The Sovereign Power of Parliaments and Kingdoms

After this when God settled the kingdom upon David and his seed after him, it was upon condition of obedience, and threatening of corrections even by men, if they transgressed: The Lord telleth thee, that he will make thee an house; and when thy days be fulfilled, and thou shalt steep with thy fathers, then I will set up thy seed after thee, which shall proceed out of thy bowels, and I will establish the Throne of his kingdom for ever; I will be his father, and he shall be my son; If he commit iniquity, I will chastise him with the Rod of men, and with the Stripes of the Children of Men: ( that is, I will not chasten him immediately by myself, but by men my instruments, even by Jeroboam, and his own subjects the ten Tribes, or other enemies whom I will raise up against him and his posterity, 1 Kings 11. 9, to 41.) But my mercy shall not depart away from him, as I took it from Saul, whom I put away before thee: And thine house and thy kingdom shall be established forever before thee: yet still upon condition of obedience, as is most apparent by David's speech to king Solomon, 1 Chron. 28. 5, 6, 7, 8, 9. And the Lord hath chosen Solomon my son, to set him upon the throne of the kingdom of the Lord, over all Israel; And he said to me, &c. Moreover, I will establish his kingdom forever, If he continue constant to do my Commandments, and my judgments, as at this day. Now therefore in the sight of all Israel, the Congregation of the Lord, and in the audience of our God, keep, and seek for all the Commandmens of the Lord your God, that ye may possosse the good land, and leave it for an inheritance for your Children after you forever. And thou Solomon my son, know thou the Lord God of thy father, and serve him with a perfect heart, and with a willing mind; for the Lord searcheth all hearts, and understandeth all the imaginations of the thoughts, If thou seek him, he will be found of thee, but if thou forsake him, he will cast thee off for ever; notwithstanding the former Covenant and establishment, which was but conditional, not absolute, as the renting of the ten Tribes from his son, and the determining of the very kingdom of Judah itself in Zedekiah, (after which it never returned anymore to David's Line) infallibly evidence. Hence we read in the 1 Kings 11. that Solomon's idolatrous wives, turning away his heart from following the Lord, and drawing him to commit idolatry in his old age; hereupon the Lord grew angry with Solomon; Wherefore the Lord said unto him; for as much as this is done of thee, and thou hast not kept my Covenant and my Statutes which I have commanded thee, I will surely rend the Kingdom from thee, and will give it to thy servant; Notwithstanding in thy days I will not do it, for David thy fathers sake; but I will rend it out of the hand of thy son: Howbeit I will not rend away all the kingdom, but will give one Tribe to thy Son, for my servant David's sake, and for Jerusalem's sake which I have chosen. In pursuance whereof the Prophet Ahijah rending I • roboams garment into 12 pieces, said to Jeroboam, Take thee ten pieces, for thus saith the Lord the God of Israel, Behold, I will rend the kingdom out of the hand of Solomon, and will give t • n Tribes to thee; BECAUSE THAT THEY HAVE FORSAKEN ME, and have worshipped the Goddess of the Zidonians, &c. AND HAVE NOT WALKED IN MY WAYES, to do that which is right in mine eyes, to keep my Statuts and my judgments, as did David his Father; howbeit I will not take the whole Kingdom out of his hands; but I will make him Prince all the days of his life, for David my servants sake whom I chose, because he kept my Commandments and my Statutes: But I will take the Kingdom out of his sons hand, and give it unto thee, even ten tribes. And unto his son will I give one tribe, that David my servant may have a light always before me in Jerusalem, the City which I have chosen to put my name there. And I will take thee, and thou shalt reign according to all that thy soul desireth, and shalt be King over Israel. (But what, without any limitation or condition at all think you? No such matter:) And it shall be IF THOU WILT HEARKEN VNTO ALL THAT I COMMAND THEE, and wilt walk in my ways and do that is right in my sight, to keep my Statutes and my Commandments, as David my servant did, that I will be with thee, and build thee a sure house, as I built for David, and will give Israel to thee: And I will for this afflict the seed of David, but not forever. Loe here both Kingdoms of Judah and Israel, are given and entailed on David, Solomon, and Jeroboam only upon condition of good behavior; which not performed, they shall be rent from either: And was this only a vain idle condition, as some deem the Covenants and Coronation oaths of Kings to God and their Kingdoms? Surely no, for we read experimental verifications of them in King Rehoboam; Who answering all the people and Jeroboam when they came to Shechem to make him King, roughly, according to the Counsel of the young men, and threatening to add to their yoke, instead of making it lighter; and hearkening not unto the people, (FOR THE CAVSE WAS FROM THE LORD, that he might perform his saying, which he spake by Abijah the Shilomite unto Jeroboam the son of Nebat;) thereupon, when all Israel saw, that the King hearkened not unto them, the people answered the king, saying; What portion have we in David; neither have we inheritance in the son of Jesse; to your tents O Israel; now see to thine own house David; so Israel departed to their tents, stoned Adoram who was over the tribute, whom Rehoboam sent to appease them; Whereupon Rehoboam made speed to get him into his Chariot to flee to Jerusalem; So all Israel fell away from the house of David to this day; and calling Jeroboam unto the congregation, made him King over all Israel: there was none that followed the house of David, but the tribe of Judah only. Upon this revolt, when Rehoboam was come to Jerusalem, he assembled all the House of Judah, with the tribe of Benjamin, an hundred and fourscore thousand chosen men which were Warriers to fight against the house of Israel, to bring the Kingdom again to Rehoboam the son of Solomon; But the Word of God came unto Shemaiah the man of God, saying, speak unto Rehoboam the son of Solomon King of Judah, and unto all the house of Judah and Benjamin, and to the remnant of the people, saying: Thus saith the Lord; Ye shall not go up, nor fight against your brethren the children of Israel: return every man to his house, For this thing is done by me. They hearkened therefore unto the Word of the Lord, and returned to depart, according to the Word of the Lord. Behold here an experimental forfeiture of a kingdom, and translation of the major part of it to another family, for Solomon's idolatry, executed by the people through God's appointment; which being fore-threatened in the general by God himself to David, and by David to Solomon in case he transgressed, predicted by way of menace to Solomon and Jeroboam, by God himself and his Prophets after Solomon's transgression, executed by the people by God's special direction and approbation; and thus owned and justified by God in the people's behalf after the execution, when Rehoboam would have made war against them for this revolt, must certainly be acknowledged, not only a • ust and warrantable action in respect of God himself, but likewise of the people, unless we will make God himself the Author and approver of rebellion. By all which it is apparent, that Solomon and Rehoboam held their Crowns only upon condition from God, the breach whereof might and did forfeit them to the people in some measure: And so did Jeroboam too, hold the kingdom of Israel newly erected by the people after this revolt, upon the conditions of obedience, already mentioned, which being violated by his setting up 2 calves in Dan and Bethel, out of an unwarrantable policy to keep the people from returning to Rehoboam if they went up to Jerusalem to worship; this thing became sin to the house of Jeroboam, even to cut it off and destroy it from off the face of the earth, 1 King. 13. 34. For Jeroboam committing idolatry with the Calves, Ahijah the Prophet sent him this sharp message by his wife, 1 K. 14. 7, 8, 9, 10, 11. Go tell Jeroboam, Thus saith the Lord God of Israel, for as much as I exalted thee from among the people, and made thee prince over my people Israel, and rent the Kingdom away from the house of David, and gave it thee, ye • thou hast not been as my servant David, who kept my Commandments, and who followed me with all his heart, to do that only which was right in mine eyes, but hast done evil above all that were before thee; for thou hast gone and made thee other gods, and molten images, to provoke me to anger, and hast cast me behind thy back; Therefore behold I will bring evil upon the house of Jeroboam, and will cut off from Jeroboam him that pisseth against the wall, and him that is shut up and left in Israel, and will take away the remnant of the house of Jeroboam, as a man taketh away dung till it be gone: Him that dieth of Jeroboam, in the the City shall the dogs eat, and him that dieth in the field shall the fowls of the air eat, for the Lord hath spoken it. Moreover, the Lord shall raise him up a King over Israel, who shall cut off the house of Jeroboam in that day. Neither was this an unexcuted commination, for Jeroboam dying, and Nadah his son succeeding him both in his kingdom and idolatries, wherewith he made Israel to sin, Baasha ( by God's just judgment ) conspired against him, slew him, reigned in his stead; and when he reigned he smote all the house of Jeroboam, so that he left not to him any that breathed; according to the saying of the Lord which he spake by his servant Abijah; because of the sins of Jeroboam which he sinned, and which he made Israel sin, by his provocation wherewith he provoked the Lord God of Israel to anger. After which Baasha walking in the ways and sins of Jeroboam notwithstanding this exemplary judgment of God on him and his posterity, the word of the Lord came to Jehu son of Hannani, against Baasha, saying, Forasmuch as I exalted thee out of the dust, and made thee Prince over my people Israel, and thou hast walked in the way of Jeroboam, and hast made my people of Israel to sin, to provoke me to anger with their sins; behold, I will take away the posterity of Baasha, and the posterity of his house, and will make his house like the house of Jeroboam the son of N • bat; him that dieth of Baasha in the City shall the dogs eat, and him that dieth in the field shall the fowls of the Air eat: which judgment was actually executed upon his evil son king Elah, whom Zimri the Captain of his Chariots slew, as he was drinking himself drunk in the house of Arza Steward of his House, and reigned in his stead; and as soon as he sat in his Throne, he slew all the house of Baasha, he left him none that pissed against the wall, neither of his kinsfolks, nor of his friends. Thus did Zimri destroy all the house of Baasha, according to the word of the Lord, which he spake against Baasha, by Jehu the Prophet, for all the sins of Baasha, and the sins of Elah his son, by which they sinned, and by which they made Israel to sin, in provoking the Lord God of Israel to anger witb their vanities. King Om • i and Ahab his son going on in the sins of Jeroboam, serving Baal to boot, persecuting God's prophets, putting Naboth most injuriously to death for his Vineyard, by Jezebels instigation, and setting himself to work evil in the sight of the Lord, above all that were before him: Hereupon the Prophet Elijah tells him, Thus saith the Lord, Behold, I will bring evil upon thee, and will take away thy posterity, and will cut off from Ahab him that pisseth against the wall, and him that is shut up and left in Israel, and will make thine house like the house of Jeroboam the son of Nebat, and like the house of Baasha the son of Ahijah, for the provocation wherewith thou hast provoked me to anger, and made Israel to sin: And of Jezebel also spake the Lord, saying, The Dogs shall eat Jezebel by the wall of Jezreel; him that dieth of Ahab in the City the Dogs shall eat, and him that dieth in the field shall the Fowls of the Air eat. Neither was this a vain threatening, for Ahab being slain at Ramoth Gilead, the dogs licked up his blood in the place where they licked the blood of Naboth; and Jehoram his son succeeding him, both in his Throne and sins, God himself annointed Jehu King over Israel, of purpose to execute this his vengeance against the house of Ahab and Jezebel; who in execution thereof slew both King Jehoram, Ahaziah King of Judah, Jezebel, and all Ahab's sons and posterity, his great men, Nobles, with all the Priests and worshippers of Baal, till he left none of them remaining: For which severe execution of God's Justice, the Lord said unto Jehu, Because thou hast done well in executing that which is right in mine eyes, and hast done unto the house of Ahab according to all that was in mine heart, thy children of the fourth generation, shall sit on the Throne of Israel. Which action of Jehu being thus specially commanded, commended, and remunerated with such a temporell reward by God himself, must questionless be lawful, and no Treason nor Rebellion in Jehu, unless we will charge God to be both the Author, Approver and Rewarder of those sins. After this Jehu walking in the sins of Jeroboam, though God deprived him not for it, yet he stirred up Hazael to spoil and waste his Country, during all his reign, and the reigns of King Jehoahaz his son and Joash his Granchilde, who succeeded him in his idolatries; and Zechariah the last king of Jehu's Race, going in his Ancestors sins, was slain by Shallum, who reigned in his stead. Shallum, Pekahiah, and Pekah three wicked idolatrous kings of Israel, were by God's just judgment, successively s • ain one of another, and by Hoshea. So that all the Kings of Israel, who violated God's Covenants and conditions annexed to their Crowns, did for the most part lose their lives, Crowns, and underwent the utter extirpation of their po •• erities, being totally cut off by the sword, neither succeeding their Parents in their Crowns nor inheritances. And though the royal Crown of Judah continned in David's Line till the Captivity of Zedekiah, the last king of his Race; yet when ever they infringed the conditions which God annexed to their Crowns, and turned Idolaters or flagitious persons, God presently (by way of revenge) either brought in foreign enemies upon them, which mastered, conquered them, and sometimes deposed and carried them away Captives, or made them Tributaries, as the examples of King Rehoboam, afflicted by Shishak King of Egypt, for his sins and • dolatry, and by Jeroboam all his days▪ of Ahijam, Jehoram, Ahaziah, Joash, Amaziah, Ahaz, Manasseh, Jehoahaz, Jehoiakim, Iehoiachin, and Zedekiah, (whose Histories, troubles, captivities and punishments you may read at large) with others witness: or else caused their own servants, subjects, enemies to rise up against them, to slay them, as is evident by King Ahaziah, Joash; Amaziah, Ammon, and others. All which are unanswerable evidences and experimental demonstrations, that the Kingdoms of Judah and Israel were both held of God upon conditions, and that for the breach of these conditio • s they might be, and oft times were (by God's Justice on them) both lawfully deprived of their Crowns, and their posterities, disinherited, yea, totally cut off forever; and in conclusion, both these most eminent Kingdoms, for the sins of kings and people, were invaded, destroyed, and both Kings with people carried away captives by their enemies, into foreign Countries, from whence the whole Nation never afterwards returned, nor ever after attained to a king and kingdom of their own: So fatal is it for Kings, or Kingdoms to break those Covenants, Laws, Conditions which God himself hath prescribed them; and so far are any Kings from being exempted from all Laws, and left at liberty to do what they please, that the breach of them proves destructive to them and theirs.

