cock. But see if a draught of Littleton will recover
him to his senses.
“If this man, having fee simple in
his lands, yet will take a lease of his own lands from
another, this shall be an estopple to him in an assize
from the recovering of his own land."

those who incite them? And what defence can properly be used in such a despicable encounter as this, but either the slap or the spurn? If they can afford me none but a ridiculous adversary, the blame belongs not to me, though the whole dispute be strewed and scattered with ridiculous. And if he have such an ambition to know no better who are his mates, but among those needy thoughts, which, though his two faculties of serving-man and solicitor should compound into one mongrel, would be but thin and meagre, if in this penury of soul he can be possible to have the lusti

Mark now and register him! How many are there of ten thousand who have such a fee simple in their sconce, as to take a lease of their own lands from another? So that this inconvenience lights upon scarce one in an age, and by his own default; and the law of enjoying each man his own is good to all others. But on the contrary, this prohibition of divorce is goodness to think of fame, let him but send me how he calls to none, and brings inconvenience to numbers, who lie himself, and I may chance not fail to indorse him on under intolerable grievances without their own default, the backside of posterity, not a golden, but a brazen through the wickedness or folly of another; and all Since my fate extorts from me a talent of sport, this iniquity the law remedies not, but in a manner which I had thought to hide in a napkin, he shall be maintains. His other cases are directly to the same my Batrachomuomachia, my Bavius, my Calandrino, purpose, and might have been spared, but that he is a the common adagy of ignorance and overweening: tradesman of the law, and must be borne with at his nay, perhaps, as the provocation may be, I may be first setting up, to lay forth his best ware, which is driven to curl up this gliding prose into a rough sotadic. only gibberish. that shall rhyme him into such a condition, as instead of judging good books to be burnt by the executioner, he shall be readier to be his own hangman. Thus much to this nuisance.

I have now done that, which for many causes I might have thought could not likely have been my fortune, to be put to this underwork of scouring and unrubbishing the low and sordid ignorance of such a presumptuous lozel. Yet Hercules had the labour once imposed upon him to carry dung out of the Augean stable. At any hand I would be rid of him: for I had rather, since the life of man is likened to a scene, that all my entrances and exits might mix with such persons only, whose worth erects them and their actions to a grave and tragic deportment, and not to have to do with clowns and vices. But if a man cannot peaceably walk into the world, but must be infested; sometimes at his face with dorrs and horseflies, sometimes beneath with bawling whippets and shin barkers, and these to be set on by plot and consultation with a junto of clergymen and licensers, commended also and rejoiced in by those whose partiality cannot yet forego old papistical principles; have I not cause to be in such a manner defensive, as may procure me freedom to pass more unmolested hereafter by those encumbrances, not so much regarded for themselves, as for

ass.

But as for the subject itself, which I have writ and now defend, according as the opposition bears; if any man equal to the matter shall think it appertains him to take in hand this controversy, either excepting against aught written, or persuaded he can shew better how this question, of such moment to be throughly known, may receive a true determination, not leaning on the old and rotten suggestions whereon it yet leans; if his intents be sincere to the public, and shall carry him on without bitterness to the opinion, or to the person dissenting; let him not, I entreat him, guess by the handling, which meritoriously hath been bestowed on this object of contempt and laughter, that I account it any displeasure done me to be contradicted in print: but as it leads to the attainment of any thing more true, shall esteem it a benefit; and shall know how to return his civility and fair argument in such a sort, as he shall confess that to do so is my choice, and to have done thus was my chance.

THE

TENURE OF KINGS AND MAGISTRATES:

PROVING

THAT IT IS LAWFUL, AND HATH BEEN HELD SO THROUGH ALL AGES, FOR ANY, WHO HAVE THE POWER, TO CALL TO ACCOUNT A TYRANT, OR WICKED KING, AND, AFTER DUE CONVICTION, TO DEPOSE, AND PUT HIM TO DEATH; IF THE ORDINARY MAGISTRATE HAVE NEGLECTED, OR DENIED TO DO IT.

AND

THAT THEY, WHO OF LATE SO MUCH BLAME DEPOSING, ARE THE MEN THAT DID IT THEMSELVES.

[FIRST PUBLISHED 1618-9.]

