain in opposition to all Orthodox Expositors, that those very actions which God so much condemns, are the right
of Kings? And to pretend Law for them? Though your self confess, that that right is very often exercis'd in committing Outrages, being injurious, contume∣lious, and the like. Was any man ever to that de∣gree, sui juris, so much his own Master, as that he might lawfully prey upon mankind, bear down all that stood in his way, and turn all things up-side down? Did the Romans ever maintain, as you say they did, That any man might do these things suo Ju∣re, by vertue of some inherent right in himself? Sa∣lust indeed makes C. Memmius a Tribune of the peo∣ple, in an invective Speech of his, against the pride of the Nobility, and their escaping unpunish'd, how∣soever they misbehaved themselves, to use these words, viz.
to do whatever one has a mind to, without fear of Punishment, is to be a King.
This Saying you catch'd hold off, thinking it would make for your purpose; but consider it a little better, and you'll find your self deceiv'd. Does he in that place assert the right of Kings? Or does he not blame the common-people, and chide them for their sloth, in suffering their Nobility to Lord it over them, as if they were out of the reach of all Law, and in sub∣mitting again to that Kingly Tyranny, which toge∣ther with their Kings themselves, their Ancestors had lawfully and justly rejected and banish'd from amongst them? If you had consulted Tully,
you would have understood both Salust
better. In his Oration pro C. Rabirio,
There is none of us igno∣rant, says he, of the manner of Kings. These are their Lordly dictates. Mind what I say, and do accordingly.
Many passages to this purpose he quotes out of Poets, and calls them not the right, but the custom or the manner of Kings; and he says, We ought to read and consider them, not only for curiosity sake, but
that we may learn to beware of 'em and avoid 'em. You perceive how miserably you're come off with Salust,
who though he be as much an enemy to Tyranny, as any other Author whatsoever, you thought would have Patroniz'd this Tyrannical right that you are establishing. Take my word for't, the right of Kings seems to be tottering, and even to fur∣ther its own ruin, by relying upon such weak props for its support; and by endeavouring to maintain it self by such Examples and Authorities, as would ha∣sten its down-fall, if it were further off than it is. The extremity of right or law,
you say, is the height of injury, Summum jus summa injuria; this saying is ve∣rified most properly in Kings, who when they go to the ut∣most of their right, fall into those courses, in which
Samuel makes the Right of Kings to consist.
And 'tis a miserable Right, which when you have said all you can for, you can no otherwise defend, than by confessing, that it is the greatest injury that may be. The extremity of Right or Law is said to be, when a man ties himself up to Niceties, dwells upon Letters and Syllables, and in the mean time neglects the intent and equity of the Law; or when a written Law is cunningly and maliciously interpreted; this Cicero
makes to have been the rise of that common saying. But since 'tis certain that all right flows from the fountain of Ju∣stice, so that nothing can possibly be any man's right that is not just, 'tis a most wicked thing in you to af∣firm, that for a King to be unjust, rapacious, tyrannical, and as ill as the worst of 'em ever were, is according to the right of Kings, and to tell us that a Holy Pro∣phet would have persuaded the people to such a sense∣less thing. For whether written or unwritten, whether extreme or remiss, what Right can any Man have to be injurious? Which lest you should confess to be true
of other Men, but not of Kings; I have one Man's Authority to oppose you with, who I think was a King himself, and professeth that that Right of Kings that you speak of, is odious both to God and himself: It is in the 94th Psalm, Shall the throne of ini∣quity have fellowship with thee, that frameth mischief by a law?
Be not therefore so injurious to God, as to ascribe this Doctrine to him, viz.
that all man∣ner of wicked and flagitious Actions are but the Right of Kings; since himself tells us, that he abhors all fellowship with wicked Princes for this very rea∣son, Because under pretence of Soveraignty they create Misery and Vexation to their Subjects. Nei∣ther bring up a false Accusation against a Prophet of God; for by making him to teach us in this place what the Right of Kings is, you do not produce the right Samuel,
but such another empty Shadow, as was raised by the Witch of Endor.
Tho for my own part, I verily believe that that infernal Samuel
would not have been so great a Lyar, but that he would have confess'd, that what you call the Right of Kings, is Tyranny. We read indeed of Impieties countenanced by Law, Jus datum sceleri:
you your self confess, that they are bad Kings that have made use of this boundless License of theirs to do every thing. Now this Right that you have introduc'd for the Destruction of Mankind, not proceeding from God, as I have prov'd it does not, must needs come from the Devil; and that it does really so, will appear more clearly hereafter. By vertue of this Liber∣ty,
say you, Princes may if they will.
And for this, you pretend to have Cicero
's Authority. I'm always wil∣ling to mention your Authorities, for it generally hap∣pens that the very Authors you quote them out of, give you an Answer themselves. Hear else what Ci∣ceroPage 29
says in his 4th Phillippicke,
What cause of War can be more just and warrantable than to avoid Sla∣very? For tho a People may have the good fortune to live under a Gentle Master, yet they are in a mi∣serable Condition, whose Prince may Tyrannize over them if he will.
May, that is, can; has Power enough so to do. If he meant it of his Right, he would contradict himself, and make that an unjust Cause of War, which himself had affirm'd with the same Breath to be a most just one. It is not there∣fore the Right of all Kings that you describe, but the Injuriousness, and Force, and Violence of some. Then you tell us what private men may do. A private Man,
say you, may Lie, may be Ungrateful,
and so may Kings, but what then? May they therefore Plunder, Murder, Ravish without controul? 'Tis equally prejudicial and destructive to the Common∣wealth, whether it be their own Prince, or a Rob∣ber, or a Foreign Enemy that Spoils, Massacres, and Enslaves them. And questionless, being both alike Enemies of Humane Society, the one as well as the other may lawfully be oppos'd and punish'd; and their own Prince the rather, because he, tho raised to that Dignity by the Honours that his People have conferr'd upon him; and being bound by his Oath to defend the Publick Safety, betrays it notwith∣standing all. At last you grant, That Moses prescribes Laws, according to which the King that the People of
Is∣rael should chuse, ought to Govern, tho different from this Right that
which words contain a double Contradiction to what you have said before. For where•
s you had affirm'd, That a King was bound by no Law, here you confess he is. And you set up two contrary Rights, one described by Moses,
and another by Samuel,
which is absurd. But,
the Prophet, you shall be Servants to your King.
Tho I should grant that the Israelites
were really so, it would not presently follow, that it was the Right of their Kings to have them so; but that by the Usur∣pation and Injustice of most of them, they were re∣duc'd to that Condition. For the Prophet had fore∣told them, that that importunate Petition of theirs would bring a Punishment from God upon them; not because it would be their King's Right so to harrass them, but because they themselves had deserved it should be so. If Kings are out of the reach of the Law, so as that they may do what they list, they are more absolute than any Masters, and their Sub∣jects in a more despicable Condition than the worst of Slaves. The Law of God provided some Redress for them, tho of another Nation, if their Masters were Cruel and Unreasonable towards them. And can we imagine that the whole Body of the People of a free Nation, tho oppress'd and tyranniz'd over, and prey'd upon, should be left remediless? That they had no Law to protect them, no Sancturay to betake themselves to? Can we think that they were delivered from the Bondage that they were under to the Egyptian
Kings, to be reduced into a worse, to one of their own Brethren? All which being neither agreeable to the Law of God, nor to common Sense, nothing can be more evident than that the Prophet declares to the People the Manner,
and not the Right of Kings; nor the Manner
of all Kings, but of most. Then you come to the Rabbins,
and quote two of them, but you have as bad luck with them here, as you had before. For it is plain, that that other Chapter that Rabbi Joses
speaks of, and which con∣tains, he says, the Right of Kings, is that in Deute∣ronomy,
and not in Samuel.
For Rabbi Judas
truly, and against you, that that Discourse of Sa∣muel
's was intended only to frighten the People. 'Tis a most pernicious Doctrine to maintain, that to be any ones Right, which in its self is flat Injustice, unless you have a mind to speak by contraries. And that Samuel
intended to affrighten them, appears by the 18th Verse, And ye shall cry out in that day because of your king, which ye shall have chosen you, and I will not hear you in that day, saith the Lord.
That was to be their Punishment for their Obstinacy in persisting to desire a King against the Mind and Will of God, and yet they are not forbidden here either to pray against him, or to endeavour to rid themselves of him. For if they might lawfully pray to God against him, without doubt they might use all lawful means for their own Deliverance. For what Man living, when he finds himself in any Calamity, betakes him∣self to God, so as to neglect his own Duty in order to a Redress, and rely upon his lazy Prayers only? But be it how it will, what is all this to the Right of Kings, or of the English
People? Who neither asked a King against the Will of God, nor had one appointed us by God, but by the Right that all Na∣tions have to appoint their own Governors, appoint∣ed a King over us by Laws of our own, neither in Obedience to, nor against any Command of God? And this being the Case, for ought I see, we have done well in deposing our King, and are to be com∣mended for it, since the Israelites
sinned in asking one. And this the Event has made appear, for we, when we had a King, prayed to God against him, and he heard us, and delivered us. But the Jews,
who not being under a Kingly Government, desired a King, he suffered to live in Slavery under one, till at last, after their return from the Babylonish
they betook themselves to their former Govern∣ment again. Then you come to give us a display of your Talmudical Learning, but you have as ill suc∣cess with that, as you have had with all the rest. For whilst you are endeavouring to prove that Kings are not liable to any Temporal Judicature, you quote an Authority out of the Treatise of the Sanhedrim, That the King neither is judged of others, nor does himself judge any.
Which is against the Peoples own Petiti∣on in Samuel;
for they desired a King that might judge them. You labour in vain to salve this, by tel∣ling us, that it is to be understood of those Kings that reigned after the Babylonish
Captivity. For then, what say ye to Maimonides?
He makes this diffe∣rence betwixt the Kings of
Israel, and those of
Juda; that the Kings of the Posterity of
David judge, and are judged, but the Kings of
Israel do neither.
You con∣tradict and quarrel with your self, or your Rabbins,
and still do my work for me. This,
say you, is not to be understood of the Kings of
Israel in their first Institu∣tion;
for in the 17th Verse 'tis said, You shall be his Servants,
that is, he shall use ye to it, not that he shall have any Right to make you so. Or if you un∣derstand it of their Kings Right, 'tis but a Judg∣ment of God upon them for asking a King; the ef∣fects of which they were sensible of under most of their Kings, tho not perhaps under all. But you need no Antagonists, you are such a perpetual Adversary to your self. For you tell us now a Story, as if you were arguing on my side, how that first Aristobulus,
and after him J•naeus,
did not receive that Kingly right that they pretended to, from the Sanhedrim,
that great Treasury and Oracle of the Laws of that Nation, but usurped it by de∣grees against the Will of the Senate. For whose sake,
you say, that Childish Fable of the principal Men of that Assembly, being struck dead by the Angel
Gabriel, was first invented: And thus you confess that this mag∣nificent Prerogative, upon which you seem mainly to rely, viz. That Kings are not to be judged by any upon Earth,
was grounded upon this worse than an old Wives Tale, that is, upon a Rabbinical Fable. But that
the Hebrew Kings were liable to be call'd in Questi∣on for their Actions, and to be punished with stripes, if they were found faulty,Sichardus
shows at large out of the Writings of the Rabbins,
to which Author you are indebted for all that you make use of, of that sort of Learning, and yet you have the Impudence to be thwarting with him. Nay, we read in the Scripture that Saul
thought himself bound by a De∣cree of his own making; and in Obedience thereun∣to, that he cast Lots with his Son Jonathan
which of them two should die. Uzzias
likewise, when he was thrust out of the Temple by the Priests as a Leper, submitted as every private Person in such a Case ought to do, and ceas'd to be a King. Suppose he should have refused to go out of the Temple, and lay down the Government, and live alone, and had resol∣ved to assert that Kingly Right of not being subject to any Law; do you think the Priests and the People of the Jews
would have suffered the Temple to be •…
d, the Laws violated, and live themselves in danger of the In∣fection? It seems there are Laws against a 〈◊〉
King, but none against a Tyrant. Can any Man possibly be •
o mad and foolish as to fancy that the Laws should •
o far provide for the Peoples Health, as tho some noisome Distemper should seize upon the King himself, yet to prevent the Infection's reaching them; and make no Provision for the Security of their Lives and Estates, and the very being of the whole State
against the Tyranny of a cruel, unjust Prince, which is incomparably the greater mischief of the two? But,
say you, there can be no president shown of any one King, that has been ar•aigned in a Court of Justice, and 〈…〉 to dye. Sichardus
answers that well enough. ▪•
is all one, says he▪ as if one should argue on this manner. The Emperor of Germany
never was 〈◊〉
to appear before one of the Prince-Electors; therefore if the Prince Elector Palatine
should Impeach 〈…〉
▪ he were not bound to plead to it; tho it appears by the Golden Bull, that Charles
subjected himself and his Successors to that cognizance and Jurisdiction. But no wonder if Kings were indulged in their Am∣bition, and their Exorbitances passed by, when the 〈…〉
corrupt and depraved, that even pri∣vate 〈◊〉
▪ if they had either Money or Interest, might 〈◊〉
the Law▪ the guilty 〈…〉
of never so high 〈…〉
That 〈 in non-Latin alphabet 〉
that you speak of, that 〈…〉
upon any other, and ac∣•…
Earth, which you say is pe∣cu•…
of Sovereign Princes, Aristotle〈…〉
Book of his 〈◊〉. C•.
10. calls a most Tyran∣nical Form of Government, and not in the least to be endured by a 〈◊〉
People. And that Kings are not liable to be questioned for their Actions, you prove by the 〈◊〉
of a very Worthy Author, that Barba∣•…
Tyrant, Mark 〈◊〉
one of those that subvert∣ed 〈◊〉
Commonwealth of R•me:
And yet he him∣self when he undertook an Expedition against the 〈◊〉,
before him, to answer to a Cha•
ge of Murder, and would have punished him▪ 〈◊〉
brib'd him. So that Anthony
ing this Prerogative Royal, and your Defence of King Charles,
come both out of one and the same
Spring. And 'tis very reasonable,
say you, that it should be so; for Kings derive their Authority from God alone.
What Kings are those, I pray, that do so? For I deny that there ever were any such Kings in the World, that derived their Authority from God alone. Saul
the first King of Israel
had never reign'd, but that the People desired a King, even against the Will of God; and tho he was proclaimed King once at Mizpah,
yet after that, he lived a private Life, and look'd to his Fathers Cattel, till he was created so the second time by the People at Gilgal.
And what think ye of David?
Tho he had been anointed once by God, was he not anointed the second time in Hebron
by the Tribe of Judah,
and after that by all the People of Israel,
and that after a mutual Covenant betwixt him and them? 2 Sam. 5. 1 Chron.
11. Now a Covenant lays an Obligation upon Kings, and restrains them within Bounds. So∣lomon,
you say, succeeded him in the throne of the Lord, and was acceptable to all men: 1 Chron.
29. So, that 'tis something to be well-pleasing in the Eyes of the People. Jehoiadah
the Priest made Joash
King, but first he made him and the People enter into a Cove∣nant to one another, 2 Kings
11. I confess that these Kings, and all that reign'd of David
's Posteri∣ty, were appointed to the Kingdom both by God and the People; but of all other Kings of what Country soever, I affirm, that they are made so by the People only; nor can you make it appear that they are appointed by God any otherwise than as all other things, great and small, are said to be appointed by him, because nothing comes to pass without his Providence. So that I allow the Throne of David
was in a peculiar manner call'd, The throne of the Lord;
whereas the Thrones of other Princes are
no otherwise God's, than all other things in the World are his; which if you would, you might have learnt out of the same Chapter, Ver. 11, 12. Thine, O Lord, is the greatness,
&c. for all that is in the Hea∣ven, and in the Earth is thine. Both riches and honour come of thee, and thou reignest over all.
And this is so often repeated, not to puff up Kings, but to put them in mind, tho they think themselves Gods, that yet there is a God above them, to whom they owe whatever they are and have. And thus we easily understand what the Poets, and the Essenes
among the Jews
mean, when they tell us, That 'tis by God that Kings reign, and that they are of Jupiter;
for so all of us are of God, we are all his Off-spring. So that this universal Right of Almighty God's, and the Inter∣est that he has in Princes, and their Thrones, and all that belongs to them, does not at all derogate from the Peoples Right; but that notwithstanding all this, all other Kings,
not particularly and by name appointed by God, owe their Soveraignty to the People only, and consequently are accountable to them for the management of it. The truth of which Doctrine, tho the Common People are apt to flatter their Kings, yet they themselves acknow∣ledge, whether good ones, as Sarpedon
is described to have been, or bad ones, as those Tyrants in H•race.
〈 in non-Latin alphabet 〉, &c.
Glaucus, in Lycia we're ador'd like Gods:
What makes 'twixt us and others so great odds?
He resolves the Question himself:
Because, says he, we excel others in Heroical Virtues:
Let us fight
manfully then, says he, lest our Country-men tax us with Sloth and Cowardize. In which words he intimates to us, both that Kings derive their Grandeur from the People, and that for their Con∣duct and Behaviour in War, they are accountable to them. Bad Kings indeed, tho to cast some Terror into Peoples minds, and beget a Reverence of themselves, they declare to the World, that God only is the Author of Kingly Government; in their Hearts and Minds they reverence no other Deity but that of Fortune; according to that passage in Horace,
Te Dacus asper, te profugi Schythae,
Regumque matres barbarorum, &
Purpurei metuunt Tyranni.
Injurioso ne pede proruas
Stantem columnam, neu populus frequens
Ad arma cessantes, ad arma
Concitet, imperiumque frangat.
All barb'rous People, and their Princes too,
All Purple Tyrants honour you;
The very wandring Scythians do.
Support the Pillar of the Roman State,
Left all Men be involv'd in one Mans fate.
Continue us in Wealth and Peace;
Let Wars and Tumults ever cease.
So that if 'tis by God that Kings now adays Reign, 'tis by God too that the People assert their own Li∣berty; since all things are of him, and by him. I'm sure the Scripture bears witness to both; that by him Kings reign, and that by him they are cast down
from their Thrones. And yet experience teach∣eth us, that both these things are brought about by the People, oftner than by God. Be this Right of Kings therefore what it will, the Right of the People is as much of God as it. And when ever any People without some visible Designation of God him∣self, appoint a King over them, they have the same Right to put him down, that they had to set him up at first. And certainly 'tis a more God like Acti∣on to depose a Tyrant, than to set up one: And there appears much more of God in the People, when they depose an unjust Prince, than in a King that oppress•th an Innocent People. Nay, the People have a Warrant from God to judge wicked Princes; for God has conferrd this very honour upon those that are dear to him, that celebrating the praises of Christ their own King,
they shall bind in Chains the Kings of the Nations, (under which Appellation all Tyrants under the Gospel are included) and execute the Jidgments written upon them that challenge to themselves an Exemption from all written Laws,Psalm
149. So that there's but little reason left for that wicked and follish Opinion, that Kings who common∣ly are the worst of Men, should be so high in Gods ac∣••
unt, as that he should have put the World under 〈◊〉
, to be at their 〈◊〉
, and be govern'd according to their humour; and that for their sakes alone he sh•
uld have reduced all Mankind, whom he made 〈◊〉
his own Image, into the same condition with 〈◊〉
. After all this, rather than say nothing, you 〈◊〉〈◊〉,
as a countenancer of Tyranny; but 〈…〉
better have let him alone. I can't say 〈…〉
irm'd that Princes are accountable 〈…〉
God's Tribunal. But Xiphilene
indeed, out of whom you quote those words of M. Aurelius,
a certain Government, which he calls an Autar∣chy,
of which he makes God the only Judge. 〈 in non-Latin alphabet 〉
. But that this word Autarchy and Monarchy 〈◊〉
Synonymous, I cannot ••
sily perswade my self to believe And the more I read what goes before, the 〈◊〉
, I find my self inclinable to think so. And certainly whoever consi∣ders the Context, will not easily apprehend what coherence this sentence has with it, and must needs wonder how it comes so abruptly into the Text; especially since Marcus Aurelius,
that Mirrour of Prin∣ces, carried himself towards the people, as Capitoli∣nus
tells us, just as if Rome
had been a Common∣wealth still. And we all know that when it was so, the Supreme Power was in the People. The same Emperour honoured the memory of Thraseas,
who all were Tyrant-slayers, or affected the reputation of being thought so. In the first Book that he writes of his own Life, he says that he propos'd to himself a form of Government, under which all men might equally enjoy the benefit of the Law, and Right and Justice be equally administred to all. And in his fourth Book he says, The Law is Master, and not he. He acknow∣ledged the right of the Senate and the people, and their Interest in all things: We are so far, says he, from having any thing of our own, that we live in your Houses. These things Xiphiline
relates of him. So little did he arrogate ought to himself by vertue of his Soveraign Right.
When he died, he recommended his Son to the Romans
for his Successor, if they should think he deserv'd it. So far was he from pretending to a Commission from Heaven to exercise that abso∣lute and imaginary right of Soveraignty, that Au∣tarchy, that you tell us of. All the La••n and Gre•kPage 40B•…s are full of Authorities of this nature.
But we have heard none of 'em yet. So are the Jewish Authors.
And yet, you say, The Jews in many things allow'd but too little to their Princes.
Nay, you'l find that both the Gr••ks
and the Latins
allow'd much less to Tyrants. And 〈◊〉〈◊〉
allow'd them, would appear, if that Book that Samuel
wrote of the manner of the Kingdom
were extant; which Book the Hebrew
Do∣ctors tell us their Kings •…
re in pieces and burnt, that they might be more at liberty to Tyrannize over the people without controul or f••
r of punishment. Now look about ye again, and catch hold of somewhat or other. In the last place you come to wrest David
's words in the 17th.
Psalm, 〈◊〉 my sentence come forth from thy 〈◊〉.
Therefore, says Barnachmoni, God only can judge the King.
And yet it's most likely that David〈◊〉
this Psalm when he was persecuted by S•…,
at which time, though himself were Anointed, he did not decline being judged even by Jonathan: Notwithstanding, if there be •…ity in me, stay me thy self, 1 Sam
20. At least in this Psalm he does no more than what any person in the world would do upon the like occasion; being falsely accus'd by men, he 〈…〉
the judgment of God himself, Let thine 〈…〉 that is right, th•• hast pr•v•d and •….
What relation has this to a Tem∣•…
rtainly they do no good office to 〈…〉
Kings, that thus discover the weakness of its 〈…〉
. Then you come with that thread∣bare 〈…〉
, which of all others is most in vogue with our 〈◊〉
, Against thee, thee only have I sinned, Psal
. As if David
in the midst of his Repen∣tance. when ov••
whelm'd with sorrow, and almost 〈…〉
was humbly imploring God's 〈◊〉
, had 〈…〉
right of his,
when his heart was so low, that he thought he de∣serv'd not the right of a slave. And can we think that he despis'd all the people of God, his own Bre∣thren, to that degree, as to believe that he might murder 'em, plunder 'em, and commit Adultery with their wives, and yet not sin against them all this while? So holy a man could never be guilty of such insufferable pride, nor have so little knowledg either of himself, or of his duty to his Neighbour. So without doubt, when he says, Against thee only,
he means, against thee chiefly have I sinned, &c.
But whatever he meant, the words of a Psalm are too full of Poetry, and this Psalm too full of Passion, to afford us any exact definitions of Right and Justice; nor is it proper to argue any thing of that nature from '•
m. But David was never question'd for this, nor made to plead for his life before the San•edrim.
What then? How should they know that any such thing had been, which was done so privately, that perhaps for some years after not above one or two were privy to it, as such secrets there are in most Courts? 2 Sam. 12. Thou hast done this thing in secret.
Besides, what if the Senate should neglect to punish private persons? would any infer that therefore they ought not to be punish'd at all? But the reason why David
was not proceeded against as a malefactor, is not much in the dark: He had condemn'd himself in the 5th.
verse, The man that hath done this thing shall surely die.
To which the Prophet presently replies, Thou art the man.
So that in the Prophet's judgment as well as his own, he was worthy of death; but God by his Soveraign Right over all things, and of his great mercy to David,
absolves him from the guilt of his Sin, and the sentence of death which he had pronounc'd a∣gainst himself; verse 13th. The Lord hath put away
thy sin, thou shalt not die.
The next thing you do is to rail at some bloody Advocate or other, and you take a deal of pains to refute the conclusion of his Dis∣course. Let him look to that. I'le endeavour to be as short as I can in what I'ue undertaken to go through with. But some things I must not pass by without taking notice of; as first and formost your notorious contradictions; for in the 30th.
Page you say, The Israelites do not deprecate an unjust, rapacious, Tyrannical King, one as bad as the worst of Kings are.
And yet, page
42 you are very smart upon your Advocate, for maintaining that the Israelites
asked for a Tyrant: Would they have leaped out of the Frying-pan into the fire,
say you and gr•an under the cruelty of the worst of Ty∣rants, rather than live under bad Judges, especially being us'd to such a form of Government?
First you said the Hebrews
would rather live under Tyrants than Judges, here you say they would rather live under Judges than Tyrants; and that they desir'd nothing less than a Tyrant
So that your Advocate may answer you out of your own Book. For according to your Principles 'tis every King's right to be a Tyrant. What you say next, is very true, The Supreme Power was then in the people, which appears by their own rejecting their Judges, and making choice of a Kingly Government.
Remember this when I shall have occasion to make use of it. You say that God gave the children of Israel a King as a thing good and profitable for them, and deny that he gave them one in his anger as a punishment for their sin.
But that will receive an easie answer; for to what purpose should they cry to God because of the King that they had chosen if it were not because a Kingly Govern∣ment is an evil thing; not in it self, but because it most commonly does, as Samuel
forewarns the peo∣ple that theirs would, degenerate into Pride and Ty∣ranny;
if y'are not yet satisfied, hark what you say your self; acknowledg your own hand, and blush; 'tis your Apparatus ad Primatum: God gave them a King in his anger,
say you, being offended at their sin in reje∣cting him from ruling over them; and so the Christian Church, as a punishment for it's forsaking the pure Worship of God has been subjected to the more than Kingly Government of one mortal head.
So that if your own com∣parison holds, either God gave the Children of Israel
a King as an evil thing, and as a punishment; or he has set up the Pope for the good of the Church. Was there ever any thing more and light mad than this man is? Who would trust him in the smallest mat∣ters, that in things of so great concern says and un∣says without any consideration in the world? You tell us in your 29th.
Page, That by the constitution of all Nations, Kings are bound by no Law.
That this had been the judgment both of the Eastern and Western part of the VVorld.
And yet pag.
43. you say, That all the Kings of the East ruled〈 in non-Latin alphabet 〉
, according to Law, nay that the very Kings of
Egypt in all matters whatsoever, whether great or small, were tied to Laws.
Though in the begin∣ning of this Chapter you had undertook to demon∣strate that Kings are bound by no Laws, that they give Laws to others, but have none prescribed to themselves.
For my part I've no reason to be angry with ye, for ei∣ther y'are mad, or of our side. You do not defend the King's cause, but arguë against him, and play the fool with him: Or if y'are in earnest, that Epigram of Ca∣tullus:
Tantò pessimus omnium Poeta,
Quantò tu optimus omnium Patronus,
The worst of Poets, I my self declare,
By how much you the best of Patrons are.
That Epigram, I say, may be turn'd, and very pro∣perly applied to you; for there never was so good a
Poet, as you are a bad Patron. Unless that stupidity, that you complain your Advocate is immers'd over head and ears in, has blinded the eyes of your own under∣standing too, I'le make ye now sensible that y'are be∣come a very brute your self. For now you come and confess that the Kings of all Nations have Laws prescribed to them. But then you say again, They are not so under the power of them, as to be liable to censure or punishment of death, if they break them. Which yet you have proved neither from Scripture, nor from any good Authour. Observe then in short; to prescribe Mu∣nicipal Laws to such as are not bound by them, is silly and ridiculous; and to punish all others, but leave some one man at liberty to commit all sort of Impieties without fear of punishment, is most unjust; the Law being general, and not making any excep∣tion; neither of which can be suppos'd to hold place in the Constitutions of any wise Law-maker, much less in those of God's own making. But that all may perceive how unable you are to prove out of the wri∣tings of the Jews, what you undertook in this Chap∣ter to make appear by 'em, you confess of your own accord, That there are some Rabbins, who affirm that their fore fathers ought not to have had any other King than God himself; and that he set other Kings over them for their pu∣nishment. And of those men's opinion, I declare my self to be. It is not fitting nor decent that any man should be a King that does not far excel all his Sub∣jects. But where men are Equals as in all Governments very many are, they ought to have an equal interest in the Government, and hold it by turns. But that all Men should be Slaves to one that is their Equal, or (as it happens most commonly) far inferior to 'em, and very often a Fool, who can so much as entertain such a thought without Indignation? Nor does it make for the
Honour of a Kingly Government, that our Saviour was of the posterity of some Kings, more than it does for the com∣mendation of the worst of Kings, that he was the Offspring of some of them too. The Messias is a King. We acknowledg him so to be, and rejoyce that he is so, pray that his Kingdom may come, for he is worthy. Nor is there any other either equal or next to him. And yet a Kingly Government being put into the hands of unworthy and undeserving persons, as most commonly it is, may well be thought to have done more harm than good to Mankind. Nor does it follow for all this that all Kings as such, are Ty∣rants. But suppose it did, as for argument sake, I'le allow it does, least you should think I'm too hard with ye. Make you the best use of it you can. Then, say you, God himself may properly be said to be the King of Tyrants, nay, himself the worst of all Tyrants. If the first of these conclusions does not follow, another does, which may be drawn from most parts of your Book: viz. That you perpetually contradict, not only the Scriptures, but your own self. For in the very last fore-going Period you had affirmed that God was the King of all things, having himself created them. Now he created Tyrants and Devils, and consequent∣ly by your own reason, is the King of such. The 2'd of these Conclusions we detest, and wish that blas∣phemous Mouth of yours were stopt up, with which you affirm God to be the worst of Tyrants, If he be, as you often say he is, the King and Lord of such. Nor do you much advantage your Cause by telling us that Moses was a King, and had the absolute and supream power of a King. For we could be content that any other were so, that could refer our matters to God, as Moses did, and consult with him about our affairs. Exod. 18. v. 19. But neither did Moses, notwithstanding
his great familiatity with God, ever assume a Liberty of doing what he would himself. What says he of himself? The people come unto me to enquire of God. They came not then to receive Moses his own Dictates and Commands, Then says Jethro, ver. 19. Be thou for the people to God-ward, that thou mayst bring their cau∣ses unto God. And Moses himself says, Deut. 4. v 5. I have taught you statutes and judgments, even as the Lord my God commanded me. Hence it is that he is said to have been faithful in all the hause of God. Numb. 12 v. 7. So that the Lord Jehovah himself was the people's King, and Moses no other than as it were an Interpreter or a Messenger betwixt him and them. Nor can you without In piety and Sacriledg; transfer this absolute supream Power and Authority from God to a man; (not having any Warrant from the word of God so to do) which Moses used only as a Deputy or Substitute to God; under whose Eye, and in whose presence, him∣self and the people always were. But now, for an aggravation of your wickedness, though here you make Moses to have exercis'd an absolute and unlimi∣tted Power, in your apparat. ad primat. Page 230. You say that he together with the seventy elders ruled the people, and that himself was the chief of the people, but not their Master. If Moses therefore were a King, as certainly he was, and the best of Kings, and had a Supream and Legal Power, as you say he had, and yet neither was the people's Master nor Govern'd them alone; then according to you, Kings, though indued with the Supream Power, are not by Ver∣tue of that Sovereign and Kingly Right of theirs Lords over the people, nor ought to Govern them alone; much less, according to their own Will and Pleasure? After all this, you have the Impudence to feign a command from God to that people, to set up a
King over them, as soon as they should be possessed of the holy land, Deut. 17. For you craftily leave out the for∣mer words, and shalt say, I will set a King over me, &c. And now call to mind what you said before, Page 42d and what I said, I should have occasion to make use of: viz. That the power was then in the people, and that they were entirely free. What follows, argues you either Mad or irreligious; take whether you lift: God, say you, having so long before appointed a Kingly Government, as best and most proper for that people; what shall we say to Samuel's opposing it, and God's own acting, as if himself were against it? How do these things agree? He finds himself caught, and observe now with how great malice against the Prophet, and impiety against God, he endeavours to disentangle himself. We must consider, says he That Samuel's own Sons then Judged the people, and the people rejected them because of their corruption; now Samuel was loth his Sons should be lay'd aside, and God to gratify the Prophet, intimated to him as if himself were not very well pleased with it. Speak out ye wretch, and never mince the matter: You mean, God dealt deceitfully with Samuel, and he with the peo∣ple. It is not your Advocate, but your self that are Frantick and Distracted; who cast off all reverence to God Almighty, so you may but seem to Honour the King. Would Samuel prefer the Interest of his Sons and their Ambition, and their Covetousness, before the general good of all the people, when they asked a thing that would be good and profitable for them? Can we think that he would impose upon them by cunning and subtilty, and make them believe things that were not? Or if we should suppose all this true of Samuel, would God himself countenance and gra∣tify him in it; would he dissemble with the people? So that either that was not the right of Kings which
Page 48Samuel taught the people; or else that right by the Testimony, both of God and the Prophet was an evil thing, was burdensom, injurious, unprofitable, and chargeable to the Common-wealth: Or Lastly, (which must not be admitted), God and the Pro∣phet •eceiv'd the People. God frequently protests that he was extreamly displeas'd with them for asking a King▪ v. 7th. They have not rejected thee, but they have rejected me, that I should not reign over them. As if it were a kind of Idolatry to ask a King, that would even suffer himself to be ador'd, and assume almost Divine Honour to himself. And certainly, they that subject themselves to a worldly Master, and set him above all Laws, come but a little short of chu∣sing a strange God: And a strange one it commonly is; brutish, and void of all sense and reason. So 1st of Sam. Chap. 10th. v. 19th. And ye have this day re∣jected your God, who himself saved you out of all your ad∣versities and your tribulation, and ye have said unto him, Nay, but set a king over us, &c. and Chap 12th. v. 12th. Ye said unto me, Nay, but a king shall reign over us; when the Lord your God was your king, and v. the 17th. See that your wickedness is great, that ye have done in the sight the Lord, in asking you a king. And Hosea speaks con∣temptibly of the King, Chap. 13. v. 10th. 11th. I will be thy king; where is any other that may save in all thy cities, and thy judges of whom thou saidest: give me a king and princes? I gave th•• a king in mine anger, and took him 〈…〉 my wrath. And Gidem that warlike Judg, that was greater than a King; I will not rule over you, says he, 〈…〉 shall my son rule over you; the Lord shall rule over you, Judges, Chap the 8th. Intimating thereby, that it is not fit for a man, but for God only to exercise Dominion over men. And hence Josephus in his Book against A•…, an Egyptian Grammarian, and a •oul∣mouth'd
fellow, like you, calls the Commonwealth of the Hebrews a Theocracy, because the principality was in God only. In Isaiah, Chap. 26. v. 13. The peo∣ple in their repentance, complain that it had been mis∣chievous to them, that other Lords besides God himself, had had Dominion over them. All which places prove clearly, that God gave the Israelites a King in his an∣ger; but now who can forbear laughing at the use you make of Abimelech's story? Of whom it is said, when he was kill'd, partly by a woman, that hurl'd a piece of a Mill-stone upon him, and partly by his own Armour-Bearer; that God rendred the wick∣edness of Abimelech. This History, say you, proves strong∣ly that God only is the Judge and Avenger of Kings. Yea, if this Argument holds, he is the only Judge and Punisher of Tyrants, Villanous Rascals and Bastards, whoever can get into the Saddle, whether by right or by wrong, has thereby obtain'd a Soveraign King∣ly right over the people, is out of all danger of pu∣nishment, all inferior Magistrates must lay down their Arms at his feet, the people must not dare to mutter. But what if some great notorious robber had perished in War, as Abimelech did, would any man infer from thence, That God only is the Judge and Punisher of High-way men? Or what if Abimelech had been condemn'd by the Law, and died by an Exe∣cutioner's hand, would not God then have rendred his wickedness? You never read that the Judges of the Children of Israel were ever proceeded against according to Law: And yet you confess, That where the Government is an Aristocracy, the Prince, if there be any, may and ought to be call'd in question, if he break the Laws. This in your 47th. Page. And why may not a Tyrant as well be proceeded against in a Kingly Go∣vernment? Why, because God rendred the wicked∣ness
of Abimelech. So did the Women, and so did his own Armour-bearer; over both which he pre∣tended to a right of Soveraignty. And what if the Magistrates had rendred his wickedness? Do not they bear the Sword for that very purpose, for the pu∣nishment of Malefactors? Having done with his pow∣erful argument from the History of Abimelech's death, he b•takes himself, as his custom is, to Slanders and Calumnies; nothing but dirt and filth comes from him; but for those things that he promis'd to make appear, he hath not prov'd any one of them, either from the Scriptures, or from the Writings of the Rab∣bins. He alledges no reason why Kings should be a∣bove all Laws, and they only of all mortal men ex∣empt from punishment, if they deserve it. He falls foul upon those very Authors and Authorities that he makes use of, and by his own Discourse demonstrates the truth of the opinion that he argues against. And perceiving that he is like to do but little good with his arguments, he endeavours to bring an odium up∣on us, by loading us with slanderous accusations, as having put to death the most Vertuous innocent Prince that ever reign'd. VVas King Solomon, says he, better than King Charles the First? I confess some have ventur'd to compare his Father King James with So∣lomon, nay to make King James the better Gentleman of the 〈◊〉. Solomon was David's Son, David had been Sau•…,•…n; but king James was the Son of the End of Darly, who, as •uchanan tells us, because D•… the Musitian get into the Queen's Bed-Cham∣ber at an unseasonable time, kill'd him a little after, he could not get to him then because he had Bolted the Door on the inside. So that King James being the Son of an Ear•, was the better Gentleman; and was frequently called a second Solomon, though it is not
very certain that himself was not the Son of David the Musitian too. But how could it ever come into your head to make a comparison betwixt King C•ries and Solomon? For that very King Charles whom you praise thus to the sky, that very man's ob•…acy, and covetousness, and cruelty, his hard usage of all good and honest men, the Wars that he rais'd, the Spoil∣ings and Plunderings and Conflagrations that he oc∣casioned, and the death of innumerable of his Sub∣jects that he was the cause of, does his Son Charles, at this very time whilest I'm a writing, confess and be∣wail in the Stool of Repentance in Scotland and re∣nounces there that Kingly right that you assert; but since you delight in Parallels, let's compare King Charles and King Solomon together a little: Solomon began his reign with the death of his Brother, who had justly deserved it; King Charles began his with his Fa∣ther's Funeral, I do not say with his Murder; and yet all the marks and tokens of Poyson that may be, appeared in his dead body; but the suspition lighted upon the Duke of Buckingham only; whom the 〈◊〉 notwithstanding cleared to the Parliament, though he had killed the King, and his Father; and not only so• but he dissolved the Parliament, lest the matter should be enquired into Solomon oppressed the people with heavy Taxes; but he spent that •…upon the Temple of God, and in raising other publick Buil∣dings. King Charles spent his in Extravag 〈◊〉Solomon was enticed to Idolatry by many Wives: This man by one. Solomon, though he were seduced himself, we read not that he seduced others; but King Charles seduced and enticed others not only by large and am∣ple rewards to corrupt the Church, but by his Edicts and Ecclesiastical Constitutions he compelled them to set up Altars, which all Protestants abhor, and to
bow down to Crucifixes painted over them on the Wall. But yet for all this, Solomon was not condem∣ned to die. Nor does it follow, because he was not, that therefore he ought not to have been. Perhaps there were many Circumstances that made it then not expedient. But not long after the people both by words and actions made appear what they took to be their right; when Ten Tribes of Twelve revolted from his Son; and if he had not saved himself by flight, it is very likely they would have stoned him, notwithstanding his Threats and big swelling words.