I shall only add to this by way of Corollary, that all the Israelites Rulers, Kings, People did jointly and severally for themselves for the whole Nation in general, and every of them in particular, frequently enter into solemn Vowes and Covenants with God, to serve the Lord, to be and conttnue his people; to seek the Lord God of their fathers with all their heart, and with all their soul; that whosoever would not seek the Lord God of Israel, should be put to death, whether small or great, whether Ma • or Woman, ( not the King or Queen excepted; ) and they sware unto the Lord with a loud voice, and with shouting, and with trumpets, and with Cornets, and all rejoiced at the Oath, for they had sworn with all their hearts. Witness the Covenant made by Joshua and all the people, To serve the Lord; by Samuel, Saul, and all the people at Saul's Coronation, and by king Asa and all his people, To seek the Lord, &c. (who in pursuance thereof removed his mother Maacha from being Queen, because she had made an idol in a Grove, and cut down her idol, and stamped it, and burnt it at the brook Kidron, 2 Chron. 15. 16. of King David, Solomon, and all the people at Solomon's Coronation; between King Jehoash, Jehoiada and all the Congregation at his inauguration, that they should be the Lord's people: in pursuance whereof all the people went to the house of Baal, and brake it down, and brake his altars and images in pieces, and slew Mattan the Priest of Baal before the altars; between Hezekiah and all his subjects and God; between Josiah and all that were present in Jerusalem and Benjamin and Gad, who made a covenant before the Lord, to walk after the Lord, and to keep his Commandments, and his Testimonies, and his Statutes, with all their heart, and with all their soul, to perform the words of the Covenant formerly written in the Book of the Covenant that was found in the house of the Lord; in execution whereof Josiah took away all the abominations out of all the Country that pertained to the children of Israel, and made all that were present in Israel to serve the Lord their God, and not to depart from following the Lord God of their Fathers all his days: Together with the like solemn public Covenants made by Ezra, Nehemiah • and all the People unto God; which Covenant the Princes, Levites, Priests and all the people sealed, and entered into a Curse and into an Oath to walk in God's Law, and to observe and do all the Commandments, judgments and Statutes of the Lord, &c. And that God himself expressly commanded them, That if any Prophet or Dreamer of dreams, or thy Brother or son of thy Mother, or thy daughter, or the wife of thy bosom, or thy friend which is as thine own soul, should secretly entice them to commit idolatry, or serve other gods, they should neither consent nor hearken to, nor pity, nor spare, nor conceal him, but shalt surely kill him; thy hand shall be first upon him to put him to death, and after the hand of all the people, and thou shalt stone him with stones, that he die, only for this secret enticement to idolatry: And all Israel shall hear, and fear, and do no more such wickedness as this is. And if they should hear, that the inhabitants of any City were seduced to serve other gods, tben they must diligently search and inquire after it; and if it be truth and the thing certain, that such abomination was wrought among them, then they shall surely smite the inhabitants of that City with the edge of the sword, destroying it utterly, and all that is therein, and the cattle thereof with the edge of the sword; and gather all the spoil of it into the midst of the street thereof, and burn the City with all the spoil thereof every whit for the Lord their God, and it shall be an heap forever, and shall not be built again: In pursuance whereof the ten tribes and a half, assembled to war against the Reubenites, Gadites, and half Tribe of Manasseh, for their supposed idolatrous Alter; and all the children of Israel assembled together as one man, and made war against the men of Gibeah and the Benjamites, for not punishing the gross Rape of the Levites Concubine, destroying the City utterly, and the Tribe of Benjamin too well nigh. And upon this ground, the City of Libnah revolted from under the hand of Jehoram the idolatrous King of Judah, Because he had forsaken the Lord God of his Fathers. And as some learned men conceive the people made a Conspiracie against King Amaziah in Jerusalem, and he fled to Lachish, but they sent after him to Lachish and • lew him there;

Fourthly, The Kings of Judah and Israel were no absolute Sovereign Princes paramount their whole Kingdoms, the general Co • gregation of the people, Senate or Sanhedrin, but inferior to them in power, and not only counseled, but over-ruled usually by them in matters of public concernment: This is evident not only by Josh. 22. 11. to 34. and Judges 20. and 21. where the whole Congregation of Israel, as the Sovereign power, in the days of Joshua and the Judges assembled about the great causes of the Reubenites, Gadites, and half • the Tribe of Manasseh, concerning their Altar, and of the Gibeonites and Benjamites, concluding both matters of public war and peace; But likewise by the people's rescuing Jonathan out of the hands and power of King Saul his father, that he died not, though Saul had twice vowed that he should be put to death, 1 Sam. 14. 38. to 36. And the people said unto Saul, Shall Jonathan die who hath wrought this great salvation in Israel? God forbid; as the Lord liveth there shall not one hair of his head fall to the ground, for he hath wrought with God this day: So the people rescued Jonathan that he died not. By the 1 Chron. 13. 1. to 7. where thus we read: And David consulted with the Ca • tains of thousands and hundreds, and with every Leader, and David said unto all the Congregation of Israel, If it seem good unto you, and that it be of the Lord our God, let us send abroad unto our brethren everywhere that are left in all the land of Israel, and with them also to the Priests and Levites which are in their Cities and Suburbs, that they may gather themselves unto us; and let us bring again the Ark of our God to us, for we inquired not at it in the days of Saul. And all the Congregation said, that they would do so, For the thing was right in the eyes of all the people. And David went up and all Israel to Baalah, to bring up thence the Ark of God the Lord. Compared with the 1 Samuel 18. 2, 3, 4. where when David sent out the people to battle against Absalom under three Commaunders, the King said unto the people, I will surely go forth with you myself also: But the people answered,

Thou shalt not go forth; for if we flee away, they will not care for us, neither if half of us die will they care for us; but now thou art worth ten thousand of us, therefore now is better that thou succor us out of the City: And the king said unto them, Whatsoever seemeth you good that I will do; and thereupon stayed behind in the City, as they advised him. So he likewise followed Joab's advice, to go forth and sit in the gate, and speak comfortably to the People after his mourning for Absalom's death, else not one of the People would have tarried with him that night, 2 Samuel. 19. 1. to 20. and by this means All the people came before him though they had formerly fled every man to his tent; and he so engaged them to him, That all the people were at strife throughout all the Tribes of Israel, to bring the King back again to Gilgal, whence Absalom had chased him. Add to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we find, that after Solomon's death, All Israel came to Shechem to make Rehoboam King; and all the Congregation of Israel spake unto Rehoboam, saying, Thy father made our yoke grievous, now therefore make thou the grievous service of thy Father, and his heavy yoke which he put upon us, lighter, and we will serve thee. And he said unto them, Depart ye for three days, and then come again; and the people departed. In the mean time he consulted first with the old men, after that with the young men about him, what answer he should return; who giving contrary advice, Jeroboam and all the people coming to him again the third day, the King answered the people roughly, after the counsel of the young men, saying, My Father made your yoke heavy, and I will add to your yoke; My Father chastised you with whips, but I will chastise you with scorpions: So when all the people saw that the King hearkened not to them, the people answered the King, saying, What portion have we in David? neither have we inheritance in the son of Jesse, to your tents ô Israel; now see to thine own house David: So Israel departed to their Tents, and fell away from the house of David unto this day: And all Israel called Jeroboam unto the Congregation, and made him King over all I • rael: And the Text expressly adds this memorable observation, Wherefore the King h •• rkned not unto the people, for the cause was from the Lord, that he might p • rform his saying, which the Lord spake by Abijah the Shilonite to Jeroboam the son of Nebat • Where we see the Kings not hearkening to the people and congregation of Israel in their just request, and giving them an harsh answer, was a sufficient ground and occasion for them, to cast off his government, and elect another King to reign over them, and that with Divine approbation from God himself: Such was the whole people • and congregations Sovereign power over their Kings. We read in the 1 Kings 20. 1. to 10. that when Benhadad king of Syria gathered a great Host, and sent to A • ab king Israel, to resign up all his silver, gold, Wives, Children, and pleasant things into the hand of his servants: Then the king of Israel called all the Elders of the Lan • , and • aid, Hark, I pray you, and see how this man seeketh mischief, for he sent unto me for my Wives and for my Children, for my silver, and for my gold, and I denied him not: And all the El • ers, and all the people, said unto him, Hearken not unto him, nor consent. Wherefore he said unto the messengers of Benhaded, tell my Lord the King, all that thou didst send for to thy servant at first, I will do, but this thing I may not do. Where the Elders and people both advise and over-rule the King in this matter of great importance both to the Kingdom and K • ng, who returned no answer to this public case without the congregations public advise. So Hezekiah king of Judah sent to all Israel and Judah, and wrote Letters also to Ephraim and Manasseh, that they should come to the house of the Lord at Jerusalem, to keep the Passover unto the Lord God of Israel; For Hezekiah had taken counsel, and his Princes, and all the Congregation in Jerusalem, to keep the Passover in the second month, for they could not keep it at that time, because the people had not sanctified themselves sufficiently; neither had the people gathered themselves together at Jerusalem; and the thing pleased the King And all the Congregation, So they established a Decree, to make Proclamation throughout all Israel, from Bersheba even to Dan, that they should come to keep the Passover unto the Lord God of Israel at Jerusalem, for they had not done it of a long time, in such sort as it was written. So the Posts went with the Letters from the King and the Princes, throughout all Israel, and Judah, &c. verse. 12. Also in Judah the hand of God was to give them one heart to do the Commandment of the King and of the Princes, by the word of the Lord; and verse. 23. And the whole Assembly took Counsel to keep other seven days; and they kept other seven days with gladness; and All the Congregation of Judah and Israel rejoiced: verse. 25. When all this was finished All Israel that were present, went to the Cities of Judah and brake the images in pieces and cut down the Groves, and threw down the high places and the Altars out of all Judah and Benjamin, in Ephraim also and Manasseh, until they had utterly destroyed them all. Then all the Children of Israel, returned every man to his possession into their own City: In the 2 Chron. 32. 3. When Hezekiah saw that Sennacherib was come, and that he was purposed to fight against Jerusalem; He took Council with his Princes and his mighty men, to stop the waters of the Fountain which were without the City, and they did help him, and there was gathered much people together, who stopped all the Fountaines, &c. Add hereunto that notable Text, Ier. 38. 4. to 28. Where when the Prophet Jeremiah had prophesied, that Jerusalem should be given into the hands of the King of Babylon's Army which should take it; Therefore the Princes hereupon said unto the King; we beseech thee, let this man be put to death; for thus he weakeneth the hands of the men of War that remain in this City, and the hands of all the people, in speaking such words unto them; for this man seeketh not the welfare of this people, but the hurt: Then Zedekiah the King said; Behold he is in your hand; For the King is not he that can do any thing against you. And Ier. 26. 8. to 29. Now it came to pass when Jeremiah had made an end of speaking all that the Lord had commanded him to speak unto all the people, that the Priests, the Prophets, and all the people took him, saying; thou shalt surely die, &c. So Ezra 10. 1. to 20. There assembled unto Ezra, a very great Congregation of men, &c. And they said unto Ezra, we have trespassed against our God, and have taken strange wives of the people of the land; yet now there is hope in Israel concerning this thing. Now therefore let us make a Covenant with our God to put away all the strange wives, &c. and let it be don according to the Law: and All I • rael said that they would do according to this word. And they made Proclamation throughout Judah and Jerusalem unto all the children of the Captivity, that they should gather themselves unto Jerusalem; and that whosoever would not come within 3. days According to the Council of the Princes and the Elders, all his substance should be forfeited, and himself separated from the Congregation of those that had been carried away: Then all the men of Judah and Benjamin gathered themselves together unto Jerusalem, within three days, and all the people sat in the street of the house of God trembling, hecause of this matter and for the great rain. And Ezra the Priest stood up and said unto them, Ye have transgressed and taken strange wives to increase the trespass of Israel; Now therefore make confession unto the Lord God of your fathers, and do his pleasure, and separate yourselves from the people of the Land, and from the strange wives. Then All the Congregation answered, and said with a l • wd voice; As thou hast said, so must we do; but the people are many, and it is a time of much rain, and we are not able to stand without, neither is this a work of one day or two; for we are many that have transgressed in this thing: let now our rulers of all the Congregation stand, and let them which have taken strange wives in our Cities, come at appointed times, and with them the Elders of every City and the Judges thereof, until the fierce wrath of our God for this matter, be turned from us: And the Children of the Captivity did so. Where we see the whole Congregation determine and direct all that was done in this grand common business: And Esther 9. 17. to 32. the Jews ( upon Mordecai's and Esther's Letters, after the slaughter of their Enemies) Ordained and took upon them and upon their seed, and upon all such as joined themselves unto them, so as it should not fail, that they would keep the 13. and 14. day of the month Adar, and make it a day of feasting and gladness, according to their writing, and according to their appointed time every year: And that these days should be kept and remembered throughout every generation, every Family, every Province, and every City, and that these days of Purim should not fail from among the Jews, nor the memorial of them perish from their seed: And the Decree of Esther confirmed those mater of Purim, As they had decreed for themselves and their seed.

