Justice vindicated from the false fucus [i.e. focus] put upon it, by [brace] Thomas White gent., Mr. Thomas Hobbs, and Hugo Grotius as also elements of power & subjection, wherein is demonstrated the cause of all humane, Christian, and legal society : and as a previous introduction to these, is shewed, the method by which men must necessarily attain arts & sciences / by Roger Coke.

CHAP. III. Of the Attributes of Regal power, and incidently of the Power of Magistrates.

1. WHo hath the Supreme power, hath the sword of Justice to punish * 1.1 them who transgress Laws, and endeavour to cause sedition: He is the Minister of God to thee for good; but if thou do that which is evil, be afraid, for he beareth not the sword in vain; for he is the Minister of God, a revenger to execute wrath upon him that doth evil, Rom. 13. 4. And Gods rod in his hand, Exod. 17. 9.

2. The end of all Government is, either to preserve the governed in∣wardly * 1.2 in peace, or to defend them from the outward violence and oppo∣sition of others. In vain therefore should Government be, if he who hath the Supreme power, may not as well defend Subjects from the violence of others outwardly, as to preserve them from factions and feditions within. And this power God gave to Moses, Joshuah, David, and all the Kings of Judah; nor can any King be a Supreme Prince without it, nor the governed in a probable condition of hoping for preservation from it.

3. Judgment is the determining of a good or bad action, which can∣not * 1.3 be in any who is subject to another. What therefore could be a more subtile temptation of the Devil to our first Parents, then to tell them, Gen. 3. 5. that by eating the forbidden fruit, they should be like to God, knowing good and evil. Solomon, as the most requisite thing, prays to God, that he would give him an understanding heart, that he might be able to judge be∣tween good and bad, 1 King. 3. 9. And, The King by judgment establisheth the land, Pro. 29. 4. And, Give the King thy judgments, O God, and thy righteousness to the Kings Son, that he may judge the people according to right, and defend the poor, Psal. 72. 1, 2.

4. The right of making Laws is with him: The Scepter shall not depart * 1.4 from Judah, nor a Lawgiver from between his feet, until Shilo come, Gen. 49. 10. Submit your selves therefore to every ordinance of man for the Lords sake, whether it be to the King as Supreme, 1 Pet. 2. 12. And this is the onely visible means by which Subjects may become safe, rich and happy.

5. In punishment, Equals cannot judge Equals, much less can Inferiors * 1.5 judge Superiors: But a Supreme Prince cannot have an Equal, much less a Superior; therefore a Supreme Prince cannot be punished. If a Supreme Prince might be punished for any thing he doth, then cannot he do any thing but he will be liable to punishment for so doing: For, what property can he give to one, which will not offend some other? Nor did the veriest Thief or Murderer ever suffer punishment, but some of his Comrades would seek revenge, and if they might, would punish the Lawgiver. Besides, who shall judge his Prince? If any one, then every one may. Let no man there∣fore be hasty to go out of his sight, nor stand in an evil thing, for he doth what∣soever pleaseth him. Where the word of a King is, there is power, and who shall say unto him, what doest thou? Eccles. 8. 3, 4. The Lord forbid that I should do this thing unto my Master the Lords Anointed, to stretch forth my hand against him, seeing he is the Lords Anointed, 1 Sam. 24. 6.

It may seem to some, that this unlimited power of doing any thing * 1.6 with impunity, will only beget a confidence in Kings of doing what they list, without ever taking care of their duty in preserving their Subjects from intestine broils and factions, and from the outward force and violence of their Enemies; whereas (more narrowly looked into) no men are so subject to care, and have their wills less then they: For, private men, if they do any thing in their passion, their fame and fortunes are alike, neither much removed from their persons, few take notice of it: But they who are set in high place, all men take notice of their actions. In the greatest Fortune therefore, is the least Liberty; and that which in other men is termed Anger, in them is called Pride and Tyranny. Besides, in private men it is enough that they themselves do well; but Princes must have a care, that neither they, nor their Ministers do ill.