HAving proved sufficiently that the Kings of the Jews were subject to the same Laws that the people were; That there are no exceptions made in Scripture; That 'tis a most false assertion, grounded upon no reason, nor warranted by any Authority, to say, That Kings may do what they list with Impuni∣ty; That God has exempted them from all humane Jurisdiction, and reserved them to his own Tribu∣nal only: Let us now consider, whether the Gospel preach up any such Doctrine, and enjoyn that blind obedience which the Law was so far from doing, that it commanded the contrary; let us consider whether or no the Gospel, that Heavenly Promulgation, as it were, of Christian Liberty, reduce us to a condition of Slavery to Kings and Tyrants, from whose im∣•… rule even the old Law, that Mistress of Slavery, 〈…〉 the people of God, when it obtained. Your •…ent you take from the person of Christ himself. But, alas! who does not know that he put 〈◊〉 into the condition, not of a private person
only, but even of a servant, that we might be made free? Nor is this to be understood of some inter∣nal spiritual liberty only; how inconsistent else would that Song of his Mothers be with the design of his coming into the world, He hath scattered the proud in the imagination of their heart, he hath put down the migh∣ty from their seat, and hath exalted the humble and meek? How ill suited to their occasion would these expressi∣ons be, if the coming of Christ rather established and strengthened a Tyrannical Government, and made a blind subjection the duty of all Christians? Himself having been born and lived and died under a Tyran∣nical Government, has thereby purchased Liberty for us. As he gives us his Grace to submit patiently to a condition of Slavery, if there be a necessity of it; so if by any honest ways and means we can rid our selves, and obtain our Liberty, he is so far from restrain∣ing us, that he encourageth us so to do. Hence it is that St. Paul not only of an Evangelical, but a Civil Liberty, says thus, 1 Cor. 7. 21. Art thou called being a servant, care not for it; but if thou maist be made free, use it rather; you are bought with a price, be not ye ser∣vants of men. So that you are very impertinent in endeavouring to argue us into Slavery by the exam∣ple of our Saviour; who by submitting to such a con∣dition himself, has confirmed even our Civil Liberties. He took upon him indeed in our stead the form of a servant, but he always retained his purpose of being a deliverer; and thence it was that he taught us a quite other notion of the right of Kings, than this that you endeavour to make good: You, I say, that preach up not Kingship, but Tyranny, and that in a Commonwealth; by enjoyning not a necessary only, but a Religious subjection to whatever Tyrant gets into the Chair, whether he come to it by Succession,
or by Conquest, or chance, or any how. And now He turn your own weapons against you, and oppose you, as 〈◊〉 to do, with your own Authorities. When the Collectors of the Tribute-money came to Christ for Tribute in Galilee, he asked Peter, Mat. 17. Of whom the Kings of the earth took custom or tribute, of their own •…dren, or of strangers? Peter saith unto him, Of strangers; 〈◊〉 saith unto him, then are the children free; notwithstanding lest we should offend them. &c give unto them for thee and for me Expositors differ upon this place whom ••is Tribute was paid to; some say it was 〈◊〉 to the Priests, for the use of the Sanctuary; others that it was paid to the Emperour. I am of opinion that it was the Revenue of the Sanctuary, but paid to Herad, who perverted the Institution of it, and took it to himself. Josephus mentions divers sorts of Tribute which he and his Sons exacted, all which A•…ppa afterwards remitted. And this very Tribute, though small in it self, yet being accompanied with many more, was a heavy burden; the Jews, even the poorest of them, in the time of their Commonwealth paid a 〈◊〉; so that it was some considerable oppres∣sion that our Saviour spoke of; and from hence he took occasion to Tax Herod's Injustice, under whose Government, and within whose Jurisdiction he then was; in that, whereas the Kings of the Earth (who a•…ct usually the Title of Fathers of their Country) do not use to oppress their own Children, that is, their own natural born Subjects with heavy and un∣reasonable Exactions, but lay such burdens upon strangers and conquer'd enemies; he, quite contrary, oppr•ssed not strangers, but his own people. But let what will be here meant by Children, either natural born Subjects, or the Children of God, and those the Elect only, or Christians in general, as St. AugustinePage 55
understands the place; this is certain, that if Peter was a child, and therefore free, then by consequence we are so too, by our Saviour's own Testimony, either as Englishmen, or as Christans; and that consequently it is not the right of Kings to exact heavy Tributes from their own Countrymen, and those freeborn Subjects. Christ himself professeth, that he paid not this Tribute as a thing that was due, but that he might not bring trouble upon himself by offending those that demand∣ed it. The work that he came into this World to do, was quite of another Nature. But if our Savi∣our deny, that it is the Right of Kings to burden their Free-born Subjects with grievous Exactions, he would certainly muchless allow it to be their Right to Spoil, Massacre, and Torture their own Country∣men, and those Christians too. He discoursed after such a manner of the Right of Kings, that those that he spoke to suspected his Principles, as laying too great a restraint upon Sovereignty, and not allow∣ing the License that Tyrants assume to themselves to be the Rights of Kings. It was not for nothing that the Pharisees put such Questions to him, temp∣ting him; and that at the same time they told him, that he regarded not the Person of any Man; nor was it for nothing that he was angry when such Questions were proposed to him, Matth. 22. If one should endeavour to ensuare you with little Questi∣ons, and catch at your Answers, to ground an Ac∣cusation against you upon your own Principles con∣cerning the Right of Kings, and all this under a Mo∣narchy, would you be angry with him? You'd have but very little reason. 'Tis evident, That our Savi∣ours Principles concerning Government, were not agreeable to the Hamour of Princes. His Answer too implies as much; by which he rather turn'd
them away, than instructed them. He asked for the Tribute-money. Whose Image and Superscription is it, says he? They tell him it was Caesar's. Give then to Caesar, says he, the things that are Caesar's; and to God, the things that are God's. And how comes it to pass, that the People should not have given to them the things that are theirs? Render to all men their dues, says St. Paul, Rom. 13. So that Caesar must not ingross all to himself. Our Liberty is not Caesar's; 'tis a Bles∣sing we have received from God himself; 'tis what we are born to; to lay this down at Caesar's feet, which we derive not from him, which we are not be∣holden to him for, were an unworthy Action, and a degrading of our very Nature. If one should con∣sider attentively the Countenance of a Man, and en∣quire after whose Image so noble a Creature were framed; would not any one that heard him, present∣ly make answer, That he was made after the Image of God himself? Being therefore peculiarly God's own, and consequently things that are to be given to him; we are intirely free by Nature, and cannot without the greatest Sacrilege imaginable be reduced into a Condition of Slavery to any Man, especial∣ly to a wicked, unjust, cruel Tyrant. Our Saviour does not take upon him to determine what things are God's, and what Caesar's; he leaves that as he found it. If the piece of Money which they shewed him, was the same that was paid to God, as in Vespatian's time it was, then our Saviour is so far from having put an end to the Controversy, that he has but entangl'd it, and made it more perplext than it was before; for 'tis impossible the same thing should be given both to God, and to Caesar. But, you say, he intimates to them what things were Caesar's; to wit, that piece 〈◊〉 Money because it bore the Emperor's Stamp; and
what of all that? How does this advantage your Cause? You get not the Emperor, or to your self, a Penny by this Conclusion. Either Christ allowed no∣nothing at all to be Caesar's, but that piece of Money that he then had in his hand, and thereby asserted the Peoples Interest in every thing else; or else, if (as you would have us understand him) he affirms all Money that has the Emperor's stamp upon it, to be the Emperor's own. He contradicts himself, and gives the Magistrate a property in every Man's E∣state, when as he himself paid his Tribute-mo∣ney with a Protestation, that it was more than what either Peter, or himself was bound to do. The ground you rely on, is very weak; for Money bears the Prince's Image, not as a token of its being his, but of its being good Metal, and that none may presume to Counterfeit it. If the writing Princes Names, or setting their Stamps upon a thing, vest the property of it in them, 'twere a good ready way for them to invade all Property. Or rather, if whatever Subjects have, be absolutely at their Prince's disposal, which is your Assertion, that piece of Mo∣ney was not Caesar's, because his Image was stampt on it, but because of Right it belonged to him before 'twas coyn'd. So that nothing can be more manifest, than that our Saviour in this place never intended to teach our Duty to Magistrates (he would have spoke more plainly, if he had) but to reprehend the Malice and Wickedness of the hypocri∣tical Pharisees. When they told him that Herod laid wait to kill him; did he return an humble, submis∣sive Answer? Go, tell that Fox, says he, &c. intima∣ting, that Kings have no other Right to destroy their Subjects, than Foxes have to devour the things they prey upon. Say you,
He suffered Death under a Ty∣rant.
How could he possibly under any other?
But from hence you conclude, that he asserted it to be the Right of Kings to commit Murder, and act Injustice. You'd make an excellent Moralist. But our Saviour, tho he became a Servant, not to make us so, but that we might be free; yet carried he himself so with Relation to the Magistracy, as not to ascribe any more to them then their due. Now, let us come at last to enquire what his Doctrine was upon this Subject. The Sons of Z•bedee
were ambiti∣ous of Honour and Power in the Kingdom of Christ,
which they persuaded themselves he would shortly set up in the World; he reproves them so, as withal to let all Christians know what Form of Civil Govern∣ment he desires they should settle amongst themselves. Ye know,
says he, that the Princes of the Gentiles exercise dominion over them; and they that are great, exercise au∣thority upon them; but it shall not be so among you; but whosover will be great among you, let him be your Minister; and whosoever will be chief among you, let him be your ser∣vant.
Unless you'd been distracted, you could never have imagined that this place makes for you: and yet you urge it, and think it furnishes you with an Argument to prove that our Kings are absolute Lords and Masters over us and ours. May it be our fortune to have to do with such Enemies in War, as will fall blind-fold and naked into our Camp instead of their own: as you constantly do, who alledge that for your self, that of all things in the World makes most against you. The Israelites
asked God for a King, such a King as other Nations round about them had. God dissuaded them by many Arguments, which our Saviour here gives us an Epi∣tomy of; You know that the Princes of the
Gentiles exer∣cise Dominion over them.
But yet, because the IsraelitesPage 59
persisted in their desire of a King, God gave them one, tho in his Wrath. Our Saviour, lest Christi∣ans should desire a King, such a one at least, as might Rule as, he says, the Princes of the Gentiles
did, prevents them with an Injunction to the contrary; but it shall not be so among you.
What can be said plai∣ner than this? That stately, imperious Sway and Do∣minion that Kings use to exercise, shall not be a∣mongst you; what specious Titles soever they may assume to themselves, as that of Benefactors, or the like. But he that will be great amongst you,
(and who is greater than the Prince?) let him be your Servant.
So that the Lawyer, whoever he be, that you are so smart upon, was not so much out of the way, but had our Saviour's own Authority to back him, when he said that Christian Princes were indeed no other than the Peoples Servants; 'tis very certain that all good Magistrates are so. Insomuch that Christians either must have no King at all, or if they have, that King must be the People's Servant. Absolute Lordship and Christianity are inconsistent. Moses
himself, by whose Ministry that seviler Oeconomy of the old Law was instituted, did not exercise an Arbitrary, Haughty Power and Authority, but bore the burden of the People, and carried them in his Bosom, as a Nursing Father does a sucking Child, Numb.
11. and what is that of a Nursing Father, but a Ministerial Imploy∣ment? Plato
would not have the Magistrates called Lords, but Servants and Helpers of the People; nor the People Servants, but Maintainers of their Magi∣strates, because they give Meat, Drink, and Wages to their Kings themselves. Aristotle
calls the Magi∣strates, Keepers and Ministers of the Laws. Plato,
Ministers and servants. The Apostle calls them Mi∣nisters of God; but they are Ministers and Servants
of the People, and of the Laws, nevertheless for all that; the Laws and the Magistrates were both created for the good of the People: And yet this is it, that you call the Opinion of the Fanatick-Mastiffs in
England. I should not have thought the People of England
were Mastiff dogs, if such a Mungril-Cur as thou art, did not bark at them so Currishly; the Master, if it shall please ye, of St. I upus*
, St. Wolf,
it seems complains, that the Mastiffs are mad (Fanaticks). Germa∣nus
heretofore, whose Colleague that Lupus
was, deposed our Incestuous King Vortigerne
by his own Authority. And therefore St. Lupus
despises thee, the Master not of St. Lupus, (a Holy Wolf)
but of some hunger-starv'd, thieving, little Wolf or other, as being more contemptible than that Master of Vi∣pers, of whom Martial
makes mention, who hast by Relation, a barking She-wolf at home too, that domineers over thee most wretchedly; at whose In∣stigations, as I am informed, thou hast wrote this stuff. And therefore it is the less wonder that thou shouldst endeavour to obtrude an Absolute Regal Government upon others, who hast been accustomed to bear a Female Rule so servilely at home thy self. Be therefore, in the Name of God, the Master of a Wolf, lest a She-wolf be thy Mistress; be a Wolf thy self, be a Monster made up of a Man, and a Wolf; whatever thou art, the English
Mastiffs will but make a laughing-stock of thee. But I am not now at leisure to hunt for Wolves, and will put an end therefore to this Digression. You that but a while ago wrote a Book against all manner of superiority in the Church, now call St. Peter
the Prince of the Apostles. How inconstant you are in your Principles! But what says Peter? Submit your
selves to every ordinance of man, for the Lord's sake, whether it be to the King as Supream, or to Governours, as unto them that are sent by him, for the punishment of evil doers, and the praise of them that do well: for so is the will of God,
&c. This Epistle Peter
wrote, not only to private Persons, but those Strangers scatter'd and dispers'd through Asia;
who in those places where they sojourned, had no o∣ther right, than that the Laws of Hospitality intituled them to. Do you think such mens case to be the same with that of Natives, Free-born Subjects, No∣bility, Senates, Assemblies of Estates, Parliaments? Nay, is not the case far different of private Persons, tho' in their own Countrey, and Senators, Magistrates, without whom, Kings themselves cannot possibly subsist? But let us suppose that St. Peter
had directed his Epistle to the Natural born Subjects, and those not pri∣vate persons neither; suppose he had writ to the Se∣nate of Rome,
What then? No Law that is ground∣ed upon a reason, expresly set down in the Law it self, obligeth further than the reason of it extends. Be sub∣ject,
says he, 〈 in non-Latin alphabet 〉
: That is, according to the genuine sense and import of the word, be subordi∣nate, or legally subject.
For the law, Aristotle
says, is order. Submit for the Lord's sake.
Why so? Because a King is an Officer appointed by God for the punishment of evil doers, and the praise of them that do well. For so is the will of God:
To wit, That we should submit and yield Obedience to such as are here described. There is not a word spoken of any other. You see the ground of this Precept, and how well'tis laid. The Apostle adds in the 16th
v. as Free;
therefore not as Slaves.
What now, if Princes pervert the design of Magistracy, and use the power that is put into their Hands, to the ruin and destruction of good men; and the praise and encouragement of evil doers? Must we
all be condemn'd to perpetual Slavery, not private persons only, but our Nobility, all our inferior Ma∣gistrates; our very Parliament it self? Is not temporal Government call'd a humane Ordinance? How comes it to pass then, that mankind should have power to appoint and constitute, what may be good and profitable for one another; and want power to restrain or suppress things that are universally mis∣chievious and destructive? That Prince, you say, whom St. Peter
enjoyns Subjection to, was Nero
the Tyrant: And from thence you infer, that it is our Duty to submit and yield Obedience to such But it is not certain that this Epistle was writ in Ner•'s
Reign: 'Tis as likely to have been writ in Claudius
his time. And they that are commanded to submit, were pri∣vate Persons and Strangers; they were no Consuls, no Magistrates: 'Twas not the Roman Senate,
that St. Peter
directed his Epistle to. Now let us hear what use you make of St. Paul,
(for you take a freedom with the Apostles, I find, that you will not allow us to take with Princes, you make St. Peter
the chief of them to day, and to morrow put another in his place). St. Paul
in his 13th
Chap. to the Romans,
has these words. Let every soul be subject unto the higher Powers, for there is no power but of God; the powers that be, are ordained of God.
I confess, he writes this to the Romans,
not to Strangers dispers'd, as Peter
did; but yet he writes to private persons, and those of the meaner rank, And yet he gives us a true, and a clear account of the reason, the Original, and the design of Government; and shows us the true and proper ground of our Obedience, that it's far from imposing a necessity upon us of being Slaves
Let every Soul, says he; that is, let every man submit.Chrysosthome
tells us, that
design in this
Discourse, was to make it appear, that our Saviour did not go about to introduce principles incon∣sistent with the Civil Government, but such as strengthned it, and settled it upon the surest Foun∣dations.
He never intended then by setting Nero,
or any other Tyrant out of the reach of all Laws, to enslave mankind under his lust and cruelty.
He in∣tended too says the same Author, to disswade from unnecessary and causeless Wars.
But he does not con∣demn a War taken up against a Tyrant, a bosom Ene∣my of his own Countrey, and consequently the most dangerous that may be.
'Twas commonly said in those days, that the Doctrine of the Apostles was seditious, themselves persons that endeavour'd to shake the se•l•d •aws and Government of the world; that this was what they aim'd at in all they said and did.
The Apostle in this Chapter stops the mouths of such gain sayers: •
o that the Apostles did not write in defence of Tyrants, as you do; but they as∣serted such things as made them suspected to be ene∣mies to the Government they liv'd under, things that stood in need of being explained and interpreted, and having another sense put upon them, than was generally receiv'd. St. Chrysostme
has now taught us what the Apostle's design was in this Discourse; let us now examine his words. Let every soul be subject to the higher powers.
He tells us not what those Higher Powers are, nor who they are; for he never intended to overthrow all Governments, and the several Con∣stitutions of Nations, and subject all to some one man's will. Every good Emperour acknowledged that the Laws of the Empire, and the Authority of the Senate was above himself; and the same principle and notion of Government has obtained all along in Civiliz'd Nations. Pindar,
as he is cited by Herodo∣tus,Page 64
calls the Law 〈 in non-Latin alphabet 〉
, King over all. Or∣pheus
in his Hymns calls it the King both of Gods and Men. And he gives the reason why it is so; Because,
says he, 'tis that that sits at the helm of all humane affairs. Plato
in his Book de Legibus,
calls it 〈 in non-Latin alphabet 〉
: that that ought to have the greatest sway in the Common∣wealth.
In his Epistles he commends that Form of Go∣vernment, in which the Law is made Lord and Master, and no scope given to any Man to tyrannize over the Laws. Aristotle
is of the same Opinion in his Poli∣ticks;
and so is Cicero
in his Book De Legibus,
That the Laws ought to Govern the Magistrates, as they do the people. The Law therefore having always been accounted the highest Power on Earth, by the judg∣ment of the most Learned and wise men that ever were, and by the Constitutions of the best ordered States, and it being very certain that the Do∣ctrine of the Gospel is neither contrary to reason nor the Law of Nations, that man is truly and pro∣perly subject to the higher Powers, that obeys the Law, and the Magistrates, so far as they govern ac∣cording to Law. So that St. Paul
does not only com∣mand the people, but Princes themselves to be in sub∣jection: who are not above the Laws, but bound by them: For there is no power but of God:
that is, no form; no lawful Constitution of any Government. The most ancient Laws that are known to us, were formerly ascribed to God as their Author. For the Law, says Cicero
in his Philipp.
is no other than a rule of well grounded reason, derived from God himself, enjoyning whatever is just and right, and forbidding the contrary. So that the institution of Magistracy is Jure Divino,
and the end of it is, that Mankind might live under certain Laws, and be govern'd by them; but what particular form of Government
each Nation would live under, and what Persons should be entrusted with the Magistracy, without doubt was left to the choice of each Nation. Hence St. Peter
calls Kings and Deputies, Humane Ordinances.
in the 8th Chapter of his Prophesy, They have set up Kings, but not by me; they have made Princes, and I knew it not.
For in the Commonwealth of the Hebrews,
where upon matters of great and weighty Importance, they could have access to God himself, and consult with him; they could not chuse a King themselves by Law, but were to refer the matter to him. Other Nations have received no such Com∣mand. Sometimes the very Form of Government, if it be amiss, or at lest those Persons that have the Power in their hands, are not of God, but of Men, or of the Devil, Luke 4. All this power will I give un∣to thee, for it is delivered unto me, and I give it to whom I will.
Hence the Devil is called the Prince of this World; and in the 12th of the Revelations,
the Dra∣gon gave to the Beast his Power, and his Throne, and great Authority. So that we must not under∣stand St. Paul,
as if he spoke of all sorts of Magistrates in general, but of lawful Magistrates; and so they are described in what follows. We must also under∣stand him of the Powers themselves; not of those Men always, in whose hands they are lodged. St. Chrysostome
speaks very well, and clearly upon this occasion. What?
says he, is every Prince then appointed by God to be so? I say no such thing,
says he. St.
Paul speaks not of the Person of the Magistrate, but of the Ma∣gistracy it self. He does not say, there is no Prince but who is of God. He says there is no Power but of God.
Thus far St. Chrysostome;
for what Powers are, are ordained of God. So that St. Paul
speaks only of a lawful Magistracy. For what is Evil and amiss, can∣not
be said to be ordain'd, because 'tis disorderly; order and disorder cannot consist together in the same Subject. The Apostle says, The Powers that be;
and you interpret his words as if he had said, The Powers that now be;
that you may prove that the Romans
ought in Conscience to obey Nero,
who you take for granted was then Emperor. I'm very well content you should read the words so, and draw that Con∣clusion from them. The Consequence will be, that English
Men ought to yield Obedience to the present Government, as 'tis now establisht according to a new Model; because you must needs acknowledge that it is the present
Government, and ordain'd of God, as much at least as Nero's
was. And lest you should object that Nero
came to the Empire by a Law∣ful Succession, it's apparent from the Roman
History that both he and Tiberius
got into the Chair by the Tricks and Artifices of their Mothers, and had no right at all to the Succession. So that you are incon∣sistent with your self, and retract from your own Principles, in affirming that the Romans
owed Sub∣jection to the Government that then was; and yet denying that Englishmen
owe Subjection to the Go∣vernment that now is. But 'tis no wonder to hear you contradict your self. There are no two things in the World more directly opposite and contrary to one another, than you are to your self. But what will become of you, poor Wretch? You have quite ••
done the young King with your Witicisms, and ruin'd his Fortunes utterly; for according to your own Doctrine you must needs confess, that this present
Government in England,
is ordain'd of God,
and that all Englishmen
are bound in Conscience to submit to it. •
ake notice all ye Criticks and Tex∣•…
ries. Do not you presume to meddie with this
Text. Thus Salmasius
corrects that Passage in the Epistle to the Romans:
He has made a discovery, that the Words ought not to be read, The Powers that are;
but, The Powers that now are:
And all this to prove, that all Men owed Subjection and Obedience to Nero
the Tyrant, whom he supp sed to have been then Emperor. This Epistle,
which you say was writ in Nero
's time, was writ in his Predecessor's time, who was an honest well-meaning Man: And this Learned Men evince by undeniable Arguments. But besides, the five first years of Nero
's Reign were without Exception. So that this thread-bare Argu∣ment, which so many Men have at their Tongue's end, and have been deceived by, to wit, that Ty∣rants are to be obeyed, because St. Paul
injoyns a Subjection to Nero;
is evident to have been but a cunning Invention of some ignorant Parson. He that resists the Powers,
to wit, a lawful Power, resists the Ordnance of God.
Kings themselves come under the Penalty of this Law, when they resist the Senate, and act contrary to the Laws But do they resist the Ordinance of God, that resist an unlawful Power, or a Person that goes about to overthrow and de∣stroy a lawful one? No Man living in his right wits can maintain such an Assertion. The words imme∣diately after make it as clear as the Sun, that the Apostle speaks only of a lawful Power; for he gives us in them a Definition of Magistrates, and thereby explains to us, who are the Persons thus authoriz'd, and upon what account we are to yield Obedience, lest we should be apt. to mistake, and ground ex∣travagant Notions upon his Discourse. The Magi∣strates,
says he, are not a Terror to good Works, but to evil; Wilt thou then not be afraid of the Power? Do that which is good, and thou shalt have praise of the same:
For he is the Minister of God to thee for good. He bear∣eth not the Sword in vain; for he is the Minister of God, a Revenger to execute Wrath upon him that doth Evil.
What honest Man would not willingly submit to such a Magistracy as is here described? And that not only to avoid W•
ath, and for fear of Punish∣ment, but for Conscience sake.
Without Magistrates, and some Form or other of Civil Government, no Commonwealth, no Humane Society can subsist; there were no-living in the World. But whatever Power enables a Man, or whatsoever Magistrate takes upon him to act contrary to what St. Paul
makes the Duty of those that are in Authority; neither is that Power, nor that Magistrate ordain'd of God. And consequently to such a Magistracy no Subjecti∣on is commanded, nor is any due, nor are the Peo∣ple forbidden to resist such Authority, for in so do∣ing they do not resist the Power, nor the Magistracy, as they are here excellently well described; but they resist a Robber, a Tyrant, an Enemy; who if he may notwithstanding in some sense be called a Magi∣strate, upon this account only, because he has Power in his hands, which perhaps God may have invested him with for our punishment; by the same reason the Devil may be called a Magistrate. This is most certain, that there can be but one true Definition of one and the same thing. So that if St. Paul
in this place define what a Magistrate is, which he cer∣tainly does, and that accurately well; He cannot possibly define a Tyrant,
the most contrary thing ima∣ginable, in the same words. Hence I infer, that he commands us to submit to such Magistrates only as he himself defines and describes, and not to Tyrants,
which are quite other things. For this Cause you pay Tribute also.
He gives a Reason, together with a Command. Hence
St. Chrysostome; Why do we pay Tribute to Princes?
says he, Do we not thereby reward them for the care they take of our Safety? We should not have paid them any Tribute, if we had not been convinc'd, That it was good for us to live under a Government.
So that I must here repeat what I have said already, That since Subjection is not ab∣solutely enjoined, but upon a particular Reason, that reason must be the rule of our Subjection; where that reason holds, we are Rebels if we submit not; where it holds not, we are Cowards and Slaves if we do. But,
say you, the
English are far from being Freemen; for they are wicked and flagitious.
I will not reckon up here the Vices of the French,
tho they live under a Kingly Government; neither will I excuse my own Countrey-men too far; but this I may safely say, Whatever Vices they have, they have learnt them un∣der a Kingly Government; as the Israelites
learnt a great deal of Wickedness in Egypt:
And as they, when they were brought into the Wilderness, and li∣ved under the immediate Government of God him∣self, could hardly reform; just so 'tis with us: But there are good hopes of many amongst us; that I may not here celebrate those men amongst us, that are eminent for their Piety and Virtue, and Love of the Truth; of which sort I persuade my self we have as great a number, as where you think there are most such. But they have laid a heavy yoke upon the
What if they have, upon those of them that endeavoured to lay a heavy yoke upon all the rest? Upon those that have deserved to be put under the hatches? As for the rest, I question not but they are very well content to be at the Expence of main∣taining their own Liberty, the Publick Treasury being exhausted by the Civil Wars. Now he betakes him∣self to the Fabulous Rabbins
again: He asserts fre∣quently,
that Kings are bound by no Laws; and yet he proves. That a cording to the sense of the Rabbins, a King may be guilty of Treason, by suffering an Invasion upon the Rights of his Crown
So Kings are bound by Laws, and they are not bound by them; they may be Criminals, and yet they may not be so. This man contradicts himself so perpetually, that Contradicti∣on and he seem to be of ki•
to one another You say that God himself put many Kingdoms under the yoke of Nebuchadnezz•r,
King of Babylon.
I confess he did so for a time, Jer
27. 7 but do you make ap∣pear if you can, that he put the English
Nation into a condition of Slavery to Charles Stuart
for a minute. I confess he suffered them to be enslaved by him for some time; but I never yet heard that himself ap∣pointed it so to be Or if you will have it so that God shall be said to put a Nation under Slavery when a Tyrant prevails; why may he not as well be said to deliver them from his Tyranny, when the People pre∣vail and get the upper hand? Shall his Tyranny be said to be of God, and not our Liberty? There is no evil in the City, that the Lord hath not done, A∣mos
3. So that Famine, Pestilence, Sedition, War, all of them are of God; and is it therefore unlawful for a People afflicted with any of these Plagues, to endeavour to get rid of them? Certainly they would do their utmost, tho they know them to be sent by God, unless himself miraculously from Heaven should command the contrary: And why may they not by the same reason rid themselves of a Tyrant, if they are stonger than he? Why should we suppose his weak∣ness to be appointed by God for the ruin and destru∣ction of the Commonwealth, rather than the Power and Strength of all the People, for the good of the State? 〈◊〉
be it from all Commonwealths, from all Societies
of free-born men to maintain not only such pernici∣ous, but such stupid and senseless Principles; Princi∣ples that subvert all Civil Society, that to gratitie a few Tyrants, level all Mankind with Brutes; and by setting Princes out of the reach of humane Laws, give them an equal power over both. I pass by those foolish Dilemma's
that you now make, which that you might take occasion to propose, you feign some or other to assert that, that superlative power of Princes is derived from the people;
though for my own part I do not at all doubt but that all the power that any Ma∣gistrates have, is so. Hence Cicero
in his Orat. pro Flacco,
Our wise and holy Ancestors, says he, ap∣pointed those things to obtain for Laws, that the people Enacted.
And hence it is that Lucius Crassus,
an Excellent Roman Orator,
and at that time President of the Senate, when in a Controversie betwixt them and the common people, he asserted their rights,
I beseech you, says he, suffer not us to live in subje∣jection to any, but your selves, to the entire body, of whom we can and ought to submit.
For though the Roman
Senate Govern'd the people, the people themselves had appointed them to be their Governours, and had put that power into their hands. We read the term of Majesty
more frequently applied to the people of Rome,
than to their Kings. Tully
in Orat. pro Plancio,
It is the condition of all free people, (says he) and especially of this people, the Lord of all Nations, by their Votes to give or take away, to or from any, as themselves see cause. '•is the duty of the Magistrates patiently to submit to what the body of the people Enact. Those that are not ambi∣tious of Honour, have the less obligation upon them to Court the people; those that affect Preferment, must not be weary of entreating them.
scruple to call a King the servant of his people, when I hear the Roman
Senate, that reign'd over so many Kings, profess themselves to be but the peoples ser∣vants? You'l object perhaps, and say, that all this is very true in a popular State; but the case was alter∣ed afterwards, when the Regal Law transferred all the people's right into Augustus
and his Successors. But what think you then of Tiberius,
whom your self confess to have been a very great Tyrant, as he cer∣tainly was; Suetonius
says of him, that when he was once called Lord
though after the Enacting of that Lex Regia,
he desired the person that gave him that appellation, to forbear abusing him. How does this sound in your ears? a Tyrant thinks one of his Subjects abuses him in calling him Lord.
The same Emperour in one of his Speeches to the Senate,
I have said, says he, frequently heretofore, and now I say it again, that a good Prince whom you have invested with so great power, as I am entrusted with, ought to serve the Senate, and the body of the people, and sometimes even particular persons; nor do I repent of having said so: I confess that you have been good and just, and indulgent Masters to me, and that you are yet so.
You may say that he dissembled in all this, as he was a great Proficient in the art of Hypocrisie; but that's all one. No man endeavours to appear otherwise than he ought to be. Hence T••itus
tells us, that it was the custom in Rome
for the Emperours in the Circus,
to worship the peo∣ple; and that both Nero
and other Emperours pra∣ctised it. Claudian
in his Panegyrick upon Honorius
mentions the same custom. By which sort of Adora∣tion what could possibly be meant, but that the Em∣perours of Rome,
even after the Enacting of the Lex R•gia,
confessed the whole body of the people to be
their Superiors? But I find, as I suspected at first, and so I told ye, that you have spent more time and pains in turning over Glossaries, and Criticising upon Texts, and propagating such like Laborious trifles, than in reading sound Authors so as to improve your know∣ledg by them. For had you been never so little versed in the Writings of Learned men in former ages, you would not have accounted an opinion new, and the product of some Enthusiastick heads, which has been asserted and maintained by the greatest Philosophers, and most famous Politicians in the world. You en∣deavour to expose one Martin,
who you tell us was a Taylor,
and one William
but if they are such as you describe them, I think they and you may very well go together; though they themselves would be able to instruct you, and unfold those mysterious Rid∣dles that you propose: as, Whether or no they that in a Monarchy would have the King but a servant to the Common∣wealth, will say the same thing of the whole body of the people in a popular State? And whether all the people serve in a Democracy, or only some part or other serve the rest?
And when they have been an Oedipus
to you, by my consent you shall be a Sphinx
to them in good earnest, and throw your self headlong from some precip•
ce or other, and break your neck; for else I'm afraid you'l never have done with your Riddles and Fooleries. You ask, Whether or no, when St. Paul names Kings, he meant the people?
I confess St. Paul
commands us to pray for Kings, but he had commanded us to pray for the people before, vers.
1. But there are some for all that, both among Kings and common people, that we are forbidden to pray for; and if a man must not so much as be prayed for, may he not be punished? What should hinder? But, when Paul wrote this Epistle, he that reigned was the most profligate person in the world.Page 74
That's false. For Lodovicus Capellus
makes it evident, that this Epistle likewise was writ in Claudius
his time. When St. Paul
has occasion to speak of Nero,
he calls him not a King but a Lion,
that is, a wild, savage beast, from whose Jaws he is glad he was delivered, 2 Tim.
4. So that it is for Kings, not for beasts that we are to pray, that under them we may live a quiet and a peaceable life, in all godliness and honesty.
Kings and their Interest are not the things here intended to be advan∣ced and secured; 'tis the publick peace, Godliness and honesty, whose establishment we are commanded to endeavour after, and to pray for. But is there any people in the world that would not chuse rather to live an honest and a careful life though never free from War and troubles, in the defence of themselves and their Families, whether against Tyrants or Enemies, (for I make no difference) than under the power of a Tyrant or an enemy to spin out a life equally trouble∣some, accompanied with Slavery and Ignominy? that the latter is the more desirable of the two, I'le prove by a Testimony of your own, not because I think your authority worth quoting, but that all men may observe how double-tongu'd you are, and how Mer∣cenary your Pen is:
Who would not rather, say you,
bear with those dissentions that through the emulation of great men often happen in an Aristo∣cratical Government, than live under the Tyranni∣cal Government of one, where nothing but certain misery and ruin is to be look'd for? The people of Rome
prefer'd their Commonwealth, though never so much shatter'd with Civil broils, before the in∣tollerable yoke of their Emperours. When a peo∣ple to avoid sedition, submits to a Monarchy, and finds by experience, that that is the worse evil of
the two, they often desire to return to their former Government again.
These are your own words, and more you have to this purpose in that Discourse concerning Bishops, which under a feigned name you wrote against Petavius
though your self are more a J•suit
than he, •
ay worse than any of that Crew. We have already heard the sense of the Scripture upon this Subject; and it has been worth our 〈◊〉
to take some pains to find it out. But perhaps it will not be so to enquire into the Judg∣ments of the Fathers, and ransack their Volumes; for if they assert any thing which is not warranted by the word of God, we may safely reject their au∣thority, be it never so great; and particularly that expression that you alledg out of Irenaeus,
God in his Providence orders it so, that such Kings reign as are suitable to, and proper for the people they are to Govern, all Circumstances considered.
That ex∣pression, I say, is directly contrary to Scripture. For though God himself declared openly that it was bet∣ter for his own people to be Governed by Judges than by Kings, yet he left it to them, to change that form of Government for a worse, if they would themselves. And we read frequently, that when the body of the people has been good, they have had a wicked King, and contrariwise that a good King has sometimes reign'd when the people have been wicked. So that wise and prudent men are to consider and see what is profitable and fit for the people in general; for it is very certain that the same form of Govern∣ment is not equally convenient for all Nations, nor for the same Nation at all times; but sometimes one, sometimes another may be more proper, according as the industry and valour of the people may increase or decay. But if you deprive the people of this liberty of
setting up what Government they like best among themselves, you take that from them, in which the life of all Civil Liberty consists. Then you tell us of Justin Martyr,
of his humble and submissive behaviour to the Antonini,
those best of Empe∣rours; as if any body would not do the like to Princes of such moderation as they were.
How much worse Christians are we in these days, than they were? They were content to live under Prince of another Religion.
Alas! They were private persons, and infinitely inferior to the contrary party in strength and number. But now Papists will not endure a protestant Prince, nor Protestants one that is Popish.
You do well and discreetly, in showing your self to be nei∣ther Papist nor Protestant. And you are very liberal in your concessions; for now you confess that all sorts of Christians agree in thrt very thing, that you alone take upon you with so much impudence and wicked∣ness, to cry down and oppose. And how unlike those Fathers that you commend, do ye show your self? They wrote Apologies for the Christians to Heathen Princes; you in defence of a wicked Popish King, against Christians and Protestants. Then you enter∣tain us with a number of impertinent quotations out of Athenagoras
Things that we have already heard out of the Writings of the Apostles, much more clearly and intelligibly exprest. But Ter∣tullian
was quite of a different opinion from yours, of a King's being a Lord and Master over his Subjects: Which you either knew not, or wickedly dessembled. For he, though he were a Christian, and di∣rected his discourse to a Heathen Emperor, had the confidence to tell him, that an Emperor ought not to be called Lord.
himself, says •e,
that formed this Empire, refus'd this appellation:
'Tis a Title proper to God only. Not but that the Ti∣tle of Lord and Master may in some sense be ascribed to the Emperor: But there is a peculiar sense of that word, which is proper to God only; and in that sense, I will not ascribe it to the Emperor. I am the Emperor's free-man. God alone is my Lord
And the same Author, in the same Discourse; how inconsistent, says he,
are those two Appellations, Father
of his Countrey, and Lord
And now I wish you much jo•
▪ of Tertullian's
authority, whom it had been a great deal better you had let alone. But
Tertullian calls them Parricides that slew
Domitian. And he does well, for so they were, his Wife and Servants conspir'd against him. And they set one Parthenius
who were accus'd for concealing part of the publick Treasure, to make him away. If the Senate, and the people of Rome
had proceeded against him, according to the custom of their Ancestors, had given Judgment of Death against him, as they did once against Nero,
and had made search for him to put him to Death; do ye think Tertul∣lian
would have called them Parricides?
If he had, he would have deserv'd to be hang'd, as you do. I give the same answer to your quotation out of Origen,
that I have given already, to what you have cited out of Irenaeus. Athanasius
indeed says, that Kings are not accountable before humane Tribunals. But I wonder who told Athanasius
this? I do not hear that he produceth any authority from Scripture,
to confirm this assertion. And I'le rather believe Kings and Emperors themselves, who deny that they themselves have any such Priviledg, than I will Atha∣nasius.
Then you quote Ambrosius,
who after he had been a Proconsul,
and after that became a Catechumen,
at last got into a Bishoprick: But for his authority, I
say, that his Interpretation of those words of David, against thee only have I sinued,
is both ignorant and adulatory. He was willing all others should be en∣thrall'd to the Emperor, that he might enthral the Emperor to himself. We all know with what a Pa∣p•
l pride and arrogancy he treated Theodosius
the Em∣peror, how he took upon him to declare him guilty of that 〈◊〉
and to forbid him coming into the Church; how miserably raw in Di∣vinity; and unacquainted with the Doctrine of the Gospel, he shewed himself upon that occasion; When the Emperor fell down at his feet, he commanded him to get him out of the Porch. At last, when he was received again into the Communion of the Church, and had offered, because he continued standing near to the 〈◊〉
, the Magisterial Pielate commanded him out of the ra•
s; O Emperor,
says he these inner places are for the Priests only, 'tis not lawful for others to come within them!
Does this sound like the behaviour of a Minister of the Gospel, or like that of a Jewish
High-Priest? And yet, this man, such as we hear he was, would have the Emperor ride other people that him∣self might ride him, which is a common trick of al∣most all Ecclessiasticks.. With words to this purpose, he put back the Emperor as inferior to himself: You r•…over men,
said he, that are partakers of the same Na∣ture, and Fellow-servants with your self: For there is one only Lord and King over all, to wit, the Creator of all.
This is very pretty! This piece of truth, which the craft and flattery of Clergy-men has all along en∣deavoured to suppress and obscure, was then brought to light by the furious passion, or to speak more mildly, by the ignorant indiscr••
t zeal of one of them. After you have displa•
his ignorance, you show your own, or rather, vent a Heresie, in affir∣ming
point blank, That under the old Testament, there was no such thing as forgiveness of sins upon the account of Christ's sufferings, since
David confess'd his transgression, saying, Against thee only have I sinned,
P. 68. 'Tis the Orthodox tenet, that there never was any remis∣sion of sins, but by the blood of the Lamb that was slain from the beginning of the world. I know not whose Disciple you are, that set up for a broacher of new Heresies: but certain I am, that that great Divine's Disciple whom you are so angry with, did not mistake himself, when he said that any one of David's
Sub∣jects might have said, against thee only have I sinned,
as properly, and with as much right, as David
him∣self. Then you quote St. Augustine,
and produce a company of Hipponensian
Divines. What you alledg out of St. Austin,
makes not at all against us. We confess that, as the Prophet Daniel
has it, it's God that changeth times, sets up one Kingdom, and pulls down another; we only desire to have it allow'd us, that he makes use of men as his Instruments. If God alone gave a Kingdom to King Charles,
God alone has taken it from him again, and given it to the Par∣liament, and to the People. If therefore our Allegi∣ance was due to King Charles,
because God had given him a Kingdom; for the same reason it is now due to the present Magistracy. For your self confess, that God has given our Magistra es such power as he useth to give to wicked Princes, for the punishment of the Na∣tion. And the consequence of this will be, that ac∣cording to your own opinion, our present Magi∣strates being rais'd and appointed by God, cannot lawfully be deposed by any, but God himself. Thus you overthrow the opinion you pretend to maintain, which is a thing very frequent with 〈◊〉
; Your Apo∣logy for the King, carries it's deaths-wound in it.