Ir men within themselves would be governed by from those principles, which only could at first move
reason, and not generally give up their understanding them, but lay the strain of disloyalty, and worse, on
to a double tyranny, of custom from without, and blind those proceedings, which are the necessary conse-
affections within; they would discern better what it is quences of their own former actions; nor disliked by
to favour and uphold the tyrant of a nation. But be- themselves, were they managed to the entire advan-
mg slaves within doors, no wonder that they strive so tages of their own faction; not considering the while
much to have the public state conformably governed that he, toward whom they boasted their new fidelity,
to the inward vitious rule, by which they govern them- counted them accessory; and by those statutes and
selves. For indeed none can love freedom heartily, laws, which they so impotently brandish against others,
bat good men: the rest love not freedom, but licence: would have doomed them to a traitor's death for what
which never hath more scope, or more indulgence than they have done already. It is true, that most men are
under tyrants. Hence is it, that tyrants are not oft apt enough to civil wars and commotions as a novelty,
offended, nor stand much in doubt of bad men, as being and for a flash hot and active; but through sloth or in-
all naturally servile; but in whom virtue and true constancy, and weakness of spirit, either fainting ere
worth most is eminent, them they fear in earnest, as by their own pretences, though never so just, be half at-
right their masters; against them lies all their hatred tained, or, through an inbred falsehood and wicked-
and suspicion. Consequently neither do bad men hate ness, betray ofttimes to destruction with themselves
tyrants, but have been always readiest, with the falsi- men of noblest temper joined with them for causes,
bed names of Loyalty and Obedience, to colour over whereof they in their rash undertakings were not capa-
their base compliances. And although sometimes for ble. If God and a good cause give them victory, the
slame, and when it comes to their own grievances, of prosecution whereof for the most part inevitably draws
parse especially, they would seem good patriots, and after it the alteration of laws, change of government,
side with the better cause, yet when others for the de- downfall of princes with their families; then comes the
inverance of their country endued with fortitude and task to those worthies, which are the soul of that enter-
heroic virtue, to fear nothing but the curse written prise, to be sweat and laboured out amidst the throng
against those " that do the work of the Lord negli- and noses of vulgar and irrational men. Some con-
ady," would go on to remove, not only the calami-testing for privileges, customs, forms, and that old en-
ties and thraldoms of a people, but the roots and causes tanglement of iniquity, their gibberish laws, though the
whence they spring; straight these men, and sure badge of their ancient slavery. Others, who have been
helpers at need, as if they hated only the miseries, but fiercest against their prince, under the notion of a ty-
Let the mischiefs, after they have juggled and paltered rant, and no mean incendiaries of the war against them,
with the world, bandied and borne arms against their when God, out of his providence and high disposal hath
king, divested him, disanointed him, nay, cursed him delivered him into the hand of their brethren, on a sud-
all over in their pulpits, and their pamphlets, to the en-
den and in a new garb of allegiance, which their doings
aging of sincere and real men beyond what is possi- have long since cancelled, they plead for him, pity him,
be or honest to retreat from, not only turn revolters extol him, protest against those that talk of bringing
Its tract, which was first published in February 1648-9, after the
on of king Charles, and is a defence of that action against the objec-
the Presbyterians, was, in the year 1650, republished by the author
cderable additions, all which, omitted in every former edition of
hor's works, are here carefully inserted in their proper places. The

copy which I use, after the above title, has the following sentence; "Pub-
lished now the second time with some additions, and many testimonies also
added out of the best and learnedest among protestant divines, asserting
the position of this book." The passages here restored are marked with
single inverted commas.
↑ Jer. xlviii. 1.

him to the trial of justice, which is the sword of God, | superior to all mortal things, in whose hand soever by apparent signs his testified will is to put it. But certainly, if we consider, who and what they are, on a sudden grown so pitiful, we may conclude their pity can be no true and christian commiseration, but either levity and shallowness of mind, or else a carnal admiring of that worldly pomp and greatness, from whence they see him fallen; or rather, lastly, a dissembled and seditious pity, feigned of industry to beget new discord. As for mercy, if it be to a tyrant, under which name they themselves have cited him so oft in the hearing of God, of angels, and the holy church assembled, and there charged him with the spilling of more innocent blood by far, than ever Nero did, undoubtedly the mercy which they pretend is the mercy of wicked men, and "their mercies,”* we read," are cruelties;" hazarding the welfare of a whole nation, to have saved one whom they so oft have termed Agag, and vilifying the blood of many Jonathans that have saved Israel; insisting with much niceness on the unnecessariest clause of their covenant wrested, wherein the fear of change and the absurd contradiction of a flattering hostility had hampered them, but not scrupling to give away for compliments, to an implacable revenge, the heads of many thousand Christians more.