6. Tibi soli peccavi, says the Psalmist, Psal. 50. Humane Laws are the * 1.7 organs or instruments of the Power that governeth; they cannot therefore extend themselves to bind him from whom they are derived; for, Omnis potentia activa, est principium transmutandi aliud. Besides, the Prince may free other men from the obligation of the Laws, and therefore much more himself: And if Supreme Princes were obliged by their own Laws, then were Humane Laws, as well as the Laws of Nature, eternal and immutable, which is absurd; nor could Humane Laws protect Subjects, when any thing happens (which comes to pass every day) that was not foreseen at the making of the Laws. Humane Laws are made to oblige and preserve the governed, necessitate coactionis; but they cannot have any obligation upon Lawgiver who is the Supreme power, unless a man will grant that an Effect may be prime and superior to the Cause. Nor were ever other Govern∣ments subject to their own Laws. * 1.8

7. No Subject hath any Property (except Ecclesiasticks) but by the Laws of his Country: But by the precedent Proposition, no Supreme Prince can be obliged by his own Laws, and therefore no Subject can have property against him. If any Subject had property against the Supreme

power, then could not the Supreme power impose a Forfeiture of Goods in case of Praemunire, Attaint, Conviction of Treason or Felony: But the Consequence is false, and therefore the Antecedent is false, That any man hath any property against the Supreme power. Besides, there could no Fine, nor Fine and Recovery be levied or suffered, if he in Reversion or Remainder had property against the Supreme power: Nor could an Act of Parliament enable Tenant for life to make sale of his Estate.

It is remarkable, that the Children of Israel should not be content to * 1.9 have God to reign over them immediately, who did himself give them Laws, being enquired of by the High-Priest. Samuel might well say therefore unto them, Ye shall cry in that day because of your King, which (not ye shall choose, but which) ye shall have chosen you, and the Lord shall not hear you in that day, 1 Sam. 8. 18. For Gods ways and actions are always perfect, whereas by the reason of humane frailty, the best mans actions are subject to imperfections. But if it seems grievous to any man, that he holds his goods at the will of another; let him consider, that God, since Adam, did never give any Nation (but only the Children of Israel) Property, but always used the mediation of his Vicegerents: And since Property must be derived from some Humane act, (for the Law of Nature gives none but to Supreme Princes; and therefore the possessions of Kings are called Sacra patrimonia, because Kings have no Superior but God Almighty: Proedium Domini Regis est directum dominium, cujus nullus Author est nisi Deus.) How * 1.10 much better is it for Subjects to hold of one Man, then of many? For no∣thing can be objected against one, but will have more force against many: And let any man shew me in these last five hundred years, any Subjects estate taken from him without due and legal proceeding, by the act of any of the Kings of England; and I will shew him five hundred, who not being liable to any punishment by Law, have been ruined themselves and their families in seven years, and that for observing the Laws, and against the will of the King.

Obj. But many Actions have been brought against the King; which, if no * 1.11 man hath Property against him, may seem inconsistent.

Answ. But the question here is not, what the King may do, but what he hath done; Not what the King may declare Law, but what he hath already de∣clared Law.

8. Majesty is from the Law of Nature immediately; but the power * 1.12 of Magistrates is not so, but mediately, that is, from him who hath the Supreme power. Magistracie is the instrument or organ by which Majesty is conveyed to every place, whither its own power is extended: And as Majesty is restrained to the Laws of Nature, and is accountable to God for all the omissions and transgressions of them; so Magistrates are restrained to Humane Laws, and ought to give an account of their actions to him that hath the Supreme power. And as no man can offer violence or contempt to Humane Majesty, but it is a contempt and violence to the Majesty of Heaven; so no man can offer violence to, or contemn Magistrates, but it is done to Humane Majesty, from whence their authority is derived. Wherefore Subjects must submit to Governors who are sent by Kings, 1 Pet. 2. 14.

By this Proposition it is evident, that although Supreme power can∣not * 1.13 be divided, yet the exercise of it may: For where a King is an Enfant,

he cannot exercise his power, who can neither act any thing, nor expres what he would have done; nay it is impossible for the best and wisest King that ever was, to exercise his power every where; for one body can be but in one place at once, though the power thereof may be diffused every where, as the light and influence of the Sun is diffused every where, although the body of it can be but in one place: And the exercise of power by Magistrates, is like Gods governing the world by natural causes, who being the first Mover of all things, produceth natural effects by the order of second causes. Jethro his counsel to Moses therefore is to be taken; Thou wilt surely weare away, both thou, and this people that is with thee: for this thing is too heavy for thee; thou art not able to perform it thy self alone. Exod. 18. 18.