You have attained to such a prodigious degree of Madness and Stupidity, as to prove it unlawful upon any account whatsoever, to lift up ones finger against Magistrates, and with the very next breath, to affirm that it's the duty of their Sujects to rise up in Rebel∣lion against them. You tell us that St. Jerom
that slew Gedalia,
a Parricide or Traytor: And it is very true, that he was so: For Gedalia
was Depu∣ty Governour of Judaea,
a good man, and slain by Ismael
without any cause. The same Author in his Comment upon the Book of Ecclesiastes,
says, that Solomon's
command to keep the King's Commandment, is the same with St. Paul's
Doctrine, upon the same subject; And deserves commendation for ha∣ving made a more moderate Construction of that Text, than most of his Contemporaries. You say you will forbear enquiring into the Sentiments of Learned Men that lived since St. Augustine
's time; but to shew that you had rather dispence with a lie, than not quote any Author that you think makes for you, in the very next period but one, you produce the Au∣thorities of Isidore, Gregory,
and Otho, Spanish
Authors, that liv'd in the most barbarous and ignorant ages of all; whose Authorities, if you knew how much we despise, you would not have told a lye to have quoted them. But would you know the reason why he dares not come so low as to the present times? Why he does as it were hide himself, and disapear, when he comes towards our own times? The reason is, Because he knows full well, that as many Eminent Divines as there are of the Reformed Church, so many Adversaries he would have to en∣counter. Let him take up the Cudgels, if he thinks fit; he will quickly find himself run down with in∣numerable Authorities out of Luther, Zuinglius, Cal∣vin,
Bucer, Martyr, Paraeus,
and the rest. I could op∣pose you with Testimonies out of Divines that have flourished even in Leyden.
Though that famous U∣niversity and Renowned Commonwealth, which has been as it were a Sanctuary for Liberty, those Foun∣tains and Streams of all Polite Learning, have not yet been able to wash away that slavish rust that sticks to you, and infuse a little humanity into you. Finding your self destitute of any assistance or help from Orthodox Protestant Divines, you have the im∣pudence to betake your self to the Sorbonists,
whose Colledge you know is devoted to the Romish
Religion, and consequently but of very weak authority amongst Protestants. We are willing to deliver so wicked an assertor of Tyranny as you, to be drown'd in the Sorbon,
as being asham'd to own so despicable a slave, as you show your self to be, by maintaining that the whole body of a Nation is not equal in power to the most slothful, degenerate Prince that may be. You labour in vain to lay that upon the Pope, which all free Nations, and all Orthodox Divines own and as∣sert. But the Pope and his Clergy, when they were in a low condition, and but of small account in the world, were the first Authors of this pernicious ab∣surd Doctrine of yours; and when by preaching such Doctrine they had gotten power into their own hands, they became the worst of Tyrants themselves. Yet they engaged all Princes to themselves by the closest tye imaginable, perswading the world, that was now besotted with their Superstition, that it was unlawful to Depose Princes though never so bad, un∣less the Pope dispensed with their Allegiance to them, by absolving them from their Oaths. But you avoid Orthodox Writers, and endeavour to burden the truth with prejudice and calumny, by making the
Pope the first assertor of what is a known and com∣mon received opinion amongst them; which if you did not do it cunningly, you would make your self appear to be neither. Papist nor Protestant, but a kind of a Mongrel Idumean Herodian.
For as they of old adored one most inhumane bloody Tyrant for the M•ssias,
so you would have the world fall down and worship all. You boast that you have confirm'd your opinion by the Testimonies of the Fathers that flou∣rished in the four first Centuries; whose Writings only are Evangelical, and according to the truth of the Christian Religion.
This man is past all shame! how many things did they preach, how many things have they published, which Christ
and his Apostles never taught? How many things are there in their Writings, in which all Protestant Divines differ from them? But what is that opinion that you have confirm'd by their Authorities? Why, that evil Princes are appointed by God.
Allow that, as all other pernicious and destru∣ctive things are. What then? why, that therefore they have no Judge but God alone, that they are above all humane Laws, that there is no Law, written or unwritten, no Law of Nature, nor of God, to call them to account before their own subjects.
But how comes that to pass? Certain I am, that there is no Law against it: No Penal Law excepts Kings. And all reason and justice requires, that those that offend, should be punished according to their deserts, without respect of persons. Nor have you hitherto produced any one Law, either written or unwritten, of God or of Nature, by which this is forbidden. What stands in the way then? why may not Kings be proceeded against? why, because they are appointed by God, be they never so bad.
I do not know whether I had best call you a 〈◊〉
, or a Fool, or ig∣norant, unlearned Barbarian. You show your self a
vile wretch, by propagating a Doctrine so destructive and pernicious; and y'are a Fool for backing it with such silly arguments. God says in Isa. 54. I have crea∣ted the slayer to destroy.
Then by your reason a murde∣rer is above the Laws. Turn this topsie turvy, and consider it as long as you will, you'l find the conse∣quence to be the same with your own. For the Pope is appointed by God, just as Tyrants are, and set up for the punishment of the Church, which I have al∣ready demonstrated out of your own Writings; and yet,
say you, Wal. Mes. pag. 42. Because he has raised his Primacy to an insufferable height of power, so as that he has made it neither better nor worse than plain down-right Ty∣ranny, both he and his Bishops may be put down more law∣fully than they were at first set up.
You tell us that the Pope and the Bishops (though God in his wrath ap∣pointed them), may yet lawfully be rooted out of the Church, because they are Tyrants; and yet you de∣ny that 'tis lawful to depose a Tyrant in the Com∣mon wealth, and that for no other reason than because God appointed him, though he did it in his anger. What ridiculous stuff this is! for whereas the Pope cannot hurt a man's Conscience against his own will, for in the Consciences of men it is that his Kingdom consists, yet you are for deposing him as a grievous Ty∣rant, in whose own power it is not, to be a Tyrant; and yet you maintain that a Tyrant properly and truly so called, a Tyrant that has all our Lives and Estates within his reach, without whose assistance the Pope himself could not exercise his Tyranny in the Church, ought for Conscience sake to be born withal and sub∣mitted to. These assertions compar'd with one ano∣ther betray your Childishness to that degree, that no man can read your Books, but must of necessity take notice of your ignorance, rashness, and incogitancy.
But you alledg another reason, Humane affairs would be turn'd upside down.
They would so, and be chang'd for the better. Humane affairs would certainly be in a deplorable condition, if being once troubled and dis∣order'd, there were a necessity of their continuing always so. I say, they would be chang'd for the bet∣ter; for the Kings power would revert to the people, from whom it was first derived and conferred upon one of themselves; and the power would be trans∣ferred from him that abused it, to them that were prejudiced and injured by the abuse of it; than which nothing can be more just; for there could not well be an Umpire
in such a case; who would stand to the judgment of a Foreigner? all mankind would equally be subject to the Laws; there would be no gods of flesh and blood. Which kind of Deities whoever goes about to set up in the world, they are equally injurious to Church and Commonwealth. Now I must turn your own weapons upon you again. You say, There can be no greater Heresie than this, to set up one man in Christ's seat. These two are infallible marks of Antichrist, Infallibility in Spirituals, and Omnipotence in Temporals. Apparat. ad Prim pag.
171. Do you pretend that Kings are infallible? If you do not, why do you make them Omnipotent? And how comes it to pass that an unlimited power in one man should be accounted less destructive to Temporal things, than it is to Ecclesiastical? Or do you think that God takes no care at all of Civil affairs? If he takes none him∣self, I'm sure he does not forbid us to take care which way they go. If he does take any care about them, certainly he would have the same reformation made in the Commonwealth, that he would have made in the Church; especially it being obvious to every mans experience that Infallibility and Omnipotency
being arrogated to one man, are equally mischievous in both. God has not so modelled the Government of the World as to make it the duty of any Civil Community to submit to the Cruelties of Tyrants, and yet to leave the Church at liberty to free them∣selves from Slavery and Tyranny; nay, rather quite contrary, he has put no Arms into the Churches hand but those of Patience and Innocence, Prayer and Ecclesiastical Discipline; but the Commonwealth, all the Magistracy are by him entrusted with the preser∣vation and execution of the Laws, with the power of punishing and revenging; he has put the Sword into their hands. I cannot but smile at this mans preposterous whimsies; in Ecclesiasticks he's Helvidi∣us, Thraseas,
a perfect Tyrannicide.
In Politicks no man more a Lackey and Slave to Tyrants than he. If his Doctrine hold, not we only that have depos'd our King, but the Protestants in general, who against the minds of their Princes have rejected the Pope, are all Rebels alike. But I've confounded him long enough with his own arguments. Such is the nature of the Beast: lest his adversary should be unprovided, he him∣self furnishes him with weapons. Never did any man give his Antagonist greater advantages against him∣self than he does. They that he has to do withal, will be sooner weary of pursuing him, than he of flying.
PErhaps you think, Salmasius, that you have done enough to ingratiate your self with Princes; that you have deserved well of 'em; but if they consider their own Interest, and take their measures according to what it really is, not according to the false Gloss that your flatteries have put upon it, there never was any man in the world that deserv'd so ill of 'em as you, none more destructive and pernicious to them and their interest in the whole world than your self. For by exalting the Power of Kings above all Humane Laws, you tell all mankind that are subject to such a Government, that they are no better than slaves, and make them but the more desirous of Li∣berty by discovering to them their error, and putting that into their heads that they never so much as dreamt of before, to wit, that they are slaves to their Princes. And without doubt such a sort of Government will be more irksome and unsuff•rable, by how much the more you perswade the world, that it is not by the allowance and submission of Nations, that Kings have obtained this exorbitant power, but that it is absolutely essential to such a form of Government, and of the nature of the thing it self. So that whe∣ther you make the world of your mind, or no, your Doctrine must needs be mischievous and destructive, and such as cannot but be abhorred of all Princes. For if you should work men into a perswasion that the Right of Kings is without all bounds, they would no longer be subject to a Kingly Government; if you miss of your aim, yet you make men weary of Kings, by telling them that they assume such a power to them∣selves,
as of right belonging to them. But if Princes will allow of those Principles that I assert; if they will suffer themselves and their own power to be cir∣cumscribed by Laws, instead of an uncertain, weak and violent Government, full of cares and fears, they will reign peaceably, quietly, and securely. If they slight this counsel of mine, though wholsome in its self, because of the meanness of the Author, they shall know that it is not my counsel only, but what was anciently advised by one of the wisest of Kings. For Lycurgus King of Lacedemon, when he observed that his own Relations that were Princes of Argos and Messana, by endeavouring to introduce an Arbi∣trary Government, had ruin'd themselves and their people; he, that he might benefit his Countrey, and secure the Succession to his own Family, could think upon no better expedient, than to communicate his Power to the Senate, and taking the great men of the Realm into part of the Government with himself; and by this means the Crown continued in his Family for many ages: But whether it was Lycurgus, or, as some learned men are of opinion, Theopompus, that introduced that mixt form of Government among the Lacedemonians, somewhat more than a hundred years after Lycurgus his time, (of whom it is record∣ed, That he used to boast, that by advancing the Power of the Senate above that of the Prince, he had setled the Kingdom upon a sure Foundation, and was like to leave it in a lasting and durable condition to his Posterity); which of them soever it was, I say, he has left a good Example to Modern Princes; and was as creditable a Councellor, as his Counsel was safe: For that all men should submit to any one man, so as to acknowledge a Power in him superior to all humane Laws, neither did any Law ever Enact,
nor indeed was it possible that any such Law should ever be; for that cannot be said to be a Law, that strikes at the root of all Laws, and takes them quite away. It being apparent that your Positions are in∣consistent with the nature of all Laws, being such as render them no Laws at all. You endeavour notwith∣standing, in this Fourth Chapter, to make good by Examples, what you have not yet been able to do by any Reasons that you have alledged as yet. Let's consider whether your Examples help your Cause; for they many times make things plain, which the Laws are either altogether silent in, or do but hint at. We'll begin first with the Jews, whom we suppose to have known most of the mind of God; and then, according to your own method, we'll come to the times of Christianity. And first, for those times in which the Israelites being subject to Kings, who, or how∣soever they were, did their utmost to cast that flavish yoke from off their necks. Eglon the King of Moab had made a Conquest of them; the Seat of his Em∣pire was at Jericho; he was no contemner of the True God; when his Name was mentioned, he rose from his Seat: The Israelites had served him Eighteen Years; they sent a present to him, not as to an Enemy, but to their own Prince; notwithstanding which outward Veneration and Profession of Sub∣jection, they kill him by a wile, as an Enemy to their Countrey. You'l say perhaps, that Ehud, who did that action, had a Warrant from God for so doing. He had so, 'tis like; and what greater Argument of its being a warrantable and praise-worthy action? God useth not to put men upon things that are un∣just, treacherous and cruel, but upon such things as are virtuous and laudable. But we read no where that there was any positive Command from Heaven
in the case. The Israelites called upon God; So did we: And God stirred up a Saviour for them; so he did for us: Eglon of a Neighbouring Prince became a Prince of the Jews; of an Enemy to them he be∣came their King: Our Gentleman, of an English King became an Enemy to the English Nation; so that he ceas'd to be a King: Those Capacities are in∣consistent: No man can be a Member of a State, and an Enemy to it at the same time. Anto∣ny was never lookt upon by the Romans as a Consul, nor Nero as an Emperor, after the Senate had voted them both Enemies. This Cicero tells us in his Fourth Philippick: If Antony be a Consul, says he, Brutus is an Enemy; but if Brutus be a Saviour and Preserver of the Commonwealth, Antony is an Enemy: none but robbers count him a Consul. By the same reason, say I, who but Enemies to their Countrey look upon a Tyrant as a King? So that Eglon's being a Foreigner, and King Charles a Prince of our own, will make no difference in the case; both being Enemies, and both Tyrants, they are in the same circumstances. If Ehud kill'd him justly, we have done so too in putting our King to Death. Sampson that Renowned Champion of the Hebrews, tho his Countrey-men blam'd him for it, Dost thou not know, say they, that the Philistines have dominion over us? yet against those Philistines, un∣der whose Dominion he was, he himself undertook a War in his own person, without any other help; and whether he acted in pursuance of a Command from Heaven, or was prompted by his own Valour only; or whatever inducement soever he had, he did not put to death one, but many that tyranized over his Countrey, having first called upon God by Prayer, and implored his Assistance: So that Sampson counted it no act of Impiety, but quite contrary, to
kill those that enslaved his Countrey, 'tho they had dominion over himself too; and tho the greater part of his Countrey-men submitted to their Tyranny. But yet David who was both a King and a Prophet, would not take away Saul's life, because he was God's Anointed. Does it follow that because David refused to do a thing, therefore we are obliged not to do that very thing? David was a private person, and would not kill the King; is that a president for a Parliament, for a whole Nation? David would not revenge his own quarrel, by putting his Enemy to death by stealth; does it follow that therefore the Magistrates must not punish a Malefactor according to Law? He would not kill a King; must not an Assembly of the States therefore punish a Tyrant? He scrupled the killing of God's Anointed; must the People therefore scruple to con∣demn their own Anointed? Especially one that after having so long professed Hostility against his own people, had wash'd off that anointing of his, whe∣ther Sacred or Civil, with the Blood of his own Subjects. I confess that those Kings whom God by his Prophets anointed to be Kings, or appointed to some special service, as he did Cyrus, Isa. 44. may not improperly be called the Lord's Anointed; but all other Princes, according to the several ways of their coming to the Government, are the People's Anoint∣ed, or the Army's, or many times the Anointed of their own Faction only. But taking it for granted, That all Kings are God's Anointed, you can never prove, That therefore they are above all Laws, and not to be called in question, what Villanies soever they commit. What if David laid a charge upon himself and other private persons not to stretch forth their hands against the Lord's Anointed? Does not God himself command Princes not so much as to
touch his anointed? Which were no other than his people, Psal. 105. He preferred that Anointing where∣with his People were Anointed, before that of Kings, if any such thing were. Would any man offer to in∣fer from this place of the Psalmist, That Believers are not to be called in question, tho they offend against the Laws, because God commands Princes not to touch his Anointed? King Solomon was about to put to death Abiathar the Priest, tho he were God's Anoint∣ed too; and did not spare him because of his Anoint∣ing, but because he had been his Father's Friend. If that Sacred and Civil Anointing, wherewith the High-Priest of the Jews was anointed, whereby he was not only constituted High-Priest, but a Temporal Magistrate in many cases, did not exempt him from the Penalty of the Laws, how comes a Civil Anoint∣ing only to exempt a Tyrant? But you say, Saul was a Tyrant, and worthy of death: What then? It does not follow, that because he deserved it, that David in the circumstances he was then under, had power to put him to death without the People's Authority, or the command of the Magistracy. But was Saul a Tyrant? I wish you would say so; indeed you do so, though you had said before in your Second Book, page 32. That he was no Tyrant, but a good King, and chosen of God. Why should false Accusers, and Men guilty of For∣gery be branded, and you escape without the like ignominious Mark? For they practice their Villanies with less Treachery and Deceit than you write, and Treat of matters of the greatest moment. Saul was a good King, when it serv'd your turn to have him so, and now he's a Tyrant, because it suits with your present purpose. But 'tis no wonder that you make a Tyrant of a good King; for your Principles look
as if they were invented for no other design, than to make all good Kings so. But yet David, tho he would not put to Death his Father-in-Law, for Causes and Reasons that we have nothing to do withal, yet in his own Defence he raised an Army, took and possessed Cities that belong'd to Saul, and would have defended K•ilah against the King's Forces, had he not understood that the Citizens would be false to him. Suppose Saul had besieged the Town, and himself had been the first that had scal'd the Walls; do you think David would presently have thrown down his Arms, and have betray'd all those that assisted him to his anointed Enemy? I believe not. What reason have we to think David would have stuck to do what we have done, who when his Occasions and Circumstances so required, proffered his Assistance to the Philistines, who were then the professed Enemies of his Country, and did that a∣gainst Saul, which I am sure we should never have done against our Tyrant. I'm weary of mentioning your Lies, and asham'd of them. You say, tis a Maxim of the English, That Enemies are rather to be spared than Friends; and that therefore we conceived we ought not to spare our King's Life, because he had been our Friend. You impudent Lyar, what Mortal ever heard this Whimsy before you invented it? But we'll excuse it. You could not bring in that thread∣bare Flourish, of our being more fierce than our own Mastiffs (which now comes in the fifth time, and will as oft again before we come to the end of your Book) without some such Introduction. We are not so much more fierce than our own Mastiffs, as you are more hungry than any Dog whasoever, who return so greedily to what you have vomitted up so often. Then you tell us, That David commanded the Ama∣lekitePage 93
to be put to Death, who pretended to havē killed Saul. But that Instance, neither in respect of the Fact, nor the Person, has any Affinity with what we are discoursing of. I do not well under∣stand what cause David had to be so severe up∣upon that Man, for pretending to have hastned the King's Death, and in effect but to have put him out of his pain, when he was dying; unless it were to take away from the Israelites all Suspicion of his own having been instrumental in it, whom they might look upon as one that had revolted to the Philistines, and was part of their Army. Just such another Action as this of David's, do all Men blame in Domi∣tian, who put to Death Epaphroditus, because he had helped Nero to kill himself. After all this, as ano∣ther instance of your Impudence, you call him not only the anointed of the Lord, but the Lord's Christ, who a little before you had said was a Tyrant, and acted by the impulse of some Evil Spirit. Such mean thoughts you have of that Reverend Name, that you are not asham'd to give it to a Tyrant, whom you your self confess to have been possessed with the Devil. Now I come to that President, from which every Man that is not blind must needs infer the Right of the People to be Superior to that of Kings. When Solo∣mon was dead, the People Assembled themselves at Sichem to make Rehoboam King. Thither himself went, as one that stood for the place, that he might not seem to claim the Succession as his Inheritance; the same Right over a freeborn People, that every Man has over his Fathers Sheep and Oxen. The People propose Conditions, upon which they were willing to admit him to the Government. He desires three days time to advise; he consults with the old Men; they tell him no such thing, as that he had an
absolute Right to succeed, but persuade him to com∣ply with the People, and speak them fair, it being in their Power whether he should Reign or not. Then he adviseth with the young Men that were brought up-with him; they, as if Salmasius's Phren∣sy had taken them, thunder this Right of Kings in∣to his Ears; persuade him to threaten the People with Whips and Scorpions: And he answered the Peo∣ple as they advised him. When all Israel saw that the King hearkned not to them, then they openly protest the Right of the People, and their own Li∣berty; What portion have we in David? To thy tents, O Israel: now look to thine own house, David. When the King sent Adoram to them, they stoned him with Stones, and perhaps they would not have stuck to have serv'd the King himself so, but he made haste and got out of the way. The next News is of a great Army rais'd by Rehoboam to reduce the Israelites to their Allegiance. God forbids him to proceed, Go not up, says he, to war against your brethren the chil∣dren of Israel; for this thing is of me. Now consider; heretofore the People had desired a King; God was displeased with them for it, but yet permitted them to make a King, according to that Right that all Nations have to appoint their own Governors. Now the People reject Rehoboam from ruling them; and this God not only suffers them to do, but for∣bids Rehoboam to make War against them for it, and stops him in his undertaking; and teaches him withal, that those that had Revolted from him, were not Rebels in so doing; but that he ought to look upon them as Brethren. Now recollect your self: You say that all Kings are of God, and that there∣fore the People ought not to resist them, be they ne∣ver such Tyrants. I answer you, The Convention
of the People, their Votes, their Acts, are likewise of God; and that by the Testimony of God himself in this place; and consequently according to your Argument, by the Authority of God himself, Princes ought not to resist the People. For as certain as it is, that Kings are of God; and whatever Argument you may draw from thence to enforce a Subjection and Obedience to them: So certain is it, that free Assemblies of the Body of the People, are of God, and that naturally affords the same Argument for their Right of restraining Princes from going beyond their Bounds, and rejecting them if there be occasi∣on; nor is their so doing a justifiable Cause of War, any more than the People of Israel's rejecting Reho∣boam was. You ask, why the People did not revolt from Solomon? Who but you would ask such an imper∣tinent Question? You see they did revolt from a Ty∣rant, and were neither punished, nor blam'd for it. It is true, Solomon fell into some Vices, but he was not therefore a Tyrant; he made amends for his Vices by many excellent Virtues that he was famous for, by many Benefits which accrued to the Nation of the Jews by his Government. But admit that he had been a Tyrant: Many times the Circumstances of a Nation are such, that the People will not, and many times such, that they cannot depose a Ty∣rant. You see they did it when it was in their Power. But, say you, Jeroboam's Act was ever had in Dete∣station; 'twas looked upon as an unjust revolt from a lawful Prince; he and his Succssors were accounted Rebels. I confess we find his Revolt from the true Worship of God often found fault with; but I no where find him blam'd for revolting from Rehoboam; and his Successors are frequently spoken of as wicked Princes, but not as Rebels. Acting contrary to Law and Right,Page 96
say you, cannot introduce, or establish a Right: I pray, what becomes then of your Right of Kings? Thus do you perpetually bastle your self. You say, Adulteries, Murders, Thefts are daily committed with impunity. Are you not aware, that here you give an Answer to your own Question, how it comes to pass, that Tyrants do so often escape unpunished? You say, Those Kings were Rebels, and yet the Prophets do no where disswade the People from their Allegiance. And why do you, ye Rascally false Prophet, endeavour to persuade the People of England not to yield Obedience to their present Magistrates, tho in your Opinion they are Rebels. This English Faction of Robbers, say you, al∣ledge for themselves, that by some immediate Voice from Heaven, they were put upon their bloody Enterprize. It is notoriously evident, that you were distracted when you wrote these Lines; for as you have put the words together, they are neither Latin, nor Sense. And that the English pretend to any such warrant, as a Justification of their Actions, is one of those many Lies and Fictions that your Book is full of. But I proceed to urge you with Examples. Libna, a great City revolted from Jorom, because he had forsaken God; 'twas the King therefore that was guilty, not the City, nor is the City blam'd for it. He that con∣siders the reason that's given why that City rejected his Government, must conclude that the Holy Ghost rather approves of what they did, then condemns them for it. These kind of revolts are no presidents, say you. But why were you then so vain, as to promise in the beginning of this Chapter, that you would argu• from Examples, whereas all the Examples that you alledg, are mere Negatives, which prove nothing; and when we urge Examples that are solid and posi∣tive, you say they are no Presidents: Who would en∣dure
such a way of Arguing? You challenged us at Presidents; we produced them; and what do you do? You hang back, and get out of the way. I pro∣ceed: Jebu at the Command of a Prophet, slew a King; nay, he ordered the Death of Ahaziah, his own Liege Prince. If God would not have Tyrants put to Death by their own Subjects, if it were a wicked thing so to do, a thing of a bad Example; why did God himself command it? If he command∣ed it, it was a lawful, commendable, and a praise∣worthy Action. It was not therefore lawful to kill a Tyrant, because God commanded it, but God commanded it, because antecedently to his Com∣mand, it was a justifiable, and a lawful Action. Again, Jehoiada the High Priest did not scruple to depose Athaliah, and kill her, tho she had been se∣ven years in actual Possession of the Crown. But, say you, she took upon her the Government when she had no Right to it. And did not you say your self, but a while ago, That Tiberius assumed the Soveraignty when it belonged not at all to him. And yet you then affirm'd, that according to our Saviour's Doctrine, we ought to yield Obedience to such Tyrants as he was; 'twere a most ridiculous thing to imagine, that a Prince, who gets in by Usurpation, may lawfully be depo∣sed; but one that Rules tyrannically may not. But, say you, Athaliah could not possibly Reign according to the Law of the Jewish Kingdom, Thou shalt set over thee a King, says God Almighty; he does not say, Thou shalt set over thee a Queen. If this Argument have any weight, I may as well say, The Command of God was, that the People should set over themselves a King, not a Tyrant. So that I'm even with you. Amazias was a Slothful, Idolatrous Prince, and was put to Death, not by a few Conspirators; but rather,
it should seem, by the the Nobility, and by the Body of the People. For he fled from Jerusalem, had none to stand by him, and they pursued him to Lachish: They took Counsel against him, says the History, be∣cause he had forsaken God: And we do not find that Azarias his Son prosecuted those that had cut off his Father. You quote a great many frivolous pas∣sages out of the Rabbins to prove, that the Kings of the Jews were Superior to the Sanhedrim. You do not consider Zedekia's own words, Jerem. 38. The King is not he that can do any thing against you. So that this was the Princes own stile. Thus he confessed himself Inferior to the great Council of the Realm. Perhaps, say you, he meant that he durst not deny them any thing for fear of Sedition. But what does your perhaps signify, whose most positive asserting any thing is not worth a Louse? For nothing in Nature can be more Fickle and Inconstant than you are. How oft have you appear'd in this Discourse inconsistent with your self; unsaying with one Breath what you had said with another? Here, again, you make Comparisons betwixt King Charles, and some of the good Kings of Judah. You speak contemptibly of David, as if he were not worthy to come in Competition with him. Consider David, say you, an Adulterer, a Mur∣derer; King Charles was guilty of no such Crimes. So∣lomon his Son, who was accounted wise, &c. Who can with Patience hear this filthy, rascally Fool, speak so irreverently of Persons eminent both in Greatness and Piety? Dare you compare King David with King Charles; a most Religious King and Prophet, with a Superstitious Prince, and who was but a Novice in the Christian Religion; a most prudent, wise Prince with a weak one; a Valiant Prince with a Cowardly one; finally, a most just Prince with a most unjust
one? Have you the impudence to commend his Chastity and Sobriety, who is known to have com∣mitted all manner of Leudness in company with his Confident the Duke of Buckingham? It were to no purpose to enquire into the private Actions of his Life, who publickly at Plays would Embrace and Kiss the Ladies lasciviously, and handle Virgins and Matrons Breasts, not to mention the rest? I advise you there∣fore, you Counterfeit Plutarch, to abstain from such like Parallels, lest I be forced to publish those things concerning King Charles, which I am willing to con∣ceal. Hitherto we have entertain'd our selves with what the People of the Jews have acted or attempt∣ed against Tyrants, and by what Right they did it in those times, when God himself did immediately, as it were, by his Voice from Heaven govern their Commonwealth. The Ages that succeeded, do not afford us any Authority, as from themselves, but confirm us in our Opinion by their imitating the Actions of their Fore-fathers. For after the Babylo∣nish Captivity, when God did not give any new command concerning the Crown, tho the Royal Line was not extinct, we find the People returning to the old Mosaical Form of Government again. They were one while Tributaries to Antiochus, King of Syria; yet when he injoyn'd them things that were contrary to the Law of God, they resisted him, and his Deputies, under the Conduct of their Priests, the Maccabees, and by force regain'd their former Liberty. After that, whoever was accounted most worthy of it, had the Principality conferr'd upon him. Till at last, Hircanus the Son of Simon, the Brother of Judah, the Maccabee, having spoiled Da∣vid's Sepulchre, entertain'd foreign Soldiers, and be∣gan to Invest the Priesthood with a kind of Regal
Power. After whose time his Son Aristobulus was the first that assum'd the Crown; he was a Tyrant in∣deed, and yet the People stirred not against him, which is no great Wonder, for he reigned but one year. And he himself being overtaken with a grie∣vous Disease, and repenting of his own Cruelty and Wickedness, desired nothing more than to dye, and had his wish. His Brother Alexander succeeded him; and against him, you say, the People raised no Insurrecti∣on. tho he were a Tyrant too. And this lie might have gone down with us, if Josepbus's History had not been extant. We should then have had no me∣mory of those times, but what your Josippus would afford us, out of whom you transcribe a few sense∣less and useless Apothegms of the Pharisees. The History is thus; Alexander Administred the Publick Af∣fairs ill both in War and Peace; and tho he kept in pay great numbers of Pisidians and Cilicians, yet could he not protect himself from the Rage of the People; but whilest he was Sacrificing they fell upon him, and had almost smother'd him with Boughs of Palm∣trees and Citron-trees; afterward the whole Nation made War upon him six years, during which time, when many thousands of the Jews had been slain, and he himself being at length desirous of Peace, demanded of them, what they would have him do to satisfy them; they told him nothing could do that but his Blood; nay, that they should hardly pardon him after his Death. This History you per∣•… was not for your purpose, and so you put it 〈◊〉 with a few •harisaical Sentences; when it had been much better, either to have let it quite alone, 〈◊〉 to have given a true Relation of it; but you trust to •ies more than to the Truth of your Cause. Even 〈◊〉 eight hundred Pharisees, whom he commanded
to be crucisied, were of their number that had taken up Arms against him. And they with the rest of the People had solemnly protested, That if they could subdue the Kings Forces, and get his Person into their Power, they would put him to Death. After the Death of Alexander, his Wife Alexandra took the Government upon her, as Athalia had formerly done, not according to Law, for you have confessed, that the Laws of the Jews admitted not a Female to wear the Crown; but she got it partly by force, for she maintain'd an Army of Foreigners; and partly by favour, for she had brought over the Pharisees, to her Interest, which sort of Men were of the greaten Authority with the People. Them she had made her own, by putting the Power into their hands, and retaining to her self only the Name. 〈◊〉 as the Scotch Presbyterians lately allowed Cha•… the Name of King, but upon Condition, that 〈◊〉 would let them be King in effect. After the 〈◊〉 of Alexandra, Hyrcanus and Aristobulus, her Sons, contended for the Sovereignty: Aristobulus was 〈◊〉 industrious, and having a greater Party, forced his Elder Brother out of the Kingdom. A while after, when Pompey passed through Syria, in his return from the Mithridatick War; the Jews, supposing they had now an opportunity of regaining their Liberty, by re∣ferring their Cause to him, dispatcht an Embassy to him in their own Names: they renounce both the Brothers; complain that they had enslaved them. Pompey deposed Aristobulus, leaves the Priesthood, and such a Principality as the Laws allowed, to Hyrcanus the Elder. From that time forward, he was called High Priest, and Ethnarcha. After these times in the Reign of Archelaus, the Son of Herod, the 〈◊〉〈◊〉 fifty Ambassadors to Augustus Caesar, accused 〈◊〉Page 102
that was dead, and Archelaus his Son, that then Reign∣ed; they deposed him as much as in them lay, and peti∣tion'd the Emperor, that the People of the Jews might be govern'd without a King. Caesar was moved at their entreaty, and did not appoint a King over them, but a Governour, whom they called an Ethnarch. When that Governor had presided ten years over Ju∣dea, the People sent Ambassadors again to Rome, and accused him of Tyranny. Caesar heard them gracious∣ly; sent for the Governour, condemn'd him to per∣petual Exile, and banished him to Vienna. Answer me now, That People that accused their own Princes, that desir'd their Condemnation, that desir'd their Punishment, would not they themselves, rather, if it had been in their Power, and that they might have had their choice; would not they, I say, rather have put them to Death themselves? You do not deny, but that the People, and the Nobles often took up Arms against the Roman Deputies, when by their Avarice, or their Cruelty, their Government was burdensome and oppressive. But you give a ridicu∣lous reason for this, as all the rest of yours are. You say, They were not yet accustomed to the Yoak; very like they were not, under Alexander, Herod, and his Son. But, say you, they would not raise War against Caius Caesar, nor Petronius. I confess they did not, and they did very prudently in abstaining, for they were not able. Will you hear their own words upon that occasion? We will not make War, say they, because we cannot. That thing which they themselves acknowledge, they refrain'd from for want of Ability; you, false Hypo∣crite, pretend they abstain'd from out of Religion. Then with a great deal of toil you do just nothing at all; for you endeavour to prove out of the Fathers (tho you had done it as superficially before) that
Kings are to be prayed for. That good Kings are to be pray'd for, no Man denies; nay, and bad ones too, as long as there are any hopes of them; so we ought to pray for Highway-men, and for our Enemies. But how? Not that they may Plunder, Spoil and Murder us; but that they may repent. We pray both for Thieves and Enemies; and yet who∣ever dreamt but that it was lawful to put the Laws in execution against one, and to fight against the other? I value not the Egyptian Liturgy that you quote; but the Priest that you mention, who prayed that Com∣modus might succeed his Father in the Empire, did not pray for any thing in my opinion, but Impreca∣ted all the mischiefs imaginable to the Roman State. You say, that we have broken our faith, which we enga∣ged more than once in solemn Assemblies to preserve the Au∣thority and Majesty of the King. But because hereafter you are more large upon that subject, I shall pass it by in this place; and talk with you when you come to it again. You return then to the Fathers; con∣cerning whom take this in short. Whatever they say, which is not warranted by the Authority of the Scriptures, or by good reason, shall be of no more regard with me, than if any other ordinary man had said it. The first that you quote is Tertullian, who is no Orthodox Writer, notorious for many errors, whose authority, if he were of your opinion, would stand you in no stead. But what says he? he con∣demns Tumults and Rebellions. So do we. But in saying so, we do not mean to destroy all the peoples Rights and Priviledges, all the Authority of Senates, the Power of all Magistrates, the King only excepted, The Fathers decla•m against Seditions rashly raised, by the giddy heat of the multitude; they speak not of the inferior Magistrates, of Senates, of Parlia∣ments
encouraging the people to a lawful opposing of a Tyrant. Hence Ambrose whom you quote,
Not to resist, says he, but to weep and to •igh, these are the Bulwarks of the Priesthood; what one is there of our little number who dares say to the Emperor, I do not like your Laws? This is not allowed the Priests, and shall Lay-men pretend to it?
'Tis evi∣dent of what sort of persons he speaks, viz.
of the Priests, and such of the people as are private men, 〈◊〉
of the Magistrates. You see by how weak and pre∣〈◊〉
a reason he lighted a Torch as it were to the distentions that were afterwards to arise betwixt the L•
ity and the Clergy concerning even Civil, i.e.
Tem∣poral Laws. But because you think you press hardest upon us with the Examples of the Primitive Christi∣ans; who though they were harassed as much as a people could be, yet, you say, they never took up 〈◊〉〈◊〉 the Emperour:
I will make it appear, in the first place, that for the most part they could 〈◊〉•…
ondly, that whenever they could, they did: And thirdly, that whether they did or did not, they 〈◊〉
such a sort of people as that their example de∣•…〈◊〉
to have little sway with us. First therefore, 〈◊〉〈◊〉
can be ignorant of this, that when the Com∣〈◊〉
expired, the whole and Sove∣rign•
power in the Empire was setled in the Empe∣〈◊〉
that all the Soldier were under his Pay; in∣〈◊〉〈◊〉〈◊〉
if the whole Body of the Senate, the E∣〈◊〉〈◊〉
, and all the common people had endea∣〈◊〉〈◊〉〈◊〉
a change, they might have made way for a 〈◊〉
of themselves, but could not in any 〈◊〉〈◊〉
then lost Liberty; for the Empire would 〈◊〉
, though they might per∣〈◊〉〈◊〉〈◊〉
so lucky as to have kill'd the Empe∣rour. This being 〈◊〉
what could the Christians do?
'tis true there were a great many of them; but they were dispersed, they were generally persons of mean quality, and but of small interest in the world. How ma∣ny of them would one Legion have been able to keep in awe? Could so inconsiderable a body of men as they were in those days, ever expect to accomplish an Enterprize that many famous Generals, and whole Armies of tried Soldiers had lost their lives in at∣tempting? when about three hundred years after our Saviour's Nativity, which was near upon twenty years before the Reign of Constantine
the Great, when Di•clesian
was Emperour, there was but one Christian Legion in the whole Roman
Empire; which Legion for no other reason than because it consisted of Chri∣stians, was slain by the •
est of the Army at a Town in France
called Octodurum. The Christians,
say you, con∣spir'd not with
Niger; and does Tertullian
think they merited by not being willing to lose their lives in the quarrels of Inndels? 'Tis e∣vident therefore that the Christians could not free themselves from the yoke of the Roman
Emperours; and it could be no ways advantagious to their interest to conspire with Infidels, as long as Heathen Empe∣rors reign'd. But that afterwards the Christians made War upon Tyrants, and defended themselves by force of Arms when there was occasion, and many times revenged upon Tyrants their Enormities, I am now about to make appear. In the first place, Constantite
be∣ing a Christian, made War upon Lacinius,
and cut him o••
, who was his Partner in the Soveraign Power, be∣cause he molested the Eastern
Christians; by which act of his he declared thus much at least That, one Ma∣gistrate might punish another; for he for his Subjects take punished •icinius,
who to all intents was as abso∣〈◊〉
in the Empire as himself, and did not leave the
vengeance to God alone: Licinius
might have done the same to Constantine,
if there had been the like oc∣casion. So then, if the matter be not wholly reserved to Gods own Tribunal, but that men have something to do in the case, why did not the Parliament of En∣gland
stand in the same relation to King Charles,
did to Licinius?
The Soldiers made Con∣stantine
what he was. But our Laws have made our Parliaments equal, nay, superior to our Kings. The Inhabitants of Constantinople
Emperour, by force of Arms, as long as they were able; they opposed Hermogenes
whom he had sent with a Military power to depose Paul
an Orthodox Bishop; the house whither he had betaken himself for security, they fired about his ears, and at last kill∣ed him right out. Constans
threatned to make War up∣on his Brother Constantius,
unless he would restore Paul
to their Bishopricks. You see those holy Fathers, when their Bishopricks were in *
danger, were not ashamed to stir up their Prince's own Brother to make War upon him. Not long after, the Christian Soldiers, who then made whom they would Emperors, put to death Constans
the Son of Constantinus,
because he behaved himself dissolutely and proudly in the Government, and Translated the Empire to Magnentius.