letter of advice, for fashion's sake in private, and forthwith published by the sender himself, that we may know how much of friend there was in it, to cast an odious envy upon them to whom it was pretended to be sent in charity. Nor let any man be deluded by either the ignorance, or the notorious hypocrisy and self-repugnance, of our dancing divines, who have the conscience and the boldness to come with scripture in their mouths, glossed and fitted for their turns with a double contradictory sense, transforming the sacred verity of God to an idol with two faces, looking at once two several ways; and with the same quotations to charge others, which in the same case they made serve to justify themselves. For while the hope to be made classic and provincial lords led them on, while pluralitics greased them thick and deep, to the shame and scandal of religion, more than all the sects and heresies they exclaim against; then to fight against the king's person, and no less a party of his lords and commons, or to put force upon both the houses, was good, was lawful, was no resisting of superior powers; they only were powers not to be resisted, who countenanced the good, and punished the evil. But now that their censorious domineering is not suffered to be universal, truth and conscience to be freed, tithes and pluralities to be no more, though competent allowance provided, and the warm experience of large gifts, and they so good at taking them; yet now to exclude and seize upon impeached members, to bring delinquents without exemption to a fair tribunal by the common national law against murder, is now to be no less than Corah, Dathan, and Abiram. He who but erewhile in the pulpits was a cursed tyrant, an enemy to God and saints, laden with all the innocent blood spilt in three kingdoms, and so to be fought against; is now, though nothing penitent or altered from his first principles, a lawfal magistrate, a sovereign lord, the Lord's anointed, not to be touched, though by themselves imprisoned. As if this only were obedience, to preserve the mere useless bulk of his person, and that only in prison, not in the field. not to disobey his commands, deny him his dignity and office, every where to resist his power, but where they think it only surviving in their own faction.

Another sort there is, who coming in the course of these affairs, to have their share in great actions above the form of law or custom, at least to give their voice and approbation; begin to swerve and almost shiver at the majesty and grandeur of some noble deed, as if they were newly entered into a great sin; disputing precedents, forms, and circumstances, when the commonwealth nigh perishes for want of deeds in substance, done with just and faithful expedition. To these I wish better instruction, and virtue equal to their calling; the former of which, that is to say instruction, I shall endeavour, as my duty is, to bestow on them; and exhort them not to startle from the just and pious resolution of adhering with all their strength and assistance to the present parliament and army, in the glorious way wherein justice and victory hath set them; the only warrants through all ages, next under immediate revelation, to exercise supreme power; in those proceedings, which hitherto appear equal to what hath been done in any age or nation heretofore justly or mag-position; his particular charge, and the sufficient proof nanimously. Nor let them be discouraged or deterred by any new apostate scarecrows, who, under shew of giving counsel, send out their barking monitories and mementoes, empty of aught else but the spleen of a frustrated faction. For how can that pretended counsel be either sound or faithful, when they that give it see not, for madness and vexation of their ends lost, that those statutes and scriptures, which both falsely and scandalously they wrest against their friends and associates, would by sentence of the common adversary fall first and heaviest upon their own heads? Neither let mild and tender dispositions be foolishly softened from their duty and perseverance with the unmasculine rhe-sufficient power to avenge the effusion, and so great a toric of any puling priest or chaplain, sent as a friendly deluge of innocent blood. For if all human power ta

• Prov, xii. 10.

But who in particular is a tyrant, cannot be deter mined in a general discourse, otherwise than by sup

of it, must determine that: which I leave to magistrates, at least to the uprighter sort of them, and of the people, though in number less by many, in whom faction least hath prevailed above the law of nature and right reason, to judge as they find cause. But this I dare w as part of my faith, that if such a one there be, by whose commission whole massacres have been m mitted on his faithful subjects, his provinces offered to pawn or alienation, as the hire of those whom he had solicited to come in and destroy whole cities and co tries; be he king, or tyrant, or emperor, the sword of justice is above him; in whose hand soever is found

execute, not accidentally but intendedly the wrath of God upon evil-doers without exception, be of God; then that power, whether ordinary, or if that fail, extraordinary, so executing that intent of God, is lawful, and not to be resisted. But to unfold more at large this whole question, though with all expedient brevity, I shall here set down, from first beginning, the original of kings; how and wherefore exalted to that dignity above their brethren; and from thence shall prove, that turning to tyranny they may be as lawfully deposed and punished, as they were at first elected: this I shall do by authorities and reasons, not learnt in corners among schisms and heresies, as our doubling divines are ready to calumniate, but fetched out of the midst of choicest and most authentic learning, and no prohibited authors; nor many heathen, but mosaical, Christian, orthodoxal, and which must needs be more convincing to our adversaries, presbyterial.