9. Quando lex aliquid alicui concedit, concedere videtur & id, sine quo res * 1.14 ipsa esse non potest; where any Law Divine or Humane, does give any thing, it gives all the means, by which this otherwise could not be had. And that God by the Law of Nature has given Kings a power to protect their Sub∣jects, we have sufficiently demonstrated; but it is impossible Princes should protect and govern their Subjects, if they might not rule their actions. Now all actions and motions are either regular or irregular: All regular motions and actions may be reduced to one certain beginning; where the beginning is not one, and certain, there they may be called commotions or con∣fusions, rather then motions or regular actions. But all Assemblies are mo∣tions, and therefore they must be reduceable to some one certain principle, or they are irregular or commotions: If then Christian Princes have not a right of calling Assemblies, but others as well as they; then must it either necessa∣rily follow that Christian Princes have not power sufficient to govern and protect their Subjects, and that their Subjects motions cannot be regular and orderly, but confounded and irregular, and so the law of nature, and the end for which God ordained Princes, inverted. For my part, I will not dispute the Power of God in the planting of the Church, either under the old or new Law, how that he did dispence with the actions and motions of his People and Ministers, and set Father against Son, &c. and that to make his Power known, he would plant his Church, notwithstanding all Temporal Powers whatsoever: but this I do affirm, that God after the de∣liverance of the Israelites out of Egypt, did give to Moses only this right of calling Assemblies, as appears clearly by Numb. 10. 2. for only to him is the charge of making the Trumpets to call the congregation together; It is true, that vers. 8. the sons of Aaron shall blow with their Trumpets. but neither Aaron nor the Priests had any Power to make them, but only Moses; they must therefore have them from him, and be his Instruments; and this Power was given to Moses as the supreme Magistrate, and not as High Priest, for Aaron was then High Priest, being before consecrated, Levit. 8. Nor was this Right given personally to Moses, but as a Law to last for ever. If any allegation be made against Moses because he was a Priest, it must cease with Ioshua and the Kings after him, who were none; for Ioshua by virtue of this ever lasting Law did call an Assembly of all the Tribes, and there∣fore of Levi, to Sichem, and vers. 28. dissolved it. After him did David, * 1.15 call the High Priest, and other Priests, not to consult of any secular affair, but about the removing the Ark; and afterward, 1 Chron. 23. 2. he gathered together all the Lords of Israel, with the Priests and Levites; and as he called them together, so his dismissed them, 1 Chron. 16. 43. The like did Solo∣mon

when the Temple was dedicated, called the Assembly, 2 Chron, 5. 2. dissolved it, cap. 7. 10. The like did Asa, when Religion was restored, and a solemn Oath of association for the restoring of it. Jehosophat did it when * 1.16 he proclaimed a publick Fast, 2 Chron. 20. 3. Jehu assembled them, when a solemn Sacrifice was to be performed. Joash, in a case of Dilapidations. Josias, when the Temple was to be purified, and a mass of superstition to be removed. Hezekiah made a law for the Priests and all their brethren to assemble, and in conformity to that law they did assemble; nor was this * 1.17 Assembly for any other thing then to cleanse the house of God, and for the affairs of the service of God, being things meerly spiritual. And since that God hath promised, that Kings shall be nursing fathers, and Queens nursing mothers to his Church, it must be meant of Christian Kings; for this could not be of Josias, because he was a King at the time of this prophecy, or before; it could not therefore be meant of him, for the prophecy is de fu∣turo, Kings shall be, &c. Nor could it be meant of the Kings of Judah after him, for they were all Idolaters, and persecutors of Gods Church. It was therefore meant of Christian Kings: And how Kings can be Kings or Su∣preme powers, without this right, I do not understand: Nor can that say∣ing of our Saviour's causing of wars and distraction, be otherwise reason∣ably understood, but only where Kings and Supreme powers have not re∣ceived the Faith. And that Christian Kings did generally exercise this power after they became Christians, we shall shew hereafter.

10. He is a rightful Supreme Governor, who is a Sword-bearer, that is, * 1.18 whom God hath chosen to be his Minister; who hath not taken the sword, excited thereunto neither from any ambitious or spightful passion or affecti∣on, either of himself or other men: That may make, and abrogate Laws, determine all Controversies by himself or such Judges as he shall appoint, choose Magistrates and Councellors, and in whom is the power of making War and Peace. Nor did God give Kings to them only over whom he did reign by Covenant, but also to Heathens who had not known him; as to the Persians, Syrians, Assyrians, &c. he gave Cyrus, Hazael, Nebuchad∣nezzar, &c. And all antique History speaks only of the Government by Kings; as Justin says, Principio rerum, gentium, nationumque imperium penes Reges erat; before any other Government was usurped and made by Men.

11. He is a Tyrant, who is a Sword-taker; who in stead of executing * 1.19 the wrath of God upon offenders, against all Law kills and murders them who are not of his own faction; who hath no power from God, but only force from the wills of inconstant and seditious men. As Hos. 8. 4. says, They have set up Kings, but not by me; they have made Princes, and I knew it not. Nor is it the Command of One, which makes Tyranny: The Grecians themselves called the Council of the Thirty, after the Athenians were sub∣dued by the Lacedemonians, the Thirty Tyrants of Athens.