From all these Texts (compared with Prov. 11. 14. c. 15. 22. c. 25. 5.) it is most apparent: that the Kings of Judah and Israel were no absolute Sovereign Princes paramount their whole Kingdoms, or the general Senate and Congregation of the people, or their Sanhedrin, but inferior to them in power; and not only counseled but over-ruled usually by them, in all matters of public concernment. A truth so pregnant, that Bp. Bilson himself from some of these Texts confesseth, That it is a question among the learned; what Sovereignty the whole people of Israel had over their Kings; And that these Scriptures have persuaded some, and might lead Zwingli to think, that the people of Israel, notwithstanding they called for a King, Yet reserved to themselves sufficient Authority to over-rule their King, in those thiugs which seemed expedient and needful for the public well-fare, else God would not punish the people for their Kings iniquity, which they must suffer and not redress. Hence that eminent • ew Josephus (a man best acquainted of any, with his own Nations Antiquities, Laws, and the Prerogatives of their kings) resolves in direct terms; that their King, whosoever he were, ought to attribute more to the Laws, and to God, then to his own wisdom, Aud to do nothing without the advice of the High Priest and Senate; and that if he multiplied horses, and many more then was fitting They might resist him, lest he became more potent then was expedient for their affairs. Hence Petrus Cunaeus de Repub. Hebr. l. 1. c. 12. p. 101. 102. writes thus of the Sanhedrin or Parliament among the Jews. Thus the Prophets, who grievously offended, were nowhere else punishable but in this Assembly; which (Quod summae petestatis est) as it is an Argument of The Supremest power ) did both constitute the King: ac de Bello gerendo deque hostibus profligandis & de proferend • Imperio deliber ab • ut. Sed quoniam haec ejusmodi erant in quibus salus omnium, & summae Reipublicae vertebatur, Consultatum de his plerumque cum populo est; indictaeenim Comitiae sunt, in quibus solis populus partem aliquam caperet regendae reipublicae, &c. De Rege igitur deque Bello, ut dixi, decretafacta interdum Populi auctore sunt. Caetera omnia Senatores Sanhedrin Per se expe • ivere. So that the Sanhedrin and Congregation of the people were the highest Sovereign power, and principal determiners of public matters concerning war and peace, by Cunaeus his resolution: Who debating this weighty controversy, What the Scepter of Judah was (prophesied of Gen. 49. 10.) and what and whose the Majesty of the Empire was? determines thus. I suppose the Scepter to be nothing else, but the Majesty of the Empire or Government, to wit that, Qnae ipsi Reipublicae assidet, which belong • to the Republic it self. Wherefore whose the Republic is, the Scepter ought to be said theirs. Now the Hebrew Republic from Moses his time till the Kingdom of Rehoboam, was not of the Jews (or tribe of Judah) but of the twelve Tribes, from whence it follows, that even the Scepter for all those times was of all the Israelites. Now of this Scepter, which was long common to all the twelve Tribes, the divine Patriarke spake not in that most famous Oracle: for he looked at latter years, and future ages, when as the Tribe of Judah, the people being divided into contrary parts, began to have its Republic apart from the Israelites, which God approved and loved; and would have to be called Jewish, from the Tribe of Judah alone, until he (to wit Christ) should be given to the assemblies of men, to whom not only the Empire of the Jews, but Gentiles also was destinated. And verily this Majesty of the Scepter, from the time it once began to be of the Jews, we say continued to be theirs, although the state of the Commonwealth was sometimes changed, and the sovereignty of the Empire was sometimes in the Elders and High Priests, sometimes in the Kings and Princes. They do too foolishly, who here dance in a narrow compass, and suppose that the honor of this name appertains not but to Kings? For what people soever, useth its own Republic and its Laws, Is recte Glor • ari de Imperio deque sceptro potest, it may rightly boast of Its Empire and Scepter. It is recorded, that at Jerusalem even at that time, when not the Princes but the Elders governed the people, in the midst of the great Council, which they called the Sanhedrin, there hung a Scepter, which thing verily was a certain Ensign of its Majesty; which Marcus Tullius in a particular Oration, saith, Esse magnitudinem quandam Populi, in ejus potestate ac jure retinendo, quae vertitur in imperio, atque omnis populi dignitate. Not Kings, not Princes, but Consuls and the Senate managed the Roman Common-wealth; whence this Law of Truce was given to the Aetolians, which Livy reports, That they should conserve The Majesty of the People of Rome without mal-engin: And the very same thing was commanded all free People, who by any league, but not 〈◊〉 would come into the frindship of the Romans, as Proculus the Lawyer witnesseth, in l. 7. F. de Captiu: & Post. reversis. Neither think we it material to our purpose, of what Nation or Tribe they were, who moderated and ruled the Jewish affairs; for although the Hasmonaean L • vites held their Kingdom for many years, yet the Republic was of the Jewish people. That most wise Master Seneca said to Nero Caesar, That the Republic was not the Princes, (or of the Prince) But the Prince the Republics. Neither verily was the opinion of Vlpian the Lawyer otherwise; for he at last saith, that That is Treason, which is committed against the Roman People, or against their safety, l. 1. s. 1. F. ad Legem Iul. Maj • st. Now Vlpian lived in those times, when the people had neither command nor suffrages left them, but the Emperors held the Empire and Principality; and yet he who is wont most accurately to define all things, saith, That Majesty is of the People; From all which it is apparent, that not only in the Roman Empire and other Kingdoms, but even among the Jews themselves; the Majesty, and Sovereign Power, and Scepter resided not in the Kings, but in the whole State and People. Hence Will. Schickardus in his Ius Regium Hebraeorum, Argent. 1625. p. 7. determinesthus. The state of the Jewish Kingdom was not Monarchical (as our Court Doctors falsely dream) but mixed with an Aristocracy for the King without the assent of the Sanhedrin Could determine nothing in great causes. They constituted not a King but in it, &c. attributing the Soveraignest power to the Congregation and Sanhedrin, who had power to create, elect, and in some cases to resist, and depose their Kings. Hence Huldericus Zwingli writes expressly, That the Kings of the Jews and others, when they dealt perfidiously, contrary to the Law of God and the rule of Christ, might be lawfully deposed by the People. This the example of Saul manifestly teacheth, whom God rejected, notwithstanding he had first elected him King: Yea, whiles wicked Princes and Kings were not removed, all the people were punished of God; as is evident by Ier. 15. 1. to 6. where they were punished with four judgments and plagues for Manasseh's sins. In sum, if the Jews had not permitted their King to be so wicked without punishment, they had not been so grievously punished by God. By what means he is to be removed from his Office, is easily to conjecture; thou mayest not slay him, nor raise any war or tumult to do it, but the thing is to be attempted by other means, because God hath called us in peace, 1 Cor. 7. If the King be created by common suffrages, he may again be deprived by common Votes, unless they will be punished with him; but if he be chosen by the election and consent of a few Princes, the people may signify to them the flagitious life of the King, and may tell them, that it is by no means to be endured, that so they may remove him, who have inaugurated him. Here now is the difficulty for those that do this, the Tyrant will proceed against them according to his lust, and slay whom he pleaseth; but it is a glorious thing to die for justice and the truth of God; and it is better to die for the defense of justice, then afterwards to be slain with the wicked by assenting to injustice, or by dissembling, Those who cannot endure this, let them endure a lustful and insolent Tyrant, expecting extreme punishment together with him; yet the hand of the Lord is stretched out still, and threateneth a stroke: But when with the consent and suffrage of the whole, or certainly of the better part of the multitude a Tyrant is removed, Deo • it auspice, it is done by God approbation. If the Children of Israel had thus deposed Manasseh, they had not been so grievously punished with him. So Zwingli. Hence Stephanus Junius Brutus in his Vindiciae contra Tyrannos, in answer to Machiavels Princeps (a most accursed mischievous Treatise) and justification of the Protestants defensive wars in France to preserve their Religion and Liberties. Anno 1589. determines positively, That as all the people are Superior to the King, so are those Officers of State and Parliaments, who represent them, Superior to Kings collectively considered, though every of them apart be inferior to them. In the Kingdom of Israel, which by the judgment of all Politicians was best instituted, by God, there was this order, The King had not only private Officers who looked to his family, but the Kingdom likewise had 71 Elders and Captains elected out of all the Tribes, who had the care of the Commonwealth both in time of peace and war, and likewise their Magistrates in every Town, who defended their several Cities, as the others did the whole kingdom. These when ever they were to deliberate of greatest affairs, assembled together, neither could anything be determined without their advice, which much concerned the commonwealth: Therefore David called these all together when he desired to in v • st Solomon in the Kingdom, when he desired the policy restored by him should be examined and approved, when the Ark was to be reduced, &c. And because they represented all the people, all the people are then said to have assembled together. Finally, the same rescued Jonathan, condemned to death by Saul's sentence; from whence it appears, that an appeal lay from the King to the people: But from the time the Kingdom was divided, through the pride of Rehoboam, the Synedrin of Jerusalem consisting of 71 men, seems to be of that authority, that they might judge the King in their assembly, as well as the King judge them when they were apart. The Captain of the House of Judah was President over this assembly, that is, some chief man chosen out of the Tribe of Judah, as even the chief man for the City Jerusalem, was chosen out of the Tribe of Benjamin: This will be made more evident by examples. Jeremiah being sent by God to denounce the overthrow of the City Jerusalem, is for this, first condemned by the Priests and Prophets, that is, by the Ecclesiastical judgment or Senate; after this, by all the People, that is, by the ordinary Judges of the City, to wit, by the Captains of thousands and hundreds; at last by the Princes of Judah, that is, by the 71 men sitting in the new Porch of the Temple, his cause being made known, he is acquitted. Now they in that very judgment expressly condemn King Jehoiakim, who a little before had most cruelly slain the Prophet Uriah, threatening like things. Also we read elsewhere, that King Zedekiah, did so much reverence the Authority of this Sanhedrin, that he durst not free the Prophet Jeremiah, thrust by these 71 men into a filthy prison, but likewise scarce dared to translate him into the Court of the Prison from thence; yea, when they persuaded him to consent to Jeremiah his death, he answered, that he was in their hands, and that he could not contradict them in anything; Yea, he fearing lest they should inquire into the conference which he privately had with Jeremiah, as if he were about to render an account of the things which he had spoken, forgeth a lie. Therefore in this Kingdom the States or Officers of the Kingdom were above the King; I say, in this Kingdom which was instituted and ordaintd, not by Plato or Aristotle, but by God himself, the Author of all order, and the chief institutor of all Monarchy • Such were the seven Magi in the Persian Empire, the Ephori in the Spartan Kingdom, and the public Ministers in the Egyptian Kingdom, assigned and associated to the King by the People to that only end, that He should not commit anything against the Laws. Thus, and much more this Author, together with Con. Super antius Vasco, who published this Treatise to all pious and faithful Princes of the Republic, giving large Encomiums of its worth; as also the Author of the Treatise De Iure Magistratus in Subditos. p. 253, 254, 255, 256. 268, to 275. whose words for brevity I pretermit; Bp. Bilson in his forecited passages: and Hugo Grotius De Iure Belli & pacis, l. 1, c, 3. sect. 20. p. 63, 64. where he confesseth, That if the King of the Israelites offended against the Laws written concerning the Office of a King, he was to be scourged for it; and that the Sanhedrin had a power above their king in some cases.