66

govern them: that so man, of whose failing they had proof, might no more rule over them, but law and reason, abstracted as much as might be from personal errours and frailties. While, as the magistrate was set above the people, so the law was set above the magistrate." When this would not serve, but that the law was either not executed, or misapplied, they were constrained from that time, the only remedy left them, to put conditions and take oaths from all kings and magistrates at their first instalment to do impartial justice by law: who upon those terms and no other, received allegiance from the people, that is to say, bond or covenant to obey them in execution of those laws, which they the people had themselves made or assented to. And this ofttimes with express warning, that if the king or magistrate proved unfaithful to his trust, the people would be disengaged. They added also counsellors and parliaments, not to be only at his beck, but with him or without him, at set times, or at all times, when any danger threatened, to have care of the public safety. Therefore saith Claudius Sesell, a French statesman, "The parliament was set as a bridle to the king;" which I instance rather, "not because our English lawyers have not said the same long before, but because that French monarchy is granted by all to be a far more absolute one than ours. That this and the rest of what hath hitherto been spoken is most true, might be copiously made ap

those nations, where kings and emperors have sought means to abolish all ancient memory of the people's right by their encroachments and usurpations. But I spare long insertions, appealing to the German, French, Italian, Arragonian, English, and not least the Scottish histories: not forgetting this only by the way, that William the Norman, though a conqueror, and not unsworn at his coronation, was compelled, a second time, to take oath at St. Albans, ere the people would be brought to yield obedience.

No man, who knows aught, can be so stupid to deny, that all men naturally were born free, being the image and resemblance of God himself, and were, by privilege above all the creatures, born to command, and not to obey and that they lived so, till from the root of Adam's transgression, falling among themselves to do wrong and violence, and foreseeing that such courses must needs tend to the destruction of them all, they agreed by common league to bind each other from mutual injury, and jointly to defend themselves against any, that gave disturbance or opposition to such agree-pear through all stories heathen and christian; even of ment. Hence came cities, towns, and commonwealths. And because no faith in all was found sufficiently binding, they saw it needful to ordain some authority, that might restrain by force and punishment what was violated against peace and common right. This authority and power of self-defence and preservation being originally and naturally in every one of them, and unitedly in them all; for ease, for order, and lest each man should be his own partial judge, they communicated and derived either to one, whom for the eminence of his wisdom and integrity they chose above the rest, or It being thus manifest, that the power of kings and to more than one, whom they thought of equal deserv- magistrates is nothing else, but what is only derivaing: the first was called a king; the other, magistrates: tive, transferred and committed to them in trust from not to be their lords and masters, (though afterward the people to the common good of them all, in whom those names in some places were given voluntarily to the power yet remains fundamentally, and cannot be such as had been authors of inestimable good to the taken from them, without a violation of their natural people,) but to be their deputies and commissioners, to birthright; and seeing that from hence Aristotle, and execute, by virtue of their intrusted power, that justice, the best of political writers, have defined a king, “him which else every man by the bond of nature and of who governs to the good and profit of his people, and Covenant must have executed for himself, and for one not for his own ends;" it follows from necessary another. And to him that shall consider well, why causes, that the titles of sovereign lord, natural lord, among free persons one man by civil right should bear and the like, are either arrogancies, or flatteries, not authority and jurisdiction over another; no other end admitted by emperors and kings of best note, and disor reason can be imaginable. These for a while go-liked by the church both of Jews (Isa. xxvi. 13,) and verned well, and with much equity decided all things ancient Christians, as appears by Tertullian and others. at their own arbitrement; till the temptation of such a Although generally the people of Asia, and with them power, left absolute in their hands, perverted them at the Jews also, especially since the time they chose a length to injustice and partiality. Then did they, who king against the advice and counsel of God, are noted now by trial had found the danger and inconveniences by wise authors much inclinable to slavery. of committing arbitrary power to any, invent laws either framed or consented to by all; that should confine and limit the authority of whom they chose to

Secondly, that to say, as is usual, the king hath as good right to his crown and dignity, as any man to his inheritance, is to make the subject no better than the

king's slave, his chattel, or his possession that may be bought and sold and doubtless, if hereditary title were sufficiently inquired, the best foundation of it would be found but either in courtesy or convenience. But suppose it to be of right hereditary, what can be more just and legal, if a subject for certain crimes be to forfeit by law from himself and posterity all his inheritance to the king, than that a king for crimes proportional should forfeit all his title and inheritance to the people? Unless the people must be thought created all for him, he not for them, and they all in one body inferior to him single; which were a kind of treason against the dignity of mankind to affirm.