I am confident there was never any thing so wildly and variously * 1.20 ghessed at, as the manner how Dominion and Power came into the world, by those men who derive all power from the People originally. Bodin, cap. 6. de Rep. p. 46. makes all Dominion to be gotten at first by force; and pag. 46. d. he says, It is very like, that without greatest force and break∣ing down the Laws of Nature, Liberty could not be taken away. And many men will not distinguish between Force and Power, but only in the

possession. And sure Athaliah was as much possessed of the Crown of Judah, and as quietly as any King before or after her, for six years; and yet I do not find Jehojadah or the people reprehended for restoring Joash. And the children of Israel did not rebel, while they could quietly place * 1.21 Jeroboam over them; but Jeroboam was declared a Rebel, after he was possessed.

12. When they over whom God hath given power, shall submit them∣selves * 1.22 to that power, this is a rightful Government: When all who owe their subjection, shall accept and receive the Laws of him, who by Right (that is, by Birth, Revelation, Lot, First possession, or just Conquest) ought to command. As the Children of Israel answered Joshua; All that thou commandest we will do, and whithersoever thou sendest we will go: Accord∣ing as we hearkened unto Moses in all things, so will we unto thee; only the Lord thy God be with thee, as he was with Moses: Whosoever he be that does rebel against thy commandment, and will not hearken unto thy words in all that thou commandest him, he shall be put to death. Jos. 1. 16, 17, 18.

13. Anarchy is like a vacuum in Nature; so abhorrent, that the World * 1.23 will rather return into Chaos, then suffer it. And therefore Cicero, lib. 3. de legibus, says truly, Sine imperio neque domus ulla, nec civitas, nec gens, nec hominum universum genus stare, nec ipse denique mundus, potest. 'Tis no wonder therefore if seditious men, when they have put themselves out of power, are glad to submit to Tyranny, rather then be overwhelmed with the Chaos and confusion of Anarchy.

Yet it is said Judg. 17. 6. & 21. 25. In those days there was no King in * 1.24 Israel, but every man did what was right in his own eyes: So it may seem that men may subsist in an Anarchy. It is true indeed, there was no man that was King in those days in Israel; nor was there then that absolute necessity of one; for God had given them Property, and did govern the Israelites, and they did enquire judgment of God, who did answer, cap. 20. 18. And men did in those dayes commerce and exchange one with another; which is evident by Micha's contracting with her Levite-Priest, for ten shekels of silver by the year, a suit of apparel, and his victual, ch. 17. 10.

14. Princes do transgress their power, when they command any * 1.25 thing contrary to what God hath commanded, or derogatory to the wor∣ship and service of God; when they make unjust War; when they pro∣nounce Judgment not according to the declared and known Laws, but punish either by passion, or to please factious men, as in the Earl of Straffords Case; or pass sentence against one unheard, as in Cromwell Earl of Essex his Case.

I say, not punish upon passion, or to please men: For as the state of * 1.26 affairs may be stated, Princes may punish, though not in a Judicial manner; as when Subjects are in Arms against their Soveraign. Nor do I think that any uninterested Casuist will deny, that Henry the Third of France did justly put Henry Duke of Guise to death, though not judicially; the Duke having taken Arms against him, and made him flie out of Paris, fomented seditions against him, and taken pensions of the King of Spain to maintain war in France, and become so popular, as the King had no means to proceed le∣gally against him.

15. * 1.27 The perfection of Government consists first and chiefly, that the Governor have a perfect and indubitable Title, against which no just ex∣ception

can be taken. Secondly, that the Governor makes it his chiefest care, that the Religion, or Worship and Service of God be duly administred. And thirdly, that he does endeavor by known and established Laws to ad∣minister Judgment and Justice indifferently to his Subjects, with careful moderation of the severity of the Laws, whereas men by no fault of theirs incur the severity of them. And lastly, by all just and due means to endeavor the preservation of his Subjects from the oppression and violence of Forein∣ers, and to maintain Peace and Commerce with his neighboring Nations. Such was our Government before our unhappy differences; and such by Gods grace do I hope to see it again.

16. It were a fine may-game to be a King, if Kings might make their * 1.28 Will the rule of their actions. It is true indeed, God hath not in all things commanded Kings what Laws they shall govern their Subjects by: yet this natural law are all Princes obliged to, that their Laws by which they govern do more relate to the good of their Subjects in general, then their own par∣ticular interest: And no question but a King commits a more grievous sin doing any unjust thing to any of his Subjects, then if another had done it, in regard of the relations which are between them; as a Fathers doing an unjust thing to his Child, is a greater sin then if another had done it, by how much by the Law of Nature he ought to have done well to his Child, rather then another. Princes therefore by the Law of Nature, in governing, ought to have more respect to the general good of their Subjects, then their own particular interest. Yet is Magnificence a Royal virtue; and therefore ought not the Revenues of the Crown to be parted with, by which it should be maintained: Nor would it conduce to the benefit of the Subjects in ge∣neral, to make the Revenues of the Crown poor: Where Majesty grows contemptible, the exercise of Regal power is never permanent. Princes therefore ought to have a great care, that by their vices, prodigality of the Revenues of the Crown, remiss governing, or by so giving it over to others that they so much neglect it in themselves, as to make themselves vile and contemptible.