[ 5] Finally, the Kings of Israel and Judah were not superior to, nor exempted from the Laws, but inferior to and obliged by them, as well as Subjects: This is evident, not only by the premises, but by sundry impregnable Texts, As Deut. 17. 18. 19. 20. where God himself in the very description of the office and duty of their King, prescribes this in direct terms, as a part of his duty. And it shall be when He sitteth on the Throne of this Kingdom, that he shall write him a Copy of This Law in a Book, out of that before the Priest • and Levites: And it shall be with Him, and He shall read therein All the days of his life, that he may learn to fear the Lord his God, To keep all the words of the Law, and these Statutes to do them, that his heart be not lifted up above his brethren; and that He turn not aside from the Commandment, to the right hand or to the left: seconded by Josh. 7. 8. This Book of the Law, shall not depart out of thy mouth, but thou shalt meditate therein day and night; that thou mayest observe to do according to all that is written therein: turn not to it from the right hand, or to the left, for then thou shalt make thy way prosperous, and then thou shalt have good success. Hence it was, that as soon as ever Saul was elected and made King by Samuel and the people, he being the first of their Kings) Samuel told the people the manner of the Kingdom, and wrote it in a Book, and laid it up before the Lord: which Book, contained not the exorbitances and oppressions that their Kings would exercise over them, mentioned in the 1 Sam. 8. 11. to 19. as Josephus mistakes; but as Petrus Curaeus and others more rightly observe, the Law of God concerning Kings, prescribed by him, Deut. 17. 14. to the end; and such Laws which commanded Kings to use Justice and equity; to govern the Common-wealth well, for the people's benefit; to abstain from fornication and lusts; to retain modesty in a great fortune, &c. Hence Samuel enjoined both Saul and the People, to fear the Lord, and serve him, and obey his voice, and follow him, and not rebel against his Commandment, &c. 1 Sam. 12. 14, 15. 20. to 25. Hence King David did always meditate in the Law of God, day and night, accounting it more dear unto him then thousands of Gold and silver: And withal pronounceth from God's own mouth; The God of Israel said, the Rock of Israel spake to me, he that ruleth over men must be just, ruling in the fear of God. Hence the Qu. of Sheeba used this speech to king Solomon, Because the Lord loved Israel forever, therefore made he thee King (what? to domineer at his pleasure? no verily, but) To do Judgment and Justice. Upon this ground, King Josiah made a covenant before the Lord, to walk after the Lord, And to keep his Commandments, and his testimonies and his statutes with all his heart, and with all his soul; And King Asa, with other Princes and Governors did the like, as the premises evidence: From all which, and infinite other Scriptures, obliging Kings to reign in righteousness, to do justice and judgment to all, and reprehending them exceedingly for their injustice, tyranny, oppressions, idolatries, and other sins; it is i •• efragable; that their kings were as much, if not more obliged to keep both God's and the kingdoms Laws, as the Subjects; and had no arbitrary power to do what they pleased.

All that is, or can be colourably objected to the contrary, to prove the kings of Israel absolute Monarchs, exempt from Laws, and paramount their Sanhedrin or people collectively considered, is, First, that passage of Psal. 51. 4. where king David confessing his sins of Adultery and Murder to God, useth this expression; Against thee, Thee only have I sinned, and done this evil in thy sight: Of which Jerome renders this reason, Quod Rex erat & alium non timebat: alium non habebat super se: which Ambrose thus seconds, Rex erat, Nullis ip • e legibus tenebatur, quia liberi sunt Reges a vinculis delictorum: Neque enim ullis ad poenam vocantur legibus, Tuti Imperii potestate, Homini ergo non peccavit, cui non tenebatur obnoxius Arnobius & Cassiodor, add, De populo si quis erraverit, & Deo peccat & Regi: quando Rex delinquit, soli Deo reus est: Merito ergo Rex, Deo Tantum se dicit peccasse; quia solus erat qui ejus potuisset admissa discutere. The like we find in Isiodor. Epist. 383. which some Jewish Rabbins back with this saying of Barnachmon, titulo de Iudicibus Nulla creatura judicat Regem, sed Deus benedictus: Therefore the Jewish kings were above all Laws, and not subject to the censures of their Congregations, States, or Sanhedri • .

To this I answer first, That no doubt, David by his adultery and murder (being sins against the second Table) did sin not only against God, but against Uriah and his wife too, their children and kindred; yea against his own soul and body, though he were a king; That of Iustus Eccardus, De Lege Regia, being an irrefragable truth, granted by all Lawyers and Divines whatsoever, that the absolutest Emperors, Monarchs, Kings, that be, are subject to the Laws of God, of Nature, of Nations, and cannot justly do anything against them to the hurt of piety, chastity, fame, life, or what is contrary to good Manners. Secondly, No doubt every king is bound in conscience by the Law of God and man, to give satisfaction and recompense to his Subjects against whom he sinneth in this nature, as David himself determines in this his own case, 2 Sam. 12. 5, 6, 7. Thirdly, For this very sin against Uriah God threatens, that the sword should never depart from David's house; that he would raise up evil against him out of his own house, that be would take his wives before his eyes and give them unto his Neighbor, who should lie with them in the sight of the Sun, before all Israel, 2 Sam. 12. 10, 11, 12. which was actually fulfilled in and by Absalom his son, 2 Sam. 16. 22. The gloss therefore of these Fathers, that David was exempt from all Laws being a King, and that he could not sin against a Subject, is point-blank against the History, and Text it self; and manifested to be apparently false by all the premised Scriptures and Authorities. Fourthly, the true reason of this speech of David, Against thee, Thee only have I sinned, and done this evil in thy sight, as Augustine and others truly observe was: 1. Because David had plotted and contrived the murder of Uriah, and abusing of his wife so closely, that no man did or could take notice of it; whence Nathan the Prophet tells him, 2 Sam. 12. 12. Thou didst it Secretly, but I will do this before all Israel: sed forte erat quod homines latebat, & non inveniebant illi quod erat quidem, sed mani • estum none erat, writes Augustine: 2. Because Uriah being slain, and his wife a party consenting to David's sin, his sin now might in this sense he said, to be against God alone. 3. sin, quatenus sin, and as it deserves eternal punishment, is properly committed against none but God, whose Law and prohibition only makes it sin; therefore in this regard, David now confessing his sin to God himself, useth this expression and rhetorical ingemination, Against thee, thee only have I sinned. 4. Because none was free from sin, and so fit to be his Judge in that respect but God only. 5. Only, is many times taken for principally or especially; as we usually say, such a one is the only man; such a salve or medicine, is the only remedy; and the Scripture useth this phrase in this sense in David's own ease, 1 King 15. 7. David did that which was right in the eyes of the Lord, and turned not aside from anything that he commanded him all the days of his life, save ONELY in the matter of Uriah, that is principally, for he committed divers sins besides, as in numbering the people, in giving Mephibosheth’s land to Ziba upon a false suggestion, himself confessing that his iniquities were gone over his head, and his • inns more then the hairs of his head: but yet this was his ONLY, to wit, his principal sin: so in divers others Texts, only is used for principally; as Josh. 1. 7. 18. Only be thou strong; 1 Sam. 18. 17. Only be thou valiant: So here, against thee, thee •• lie have I sinned; that is, I have principally sinned against thee alone, not excluding his sin against himself, Uriah, and others, whom he injured thereby. 6. This sin against Uriah was but a personal and private injury, into which David fell out of human frailty, it was the first and only sin of this kind that ever he committed, for ought we read; he made no trade of it, he repented for it, and never relapsed again into it: in this regard therefore these Fathers interpretations may be Orthodox, that for such a private sin of infirmity only, David was not responsible nor punishable by the Congregation or Sanhedrin: But had he made a common trade of murthering his subjects, ravishing their wives, and the like; or giving himself over to the open practice of gross Idolatry, (a sin only against God himself) and not repented of, or humbled himself solemnly for it, as he did for these sins here, no doubt the Congregation or Sanhedrin might upon complaint, have questioned, reprehended, and censured him for it, as the premises plentifully manifest, notwithstanding the privilege of his regalitie, which, as it exempted him not from the guilt, so not from the punishment due unto such Crimes, whether temporal or eternal: not from the eternal, which is the greatest, that is certain, therefore not from the temporal, which is the less. Finally, God himself threatens, that If Solomon or any Kings of David's Seed should forsake his Law, and not keep his Commandments, but commit iniquity against him, he would chasten them with the Rod of Men, and the Stripes of the Children of Men; whence the Rabbins write, That if their Kings transgressed against the Law of the King, they were and might be scourged for it, without dishonor, by a man whom themselves made choice of: Therefore they might be justly censured and punished by men for their transgressions against God alone, notwithstanding this gloss of these Fathers, true only in some sense in private cases, and sins of infirmity against private men, not of public habitual transgressions.

The second Objection, is that Speech of Samuel to the people, 1 Sam. 8. 11. to 19. This will be the manner of the King that shall reign over you; He will take your sons and daughters, and appoint them for himself, &c. And he will take your fields, and your Vineyards, and your Oliveyards, even the best of them, and give them to his servants. And he will take the tenth of your seed, and of your Vineyards, and give to his servants: And he will take your manservants, your maidservants, your goodliest young men and your Asses, and put them to his service; he will take the tenth of your sheep, and ye shall be his servants; And ye shall cry out in that day, because of the King whom ye have chosen you, and the Lord will not hear you in that day. Therefore their Kings were absolute Monarchs, not bound to Laws, nor responsible to their subjects for their oppressions, not yet resistible by them.

To which I answer, that this is a direct description of a Tyrant, and not of a lawful King; as is evident,

First, by the very occasion of the words; Vttered purposely by Samuel to dissuade the People from electing a King, & changing their former Aristocratical Government, into a Monarchical; because their kings would many of them prove more oppressive, Tyrannicall and burthensome to them then their Judges or his sons were, whose bribery and perverting of judgment, moved the people thus earnestly to affect a change of Government, as is evident by the 1, 2, 3, 4, 5, 6, and 9 Verses; Josephus, and the consent of all Expositors.

Secondly, by the introduction to, and the words themselves, This will be the manner of [ 2] the King that shall reign over you, He will take, and he will do thus and thus; not this ought to be the manner, he ought to do, or lawfully may do thus and thus.

Thirdly, by the things themselves which he would do, which are directly contrary to Deuter. 17. 14. to the end; and all other Scriptures, expressly enjoining Kings to judge their people righteously, to do justice and judgment, and not any ways to oppress or spoil them. I shall instance only in two particulars.

First, the law of God's expressly prohibits all men (and Kings as well as others) to covet their neighbors Houses, his menservants, his maidservants, his Ox, or his Ass, or anything that is his Neighbors: If their Kings then might not lawfully so much as desire or covet, much less might they lawfully take away their Houses, Sons, Daughters, Manservants, Maidservants, Asses, Sheep, Corn, Vineyards, or anything else that was theirs, without their free consents, as Samuel tells them their King would do; this therefore must need▪ be only a declaration of what their Kings would Tyrannically do, not of what they might lawfully or justly execute.