worthy emperor, to one whom he made general of his prætorian forces: "Take this drawn sword,” saith he, "to use for me, if I reign well; if not, to use against me." Thus Dion relates. And not Trajan only, but Theodosius the younger, a christian emperor, and one of the best, caused it to be enacted as a rule undeniable and fit to be acknowledged by all kings and empe rors, that a prince is bound to the laws; that on the authority of law the authority of a prince depends, and to the laws ought to submit. Which edict of his remains yet unrepealed in the Code of Justinian, 1. 1. tit. 24, as a sacred constitution to all the succeeding emperors. How then can any king in Europe maintain and write himself accountable to none but God, when emperors in their own imperial statutes have written and decreed themselves accountable to law? And indeed where such account is not feared, he that bids a man reign over him above law, may bid as well a savage beast.

Thirdly, it follows, that, to say kings are accountable to none but God, is the overturning of all law and government. For if they may refuse to give account, then all covenants made with them at coronation, all oaths, are in vain, and mere mockeries; all laws which they swear to keep, made to no purpose: for if the king fear not God, (as how many of them do not!) we hold It follows, lastly, that since the king or magistrate then our lives and estates by the tenure of his mere holds his authority of the people, both originally and grace and mercy, as from a god, not a mortal magis- naturally for their good in the first place, and not his trate; a position that none but court-parasites or men own; then may the people, as oft as they shall judge besotted would maintain! Aristotle therefore, whom it for the best, either choose him or reject him, retain we commonly allow for one of the best interpreters of him or depose him though no tyrant, merely by the nature and morality, writes in the fourth of his Politics, liberty and right of freeborn men to be governed as chap. x. that "monarchy unaccountable, is the worst seems to them best. This, though it cannot but stand sort of tyranny, and least of all to be endured by free- with plain reason, shall be made good also by Scripture, born men." And surely no christian prince, not drunk Deut. xvii. 14, " When thou art come into the land, with high mind, and prouder than those pagan Ca- which the Lord thy God giveth thee, and shalt say, I sars that deified themselves, would arrogate so unreawill set a king over me, like as all the nations about sonably above human condition, or derogate so basely me." These words confirm us that the right of choosing, from a whole nation of men his brethren, as if for him yea of changing their own government, is by the grant only subsisting, and to serve his glory, valuing them of God himself in the people. And therefore when in comparison of his own brute will and pleasure no they desired a king, though then under another form more than so many beasts, or vermin under his feet, of government, and though their changing displeased not to be reasoned with, but to be trod on; among him, yet he that was himself their king, and rejected whom there might be found so many thousand men by them, would not be a hinderance to what they infor wisdom, virtue, nobleness of mind, and all other retended, further than by persuasion, but that they might spects but the fortune of his dignity, far above him. do therein as they saw good, 1 Sam. viii. only he reYet some would persuade us that this absurd opinion was served to himself the nomination of who should reign King David's, because in the 51st Psalm he cries out over them. Neither did that exempt the king, as if he to God, "Against thee only have I sinned;" as if Dawere to God only accountable, though by his especial vid had imagined, that to murder Uriah and adulterate command anointed. Therefore "David first made a his wife had been no sin against his neighbour, whenas covenant with the elders of Israel, and so was by them that law of Moses was to the king expressly, Deut. anointed king,” 2 Sam. v. 3, 1 Chron. xi. And Jehoixvii. not to think so highly of himself above his bre- ada the priest, making Jehoash king, made a covenant thren. David therefore by those words could mean between him and the people, 2 Kings xi. 17. There. no other, than either that the depth of his guiltiness fore when Roboam, at his coming to the crown, rejected was known to God only, or to so few as had not the those conditions, which the Israelites brought him, hear will or power to question him, or that the sin against what they answer him, "What portion have we in God was greater beyond compare than against Uriah. David, or inheritance in the son of Jesse? See to thine Whatever his meaning were, any wise man will see, own bouse, David." Aud for the like conditions not that the pathetical words of a psalm can be no certain performed, all Israel before that time deposed Samuel; decision to a point that hath abundantly more certain not for his own default, but for the misgovernment of rules to go by. How much more rationally spake the his sons. But some will say to both these examples, heathen king Demophoön in a tragedy of Euripides, it was evilly done. I answer, that not the latter, bethan these interpreters would put upon King David! cause it was expressly allowed them in the law, to set “I rule not my people by tyranny, as if they were bar-up a king if they pleased; and God himself joined with barians, but am myself liable, if I do unjustly, to suf- them in the work; though in some sort it was at that fer justly." Not unlike was the speech of Trajan the time displeasing to him, in respect of old Samuel, whe