17. Though God hath not commanded Kings in all things, what are * 1.29 the Laws by which they shall govern; and therefore divers Kings govern their Subjects by several Laws, as their Subjects differ in nature and man∣ners: Yet hath he forbidden all Kings to make Laws derogatory to his Divine Majesty. Samuel therefore threatens Saul, as well as the Israelites, that if he or they disobey God, and do wickedly, they shall perish both they and their King. And it was to Saul that God said, that Rebellion was as the sin of witchcraft, and stubborness as the wickedness of idolatry. Nor was the sin of the Israelites in committing idolatry, under the Kings of Judah and Israel, the less, though the King commanded it: Nor did God scarce * 1.30 ever shew a greater miracle, then in delivering the Three Children, and Daniel, disobeying the Kings wicked commandment. Princes therefore ought not to be obeyed in commanding things derogatory to the Majesty of God.

18. Nor ought Princes to be obeyed, when they command any thing * 1.31 contrary to Religion; for, The kingdom of Heaven and the righteousness thereof is first to be sought: But the kingdom of Heaven is only to be sought by Faith and Religion. Daniel therefore sinned not, when he obeyed not Darius in praying to God. Nor do all our Parliamentary Laws add any thing to

the obligation of mens worship and service of God, in the Unity and Form of the Church of England; for men were as much obliged in Conscience before such Laws, as after. Not but that Kings ought to have as great, or greater care of preserving unity and peace in Gods Church, as in their Temporal Dominions; and therefore may punish disturbers of the peace of the Church, as well as the State: Yet when the Temporal Magistrate shall arrogate to himself a power which our Saviour only left to his Church, and make all Ecclesiastical rights and constitutions depending and subordinate to the Civil, whereby the Enemies of our Church have taxed our Religion not for Christian, but Parliamentary; no doubt but it is a crying sin, and I wish there had never been any such thing among us.

19. And as God is to be obeyed before men, in all things which con∣cern * 1.32 Faith and Religion; so in the observance of the Laws of Nature, is God to be obeyed before men. As if a King commands me to dishonor my parents, this can be but a Humane law; but to honor my parents, is a law which God hath written in my heart, and therefore ought to be preferred. If a King commands his Subjects to dishonor him, or to deny obedience to him, this is but a Humane law; whereas by the law of Nature I ought to honor and obey my King: I therefore ought not to obey such a law. Amurath the Second of that name, King of the Turks, upon a Vow resigned his Kingdom to his son Mahomet; yet upon the League made by Uladislaus King of Pole and Hungary, with other Christian Princes against him, he re∣sumed his Regal authority, and so kept it until his death: And so might Charls the Fifth, if he had pleased; nor was Philip any other then an In∣strument of his Fathers, during his Fathers life.

The King makes a Law, giving the succession of the Crown from the right Heir: This ought not to be received; for Princes inherit by a higher Law then Humane.

20. The King commands a Judge to pervert Judgment; the Judge * 1.33 ought to give true Judgment; for all Humane Laws (in peaceable times) ought to be â priori, and proclaimed that all men after such a time should observe them. This verbal command of the King wanting this formality, and it being impossible for the Judge to observe both these commands; he ought, notwithstanding this verbal command, to give Judgment ac∣cording to Law.

The King, when there is no necessity or publick danger, commands me * 1.34 who am no publick Executioner, without any Judicial sentence to put a man to death, for which he can make no compensation: As Davids com∣manding Joab to murder Uriah; although we find David only reprehended and punished therefore, yet sure if Joab had not fulfilled Davids wicked command, he had not sinned.

But you may object, Who shall judge whether this thing commanded be repugnant to Gods Majesty, Mans faith, Religion, or the Law of Nature; the King, or the Subject? I say, though the Subject hath not an equal right of judging with the King, whether this thing should be a Law, or not; yet every Subject hath a Conscience, as well as the King, which must dictate * 1.35 to him whether he ought to do, or not to do such a thing.