Secondly, it is God's express Edict, Ezek. 46. 18. The Prince shall not take the Peoples inheritance by oppression, to thrust them out of their possessions, but he shall give his Sons inheritance out of his own possession, that my people be not scattered everyone from his possession. And Ezek 45. 8, 9. The Land shall be the Princes possession in Israel, and my Princes shall no more oppress my people, and the rest of the Land shall they give to the house of Israel according to their Tribes: Thus saith the Lord God, Let it suffice you, O Princes of Israel; remove violence and spoil, and execute judgment and justice; take away your exactions ( or expulsions ) from my people, saith the Lord. Whence Ahab King of Israel for coveting, and unjustly deprivi • g Naboth of his Vineyard, which he refused to sell him, because it was the inheritance of his Fathers, and taking possession thereof after his unjust condemnation, had a most severe judgment d • nounced against him, even the utter extirpation of himself, Q. Jezebel, and their posterity, afterwards executed: Which punishment God would never have inflicted on them, had it been lawful for the Kings of Israel to take the people's Fields, Vineyards, Oliveyards, &c. and possess or give them to their servants, as Samuel here tells them their K • ngs will do: This clause then of taking their Field, Vineyards, &c. from them, by the King, without their consents, being thus d • ametrally contrary to these Texts of Ezekiel, and such a capital Crime in King Ahab, ( yea, contrary to the practice of Joseph, and the Egyptian Heathen King Pharaoh, who took not away, but bought the Egyptians Cattle and Lands for Corn, Gen. 47. 14. to 27.) can to ways, be warranted as a just royal prerogative lawful for their Kings to use, but must needs be branded for a Tyrannicall Oppression.

Fourthly, this is evident by the consequences of it, Ye shall be his servants, (not subjects;) And ye shall cry in that day because of your King which ye have chosen you, and the Lord will not hear you in that day, Verse 17, 18. Certainly the people neither would not ought to cry to god against the proceedings of a just upright King, but only of a Tyrant and Oppressor; therefore this Text must needs be meant of such a one, who should be a scourge and punishment to them, as Tyrants are, not a blessing as good Kings always be.

Fifthly, consult we with all Politicians whatsoever, this description suites only with a Tyrant, not with any lawful King: and that it is meant of such a one, we have the testimony of Josephus, the general concurring suffrage of all Commentators and Expositors one the place (see Lyra, Hugo de Sancto Victore, Carthusian, Angelomus Lexoviensis, Calvin, Brenz, Bugenhagius, Beda, Bertorius, Martin Borrhaeus, Peter Martyr, Zanchius, Piscator, Serrarius, Strigelius, Doctor Willet, Deodate▪ the English Bibles notes, with others) and of sundry who descant on this Text in other writings; by name, of M. John Calvin, Instit. l. 4. c. 20. sect. 26. Bishop Ponet his Political Government. p. 44. Junius Brutus Vindiciae contra Tyrannos, qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De Iure Magistratus in Subditos, p, 270. 271. Bucholceri Chronichon. p. 208. Petrus Cunaeus, de Repub. Hebraeor. l. 1. c. 14. Bertrami, Politia Iud • ic. p. 53. Shickardus jus Regium Iudae. p. 64. Albericus Gentilis de jure Belli, l. 3. c. 15. p. 613. Hugo Grotius de jure Belli & Pacis, l. 1. c. 3. Adnotata. p. 72. Governado Christiano, p. 87. Georgius Bucananus de jure Regni apud Scotos, p. 44. Dole • -man, p. 68. 70. Haenon. disp▪ polit. p 432. Weems 2. Vol. 2. Part. p. 14. Hotomani, Franco-Gaul, c. 10. Ames de Casibus Conscienciae, p. 306. and (to name no more in so plain a case) of Doctor Ferne himself, in his Resolving of Conscience, sect. 2. p. 10. where he writes, That Samuel here tells the people, how they should be oppressed under Kings; yet all that violence and injustice done unto them, is no cause of resistance, &c. This Text then being clearly meant of their Kings Oppression, violence, injustice against Law, right, and a clear descript on of a Tyrant, not a King; I may safely conclude from all the premises, that even among the Israelites, and Jews themselves, their Kings were subj • ct to the Laws, and that the whole Congregation, Kingdom, Senate, Sanhedrin, not their Kings, were the Supreme Sovereign power, and Paramount their Kings themselves, whom they did thus freely elect, constitute, and might in some cases justly censure, resist, depose, (if not put to death) by common consent, for notorious gross Idolatries and public multiplied crimes, as the forecited authors aver. All which considered, eternally refu • es, subverts, confonnds the erroneous false Positions and Paradoxes which Doctor Ferne, Griffith Williams Bishop of Ossery, the Author of The necessity of Subjection, with other late ignorant Pamphletters, have broached to the contrary, without either ground or presidents to warrant what they affirm, touching the absolute Sovereignty, Monarchy, irresistibilitie, incorrigibility of the Kings of Judah and Israel by their whole States, Congregations, Kingdoms general assents, and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Sovereign Power of Parliaments, Kingdoms, and the illegality of Subjects taking up defensive Arms against Tyrannicall Princes, bent to subvert Religion, Laws, Liberties, the Republic, are founded; which must now needs vanish into nothing, before this Catholic, irrefragable clear-shining verity, abundantly ratified by innumerable presidents in all eminent Kingdoms, States, Nations, that either have been in any former ages, or are yet extant in the world; which must and will infinitely over-sway, swallow up the inconsiderable contrary opinions of some few privadoes, who (either out of flattery, hopes of getting, or keeping undemerited preferments, fear of displeasing greatness, or inconsiderate following of other reputed learned men's mistakes, without due examination of their erroneous Tenants) have engaged themselves in a Polemicall blind Combat against these infragable transparent Verities; whose defense I have here made good against all their misprisions, and bootless assaults.

Having now Historically ran over the most eminent Empires, Kingdoms of ancient and present times, in a kind of confused method, their copious vastness and variety being so boundless, and my time to collect them so small, that I could hardly marshall them into any comely d • stinct Regiments, or reduce them to the particular Heads debated in the premises; I shall therefore for a conclusion deduce these distinct Conclusions from them, to which the substance of all the recited Histories may be aptly reduced, and are in truth abundantly confirmed by them beyond all contradiction, annexing, some new punctual Authorities of note, to ratify and confirm them.

First, it is undeniably evident from all the premises, That all Monarchies, Empires, Kingdoms, Emperors, Kings, Princes in the world, were originally created, instituted, ordained, continued, limited, and received all their jurisdiction, power, Authority both from, by, and for the people, whose Creatures, Ministers, Servants they are, and ought to be. If we survey all the several Lawfull Monarchies, Empires, Principalities, Emperors, and Kings, that either have been, or yet are extant in the world; we find all sacred and profane Histories concur in this, that they had their original erections, creations from, by, and for the People; Yea, we read the very times when, the most Monarchies of note were instituted, the Names of those on whom the first Monarchies were conferred, (by the people's free election only) yet extant on record in most Histories, and withal express relations, of many different kinds of Kingdoms, Kings, in respect of succession, continuance, Power, jurisdiction, scarce any two kingdoms, or their Kings, being alike in all things in regard of Prerogatives & jurisdictions; all Histories & Politicians concurring, resolving with Peter, that Kings are human Creatures or Ordinances, instituted, diversified thus by men, and the people alone, out of God's general or special providence, not one of them all being immediately or directly ordained by God, as the only efficient cause, without the free concurrence, consent and institution of the people. This truth, is not only ratified by Lex Regia, whereby the Roman Emperors were created, yea, invested with all their power; registered by Iustus Eccardus de Lege Regia, & Marius Salamonius de Principatu, l. 6. formerly transcribed; by Plato, Aristotle, Xenophon, Berosus, Polybius, Cicero, Livy, Justin, Pliny, Strabo, Plutarch, Dionysius Hallicarnassaeus, Diodorus Siculus, Pausanias, Solinus, Alexander ab Alexandro, Hermannus Schedell, Herodotus, Boëmus, Pomponius Mela; forecited, and generally by all Historians, Chronologers, Antiquaries, Lawyers, Politians whatsoever; but directly averred and proved by Franciscus Hotomanus (a famous Lawyer) in his Franco-Gaul, c. 1. 6. 10, 13. the Author of De Iure Magistratus in subditos, Quaest. 5. p. 239. 240, &c. Thomas Garzonius Emporij Emporiorum, Pars, 1. Discursus 1. de Dom. p. 13. Vasquius Controvers. Illustrium, 12. n. 133. 59. n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius, Quaest. Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Iure Belli, l. 1. c. 4. sect. 7. l. 3. c. 14. sect. 11. and elsewhere; Marius Salamonius de Principatu; Eccardus de lege Regia, with others cited by them: Hookers Ecclesiastical Polity. l. 1. sect. 10. p. 69, 70, 71. (a pregnant place) Albericus Gentilis de Iure Belli, l. 2. c. 10. 15. Johannes Marianade Rege & Regum Instit. l. 1. c. 1. to 10. Sparsim, & Junius Brutus, Vindiciae contra Tyrannos, Quaest. 3. p. 83. to 94. with whose words I shall close up this observation, (having elsewhere particularly proved the verity thereof, and answered all Objections against it from misinterpreted Scriptures:)

We say now (writes he) that the people constitute Kings, deliver Kingdoms, approve Kings elections, with their suffrages; which God would have to be thus, that so whatsoever authority and power they should have, they should, next to him, refer it to the people, and therefore should bestow all their care, thoughts, industry for the people profit; neither verily should they think themselves advanced above other men for their excellency of nature, no otherwise then men are over Heards and Flocks, but should remember, that being born in the same condition with others, they were lifted up from the ground unto that condition by the suffrages, as it were, by the Shoulders of the people, upon whose Shoulders the burden of the Common-weal should for a great part rest. After which he proves by Deut. 17. and divers forecited presidents in Scripture, that God gave the Election and Constitution of the kings of Israel to the people; and that notwithstanding the succession of the kingdom of Judah was by God entailed afterwards to the Linage of David, yet the Kings thereof actually reigned not before they were ordained by the people. Whence we may conclude, that the Kingdom of Israel, if we respect the stock, was certainly hereditary, but if we regard the persons, altogether elective. But to what end was this, if the Election appear, as it is confessed, but that the remembrance of so great a dignity conferred by the people, should make them always mindful of their duty: So likewise among the Heathens we read, that Kings were constituted by the people; for when they had wars abroad, or contention at home, someone man, of whose fortitude and justice the multitude had a great opinion, was by cammon consent assumed for King. And among the Medes, saith Cicero, Deioces was of an Arbitrator made a Judge, of a Judge created a King; and among the Romans the first Kings were elected. Therefore when Romulus being taken away, the Inter-regnum of the hundred Senators was displeasing to the Romans, they accorded, that afwards Kings should be chosen by the Suffrages of the people, the Senate approving it: And Tarquin the proud was therefore reputed a Tyrant, for that being created neither by the people nor Senate, he held the Empire only by force and power: Wherefore Caesar although he invaded the Empire by force, yet that he might cosen the people at least with some p • etext of Law, would seem to have received the Empire from the Senate and people: But Augustus although he was adopted by Caesar, yet he never bare himself as heir of the Empire, by divise; but rather received it as from the Senate and people; as did also Caligula, Tiberius, Claudius; whereas Nero, who first invaded the Empire by force and wickedness without any color of Law, was condemned by the Senate. Since then no man could be born an absolute King, no man can be a King by himself, no man can reign without the people: Whereas on the contrary, the people may both be, and are by themselves, and are in time before a King; it most certainly appears, that all Kings were first constituted by the people. Now albeit that from the time that Sons or Nephews imitated the virtues of their parents, they seem to have made kingdoms as it were hereditary to themselves in certain Countries, where the free power of Election may seem in some sort to have ceased, yet that custom hath continued in all well constituted kingdoms, that the children of the deceased kings should not succeed until they were as de n • no, newly constituted by the people, nor should not be acknowledged as heir • s to their Fathers, but should only then at length be reputed kings, when they had as it were received investiture of the Realm from those who represent the Majesty of the people, by a Scepter and Diadem. In Christian kingdoms which at this day are said to be conferred by succession, there are extant most evident footsteps of this thing. For the kings of France, Spain, England, and others are wont to be inaugurated, and as it were put into possession of the Realm by the States, Senators, Nobles and great men of the Realm, who represent the universality of the people, in the same manner as the Emperors of Germany are by the Electors, and the kings of Poland by the Vayuods or Palatines, where the entire right is only by election, neither is royal Honor yielded to them in the Cities of the kingdoms, before they have been duly inaugurated: Neither also heretofore did they compute the time of the reign, but from the day of the inauguration, which computation was accurately observed in France: And that we may not be deceived by reason of any continued stories of succession; even in those very kingdoms, the States of the Realm have oft times preferred a kinsman before a son, the second son before the eldest; as in France, Lewis, the brother, before Robert Earl of Dreux; also Henry, the second brother, before Robert Capet the Nephew, with others elsewhere: Yea, and the same kingdom by Authority of the People, hath been translated from one Nation and Family to another, whiles there were lawful heirs extant; from the Merouingi to the Carlingi, from the Carlingi to the Capets; which hath been likewise done in other Realms, as it sufficiently appears out of the truest Histories. And that we may not recede from the kingdom of France, which hath ever been reputed the pattern of the rest, in which, I say, succession seems to have obtained greatest strength: We read that Pharamond was elected, Anno 419. Pipen, An. 751. Pipens sons, Charles the great and Charlemain 768. not having respect of the Father; Charlemain being at last taken away 771. the Brothers part did not immediately accrue to Charles the Great, as is usually done in inheritances, but by the determination of the people and public Council: and by them Ludovicus pius was elected, An. 812▪ although he were the son of Charles the great. Yea, in the very Testament o • Charles, which is extant in Nauclerus, he Intreats the People by the Common Council of the Realm to elect one of his nephews whō they pleased; as for hi, Vncles he bids thē rest satisfied with the Decrec of the people. Whence Charles the bald, Nephew by Lewis the godly and Judith, professeth himself An elected King in Aimoinius the Historiographer. In sum, all kings whatsoever, from the beginning were Elective; and those who at this day strive to come to the kingdom by succession, must of necessity be First ordained by the people. Finally, albeit the people by reason of certain egregious merits, hath in certain Realms used to choose kings out of the same stock, yet they choose the stock itself, nor the branch; neither do they so choose it, but if it degenerates, They may elect another: But even those who are nearest of that stock, are not so much born, as made kings; are not so much accounted kings as the Attendants of kings; which Franciscus Hotomanus in his Franco-Gaul, cap. 6. 7. & 10. prosecutes more at large, and manifests by sundry pertinent Presidents and Authorities.