Nay, those very persons that saluted Julian
by the name of Emperour, against Constantius
his will, who was actually in possession of the Empire, (for Julian
was not then an Apostate, but a vertuous and valiant person) are they not amongst the number of those Primitive Christians, whose Example you propose to us for our imitation? which action of theirs, when Constantius
by his Letters to the people very sharply and earnestly forbad, (which Let∣ters were openly read to them) they all cried out
unanimously, That themselves had but done what the Provincial Magistrates, the Army, and the Authority of the Commonwealth had decreed. The same per∣sons declared War against Constantius,
and contributed as much as in them lay, to deprive him both of his Government and his Life. How did the Inhabitants of Antioch
behave themselves, who were none of the worst sort of Christians? I'le warrant you they pray∣ed for Julian,
after he became an Apostate, whom they used to rail at in his own presence, and scoffing at his long Beard, bid him make Ropes of it: Upon the news of whose death they gave publick Thanks∣givings, made Feasts, and gave other publick Demon∣strations of Joy; do you think they used when he was alive to pray for the continuance of his life and health? Nay, is it not reported, that a Christian Sol∣dier in his own Army was the Author of his Death? Sozomen,
a Writer of the Ecclesiastical History, does not deny it but commends him that did it, if the fact were so;
For it is no wonder, says he, that some of his own Soldiers might think within himself, that not only the Greeks, but all Mankind hitherto had agreed that it was a commendable action to kill a Tyrant; and that they deserve all mens praise, who are will∣ing to die themselves to procure the liberty of all o∣thers; so that that Soldier ought not rashly to be con∣demned, who in the cause of God and of Religion, was so zealous and valiant.
These are the words of Sozomen,
a good and Religious man of that age; by which we may easily apprehend what the general opi∣nion of pious men in those days was upon this point. Ambrose
himself being commanded by the Emperour Valentinian
the Younger, to depart from Milan,
refu∣sed to obey him, but defended himself and the Palace by force of Arms against the Emperour's Officers,
and took upon him contrary to his own Doctrine, to resist the higher powers.
There was a great sedition rai∣sed at Constantinople
against the Emperour Areadius,
more than once, by reason of Chrysostom
's Exile. Hi∣therto I have shewn how the Primitive Christians be∣haved themselves towards Tyrants; how not only the Christian Soldiers, and the people, but the Fa∣thers of the Church, themselves have both made War upon them, and opposed them with force, and all this before St. Austin
's time; for you your self are pleased to go down no lower; and therefore I make no mention of Valentinian
the Son of Placidia,
who was slain by Maximus
a Senator, for committing Adultery with his Wife; nor do I mention Avitus
the Emperour, whom, because he disbanded the Soldiers, and betook him∣self wholly to a luxurious life, the Roman
Senate im∣mediately deposed; because these things came to pass some years after St. Austin
's death: But all this I give you: Suppose I had not mentioned the practice of the Primitive Christians; suppose they never had stirred in opposition to Tyrants; suppose they had ac∣counted it unlawful so do; I will make it appear that they were not such persons, as that we ought to •
ely upon their Authority, or can safely follow their Example. Long before Constantine
's time the gene∣rality of Christians had lost much of the Primitive San∣ctity and integity both of their Doctrine and Man∣ners. Afterwards, when he had vastly enriched the Church, they began to fall in love with Honour and Civil Power and then the Christian Religion went to wrack. First Luxury and Sloth, and then a great drove of Herches and Immoralities broke loose among them; and these begot Envy, Hatred and Discord; which abounded every where: At last, they that were linked together into one Brotherhood by that
holy band of Religion, were as much at variance and strife amongst themselves, as the most bitter Ene∣mies in the world could be: No reverence for, no consideration of their duty was left amongst them; the Soldiers and Commanders of the Army, as oft as they pleased themselves, created new Emperors,
and sometimes killed good ones as well as bad. I need not mention such as Verannio, Alaximus, Eugenius,
whom the Soldiers all on a sudden advanced and made them Emperors; nor Gratian,
an excellent Prince; nor Valentinian
the younger, who was none of the worst, and yet were put to death by them. It is true, these things were acted by the Soldiers, and Sol∣diers in the field; but those Soldiers were Christians, and lived in that Age which you call Evangelical, and whose example you propose to us for our imitation Now you shall hear how the Clergy managed them∣selves: Pastors and Bishops, and sometimes those ve∣ry Fathers whom we admire and extol to so high a degree, every one of whom was a Leader of their seve∣ral Flocks; those very men, I say, fought for their Bi∣shopricks, as Tyrants did for their Soveraignty; sometimes throughout the City, sometimes in the very Churches, sometimes at the Altar, Clergy-men and Lay-men fought promiscuously; they slew one another, and great slaughters were made on both sides. You may remember Damasus
who were Contemporaries with Ambrose.
It would be too long to relate the Tumultuary Insurrections of the Inhabitants of Constantinople, Antiach,
especially those under the Conduct and Manage∣ment of Cyrillus,
whom you extol as a Preacher up of Obedience; when the Monks in that fight within the City, had almost slain Orestes, Theodosius
's Deputy. Now who can sufficiently wonder at your Impudence,
or Carelessness and Neglect.
Till St. Austin's time, say you, and lower down than the age that he lived in, there is not any mention extant in History, of any private person, of any Commander, or of any number of Con∣spirators, that have put their Prince to death, or taken up Arms against him.
I have named to you out of known and approved Histories, both private persons and Magistrates, that with their own hands have slain not only bad, but very good Princes: Whole Armies of Christians, many Bishops amongst them, that have fought against their own Emperors. You produce some of the Fathers, that with a great flou∣rish of words, persuade or boast of Obedience to Princes: And I, on the other side, produce both those same Fathers, and others besides them, that by their actions, have declined Obedience to their Princes, even in lawful things, have defended themselves with a Military Force against them; others that have op∣posed forcibly, and wounded their Deputies; others that being Competitors for Bishopricks, have main∣tained Civil Wars against one another: As if it were lawful for Christians to wage War with Christians for a Bishoprick; and Citizens with Citizens; but un∣lawful to fight against a Tyrant, in defence of our Liberty, of our Wives and Children, and of our Lives themselves. Who would own such Fathers as these? You produce St. Austin,
who you say, asserts that the Power of a Master over his Servants, and a Prince over his Subjects, is one and the same thing:
But I answer; If St. Austin
assert any such thing, he asserts what nei∣ther our Saviour, nor any of his Apostles, ever assert∣ed; tho for the confirmation of that assertion, than which nothing can be more false, he pretends to rely wholly upon their Authority. The three or four last Pages of this Fourth Chapter, are stuffed with meer
Lies, or things carelessly and loosely put together, that are little to the purpose: And that every one that reads them, will discover by what has been said already. For what concerns the Pope, against whom you declaim so loudly, I am content you should bawl at him, till you are hoarse. But whereas you endeavour to persuade the ignorant, That all that called themselves Christians, yielded an entire obedience to Princes, whether good or bad, till the Papal Power grew to that height, that it was acknowledged superior to that of the Civil Magistrate, and till he took upon him to absolve Subjects from their Allegiance:
I have sufficiently proved by many Examples before and since the age that St. Augustin
lived in, that nothing can be more false. Neither does that seem to have much more truth in it which you say in the last place; viz. That Pope
Za∣chary absolved the
French-men from their Oath of Alle∣giance to their King.
For Francis Hottoman,
who was both a French-man
and a Lawyer, and a very Learned man, in the 13th
Chapter of his Francogallia,
denies that either Chilperic
was deposed, or the Kingdom translated to Pepin,
by the Pope's Authority; and he proves out of very Ancient Chronicles of that Nati∣on, That the whole affair was transacted in the great Council of the Kingdom, according to the Original Censtitution of that Government: Which being once done, the French
Histories, and Pope Zachary
himself, deny that there was any necessity of absolving his Subjects from their Allegiance. For not only Hotto∣man,
a very eminent Historian of that Nation, informs us, That the Ancient Records of the Kingdom of France
testifie, That the Subjects of that Nation, upon the first institution of Kingship amongst them, reserved a power to themselves, both of Chusing their Princes, and of Deposing them
again, if they thought fit: And that the Oath of Allegiance which they took, was upon this express condition; to wit,
That the King should likewise per∣form what at his Coronation he swore to do. So that if Kings by mis-governing the people committed to their charge, first broke their own Oath to their Sub∣jects, there needs no Pope to dispense with the peo∣ple's Oaths; the Kings themselves by their own per∣fidiousness having absolved their Subjects: And final∣ly, Pope Zachary
himself in a Letter of his to the French,
which you your self quote, renounces, and ascribes to the people, that Authority which you say he assumes to himself:
For if a Prince be account∣able to the People, being beholden to them for his Royalty; if the people, since they make Kings, have the same Right to depose them,
as the very words of that Pope are, it is not likely that the French
men would by any Oath depart in the least from that Ancient Right, or ever tye up their own hands, so as not to have the same Right that their Ancestors al∣ways had to depose bad Princes, as well as to honour and obey good ones; nor is it likely that they thought themselves obliged to yield that Obedience to Tyrants, which they swore to yield only to good Princes. A people obliged to Obedience by such an Oath, is dis∣charged of that obligation, when a Lawful Prince be∣comes a Tyrant, or gives himself over to Sloth and Veluptuousness; the rule of Justice, the very Law of Nature dispenseth with such a people's Allegiance. So that even by the Pope's own opinion, the people were under no obligation to yield Obedience to Chil∣peric,
and consequently had no need of a Dispensa∣tion.
THO I am of opinion, Salmasius, and always was, That the Law of God does exactly agree with the Law of Nature; so that having shown what the Law of God is, with respect to Princes, and what the practice has been of the people of God, both Jews and Christians, I have at the same time, and by the same Discourse, made to appear what is most a∣greeable to the Law of Nature; yet because you pre∣tend to confute us most powerfully by the Law of Nature, I will be content to admit that to be necessary, which before I had thought would be superfluous; that in this Chapter I may demonstrate, That nothing is more suitable to the Law of Nature, than that Pu∣nishment be inflicted upon Tyrants. Which if I do not evince, I will then agree with you, that likewise by the Law of God they are exempt. I do not pur∣pose to frame a long Discourse of Nature in general, and the original of Civil Societies; that Argument has been largely handled by many Learned men, both Greek and Latin; but I shall endeavour to be as short as may be; and my design is not so much to confute you my self, who would willingly have spared this pains; as to show that you confute your self, and de∣stroy your own Positions. I'll begin with that first Position which you lay down as a Fundamental, and that shall be the Groundwork of my ensuing Discourse. The Law of Nature, say you, is a Principle imprinted on all mens minds, to regard the good of all mankind, con∣sidering men as united together in Societies. But this innate Principle cannot procure that common good, unless, as there are people that must be governed, so that very Principle
ascertain who shall govern them. To wit, lest the stronger oppress the weaker, and those persons, who for their mutual Safety and Protection have united themselves together, should be disunited and divided by Injury and Violence, and reduced to a bestial sa∣vage life again. This I suppose is what you mean. Out of the number of those that united into one body, you say, there must needs have been same chosen, who excelled the rest in Wisdom and Valour; that they either by force, or by persuasion, might restrain those that were refractory, and keep them within due bounds; sometimes it would so fall out that one single Person, whose Conduct and Valour was ex∣traordinary, might be able to do this, and sometimes more assisted one another with their Advice and Counsel. But since it is impossible that any one manshould order all things himself, there was a necessity of his consulting with others, and taking some into part of the Government with himself. So that whether a single person reign, or whether the Su∣preme Power reside in the body of the People, since it is im∣possible that all should administer the affairs of the Common∣wealth, or that one man should do all, the Government does always lye upon the shoulders of many. And afterwards you say, Both Forms of Government, whether by many or a few, or by a single person, are equally according to the Law of Nature; for both proceed from the same Principle of Nature, viz. That it is impossible for any single person so to govern alone, as not to admit others into a share of the Government with himself. Tho I might have taken all this out of the Third Book of Aristotle's Politicks, I chose rather to transcribe it out of your own Book; for you stole it from him, as Prometheus did Fire from Jupiter, to the ruin of Monarchy, and overthrow of your self, and your own opinion. For enquire as diligently as you can for your life, into the Law of Nature, as you have described it, you will not find
the least footstep in it of Kingly Power, as you ex∣plain it. The Law of Nature, say you, in ordering who should govern others, respected the universal good of all mankind. It did not then regard the private good of any particular person, not of a Prince; so that the King is for the People, and consequently the Peo∣ple superior to him; which being allowed, it is im∣possible that Princes should have any right to oppress or enslave the people; that the inferior should have right to tyrannize over the superior. So that since Kings cannot pretend to any right to do mischief, the right of the people must be acknowledged ac∣cording to the Law of Nature to be superior to that of Princes; so that by the same right, that before King hip was known, men united their Strength and Counsels for their mutual Safety and Defence, by the same right, that for the preservation of all mens Liberty, Peace, and Safety, they appointed one or more to govern the rest; by the same right they may depose those very persons, whom for their Valour or Wisdom they advanced to the Government, or any others that rule disorderly, if they find them by rea∣son of their slothfulness, folly, or impiety, unfit for Government; since Nature does not regard the good of one, or of a few, but of all in general. For what sort of persons were they whom you suppose to have been chosen? You say they were such as excelled in Courage and Conduct; to wit, such as by Nature seem∣ed fittest for Government; who by reason of their excellent Wisdom and Valour, were enabled to un∣dertake so great a Charge. The consequence of this I take to be, That right of Succession is not by the Law of Nature; that no man by the Law of Nature has right to be King, unless he excel all others in Wisdom and Courage; that all such as Reign, and
want these qualifications, are advanced to the Govern∣ment by Force or Faction; have no right by the Law of Nature to be what they are, but ought ra∣ther to be Slaves than Princes. For Nature ap∣points that Wise men should govern Fools, not that Wicked men should rule over Good men; Fools over wise men: And consequently, they that take the Government out of such mens hands, act according to the Law of Nature. To what end Nature directs Wise men should bear the Rule, you shall hear in your own words, viz.
That by Force or by Persuasion, they may keep such as are unruly, within due bounds.
But how should he keep others within the bounds of their duty, that neglects, or is ignorant of, or wilfully acts contrary to his own? Alledg now, if you can, any dictate of Nature, by which we are enjoyned to ne∣glect the Wise Institutions of the Law of Nature, and have no regard to them in Civil and Publick Concerns, when we see what great and admirable things Nature her self effects in things that are inani∣mate and void of sense, rather than lose her end. Produce any Rule of Nature, or Natural Justice, by which inferior Criminals ought to be punished, but Kings and Princes to go unpunished; and not only so, but tho guilty of the greatest Crimes imaginable, be had in Reverence, and almost adored. You agree, That all Forms of Government, whether by many, or a few, or by a single person, are equally agreeable to the Law of Nature.
So that the person of a King is not by the Law of Nature more sacred than a Senate of Nobles, or Magistrates, chosen from amongst the common people, who you grant may be punished, and ought to be, if they offend; and consequently, Kings ought to be so too, who are appointed to rule for the very same end and purpose that other Magi∣strates
say you, Nature does not allow any sin∣gle person to bear rule so entirely, as not to have Partners in the Government.
It does not therefore allow of a Mo∣narch; it does not allow one single person to rule so, as that all others should be in a slavish subjection to his Commands only. You that give Princes such Partners in the Government, as in whom,
to use your own words, the Government always resides,
do at the same time make others Colleagues with them, and e∣qual to them; nay, and consequently you settle a power in those Colleagues of punishing, and of deposing them. So that while you your self go about, not to extol a Kingly Government, but to establish it by the Law of Nature, you destroy it; no greater misfortune could be∣fall Soveraign Princes, than to have such an Advo∣cate as you are. Poor, unhappy wretch! what blind∣ness of mind has seiz'd you, that you should unwit∣tingly take so much pains to discover your Knavery and folly, and make it visible to the world, which before you conceal'd, in some measure and disguis'd; that you should be so industrious to heap disgrace and ignominy upon your self. What offence does Heaven punish you for, in making you appear in publick, and undertake the defence of a desperate Cause, with so much impudence and childishness, and instead of de∣fending it, to betray it by your ignorance? What enemy of yours would desire to see you in a more forlorn, despicable condition than you are, who have no refuge left from the depth of misery, but in your own imprudence and want of sense, since by your unskilful and silly defence, you have rendred Tyrants the more odious and detestable, by ascribing to them an unbounded liberty of doing mischief with Im∣punity; and consequently have created them more enemies than they had before? But I return to your
Contradictions. When you had resolved with your self to be so wicked as to endeavour to find out a foundation for Tyranny in the Law of Nature, you saw a necessity of extolling a Monarchy above other sorts of Government; which you cannot go about to do, without doing as you use to do, that is contra∣dicting your self. For having said but a little before, That all forms of Government, whether by more or fewer, or by a single person, are equally according to the Law of Nature,
now you tell us, that of all th•se sorts of Govern∣ment, That of a single person is most natural.
Nay, though you had said in express terms but lately, That the Law of Nature does not allow that any Government should re∣side entirely in one man.
Now upbraid whom you will with the putting of Tyrants to death; since you your self by your own folly, have •
ut the Throats of all Monarchs, nay even of Monarchy it self. But it is not to the purpose for us here to dispute which form of Government is best, by one single person, or by many. I confess many eminent and famous men have extolled a Monarchy; but it has always been upon this supposition, that the Prince were a very ex∣cellent person, and one that of all others deserved best to reign, without which Supposition, no form of Government can be so prone to Tyranny as Mo∣narchy is. And whereas you resemble a Monarchy to the Government of the World, by one Divine Be∣ing. I pray answer me, Whether you think that any other can deserve to be invested with a power here on earth, that shall resemble his power that Governs the World, than such a person as doth infinitely ex∣cel all other men, and both for Wisdom and Good∣ness in some measure resemble the Deity? and such a person in my opinion, none can be but the Son of God himself. And whereas you make a Kingdom
to be a kind of a Family, and make a comparison betwixt a Prince and a Master of a Family; observe how lame the Parallel is. For a Master of a Family begot part of his Houshold, at least he feeds all those that are of his house; and upon that account de∣serves to have the Government; but the reason holds not in the case of a Prince; nay 'tis quite contrary. In the next place, you propose to us for our imitati∣on the example of inferiour Creatures, especially of Birds, and amongst them of Bees, which according to your skill in Natural Philosophy, are a sort of Birds too; The Bees have a King over them.
The Bees of Trent
you mean; do'nt you remember? all other Bees, you your self confess to be •…
wealths. But leave off playing the fool with Bees; they 〈◊〉
to the Muses, and hate, and (you see) confute •…
e∣tle as you are The Quails are under a Captain
snares for your own Bitterns;
you are not Fowler good enough to catch us. Now you begin to be personally concerned. Galius Gallinaceus,
a Cock say you, has both Cocks and Hens under him.
How can that be, since you your self that are Gallus,
and but too much Gallinace∣us,
by report, cannot Govern your own single Hen, but let her Govern you: So that if a Gallinaceus
Bee a King over many Hens. you that are a slave to one, must own your self not to be so good as a Gallinaceus,
but some Ster•orarius Gallus,
Dunghill-Cock or other. For matter of Books, there is no body publishes huger Dunghills than you, and you disturb all people with your shitten Cock-crow; that's the only property in which you resemble a true Cock. I'le throw you a great many Barley-corns, if in ransacking this Dunghill Book of yours, you can show me but one Jewel; but why should I promise you Barley, that never p••
kt at corn, as that honest plain Cock that we read of in Aesop,Page 120
but at Gold, as that Roguey Cock in Plautus;
though with a different event; for you found a hundred Ja∣cobusses,
and he was struck dead with Euclio
's Club, which you deserve more than he did. But let us go on: That same natural reason that designs the good and safe∣ly of all mankind, requires, that whoever is once promoted to the S•…ignty, be preserved in the possession of it.
Who∣ever question'd this, as long as his preservation is con∣sistent with the safety of all the rest? But is it not obvious to all men that nothing can be more contrary to natural reason than that any one man should be preserved and defended to the utter ruin and destru∣ction of all others? But yet (you say) it is better to keep and defend a bad Prince, nay one of the worst that ever was, than to change him for another; because his ill Govern∣ment cannot do the Commonwealth so much harm as the di∣sturbances will occasion, which must of necessity be raised be∣fore the people can get rid of him.
But what is this to the right of Kings by the Law of Nature? If nature tea∣cheth me rather to suffer my self to be robbed by High-way men rather; if I should be taken captive by such, to purchase my Liberty with all my Estate, than to fight with them for my life, can you infer from th•…
that they have a natural right to rob and spoil me? Nature teacheth men to give way sometimes to the violence and outrages of Tyrants, the necessity of affairs sometimes enforceth a Toleration with their enormities; what foundation can you find in this forced patience of a Nation, in this compulsory sub∣mission, to build a right upon, for Princes to Tyran∣nize by the Law of Nature? that right which Na∣ture has given the people for their own preservation, can you affirm that she has invested Tyrants with for the people's ruin and destruction? Nature teacheth us, of two evils to chuse the least; and to bear with op∣pression,
as long as there is a necessity of so doing; and will you infer from hence, that Tyrants have some right by the Law of Nature to oppress their Subjects, and go unpunished, because as circumstances may fall out, it may sometimes be a less mischief to bear with them than to remove them? Remember what your self once wrote concerning Bishops against a Jesuit; you were then of another opinion than you are now: I have quoted your words formerly; you there affirm that seditious Civil dissentions and discords of the Nobles and Common people against and amongst one another, are much more tolerable, and less mischievous than certain mi∣sery and destruction under the Government of a single person, that plays the Tyrant.
And you said very true. For you had not then run mad; you had not then been bribed with Charles
You had not got the King's-Evil.
I should tell you perhaps, if I did not know you, that you might be ashamed thus to prevaricate. But you can sooner burst than blush, who have cast off all shame for a little profit. Did you not remember, that the Commonwealth of the people of Rome
flourished and became glorious when they had banished their Kings? Could you possibly forget that of the Low-Countries?
which after it had shook off the yoke of the King of Spain,
after long and tedious Wars, but Crown'd with success, obtained its Liber∣ty, and feeds such a pitiful Grammarian as your self with a Pension; not that their youth might be so in∣fatuated by your Sophistry as to chuse rather to return to their former Slavery than inherit the Glorious Li∣berty which their Ancestors purchased for them. May those pernicious principles of yours be banished with your self into the most remote and barbarous corners of the World. And last of all, the Commonwealth of England
might have afforded you an example, in
who had been their King, after he had been taken captive in War, and was found incurable, was put to death. But they have defaced and impoverished the Island with Civil broils and discords, which under its Kings was happy, and swam in Luxury.
Yea, when it was almost buried in Luxury and Voluptuousness, and the more inured thereto, that it might be enthralled the more easily; when its Laws were abolished, and its Religion agreed to be sold, they delivered it from Slavery. You are like him that published Simplicius
in the same Volume with Epictetus,
a very grave Sto∣ick, Who call an Island happy, because it swims in Luxury.
I'm sure no such Doctrine ever came out of Zeno
's School. But why should not you, who would give Kings a power of doing what they list, have liberty your self to broach what new Philosophy you please? Now begin again to act your part. There never was in any King's Reign so much blood spilt, so many Families ruined.
All this is to be imputed to Charles,
not to us, who first raised an Army of Irishmen
against us; who by his own Warrant Authorized the Irish
Nation to conspire against the English;
who by their means slew Two hundred Thousand of his English
Subjects in the Province of U•…,
besides what Numbers were s•
ain in other parts of that Kingdom; who sollicited two Armies towards the destruction of the Parliament of England,
and the City of London;
and did many other actions of Hostility before the Parlia∣ment and people had Listed one Soldier for the pre∣servation and defence of the Government. What Principles, what Law, what Religion ever taught men rather to consult their ease, to save their mo∣ney, their blood, nay their lives themselves, than to oppose an enemy with force? for I make no
difference betwixt a Foreign Enemy, and another, since both are equally dangerous and destructive to the good of the whole Nation. The Peo∣ple of Israel
saw very well, that they could not possibly punish the Benjamites
Murthering the Le∣vite
's Wife, without the loss of many Men's lives: And did that induce them to sit still? Was that ac∣counted a sufficient Argument why they should ab∣stain from War, from a very Bloody, Civil War? Did they therefore suffer the Death of one poor Woman to be unrevenged? Certainly if Nature teacheth us rather to endure the Government of a King, though he be never so bad, than to en∣danger the lives of a great many Men in the reco∣very of our Liberty; it must teach us likewise not on∣ly to endure a Kingly Government, which is the on∣ly one that you argue ought to be submitted to, but an Aristocracy and a Democracy: Nay, and some∣times it will persuade us, to submit to a Multitude of Highway-men, and to Slaves that Mutiny. Fulvius
if your Principles had been received in their days, must not have engaged in the Servile War (as their Writers call it) after the Praetorian
Armies were Slain: Crassus
must not have Marched against Spartacus,
after the Rebels had destroyed one Roman
Army, and spoil'd their Tents: Nor must ••mp•y
have undertaken the Piratick
War. But the State of Rome
must have pursued the dictates of Na∣ture, and must have submitted to their own Slaves, or to the Pyrates, rather than run the hazard of losing some Mens lives. You do not prove at all, that Nature has imprinted any such notion as this of yours on the minds of Men: And yet you cannot for∣bear boding us ill luck, and denouncing the Wrath of God against us, (which may Heaven divert and in∣flict
it upon your self, and all such Prognosticators as you) who have punished as he deserved, one that had the name of our King, but was in Fact our im∣placable Enemy; and we have made Atonement for the Death of so many of our Countreymen, as our Civil Wars have occasion'd, by shedding his Blood, that was the Author and Cause of them. Then you tell us, that a Kingly Government appears to be more according to the Laws of Nature, because more Nations, both in our days and of old, have submitted to that Form of Government, than ever did to any other.
I answer, If that be so, it was neither the effect of any Dictate of the Law of Nature, nor was it in Obedi∣ence to any Command from God. God would not suffer his own People to be under a King; he con∣sented at last, but unwillingly; what Nature and right Reason dictates, we are not to gather from the practice of most Nations, but of the wisest and most prudent. The Grecians,
with many other, have of their own ac∣cord, out of choice, preferr'd a Commonwealth to a Kingly Government; and these Nations that I have named, are better instances than all the rest. Hence Sulpitius Severus
the very Name of a King was always very odious among freeborn People.
But these things concern not our present purpose, nor many other Impertinences that follow over and over again. I'll make haste to prove, that by Exam∣ples, which I have proved already by Reason, viz.
That it is very agreeable to the Law of Nature, that Tyrants should be punished; and that all Nations by the instinct of Nature, have punished them; which will expose your Impudence, and make it evident, that you take a liberty to publish palpable down-right lies. You begin with the Egyptians;
who does not see, that you play the Gipsy your self throughout? Amongst them,
say you, there is no mention extant of any King, that was ever slain by the Peo∣ple in a Popular Insurrection, no War made upon any of their Kings by their Subjects, no attempt made to depose any of them.
What think you then of Osiris,
who per∣haps was the first King that the Egyptians
ever had? Was not he slain by his Brother Typhon,
and five and twenty other Conspirators? And did not a great part of the Body of the People side with them, and fight a Battel with Isis
the late King's Wife and Son? I pass by Sesostris,
whom his Brother had well-nigh put to Death, and Chemmis,
against whom the People were deservedly en∣raged; and because they could not do it while they were alive, they threatned to tear them in pieces af∣ter they were dead. Do you think that a People that durst lay violent hands upon good Kings, had any restraint upon them, either by the Light of Na∣ture or Religion, from putting bad ones to Death? Could they that threatened to pull the dead Bodies of their Princes out of their Graves, when they ceas∣ed to do mischief, tho by the Custom of their own Country, the Corps of the meanest Person was sacred and inviolable, abstain from inflicting Punishment upon them in their Life-time, when they were acting all their Villanies, if they had been able; and that upon some Maxim of the Law of Nature? I know you would not stick to answer me in the Affirmative, how absurd soever it be; but that you may not offer at it, I'll pull out your Tongue. Know then, that some Ages before Cephrene
s time, one Ammosis
was King of Egypt,
and was as great a Tyrant, as who has been the greatest; him the People bore with. This you are glad to hear; this is what you would
be at. But hear what follows, my honest tell-truth. I shall speak out of Diodorus, They bore with him for some while, because he was too string for them.
But when Actisanes
King of Ethiopia
made War upon him, they took that oppotunity to revolt, so that being de∣forced, he was easily subdued, and Egypt
became an Accession to the Kingdom of Ethiopia.
You see the •…tians,
as soon as they could, took up Arms a∣gainst a Tyrant; they joyned Forces with a Foreign saince, to depose their own King, and disinherit his Posterity; they chos•
to live under a moderate and good Prince, as Actisanes
was, tho a Foreigner, rather than under a Tyrant of their own. The same Peo∣ple with a very unanimous Consent took up Arms against Apries,
another Tyrant, who relied upon Fo∣reign Aids that he had hired to assist him. Under the Conduct of Amasis
their General they Conquered, and afterward Strangled him, and placed Amasis
in the Throne. And observe this Circumstance in the History; Amasis
kept the 〈◊〉
aptive King a good while in the Palace, and treated him well: At last, when the People com••…
d that he nourished his own and their Enemy; he put him into their hands, who put him to Death in the manner I have mentioned. There things are related by Heroditus
Where are you now? Do you think that any Tyrant would not chuse a Hatchet
rather than an Halter? As•…
say you, when the
Egyptians were brought 〈◊〉〈◊〉 by the
Persians, they continued faithful to〈◊〉
which is most false, they never were faithful to 〈◊〉
: For in the fourth year after Cambyses
m, they rebelled. Afterward, when 〈◊〉〈◊〉〈◊〉
tamed them, within a short time after 〈◊〉
volted from his Son Artaxerxes,
and set up one 〈◊〉
to be their King. After whose Death they
rebell'd again, and made one Tachus
King, and made War upon Artaxerxes Mnemon.
Neither were they bet∣ter Subjects to their own Princes, for they deposed Tachus,
and confer'd the Government upon his Son Nectanebus,
till at last Artaxerxes Ochus
brought them the second time into Subjection to the Persian
Empire. When they were under the Macedonian
Empire, they declared by their Actions, that Tyrants ought to be under some restraint: They threw down the Statutes and Images of Ptolomaeus Physco,
and would have killed himself, but that the Mercenary Army that he Com∣manded, was too strong for them. His Son Alexander
was forced to leave his Country by the meer Vio∣lence of the People, who were incensed against him for killing his Mother. And the People of Alexan∣dria
dragged his Son Alexander
out of the Palace, whose Insolent Behaviour gave just Offence, and killed him in the Theatre. And the same People de∣posed Ptolomaeus Auletes
for his many Crimes. Now, since it is impossible that any Learned Man should be ignorant of these things that are so generally known; and since it is an inexcusable fault in Salma∣sius
to be ignorant of them, whose profession it is to teach them others, and whose very asserting things of this Nature ought to carry in its self an Argument of Credibility; it is certainly a very scan∣dalous thing, either that so Ignorant, Unlearned a Blockhead, should to the Scandal of all Learning, profess himself, and be accounted a Learned Man, and obtain Salaries from Princes and States; or that so impudent and notorious a Lyar should not be brand∣ed with some particular Mark of Infamy, and for ever banished from the Society of learned and honest Men. Having searched among the Egyptians
for Examples, let us now consider the Ethiopians
They adore their Kings, whom they suppose God to have appointed over them, almost as if they were a sort of gods themselves: And yet whenever the Priests condemn any of them, they kill themselves: And on that manner, says Diodorus,
they punish all their Criminals; they put them not to death, but send a Minister of Justice to command them to kill themselves. In the next place you mention the Assy∣rians,
and the Persians,
who of all others were most observant of their Princes: And you af∣firm contrary to all Historians that have wrote any thing concerning those Nations, That the Regal Power there, had an unbounded Liberty annexed to it, of doing what the King listed.
In the first place the Prophet Da∣niel
tells us, how the Babylonians
out of human Society, and made him graze with the Beasts, when his pride grew to be insuffera∣ble. The Laws of those Countries were not entitu∣led the Laws of their Kings, but the Laws of the Medes
which Laws were irrevocable, and the Kings themselves were bound by them: Inso∣much that Darius
tho he earnestly desired to have delivered Daniel
from the hands of the Princes, yet could not effect it. Those Nations,
say you, thought it no sufficient pretence to reject a Prince, because he abused the Right which was inherent in him as he was Sovereign.
But in the very writing of these words you are so stu∣pid, as that with the same breath that you commend the Obedience and Submissiveness of those Nations, of your own accord you make mention of Sardanapa∣lus
'r being deprived of his Crown by Arbaces.
Neither was it he alone that accomplished that Enterprise, for he had the assistance of the Priests, (who of all o∣thers were best versed in the Law), and of the peo∣ple; and it was wholly upon this account that he de∣posed
him, because he abused his authority and pow∣er, not by giving himself over to cruelty, but to lux∣ury and effeminacy. Run over the Histories of Hero∣dotus, Ct•sias, Diodorus,
and you will find things quite contrary to what you assert here; you will find that those Kingdoms were destroyed for the most part by subjects, and not by foreigners; that the Assyrians
were brought down by the Medes,
who then were their subjects, and the Medes
by the Persi∣ans,
who at that time were like wise subject to them. Your self confess, that Cyrus rebell'd, and that at the same time in divers parts of the Empire little upstart Go∣vernments were formed by those that shook off the Medes.
But does this agree with what you said before? does this prove the obedience of the Medes
to their Princes, and that Jus Regium
which you had asserted to have been universally received amongst those Nations? What Potion can cure this brains•…
frenzy of yours? You say, It appears by Herodotus how absolute the Persian Kings were. Cambyses
being desirous to marry his Sister, consulted with the Judges, who were the Interpreters of the Laws, to whose Judg∣ment all difficult matters were to be referred. What answer had he from them? They told him, They knew no Law which permitted a Brother to marry his Sister; but another Law they knew, that the Kings of Persia
might do what they listed. Now to this I answer, if the Kings of Persia
were really so absolute, what need was there of any other to inter∣pret the Laws, besides the King himself? Those su∣perfluous, unnecessary Judges would have had their abode and residence in any other place rather than in the Palace, where they were altogether useless. Ag•
in if those Kings might do what ever they would, it is not credible that so ambitious a Prince as CambysesPage 130
was, should be so ignorant of that grand Prerogative, as to consult with the Judges, whether what he de∣sired were according to Law. What was the matter then? either they designed to humour the King, as you say they did, or they were afraid to cross his in∣clination, which is the account that Herodotus
gives of it; and so told him of such a Law, as they knew would please him, and in plain terms made a fool of him; which is no new thing with Judges and Law∣yers now a days. But,
say you, Artabanus a
Themistocles, that there was no better Law in
Persia, than that by which it was Enacted, That Kings were to be honoured and adored.
An excellent Law that was with∣out doubt which commanded subjects to adore
their Princes! but the Primitive Fathers have long ago damned it; and Artabanus
was a proper person to commend such a Law, who was the very man that a little while after slew Xerxes
with his own hand. You quote Regicides to assert Royalty. I am afraid you have some design upon Kings. In the next place you quote the Poet Claudian,
to prove how obedient the Persians
were. But I appeal to their Histories and An∣nals, which are full of the Revolts of the Persians,
and give us frequent instances of the Murders of their Prin∣ces. The next person whose authority you cite, is O∣tanes
who likewise killed Smerdis
then King of Persia,
to whom, out of the hatred which he bore to a Kingly Government, he reckons up the im∣pieties and injurious actions of Kings, their violation of all Laws, their putting men to death without a legal conviction, their rapes and adulteries; and all this you will have called the right of Kings, and slan∣der Samuel
again as a teacher of such Doctrine. You quote Homer,
who says that Kings derive their
authority from Jupiter;
to which I have already gi∣ven an answer. For King Philip
whose asserting the right of Kings, you make use of: I'le believe Charles
his description of it, as soon as his. Then you quote some Sentences out of a fragment of Diogenes
but you do not tell us what sort of a King he speaks of. Observe therefore how he begins that Discourse; for whatever follows must be understood to have relation to it.
Let him be King, says he, that of all others is most just, and so he is that acts most according to Law; for no man can be King that is not just; and without Laws there can be no Justice.
This is directly opposite to that Regal right of yours. And Ecphantas,
whom you likewise quote, is of the same opinion:
Who∣soever takes upon him to be a King, ought to be na∣turally most pure and clear from all imputation:
And a little after,
Him, says he, we call a King, that governs well, and he only is properly so.
So that such a King as you speak of, according to the Philosophy of the Pythagoreans,
is no King at all. Hear now what Plato
says in his eighth Epistle:
Let Kings, says he, be liable to be called to account for what they do: Let the Laws controul not only the people, but Kings themselves, if they do any thing not war∣ranted by Law.
I'le mention what Aristotle
says in the Third Book of his Politicks;
It is neither for the Publick Good, nor is it just, says he,
where all men are by nature alike and equal, that any one should be Lord and Master over all the rest, neither where there are no Laws; nor is it for the Publick Good, or Just, that one man should be a Law to the rest; nor is it so where there are Laws; nor that any one, tho a good man, thould be Lord over other good
n, nor a bad man over bad men.
And in the Fifth Book
That King whom the people refuse to be govern'd by, is no longer a King, but a Tyrant. Hear what Xenophon says in Hiero: People are so far from revenging the Deaths of Tyrants, that they confer great Honour upon him that Kills one, and erect Statues in their Temples to the Ho∣nour of Tyrannicides.
Of this I can produce an 〈◊〉
witness, Marcus Tullius,
in his Oration pro Milone,
The Grecians, says he, ascribe Divine Worship to such as kill Tyrants: What things of this nature have 〈◊〉 my self seen at Athens, and in other Cities of Greece? How many Religious Observances have been in•…ted in honour of such men? How many Hymns? They are consecrated to Immortality and Adoration, and their Memory endeavoured to be perpetuated.
an Historian of great Authority and Gravity, in the Sixth Book
of his 〈◊〉
When Princes began to in∣〈◊〉 their own Lusts and sensual Appetites, then •…doms were turned into so many Tyrannies, and the Subjects began to conspire the Death of their Go∣vernors; neither were they the profligate sort sort that were the Authors of those Designs, but the most Generous and Magnanimous.
I could quote many 〈◊〉
like passage, but I shall instance in no more▪ 〈…〉
Philosophers you appeal to the Poets; and 〈…〉
willing to follow you thither. Aeschylus 〈…〉 to inform us, That the Power of the Kings of 〈…〉, as not to be liable to the censure of any 〈…〉 questioned before any Human Judicature •…gedy that is called,
The Suppliants, calls〈…〉
Argives, a Governor not obnoxious to th•〈…〉 any Tribunal.
But you must know, for 〈…〉
you say, the more you discover your rash∣ness
and want of judgment; you must know, I say, that one is not to regard what the Poet says, but what person in the Play speaks, and what that person says; for different persons are introduced, sometimes good, sometimes bad; sometimes wise men, sometimes fools; and such words are put into their mouths, as it is most proper for them to speak; not such as the Poet would speak, if he were to speak in his own person. The Fifty Daughters of Danaus
being banished out of Egypt,
became Suppliants to the King of the Argives;
they begg'd of him, that he would protect them from the Egyptians,
who pursued them with a Fleet of Ships. The King told them he could not undertake their Protection, till he had imparted the matter to the people;
For, says he, if I should make a promise to you, I should not be able to perform it, unless I consult with them first.
The Women being Strangers and Suppliants, and fearing the uncertain suffrages of the people, tell him,
That the Power of all the people resides in him alone▪ that he judges all others, but is not judged himself by any.
I have told you already, That I cannot do this thing that you desire of me, without the peo∣ples consent; nay, and tho I could, I would not.
At last he refers the matter to the people;
I will assem∣ble the people, says he, and persuade them to pro∣tect you.
The people met, and resolved to engage in their quarrel; insomuch that Danaus
their Father bids his Daughters
be of good cheer, for the people of the Countrey, in a Popular Convention had vo∣ted their Safeguard and Defence.
If I had not re∣lated the whole thing, how rashly would this imper∣tinent Ignoramus
have determined concerning the Right of Kings among the Grecians,
out of the
mouths of a few Women that were Strangers and Suppliants, tho the King himself, and the History be quite contrary? The same thing appears by the story of Orestes
who after his Fa∣ther's Death was himself King of the Argives,
and yet was called in question by the people for the death of his Mother, and made to plead for his Life, and by the major suffrage was condemned to dye. The same Poet in his Play called The Suppliants,
declares, That at Athens
the Kingly Power was subject to the Laws; where Theseus
then King of that City is made to say these words:
This is a free City, it is not governed by one man; the people reigns here.