21. But if the King commands things contrary to Gods Majesty, and Divine Laws, ought he not to be obeyed in those things which do not con∣tradict them? It is so mad and wild an objection, as it is scarce worth an

answering; unless a man will affirm, that my doing of an act which I ought not to have done, does divest me of Humane nature; or that a Fathers or Masters commanding his Son or Servant what he ought not, doth annihi∣late the relations of Father and Son, Master and Servant; or that Humane acts may dissolve Humane relations. A Prince therefore ought to be obeyed in those things which he ought to command as Prince, although he com∣mand such things as he ought not.

22. It may be it will be objected, That Temporal punishments being * 1.36 the usual concomitants for not observing Humane Laws, a good and con∣scientious man may be punished for what he ought not to have done. I say, his case is the same with his Lords and Saviours, and all those blessed and glorious primitive Christians and Martyrs, who suffered for the testi∣mony of a good conscience. Nor hath God made Heaven so easie a prize, that it should be always won easily and delicately, but many times by suffer∣ing and martyrdom.

23. It is the most usual thing with seditious men, before they enter * 1.37 into open sedition, to prepare mens mindes with certain Cases, wherein Princes commanding things derogatory to Gods Honor, or the Subjects Liberty, that then in the preservation of themselves, and Gods honor, they ought to defend themselves from the raging Tyrannie of Princes; and to be sure, that whatsoever they command, these good men will judge con∣trary to Gods Honor, and the Liberty of the Subject.

It is worth the while, if a mans patience will give him leave, to look back upon the thing calling it self Parliament: how after they had made the King grant whatsoever they could think might be beneficial to the Subjects, (though I might be sworne they never intended (as plainly ap∣peared afterward) the good, benefit, or liberty of the Subject;) what pious ways they invented to make themselves great, and so good a Prince no∣thing, and odious to his Subjects: As the demanding of six men, holding intelligence with his Subjects who had been in open hostility and rebellion against him, (an affront not to be endured by any King) to an ordinary and Legal Trial; this was not only denied, but Voted a Breach of the Priviledge of Parliament; whenas the Priviledge of Parliament extends not to so much as breach of the Peace, much less to Treason. They pretend (though most falsly) that in case of extreme danger and necessity, the Militia is in the Parliament, meaning themselves, excluding the King: And then create Dangers, and write Letters how great Fleets of Danes, Swedes, Hollanders, &c. were seen at Sea; (It must be from Westminster then, for there were the Letters written, and the Fleets never since heard of.) Then, permit, if not command the most insufferable affronts and indignities that ever were offered to Majesty; yet if the King but offers to increase his Guard, this is Voted no less then a raising of War against his Parlia∣ment and Subjects: whilst all the while, against the Lex & consuetudo Parlia∣menti, * 1.38 without any cause moving them, they maintain an illegal Rout of men for their Guard, and go armed themselves. Nay, what needs a man instance particulars? All the Kings commands in prosecution of the Laws, were Voted breaches of the Priviledges of Parliament, and the Liberties of the Subject. We will therefore shew that this Assertion is not only con∣trary to all Faith in both Testaments, but also destructive to all Humane Society.

24. There is no man sure will deny, but that Saul did unjustly persecute * 1.39 David, with an intention to take away his life: Yet when David might twice have resisted Saul, and taken away his life, 1 Sam. cap. 24 & cap. 26. he refused to do it; and the reason was, because he was the Lords Anointed; And who can lay his hand upon the Lords Anointed, and be guiltless? &c. Nebuchadnezzar King of the Assyrians, not only destroyed the land of Pa∣lestine with fire and sword; not only destroyed Jorusalem, laying it level with the ground, burnt the Temple, carried all things consecrated and dedicated to Gods service, to Babylon, converting them to prophane uses; not only killed their King, carried the Jews themselves into most miserable servitude, but also to the contumely and dishonor of Gods Majesty, erected an Image to be divinely adored, upon no less penalty then to be thrown in∣to the fiery fornace: Yet were these most holy men, Shadrach, Meshach, and * 1.40 Abednego, so far from resisting the King, though they could not obey him, that they patiently submitted themselves to the fornace, made seven times hotter for their sakes; and the blessed men were so far from seeking re∣venge, that upon Gods denouncing judgment to Nebuchadnezzar in a dream, Daniel (whose mischief was no whit less intended) prayeth that the dream might be to them who hate his Lord, and the interpretation thereof to his adversaries. Far unlike to the spirit of Calvin, who com∣menting upon Daniel, makes Kings to divest themselves of all power, when they command in dishonor to God; and to spit upon their heads rather then obey them, &c. And though Nebuchadnezzar were so wicked, yet being * 1.41 a King, Gods calls him his servant.