Secondly, that it is apparent by all the premised Histories; That in all Empires, Monarchies, the whole Empire, State, Kingdom, with the Parliaments, Senates, States, Diets, public Officers and general Assemblies which represent them, are the Supreamest Sovereign power, superior to the Emperors, Kings and Princes themselves; who are subordinate Ministers and servants to them, elected, created by them for their common good; and not absolute Sovereign Lord's or Proprietors to rule & domineer over them at their pleasure: Which conclusion you shall find abundantly ratified, and pro • essedly maintained by Marius Salamonius, de Principatu, in six several Books; by John Mariana, de Rege & Regis Instit. t. 1 c. 8. Stephanus Junius Brutus, his Vindicia contra Tyrannos, throughout, especially p. 91. to 110. the Treatise, De Iure Magistratus in Subditos, throughout: Iustus Eccardus, de Lege Regia: Henricus Ranz • vius; Commentarii Bellici, lib. 1. c. 3. and elsewhere: Georgius Obrechtus (an eminent Civil Lawyer ) Disputationes Iuridicae, de Principiis Belli, sect. 115. to 200. where he thus resolves, The inferior Magistrates, as in Germany the Electors, Princes, Earls, Imperial Cities; in France the Peers of France, in Poland the Vayuodes or Palatines, and in other Kingdoms the Nobles, Senators, and Delegates of the Estates, as they are severally inferior to the Emperor or King, Ita Univers • Superiores existunt, so collectively They are superior to them; as a General Council is above the Pope, the Chapter above the Bishop, the University above the Chancellor; The Prince, saith Pliny the second, even the greatest, is obliged to the Commonwealth by an Oath, as its servant, ac ipsa Republica seu Regno Minor est, and is less then the Republic or Kingdom it self:) by Franciscus Hotomanus a learned French Lawyer, in his Franco-Gaul, c. 6, 7. 10, 11. 14, 15, 16, 18, 20. Aquinas, de Regimine Principum, c. 6. by Hemingius Arnisaeus, De Auctoritate Principum in populum, &c. and De Iure Majestatis, Sebastianus Foxius, De Regni Regisque Institution; Vasquius Controvers. Illustrium passim, Cavarnuius Contr. Illustr. T. 2. 505. n. I. 399. n. 6. Haenon Disp. Polit. p. 179. &c. Alhusius Polit. c. 4. p. 146. to 154. with John Calvin Instit. l. 4. c. 20. sect. 31. and divers others forecited: Hear Junius Brutus instead of all the rest to this particular, being a Frenchman by birth, and writing his mind herein both freely, accutely and ingeniously, in these words:

Now verily, since Kings are constituted by the people, it seems necessarily to follow, populum universum Rege potiorem esse, That all the people are better and greater then the King. For such is the force of the word, that whoever is constituted by another, is reputed less then him; he who receiveth authority from another, is inferior to his Author. Potipher the Egyptian appointed Joseph over his family; Nebuchadonozer set Daniel over the Province of Babylon; Darius set an hundred and twenty Princes over the Kingdom. Verily Masters are said to appoint servants; Kings Ministers; so likewise the people appoints the King, as the Minister of the Commonwealth; which title good Kings have not contemned, and ill Kings have affected, so that • or some ages, none of the Roman Emperors, but an apparent Tyrant, such as Nero, Domitian, Caligula, would be called LORD. Moreover it appears, that Kings were instituted for the people's sake; neither wilt thou say, that for an hundred Homunci • es more or less, (for the most part far worse then the rest) all inferiors whatsoever were created, rather then they for them. Now reason requires, that he for whose sake another exists, is to be accounted lesser then he. Thus the Governor of a Ship is instituted by the owner for the Shippes sake, who sits at the Helme, lest the Ship should be broken on the Rocks, or ill hold her course. And verily whiles he intends this business, the other Mariners serve him, and the owner himself obeys him; and yet he is a servant of the Ship, as well as any mariner, neither differs he from a mariner in gender, but in kind: In the Republic, which is usually compared to a Ship, the King is in place of a Master, the people of an Owner: Threfore to him seeking the public safety, the people obey and submit; when notwithstanding he is, and ought no less to be accounted a servant to the Republic, as well as any Judge or Captain, neither differs he from those in anything, but that he is bound to bear greater burdens, and undergo more dangers: Wherefore verily what things soever the King acquires in war, or when he gaineth adjoining Coasts by right of war or by sentence of Law, as those things which are brought into the Exchequer, he acquires to the Kingdom not to himself; to the people, I say, which constitute the kingdom, no otherwise then as a servant (purchaseth) to his Lord; neither can any obligation be contracted with him, but by their authority. Furthermore, innumerable people live without a king, but thou canst not conceive a King without a people, so much as in thy mind. Neither have some attained a Royal Dignity because they differed in kind from other men, and ought to rule over others by a certain excellency of nature, as shepherds do over their Flo • ks; but rather, the people created out of the same Mass, have advanced them to that degree, that so if they enjoyed any authority, any power, they should acknowledge it received from them, and possess it as during their pleasure; which the ancient custom of the French aptly showeth, who lifting their King up on a Buckler, proclaimed him King. For why, I pray, are Kings said to have innumerable eyes, many ears, long hands, most swift feet? what, because they are like to Argus, Gerion, Midas, or to those whom fables have feigned? verily no, but indeed because all the people whom it concerns, lend all their eyes, their ears, their hands, feet, and faculties to the king for the use of the Republic. Let the people recede from the King, he who even now seemed eyed, eared, strong and flourishing; will suddenly wax blind, deaf, and fall to nothing; he who erewhile did magnificently triumph, will in one moment become vile to all: he who even now was adored almost with divine honors, will be compelled to play the Schoolmaster at Corinth: Over-turn only the basis of this Giant-like heap, and like the Rhodian Colossus, it will of necessity fall, and be broken into pieces. Since therefore a King exists by and for the people, and cannot consist without the people; to whom may it seem strange if we conclude, That the People are greater then the King.

Moreover, what we say of all the People, we will have spoken also, as in the second Question, of those also who lawfully represent all the people in every kingdom or City, who verily are commonly reputed the Officers of the Kingdom, not King. The Officers of the K • ng, are created or discharged by the King at his pleasure; Moreover, when he dieth they are out of place, and are in some • ort accounted dead men. Contrarily, the Officers of the kingdom, receive their a • thority from the people, to wit, In a public Council, or at least, Heretofore were w • nt to receive it, neither can they be casheered without the same. Therefore those depend on the King, these on the kingdom: they, from the Supreme Officer of the kingdom, who is the king himself; these, From the Supreme Dominion of the People, from whom the king himself, as well as they, ought to depend. Their Office is, to take care of the king: these men's duty, to take heed that the Commonwealth receive no detriment anywhere: Theirs to be present and serve the King, as any domestic servants do their Masters; these men's, to defend the rights and privileges of the people, and diligently to provide, that the Prince himself commit, or omit nothing to their destruction. Finally, those are the Kings servants, Ministers, domestics, instituted only to obey him; these contrarily, are as the kings Assessors in judging according to Law and Consorts of the Royal Empire; so as all these are bound to govern the Commonweal, no otherwise then the king is; yet he, as a president among them, may only hold the first place. Now as All the People are superior to the King; so even these, although single, every of them be inferior to the King, yet All of them are to be deemed superior to him. How great the power of the first kings was, appears sufficiently from this; that Ephron king of the Hittites, durst not grant the right of a sepulcher to Abraham without the people's consent; nor Hamor the Hiuite king of Shechem, make a league with Jacob, the more weighty affairs being usually referred to the people. And ve • ily in those kingdoms, which at that time were circumscribed almost with one City, this was easy: But from that time kings began to enlarge their Territories, neither could all the people assemble in one place without confusion, Officers of the kingdom were appointed, who should ordinarily defend their rights; yet so, as when there should be need, either all the people, or at least a certain Epitome of them should be extraordinarily assembled. We see this order to have been in the kingdom of Israel, which by the judgment almost of all polititians, was best of all constituted. The king had his Bakers, Butlers, Cham • berlaines, Masters and Stewards of his House, who overlooked his Family; the kingdom had likewise its Officers, 71. Elders and Captains chosen out of every tribe, who might take care of the Republic in time either of peace or war: and finally its Magistrates in every Town, who were everyone to defend their Rites, as the others the whole kingdom (which he proves to be above their kings, and to over-rule them, in the forecited passage.) Such were the 7. Magi, or wise men in the Persian Empire, being as it were Consorts of the Royal Honor, and who were called the kings eyes and ears, with whose judgment we read the kings rested satisfied: Such were the Ephori in the Spartan Realm, to whom they appealed from the king, and who did likewise judge the kings themselves; as it is in Aristotle; In the Egyptian kingdom the public Ministers were elected and assigned to the king by the people, only to this end, that he should commit nothing against the Laws. Now as Aristotle everywhere calls those lawful kings, to whom such Officers are adjoined, so likewise he fears not to say, where they are wanting, that there is not a Monarchy, but either pla •• lie a barbarous tyranny, or a domination next to Tyrannie. In the Roman State the Senators obtained this place, and the Magistrates ufually chosen by the people, the Tribune of the Consuls, the president of the City, and the rest, so as there lay an appeal from the king to the people, which Seneca cites out of Tullius Book of the Republic, and the History of Horatius Tergeminus, condemned by the Royal Judges for the murder of his sister, and absolved by the people, sufficiently evidenceth: But under the Emperors, the Senate, Consuls, Pretors, Pretorian Perfects, Presidents of Provinces, which were given to the people and Senate, were therefore all called the Magistrates of the people of Rome. Therefore when as by the Decree of the Senate, Maximinus the Emperor was judged an enemy of the Republic, and Mazimus and Albinus were created Emperors by the Senate against him, the Soldiers took an oath, that they would Fathfully obey the people of Rome, the Senate & Emperor, howsoever this law might be violated under tyranny. As for the Empires at this day (as the Turkish & Muscovitish, and others of this kind, which are rather great Robberies, then Empires) there is not one of them, which if not at this time, was not at least in times past governed in this manner. But if it be come to pass through the Magistrates fault and sloathfulnes, that in some places posterity have received a worser Common weal, notwithstanding those who at this day possess these Offices, are bound as much as in them is, to revoke all things to their ancient state. In the German Empire which is conferred by election, there are Princes, and Electors, as well Laics as Ecclesiastics, Earls, Barons, Cities, Ambassadors of Cities, who as they have the care of the Commonwealth in their several places, so likewise in general Assemblies (or diets) whenthere is needs, they represent the Majesty of the whole Empire, where they are bound to care, that the Republic sustain no detriment by the private endeavors or hatreds of the Emperor. Therefore there is one Chancellor of the Empire, another of the Emperor; other and different Officers besides, both of the one, and other: divers Exchequers, divers Treasurers; and therefore it is a common saying, that the Empire is preferred before the Emperor, so as the Emperor may be everywhere said to do homage to the Empire. Likewise in the Realm of Poland, the Bishops, Palatines, Castellans, Nobles, Deputies of Cities and Counties are extraordinarily assembled; in whose assembly only new constitutions are made, and wars decreed. But ordinarily the councellers of the Realm of Poland, the Chancellor of the Polish Repub. &c. although the King in the mean time hath his own Chamberlains, Stewards, Ministers & Domesticks. But he who will dispute among the Polonians, whether the King or the whole people of the Kingdom, represented by the Estates of the Realm, be greater? doth just like him who should dispute at Venice, whether the Duke or the Republic were the superior? But what shall we say of those kingdoms which are wont to be carried by succession? Verily the thing is no otherwise there. The Realm of France, which not long since was preferred before the rest both for the excellency of Laws and Orders, was thus constituted in times past; and although those who hold that place do not sufficiently discharge their duty, yet they are not thereby the less obliged to do it: The king verily hath his great Master, or Arch-Steward, his Chamberlains, Hunters, Gua • d, Butlers, and the rest, whose Offices heretofore did so depend on the King that he dying, themselves seemed also to die in their Office; so that even yet, after the end of the mourning royal, the great Master or Arch-Steward, is wont to pronounce certain conceived words, wherewith he dismisseth the royal family, and bids everyone provide for himself: Yet notwithstanding the Kingdom of France hath its Officers, the master of the Palace, who afterwards was styled the Earl of the Stable, the Marshals, Admiral, Chancellor, or great Referendary, Secretaries, Treasurers, and Officers, who verily heretofore WERE NOT CREATED, BUT IN THE GREAT PUBLIKE COVNCELL of the three Orders of the Clergy, Nobility and people; but since the standing Parliament was ordained at Paris, they are not thought settled in their Offices, before they be received and approved by the Senate of Paris, neither can they be casheer'd without their consent and authority: Now all these, first plight their faith TO THE KINGDOM, that i • , to all the people, after that to the King, as the Guardian thereof; which is perspicuous even from the very form of the Oath. But especially the Earl of the Stable, when he is girded by the King with the Liliated sword (as appears by the words which he pronounceth,) is girded to that purpose, THAT HE MAY DEFEND AND PROTECT THE REPVBLIKE. Moreover the Realm of France hath its Peers, as Consuls of the King, or its Senators, as the Fathers of the Republic, every of them denominated from the several Provinces of the Kingdom, to whom the King, being to be crowned, is wont to plight his faith, as to the whole Kingdom: from whence it appears, THAT THEY ARE SVPERIOR TO THE KING: These again likewise wear, that they will defend, not the King, BVT THE ROYALL CROWN; that they will assist THE REPVBLIKE with their council, and that for this end, they will be present in the sacred Council of the Prince in time of Peace or War, as manifestly appears out of the formulary of the Peership: Therefore by the Law of Lombardy, in giving sentences, they did not only sit with the Lord of the Fee as Peers, but likewise heard the Causes oft times between the Superior Lord and his Vassall. We likewise see these Senators of France to have oft times judged between the King and Subjects, so that when Charles the 6. would have pronounced sentence against the Duke of Britain, they withstood him, and said, THAT THE IVDGEMENT WAS NOT THE KINGS, BVT PEERS, FROM WHOSE AVTHORITY HE COVLD DEROGATE NOTHING. Hence even at this day the Parliament at Paris, which is called the Court of Peers or Senators, is in some sort constituted a Judge between the King and People, yea, between the King and every private man, and is bound, as with an obligation to right everyone against the King Procurers, if he invades anything against Law; Besides, if the King determines anything, or makes any Edict at home, if he make any compact with neighbor Princes, if any War be to be waged, if any Peace be to be made, as of late with Charles the fifth, The Parliament ought to approve, and be Author of it, and all things which appertain to the Common-wealth, ought to be registered among its acts; which verily are not ratified, until they shall be approved by it. Now that the Senators might not fear the King, heretofore none could be preferred into that Order, but such who were nominated by the Senate, neither could they Lawfully be removed, but by its Authority, for a lawful cause.