And his Son Demophoon,
who was King after him, in ano∣ther Tragedy of the same Poet, called H•raclidae,
I do not exercise a Tyrannical power over them, as if they were Barbarians: I am upon other terms with them; but if I do them Justice, they will do me the like. Sophocles
in his Oedipus
shows, That ancient∣ly in Thebes
the Kings were not absolute neither: Hence says Tiresias
I am not your Slave.
to the same King,
I have some Right in this City, says he, as well as you.
And in another Tragedy of the same Poet, called An∣tigone, Aemon
tells the King,
That the City of Thebes is not govern'd by a single person.
All men know that the Kings of Lacedemon
have been ar∣raigned, and sometimes put to death judicially. These instances are sufficient to evince what Power the Kings in Greece
had. Let us consider now the Romans:
You betake your self to that passage of C. Memmius
of Kings having a liberty to do what they list, and go unpunished; to which I have given an answer already, Salust
himself says in express words,
That the Ancient Government of Rome
was by their Laws, tho the Name and Form of it was Regal;
which form of Government, when it grew into a Tyranny, you know they put down and changed. Cicero
in his Oration against Piso,
Shall I, says he, account him a Consul, who would not allow the Senate to have any Authority in the Common∣wealth? Shall I take notice of any man as Consul, if at the same there be no such thing as a Senate; when of old, the City of Rome acknowledged not their Kings, if they acted without or in opposition to the Senate?
Do you hear; the very Kings them∣selves at Rome
signified nothing without the Senate. But,
say you, Romulus governed as he listed;
and for that you quote Tacitus.
No wonder: The Govern∣ment was not then established by Law; they were a confus'd multitude of strangers more like, than a State; and all mankind lived without Laws, before Governments were setled. But when Romulus
was dead, tho all the people were desirous of a King, not having yet experienced the sweetness of Liberty, yet, as Livy
The Soveraign Power resided in the People; so that they parted not with more Right than they retained:
The same Author tells us,
That that same Power was afterwards extorted from them by their Emperours.Servius Tullius
at first reigned by fraud, and as it were a Deputy to Tar∣quinius Priscus;
but afterward he referred it to the people, Whether they would have him reign or no? At last, says Tacitus,
he became the Author of such Laws as the Kings were obliged to obey. Do you think he would have done such an injury to himself and his Posterity, if he had been of opinion that the Right of Kings had been above all Laws? Their last King, Tarquinius Superbus,
was the first that put an
end to that custom of consulting the Senate concern∣ing all Publick Affairs; for which very thing, and other enormities of his, the people deposed him and banished him and his Family. These things I have out of Livy
than whom you will hardly produce any better Expositors of the Right of Kings among the Romans.
As for the Dictatorship, that was but Temporary, and was never made use of, but in great extremities, and was not to continue longer than six months. But that thing which you call the Right of the Roman
Emperors, was no Right, but a plain downright Force; and was gained by War only. But Tacitus,
say you, that lived under the Go∣vernment of a single person, writes thus; The Gods have committed the Sovereign Power in human Affairs to Princes only, and have left to Subjects the honour of being obedient.
But you tell us not where Tacitus
has these words; for you were conscious to your self, that you impo∣sed upon your Readers in quoting them; which I presently smelt out, tho I could not find the place of a sudden: For that Expression is not Tacitus
's own, who is an approved Writer, and of all others the 〈◊〉
Enemy to Tyrants; but Tacitus
relates that •…
us, a Gentleman
being accused for a Capital Crime, amongst other things that he said to save his life, flattered Tiberius
on this manner; (it is in the Sixth
Book of his Annals);
The Gods have en∣trusted you with the ultimate Judgment in all things; they have left us the honour of obedience.
And you cite this passage as if Tacitus
had said it himself; you 〈◊〉
together whatever seems to make for your Opinion, either out of oftentation, or out of weak∣ness; you would leave out nothing that you could find in a Baker's, or a Barber's Shop; •
ay, you would be glad of any thing that looked like an Argument,
from the Hang-man himself. If you would have read Tacitus
himself, and not have transcribed some loose Quotations out of him by other Authors, he would have taught you whence that Imperial Right had its Original.
After the Conquest of Asia, says he, the whole state of our Affairs was turned upside down; nothing of the ancient integrity of our Forefathers was left amongst us; all men shook off that former equality which had been observed, and began to have a reverence for the Mandates of Princes.
This you might have learned out of the Third
Book of his Annals,
whence you have all your Regal Right:
When that ancient equality was laid aside, and in∣stead thereof Ambition and Violence took place, Tyrannical Forms of Government started up, and fixed themselves in many Countries.
This same thing you might have learned out of Dio,
if your natural Levity and Unsetledness of Judgment would have suffered you to apprehend any thing that's solid. He tells us in his Fifty third
Book of his History,
out of which book you have made some quotation alrea∣dy, That Octavius Caesar,
partly by Force, and partly by Fraud, brought things to that pass, that the Empe∣rors of Rome
became no longer fettered by Laws. For he, tho he promised to the people in publick that he would lay down the Government, and obey the Laws, and become subject to others, yet under pre∣tence of making War in several Provinces of the Em∣pire, still retained the Legions, and so by degrees in∣vaded the Government, which he pretended, he would forgo. This was not regularly getting from under the Law, but breaking forcibly through all Laws, as Spartacus
the Gladiator might have done; and then assuming to himself the style of Prince or
Emperor, as if God or the Law of Nature had put all men and all Laws into subjection under him. Would yo•
enquire a little further into the Original of the Right of the Roman
Emperors? Mircus Anto∣nius,
when by taking up Arms against the Commonwealth, he had got all the Power into his hands, had made Consul, when a Solemnity called the Luperelia
was celebrated at Rome,
(as had been contrived before-hand, that he should) set a Crown upon Caesar
's head, (though the people sighed and lamented at the sight) and caused it to be entred upon record, That Mirous Antonius
at the Lupercalia,
King at the Instance of the people Of which action, Cicero
in his second Phi∣lippick,
Was Lucius Tarquinius therefore expelled, says he, Spurius Cassius, Sp. Milius, and Marcus Mani∣lius put to death, that after many ages Marcus An∣tonius should make a King in Rome contrary to Law?
But you deserve to be tortured, and loaded with everlasting disgrace, much more than Mark Antony;
tho I would not have you proud because he and your self are put together; for I do not think so despica∣ble a Wretch as you fit to be compared with him in any thing but Impiety; you that in those horrible Lupercalia
of yours, set not a Crown upon one Ty∣rant's head, but upon all, and such a Crown as you would have limited by no Laws, nor liable to any. Indeed if we must believe the Oracles of the Empe∣rors themselves, (for so some Christian Emperors, as Theodosius
have called their Edicts, •od. lib. 1. tit.
14.) the Authority of the Emperors depends upon that of the Law. So that the Majesty of the Person that reigns, even by the Judgment, or call it the Oracle, of the Emperors themselves, must submit to the Laws, on whose Authority it depends. Hence
in his Panegyrick,
when the Power of the Emperors was grown to its height:
A Prin∣cipality, and an Absolute Sovereignty are quite dif∣ferent things. Trajan puts down whatever looks like a Ringdom; he rules like a Prince, that there may be no room for a Magisterial Power. And af∣terwards, Whatever I have said of other Princes, I said that I might show how our Prince reforms and corrects the Manners of Princes, which by long cu∣stom have been corrupted and depraved.
Are not you ashamed to call that the Right of Kings, that Pliny
calls the corrupt and depraved Customs of Prin∣ces? But let this suffice to have been said in short of the Right of Kings, as it was taken at Rome.
How they dealt with their Tyrants, whether Kings or Em∣perors, is generally known. They expelled Tarquin. But,
say you, How did they expel him? Did they pro∣ceed against him judicially? No such matter: When he would have come into the City, they shut the gates against him.
Ridi∣culous Fool! What could they do but shut the gates, when he was hastning to them with part of the Army? And what great difference will there be, whether they banished him, or put him to death, so they pu∣nished him one way or other? The best men of that age kill'd Caesar
the Tyrant in the very Senate. Which action of theirs, Marcus Tullius,
who was himself a very excellent man, and publickly call'd the Father of his Countrey, both elsewhere and particu∣larly in his second Philippick,
extols wonderfully. I'll repeat some of his words,
All good Men kill'd Caesar,
as far as in them lay. Some Men could not advise in it, others wanted Courage to act in it, others wanted an Opportunity, all had a good will to it. And afterwards, What greater and more glorious Action (ye holy gods!) ever was perform∣ed,
not in this City only, but in any other Coun∣try? what Action more worthy to be recommended to everlasting memory? I am not unwilling to be included within the number of those that advised it, as within the Trojan
The passage of Se∣neca
may relate both to the Romans,
and the Grecians,
There cannot be a greater, nor more acceptable Sa∣crifice offered up to Jupiter, than a wicked Prince.
For if you consider Hercules,
whose words these are, They shew what the Opinion was of the principal Men amongst the Grecians
in that Age; If the Poet, who flourished under Nero
(and the most worthy Per∣sons in Plays generally express the Poet's own Sense) then this passage shows us what Seneca
himself and all good Men, even in Nero
's time, thought was fit to be done to a Tyrant; and how vertuous an Acti∣on, how acceptable to God they thought it to kill one. So every good Man of Rome,
as far as in him lay, kill'd Domitian. Pliny
the Second, owns it open∣ly in his Panegyrick
We took pleasure in dashing those proud Looks against the Ground, in piercing him with our Swords, in mangling him with Axes, as if he had bled and felt pain at every stroke: No man could so command his passion of Joy, but that he counted it a piece of Revenge to behold his mangled Limbs, his Mem∣bers torn asunder, and after all, his stern and hor∣••• Statues thrown down and burnt.And after∣wards,
They cannot love good Princes enough, that cannot hate bad ones as they deserve. Then amongst other Enormities of Domitian,
he reckons this for one, that he put to Death Ep•phroditus,
that had kill'd Nero,
Had we forgotten the avenging Nero's Death? Was it likely that he would suffer his Life and Actions to be ill spoken of, whose Death he re∣venged?Page 141
He seems to have thought it almost a Crime not to kill Nero,
that counts it so great a one to pu∣nish him that did it. By what has been said, it is evident, that the best of the Romans
did not only kill Tyrants, as oft as they could, and howsoever they could; but that they thought it a commendable, and a praise-worthy Action so to do, as the Grecians
had done before them. For when they could not proceed judicially against a Tyrant in his life-time, being in∣terior to him in Strength and Power, yet after his Death they did it, and condemn'd him by the Vale∣rian
Law. For Valerius Publicola, Junius Brutus
his Colleague, when he saw, that Tyrants being guard∣ed with Soldiers, could not be brought to a legal Tryal, he devised a Law to make it lawful to kill them any way, tho uncondemn'd, and that they that did it, should afterwards give an account of their so doing. Hence, when Cassius
had actually run Caligula
through with a Sword, tho every Body else had done it in their hearts, Valerius Asiaticus,
one that had been Consul, being present at the time, cried out to the Soldiers, that began to Mutiny because of his Death, I wish I my self had kill'd him.
And the Senate at the same time was so far from being displeased with Cas∣sius
for what he had done, that they resolved to ex∣tirpate the Memory of the Emperors, and to raze the Temples that had been erected in Honour of them. When Claudius
was presently saluted Empe∣ror by the Soldiers, they forbad him by the Tribune of the People to take the Government upon him; but the Power of the Soldiers prevailed. The Senate declared Nero
an Enemy, and made enquiry after him, to have punished him according to the Law of their Ancestors; which required, that he should be stript naked, and hung by the Neck upon a forked Stake,
and whipt to Death. Consider now, how much more mildly and moderately the English
dealt with their Tyrant, tho many are of Opinion, that he caused the spilling of more Blood than ever Nero
himself did. So the Senate condemn'd Domitian
after his Death; they commanded his Statues to be pull'd down and dash'd in pieces, which was all they could do. When Commodus
was slain by his own Officers, neither the Senate, nor the People punisht the Fact, but declared him an Enemy, and enquired for his dead Corps to have made it an Example. An Act of the Senate made upon that occasion is extant in Lampridius:
Let the Enemy of his Country be de∣priv'd of all his Titles; let the Parricide be drawn, let him be torn in pieces in the Spoliary, let the E∣nemy of the gods, the Executioner of the Senate be drag'd with a Hake, &c.
The same Persons in a ve∣ry full Senate condemn'd Didius Julianus
to Death, and sent a Tribune to slay him in the Palace. The same Senate deposed Maximinus,
and declared him an Enemy. Let us hear the words of the Decree of the Senate concerning him, as Capitolinus
The Consul put the question, Conscript Fathers, what is your pleasure concerning the Maximines?
They are Enemies, they are Enemies, who ever kills them shall be rewarded.
Would you know now, whether the People of Rome,
and the Provinces of the Empire obeyed the Senate, or Maxi∣mine
the Emperor? Hear what the same Author says, The Senate wrote Letters into all the Provinces, re∣quiring them to take care of their Common Safety and Liberty; the Letters were publickly read. And the Friends, the Deputies, the Generals, the Tri∣bunes, the Soldiers of Maximine,
were slain in all places; very few Cities were found that kept their
Faith with the publick Enemy. Herodian
relates the same thing. But what need we give any more In∣stances out of the Roman
Histories? Let us now see what manner of thing the Right of Kings was in those days, in the Nations that bordered upon the Empire. Ambiorix,
a King of the Gauls,
The Nature of his Dominion to be such, that the People have as great Power over him, as he over them.
And consequently, as well as he judged them, he might be judged by them. Vercingetorix,
another King in Gaul,
was accused of Treason by his own People. These things Caesar
relates in his History of the Gallick
Neither is the Regal Power among the Germans absolute and uncontroulable; lesser matters are ordered and disposed by the Princes; greater Affairs by all the People. The King or Prince is more considerable by the Autho∣rity of his Persuasions, than by any Power that he has of Commanding. If his Opinion be not approv'd of, they declare their dislike of it by a general mur∣muring Noise. This is out of Tacitus.
Nay, and you your self now confess, that what but of late you exclaim'd against as an unheard of thing, has been often done, to wit, That no less than fifty
Scotish Kings have been either Banished, or Imprisoned, or put to Death, nay, and some of them publickly executed.
Which having come to pass in our very Island; why do you, as if it were your Office to conceal the violent Deaths of Tyrants, by burying them in the dark, exclaim against it as an abominable and unheard of thing? You proceed to commend the Jews
for their Religious Obearence even to Tyrants, and to heap one lye upon another, all which I have already con•
uted you in. Of late you made large Enccmi∣ums of the Obedience of the Assyrians
and Persians,Page 144
and now you reckon up their Rebellions; and tho but of late you said they never had Rebell'd at all, now you give us a great many reasons why they Re∣bell'd so often. Then you resume the Narrative of the manner of our King's Death, which you had broken off long since; that if you had not taken care su••
ntly to appear ridiculous, and a Fool then, you may do it now. You said, He was led through the Members of his own Court.
What you mean by the Members of the Court, I would gladly know. You enumerate the Calamities that the Romans
underwent by changing their Kingdom into a Commowealth. In which I have already shown how grosly you give your self the lye. What was it you said when you wrote against the Jesuit? You demonstrated, That in an
Aristocracy, or a popular State there c•uld but he Sediti••s and Tumults, whereas under a Tyrant nothing was to be l•ked for, but certain Ruin and Destruction:
And dare you now say, you vain corrupt Mortal, That th•se Seditions were Punishments inflicted upon them f•r Ban•shing their Kings;
to wit, because King Charles
gave you a hundred Jacobuss•s
afterward? Therefore the Romans
shall be punished for Banishing their Kings. But
they that kill'd Julius Caesar, did not prosper afterwards.
I confess, if I would have had any Tyrant spared, it should have been him. For al∣tho he introduced a Monarchical Government into a 〈◊〉
State by force of Arms, yet perhaps himself de∣served a Kingdom best; and yet I conceive that none of those that killed him can be said to have been pu∣nished for so doing, any more than Caius Anthonius, 〈…〉
's Colleague for destroying Cataline,
who when he was afterward condemn'd for other Crimes, says Cicero
in his Oration, Pro Flacco,
Cataline's Se∣pulch•… was ad•rn'd with Flowers.
For they that fa▪∣voured
then rejoyced, They gave out then, that what
Cataline did was just,
to encrease the Peoples hatred against those that had cut him off. These are Artifices, which wicked Men make use of, to deter the best of Men from punishing Ty∣rants, and slagitious Persons. I might as easily say the quite contrary, and instance in them that have killed Tyrants, and prospered afterwards; if any certain inference might be drawn in such •…
ases from the Events of things. You object further, That the
English did not put their Hereditary King to Death in like manner, as Tyrants use to be slain, but as Robbers and Traytors are executed.
In the first place I do not, nor can any wise Man understand what a Crowns being Hereditary, should contribute to a King's Crimes being unpunishable. What you ascribe to the Barbarous Cruelty
of the English,
proceeded rather for their Clemency and Moderation, and as such, deserves Commendation; who, tho the bein•
a Tyrant, is a Crime that comprehends all sorts of Enormities, such as Robberies, Treasons, and Rebellions against the whole Nation, yet were contented to inflict no greater punishment upon him for being so, than they used of course to do upon any Common Highway-man, or ordinary Traytor. You hope some such Men as
Thrasibulus will rise up amongst us, and make Expiation for the King's Death by shedding th•ir Blood that were the Authors of it.
But you will run •…
d with despair, and be detested by all good Men and put an end to that wretched Life of yours, by h•
ng∣ing your self, before you see Men like H•…dius
avenging the Blood of a Tyrant upon such 〈◊〉
ve done no other than what they did themselves. That you will come to such an end is most pro••
nor can any other be expected of so great a Rogue; but the other thing is an utter impossibi∣lity. You mention thirty Tyrants that rebelled in Callienus
's time. And what if it fall out, that one Tyrant happens to oppose another, must there∣fore all they that resist Tyrants be accounted such themselves? You cannot persuade Men into such a belief, you Slave of a Knight; nor your Author Trebellius Pollio,
the most inconsiderable of all Historians that have writ. If any of the Emperors were declared Ene∣mies by the Senate,
you say, it was done by Fa∣ction, but could not have been by Law.
You put us in mind what it was that made Emperours at first: It was Faction and Violence, and to speak plainer, it was the Madness of Anthony,
that made Generals at first Rebel against the Senate, and the People of Rome;
there was no Law, no Right for their so doing. Galba,
you say, was punished for his Insurection against
Nero. Tell us likewise how ••spasian
was punished for taking up Arms against Vitellius. There was as much difference,
you say, be∣twixt
Nero, as betwixt those
English •…chers, and the
Roman Senators of th•• Age.
ble Villain! by whom it is Scandalous to be commended, and a Praise to be Evil spoken of: But a few Periods before, discoursing of this very thing, you said, That the
Roman Senate under the Emperors, was in effect but an Assembly of Slaves in Robes:
And here you say, That very Senate was an Assembly of Kings;
which if it be allowed, then are Kings according to your own Opinion, but Slaves with Robes on. Kings are blessed, that have such a Fellow as you to write in their praise, than whom no Man is more a Rascal, no Beast more void of Sense, unless this one thing may be said
to be peculiar to you, that none ever brayed so learnedly. You make the Parliament of England
more like to Nero,
than to the Roman
Senate. This itch of yours of making silly Similitudes, enforces me to rectify you, whether I will or no: And I will let you see how like King Charles
was to Nero. Ne∣ro,
you say, commanded his own Mother to be run through with a Sword.
murdered both his Prince, and his Father, and that by Poyson. For to omit other evidences; he that would not suffer a Duke that was accused for it, to come to his Tryal, must needs have been guilty of it himself. Nero
slew many thousands of Christians;
slew many more. There were those, says Suetonius,
that praised Nero
after he was dead, that long'd to have had him again, That hung Garlands of Flowers upon his Sepulchre,
and gave out that they would ne∣ver prosper that had been his Enemies. And some there are transported with the like Phrensy, that wish for King Charles
again, and extol him to the highest degree imaginable, of whom you a Knight of the Halter are a Ringleader. The
English Sol∣diers more Savage than their own Mastiffs, erect•d a new and unheard-of Court of Justice.
Observe this in∣genious Symbol, or adage of Salmasius,
which he has now repeated six times over, More Savage than their own Mastiffs.
Take notice, Orators and School-Masters, pluck, if you are wise, this Elegant Flower, which Salmasius
is so very fond of: Com∣mit this Flourish of a Man, that is so much a Master of words, to your Desks for safe Custody, lest it be lost. Has your rage made you forget words to that de∣gree, that like a Cuckcow, you must needs say the same thing over and over again? What strange thing
has befallen you? The Poet tells us, That Spleen and Rage turn'd Hecuba
into a Dog; and it has turn'd you, the Lord of St. Lupus,
into a Cuckow. Now you come out with fresh Contradictions. You had said before, page 113. That Princes were not bound by any Laws, neither C•ercive, nor Directory; that they were bound by no Law at all.
Now you say, That you will discourse by and by of the difference betwixt some Kings and others, in point of Pow•r; some having had more, some less.
You say, You will prove that Kings can∣not be judged, nor c•ndemn'd by their own Subjects, by a most solid Argument;
but you do it by a very silly one, and 'tis this; You say, There was no other difference than that betwixt the Judges, and the Kings of the
Jews; and yet the reason why the
Jews required to have Kings over them, was because they were weary of their Judges, and hated their Government.
Do you think that, because they might Judge and Condemn their Judges, if they misbehaved themselves in the Government; they therefore hated and were weary of them, and would be under Kings, whom they should have no Power to restrain and keep within Bounds, tho they should break through all Laws? Who but you ever argued so childishly? So that they desired a King for some other reason, than that they might have a Master over them, whose Power should be superior to that of the Law; which reason what it was, it is not to our present purpose to make a Conjecture: What∣ever it was, both God and his Prophets tells us, it was no piece of prudence in the People to desire a King. And now you fall foul upon your Rabbins,
and are very angry with them for saying, That a King might be judged and condemned to un∣dergo Stripes; out of whose Writings you said
before you had proved that the Kings of the Jews
could not be judged. Wherein you confess, that you told a lye when you said you had proved any such thing out of their Writings. Nay, you come at last to forget the Subject you were upon, of writing in the King's Defence, and raise little impertinent Controversies about Solomon
's Sta∣les, and how may Stalls he had for his Horses. Then of a Jocky you become a Ballad-singer again, or rather, as I said before, a raving di∣stracted Cuckoo. You complain, That in these latter Ages, Discipline has been more remiss, and the Rule less observed and kept up to;
to wit, because one Tyrant is not permitted without a •
heck from the Law, to let loose the Roms of all Discipline, and corrupt all Mens manners. This Doctrine, you say, the Brownists
introduced amongst those of the •
e∣form'd Religion; so that Luther, Calvin, Zum•lius, Bucer,
and all the most Celebrated Orthodox Di∣vines are Brownists
in your Opinion. The English
have the less reason to take your Reproaches ill, because they hear you belching out the same Slan∣ders against the most eminent Doctors of the Church, and in effect against the whole Reformed Church it self.
AFter having discours'd upon the Law of God, and of Nature, and handled both so unto∣wardly, that you have got nothing by the bargain but a deserved reproach of Ignorance and Knavery; I cannot apprehend what you can have farther to alledg in defence of your Royal Cause, but meer tri∣fles. I for my part hope I have given satisfaction al∣ready to all good and learned men, and shall have done this Noble cause Right, should I break off here; yet lest I should seem to any to decline your variety of arguing and ingenuity, rather than your immo∣derate impertinence, and tittle-tattle, I'le follow you where ever you have a mind to go; but with such brevity as shall make it appear, that after having per∣form'd whatever the necessary defence of the Cause required, if not, what the dignity of it merited, I now do but comply with some mens expectation, if not their curiosity. Now, say you, I shall alledg other and greater arguments. What? greater arguments than what the Law of God and Nature afforded? Help, Lucina! The mountain Salmasius is in labour! It is not for nothing that he has got a she-husband. Mortals ex∣pect some extraordinary birth. If he that is, and is called a King, might be accused before any other power, that power must of necessity be greater than that of the King; and if so, then must that power be indeed the Kingly power, and ought to have the name of it: For a Kingly power is thus defined; to wit, the Supreme power in the State residing in a single person, and which has no superior. O ridiculous birth! a Mouse crept out of the Mountain! Help Grammarians! one of your number is in danger of perishing! The Law of God and of Nature are safe; but Salmasius his Dictionary is undone. What if I
should answer you thus? That words ought to give place to things; that we having taken away King∣ly Government it self, do not think our selves concerned about its name, and definition; let others look to that, who are in love with Kings: We are contented with the enjoyment of our Liberty; such an answer would be good enough for you. But to let you see that I deal fairly with you throughout, I will answer you, not only from my own, but from the opinion of very wise and good men, who have thought that the name and power of a King are very consistent with a power in the people and the Law, superior to that of the King himself. In the first place Lycurgus, a man very eminent for his wisdom, design∣ing, as Plato says, to secure a Kingly Government as well as it was possible, could find no better expedi∣ent to preserve it, than by making the power of the Senate, and of the Ephori, that is, the power of the people, superior to it. Theseus in Euripedes, King of Athens was of the same opinion; for he to his great honour restored the people to their liberty, and ad∣vanced the power of the people above that of the King, and yet left the Regal Power in that City to his Posterity. Whence Euripedes in his Play call∣ed the Suppliants, introduceh him speaking on this manner:
I have advanced the people themselves into the Throne, having freed the City from Slavery, and admitted the people to a share in the Government, by giving them an equal right of Suffrage.
And in another place to the He∣rald of Thebes,
In the first place, says he, you begin your Speech, Friend, with a thing that is not true; in stiling me a Monarch; for this City is not govern∣ed by a single person, but is a free State; the people reigns here.
These were his words, when at the
same time he was both called, and really was King there. The Divine Plato
likewise in his Eight Epistle, Lycurgus,
says he, introduced the power of the Senate and of the
Ephori, a thing very preservative of Kingly Govern∣ment, which by this means hath honourably flourished for so many ages, because the Law in effect was made King.
Now the Law cannot be King, unless there be some, who, if there should be occasion, may put the Law in exe∣cution against the King. A Kingly Government so bounded and limited, he himself commends to the Si∣cilians,
Let the people enjoy their Liberty under a Kingly Government; let the King himself be ac∣countable; let the Law take place even against Kings themselves, if they act contrary to Law.Ari∣stotle
likewise in the third Book of his Politicks,
Of all Kingdoms, says he, that are govern'd by Laws, that of the Lacedemonians seems to be most truly and properly so.
And he says, all forms of Kingly Go∣vernments are according to setled and establisht Laws, but one, which he calls 〈 in non-Latin alphabet 〉
, or Absolute Mo∣narchy,
which he does not mention ever to have ob∣tain'd in any Nation. So that Aristotle
thought such a Kingdom, as that of the Lacedemonians
was, to be and deserve the name of a Kingdom more properly than any other; and consequently that a King, tho sub∣ordinate to his own people, was nevertheless actually a King properly so called. Now since so many and so great Authors assert that a Kingly Government both in name and thing may very well subsist even where the people, tho they do not ordinarily exercise the Su∣•…
Power, yet have it actually residing in them, and exercise it upon occasion. Be not you of so mean a soul as to fear the down-fall of Grammer, and the 〈◊〉
of the signification of words to that de∣•…
, as to betray the Liberty of Mankind, and the
State, rather than your Glossary should not hold wa∣ter. And know for the future, that words must be conformable to things, not things to words. By this means you'l have more wit and not run on in infinitum,
which now you're afraid of It was to no purpose then, for
Seneca, you say, to describe those three forms of Go∣vernment, as he has done.
do a thing to no pur∣pose, so we enjoy our Liberty. And if I mistake us not, we are other sort of men than to be enslav'd by Seneca
's flowers. And yet Seneca,
though he says that the Soveraign Power in a Kingly Government resides in a single person, says withal that the power is the peo∣ple's,
and by them committed to the King for the wel∣fare of the whole, not for their ruin and destruction; and that the people has not given him a propriety in it, but the use of it. Kings at this rate,
you say, do not reign by God, but by the people.
As if God did not so over-rule the people, that they set up such Kings, as it pleases God. Since Justinian
himself openly ac∣knowledgeth, that the Roman
Emperours derived their Authority from that Royal Law, whereby the people gran∣ted to them and vested in them all their own power and au∣thority.
But how oft shall we repeat these things over and over again? Then you take upon you to intermed∣dle with the Constitution of our Government, in which you are no ways concerned, who are both a stranger and a foreigner; but it shows your sawciness, and want of good manners. Come then, let us hear your Soloecisms, like a busie Coxcomb as you are. You tell us, but 'tis in false Latin,
that what those Desperadoes say, is only to deceive the people.
You Rascal! was it for this that you a Renegado Grammarian, were so forward to in∣termeddle with the affairs of our Government, that you might introduce your Soloecisms and Barbarisms amongst us? But say, how have we deceiv'd the peo∣ple?
Page 154The form of Government which they have set up, is not Popular, but Military.
This is what that herd of Fu∣gitives and Vagabonds hired you to write. So that I shall not trouble my self to answer you, who bleat what you know nothing of, but I'le answer them that hired you. Who excluded the Lords from Parliament, was it the people?
Yea, it was the people; and in so doing they threw an intollerable yoke of Slavery from off their necks. Those very Soldiers, who you say did it, were not foreigners, but our own Country∣men, and a great part of the people; and they did it with the consent, and at the desire of almost all the rest of the people, and not without the authority of the Parliament neither. Was it the people that cut off part of the House of Commons, forcing some away, &c.
Yes, I say, it was the people. For whatever the bet∣ter and sounder part of the Senate did, in which the true power of the people resided, why may not the people be said to have done it? What if the greater part of the Senate should chuse to be slaves, or to ex∣pose the Government to sale, ought not the lesser num∣ber to interpose, and endeavour to retain their Liber∣ty, if it be in their power? But the Officers of the Army and their Soldiers did it.
And we are beholden to those Officers for not being wanting to the State, but re∣pelling the Tumultary violence of the Citizens and Mechanicks of London,
who, like that Rabble that ap∣pear'd for Clodius,
had but a little before beset the very Parliament House? Do you therefore call the right of the Parliament, to whom it properly and ori∣ginally belongs to take care of the Liberty of the people both in Peace and War, a Military power? But 'tis no wonder that those Traytors that have dictated these passages to you, should talk at that rate; so that profligate faction of Anthony
and his adherents used
to call the Senate of Rome,
when they armed them∣selves against the enemies of their Country, The Camp of Pompey.
And now I'm glad to understand that they of your party, envy Cromwell,
that most valiant General of our Army, his undertaking that Expedi∣tion in Ireland,
(so acceptable to Almighty God) sur∣rounded with a joyful crowd of his Friends, and prose∣cuted with the well-wishes of the people, and the pray∣ers of all good men: For I question not but at the news of his many Victories there, they are by this time burst∣en with spleen. I pass by many of your impertinencies concerning the Roman
Soldiers. What follows is most notoriously false: The power of the people,
say you, ceases where there is a King.
By what Law or Right is that? Since it is known that almost all Kings of what Nations soever, received their Authority from the people upon certain conditions; which if the King do not perform, I wish you would inform us, why that Power, which was but a Trust, should not return to the people, as well from a King, as from a Consul, or any other Magistrate. For when you tell us, that 'tis necessary for the Publick Safety, you do but trifle with us; for the safety of the Pub∣lick is equally concerned, whether it be from a King,
or from a Senate,
or from a Triumvirate,
that the power wherewith they were entrusted, revert to the people, upon their abuse of it; and yet you your self grant that it may so revert from all sorts of Ma∣gistrates, a King only excepted. Certainly, if no people in their right wits ever committed the Government either to a King, or other Ma∣gistrates, for any other purpose, than for the common good of them all, there can be no reason why, to prevent the utter ruin of them all, they may not as well take it back again from a King, as from other
Governors; nay, and it may with far greater ease be taken from one, than from many And to invest any mortal creature with a power over themselves, on any other terms than upon Trust, were extreme madness; nor is it credible that any people since the Creation of the world, who had freedom of will, were ever so miserably silly, as either to depart with the power for ever, and to all purposes, or to revoke it from those whom they had entrusted with it, but upon most urgent and weighty reasons. If dissenti∣ons, if Civil Wars, are occasioned thereby, there cannot any Right accrue from thence to the King, to retain that power by force of arms, which the peo∣ple challenge from him as their own Whence it fol∣lows that what you say, and we do not deny, That Governors are not lightly to be changed,
is true with re∣spect to the peoples Prudence, not the King's Right; but that therefore they ought never to be changed, upon no occasion whatsoever, that does not follow by no means; nor have you hitherto alledged any thing, nor made appear any Right of Kings to the contrary, but that all the people concurring, they may lawfully be deposed, when unfit for Govern∣ment; provided it may be done, as it has been often done in your own Countrey of France,
without any Tumults or Civil Wars Since therefore the Safety of the People, and not that of a Tyrant, is the Su∣preme Law, and consequently ought to be alledged on the peoples behalf against a Tyrant, and not for him against them, you that go about to pervert so sacred and so glorious a Law, with your fallacies and juglings; you who would have this Supreme Law, and which of all others is most beneficial to mankind, to serve only for the Impunity of Tyrants, let me fell you, since you call us Englishmen
so often Inspired,Page 157
let me, I say, be so far a Prophet, as to tell you, That the Vengeance of God and man hangs over your head for so horrid a Crime; altho your subjecting all mankind to Tyran∣ny, as far as in you lies, which in effect is no better than condemning them to be devoured by wild beasts, is in it self part of its own Vengeance, and whither∣soever you flye, and wheresoever you wander, will first or last pursue you with its Furies, and overtake you, and cause you to rave worse than you do now. I come now to your second Argument, which is not unlike the first: If the people may resume their Li∣berty, there would be no difference,
you say, betwixt a Popular State and a Kingdom; but that in a Kingdom one man rules, and in a Popular State many.
And what if that were true; would the State have any preju∣dice by it? But you your self tell us of other diffe∣rences that would be notwithstanding; to wit, of Time and Succession; for in popular States, the Magistrates are generally chosen yearly;
whereas Kings, if they be∣have themselves well, are perpetual; and in most Kingdoms there is a Succession in the same Family. But let them differ from one another, or not differ, I regard not those petty things: In this they agree, That when the Publick Good requires it, the people may without doing injury to any, resume that power for the Publick Saftety, which they committed to another for that end and purpose. But by the Royal Law, by the
Romans so called, which is mentioned in the Institutes, the people of
Rome granted all their Power and Authority to the Prince.
They did so by compulsion; the Emperor, being willing to ratifie their Tyranny by the Authority of a Law; but of this we have spoken before; and their own Lawyers commenting upon this place in the Institutes, confess as much. So
that we make no question but the people may revoke what they were forced to grant, and granted against their wills. But most rational it is to suppose, that the people of Rome
transferred no other power to the Prince, than they had before granted to their own Magistrates; and that was a power to govern ac∣cording to Law, and a revocable, not an absurd, ty∣rannical power: Hence it was that the Emperors as∣sumed the Consular Dignity, and that of the Tri∣bunes of the people; but after Julius Caesar,
not one of them pretended to the Dictatorship: In the Cir∣cus Maximus
they used to adore the people, as I have said already out of Tacitus
But as heretofore many private persons have sold themselves into sla∣very, so a whole Nation may.
Thou Gaol-bird of a Knight, thou day-spirit, thou everlasting scandal to thy Native-Countrey. The most despicable Slaves in the world ought to abhor and spit upon such a Factor for Slavery, such a publick Pander as thou art. Certain∣ly if people had so enslaved themselves to Kings, then might Kings turn them over to other Masters, or fell them for money; and yet we know that Kings cannot so much as alienate the Demesnes of the Crown: And shall he, that has but the Crown, and the Revenues that belong to it, as an Usufructuary, and those given him by the people, can he be said to have, as it were, purchased the people, and made them his Propriety? Tho you were bored through both ears, and went bare-foot, you would not be so vile and despicable, so much more contemptible than all Slaves, as the broaching such a scandalous Do∣ctrine as this makes you. But go on, and punish your self for your Rogueries, as now you do, tho against your will. You frame a long Discourse of the Law of War; which is nothing to the purpose in this
place: For neither did Charles
conquer us; and for his Ancestors, if it were never so much granted that they did, yet have they often renounced their Title as Conquerors: And certain it is, That we were ne∣ver so conquered, but that as we swore Allegiance to them, so they swore to maintain our Laws, and go∣vern by them: Which Laws, when Charles
had noto∣riously violated, taken in what capacity you will, as one who had formerly been a Conqueror, or was now a perjured King, we subdued him by force, he him∣self having begun with us first: And according to your own opinion, Whatever is acquired by War, becomes his property that acquired it.
So that how full soever you are of words, how impertinent soever a babler, whatever you prate, how great a noise soever you make, what Quotations soever out of the Rabbins, tho you make your self never so hoarse, to the end of this Chapter, assure your self, That nothing of it makes for the King, he being now conquered, but all for us, who by God's assistance are Conquerors.
TO avoid two very great inconveniences, and considering your own weight, very weighty ones indeed, you denied in the foregoing Chapter, That the Peoples Power was superior to that of the King; for if that should be granted, Kings must pro∣vide themselves of some other name, because the people would indeed be King; and some divisions in your System of Politicks would be confounded; the first of which inconveniences would thwart with your Dictionary, and the latter overthrow your Po∣liticks.
To these I have given such an answer as shows, That tho our own Safety and Liberty were the principal things I aimed the preservation of, yet withal, I had some consideration of salving your Dictionary, and your Politicks. Now, say you, I will prove by other arguments, That a King cannot be judged by his own Subjects; of which Arguments this shall be the greatest and most convincing, That a King has no Peer in his Kingdom. What? can a King have no Peer in his Kingdom? What then is the meaning of those Twelve Ancient Peers of the Kings of France? Are they Fables and Trifles? Are they called so in vain, and in mock only? Have a care how you affront those Principal men of that Kingdom: Who if they are not the King's Peers, as they are called, I am afraid your Dictionary, which is the only thing you are con∣cerned for, will be found more faulty in France, than in England? But go to, let's hear your demonstration, that a King has no Peer in his own Kingdom. Because, say you, the people of Rome, when they had banish'd their King, appointed not one, but two Consuls; and the reason was, That if one of them should transgress the Laws, his Collegue might be a check to him. There could hardly have been devised any thing more silly: How came it to pass then, that but one of the Cousuls had the bundles of Rods carried before him, and not both, if two were appointed, that each might have a Power over the other? And what if both had conspired against the Commonwealth? Would not the Case then be 〈◊〉〈◊〉 same that it would have been, if one Con∣〈◊〉 had been appointed without a Colleague? 〈◊〉 we know very well, that both Consuls, and all 〈◊〉 Magistrates were bound to obey the Senate, •…ever the Senate and the People saw, that the Interest of the Commonwealth so required. We have
a famous instance of that in the Decemviri; who tho they were invested with the Power of Consuls, and were the chief Magistrates, yet the Authority of the Senate reduced them all, tho they struggled to retain their Government: Nay, we read that some Consuls before they were out of office, have been declared enemies, and Arms been taken up against them; for in those days no man looked upon him as a Consul, who acted as an Enemy. So War was waged against Antony, tho a Consul, by Authority of the Senate; in which being worsted, he would have been put to death, but that Octavius, affecting the Empire, sided with him to subvert the Commonwealth. Now whereas you say, That it is a property peculiar to Kingly Majesty, that the power resides in a single person; that's but a loose expression, like the rest of what you say, and is contradicted by your self a little after: For the Hebrew Judges, you say, ruled as long as they lived, and there was but one of them at a time: The Scripture also calls them Kings; and yet they more accountable to the great Councel. Thus we see, That an itch of Vain∣glory, in being thought to have said all that can be said, makes you hardly say any thing but contradi∣ctions. Then I ask, what kind of Government that was in the Roman Empire, when sometimes Two, sometimes Three Emperors, reign'd all at once? Do you reckon them to have been Emperors, that is, Kings, or was it an Aristocracy, or a Triumvirate? Or will you deny, that the Roman Empire under Antoninus and Verus, under Dioclesian and Maximian, under Con∣stantine and Licinius, was still but one entire Empire? If these Princes were not Kings, your Three forms of Government will hardly hold; if they were, then it is not an essential Property of a Kingly Govern∣ment, to reside in a single person. If one of these of∣fend,Page 162
say you, then may the other refer the matter to the Senate, or the People, where he may be accused and con∣demned. And does not the Senate and the People then judg, when the matter is so referred to them? So that if you will give any credit to your self, there needs not one Collegue to judg another. Such a mi∣serable Advocate as you, if you were not so wretched a fellow as you are, would deserve compassion; you lye every way so open to blows, that if one were minded for sports-sake to make a Pass at any part of you, he could hardly miss, let him aim where he would. 'Tis ridiculous, say you, to imagine, That a King will ever appoint Judges to condemn himself. But I can tell you of an Emperor, that was no ridiculous person, but an Excellent Prince, and that was Trajan, who when he delivered a Dagger to a certain Roman Magistrate, as the custom was, that being the badge of his Office, frequently thus admonished him,
Take this Sword, and use it for me, if I do as I ought, if otherwise, against me; for Miscarriages in the Supreme Magistrate are less excusable.
and Aurelius Victor
say of him: You see here, that a worthy Emperor appointed one to judge himself, tho he did not make him his equal. Tiberius
perhaps might have said as much out of Vanity and Hypocrisie; but 'tis almost a crime to imagine that so good and virtuous a Prince as Trajan,
did not really speak as he thought, and according to what he apprehended right and just. How much more reasonable was it that tho he were superior to the Senate in power, and might if he would, have refused to yield them any obedience, yet he actually did obey them, as by ver∣tue of his office he ought to do, and acknowledged 〈◊〉
Right in the Government to be superior to his 〈◊〉
? For so Pliny
tells us in his Panegyrick
both desired and commanded you to be Consul a fourth time; you may know by the Obedience you pay them, that this is no word of Flattery, but of Power: And a little after: This is the design you aim at, to restore our lost Liberty.
was not of that mind alone; the Senate thought so too, and were of opinion, That their Authority was indeed Supreme: For they that could Command their Emperor, might Judge him. So the Emperor Marcus Aurelius,
Governor of Syria
endeavoured to get the Empire from him, referred himself either to the Senate, or the people of Rome,
and declared himself ready to lay down the Government, if they would have it so. Now how should a man determine of the Right of Kings, better, and more truly, than out of the very mouths of the best of Kings? Indeed every good King accounts either the Senate, or the People, not only equal, but superior to himself by the Law of Nature: But a Tyrant being by nature inferior to all men, every one that is stronger than he, ought to be accounted not only his equal, but su∣perior: For as heretofore nature taught men from Force and Violence to betake themselves to Laws, so wherever the Laws are set at naught, the same dictate of nature must necessarily prompt us to be∣take our selves to Force again.
To be of this opi∣nion, says Cicero pro Sestio, is a sign of Wisdom; to put it in practice, argues Courage and Resolution; to do both, is the effect of Vertue in its perfection
Let this stand then as a setled Maxim of the Law of Nature, never to be shaken by any Artifices of Flatter∣ers, That the Senate, or the people, are superior to Kings, be they good or bad: Which is but what
you your self do in effect confess, when you tell us, That the Authority of Kings was derived from the people. For that power which they transferred to Princes, doth yet naturally, or as I may say virtual∣ly reside in themselves notwithstanding; for so natu∣ral causes that produce any effect by a certain eminen∣cy of operation, do always retain more of their own vertue and energy than they impart; nor do they by communicating to others, exhaust themselves. You see, the closer we keep to Nature, the more evidently does the peoples power appear to be above that of the Prince. And this is likewise certain, That the people do not freely, and of choice, settle the Government in their King absolutely, so as to give him a Propriety in it; nor by Nature can do so; but only for the Publick Safety and Liberty; which when the King ceaseth to take care of, then the peo∣ple in effect have given him nothing at all: For Na∣ture says the people gave it him to a particular end and purpose; which end, if neither Nature nor the Peo∣ple can attain, the peoples Gift becomes no more va∣lid, than any other void Covenant or Agreement. These Reasons prove very fully, That the People are Superior to the King; and so your greatest and most 〈◊〉 Argument, That a King cannot be judged by his 〈◊〉 because he has no Peer in his Kingdom, nor any Su∣perior
falls to the ground. For you take that for granted which we by no means allow. In a popular State,
say you, the Magistrates being appointed by the people, may likewise be punished for their Crimes, by the peo∣ple: In an A•…cracy the Senators may be punished by their Collegues. But 'tis a 〈◊〉 thing to pro∣ceed criminally against a King in his own Kingdom, and make him plead for his life.
What can you conclude
from hence, but that they who set up Kings over them, are the most miserable and most silly people in the world. But, I paay, what's the reason why the people may not punish a King that becomes a Male∣factor, as well as they may popular Magistrates and Senators in an Aristocracy? Do you think that all they that live under a Kingly Government, were so strangely in love with Slavery, as when they might be free, to chuse Vassalage, and to put themselves all and entirely under the dominion of one man, who often happens to be an ill man, and often a fool, so as what∣ever cause might be, to leave themselves no 〈◊〉
in, no relief from the Laws, nor the dictates of Na∣ture, against the Tyranny of a most outragious Master, when such a one happens? Why do they then tender conditions to their Kings, when they first enter upon their Government, and prescribe Laws for them to govern by? Do they do this to be trampled upon the more, and be the more laughed to scorn? Can it •
e imagined, that a whole people would ever so 〈◊〉
themselves, depart from their own interest to that degree, be so wanting to themselves, as to place all their hopes in one man, and he very often the most vain person of them all? To what end do they re∣quire an Oath of their Kings, Not to act any 〈◊〉
contrary to Law? We must suppose them to do this, that (poor creatures!) they may learn to their •…
r∣row, That Kings only may commit Perjury with im∣punity. This is what your own wicked Conclusions hold forth. If a King that is elected, promise any thing to his people upon Oath, which if he would not have sw•rn to, perhaps they would not have chose him, yet if he refuse to perform that promise, he falls not under the peoples censure. Nay, tho he swear to his Subjects at his Election, That he will administer Justice to them according to the Laws of the
Kingdom; and that if he do not, they shall be discharged of their Allegiance, and himself
ipso facto cease to be their King, yet if he break this oath, 'tis God and not man that must require it of him.
I have transcribed these lines, not for their Elegance, for they are barbarous∣ly expressed; nor because I think there needs any answer to them, for they answer themselves, they explode and damn themselves by their notorious falshood and loathsomness; but I did it to recommend you to Kings for your great Merits; that among so many places as there are at Court, they may put you into some Preferment or Office that may be fit for you; some are Princes Secretaries, some their Cup∣bearers, some Masters of the Revels; I think you had best be Master of the Perjuries to some of them; You sha'nt be Master of the Ceremonies, you are too much a Clown for that; but their Treachery and Perfidiousness shall be under your care. But that men may see that you are both a Fool and a Knave to the highest degree, let us consider these last assertions of yours a little more narrowly; A King,
say you, tho he swear to his Subjects at his Election that he will govern according to Law,
and that if he do not, they shall be dis∣charged of their Allegiance, and he himself,
ipso facto, cease to be their King;
yet can he not be deposed or punished by them. Why not a King, I pray, as well as popular Ma∣gistrates? Because in a popular State, the People do not transfer all their Power to the Magistrates. And do they in the Case that you have put, vest it all in the King, when they place him in the Government upon those terms expresly, to hold it no longer than he useth it well? So that it is evident, that a King sworn to observe the Laws, if he transgress them, may be punished and deposed, as well as popular Magistrates. So, that you can make no more use of that
invincible Argument of the Peoples tranferring all their Right and Power into the Prince; you your self have battered it down with your own Engines. Hear now another most powerful and invincible Argument of his,
why Subjects cannot judge their Kings, because he is bound by no Law, being himself the sole Lawgiver.
Which having been proved already to be most false, this great reason comes to nothing, as well as the former. But the reason why Princes have but sel∣dom been proceeded against for personal and private Crimes, as Whoredom, and Adultery, and the like, is not because they could not justly be punished even for such, but lest the People should receive more pre∣judice through disturbances that might be occasioned by the King's Death, and the change of Affairs, than they would be profited by the punishment of one Man or two. But when they begin to be universally in∣jurious and insufferable, it has always been the Opi∣nion of all Nations, that then, being Tyrants, it is lawful to put them to Death any how, condemn'd or uncondemn'd. Hence Cicero
in his Second Phillip∣pick,
says thus of those that kill'd Caesar,
They were the first that ran through with their Swords, not a Man who affected to be King, but who was actual∣ly setled in the Government; which, as it was a worthy and godlike Action, so it's set before us for our imitation.
How unlike are you to him! Mur∣der, Adultery, Injuries, are not regal and publick, but private and personal Crimes.
Well said Parasite! you have obliged all Pimps and Pros•
igates in Courts by this Expression. How ingeniously do you act, both the Parasite, and the Pimp, with the same breath? A King that is an Adulterer, or a Murderer, may yet govern well, and consequently ought not to be put to Death, because together with his Life he must lose his
Kingdom; and it was never yet allowed by God's Laws, or Man's, that for one and the same Crime, a Man was to be punished twice.
Infamous foul-mouth, Wretch! By the same reason the Magistrates in a popular State, or in an Aristocracy,
ought never to be put to Death, for fear of double Punishment; no Judge, no Se∣nator must dye, for they must lose their Magistracy too, as well as their Lives. As you have endeavour∣ed to take all Power out of the Peoples hands, and vest it in the King, so you would all Majesty too: A delegated, translatitious Majesty we allow, but that Majesty does chiefly and primarily reside in him, you can no more prove, than you can, that Power and Authority does. A King,
you say, cannot commit Treason against his People, but a People may against their King.
And yet a King is what he is for the People only, not the People for him. Hence I infer, that the whole Body of the People, or the greater part of them must needs have greater Power than the King. This you deny, and begin to cast up accounts. He is of greater Power than any one, than any two, than any 〈◊〉, than any ten, than any hundred, than any thousand, than any ten thousand;
be it so, He is of more Power than half the People.
I will not deny that neither; Add now half of the other half, will be not have more Power than all th•se?
Not at all. Go on, why do you take away the Board? Do you not understand Progression in Arithmetick? He begins to reckon after another manner. Has not the King, and the Nobility together, more Power?
No, Mr Changeling,
I deny that too. If by the Nobility, whom you stile Optimates,
you mean the Peers only; for it may happen, that amongst the whole number of them, there may not be one Man deserving that Appellation; for it often falls out, that there are better and wiser Men, than they
amongst the Commons, whom in Conjunction with the greater, or the better part of the People, I should not scruple to call by the Name of, and take them for all the People. But if the King is not Superior in Power to all the People together, he is then a King but of single Persons, he is not the King of the whole Body of the People.
You say well, no more he is, unless they are content he should be so. Now, balance your accounts, and you will find that by miscasting, you have lost your Prin∣cipal: The
English say, that the Right of Majesty origi∣nally and principally resides in the People; which Principle would introduce a Confusion of all States.
What, of an Aristocracy
But let that pass. What if it would overthrow a Gynaecocracy
too? (i. e.
a Government of one or more Women) under which State or Form of Government, they say, you are in danger of being beaten at home; would not the English
do you a kindness in that, you sheepish Fel∣low, you? But there's no hope of that. For 'tis most justly so ordered, since you would subject all Man∣kind to Tyranny abroad, that you your self should live in a scandalous, most unmanlike Slavery at home. We must tell you,
you say, what we mean by the word People.
There are a great many other things, which you stand more in need of being told: For of things that more immediately concern you, you seem alto∣gether ignorant, and never to have learnt any thing but Words and Letters, nor to be capable of any thing else. But this you think you know, that by the word People, we mean the Common People only, exclusive of the Nobility, because we have put down the House of Lords.
And yet that very thing shows, that under the word People, we comprehend all our Natives, of what Order and Degree soever; in that
we have setled one Supreme Senate only, in which the Nobility also, as a part of the People, not in their own Right, as they did before; but Representing those Burroughs or Counties, for which they may be chose, may give their Votes. Then you inveigh against the Common People, as being Blind and Bru∣tish, Ignorant of the Art of Governing,
you say there's nothing more Empty, more Vain, more Inconstant, more Uncertain than they.
All which is very true of your self, and it's true likewise of the Rabble, but not of the middle sort, amongst whom the most prudent Men, and most skilful in Affairs are generally found; o∣thers are most commonly diverted either by Luxury and Plenty, or by Want and Poverty, from Virtue, and the Study of Laws and Government. There are many ways,
you say, by which Kings come to the Crown, so as not to he beholden to the People at all for it;
and e∣specially, those that inherit a Kingdom.
But those Na∣tions most certainly be Slaves, and born to Slavery, that acknowledge any one to be their Lord and Ma∣ster so absolutely, as that they are his inheritance, and come to him by descent, without any Consent of their own; they deserve not the Appellation of Sub∣jects, nor of Freemen, nor can they be justly repu∣ted such; nor are they to be accounted as a Civil Society, but must be looked on as the Possessions and Estate of their Lord, and his Family: For I see no difference as to the Right of Ownership betwixt them, and Slaves, and Beasts. Secondly, They that come to the Crown by Conquest, cannot acknowledge themselves to have receiv'd from the People, the Power they usurp.
We are not now discoursing of a Conqueror, but of a Conquered King; what a Conqueror may lawfully do, we'll discourse elsewhere; do you keep to your
Subject. But whereas you ascribe to Kings that An∣cient Right that Masters of Families have over their Housholds, and take an example from thence of their absolute Power, I have shown already over and over, that there is no likeness at all betwixt them. And Aristotle,
whom you name so often, if you had read him, would have taught you as much in the begin∣ning of his Politicks, where he says they judge amiss that think there is but little difference betwixt a King, and a Master of a Family: For that there is not a numerical, but a specifical Difference betwixt a Kingdom and a Family.
For when Villages grew to be Towns and Cities, that Regal Domestick Right vanished by degrees, and was no more owned. Hence Dio∣dorus
in his first Book says, That anciently King∣doms were transmitted not to the former King's Sons, but to those that had best deserved of the People. And Justine,
Originally, says he, the Go∣vernment of Nations, and of Countries, was by Kings, who were exalted to that height of Maje∣sty, not by popular Ambition, but for their Mo∣deration which commended them to good Men.
Whence it is manifest, that in the very beginning of Nations, that Fatherly and Hereditary Government gave way to vertue, and the peoples right. Which is the most natural reason and cause, and was the true rise of Kingly Government. For at first, men entred into Societies, not that any one might insult over all the rest, but that in case any should injure other, there might be Laws and Judges to protect them from wrong, or at least to punish the wrong doers. When men were at first dispers'd and scattered asunder, some wise and eloquent man perswaded them to enter into Civil Societies; that he himself,
say you, might exercise Dominion over them, when so united.Page 172
Perhaps you meant this of Nimrod,
who is said to have been the first Tyrant. Or else it proceeds from your own malice only, and certainly it cannot have been true of those great and generous spirited men, but is a fiction of your own, not warranted by any autho∣rity that I ever heard of. For all ancient Writers tell us, that those first Instituters of Communities of men, had a regard to the good and safety of Mankind only, and not to any private advantages of their own, or to make themselves great or powerful. One thing I cannot pass by, which I suppose you intended for an Emblem, to set off the rest of this Chapter: If a Consul,
say you, had been to be accused before his Magi∣stracy expired, there must have been a Dictator created for that purpose;
though you had said before, that for that very reason there were two of them.
Just so your Positions always agree with one another, and almost every Page declares how weak and frivolous whatever you say or write upon any subject, is. Under the ancient English-Saxon Kings,
you say, the people were never call∣ed to Parliaments.
If any of our own Country-men had asserted such a thing; I could easily have convin∣ced him that he was in an error. But I am not so much concerned at your mistaking our affairs, because y'are a Foreigner. This in effect is all you say of the Right of Kings in general. Many other things I omit, for you use many digressions, and put things down that either have no ground at all, or are no∣thing to the purpose, and my design is not to vye with you in impertinence.
IF you had published your own opinion, Salmasius, concerning the Right of Kings in general, without affronting any persons in particular, yet, notwithstan∣ding this alteration of affairs in England, as long as you did but use your own liberty in writing what your self thought fit, no English man could have had any cause to have been displeased with you, nor would you have made good the opinion you maintain, ever a whit the less. For if it be a positive command both of Moses and of Christ himself, That all men whatsoe∣ver, whether Spaniards, French, Italians, Germans, English or Scotch, should be subject to their Princes, be they good or bad, which you asserted (Page 127.) to what purpose was it for you, who are a foreigner and unknown to us, to be tampering with our Laws, and to read us Lectures out of them as out of your own Papers and Miscellanies, which, be they how they will, you have taught us already in a great many words, that they ought to give way to the Laws of God. But now it is apparent that you have underta∣ken the defence of this Royal Cause, not so much out of your own inclination, as partly because you were hired, and that at a good round price too, con∣sidering how things are with him, that set you on work; and partly, 'tis like, out of expectation of some greater reward hereafter, to publish a scandalous Li∣bel against the English, who are injurious to none of their Neighbours, and meddle with their own mat∣ters only. If there were no such thing as that in the case, is it credible that any man should be so impu∣dent or so mad, as though he be a stranger, and at a
great distance from us, yet of his own accord to in∣termeddle with our affairs, and side with a party? What, the Devil, is it to you what the English do a∣mongst themselves? What would you have, Pragma∣tical Puppy? what would ye be at? Have you no con∣cerns of your own at home? I wish you had the same concerns that that famous Olus, your fellow busie-bo∣sie body, in the Epigram had; and perhaps so you have; you deserve them I'm sure. Or did that Hot∣spur your Wife, who encouraged you to write what you have done, for out-law'd Charles his sake, pro∣mise you some profitable Professors place in England, and God knows what Gratifications at Charles his Re∣turn? But assure your selves, my Mistress and my Master, that England admits neither of Wolfes, nor Owners of Wolfes. So that it's no wonder you spit so much ve∣nom * at our English Mastiffs. It were better for you to return to those Illustrious Titles of yours in France, first to that hunger∣starved Lordship of yours at St. Lou; and in the next place to the Sacred Consistory of the most Christian King. Being a Coun∣sellor to the Prince, you are at too great a distance from your own Country. But I see full well that she neither de∣sires you, nor your Counsel; nor did it appear she did, when you were there a few years ago, and began to lick a Cardinal's Trencher; she's in the right, by my troth, and can very willingly suffer such a little fellow as you, that are but one half of a man, to run up and down with your Mistress of a Wife, and Desks full of Trifles and Fooleries, till you light some
where or other upon a Stipend, large enough for a Knight of the Grammar, or an Illustrious Critick on Horseback; if any Prince or State has a mind to hire a Vagabond Doctor that is to be sold at a good round Price. But here's one that will bid for you; whether you're a Merchantable Commodity or not, and what you are worth we shall see by and by. You say, The Parricides assert, that the Government of England is not meerly Kingly, but that it is a mixt Government. Sir Thomas Smith, a Country-man of ours in Edward the Sixth's days, a good Lawyer, and a Statesman, one whom you your self will not call a Parricide, in the beginning of a Book which he wrote of the Common∣wealth of England, asserts the same thing, and not of our Government only, but of almost all others in the world, and that out of Aristotle; and he says it is not possible that any Government should otherwise subsist. But as if you thought it a crime to say any thing, and not unsay it again, you repeat your former thread-bare Contradictions: You say, There neither is nor ever was any Nation that did not understand by the very name of a King, a person whose authority is inferior to God alone, and who is accountable to no other. And yet a little after you confess, that the name of a King was formerly given to such Powers and Magistrates, as had not a full and absolute right of themselves, but had a dependance upon the people, as the Suffetes among the Carthaginians, the Hebrew Judges, the Kings of the Lacedemonians, and of Arragon. Are you not very consistent with your self? Then you reckon up five several sorts of Monarchies out of Aristotle; in one of which only that Right obtain'd, which you say is common to all Kings. Concerning which I have said already more than once, that nei∣ther doth Aristotle give an instance of any such Mo∣narchy, nor was there ever any such in being; the
other four he clearly demonstrates that they were bounded by Establisht Laws, and the King's Power subject to those Laws. The first of which four was that of the Lacedemonians, which in his opinion did of all others best deserve the name of a Kingdom. The second was such as obtain'd among Barbarians, which was lasting, because regulated by Laws, and because the people willingly submitted to it; whereas by the same Author's opinion in his third Book, what King so ever retains the Soveraignty against the people's will, is no longer to be accounted a King, but a down∣right Tyrant; all which is true likewise of his third sort of Kings, which he calls Aesymnete, who were chosen by the people, and most commonly for a cer∣tain time only, and for some particular purposes, such as the Roman Dictators were. The fourth sort he makes of such as reigned in the Heroical days, upon whom for their extraordinary merits the people of their own ac∣cord conferr'd the Government, but yet bounded by Laws; nor could these retain the Soveraignty against the will of the people; nor do these four sorts of King∣ly Governments differ, he says, from Tyranny in any thing else, but only in that these Governments are with the good liking of the people; and That against their will. The fifth sort of Kingly Government, which he calls 〈 in non-Latin alphabet 〉, or absolute Monarchy, in which the Supreme Power resides in the King's person, which you pretend to be the right of all Kings, is utterly condemn'd by the Philosopher, as neither for the good of Mankind, nor consonant to Justice or Nature, un∣less some people should be content to live under such a Government, and withal confer it upon such as ex∣cel all others in vertue. These things any man may read in the third Book of his Politicks. But you, I believe, that once in your life you might appear witty
and florid, pleased your self with making a compari∣son betwixt these five sorts of Kingly Government, and the five Zones of the World; betwixt the two extremes of Kingly power, there are three more temperate Species interpo∣sed, as there lie three Zones betwixt the Torrid and the Frigid. Pretty Rogue! what ingenious comparisons he al∣ways makes us! May you be for ever banished, whi∣ther you your self condemn an absolute Kingdom to be, to wit, to the frigid Zone, which when you are there, will be doubly cold to what it was before. In the mean while we shall expect that new fashioned sphere which you describe, from you our modern Archime∣des, in which there shall be two extreme Zones, one Torrid, and the other Frigid, and three temperate ones lying betwixt. The Kings of the La∣cedaemonians, you say, might lawfully be Imprisoned, but it was not lawful to put them to Death. Why not? Because the Ministers of Justice, and some Foreign Soldiers, being surprised at the Novelty of the thing, thought it not lawful to lead Agis to his Execution, though condem'd to die? And the people of Lacede∣mon were displeased at his death, not because con∣demn'd to die, though a King, but because he was a good man and popular, and had been circumven∣ted by a faction of the great ones. Says Plutarch,
Agis was the first King that was put to death by the Ephori;
in which words he does not pretend to tell us what lawfully might be done, but what actually was done. For to imagin that such as may lawfully accuse a King, and imprison him, may not also lawfully put him to death, is a childish conceit. At last you betake your self to give an account of the Right of English
Kings. There never was,
you say, but one King in England.
This you say, because you had said before, that unless a King be sole in the Government, we cannot be a King.
Which if it be true, some of
them, who I had thought had been Kings of England,
were not really so; for to omit many of our Saxon
Kings, who had 〈◊〉
their Sons, or their Brothers Partners with them in the Government, it is known that King Henry
the Second of the Norman
Race, reign'd together with his Son. Let them show,
say you, a President of any Kingdom under the Government of a single person, who has not an absolute power; though in some Kingdoms more re∣miss, in others more intense.
Do you show any Power that's absolute,
and yet remiss,
you Ass; is not that power that's absolute, the Supreme Power of all? How can it then be both supreme and remiss? What∣soever Kings you shall acknowledg to be invested with a remiss (or a less) power, those I will easily make ap∣pear to have no absolute power; and consequently to be inferior to a People, free by nature, who is both its own Law given, and can make the Regal Power more or less intense or remiss; that is, greater or less. Whether the whole Island of Britain
was anci∣ently Governed by Kings, or no, is uncertain. It's most likely that the form of their Government changed according to the Exigencies of the times. Whence Tacitus
Britains anciently were under Kings; now the great man amongst them divide them into Parties and Factions.
When the Romans
left them, they were about forty years without Kings; they were not always therefore under a Kingly Govern∣ment, as you say they were; but when they were so, that the Kingdom was Hereditary, I positively deny; which that it was not, is evident both from the Series of their Kings, and their way of Creating them; for the consent of the people is asked in express words. When the King has taken 〈◊〉〈◊〉
Oath, the Archbishop stepping to 〈◊〉
side of the Stage erected for that purpose, asks
the people four several times, in these words, Do you consent to have this man to be your King?
Just as if he spoke to them in the Roman
Stile, Vultis, Jubetis hunc Regnare?
Is it your pleasure, do you appoint this man to Reign?
Which would be needless, if the Kingdom were by the Law hereditary: But with Kings, Usurpation passes very frequently for Law and Right. You go about to ground Charles
's Right to the Crown, who was so often conquered himself, upon the Right of Conquest. William,
surnamed the Conqueror,•
orsooth, subdued us. But they who are not strangers to our History, know full well, that the Strength of the English
Nation was not so broken in that one Fight at Hastings,
but that they might easily have renewed the War. But they chose rather to accept of a King, than to be under a Conqueror and a Tyrant: They swear therefore to William,
to be his Liege-men, and he swears to them at the Altar, to carry to them as a good King ought to do in all re∣spects. When he broke his word, and the English
be∣took themselves again to their Arms, being diffident of his strength, he renewed his Oath upon the Holy Evangelists, to observe the Ancient Laws of England.
And therefore, if after that he miserably oppressed the English,
(as you say he did) he did it not by Right of Conquest, but by Right of Perjury. Besides, it is cer∣tain, that many ages ago, the Conquerors and Con∣quered coalesced into one and the same people: So that that Right of Conquest, if any such ever were, must needs have been antiquated long ago. His own words at his death, which I give you out of a French Manuscript
written at Cane,
put all out of doubt: I appoint no man
(says he) to inherit the Kingdom of England.
By which words, both his pretended Right of Conquest, and the Hereditary Right, were
disclaim'd at his death, and buried together with him. I see now that you have gotten a place at Court, as I foretold you would; you are made the King's Chief Treasurer and Steward of his Court-Craft: And what follows, you seem to write ex Officio,
as by vir∣tue of your Office, Magnificent Sir. If any preceding
Kings, being thereunto compelled by Factions of Great Men, or Seditions amongst the Common People, have receded in some measure from their Right, that cannot prejudice the Successor; but that he is at liberty to resume it.
You say well; if therefore at any time our Ancestors have through neglect lost any thing that was their Right, why should that prejudice us their Posterity? If they would promise for themselves to become Slaves, they could make no such promise for us; who shall al∣ways retain the same Right of delivering our selves out of Slavery, that they had of enslaving themselves to any whomsoever. You wonder how it comes to pass that a King of Great Britain
must now-adays be looked upon as one of the Magistrates of the King∣dom only; whereas in all other Kingly Governments in Christendom,
Kings are invested with a Free and Absolute Authority. For the Scots,
I remit you to Buchanan:
your own Native Countrey, to which you seem to be a stranger, to Hottoman's Franco Gallia,
Historian; for the rest, to other Authors, of whom none that I know of, were Independents:
Out of whom you might have learned a quite other lesson concerning the Right of Kings, than what you teach. Not being able to prove that a Tyrannical Power belongs to the Kings of England
by Right of Conquest, you try now to do it by Right of Perjury. Kings profess themselves to Reign By the Grace of God:
What if they had professed themselves to be gods? I believe
if they had, you might easily have been brought to become one of their Priests. So the Archbishops of Canterbury
pretended to Archbishop it by Divine Pro∣vidence.
Are you such a fool, as to deny the Pope's being a King in the Church, that you may make the King greater than a Pope in the State? But in the Statutes of the Realm the King is called our Lord.
You are become of a sudden a wonderful Nomenclator
of our Statutes: But you know not that many are called Lords and Masters, who are not really so: You know not how unreasonable a thing it is to judge of Truth and Right by Titles of Honour, not to say of Flattery. Make the same Inference, if you will, from the Parliament's being called the King's Parlia∣ment;
for it is called the King's Bridle too; or a Bri∣dle to the King; and therefore the King is no more Lord or Master of his Parliament, than a Horse is of his Bridle. But why not the King's Parliament, since the King summons them?
I'le tell you why; be∣cause the Consuls used to indict a Meeting of the Se∣nate, yet were they not Lords over that Council. When the King therefore summons or calls together a Parliament, he does it by vertue and in discharge of that Office, which he has received from the peo∣ple, that he may advise with them about the weighty affairs of the Kingdom, not his own particular Af∣fairs: Or when at any time the Parliament debated of the King's own Affairs, if any could properly be called his own, they were always the last things they did; and it was in their choice when to debate of them, and whether at all or no, and depended not upon the King's Pleasure: And they whom it con∣cerns to know this, know very well, That Parlia∣ments anciently, whether summoned or not, might by Law meet twice a Year: But the Laws are called
too, The King's Laws.
These are flattering ascriptions; a King of England
can of himself make no Law: For he was not constituted to make Laws, but to see those Laws kept, which the People made. And you your self here confess, That Parliaments Meet to make Laws:
Wherefore the Law is also called the Law of the Land, and the Peoples Law. Whence King Ethelstane
in the Preface to his Laws, speaking to all the People, I have granted you every thing,
says he, by your own Law.
And in the form of the Oath, which the Kings of Eng∣land
used to take before they were made Kings, The People stipulate with them thus; Will you grant those Just Laws, which the People shall chuse?
The King An∣swers, I will.
And you are infinitely mistaken in saying, That When there is no Parliament sitting, the King Governs the whole state of the Kingdom, to all intents and purposes, by a Regal Power.
For he can determine nothing of any moment, with respect to either Peace or War; nor can he put any stop to the Proceedings of the Courts of Justice. And the Judges there∣fore Swear, That they will do nothing Judicially, but according to Law, tho the King by Word, or M•…
te, or Letters under his own Seal, should command the contrary. Hence it is that the King is often said in our Law to be an Infant;
and to possess his Rights and Dignities, as a Child or a Ward does his: See the Mirror, cap. 4. Sect.
22. And hence is that common saying amongst us, That the King can do no wrong:
Which you, like a Raseal, interpret thus, Whatever the King does, is no Injury, because be is not •…∣ble to be punished for it.
By this very Comment, if there were nothing else, the wonderful Impudence and Villany of this fellow, discovers it self suffici∣antly: It belongs to the H•ad,
you say, to command, and 〈◊〉 to the Members: The King is the Head of the Parlia∣ment.Page 183
You would not trifle thus, if you had any guts in your brains. You are mistaken again (but there's no end of your mistakes) in not distinguishing the King's Counsellors from the States of the Realm For neither ought he to make choice of all of them, nor of any of these, which the r•
st do not approve of; but for electing any Member of the House of Com∣mons, he never so much as pretended to it. Whom the people appointed to that Service, they were se∣verally chosen by the Votes of all the people in their respective Cities, Towns, and Counties. I speak now of things universally known, and therefore I am the shorter. But you say, 'Tis •al•e that the Parlia∣ment was instituted by the people, as the Worshippers of Saint Independency assert.
Now I see why you took so much pains in endeavour••
g to subvert the Pa••
cy; you carry another Pope in your belly, as we say. For what else should you be in labour of, the Wi•
e of a Woman, a He-Wolf, impregnated by a She-Wolf, but either a Monster, or some new sort of P•…
cy? You now make He-Saints, and She-Saints at your pleasure, as if you were a true genuine Pope. You absolve Kings of all their sins; and as if you had ut∣terly vanquish'd and subdu'd your Antagonist the Pope, you adorn your self with his spoils. But because you have not yet profligated the Pope quite, till the Second and Third, and perhaps the Fourth and Fifth Part of your Book of his Supremacy come out, which Book will nauseate a great many Readers to death, sooner than you'll get the better of the Pope by it; let it suffice you in the mean time, 〈◊〉
you, to become some Antipope or other: There's another She-Saint, besides that Independency that you de•
ide, which you have Canonized in good earnest; and that is, the Tyranny of Kings: You shall therefore by
my consent be the High Priest of Tyranny; and that you may have all the Pope's Titles, you shall be a Servant of the Servants,
not of God, but of the Court. For that Curse pronounced upon Canaan,
seems to stick as close to you, as your Shirt. You call the People, a Beast.
What are you then your self? For neither can that Sacred Confistory, nor your Lord∣ship of St. Lou,
exempt you its Master from being one of the People, nay, of the Common People; nor can make you other than what you really are, a most loathsome Beast. Indeed, the Writings of the Prophets shadow out to us the Monarchy and Domi∣nion of Great Kings by the Name, and under the Resemblance of a Great Beast. You say, That there is no mention of Parliaments held under our Kings, that reigned before
William the Conqueror.
It is not worth while to Jangle about a French
word: The thing was always in being; and you your self allow that in the Saxon
times, Concilia Sapientum Wittena-gemots,
are mentioned. And there are wise Men among the Body of the People, as well as amongst the Nobility. But in the Statute of
Merton made in the twentieth year of King
Henry the 3d, the Earls and Barons are only named.
Thus you are always imposed upon by words, who yet have spent your whole Life in nothing else but words; for we know very well that in that age, not only the Guardians of the Cinque-Ports, and Magi∣strates of Cities, but even Tradesmen are sometimes called Barons; and without doubt they might much more reasonably call every Member of Parliament, tho never so much a Commoner, by the Name of a Baron. For that in the fifty second Year of the same King's Reign, the Commoners as well as the Lords were summoned, the Statute of Marlbridge,
and most other Statutes, declare in express words, which
Commoners King Edward the Third,
in the Preface to the Statute-Staple, calls, Magnates Comitatum; The Great Men of the Counties,
as you very learnedly quote it for me; those to wit, That came out of the several Counties, and served for them;
which number of Men constituted the House of Commons, and neither were Lords, nor could be. Besides, a Book more Ancient than those Statutes, called, Modus habendi Parliamenta,
i. e. The manner of holding Parliaments;
tells us, That the King, and the Commons may hold a Parliament, and enact Laws, tho the Lords, the Bishops are absent; but that with the Lords, and the Bishops, in the Absence of the Commons, no Parliament can be held. And there's a reason given for it, viz.
because Kings held Parliaments and Councils with their People before any Lords or Bishops were made; besides, the Lords serve for themselves only, the Commons each for the County, City, or Burrough that sent them. And that there∣fore the Commons in Parliament represent the whole Body of the Nation; in which respect they are more worthy, and every way preferable to the House of Peers. But the power of Judicature,
you say, never was invested in the House of Commons.
Nor was the King ever possessed of it: Remember tho, that ori∣ginally all Power proceeded, and yet does proceed from the People. Which Marcus Tullius,
excellently well shows in his Oration, De lege Agraria, Of the
As all Powers, Authorities, and publick Administrations ought to be derived from the whole Body of the People; so those of them ought in an especial manner so to be derived, which are ordained and appointed for the Common Benefit and Interest of all; to which Impolyments every particular Person, may both give his Vote for the
chusing such Persons, as he thinks will take most care of the Publick, and withal by voting and making Interest for them, lay such Obligations up∣on them, as may entitle them to their Friendship, and good Offices in time to come.
Here you see the true rise and original of Parliaments, and that it was much ancienter than the Saxon
Chronicles. Whilst we may dwell in such a light of Truth and Wis∣dom, as Cicero
's Age afforded, you labour in vain to blind us with the darkness of obseurer times. By the saying whereof, I would not be understood to derogate in the least from the Authority and Pru∣den•
e of our Ancestors, who most certainly went further in the enacting of good Laws, than either the Ages they lived in, or their own Learning or Education seem to have been capable of; and tho sometimes they made Laws that were none of the best, yet as being conscious to themselves of the Ig∣norance•
and Infirmity of Humane Nature, they have conveyed this Doctrine down to Posterity, as the foundation of all Laws, which likewise all our Law∣yers admit, That if any Law, or Custom, be contra∣ry to the Law of God, of Nature, or of Reason, ••
ought to be looked upon as null and void. Whence it follows, that tho it were possible for you to disco∣ver any Statute, or other publick Sanction, which ascribed to the King a Tyrannical Power, since that would be repugnant to the Will of God, to Nature, and to right Reason, you may learn from that ge∣neral and primary Law of ours, which I have just now quoted, that it will be null and void. But you will never be able to find that any such Right of Kings has the least Foundation in our Law. Since it is plain therefore, that the Power of Judica∣ture was originally in the People themselves, and
that the People never did by any Royal Law part with it to the King, (for the Kings of England
neither use to judge any Man, nor can by the Law do it, otherwise than according to Laws settled and agreed to: Fleta, Book 1. Cap.
17.) It follows, that this Power remains yet whole and entire in the People them∣selves. For that it was either never committed to the House of Peers, or if it were, that it may lawfully be taken from them again, you your self will not deny. But, It is in the King's Power,
you say, to make a Vil∣lage into a Burrough, and that into a City; and consequent∣ly, the King does in effect create those that constitute the Commons House of Parliament.
But, I say, that even Towns and Burroughs are more Ancient than Kings; and that the People is the People, tho they should live in the open Fields. And now we are extreamly well pleased with your Anglicisms, COUNTY COURT, THE TURNE, HUNDREDA:
you have quickly learnt to count your hundred Jacobusses
Quis expedirit Salmasio suam HUNDREDAM?
Picamque docuit verba nostra conari?
Magister artis venter, & Jacobaei
Centum, exulantis viscera marsupii Regis.
Quod si dol•si spes refulserit nummi,
Ipse Antichristi modò qui Primatum Papae
Minatus uno est dissipare sufflatu,
Cantabit ultrò Cardmalitium melos.
Who taught Salmasius that French chatt'ring Pye,
To aim at English and HUNDRED A cry?
The starving Rascal, flusht with just a Hundred
English Jacobusses, HUNDRED A blunder'd.
An out-law'd King's last stock.—A hundred more,
Would make him Pimp for th' Anchristian Whore;
And in Rome's praise employ his poyson'd Breath,
Who threatn'd once to stink the Pope to death.
The next thing you do is to trouble us with a long Discourse of the Earls and the Barons, to show that the King made them all; which we readily grant, and for that reason they were most commonly at the King's beck; and therefore we have done well to take care, that for the future they shall not be Judges of a free People? You affirm, That the Power of calling Parliaments as often as he pleases, and of dissolving them when he pleases, has belonged to the King time out of mind. Whether such a vile, mercenary Foreigner as you, who transcribe what some Fugitives dictate to you, or the express Letter of our own Laws are more to be credited in this matter, we shall enquire hereafter. But, say you, there is another argument, and an in∣vincible one, to prove the Power of the Kings of England Superior to that of the Parliament; the King's Power is perpetual and of course, whereby he administers the Go∣vernment singly without the Parliament; that of the Par∣liament is extraordinary, or out of course, and limited to particulars only, nor can they Enact any thing so as to be binding in Law, without the King. Where does the great force of this argument lye? in the words of course and perpetual? Why many inferior Magistrates have an ordinary and perpetual power, those whom we call Justices of Peace. Have they therefore the Supreme Power? and I have said already, that the King's Power is committed to him, to take care, by interposing his Authority, that nothing be done con∣trary to Law, and that he may see to the due obser∣vation of our Laws, not to top his own upon us;
and consequently that the King has no Power out of his Courts; nay all the ordinary power is rather the proples, who determine all Controversies themselves by Juries of Twelve Men. And hence it is that when a Malefactor is asked at his Arraignment, How will you be tried? he answers always according to Law and Custom, by God and my Country; not by God and the King, or the King's Deputy. But the authority of the Parliament, which indeed and in truth is the Supreme power of the people committed to that Senate, if it may be called Extraordinary, it must be by reason of its Eminence and Superiority; else it is known they are called Ordines, and therefore cannot properly be said to be extra ordinem, out of order; and if not actually, as they say, yet vertu∣ally they have a perpetual power and authority over all Courts and ordinary Magistrates, and that with∣out the King. And now it seems our barbarous terms grate upon your Critical ears, forsooth! where∣as, if I had leisure, or that it were worth my while, I could reckon up so many Barbarisms of yours in this one Book, as if you were to be chastiz'd for them as you deserve, all the School-boys Ferulers in Christendom would be broken upon you; nor would you receive so many Pieces of Gold as that wretched Poet did of old, but a great many more Boxes o'th' ear. You say, 'Tis a Prodigy more monstrous than all the most absurd Opinions in the world put together, that the Bedlams should make a distinction betwixt the King's Power and his Person. I will not quote what every Author has said upon this subject; but if by the words Personam Regis, you mean what we call in English, the Person of the King; Chrysostome, who was no Bedlam, might have caught you, that it is no absurd thing to make a distinction betwixt that
and his power; for that Father explains the Apo∣stles command of being subject to the Higher Pow∣ers, to be meant of the thing, the Power it self, and not of the Persons of the Magistrates. And why may not I say that a King, who acts any thing contrary to Law, acts so far forth as a private person, or a Tyrant, and not in the capacity of a King invested with a Legal Authority? If you do not know that there may be in one and the same man more Persons or Capacities than one, and that those Capacities may in thought and conception be severed from the man himself, you are altogether ignorant both of Latin and Common sense. But this you say to ab∣solve Kings from all sin and guilt; and that you may make us believe that you are gotten into the Chair vo•r self, which you have pull'd the Pope out of: The King, you say, is supposed not capable of commit∣ting any crime, because no punishment is consequential up∣on any crime of his. Whoever therefore is not pu∣nisht, offends not; it is not the theft, but the pu∣nishment that makes the thief. Salmasius the Gram∣marian commits no Soloecisms now, because he is from under the Ferular; when you have overthrown the Pope, let these, for God's sake, be the Canons of your Pontificate, or at least your Indulgences, whether you shall chuse to be called the High Priest St. •yranny, or of St. Slavery I pass by the Reproach∣ful language which towards the latter end of the Chapter you give the State of the Commonwealth, and the Church of England; 'tis common to such as you are, you contemptible Varlet, to rail at those things most, that are most praise-worthy. But that I may not seem to have asserted any thing rashly con∣cerning the Right of the Kings of England, or rather concerning the Peoples Right with respect to their
Princes; I will now alledg out of our ancient Histo∣ries a few things indeed of many, but such as will make it evident that the English lately tried their King according to the setled Laws of the Realm, and the Customs of their Ancestors. After the Ro∣mans quitted this Island, the Britains for about forty years were sui Juris, and without any Kings at all. Of whom those they first set up, some they put to death. And for that, Gildas reprehends them, not as you do, for killing their Kings, but for killing them uncondemned, and (to use his own words) Non pro veri examinatione, without inquiring into the mat∣ter of fact. Vortigerne was for his Incestuous Mar∣riage with his own Daughter, condemn'd, as Nenni∣us informs us, the most ancient of all our Historians next to Gildas, by St. German, and a General Coun∣cil of the Britains, and his Son Vortimer set up in his stead. This came to pass not long after St. Augustine's death, which is enough to discover how •utilous you are, to say, as you have done, that it was a Pope, and Zachary by name, who first held the lawfulness of judging Kings. About the year of our Lord 600, Morcantius, who then Reign'd in Wales, was by Ou∣deceus Bishop of Landaff, condemn'd to Exile, for the Murther of his Uncle, though he got the Sen∣tence off by bestowing some Lands upon the Church. Come we now to the Saxons, whose Laws we have, and therefore I shall quote none of their Presidents. Remember that the Saxons were of a German Ex∣tract, who neither invested their Kings with any absolute, unlimited power, and consulted in a Bo∣dy of the more weighty affairs of Government; whence we may perceive that in the time of our Saxon Ancestors Parliaments (the name it self only excepted) had the Supreme Authority. The name
they gave them, was Councils of Wise-men; and this in the Reign of Ethelbert, of whom Bede says, That he made Laws in imitation of the Roman Laws, cum con∣cilio sapientum; by the advice, or in a Council of his Wise-men. So Edwyn, King of Northumberland, and Ina King of the VVest-Saxons, having consulted with their VVise-men, and the Elders of the people, made new Laws. Other Laws K. Alfred made, by the advice in like manner of his Wise-men, and he says himself, That it was by the consent of them all, that they were commanded to be observed. From these and many other like places, it is as clear as the Sun, that chosen Men even from amongst the Common People, were Members of the Supreme Councils, unless we must believe that no Men are wise, but the Nobility. We have likewise a very Ancient Book, called the Mirror of Justices, in which we are told, That the Saxons, when they first sub∣dued the Brittains, and chose themselves Kings, re∣quired an Oath of them, to submit to the Judgment of the Law, as much as any of their Subjects, Cap. 1. Sect. 2. In the same place 'tis said, that it is but just that the King have his Peers in Parliament, to take Cognizance of wrongs done by the King, or the Queen; and that there was a Law made in King Alored's time, that Parliaments should be holden twice a year at London, or oftner, if need were. Which Law, when through neglect it grew into disuse, was revived by two Statutes in King Edward the Third's time. And in another ancient Manuscript, called Modus tenendi Parliamenta, we read thus,
If the King dissolve the Parliament before they have dis∣patcht the business, for which the Council was sum∣mon'd, he is guilty of Perjury; and shall be reputed to have broken his Coronation Oath.
For how can he be said to grant those good Laws, which the people
chuse, as he is sworn to do, if he hinders the People from chusing them, either by summoning Parliaments seldomer, or by dissolving them sooner than the Publick Affairs require, or admit. And that Oath, which the Kings of England
take at their Coronation, has al∣ways been looked upon by our Lawyers, as a most sacred Law. And what remedy can be found to ob∣viate the great Dangers of the whole State (which is the very end of summoning Parliaments) if that Great and August Assembly may be dissolved at the pleasure many times of a silly, head-strong King? To absent himself from them, is certainly less than to dissolve them; and yet by our Laws, as that Modus
lays them down, the King neither can, nor ought to absent himself from his Parliament, unless he be really indisposed in Health; nor then neither, till twelve of the Peers have been with him to in∣spect his Body, and give the Parliament an account of his Indisposition: Is this like the Carriage of Ser∣vants to a Master? On the other hand, the House of Commons, without whom there can be no Parlia∣ment held, tho summoned by the King, may with∣draw, and having made a Secession, expostulate with the King concerning Male-administration, as the same Book has it. But, which is the greatest thing of all, amongst the Laws of King Edward,
commonly called the Confessor,
there is one very excellent, relating to the Kingly Office; which Office, if the King do not discharge as he ought; Then, says the Law, He shall not retain so much as the Name of a King.
And lest these words should not be sufficiently understood, the Example of Chilperic
King of France
is subjoyn'd, whom the People for that Cause deposed. And that by this Law a wicked King is liable to Punish∣ment, that Sword of King Edward,
called Curtana,Page 194
denotes to us, which the Earl of Chester
used to car∣ry in the Solemn Procession at a Coronation; A to∣ken,
says Mathew Paris, that he has Authority by Law to punish the King, if he will not do his Duty:
and the Sword is hardly ever made use of but in Capital Pu∣nishments. This same Law, together with other Laws of that good King Edward
the Conqueror ratifie in the Fourth Year of his Reign, and in a very full Council held at Verulam,
con∣firm'd it with a most solemn Oath: And by so do∣ing, he not only extinguish'd his Right of Conquest, if he ever had any over us, but subjected himself to be judged according to the Tenor of this very Law. And his Son Henry
swore to the observance of King Edward
's Laws, and of this amongst the rest; and upon these only terms it was, that he was chosen King, whilst his Elder Brother Robert
was alive. The same Oath was taken by all succeeding Kings, before they were Crowned. Hence our Ancient and Famous Lawyer Bracton,
in his first Book, Chap. 8. There is no King in the case,
says he, where Will rules 〈◊〉〈◊〉; and Law does not take place.
And in his Third Book, Chap. 9. A King is a King so long as he Rules well; he becomes a Tyrant when he oppresses the People committed to his Charge.
And in the same Chap∣ter, The King ought to use the Power of Law and Right, as God's Minister and Vice-gerent; the Power of wrong is the Devils, and not Gods; when the King turns aside to do Injustice, he is the Minister of the Devil.
The very same words almost another Ancient Lawyer has, who was the Author of the Book, called Fleta;
both of them remembred that truly Royal Law of King Ed∣ward,
that Fundamental Maxim in our Law, which I have formerly mentioned, by which nothing is to be accounted a Law, that is contrary to the Laws of
God, or of Reason; no more than a Tyrant can be said to be a King, or a Minister of the Devil, a Minister of God. Since therefore the Law is chiefly right Reason; if we are bound to obey a King, and a Minister of God; by the very same Reason, and the very same Law, we ought to resist a Tyrant, and a Minister of the Devil. And because Controversies arise oftner about Names than Things; the same Authors tell us, that a King of England,
tho he have not lost the Name of a King, yet is as liable to be judged, and ought so to be, as any of the Common People. Bracton,
Book 1. Chap. 8. Fleta,
Book 1. Chap. 17. No Man ought to be greater than the King in the Ad∣ministration of Justice; but he himself ought to be as lit∣tle as the least in receiving Justice,
si peccat, if he of∣fend.
Others read it, si petat.
Since our Kings therefore are liable to be judged, whether by the Name of Tyrants, or of Kings, it must not be difficult to assign their Legal Judges. Nor will it be amiss to consult the same Authors upon that point. Bracton,
Book 1. Chap. 16. Fleta,
Book 1. Chap. 17. The King has his Superiors in the Govern∣ment; The Law, by which he is made King, and his Court, to wit, the Earls, and the Barons:
Comites (Earls) are as much as to say, Companions; and he that has a Companion, has a Master; and there∣fore, if the King will be without a Bridle, that is, not govern by Law, they ought to bridle him.
That the Commons are comprehended in the word Ba∣rons, has been shown already; nay, and in the Books of our Ancient Laws they are fre¦quently said to have been called Peers of Parlia¦ment; and especially in the Modus tenendi,
Page 196There shall be chosen
(says that Book) out of all the Peers of the Realm, Five and twenty Persons, of whom five shall be Knight, five Citizens, and five Bur∣g•ss•s; and two Knights of a County, have a greater Vote in granting and rejecting than the greatest Earl in
England. And it is but reasonable they should, for they Vote for a whole County, &c.
the Earls for themselves only. And who can but perceive that those Patent Earls,
whom you call Earls made by Writ
(since we have now none that hold their Earldoms by Tenure) are very unfit Persons to try the King, who conferr'd their Honours upon them? Since therefore by our Law, as appears by that old Book, call'd The Mirror,
the King has his Peers, who in Parliament have Cognizance of wrongs done by the King to any of his People; and since it is notoriously known, that the mean∣est Man in the Kingdom may even in inferior Courts have the benefit of the Law against the King himself in Case of any Injury, or Wrong sustained; how much more Consonant to Justice, how much more necessary is it, that in case the King oppress all his People, there should be such as have Authority not only to restrain him, and keep him within Bounds, but to Judge and Pu∣nish him? For that Government must needs be very ill, and most ridiculously constituted, in which remedy is provided in case of little Inju∣ries done by the Prince to private Persons, and no Remedy, no Redress for greater, no care ta∣ken for the safety of the whole; no Provision made to the contrary, but that the King may without any Law ruin all his Subjects, when at the same time he cannot by Law, so much as
hurt any one of them. And since I have shown that it is neither good manners, nor expedient, that the Lords should be the Kings Judges; it follows, that the Power of Judicature in that case, does wholly, and by very good Right, belong to the Commons, who are both Peers of the Realm, and Barons, and have the Power and Authority of all the People committed to them. For since (as we find it expresly in our written Law, which I have already cited) the Commons toge∣ther with the King, make a good Parliament without either Lords or Bishops, because before either Lords or Bishops had a being, Kings held Parliaments with their Commons only; by the very same reason the Commons apart must have the Sovereign Power without the King, and a Power of Judging the King himself, because be∣fore there ever was a King, they in the Name of the whole Body of the Nation held Councils and Parliaments, had the Power of Judicature, made Laws, and made the Kings themselves; not to Lord it over the People, but to Admi∣nister their publick Affairs. Whom if the King, instead of so doing shall endeavour to injure and oppress, our Law pronounces him from time for∣ward not so much as to retain the Name of a King, to be no such thing as a King; and if he be no King, what need we trouble our selves to find out Peers for him? For being then by all good Men adjudged to be a Tyrant, there are none but who are Peers good enough for him, and proper enough to pronounce Sentence of Death upon him judicially. These things be∣ing so, I think I have sufficiently proved what
I undertook, by many Authorities, and written Laws; to wit, that since the Commons have Au∣thority by very good Right to try the King, and since they have actually tried him, and put him to Death, for the mischief he had done both in Church and State, and without all hope of amendment, they have done nothing therein but what was just and regular, for the Interest of the State, in discharging of their Trust, becom∣ing their Dignity, and according to the Laws of the Land. And I cannot upon this occasion, but congratulate my self with the Honour of having had such Ancestors, who founded this Government with no less prudence, and in as much Liberty as the most worthy of the Ancient Romans
ever sounded any of theirs; and they must needs, if they have any knowledg of our Affairs, rejoyce over their Posterity, who when they were almost reduced to Slavery, yet with so much Wis∣dom and Courage 〈◊〉
and asserted the State, which they so wisely sounded upon so much Liberty, from the unruly Government of a King.
I Think by this time 'tis sufficiently evident that Kings of England may be judged even by the Laws of En∣gland; and that they have their proper Judges; which was the thing to be proved. What do you do farther? (for whereas you repeat many things that you have said before I do not intend to repeat the answers that I have given them), 'Tis an easie thing to demonstrate even from the nature of the things for which Parliaments are summon'd, that the King is above the Par∣liament. The Parliament, you say, is wont to be assembled upon weighty affairs, such as wherein the safety of the King∣dom and of the people, is concerned. If therefore the King call Parliaments together, not for his own concerns, but those of the Nation, nor to settle those neither, but by their own consent, at their own discretion, what is he more than a Minister, and as it were an agent for the people? since without their Suffrages that are chosen by the people, he cannot E•… the least thing whatsoever, either with relation to him∣self, or any body else? Which proves likewise that 'tis the King's duty to call Parliaments whenever the people desire it; since the peoples and not the King's concerns are to be treated of that Assembly, and to be ordered as they see cause. For although the King's assent be required for fashion sake, which in lesser matters, that concerned the welfare of pri∣vate persons only, he might refuse, and use that form, the King will advise; yet in those greater affairs that concern'd the publick safety, and liberty of the people in general, he had no Negative voice; for it would have been against his Coronation Oath to deny
his assent in such cases, which was as binding to him as any Law could be, and against the chief article of Magna Charta, Cap. 29.
We will not deny to any man, nor will we delay to render to every man Right and Justice.
Shall it not be in the King's power to deny Justice, and shall it be in his power to deny the Enacting of Just Laws? Could he not deny Justice to any particular person, and could he to all his people? Could he not do it in inferior Courts, and could he in the Supreme Court of all? Or, can any King be so arrogant as to pretend to know what's just and profitable better than the whole body of the people? Especially, since
he is created and chosen for this very end and purpose, to do Justice to all, as Braction says, Lib. 3. Cap. 9. that is to do Justice according to such Laws, as the people agree upon.
Hence is what we find in our Records, 7 H
4. Rott. Parl. num.
The King has no Prerogative that derogates from Justice and Equity.
And for∣merly when Kings have refused to confirm Acts of Parliament, to wit, Magna Charta,
and some others, our Ancestors have brought them to it by force of Arms. And yet our Lawyers never were of opinion that those Laws were less valid, or less binding, since the King was forced to assent to no more than what he ought in Justice to have assented to voluntarily, and without constraint. Whilest you go about to prove that Kings of other Nations have been as much under the power of their Senates or Counsels, as our Kings were, you do not argue us into Slavery, but them into Liberty. In which you do but that over again, that you have from the very beginning of your Discourse, and which some silly Leguleians now and then do, to argue unawares against their own Clients. But you say, VVe confess that the King where∣ever
he be, yet is supposed still to be present in his Parlia∣ment by vertue of his power; insomuch that whatever is transacted there, is supposed to be done by the King him∣self;
and then as if you had got some petty bribe or small morsel, and tickled with the remembrance of your Purse of Gold, We take,
say you, what they give us;
and take a Halter then, for I'm sure you deserve it. But we do not give it for granted, which is the thing you thought would follow from thence, That therefore that Court acts only by vertue of a Delegated Power from the King.
For when we say that the Regal Power, be it what it will, cannot be absent from the Parliament, do we thereby acknowledg that Power to be Supreme? does not the King's Authority seem rather to be transferred to the Parliament, and, as being the lesser of the two, to be comprised in the greater? Certainly if the Parliament may res•
ind the King's Acts, whether he will or no, and revoke Priviledges granted by him, to whomsoever they be granted. If they may set bounds to his Prerogative, as they see cause, if they may regulate his yearly Revenue, and the Expences of his Court, his Retinue, and gene∣rally all the concerns of his Houshold; If they may remove his most intimate Friends and Counsellors, and as it were pluck them out of his bosom, and bring them to condign punishment: Finally, if any Subject may by Law appeal from the King to the Par∣liament, all which things, that they may lawfully be done, and have been frequently practised, both our Histories and Records, and the most eminent of our Lawyers assure us, I suppose no man in his right wits will deny the Authority of the Parliament to be superiour to that of the King. For even in an Inter∣regnum
the Authority of the Parliament is in being, and (than which nothing is more common in our Hi∣stories)
they have often made a free Choice of a Suc∣cessor, without any regard to an Hereditary descent. In short, the Parliament is the Supreme Councel of the Nation, constituted and appointed by a most free people, and armed with ample power and authority, for this end and purpose; viz.
to consult together up∣on the most weighty affairs of the Kingdom; the King was created to put their Laws in execution. Which thing after the Parliament themselves had de∣clared in a publick Edict (for such is the Justice of their Proceedings, that of their own accord they have been willing to give an account of their actions to other Nations) is it not prodigious, that such a piti∣ful fellow as you are, a man of no authority, of no credit, of no estate in the world, a meer Burgundian〈◊〉
, should have the imprudence to accuse the Par∣liament of England,
asserting by a publick Instrument their own and their Countries Right, of a detestable and ••rrid Imposture.
Your Country may be a∣•…
amed, you Rascall, to have brought forth a little inconsiderable fellow of such profligate impudence. But perhaps you have somewhat to tell us that may be for our good: Go on we'l hear you. VVhat Laws,
say you, can a Parliament Enact, in which the Bishops are 〈◊〉 present?
Did you then, ye madman, expell the Order of Bishops out of the Church to introduce them into the State? O wicked wretch, who ought to be delivered over to Satan, whom the Church ought to forbid her Communion, as being a Hy∣pocrite, and an Atheist, and no Civil Society of men to acknowledg as a member, being a publick enemy, and a Plague-sore to the common liberty of Mankind; who, where the Gospel fails you, endea∣vour to prove out of Aristetle, Halicarnassaeus,
and then from some Popish Authorities of the most cor∣rupt
ages, that the King of England
is the head of the Church of England,
to the end that you may, as far as in you lies, bring in the Bishops again, his Inti∣mates and Table-Companions, grown so of late, to rob and Tyrannize in the Church of God, whom God himself hath deposed and degraded, whose very Or∣der you had heretofore asserted in Print that it ought to be rooted out of the world, as destructive of and pernicious to the Christian Religion. What Apostate did ever so shamefully and wickedly desert as this man has done, I do not say his own, which indeed never was any, but the Christian Doctrine which he had formerly asserted? The Bishops being put down, who un∣der the King, and by his permission held Plea of Ecclesiasti∣cal Causes, upon whom,
say you, will that Jurisdiction devolve?
O Villain, have some regard at least to your own Conscience; Remember before it be too late, if at least this admonition of mine come not too late, re∣member that this mocking the Holy Spirit of God is an inexpiable crime, and will not be left unpunisht. Stop at last, and set bounds to your fury, lest the wrath of God lay hold upon you suddenly, for endea∣vouring to deliver the flock of God, his Anointed ones, that are not to be touched, to Enemies and cruel Ty∣rants, to be crusht and trampled on again, from whom himself by a high and stretched out arm had so lately delivered them; and from whom you your self maintained that they ought to be delivered, I know not whether for any good of theirs, or in order to the hardning of your own heart, and to fur∣ther your own damnation. If the Bishops have no right to Lord it over the Church, certainly much less have Kings, whatever the Laws of men may be to the contrary. For they that know any thing of the Gospel know thus much, that the Govern∣ment
of the Church is altogether Divine and Spiri∣tual, and no Civil Constitution. Whereas you say, That in Secular Affairs, the Kings of
England have al∣ways had the Sovereign Power.
Our Laws do a∣bundantly declare that to be false. Our Courts of Justice are erected and suppressed, not by the King's Authority, but that of the Parliament; and yet in any of them, the meanest Subject might go to Law with the Ring; nor is it a rare thing for the Judges to give Judgment against him; which if the King should endeavour to obstruct by any Prohi∣bition, Mandate, or Letters, the Judges were bound by Law, and by their Oaths not to obey him, but to reject such Inhibitions as null and void in Law; the King could not imprison any man, or seize his E∣state as forfeited; he could not punish any man, not summoned to appear in Court, where not the King but the ordinary Judges gave Sentence; which they frequently did, as I have said, against the King. Hence our Bractan,
lib. 3. cap. 9. The Regal Power,
says he, is according to Law; he has no power to do any wrong, nor can the King do any thing but what the Law warrants.
Those Lawyers that you have consulted, men that have lately fled their Countrey, may tell you another tale, and acquaint you with some Sta∣tutes, not very Ancient neither, but made in King Edward
4th's, King Henry 6th
's, and King Edward 6th
's days; but they did not consider, That what power soever those Statutes gave the King, was con∣ferred upon him by Authority of Parliament; so that he was beholding to them for it; and the same power that conferr'd it, might at pleasure resume it. How comes it to pass that so acute a disputant as you, should suffer your self to be imposed upon to that degree, as to make use of that very Argument to
prove the King's Power to be Absolute and Supreme, than which nothing proves more clearly, That it is subordinate to that of the Parliament? Our Records of the greatest Authority with us, declare, That our Kings owe all their Power, not to any Right of In∣heritance, of Conquest, or Succession, but to the people. So in the Parliament Rolls of King Hen. 4. numb.
108. we read, That the Kingly Office and Power was granted by the Commons to King Henry
and before him, to his Predecessor King Richard
just as Kings use to grant Commis∣sioners places, and Lieutenantships to their Deputies, by Edicts and Patents. Thus the House of Com∣mons ordered expresly to be entred upon record,
That they had granted to King Richard to use the same good Liberty that the Kings of England before him had used:
Which because that King abused to the subversion of the Laws, and contrary to his Oath at his Coronation,
the same persons that granted him that power, took it back again, and deposed him. The same men, as appears by the same Record, declared in open Parliament, That having confidence in the
Prudence and Moderation of King Henry the 4th. they will and enact, That he enjoy the same Royal Authority that his Ancestors enjoyed.
Which if it had been any other than in the nature of a Trust, as this was, either those Houses of Parliament were foolish and vain, to give what was none of their own, or those Kings that were willing to receive as from them, what was already theirs, were too inju∣rious both to themselves and their Posterity; neither of which is likely. A third part of the Regal Power,
say you, is conversant about the M•litia; this the Kings of
England have used to order and govern, without Fellow or Competitor.
This is as false as all the rest that you
have taken upon the credit of Fugitives: For in the first place, both our own Histories, and those of Fo∣reigners, that have been any whit exact in the relati∣on of our Affairs, declare, That the making of Peace and War, always did belong to the Parliament. And the Laws of St. Edward,
which our Kings were bound to swear that they would maintain, make this appear beyond all exception, in the Chapter De He∣retochus, viz.
That there were certain Officers appointed in every Province and County through∣out the Kingdom, that were called Heretochs, in Latin, D•…s, Commanders of Armies, that were to command the Forces of the several Counties,
not for the Honour of the Crown only,
but for the good of the Realm. And they were chosen `by the General Council, and in the several Counties at publick Assemblies of the Inhabitants, as Sheriffs ought to be chosen.
Whence it is evident, That the Fo•…
of the Kingdom, and the Commanders of those Forces, were anciently, and ought to be still, not at the King's Command, but at the people's; and that this most reasonable and just Law obtained in this Kingdom of ours no less than heretofore it did in the Commonwealth of the Romans.
Concerning which, it will not be amiss to hear what Cicera
All the •egions, all the Forces of the Commonwealth, wheresoever they are, are the people of Rome's; nor are those •egions that de∣serted the Consul Antonins, said to have been Anto∣nin's, but the Commonwealths •egions.
This very Law of St. Edward,
together with the rest, did Wil∣liam
the Conqueror, at the desire and instance of the people, confirm by Oath, and added over and above, cap.
That all Cities, Boroughs, Castles, should be so watched every night, as the Sheriffs, the Al∣dermen,
and other Magistrates, should think meet for the safety of the Kingdom. And in the 6th.
Law, Castles, Boroughs, and Cities, were first built for the Defence of the people, and therefore ought to be maintained free and entire, by all ways and means.
What then? Shall Towns and Places of Strength in times of Peace be guarded against Thieves and Rob∣bers by common Councils of the several Places, and shall they not be defended in dangerous times of War, against both Domestick and Foreign Hostility, by the common Council of the whole Nation? If this be not granted, there can be no Freedom,
in the guarding of them; nor shall we obtain any of those ends, for which the Law it self tells us, that Towns and Fortresses were at first founded. In∣deed our Ancestors were willing to put any thing into the King's power, rather than their Arms, and the Garisons of their Towns; conceiving that to be nei∣ther better nor worse, than betraying their Liberty to the Fury and Exorbitancy of their Princes. Of which there are so very many instances in our Histories, and those so generally known, that it would be superflu∣ous to mention any of them here. But the King owes protection to his Subjects; and how can be protect them, un∣less he have Men and Arms at Command?
But, say I, he had all this for the good of the Kingdom, as has been said, not for the destruction of his people, and the ruin of the Kingdom: Which in King Henry
's time, one Leonard,
a Learned man in those days, in an Assembly of Bishops, told Rustandus,
the Pope's Nuncio and the King's Procurator, in these words;
All Churches are the Pope's, as all Temporal things are said to be the King's, for Defence and Protection, not his in Propriety and Ownership, as we say; they are his to De•
end, not to Destroy. The afore∣mentioned
Law of St. Edward,
is to the same pur∣pose;
and what does this import more than a Trust? Does this look like Absolute Power? Such a kind of Power a Commander of an Army always has, that is, a Delegated Power; and yet both at home and a∣broad he is never the less able to defend the people that chuse him. Our Parliaments would anciently have contended with our Kings about their Liberty and the Laws of St. Edward,
to very little purpose; and '•
would have been an unequal match betwixt the Kings and them, if they had been of opinion, that that the Power of the Sword belonged to him alone; for how unjust Laws soever their Kings would have imposed upon them, their Charter,
tho never so great,
would have been a weak Defence against Force. But say you, What would the Parliament be the better for the Militia, since without the King's Assent, they cannot raise the least Earthing from the people towards the maintaining it?
Take you no thought for that: For in the first place you go upon a false supposition, That Parliaments cannot impose Taxes without the King's Assent,
upon the people that send them, and whose concerns they un∣dertake. In the next place, you that are so officious an enquirer into other mens matters, cannot but have heard, That the people of their own accord, by bring∣ing in their Plate to be melted down, raised a great Sum of Money towards the carrying on of this War against the King. Then you mention the largeness of our King's Revenue: You mention over and over again Five Hundred and Forty Thousands;
That these of our Kings that have been eminent for their Bounty and Liberality, have used to give Large Boons out of their own Partimony.
This you were glad to hear; 'twas by this Charm, that those Traytors to their Countrey al∣lured you, as B•…
the Prophet was enticed of old,
to curse the people of God, and exclaim against the Judicial Dispensations of his Providence. You Fool! what was that unjust and violent King the better for such abundance of Wealth? What are you the bet∣ter for it? Who have been no partaker of any part of it, that I can hear of, (how great hopes soever you may have conceiv'd of being vastly enriched by it) but only of a Hundred pieces of Gold, in a Purse wrought with beads. Take that reward of thine Iniquity, Balaam,
which thou hast loved, and enjoy it. You go on to play the Fool; The set∣ting up of a Standard is a Prerogative that belongs to the King only.
How so? Why because Virgil
tells us in his Aeneis,
That Turnus set up a Standard on the top of the Tower at Laurentum, for an Ensign of War.
And do not you know, Grammarian,
that every General of an Army does the same thing? But, says Aristotle,
The King must always be provided ofa Military Power, that he may be able to defend the Laws, and therefore the King must be stronger than the whole body of the people.
This man makes Consequences just as O•nus
does Ropes in Hell; which are of no use but to be eaten by Asses. For a number of Soldiers given to the King by the people, is one thing, and the sole power of the Militia is quite another thing; the lat∣ter, Aristotle
does not allow that Kings ought to be masters of, and that in this very place which you have quoted: He ought,
says he, to have so many armed men about him, as to make him stronger than any one man, than many men got together; but he must not be stronger than all the people,
Polit. lib. 3. cap. 4. Else instead of pro∣tecting them, it would be in his power to subject both People and Laws to himself. For this is the difference betwixt a King and a Tyrant: A King, by consent of the Senate and People, has about him
so many Armed men, as to enable him to resist Ene∣mies, and suppress Seditions. A Tyrant, against the Will both of Senate and People, gets as great a number as he can, either of Enemies, or profligate Subjects to side with him against the Senate and the People. The Parliament therefore allowed the King, as they did whatever he had besides, the setting up of a Standard;
not to wage War against his own people, but to defend them against such as the Parliament should declare Enemies to the State: If he acted o∣therwise, himself was to be accounted an Enemy; since according to the very Law of St. Edward,
or ac∣cording to a more sacred Law than that, the Law of Nature it self, he lost the name of a King, and was no longer such. Whence Cicero
in his Philip.
He for∣feits his Command in the Army, and Interest in the Government, that employs them against the State.
Neither could the King compel those that held of him by Knight-Service, to serve him in any other War, than such as was made by consent of Parlia∣ment; which is evident by many Statutes. So for Customs and other Subsidies for the maintenance of the Navy; the King could not exact them without an Act of Parliament; as was resolved about twelve years ago, by the ablest of our Lawyers, when the King's Authority was at the height. And long be∣fore them, Fortescue,
an Eminent Lawyer, and Chan∣cellor to King Henry
The King of England, says he, can neither alter the Laws, nor exact Subsi∣dies without the people's consent;
nor can any Te∣stimonies be brought from Antiquity, to prove the Kingdom of
England to have been merely Regal.
The King, says Bracton, has a Jurisdiction over all his Subjects;
that is, in his Courts of Justice, where Justice is administred in the King's name indeed, but
according to our own Laws.
All are subject to the King; that is, every particular man is;
and so Bracton
explains himself in the places that I have cited. What follows is but turning the same stone over and over again; (at which sport I believe you are able to tire Si∣siphus
himself), and is sufficiently answered by what has been said already. For the rest, if our Parliaments have sometimes complimented good Kings with submissive expressions, tho neither favouring of Flattery nor Slavery, those are not to be accounted due to Tyrants, nor ought to prejudice the peoples Right; good manners and civility do not infringe Liberty. Where∣as you cite out of Sir Edw. Coke
That the Kingdom of England is an Absolute Kingdom;
that is said with respect to any Foreign Prince, or the Emperor; because as Cambden
It is not under the Patronage of the Emperor;
but both of them affirm that the Government of England
resides not in the King alone, but in a Body Politick. Whence Fortescue
in his Book de laud. leg. Angl. cap.
The King of England, says he, governs his people, not by a merely Regal, but a Political power; for the Eng∣lish are govern'd by Laws of their own making.
Foreign Authors were not ignorant of this: Hence Philip de Comines,
a Grave Author, in the Fifth Book of his Commentaries,
Of all the Kingdoms of the earth, says he, that I have any knowledge of, there is none in my opinion, where the Government is more moderate, where the King has less power of hurting his people, than in England.
Finally, 'Tis ridiculous,
say you, for them to affirm that Kingdoms were ancienter than Kings; which is as much as if they should say, that there was Light before the Sun was created.
But with your good leave, Sir, we do not say that Kingdoms, but that the people were before Kings. In
the mean time, who can be more ridiculous than you, who deny there was Light before the Sun had a being. You pretend to a curiosity in other mens matters, and have forgot the very first things that were taught you. You wonder how they that have seen the King upon his Throne, at a Session of Parliament
(sub aureo & serico Coelo, under a golden and silken Heaven) under a Canopy of State, should so much as make a question whether the Majesty resided in him, or in the Parliament?
They are certainly hard of belief, whom so lucid an Argument coming down from Heaven, cannot convince. Which Golden Heaven, you, like a Stoick, have so devoutly and seriously gaz'd upon, that you seem to have for∣got what kind of Heaven Moses
describe to us; for you deny that there was any Light in Moses
his Heaven, before the Sun; and in Aristotle
's you make three temperate Zones. How many Zones you observed in that Golden and Silken Heaven of the King's, I know not; but I know you got one Zone (a Purse) well tempered with a Hundred Golden Stars by your Astronomy.
SInce this whole Controversie, whether concerning the Right of Kings in general, or that of the King of England in particular, is rendred difficult and intricate, rather by the obstinacy of parties, than by the nature of the thing it self, I hope they that prefer Truth before the Interest of a Faction, will be satisfied with what I have alledged out of the Law of God, the Law of Nations, and the Municipal Laws of my own Countrey, That a King of EnglandPage 213
may be brought to Tryal, and put to Death. As for those whose minds are either blinded with Superstiti∣on, or so dazeled with the Splendor and Grandure of a Court, that Magnanimity and true Liberty do not appear so glorious to them, as they are in themselves, it will be in vain to contend with them, either by Reason and Arguments, or Examples. But you, Sal∣masius, seem very absurd, as in every other part of your Book, so particularly in this, who tho you •ail perpetually at the Independents, and revile them with all the terms of Reproach imaginable, yet assert to the highest degree that can be, the Independ•ncy of the King, whom you defend; and will not allow him to owe his Soveraignty to the people, but to his Descent; And whereas in the beginning of your Book you com∣plain'd that he was put to plead for his Life, here y•u complain, That he perish'd without being heard to sp•… for himself. But if you have a mind to look into the Hi∣story of his Trial, which is very faithfully publish'd in French, it may be you'l be of another opinion. Whereas he had liberty given him for some day to∣gether, to say what he could for himself, he made use of it not to clear himself of the Crimes 〈◊〉 to his Charge, but to disprove the Authority o• his Judges, and the Judicature that he was called before. And whenever a Criminal is either mute, or says no∣thing to the purpose, there is no Injustice in con∣demning him without hearing him, if his Crimes are notorious, and publickly known. If you say that Charles dyed as he lived, I agree with you: If you say that he died piously, holily, and at ease, you may remember that his Grandmother Mary, Queen of Scots, and infamous Woman, dyed on a Scaffold with as much outward appearance of Piety, Sanctity and Constancy, as he did; and lest you should ascribe too
much to that presence of mind which some common Malefactors have so great a measure of at their death; many times despair, and a hardned heart puts on as it were a Vizor of Courage; and Stupidity, of Quiet, and Tranquility of mind: Sometimes the worst of men desire to appear good, undaunted, in∣nocent, and now and then Religious, not only in their life, but at their death; and in suffering death for their villanies, use to act the last part of their hypocrisie and cheats, with all the show imaginable; and like bad Poets or Stage-players, are very Ambi∣tious of being clapp'd at the end of the Play. Now, you say, you are come to enquire who they chiesly were, that gave Sentence against the King. Whereas it ought first to be enquired into, how you, a Foreigner, and a French Vagabond, came to have any thing to do to raise a question about our Affairs, to which you are so much a stranger? And what Reward induced you to it? But we know enough of that, and who satis∣fied your curiosity in these matters of ours; even those Fugitives, and Traytors to their Countrey, that could easily hire such a vain Fellow as you, to speak ill of us. Then an account in writing, of the state of our affairs, was put into your hands by some hair∣brain'd, half-Protestant, half-Papist Chaplain or other, or by some sneaking Courtier, and you were put to Translate it into Latin; out of that you took these Narratives, which, if you please, we'll examine a lit∣tle: Not the hundred thousandth part of the people con∣sented to this sentence of Condemnation. What were the rest of the people then that suffered so great a thing to be transacted against their will? Were they stocks and stones, were they mere Trunks of men only, or 〈◊〉 Images of Britans, as Virgil describes to have been •…ught in •…ry?
Purpurea intexti tollunt aulea Britanni.
And Brittains interwove held up the Purple hangings.
For you describe no true Britains but Painted ones, or rather Needle-wrought Men instead of them. Since therefore it is a thing so incredible that a warlike Nation should be subdued by so few, and those of the dregs of the People, which is the first thing that occurs in your Narrative, that appears in the very Nature of the thing it self to be most false. The Bi∣shops were turn'd out of the House of Lords by the Parlia∣ment it self. The more deplorable is your Madness (for are you not yet sensible that you Rave?) to complain of their being turn'd out of the Parliament, whom you your self in a large Book endeavour to prove that they ought to be turn'd out of the Church; One of the States of Parliament, to wit, the House of Lords, consisting of Dukes, Earls, and Viscounts, was removed. And deservedly were they removed; for they were not deputed to sit there by any Town or County, but represented themselves only; they had no Right over the People, but (as if they had been ordained for that very purpose) used frequent∣ly to oppose their Rights and Liberties. They were created by the King, they were his Companions, his Servants, and as it were, Shadows of him. He be∣ing removed, it was necessary they should be redu∣ced to the same Level with the Body of the People, from amongst whom they took their rise. One part of the Parliament, and that the worst of all, ought not to have assum'd that Power of judging and condemning the King. But I have told you already, that the House of Commons was not only the chief part of our Par∣liament,
while we had Kings, but was a perfect and entire Parliament of it self, without the Tempo∣ral Lords, much more without the Bishops. But, The whole House of Commons themselves were not admitted to have to do with the Tryal of the King. To wit, that part of them was not admitted, that openly revolt∣ed to him in their Minds and Councels; whom, tho they stil'd him their King, yet they had so often act∣ed against, as an Enemy. The Parliament of Eng∣land, and the Deputies sent from the Parliament of Scotland, on the 13th of January, 1645. wrote to the King, in Answer to a Letter of his, by which he desired a deceitful Truce, and that he might Treat with them at London; that they could not admit him into that City, till he had made Satisfaction to the State for the Civil War that he had raised in the three Kingdoms, and for the Deaths of so many of his Subjects slain by his Order; and till he had a∣greed to a true and firm Peace upon such Terms as the Parliaments of both Kingdoms had offered him so often already, and should offer him again. He on the other hand either refused to hear, or by am∣biguous Answers eluded their just and equal Propo∣sals, tho most humbly presented to him seven times over. The Parliament at last, after so many years patience, lest the King should over-turn the State by his Wiles and Delays, when in Prison, which he could not subdue in the Field, and lest the van∣quish'd Enemy pleased with our Divisions, should recover himself, and triumph unexpectedly over his Conquerors, vote that for the future, they would have no regard to him, that they would send him no more Proposals, nor receive any from him: After which vote, there were found even some Members of Parliament, who out of the hatred they
bore that invincible Army, whose Glory they envi∣ed, and which they would have had disbanded, and sent home with disgrace, after they had deserved so well of their Nation, and out of a servile Com∣pliance with some Seditious Ministers, finding their opportunity, when many, whom they knew to be other∣wise minded than themselves, having been sent by the House it self to suppress the Presbyterians, who began already to be Turbulent, were absent in the several Counties, with a strange Levity, not to say perfidiousness, Vote, that that inveterate Enemy of the State, who had nothing of a King, but the Name, without giving any Satisfaction or Security, should be brought back to London, and restored to his Dignity and Government, as if he had deserved well of the Nation by what he had done. So that they preferr'd the King before their Religion, their Li∣berty, and that very celebrated Covenant of theirs. What did they do in the mean time, who were sound themselves, and saw such pernicious Councils on foot? Ought they therefore to have been want∣ing to the Nation, and not provide for its safety, be∣cause the Infection had spread it self even in their own House? But, who secluded those ill affected Members? The English Army, you say: so that it was not an Army of Foreigners, but of most Valiant, and Faithful, Honest Natives, whose Officers for the most part were Members of Parliament; and whom those good secluded Members would have secluded their Country, and banished into Ireland; while in the mean time the Scots, whose Alliance begin to be doubtful, had very considerable Forces in four of our Northern Counties, and kept Garisons in the best Towns of those Parts, and had the King him∣self in Custody; whilest they likewise encouraged
the tumultuating of those of their own Faction, who did more than threaten the Parliament, both in City and Country, and through whose means not only a Civil, but a War with Scotland too shortly after brake out. If it has been always accounted praise-worthy in private Men to assist the State, and promote the publick Good, whether by Advice or Action; our Army sure was in no fault, who being ordered by the Parliament to come to Town, obey'd and came, and when they were come, quell'd with ease, the Faction and Uproar of the King's Party, who sometimes threatned the House it self. For things were brought to that pass, that of necessity either we must be run down by them, or they by us. They had on their side most of the Shopkeepers and Handicrafts-men of London, and generally those of the Ministers, that were most factious. On our side was the Army, whose Fidelity, Moderation, and Courage were sufficiently known. It being in our Power by their means to retain our Liberty, our State, our Common-safty, do you think we had not been fools to have lost all by our negligence and fol∣ly? They who had had places of Command in the Kings Army, after their Party were subdued, had laid down their Arms indeed against their Wills, but continued Enemies to us in their hearts; and they flock'd to Town, and were here watching all opportunities of renewing the War. With these Men, tho they were the greatest Enemies they had in the World, and thirsted after their Blood, did the Pres∣byterians, because they were not permitted to exer∣cise a Civil, as well as an Ecclesiastical Jurisdiction over all others, hold secret Correspondence, and took measures very unworthy of what they had
formerly both said and done; and they came to that Spleen at last, that they would rather enthral them∣selves to the King again, than admit their own Bre∣thren to share in their Liberty, which they like∣wise had purchased at the price of their own Blood; they chose rather to be Lorded over once more by a Tyrant, polluted with the Blood of so many of his own Subjects, and who was enraged, and breath'd out nothing but revenge against those of them that were left, than endure their Bre∣thren and Friends to be upon the square with them. The Independents, as they are called, were the only men, that from first to last kept to their point, and knew what use to make of their Victory: They re∣fus'd, (and wisely, in my opinion), to make him King again, being then an Enemy; who when he was their King, had made himself their Enemy: Nor were they ever the less averse to a Peace, but they very prudently dreaded a new War, or a perpetual slavery under the name of a Peace. To 〈◊〉 our Army with the more reproaches, you begin a silly confused Nar∣rative of our Affairs; in which tho I find many things false, many things frivolous, many things laid to our charge, for which we rather merit; yet I think it will be to no purpose for me to write a true relati∣on, in answer to your false one. For you and I are arguing, not writing Histories, and both sides will be∣lieve our reasons, but not our narrative; and indeed the nature of the things themselves is such, that they cannot be related as they ought to be, but in a set History; so that I think it better, as Salust said of Car∣thage, Rather to say nothing at all, than to say but a little of things of this weight and importance, Nay, and I scorn so much as to mention the praises of great men, and of Almighty God himself, (who in so
wonderful a course of Affairs ought to be frequently acknowledged) amongst your Slanders and Reproa∣ches. I'le therefore only pick out such things as seem to have any colour of argument. You say, the English and Scotch promised by a Solemn Covenant, to preserve the Majesty of the King. But you omit upon what terms they promised it; to wit, if it might con∣sist with the safety of their Religion and their Liberty. To both which, Religion and Liberty, that King was so averse to his last breath, and watcht all opportuni∣ties of gaining advantages upon them, that it was evident that his life was dangerous to their Religion, and the certain ruin of their Liberty. But then you fall upon the King's Judges again: If we consider the thing aright, the conclusion of this abominable action must be imputed to the Independents, yet so as the Presbyteri∣ans may justly challenge the glory of its beginning and pro∣gress. Hark, ye Presbyterians, what good has it done you? how is your Innocence and Loyalty the more cleared by your seeming so much to abhor the putting the King to death? You your selves in the opinion of this everlasting talkative Advocate of the King, your accuser, went more than half-way towards it; you were seen acting the fourth Act and more, in this Tragedy; you may justly be charged with the King's death, since you ban'd the way to it; 'twas you and only you that laid his head upon the Block. Wo be to you in the first place, if ever Charles his Posterity recover the Crown of England; assure your selves, you are like to be put in the Black List. But pay your Vows to God, and love your Bre∣thren who have delivered you, who have prevented that calamity from falling upon you, who have saved you from inevitable ruin, tho against your own wills. You are accused likewise for that some years ago you en∣deavoured by sundry Petitions to lessen the Kings authority,
that you publisht some scandalous expressions of the King himself in the Papers you presented him with in the name of the Parliament; to wit, in that Declaration of the Lords and Commons of the 26th. of May 1642, you declar'd openly in some mad Positions that breath'd nothing but Re∣bellion, what your thoughts were of the King's authority: Hotham by order of Parliament shut the Gates of Hull a∣gainst the King; you had a mind to make a trial by this first act of Rebellion how much the King would bear. What could this man say more if it were his design to re∣concile the minds of all English men to one another, and alienate them wholly from the King? for he gives them here to understand, that if ever the King be brought back, they must not only expect to be punisht for his Father's death, but for the Petitions they made long ago, and some acts that past in full Parliament, concerning the putting down the Common-Prayer and Bishops, and that of the Triennial Parliament, and several other things that were Enacted with the greatest consent and applause of all the people that could be; all which will be look'd upon as the Sedi∣tions and mad Positions of the Presbyterians. But this vain fellow changes his mind all of a sudden, and what but of late, when he considered it aright, he thought was to be imputed wholly to the Presbyterians; now that he considers the same thing from first to last, he thinks the Independents were the sole Actors of it. But even now he told us, The Presbyterians took up Arms against the King, that by them he was beaten, taken captive, and put in prison; Now he says, this whole Doctrine of Rebellion is the Independents Principle. O! the faithfulness of this man's Narrative. How consistent he is with him∣self? What need is there of a Counter narrative to this of his, that cuts its own throat? But if any man should question whether you are an honest man or a
Knave, let him read these following lines of yours: It is time to explain whence and at what time this Sect of Enemies to Kingship first began: VVhy truly these rare Puritans began in Queen Elizabeths time to crawl out of Hell, and disturb not only the Church, but the State like∣wise; for they are no less plagues to the latter than to the former. Now your very speech bewrays you to be a right Balaam; for where you designed to spit out the most bitter poyson you could, there unwittingly and against your will you have pronounc'd a blessing. For it's notoriously known all over England, that if any endeavoured to follow the example of those Church∣es, whether in France or Germany which they accoun∣ted best Reformed, and to exercise the publick Wor∣ship of God in a more pure manner, which our Bi∣shops had almost universally corrupted with their Ce∣remonies and Superstitions, or if any seemed either in point of Religion or Morality to be better than others, such •…sons were by the Favourers of Epis∣copacy termed •…ans. These are they whose Prin∣ciples you say are so opposite to Kingship. Nor are they the only persons, most of the Reformed Religion, that have not sucked in the rest of their principles, yet seem to have approved of those that strike at Kingly Government. So that •hile you inveigh bitterly against the Indepen∣dents, and endeavour to separate them from Christ's flock, with the same breath you praise them; and those Principles which almost every where you affirm to be peculiar to the Independents, here you confess they have been approved of by most of the Reformed Religion. Nay you are arrived to that degree of im∣pudence, impiety and apostacy, that though former∣ly you maintained that Bishops ought to be extirpated out of the Church, Root and Branch, as so many pests and limbs of Antichrist, here you say the King ought
to protect them, for the saving of his Coronation-Oath. You cannot show your self a more infamous Villain than you have done already, but by abjuring the Protestant Reformed Religion, to which you are a scandal. Whereas you tax us with giving a Tolera∣tion of all Sects and Heresies, you ought not to find fault with us for that; since the Church bears with such a pros•igate wretch as you your self, such a vain fellow, such a lyar, such a Mercenary Slanderer, such an A∣postate, one who has the impudence to affirm, That the best and most pious of Christians, and even most of those who profess the Reformed Religion, are crept out of Hell, because they differ in opinion from you. I had best pass by the Calumnies that fill up the rest of this Chapter, and those prodigious tenents that you ascribe to the Independents, to render them odi∣ous; for neither do they at-all concern the cause you have in hand, and they are such for the most part as deserve to be laugh'd at, and despised, rather than re∣ceive a serious Answer.
YOu seem to begin this Eleventh Chapter, Salma∣sius, though with no modesty, yet with some sense of your weakness and trifling in this Discourse. For whereas you proposed to your self to enquire in this place, by what authority, sentence was given a∣gainst the King? You add immediately, which no body expected from you; that 'tis in vain to make any such enquiry; to wit, because the quality of the persons that did it, leaves hardly any room for such a question. And
therefore as you have been found guilty of a great deal of Impupence and Sauciness in the undertaking of this Cause, so since you seem here conscious of your own impertinence; I shall give you the shor∣ter answer. To your question then; by what au∣thority the House of Commons either condemn'd the King themselves, or delegated that power to others; I answer, they did it by vertue of the Supreme autho∣rity on earth. How they come to have the Supreme Power, you may learn by what I have said already, when I refuted your Impertinencies upon that Sub∣ject. If you believed your self that you could ever say enough upon any Subject, you would not be so tedious in repeating the same things so many times over. And the House of Commons might delegate their Judicial Power by the same reason, by which you say the King may delegate his, who received all he had from the people. Hence in that Solemn League and Covenant that you object to us, the Parliaments of England and Scotland solemnly protest and engage to each other to punish the Traytors in such manner as the Supreme, Judicial Authority in both Nations, or such as should have a Delegate power from them, should think fit. Here you hear the Parliaments of both Nations pro∣test with one voice, that they may Delegate their Ju∣dicial Power, which they call the Supreme; so that you move a vain and frivolous Controversie about De∣legating this power. But, say you, there were added to those Judges that were made choice of out of the House of Commons, some Officers of the Army, and that never was known that Soldiers had any right to try a Subject for his life. I'le silence you in a very few words: You may remember that we are not now discoursing of a Subject, but of an Enemy; whom if a General of an Army, after he has taken him Prisoner resolves to
dispatch, would he be thought to proceed otherwise than according to custom and Martial Law, if he him∣self with some of his Officers should sit upon him, and try and cendemn him? An enemy to a State made a Prisouer of War, cannot be lookt upon to be so much as a Member, much less a King in that State. This is declar'd by that Sacred Law of St. Edward, which denies that a bad King is a King at all, or ought to be called so. Whereas you say, it was not the whole but a part of the House of Com••ons that try'd and condem∣ned the King, I give you this answer: The number of them, who gave their Votes for putting the King to death, was far greater than is necessary according to the custom of our Parliaments to transact the greatest Affairs of the Kingdom, in the absence of the rest; who since they were absent through their own fault (for to revolt to the common enemy in their hearts is the worst sort of absence) their absence ought not to hinder the rest who continued faithful to the cause, from preserving the State; which when it was in a tottering condition, and almost quite reduced to Sla∣very and utter ruin, the whole body of the people had at first committed to their fidelity, prudence and courage. And they acted their parts like men; they set themselves in opposition to the unruly wilfulness, the rage, the secret designs of an inveterate and exas∣perated King; they prefer'd the common liberty and safety before their own; they out-did all former Par∣liaments, they out-did all their Ancestors in Conduct, Magnanimity and steddiness to their cause. Yet these very men did a great part of the people ungratefully desert in the midst of their undertaking, though they had promised them all fidelity, all the help and assist∣ance they could afford them. These were for Slavery and peace with sloth and luxury upon any terms:
Others demanded their Liberty, nor would accept of a peace that was not sure and honourable. What should the Parliament do in this case? ought they to have defended this part of the people, that was sound and continued faithful to them and their Coun∣try, or to have sided with those that deserted both? I know what you will say they ought to have done. You are not Eurulochus, but Elpenor, a miserable En∣chanted Beast, a filthy Swine, accustomed to a sordid Slavery, even under a Woman; so that you have not the least relish of true Magnanimity, nor consequent∣ly of Liberty, which is the effect of it: You would have all other men slaves, because you find in your self no generous, ingenuous inclinations, you say no∣thing, you breath nothing but what's mean and ser∣vile. You raise another scruple, to wit, That he was the King of Scotland too, whom we condemn'd; as if he might therefore do what he would in England. But that you may conclude this Chapter, which of all o∣thers is the most weak and insipid, at least with some witty querk, There are two little words, say you, that are made up of the same number of Letters, and differ only in the placing of them, but whose significations are wide a∣sunder, to wit, Vis and Jus, (might and right.) 'Tis no great wonder that such a three letter'd man as you, (Fur, a Thief,) should make such a Witticism up∣on three Letters: 'Tis the greater wonder (which yet you assert throughout your Book) that two things so di∣rectly opposite to one another as those two are, should yet meet and become one and the same thing in Kings. For what violence was ever acted by Kings, which you do not affirm to be their Right? These are all the passages that I could pick out of nine long Pages, that I thought deserved an answer. The rest consists either of repetitions of things that have been answered more
than once, or such as have no relation to the mat∣ter in hand. So that my being more brief in this Chapter than in the rest, is not to be imputed to want of diligence in me, which, how irksome so∣ever you are to me, I have not slackned, but to your tedious impertinence, so void of matter and sense.
I Wish, Salmasius, that you had left out this part of your Discourse concerning the King's crimes, which it had been more advisable for your self and your party to have done, for I'm afraid lest in gi∣ving you an answer to it, I should appear too sharp and severe upon him, now he is dead, and hath recei∣ved his punishment. But since you chose rather to dis∣course confidently and at large upon that Subject, I'le make you sensible, that you could not have done a more inconsiderate thing, than to reserve the worst part of your cause to the last, to wit that of ripping up and enquiring into the Kings Crimes; which when I shall have proved them to have been true and most exorbitant, they will render his memory unpleasant and odious to all good men, and imprint now in the close of the Controversie, a just hatred of you, who undertake his defence, on the Readers minds. Say you, His accusation may be divided into two parts, one is con∣versant about his Morals, the other taxeth him with such •…lts as he might commit in his publick capacity. I'le be 〈◊〉 to pass by in silence that part of his life that
he spent in Banque•tings, at Plays, and in the con∣versation of Women; for what can there be in Luxury and Excess, worth relating? And what would those things have been to us, if he had been a private person? But since he would be a King, as he could not live a private life, so neither could his Vices be like those of a private person. For in the first place, he did a great deal of mischief by his example: In the second place, all that time that he spent upon his lust, and in his sports, which was a great part of his time, he stole from the State, the Government of which he had undertaken. Thirdly and lastly, he squandered away vast Sums of Money, which were not his own, but the pub∣lick Revenue of the Nation, in his Domestick Lu∣xury and Extravagance. So that in his private life at home he first began to be an ill King. But let us rather pass over to those Crimes that he is charged with on the account of misgovernment. Here you la∣ment his being condemned as a Tyrant, a Traytor, and a Murderer. That he had no wrong done him, shall now be made appear. But first let us define a Tyrant, not according to vulgar conceits, but the judgment of Aristotle, and of all Learned Men. He is a Tyrant who regards his own welfare and profit only, and not that of the people. So Aristotle de∣fines one in the Tenth Book of his Ethicks, and else∣where, and so do very many others. Whether Charles regarded his own or the peoples good, these few things of many that I shall but touch upon, will evince. When his Rents and other publick Reve∣nues of the Crown would not defray the Expences of the Court, he laid most heavy Taxes upon the people; and when they were squandred away, he invented new ones; not for the benefit, honour, or
defence of the State, but that he might hoard up, or lavish out in one House, the Riches and Wealth, not of one but of three Nations. When at this rate he broke loose, and acted without any colour of Law to warrant his proceedings, knowing that a Parliament was the only thing that could give him check, he endeavoured either wholly to lay aside the very calling of Parliaments, or calling them just as often, and no oftner, than to serve his own turn, to make them entirely at his devotion. Which Bridle when he had cast off himself, he put another Bridle upon the people; he put Garrisons of German Horse and Irish Foot in many Towns and Cities, and that in time of Peace. Do you think he does not be∣gin to look like a Tyrant? In which very thing, as in many other Particulars, which you have formerly given me occasion to instance in, (though you scorn to have Charles compared with so cruel a Tyrant as Nero) he resembled him extremely much. For Nero likewise often threatned to take away the Senate. Besides, he bore extreme hard upon the Consciences of good men, and compelled them to the use of Ce∣remonies and Superstitious Worship, borrowed from Popery, and by him re-introduced into the Church. They that would not conform, were imprisoned or Banisht. He made War upon the Scots twice for no other cause than that. By all these actions he has surely deserved the name of a Tyrant once over at least. Now l'le tell you why the word Traytor was put into his Indictment: When he assured his Parlia∣ment by Promises, by Proclamations, by Impreca∣tions, that he had no design against the State, at that very time did he List Papists in Ireland, he sent a pri∣vate Embassie to the King of Denmark to beg assist∣ance from him of Arms, Horses and Men, expresly
against the Parliament; and was endeavouring to raise an Army first in England, and then in Scotland. To the English he promised the Plunder of the City of London, to the Scots, that the four Northern Coun∣ties should be added to Scotland, if they would but help him to get rid of the Parliament, by what means soever. These Projects not succeeding, he sent over one Dillon a Traytor, into Ireland with private Instructions to the Natives, to fall suddenly up∣on all the English that inhabited there. These are the most remarkable instances of his Treasons, not ta∣ken up upon hear-say and idle reports, but disco∣vered by Letters under his own Hand and Seal. And finally I suppose no man will deny that he was a Murderer, by whose order the Irish took Arms, and put to death with most exquisite Torments, above a hundred thousand English, who lived peaceably by them, and without any apprehension of danger; and who raised so great a Civil War in the other two Kingdoms. Add to all this, that at the Treaty in the Isle of Wight, the King openly took upon himself the guilt of the War, and clear'd the Par∣liament in the Confession he made there, which is publickly known. Thus you have in short why King Charles was adjudged a Tyrant, a Traytor, and a Mur∣derer. But, say you, why was he not declared so be∣fore, neither in that Solemn League and Covenant, nor afterwards when he was delivered to them, either by the Presbyterians or the Independents, but on the other hand was receiv'd as a King ought to be, with all reverence? This very thing is sufficient to persuade any rational man, that the Parliament entred not into any Coun∣cils of quite deposing the King, but as their last re∣fuge, after they had suffered and undergone all that possibly they could, and had attempted all other ways
and means. You alone endeavour maliciously to lay that to their charge, which to all good men can∣not but evidence their great Patience, Moderation, and perhaps a too long forbearing with the King's Pride and Arrogance. But in the month of August, before the King suffered, the House of Commons, which then bore the only sway, and was governed by the Indepen∣dants, wrote Letters to the Scots, in which they acquaint∣ed them that they never intended to alter the form of Go∣vernment that had obtain'd so long in England under King, Lords, and Commons. You may see from hen•e, how little reason there is to ascribe the deposing of the King, to the principles of the Independents. They, that never used to dissemble and conceal their Te∣nents, even then, when they had the sole manage∣ment of affairs, profess, That they never intended to al∣ter the Government. But if afterwards a thing came into their minds, which at first they intended not, why might they not take such a course, tho before not intended, as appear'd most advisable, and most for the Nation's Interest? Especially when they found that the King could not possibly be intreated or indu∣ced to assent to those just demands that they had made from time to time, and which were always the same from first to last. He persisted in those perverse sen∣timents with respect to Religion and his own Right, which he had all along espoused, and which were so destructive to us; not in the least altered from the man that he was, when in Peace and War, he did us all so much mischief. If he assented to any thing, he gave no obscure hints that he did it against his will, and that whenever he should come into power again, he would look upon such his Assent as null and void. The same thing his Son declared by writing under his hand, when in those days he ran away with part
of the Fleet, and so did the King himself by Let∣ters to some of his own Party in London. In the mean time, against the avowed sense of the Parliament, he struck up a private Peace with the Irish, the most barbarous Enemies imaginable to England, upon base dishonourable terms; but whenever he invited the English to Treaties of Peace, at those very times with all the power he had, and interest he could make, he was preparing for War. In this case, what should they do, who were intrusted with the care of the Government? Ought they to have betrayed the safety of us all to our most bitter Adversary? Or would you have had them le•• us to undergo the Calamities of another Seven years War, not to say worse? God put a better mind into them, of preferring, pursuant to that very solemn League and Covenant, their Religion, and Liberties, before those thoughts they once had, of not rejecting the King; for they had not gone so far as to vote it; all which they saw at last, (tho indeed later than they might have done), could not possibly subsist, as long as the King continued King. The Parliament ought and must of necessity be entirely free, and at liberty to provide for the good of the Nation, as occasion re∣quires; nor ought they so to be wedded to their first Sentiments, as to scruple the altering their minds, for their own, or the Nation's good, if God put an opportunity into their hands of procuring it. But the Scots were of 〈…〉 opinion; for they, in a Let∣ter to Charles, the King's Son, call his Father a most Sa∣cred Prince, and the putting him to death, a most execrable Villany. Do not you talk of the Scots, whom you know not; we know them well enough, and know the time, when they called that same King, a most •…rable person, a Murtherer, and Traytor; and
the putting a Tyrant to Death a most sacred action. Then you pick holes in the King's Charge, as not be∣ing properly penn'd; and you ask why we needed to call him a Traytor and a Murtherer, after we had stiled him a Tyrant; since the word Tyrant, includes all the Crimes that may be: And then you explain to us gram∣matically and critically, what a Tyrant is. Away with those Trisles, you Pedagogue, which that one definition of Aristotle's, that has lately beeen cited, will utterly confound; and teach such a Doctor as you, That the word Tyrant (for all your concern is barely to have some understanding of words) may be applied to one, who is neither a Traytor nor a Mur∣therer. But the Laws of England do not make it Trea∣son in the King to stir up Sedition against himself or the peo∣ple. Nor do they say, That the Parliament can be guilty of Treason by deposing a bad King, nor that any Parliament ever was so, tho they have often done it; but our Laws plainly and clearly declare, that a King may violate, diminish, nay, and wholly lose his Royalty. For that expression in the Law of St. Ed∣ward, of losing the name of a King, signifies neither more nor less, than being deprived of the Kingly Office and Dignity; which befel Chilperic King of France, whose example, for illustration-sake, is ta∣ken notice of in the Law it self. There is not a Lawyer amongst us that can deny, but that the high∣est Treason may be committed against the Kingdom as well as against the King. I appeal to Glanvile him∣self, whom you cite,
If any man attempt to put the King to death, or raise Sedition in the Realm, it is High Treason.
So, that attempt of some Papists to blow up the Parliament-House, and the Lords and Commons there with Gunpowder, was by King
himself, and both Houses of Parliament, de∣clared to be High Treason,
not against the King only, but against the Parliament and the whole Kingdom. 'T would be to no purpose to quote more of our Sta∣tutes, to prove so clear a Truth; which yet I could easily do. For the thing it self is ridiculous, and absurd to imagine, That High Treason may be com∣mitted against the King, and not against the people, for whose good nay, and by whose leave, as I may say, the King is what he is: So that you babble over so many Statutes of ours to no purpose; you toil and wallow in our Ancient Law-Books, to no purpose; for the Laws themselves stand or fall by Authority of Parliament, who always had power to confirm or re∣peal them; and the Parliament is the sole Judge of what is Rebellion, what High Treason (Iaesa Maje∣stas)
and what not. Majesty never was vested to that degree in the Person of the King, as not to be more conspicuous, and more August in Parlia∣ment, as I have often shown: But who can endure to hear such a senseless Fellow, such a French
Moun∣tebank as you, declare what our Laws are? And you English
Fugitives, so many Bishops, Doctors, Lawyers, who pretend that all Learning and Ingenuous Litera∣ture, is fled out of England
with your selves, was there not one of you that could defend the King's Cause and your own, and that in good Latin
too, to be submitted to the judgment of other Nations, but that this brain-sick, beggarly Frenchman
must be hired to undertake the Defence of a poor indigent King, surrounded with so many Infant-Priests and Doctors? This very thing I assure you, will be a great imputati∣on to you amongst Foreigners; and you will be thought deservedly to have lost that Cause that you
were so far from being able to defend by Force of Arms, as that you cannot so much as write in behalf of it. But now. I come to you again, good-man goose-cap, who scribble so finely; if at least you are come to your self again; for I find you here towards the latter end of your Book, in a deep sleep, and dreaming of some voluntary Death
or other, that's no∣thing to the purpose. Then you deny that 'tis possible for a King in his right wits to embroil his people in Sedi∣tions, to betray his own Forces to be slaughtered by Ene∣mies, and raise Factions against himself.
All which things having been done by many Kings, and particu∣larly by Charles
the late King of England,
you will no longer doubt, I hope, especially being addicted to Stoicism, but that all Tyrants, as well as profligate Villains are downright mad. Hear what Horace
Whoever through a senseless Stupidity, or any other cause whatsoever, hath his Understanding so blind∣ed, as not to discern truth, the Stoicks account of him as of a mad-man: And such are whole Nations, such are Kings and Princes, such are all Man kind? except those very few that are Wise.
So that if you would clear King Charles
from the Imputation of acting like a Mad-man, you must first vindicate his integrity, and show that he never acted like an ill man. But a King,
you say, cannot commit Treason against his own Subjects and Vassals.
In the first place, since we are as free as any People under Heaven, we will not be impos'd upon by any Barbarous Custom of any other Nation whatso∣ever. In the second place, Suppose we had been the King's Vassals; that Relation would not have obliged us to endure a Tyrant to Reign and Lord it over us. All Subjection to Magistrates, as our own Laws declare, is circumscribed, and confined within
the bounds of Honesty,
and the Publick Good.
Read Leg. Hen. 1. Cap.
55. The Obligation betwixt a Lord and his Tenants, is mutual, and remains so long as the Lord protects his Tenant; (this all our Law∣yers tells us) but if the Lord be too severe and cruel to his Tenant, and do him some heinous Injury, The whole Relation betwixt them, and whatever Obligati∣on the Tenant is under by having done Homage to his Lord, is utterly dissolv'd and extinguish'd.
These are the ve∣ry words of Bracton
So that in some Case, the Law it self warrants even a Slave, or a Vassal to oppose his Lord, and allows the Slave to kill him, if he vanquish him in Battle. If a City, or a whole Nation may not lawfully take the Course with a Ty∣rant; the Condition of Freemen will be worse than that of Slaves. Then you go about to excuse King Charles
's shedding of Innocent Blood; partly by Mur∣ders committed by other Kings, and partly by some Instances of Men put to Death by them lawfully. For the matter of the Irish Massacre,
you refer the Reader to 〈 in non-Latin alphabet 〉
, and I refer you to Eicono∣clastes.
The Town of Rochel
being taken, and the Towns-men betray'd, assistance shown, but not af∣forded them, you will not have laid at Charlos
's door; nor have I any thing to say, whether he was faulty in that business or not; he did mischief enough at home; we need not enquire into what Misdemea∣nors he was guilty of abroad. But you in the mean time would make all the Protestant Churches, that have at any time defended themselves by force of Arms against Princes, who were profess'd Enemies of their Religion to have been guilty of Rebellion. Let them consider how much it concerns them for the main∣taining their Ecclesiastical Discipline, and asserting their own Integrity, not to pass by so great an In∣dignity
offered them by a Person bred up by and amongst themselves. That which troubles us most, is, that the English
likewise were betray'd in that Expedition. He, who had design'd long ago to con∣vert the Government of England
into a Tyranny, thought he could not bring it to pass, till the Flower and Strength of the Military Power of the Nation were cut off. Another of his Crimes was, the cau∣sing some words to be struck out of the usual Coro∣nation-oath, before he himself would take it. Unwor∣thy and abominable Action! The Act was wicked in it self; what shall be said of him that undertakes to justifie it? For, by the Eternal God, what greater breach of Faith, and Violation of all Laws can pos∣sibly be imagin'd? What ought to been more sacred to him, next to the Holy Sacraments themselves, than that Oath? Which of the two do you think the more flagitious Person, him that offends against the Law, or him that endeavours to make the Law equal∣ly guilty with himself? Or rather him who subverts the Law it self, that he may not seem to offend a∣gainst it? For thus, that King violated that Oath which he ought most religiously to have sworn to; but that he might not seem openly and publickly to violate it, he craftily adulterated and corrupted it; and least he himself should be accounted perjur'd, he turn'd the very Oath into a Perjury. What other could be expected, then that his Reign would be full of Injustice, Craft, and Misfortune, who began it with so detestable an Injury to his People? And who durst pervert and adulterate that Law which he thought the only Obstacle that stood in his way, and hindred him from perverting all the rest of the Laws? But that Oath
(thus you justify him) lays no other Obligation upon Kings, then the Laws themselves
do; and Kings pretend that they will be bound and limit∣ed by Laws, tho indeed they are altogether from under the Power of Laws.
Is it not prodigious, that a Man should dare to express himself so sacrilegiously, and so senselesly, as to assert that am Oath sacredly sworn upon the Holy Evangelists, mary be dispensed with, and set aside as a little insignifi cant thing, without any Cause whatsoever! Charles
himself refutes you, you Prodigy of Impiety: Who thinking that Oath no light matter, chose rather by a Subterfuge to avoid the force of it, or by a Fallacy to elude it, than open∣ly to violate it; and would rather falsifie and cor∣rupt the Oath, then manifestly forswear himself af∣ter he had taken it. But, The King indeed swears to his People, as the People do to him; but the People swear Fidelity to the King, not the King to them.
Pretty In∣vention! Does not he that promises, and binds him∣self by an Oath to do any thing to, or for another, oblige his Fidelity to them that require the Oath of him? Of a truth, every King sw•
to the People, with respect to the performance of whatever he promiseth upon Oath to do. Then you run back to William
the Con∣queror, who was forced more than once to swear to perform, not what he himself would, b•…
t what the Peo∣ple, and the great Men of the Realm requir'd of him. If many Kings are Crown'd without the usual Solemnity,
and Reign without taking any Oath, the same thing may be said of the People; a great many of whom never took the Oath of Allegiance. If the King by not taking an Oath be at Liberty, the People are so too. And that part of the People that has sworn, swore not to the King only, but to the Realm, and the Laws, by which the King came to his Crown; and no otherwise to the King, than wh•…
st he should
act according to those Laws, that the Common People,
that is, the House of Commons, should chuse; (quas Vulgus elegerit.)
For it were folly to alter the Phrase of our Law, and turn it into more genuine Latin. This Clause (Quas Vulgus elegerit;) Which the Com∣mons shall abuse, Charles
before he was Crown'd, pro∣cured to be razed out. But,
say you, without the King's assent the People can chuse no Laws;
and for this you cite two Statutes, viz. Anno 37 H. 6. Cap.
15. and 13 Edw. 4. Cap.
8. but those two Statutes are so far from appearing in our Statute-books, that in the years you mention, neither of those Kings enact∣ed any Laws at all. Go now and complain, That those Fugitives who pretended to furnish you with matter out of our Statutes, imposed upon you in it; and let other People in the mean time stand astonish'd at your Impudence and Vanity, who are not asham'd to pretend to be throughly vers'd in such Books, as it is so evident you have never look'd in∣to, nor so much as seen. And that Clause in the Coronation-Oath, which such a brazen-fac'd Brawler as you call fictitious, The King's Friends,
you say your self, acknowledge that it may possibly be extant in some Ancient Copies, but that it grew into disuse, because it had no convenient signification.
But for that very reason, did our Ancestors insert it in the Oath, that the Oath might have such a signification as would not be for a Tyrant's conveniency. If it had really grown into disuse, which yet is most false; there was the greater need of reviving it; but even that would have been to no purpose, according to your Doctrine: For that Custom of taking an Oath, as Kings now-adays generally use it, is no more,
you say, then a bare Ceremony.
And yet the King, when the Bishops were to be put down, pretended that he could not
do it by reason of that Oath. And consequently, that reverend and sacred Oath, as it serves for the Kings turn or not, must be solemn and binding, or an empty Ceremony. Which I earnestly entreat my Country-men to take notice of, and to consider what manner of a King they are like to have, if he ever 〈◊〉
back. For it would never have entred into the thoughts of this Rascally-foreign Grammarian to write a Discourse of the Rights of the Crown of England
unless both Charles Stuart
now in Banish∣ment▪ and tainted with his Fathers Principles, and those Pros•
igate Tutors that he has along with him, had indu•
uiously to suggested him what they would have writ. They dictated to him, That the whole Parliament were liable to be proceded against as Traitors, because they declar'd without the Kings Assent all them to be Traitors, who had taken up Arms against the Parlia∣ment of
England; and that the Parliaments were but the King's Vassals: That the Oath which our Kings take at their Coronations, is but a Ceremony:
And why not that a Vassal too? So that no reverence of Laws, no sacredness of an Oath, will be sufficient to protect your Lives and Fortunes, either from the Exorbi∣tance of a furious, or the Revenge of an exasperated Prince, who has been so instructed from his Cradle, as to think Laws, Religion, nay, and Oaths them∣selves ought to be subject to his Will and Pleasure. How much better is it, and more becoming your selves, if you desire Riches, Liberty, Peace, and Empire, to obtain them assuredly by your own Vir∣tue, Industry, Prudence, and Valour, than to long after, and hope for them in vain under the Rule of a King? They, who are of opinion that these things cannot be compass'd, but under a King, and a Lord; it cannot well be expressed how mean, how
base; I do not say, how unworthy thoughts they have of themselves; for in effect, what do they other than confess, that they themselves are lazy, weak, senseless, silly Persons, and fram'd for Slavery, both in Body and Mind? And indeed all manner of Sla∣very is scandalous and disgraceful to a freeborn inge∣nious Person; but for you, after you have recovered your lost Liberty by God's Assistance, and your own Arms; after the performance of so many valiant Ex∣ploits, and the making so remarkable an Example of a most Potent King, to desire to return again into a Condition of Bondage and Slavery, will not only be scandalous and disgraceful, but an impious and wicked thing; and equal to that of the Israelites,
who for desiring to return to the Egyptian
Slavery, were so severely punish'd for that sordid, slavish Temper of mind, and so many of them destroy'd by that God, who had been their Deliverer. But what say you now, who would perswade us to become Slaves? The King,
say you, had a Power of pardoning such as were guilty of Treason, and other Crimes; which evinces sufficiently, that the King himself was under no Law.
The King might indeed pardon Treason, not against the Kingdom, but against himself; and so may any body else pardon wrongs done to themselves; and he might, perhaps, pardon some other Offences, tho not always; but does that follow, because in some Cases he had the Right of saving a Malefactor's life, that therefore he must have a Right to destroy all good Men? If the King be impleaded in an inferior Court, he is not obliged to Answer, but by his Attorney: Does it therefore follow, that when he is summon'd by all his Subjects to appear in Parliament, he may chuse whether he will appear or no, and refuse to Answer in Person? You say, That we endeavour to
justify what we have done by the
and upon this occasion, fearing the loss of that Sti∣pend with which the Hollanders
seed such a Mur∣raine and Pest as you are, if by reviling the English,
you should consequentially reflect upon them that maintain you, you endeavour to demonstrate how un∣like their Actions and ours are.
The Comparison that you make betwixt them, I resolve to omit (tho many things in it are most false, and other things flattery all over, which yet you thought your self obliged to put down, to deserve your Pension.) For the English
think they need not alledge the Examples of Foreign∣ers for their Justification. They have Municipal Laws of their own, by which they have acted; Laws with relation to the matter in hand, the best in the World: They have the Examples of their An∣cestors, Great and Gallant Men for their imitation, who never gave way to the Exorbitant Power of Princes, and who have put many of them to Death, when their Government became insupportable. They were born free, they stand in need of no other Na∣tion, they can make what Laws they please for their own good Government. One Law in particular they have a great Veneration for, and a very Ancient one it is, enacted by Nature it self, That all Humane Laws, all Civil Right and Government must have a respect to the safety and welfare of good Men, and not be subject to the Lusts of Princes. From hence to the end of your Book, I find nothing but Rubbish and Trifles, pick'd out of the former Chapters; of which you have here raised so great a heap, that I cannot imagine what other design you could have in it, than to presage the ruin of your whole Fa∣brick. At last, after an infinite deal of tittle tatle, you make an end, calling God to witness, that you un∣dertook
the defence of this Cause, not only because you were desired so to do, but because your own Conscience told you, that you could not possibly undertake the Defence of a better.
Is it fit for you to intermed•
le with our matters, with which you have nothing to do, because you were desi∣red, when we our selves did not desire you? to reproach with contumelious and opprobrious language, and in a Printed Book, the Supreme Magistracy of the English
Nation, when according to the authority and power that they are entrusted with, they do but their duty within their own Jurisdiction, and all this without the least injury or provocation from them (for they did not so much as know that there was such a man in the world as you)? And I pray by whom were you desired? By your Wife, I suppose, who, they say, exercises a Kingly Right and Jurisdiction over you; and whenever she has a mind to it (as Ful∣via
is made to speak in that obscene Epigram, that you collected some Centoes
out of, Pag.
320.) cries, Either write, or let's fight;
That made you write per∣haps, lest the •
ignal should be given. Or were you asked by Charles
the Younger, and that pro•
ligate Gang of V•
gabond Courtiers, and like a second Ba∣laam
call'd upon by another Balak
to restore a desperate Cause by ill writing, that was lost by ill fighting? That may be; but there's this difference, for he was a wise understanding man, and rid upon an Ass that could speak, to curse the People of God: Thou art a very talkative Ass they self, and rid by a Woman, and being surrounded with the healed heads of the Bishops that heretofore thou hadst wounded, thou seem'st to represent that Beast in the Revelation.
But they say that a little after you had written this Book, you repented of what you had done. 'Tis well if it be so; and to make your repentance
publick, I think the best course that you can take will be, for this long Book that you have writ, to take a Halter, and make one long Letter of your self. So Judas Iscariot
repented, to whom you are like; and that young Charles
knew, which made him send you the Purse, Judas
his Badg; for he had heard be∣fore, and found afterward by experience, that you were an Apostate and a Devil. Judas
himself, and you betray his Church; you have taught heretofore that Bishops were Antichristian,
and you are now revolted to their party: You now under∣take the Defence of their Cause, whom formerly you damn'd to the pit of Hell: Christ delivered all men from Bondage, and you endeavour to enslave all man∣kind. Never question, since you have been such a Villain to God himself, his Church, and all mankind in general, but that the same fate attends you that befel your equal, out of despair rather than repen∣tance, to be weary of your life, and hang your self, and burst asunder as he did; and to send before-hand that faithless and treacherous Conscience of yours, that railing Conscience at good and holy men, to that place of torment that's parpared for you. And now I think, through God's assistance, I have finished the Work I undertook, to wit, the defence of the Noble Actions of my Country-men at home and abroad, against the raging and envious madness of this di∣stracted Sophister; and the asserting of the common Rights of the People against the unjust domination of Kings, not out of any hatred to Kings, but Tyrants: Nor have I wittingly left unanswered any one argu∣ment alledged by my adversary, nor any one exam∣ple or authority quoted by him, that seem'd to have any force in it, or the least colour of an argument. Perhaps I have been guilty rather of the other ex∣treme,
of replying to some of his fooleries and tri∣fles, as if they were solid arguments, and thereby may seem to have attributed more to them than they deserved. One thing yet remains to be done, which perhaps is of the greatest concern of all, and that is, That you, my Country-men, refute this adversary of yours your selves; which I do not see any other means of your effecting, than by a constant endea∣vour to out-do all men's bad words by your own good deeds. When you laboured under more sorts of op∣pression than one, you betook your selves to God for refuge, and he was graciously pleased to hear your most earnest Prayers and Desires. He has gloriously delivered you, the first of Nations, from the two greatest mischiefs of this life, and most pernicious to Vertue, Tyranny and Superstition; he has endued you with greatness of mind, to be first of mankind, who after having conquered their own King, and ha∣ving had him delivered into their hands, have not scrupled to condemn him Judicially, and pursuant to that Sentence of Condemnation, to put him to death. After the performing so Glorious an Action as this, you ought to do nothing that's mean and little, not so much as to think of, much less to do any thing but what is great and sublime. Which to attain to, this is, your only way; As you have subdued your Enemies in Field, so to make appear, that unarmed, and in the highest outward peace and tranquility, you of all mankind are best able to subdue Ambition, Avarice, the love of Riches, and can best avoid the corruptions that Prosperity is apt to introduce; (which generally subdue and triumph over other Nations) to show as great Justice, Temperance and Moderation in the maintaining your Liberty, as you have shown courage in freeing your selves from slavery.
These are the only Arguments by which you will be able to evince that you are not such persons as this fellow represents you, Traytors, Robbers, Murderers, Par•icides, Mad-men;
that you did not put your King to death out of any ambitious design, or a desire of invading the Rights of others, not out of any sedi∣tious Principles or sinister ends; that it was not an act of fury or madness; but that it was wholly out of love to your Liberty, your Religion, to Justice, Vertue, and your Countrey, that you punished a Ty∣rant. But if it should fall out otherwise (which God forbid) if as you have been valiant in War, you should grow debauch'd in Peace, you that have had such visible demonstrations of the Goodness of God to your selves, and his Wrath against your Ene∣mies; and that you should not have learned by so eminent, so remarkable an example before your eyes, to fear God, and work Righteousness, for my part, I shall easily grant and confess (for I cannot deny it) whatever ill men may speak or think of you, to be very true. And you will find in a little time, That God's Displeasure against you, will be greater th•
n it has yet been against your Adversaries, greater than his Grace and Favour has been to your selves, which you have had larger experience of, than any other Nation under Heaven.