25. S. Peter teacheth, that it is thanksworthy, if a man for conscience * 1.42 towards God endure grief, and suffer wrong undeservedly: For what praise is it, if when we be buffeted for our faults, we take it patiently? But if when we do well, we suffer wrong, and shall take it patiently, then is there thank with God. For hereunto were we called; for Christ also suffered for us, leaving us an example that we should follow his steps, who did no sin, neither was guile found in his mouth; who when he was reviled, reviled not again, when he suffered, he threatned not, but committed the vengeance to him that judgeth righteously. What more plain lesson can be given to Christians to suffer, and not to resist Princes, for the testimony of a good Conscience? And if ever man had just cause to resist, then had our Saviour, and S. Peter in his defence; yet would not our Saviour allow it, but tells him, that whoso takes the sword, * 1.43 shall perish by the sword.

26. That which I as a private man may assume to my self as a man, * 1.44 is due to another as a man; otherwise it were a great arrogance in me, to allow that to my self, which I condemn in another. But if I may ascribe to my self a power of judging when I may resist my Prince, then ought I to allow it in another; and so by consequence, every man should have a power of judg∣ing how long he shall continue in obedience, and not resist his Soveraign. Now what Society there can be, where any man may make himself free from all Humane Laws (without which there can be no Society) and resist them when he sees occasion, (for where men may resist, there can be no sub∣jection) let any man judge. Nay, where men did ever ascribe to themselves a right or power of resisting their Soveraigns, they did never stay there, but made all the unjust usurpation and hostile invasion they could upon them who continued in obedience to their Prince: And what Law of God,

or Man, or Rule of Society, gives me a liberty to kill and murder innocent men, because I have sinned in resisting where I ought not. By our Country-Laws, if a man assaulted another, who goeth back to some hedge, ditch, or wall, &c. beyond which he cannot pass, and then in his own defence kills the assaulter; yet such a tender care had the Common-Law of a mans life, that though this were done by inevitable necessity in the preservation of an innocent mans life, that he should have suffered death therefore: And though by the Statute of Glocester he shall save his life, yet he shall forfeit his goods and chattels. Nor is this damnable opinion of resisting Princes, * 1.45 less destructive to other men then the Assertors: For why may not any man do that to them, which they of themselves have done to their rightful Soveraign, and his obedient Subjects?

27. It is Humanum errare; Fallibility is concomitant with humane * 1.46 nature: And no doubt but Princes, being men, are subject to humane frailty. Yet as Humane Laws will admit of (although not intend) a mis∣chief to particular men, rather then endure an Inconvenience; so the Laws of Nature will admit of many things contrary to Nature, rather then endure a Vacuity. I say therefore, that there are many things so inherent in the Prince individually, that they are incommunicable to any other: And therefore the Prince offending herein either through humane frailty, or passion; yet if he command unjustly, the sin is his in so commanding, and not the Subjects in obeying. As if a Prince makes unjust War, yet if the Subject obey him, it is not the Subjects sin in obeying, but the Princes in making such a War: For if Subjects might judge whether a War were justly undertaken, or not, and so be freed from his obedience, when he would judge it unlawful; then any, or all Subjects, either through fear or faction, might desert their Prince in any War, and so the Prince left destitute of protecting himself or Subjects; whenas Salus populi est suprema lex; and of this is the Prince the sole and individual Judge. If Princes give unjust Judgment, the Executioners of Judgment ought to execute the Sentence although unjust; for they are not obliged to take notice of the Injustice of the Sentence, but of the Sentence. The Act of Parliament against Cromwell Earl of Essex did oblige, although unjust; he being in peaceable times, * 1.47 without any urgent necessity, condemned unheard; yet was it no sin in the Executioner to execute it.

28. Monarchy is, where the Empire or power of governing is in one * 1.48 Person, from whom all Humane Laws, Magistracie, and Protection of Subjects is to be expected.

29. Hereditary Monarchy is, where this Right, Title or Empire de∣scends * 1.49 to the Heir General, or Male; and this latter is proper only to France, and that by a pretended Salique Law.

30. Delegata potestas non potest participari: No man can participate, * 1.50 much less alien the power which he is intrusted with: But supreme power is delegate from God to every Prince; and therefore no Prince can give, sell, or bequeath his power to any other. The King is Gods Lieu∣tenant upon earth, Coke 3 par. Inst. cap. Deodands, fol 57.

31. It may be the Electors are the Instruments by which the Elected * 1.51 King or Monarch receives his power; but I do not understand how such a King can be a Supreme Prince. Yet this by the way: Neither now nor here∣tofore was ever such Prince chosen either by the people in general, or by the Masters in families, nor the Electors chosen by them.

32. Aristocracy is when a company of men met in Councel, ascribe * 1.52 to themselves whatsoever power is due to any rightful Monarch, not being chosen by the people in general, but have places either by birth, or as they are chosen by the Council, such is the state of Venice, such were the Roman Senate, and Ephori of Lacedemon.

33. Democracy is, when they who being free of the City, do meet at a * 1.53 time and place appointed, where they choose Ministers and Officers, make and alter laws, and do whatsoever they think good, or what shall appear good to them, as represented to them by popular Orators: But because busi∣ness might so fall out, that there might be a necessity of making War or Peace, raising mony for defence of the Commonwealth, &c. besides the times and places appointed, the Athenian Archon, and Tribunes of the Roman people had liberty given them to assemble the people when they thought fit: I think no man can well tell whether the Roman Government before Caesars dictatorship were Democratical or Aristocratical: For though men might appeale from the Consuls to the Tribunes, yet by an Act of the Senate after the suppressing of the Gracchi, the Consuls might provide that the Common∣wealth should receive no detriment, which is as general and high a power as can be given: No wonder then if Marius pretending the power of the Common wealth, and Sylla the authority of the Senate, should reduce both Rome and Senate to so lamentable a condition; and that Julius Cesar assisted by Lucius Antonius and Quintus Curio the Tribunes of the people, and Pompey by the Senate, should raise such War and commotion every where, to the utter subversion of the absolute power (as they called it) both of Senate and people.

Notes

• * 1.1

  The sword of Justice is his, who hath the Supreme power.
• * 1.2

  The power of making War and Peace, belongs to the Supreme power.
• * 1.3

  All Judgment is with him.
• * 1.4

  Jus legislati∣vum penes eum.
• * 1.5

  That he does all things without pu∣nishment.
• * 1.6

  Annot.
• * 1.7

  The Supreme power is not obliged by his own Laws.
• * 1.8

  No man hath any thing pro∣per against the Supreme power.
• * 1.9

  Annot.
• * 1.10

  Sir Ed. Co. Com. on Lit. p. 1. 6.
• * 1.11

  Annot. 2.
• * 1.12

  Power of Ma∣gistrates from him.
• * 1.13

  Annot.
• * 1.14

  The Right of calling Assem∣blies belongs to Christian Kings.
• * 1.15

  Joshua. 24. 18. 1 Chro. 15. 4. 11.
• * 1.16

  1 Chro. 15. 2 King. 10. 20. 2 Chro. 34. 29, 30. 2 Chro. 29.
• * 1.17

  v. 15.
• * 1.18

  Who is aright∣ful Supreme Governor.
• * 1.19

  Who is a Tyrant.
• * 1.20

  Annot. 1.
• * 1.21

  2 Chro. 13. 7.
• * 1.22

  What is a rightful Go∣vernment.
• * 1.23

  The state of Man out of power, is Ty∣ranny.
• * 1.24

  Annot.
• * 1.25

  Wherein Princes do transgress their power.
• * 1.26

  Annot.
• * 1.27

  How careful Princes ought to be in com∣manding, or making of Laws.
• * 1.28

  How careful Princes ought to be in com∣manding, or making Laws.
• * 1.29

  Princes ought not to be o∣beyed, when they com∣mand in dero∣gation of Gods Majesty. 1 Sam. 12. 14. vers. 25.
• * 1.30

  1 Sam. 15. 23.
• * 1.31

  Or contrary to Religion.
• * 1.32

  Or the Laws of Nature.
• * 1.33

  Or to per∣vert Judg∣ment.
• * 1.34

  Quaere.
• * 1.35

  Whether Kings divest themselves of Regality, by commanding what they ought not.
• * 1.36

  Though in∣flicting pu∣nishment for not obser∣vance.
• * 1.37

  Whether Princes ought to be resisted, where they are not to be obeyed.
• * 1.38

  Inst. par. 4. 14.
• * 1.39

  To resist Prin∣ces, though commanding unjustly, is contrary to faith in the Old Testa∣ment. 1 Sam. 24. 6. cap. 26. 9.
• * 1.40

  Dan. 3.
• * 1.41

  Jer. 25. 9.
• * 1.42

  Against the faith of the New Testa∣ment. 1 Pet. cap. 2. 19, 20, 21, &c.
• * 1.43

  Mat. 29. 52.
• * 1.44

  Destructive to all Humane Society.
• * 1.45

  Inst. 3 par. p. 55, 56.
• * 1.46

  Wherein Princes com∣manding un∣justly, ought to be obeyed actively.
• * 1.47

  Inst. 4. par. 37.
• * 1.48

  What is Mo∣narchy.
• * 1.49

  What is Here∣ditary Mo∣narchy.
• * 1.50

  No Prince can give, sell, or transfer his power.
• * 1.51

  Elective Mo∣narchy.
• * 1.52

  Aristocracy.
• * 1.53

  Democracy.