Finally, even the Kings Letters, unless they be subscribed by the Kings Secretary, and rescripts, unless they be signed by the Chancellor, (who hath a power of cancelling) have no authority. There are likewise Dukes, Marquesses, Earls, Vicounts, Barons, Castellanes; also in Cities▪ Mayors, Deputies, Consuls, in Sindeches, Auditors, and the like, to whom some particular Region or City are severally commended, that they may defend the People so far forth as their jurisdiction extendeth, although some of these dignities at this day are reputed Hereditary: And besides this, yearly heretofore, at leastwise as often as necessity required, there was held an Assembly of the three Estates, wherein all the Countries and Cities of any note, did send their Deputies, namely Commons, Nobles, Ecclesiastics in each of them apart; where they publicly determined of those things which appertained to the Republic: Now such was evermore the authority of this Assembly, that not only those things which were therein accorded, were reputed sacred and holy, & whether Peace were to be concluded, or War to be waged, or the Guardianship of the Realm to be committed to any one, or a Tax to be imposed, was there concluded; but even Kings themselves for their luxury, slothfulness or tyranny, were thrust into Monasteries, & by their authority, even all their Ofsprings deprived of the succession of the Kingdom, no otherwise then at first, when as they were called to the kingdom, by the people's authority: verily those whō consent had advanced, dissent did pull down again; those whom imitation of paternal virtues had as it were called into that inheritance, a degenerate and ungrateful mind, as it had made then uncapable and unworthy, so it did make them to be disinherited: From whence verily it appears, that succession truly was tolerated to avoid competition, succession, an interregnum, and other incommodities of Election; but truly when grea • er damages would follow; where Tyranny should invade the Kingdom, where a Tyrant the Throne of a King, the lawful Assembly of the people Perpetually reserved to themselves an Authority of expelling a Tyrant or slothful King, and of deducing him to his Kindred, and of substituting a good King in his place. Verily peradventure the French received this from the Gauls, Caesar in the fifth Book of the Gallic War, being the Author; For Ambiorix King of the Eburoni, confessed, that all that time the Empires of the Kings of Gaul were such, that the people duly assembled, had no less authority over the King, then the King over the people; which also appears in Vercingetorix, who pleaded his cause before an assembly of the people. In the Kingdoms of Spain, especially in Valentia and Catteloigne of the Arragonians it is even thus, for the Sovereignty of the Realm, is in the Justice of Aragon, as they call it; therefore the great men, who represent the people, fear not to tell the King in direct terms, both in his very Coronation itself, and likewise every third year in the general assembly of their Estates, Tantum valemus nos, quantum vos; We are as powerful as you, but the Justice of Aragon is above us both, who rules more than you. Yea, oftentimes what things the King hath asked, what he hath enjoin'd, the Justice hath prohibited; nay, he never dares to impose any tribute without the authority of that Assembly. In the Realms of England and Scotland, the Supreme power is in the Parliament, usually wont to be held almost every year. Now they call a Parliament, the Assembly of the Estates of the Realm, where the Bishops, Earls, Barons, Deputies of the Cities and Counties by common suffrage determine of the Republics affairs, whose authority is so sacred, that what things soever it shall once establish, it is unlawful (or a wicked act) for the king to abrogate. Likewise all the Officers of the Realm are wont to receive their Offices from that Assembly, and those who ordinarily assist the King or Queen in Council. In brief, other Christian Kingdoms, as Hungary, Bohemia, Denmark, Sweden, and the rest, have all their Officers of the Realm, or Consuls of the Royal Empire, who by their own Authority have sometimes used even to depose their Kings themselves, as Histories teach, or fresh memory suffici • ntly manifests: Neither is there verily any cause that we should think the Royal Authority to be thereby deminished, or that Kings should hereby suffer as it were a diminution of their heads; Truly, we deem not God the less potent for this, because he cannot sin by himself, nor his Empire more restrained, because it cannot be ruined, nor grow worse; therefore not a King, if that he who may offend by himself, be sustained or kept from sinning by another's help; or if peradventure he had lost any Empire by his own negligence or fault, that he may retain by another's prudence. What? do you think any man less healthy, because Physicians • it round about him, who dehort him from intemperance, who interdict him the eating of hurtful meats, who likewise ofttimes purge him against his will, and resisting? Or whether doest thou think those Physicians who take care of his health, or flatterers who obtrude the most unwholesome things, to be more his friends? Therefore this distinction is altogether necessary to be adhibited: Some are friends of the King, others of Caesar; those are friends of Caesar, who serve Caesar; those friends of the King or Emperor, who serve the Kingdom: For since any one is called a King, for the Kingdoms sake, and the Kingdom consists in the people; but the Kingdom being lost or decayed, the King must altogether cease to be a King, or, at least, be less a King: those verily who shall study the profit of the Kingdom, are truly the Kings friends; those who neglect, or subvert the profit of the Realm, are truly his Enemies: and as thou c • nst by no means separate the Kingdom from the people, nor the King from the Kingdom; so neither the friends of the King from the friends of the Kingdom or people; yea verily, as those who truly love Caesar would rather have him to be a King then a private man, nor can they have him a King without a Kingdom, in good • ooth those shall be the Kingdoms friends who are Caesar's; and those who would seem to be more the friends of Caesar, then of the Kingdom or people, are truly to be reputed Flatterers and most pernicious enemies. But and if they be truly friends, is it not manifest, that the King will become more powerful and stable, (as Theopompus said of the Ephori when instituted) by how much those shall be more, and more powerful, to whom the profit of the people or Realm shall be commanded and committed?

But perchance thou wilt say, You tell me of the Senators, Peers, and Officers of the Realm, but I, on the contrary, see nothing but Ghosts, and as it were ancient Cote-Arms in Tragedies, but I scarce anywhere discern any foot-steps of ancient liberty and authority. Finally, you may see most men everywhere to look to their own affairs, to flatter kings, to cheat the people; scarce anywhere mayest thou find one who takes pity of the mascerated people, much less who will give help to the miserable; but if there be any who are truly of that mind, or thought to be so, they are judged Rebels, or Traitors, they are banished, and they are compelled to beg even their very food. What? the thing is thus: It seems almost always and in every place the audacity of Kings, or partly the prevarication, partly the slothfulness of the Nobility hath been such, that kings may seem to have usurped that licentiousness wherewith most of them at this day seem to wax insolent, by a long prescription of time, but the people may seem to have determined their Authority, or to have lost it by not using it: For so it happens for the most part, that no man takes care for that which all are bound to take care of, that which is committed to all, no man thinks it is commended to him. Yet notwithstanding, against the people, neither this prescription nor prevarication doth anything. It is a vulgar saying, that no prescription can hurt the king, or Exchequer, much less all the people, who are potenter then the King, and for whose sake the Prince hath this privilege; for why else is the Prince only the administrator of the Exchequer, but for the people, the true proprietors as shall be after proved? Furthermore, is not this a known truth, that no violence, no not in the longest lasting servitude, can be prescribed against liberty? But and if thou objectest, that Kings were constituted by the people, who perchance lived above five hundred year since, not by the people extant at this day; I answer, that although kings do die, the people in the mean time (as neither any other University) never dieth; for as flowing waters make a perpetual river, so also the vicissitude of birth and death an immortal people: Therefore as the Rheine, Seine, Tiber, is now the same as it was above a thousand years ago, so likewise the Germane, French, Roman people are the same, (unless Colonies shall have casually intervened) neither can their right be any ways changed, either by the flux of water, or change of individuals. Besides, if they attribute the Kingdom received, not to their people, but to their Father▪ & he to his Grandfather, and so upwards, could he transfer more right to another then himself first had? But and if he could not, (as it is certain he could not) is it not manifest, whatsoever he shall arrogate to himself besides, that he cannot anymore usurp it then any thief? But on the contrary the people have a right of perpetual eviction. Therefore that the Nobles have been for a long space oppressed in any Kingdom, can no way prejudice the people; but rather, as the servant should not be heard, who in that he hath a very long time detained his Lord captive, should boast, that he was not only a Free-man, but would likewise arrogate to himself a power of life and death over his Lord: nor yet a Thief, who because he hath robbed 30. years, or is the son of a Thief, should think himself to be without fault, yea rather, by how much the longer he hath been such a one, the more severely should he be punished: So likewise a Prince is not to be heard or endured, who because he hath succeeded to a Tyrant, or hath for a long time used the people like a bondslave, from whom he hath received his kingdom, or hath offered violence to the Nobles, should think that what ever he lusted should be lawful to him, and ought to be granted of right. Neither do years subtract anything from the people's right, but add to the injury of the King. But what, if the Nobles themselves have colluded with the King? what, if in betraying the cause, they have betrayed the people as it were bound, into the hands of a Tyrant? shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the King? whether I say, by this fact is anything taken away from the liberty of the people, or adjoined to the licentiousness of the Prince? You will say, they may impute it to themselves, who made choice of such men of perfidious faith. But yet these are as patrons to patronize the public profit, and the people's safety and liberty: Therefore as when an Advocate shall make a compact with the adversary of his Client, concerning the value of the suit as they speak, if he had betrayed his cause, he should not hurt him at all; so this conspiracy of the Nobles, as it were made to the damage and destruction of the people, cannot verily detract anything from their right; but even they themselves shall fall into the penalty of the Law, which is promulgated against prevaricators, and the Law permits the people to choose another patron, and to prosecute their right again: For if the Roman people condemned their Emperors to punishment, who at the Caudine Gallows had dishonourably contracted with the enemies, although by compulsion, and reduced to greatest straits; and judged that they were no ways obliged by that paction; shall not the people be much less bound to suffer that yoke, which not by force, but willingly; not for fear of death, but out of desire of gain, hath been thus treacherously put upon them? Or if those who ought to shake it off shall impose it, or those who might do it, shall tolerate it? He hath many other pertinent passages to the same effect, which brevity enjoins me to omit; those that please may read them at their leisure in the Author himself; whose opinion is fortified by Alphonsus Menesius his poems, annexed to his Treatise.

Thirdly, it is abundantly manifest from all the premises; That Kings and Emperors always have been, are, and ought to be subject to the Laws and Customs of their Kingdoms, not above them, to violate, break, or alter them at their pleasures, they being obliged by their very Coronation Oaths in all ages and Kingdoms inviolably to observe them. This verily is confessed by K. James, by our K. Charles himself in his la • e Declarations to all his Subjects; resolved by Bracton Fleta, Fortescue, our Common and Statute Laws forecited; by the Year Book of 19. H. 6. 63. a. where Fray saith, That the Parliament is the highest Court which the King hath, and the Law is the highest inheritance which the King hath, for by the Law he himself and all his Subjects are ruled; and if the Law were not, there could be no King nor inheritance; This is proved by Stephen Gardener Bp. of Winchester in his Letter to the Lord Protector; where he writes, That when he was Ambassador in the Emperors Court he was fain there, and with the Emperors Ambassador to defend and maintain, by Commandment in a case of Jewels, That the Kings of this Realm were not above the Order of their Laws, and therefore the Jeweler although he had the kings Bill signed, yet it would not be allowed in the Kings Court, because it was not obtained according to the Law; and generally granted by all our own English Writers, is copiously asserted, and professedly averred by Aristotle, Polit. l. 3. c. 11. 13 Marius Salomonius de Principatu. in six special Books to this purpose, by Iustus Eccardus de Lege Regia, Thomas Garzonius Emporii, Emporiorum, Pars 1. Discursus 1. de Dominiis sect. 6. p. 9, 10. Ioannis Carnotensis Episc. lib. 4. Policrat. c. 1. Bochellus Decreta, Eccles. Gal. l. 5. Tit. 1. Cap. 6. 15, 16. Haenon. Dispute. Polit. p. 428. to 442. Fenestella de Magistratu, p. 149. Ioannis Mariana de Rege & Regis Instit. l. 1. c. 9. ( an excellent discourse to this purpose ) Petrus Rebuffus, Pr • fat. ad Rubr. de Collationibus, p. 583, 584. Sebastianus Foxius de Rege, &c. part. 1 p. 108, 109 part. 2. 192 &c. Buchanon de Iure Regni apud Scotos passim, Junius Brutus Vindiciae contra Tyrannos, quaest. 3. p. 116. to 139. ( an accurate discouse to this effect ) Grimalius de Optimo Senatore, p. 33. 201, 205. Vasquius contr. Illustr. 16. n. 15. 19. 21. 17. n. 1. 23. 20. n. 3. 44. n. 3. 73. n. 12. 13. 15. 72. n. 7. and elsewhere. De Iure Magistratus in subditos, passim, Polanus, in Ezech p. 824. 854. Pareus in Rom. 13. p. 138. Francis. Hotomani, Franco Gaul▪ c. 6. to the end of Cap. 20. Sparsim, Governado Christiano, p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de Iure Billi, l. 1. c. 4. s. 7. l. 2. c. 14. and elsewhere throughout his second Book, with infinite others of all sorts: This all good Emperors and Kings in all ages have prof • ssed, as these Authors prove. Thus the good Emperor Trajan practiced and professed; That the Prince was not above the Laws; Hence Apollonius Thyanaeus writing to the Emperor Domitian, saith, These things have I spoken concerning Laws, which if thou shalt not think to reignover thee, then thyself shalt not reign: Hence Antiochus the third, King of Asia is commended, that he writ to all the Cities of his Kingdom, if there should be anything in his Letters he should write, which should seem contrary to the Laws, they should not obey them. And Anastatius the Emperor made this wholesome sanction, admonishing all the Judges of his whole Republic, that they should suffer no Rescript▪ no pragmatical sanction, no sacred adnotation which should seem repugnant to the general Law or the public profit, to be produced in the pleading of any suite or controversy; enough eternally to shame and silence those flattering Courtiers, Lawyers, Divines, who dare impudently, yea, impiously suggest the contrary into Princes Ears, to excite them to Tyrannize and oppress their subjects against their express Oaths (inviolably to observe and keep the Laws) their Duties, the very Laws of God and man; of which more in the seventh and eight Observation.

Fourthly, That Kings and Emperors can neither anull, nor change the Laws of their Realms, nor yet impose any new Laws, Taxes or Impositions on them, without the consent of their People, and Parliamets: This I have largely manifested in the first Part of this Discourse, and the premised Histories, with the Authors here quoted in the three precedent Observations, attest and prove it fully; for if the whole Kingdom, Parliament, and Laws themselves be above the King or Emperor, and they receive their Sovereign Authority from the • eople, as their public servants: It thence infallibly follows, that they cannot alter the old Laws which are above them, nor impose new Laws or Taxes to bind the whole Kingdom, people, without their assents, they being the Sovereign Power. This point being so clear in itself, so plentifully proved in the premises, I shall only add this passage out of Junius Brutus, to ratify it;

Fifthly, that all public great Officers, Judges, Magistrates, and Ministers of all Realms, are more the Officers and Ministers of the Kingdom than the Kings, and anciently were, and now ought to be of right elected only by the Kingdom, Parliament, people, and not removable but by them: which is largely proved by Junius Brutus Vindiciae contr. Tyrannos, qu. 1, 2, • . De Iure Mag • stratus in Subditos, qu. 5, 6, 7, 8, 9. with others, the Histories forecited, and Hotomani Francogallia, c. 6, 11, 12, 13, 14.

6. That Kings and Emperors have no absolute power over the lives, liberties, goods, estates of their subjects, to dispose of them, murder, imprison, or strip them of their possessions at their pleasure; but ought to proceed against them in case of Delinquency according to the known Laws and Statutes of their Realms: This truth is abundantly evidenced by all the premises; by Magna Charta, c. 29. and all Statutes, Law-Books in affirmance of it; by resolution of the Judges in Henry 8. his reign, Brook, Corone 29. That it is Felony to slay a man in justing, and the like, notwithstanding it be done By command of the King, for the command is against the Law and of Judge Fortescue, 19. H. 6. 63. That if the King grant to me, that if I kill such a man, I shall not be impeached for it, this grant is void and against Law. By Junius Brutus, Vindiciae contra Tyrannos, Quaest. 3. p. 1 • 6, to 137. and the Treatise De Iure Magistratus in subditos in sundry places, where this undeniable verity is largely proved, confirmed, and by others forecited.

Seventhly, That Emperors, Kings, Princes are not the true Proprietory Lord's or Owners of the Lands, Revenues, Forts, Castles, Shipps, Jewels, Ammunition, Treasure of their Empires, Kingdoms, to alienate or dispose of them at their pleasures; But only the Guardians, Trustees, • Stewards, or Supervisors of them for their Kingdoms use and benefit, from whom they cannot alien them, nor may without their consents or privities lawfully dispose of them or any of them, to the public prjudice; which if they do their grants are void and revocable. This proposition formerly ratified by many reasons, authorities, & sundry Historical Passages in this Appendix, is not only evident by the M • tropolitans usual speech to all elected Kings, (prescribed by the Roman Pontifical, ratified by the Bull of Pope Clement the eight, where the Metropolitan, when any King is presented to him to be Crowned, first demands of the Bishops, who present him; Do you know him to be worthy of and profitable to this dignity? to which they answer, We know and believe him to be worthy and profitable to the Church of God, and for the Government of this Realm: After which the Metropolitan among other things, useth this Speech unto him, Thou shalt undeniably administer Justice, without which no society can continue towards all men, by rendering rewards to the good, punishment to the evil, &c▪ and shalt so carry thyself that thou mayest be seen to reign • not to thine own, but to all the people's profit, and to expect a reward of thy good deeds, not in earth but in heaven; which he immediately professeth with a solemn Oath, to perform to the uttermost of his power and knowledge; ) but likewise professedly maintained by Iustus Eccardus de Lege Regia, Marius Salamonius de Principatu, Hugo Grotius de Iure Belli, & Pacis, l. 1. c. 4 sect. 10. Lib. 2 c. 13. 14. Hotomani Franco-Gaul, c. 6. 10. 14. Ruibingius, l. 2. Class. 11. c. 8. n. 26. Ioannis Mariana, Hist. l. 10 c. 16. l. 27. c. 11 l. 35. c 16. Albericus Gentilis, de Iure Belli, l. 3. c. 15. Cuiacius, c 33. de Iure Iurando, Decius, Cons. 564. 689. Cephalus, Council. 618. Alciatus, l. 3. de v. s. l 15. C. de pact. Baldus Proaem. Digest. and by Junius Brutus Vindiciae contra Tyrannos, qu. 3. p. 136. to 256. who handles this question professedly, Whether that the King be the proprietory Lord of the public Royal Patrimany of his Kingdom, or the Vsufractuary of it? determining clearly that he is not. I shall transcribe the most of his Dicourse;

Thus and much more this accute learned Lawyer, to the conviction and refutation of all opposite Ignoramusses in this case of grand concernment, which will put a period to our unhappy controversies concerning the Militia, ( formerly discussed) without further debate.

Eighthly, That Emperors and Kings are most solemnly obliged by a Covenant and Oath, usually made to, and before all the people at their Coronations, to preserve their people's laws, liberties, lives, estates; by breach whereof in a willful excessive manner, they become perjured Tyrants, and the people and Magistrates are in some sort thereby absolved from their Allegiance, and all obedience to them.

This is evidently and plentifully confirmed by the forecited Coronation Oaths, and Covenants of our own English Kings to their subjects, by De Iure Magistratus in Subdit • s, q • aest. 10. p. 321. 322. and quaest 6. p. 260. to 300. Andrew Favine his Theatre of Honor, lib. 2. c. 11. 24. Francisci Hotomani Franco-gallia, cap. 6. 10. &c. Hugo Grotius de Iure Belli & Pacis, 1. 2. c. 13. 14. Pontifi • ale Romanum, Rome 1611. fol. 162. 163. Descriptio Coronationis Maximiliani Imperatoris, Anno 1486. inter rerum German Scriptores, Tom. 3. p. 32. Olaus Magnus de Gent. Septentrionalibus Hist. l. 14. c. 6. Laur, Bochellus decreta Ecclesiae Gallicanae, l. 5. Tit. 2. c. 1. p. 703. M. John Seldens Titles of Honor part. 1. ch. 8. sect. 5. p. 198. 214. 225. 226. (where the Coronation, Oaths of the Emperor, French King, of all the Northern Kings, and of most Elective and Successive Kings and Queens to their Subjects, are at large recorded:) Alhusius Polit. c. 4. Iustus Eccardus de Lege Regia; Thomas Aquinas de Reg. Principis, c. 6. & 2. qu. 2 ^ae . 12. art. 2. John Ponet Bishop of Winchester in his Political Government. Arnisaeus de Authoritate Principum, p. 50. to 123. Sparsim. Vesquius contro. Illustr. passim. Ioannis Mariana de Rege & Regis Instit. l. 1. c. 6. 7. 9. Georg. Bnchanon de lure Regni apud Scotos. Simancha Pacensis de Catholica. Instit. Tit. 23. n. 11 p. 98. Franciscus Tolletus in summa l. 5 c. 6. Huldericus Zwingli; Explan. Artic. 40. 41. 42. And, to omitall others, Junius Brutus in his Vindiciae contra Tyrannos, quaest. 3. p. 156. to 167. with whose words I shall fortify and irradiate this position: