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Vindiciae
Contra Tyrannos
A Defense of Liberty Against Tyrants
by Junius Brutus
VINDICIAE, CONTRA
TYRANNOS:
SIVE,
DE PRINCIPIS IN
Populum, Populique in Principem, legitima postestate
STEPHANO IVNIO
Bruto Celta, Autore.
Attributed
to Philippe Duplessis-Mornay (1549-1623) and Hubert Languet (1518-1581).
Published in Amsterdam by Valckenier in 1660.
THE FIRST
QUESTION
Whether subjects are obligated to obey rulers who issue commands
contrary to the law of God.
At first, the answer to this question may seem to be obvious, for it
seems to question an axiom held by all Christians, confirmed in many
places in Holy Scripture, various examples throughout history, and by
the deaths of all the holy martyrs. For it may be well asked why Christians
have endured so many afflictions if it weren't true they were always
persuaded that God must be obeyed simply and absolutely, and kings with
this exception, that they command not that which is repugnant to the
law of God. Otherwise, why should the apostles have answered that God
must rather be obeyed than men? (Acts 5:29) Also, seeing that the will
of God is always just, while the will of men may be, and often is, unjust,
who can doubt that we must always obey God's commandments without any
exception, and men's ever with limitation?
But there are many rulers in these days who call themselves "Christian",
who arrogantly assume that their power is limited by no one, not even
by God, and they surround themselves with flatterers who adore them
as gods upon earth. Not to mention the many others who, out of fear
or constraint, either believe, or appear to believe, that rulers ought
to be obeyed in all things, and by all men. Therefore, seeing the unhappiness
of these times is such that there is nothing so firm, certain, or pure,
that it is not shaken, disgraced, or polluted, that anyone who shall
thoroughly consider these things will admit that this question is not
only most profitable, but also most necessary. For my own part, when
I consider the cause of the many calamities that have afflicted Christendom
lately, I am reminded of the words of the prophet Hosea: "The princes
of Judah were like those that remove a boundary. On them I will pour
out my wrath like water. Ephraim is oppressed, crushed in judgment,
because he was determined to follow the commandments of men." (Hosea
5:10-11) Here you see the sin of the rulers and people fully displayed
in these two verses. The rulers exceed their authority, not being content
with that authority which the almighty and all good God has given them,
but seek to usurp that sovereignty which He has reserved to Himself
over all men. And not being content with absolute power over the lives
and property of their subjects, these tyrants seize for themselves the
right to rule over their consciences as well, over which the authority
belongs to Jesus Christ alone. Holding the earth not great enough for
their ambition, they want to climb and conquer heaven itself. The people,
on the other hand, follow the commandments of men when they yield to
these rulers who command that which is against the law of God. Thus,
the people burn incense and adore these earthly gods and, instead of
resisting them (if they are able), they instead permit them to usurp
the place of God, apparently untroubled by their giving to Caesar that
which belongs properly to God.
Everyone knows that if a man disobeys a prince who commands that which
is wicked and unlawful, he shall immediately be accused of being a rebel,
a traitor, and guilty of high treason. Our Savior Christ, the apostles,
and all the Christians of the early church were accused with these false
charges. If any man, following the example of Ezra and Nehemiah, set
himself the task of rebuilding the temple of the Lord, it will be said
he aspires to the crown, hatches innovations, and seeks the ruin of
the state. Then you shall presently see a million of these minions and
flatterers of the rulers tickling their ears with the opinion, that
if they once permit this temple to be rebuilt, they will lose their
kingdom, and never be able to impose levies or taxes on these men. But
this is madness! There are no rulers which ought to be considered as
firm and stable, except for those in whom the temple of God is built,
and which are indeed the temple itself. These we may truly call Kings.
For they reign with God, seeing that it is by Him only that kings reign.
On the contrary, what beastly foolishness it is to think that the state
and kingdom can be maintained if God Almighty is excluded, and His temple
demolished. From this view comes so many tyrannous enterprises, unhappy
and tragic deaths of kings, and ruinations of people. If these sycophants
knew what difference there is between God and Caesar, between the King
of Kings and a simple king, between the lord and the vassal, and what
tributes this Lord requires of His subjects, and what authority he gives
to kings over those his subjects, certainly so many rulers would not
strive to trouble the kingdom of God. And we should not see some of
them cast down from their thrones by the just instigation of the Almighty,
revenging himself of them, in the midst of their greatest strength,
and the people should not be sacked and pillaged and trodden down.
Accordingly, rulers need to know how far they are permitted to extend
their authority over their subjects, and their subjects need to know
in what ways they are to obey, lest should the one encroach on that
jurisdiction, which no way belongs to them, and the others obey him
which commands further than he ought, they be both chastised when they
shall give an account of themselves before another Judge. Now the end
and scope of this question in which the Holy Scripture shall principally
give the resolution, is that which follows. The question is, whether
subjects are bound to obey kings, in case they command that which is
against the law of God: that is to say, to which of the two (God or
king) must we rather obey? When the question is resolved concerning
the king, to whom is attributed the fullest power, the question concerning
other magistrates will be also determined. First, the Holy Scripture
teach that God reigns by His own proper authority, and kings rule by
derivation, God from Himself, kings from God. God has a jurisdiction
proper and kings are his delegates. It follows then that the jurisdiction
of God has no limits, but that of kings is finite, that the power of
God is infinite, but that of kings is confined, that the kingdom of
God extends itself to all places, but that of kings is restrained within
the confines of certain countries. In like manner God has created out
of nothing both heaven and earth, therefore, by good right He is lord
and master of both. All the inhabitants of the earth have received from
Him everything they have, and are, essentially, His tenants and lease-holders.
All the rulers and governors of the world are but His hirelings and
vassals, and are obligated to take and acknowledge their investitures
from Him. God alone is the owner and lord, and all men, whatever their
station in life, are His tenants, agents, officers and vassals. All
without exception owe fealty to Him, according to that which He has
committed to their dispensation. The higher their place is, the greater
their responsibility to God must be, and according to the rank where
God has raised them, must they make their reckoning before His divine
majesty. This is what the Holy Scriptures teach in innumerable places,
and all the faithful (and even the wisest heathens) have ever acknowledged:
that "the earth is the Lord's, and all it contains" (Psalm
24:1). And to the end that men should not falsely worship their own
labor and enterprise, the earth yields no increase without the dew of
heaven. This is why God commanded that His people should offer to Him
the first of their fruits, and the heathens themselves have consecrated
the same to their gods, that is, that God might be acknowledged lord,
and they his farmers and field workers. The heaven is the throne of
the Lord, and the earth His footstool. And, therefore, since all the
kings of the world are under His feet, it is no marvel, if God be called
the King of Kings and Lord of Lords; all kings he termed His ministers
established to judge rightly, and govern justly the world in the quality
of lieutenants. By me (says the divine wisdom) kings reign, and the
princes judge the earth. If they do it not "He takes off the shackles
put on by kings and ties a loincloth around their waist" (Job 12:18).
As if He should say, it is in my power to establish kings in their thrones,
or to thrust them out, and for that reason, the throne of kings is called
the throne of God. As the Queen of Sheba said to King Solomon: "Blessed
be the Lord your God who delighted in you to set you on his throne to
be king for the Lord thy God, to do judgment and justice." (2 Chron.
9:8) In like manner we read in another place, that Solomon sat on the
throne of the Lord, or on the throne of the Lord's kingdom.
For the same reason the people are always called the Lord's people,
and the Lord's inheritance, and the king, governor of this inheritance,
and conductor or leader of his people of God. This is the title given
to David, to Solomon, to Hezekiah and to other good rulers. When also
the covenant is passed between God and the king, it is upon condition
that the people are, and remain always, the people of God. This shows
that God will not in any case despoil himself of His property and possession,
when He gives to kings the government of the people, but establish them
to take charge of, and treat them well. Just as he who makes choice
of a shepherd to look to his flocks, he remains still master and owner
of them. This was always known to those good kings, David, Solomon,
Jehosaphat, and others who acknowledged God to be the Lord of their
kingdoms and nations, and yet lost no privilege that justly belongs
to real power. They even reigned much more happily in that they employed
themselves cheerfully in the service of God, and in obedience to his
commandments. Nehuchadnezar, although he was a heathen, and a mighty
emperor, did yet at the end acknowledge this, for though Daniel called
him the king of kings, to whom the King of Heaven had granted power
and royal majesty above all others, yet, on the contrary (said he),
"Thy God, O Daniel, is truly the God of Gods, and Lord of Lords,
giving kingdoms to whom He pleases," even to the most wretched
of the world. For which cause Xenophon said at the coronation of Cyrus,
"let us sacrifice to God." And profane writers in many places
do magnify God the most mighty and sovereign king. At this day at the
inaugurating of kings and Christian rulers, they are called the servants
of God, destined to govern his people. Seeing then that kings are only
the lieutenants of God, established in the throne of God by the Lord
God Himself, and the people are the people of God, and that the honor
which is done to these lieutenants proceeds from the reverence which
is born to those that sent them to this service, it follows of necessity
that kings must be obeyed for God's cause, and not against God, and
then, only when they serve and obey God, and not otherwise.
It may be that the court flatterers will reply that God has given earthy
dominion to kings, reserving heaven for himself, and allowing the earth
to them to reign, and govern there according to their own fancies. In
short, that the kings of the world divide an empire between them and
with God Himself. Consider an argument proper enough for that impudent
villain Cleon, who was the sycophant of Alexander, or for the poet Martial,
which was not ashamed to call the edicts of Domitian the ordinances
of the Lord God. This argument, I say, is worthy of that execrable Domitian
who (as Suetonius recites) thought of himself as God and Lord. But it
is one that is altogether unworthy of the ears of a Christian ruler,
and of the mouth of good subjects. For this sentence of God Almighty
must always remain irrevocably true, "I will not give My glory
to any other." (Isa. 42:8) That is, no man shall have such absolute
authority, but God will always remain sovereign.
God does not at any time divest himself of his power. He holds a sceptre
in one hand to repress and quell the arrogance of those rulers who mutiny
against him, and in the other, a balance to control those who do not
administer justice with equity as they ought. There cannot be expressed
more certain marks of sovereign command. And if the emperor, in creating
a king, reserves always to himself the imperial sovereignty, or a king,
as in France, in granting the government or possession of a province
to a stranger (or if it be to his brother or son), reserves always to
himself legal appeals, and the knowledge of such things as are the marks
of royalty and sovereignty, which are always understood to be excepted
from the grant, although they were not specified in the grant of investiture
and fealty promised; with much more reason should God have sovereign
power and command over all kings as they are his servants and officers.
Accordingly, we read, in so many places of Scripture, that he will call
them to an account, and punish them, if they do not faithfully discharge
their duties. Therefore all kings are the vassals of the King of Kings,
invested into their office by the sword, which is the recognition of
their royal authority, to the end that with the sword they maintain
the law of God, defend good, and punish evil. This is even as we commonly
see, that he who is a sovereign lord grants his vassals possession of
their landed estates by girding them with a sword, delivering them a
buckler and a standard, with the condition that they shall fight for
them with those arms if the occasion arises.
Now if we consider what is the duty of vassals, we shall find that what
may be said of them applies also to kings. The vassal receives land
from his lord with right of justice, and obligation to serve him in
his wars. The king is established by the Lord God, the King of Kings,
to the end he should administer justice to his people and defend them
against all their enemies. The vassal receives laws and conditions from
his sovereign. God commands the king to observe His laws and to have
them always before his eyes, promising that he and his successors shall
long possess the kingdom, if they be obedient, and that their reign
will be short if they prove rebellious to their sovereign king. The
vassal obliges himself by oath onto his lord, and swears that he will
be faithful and obedient. In like manner the king promises solemnly
to command, according to the explicit law of God. Briefly, the vassal
loses his estate if he rebels, and by law forfeits all his privileges.
Likewise the king loses his right, and many times his realm also, if
he despise God, if he plots with his enemies, and if he rebels against
that Royal Majesty. This will seem more obvious by the consideration
of the covenant which is contracted between God and the king, for God
does that honor to His servants to call them His confederates. Now we
read of two sorts of covenants at the inaugurating of kings, the first
between God, the king, and the people, that the people might be the
people of God. The second, between the king and the people, that the
people shall obey faithfully, and the king command justly. The latter
we will treat later, and now speak of the former.
The
Covenant Between God and Kings
When King Joash was crowned, we read that a covenant was contracted
between God, the king, and the people, (2 Ki. 11:17) or, as it is said
in another place, between Jehoiada the high priest, all the people,
and the king, that God should be their Lord. In like manner we read
that Josiah and all the people entered into covenants with the Lord.
We may gather from these testimonies, that in making these covenants
the high priest did explicitly covenant in the name of God, that the
king and the people should undertake to insure that God might be served
purely, and according to His will, throughout the whole kingdom of Judah,
that the king should so reign that the people were permitted to serve
God, and held in obedience to his law. Thus the people should so obey
the king, as their obedience should have principal relation to God.
It appears by this that the king and the people are jointly bound by
promise, and did oblige themselves by solemn oath to serve God before
all things. And indeed presently after they had sworn the covenant,
Josiah and Jehoida ruined the idolatry of Baal and re-established the
pure service of God. The principal points of the covenants were chiefly
these:
That the king himself, and all the people should be careful to honor
and serve God according to His will revealed in His word, which, if
they performed, God would assist and preserve their estates. If not,
He would abandon and exterminate them, which plainly appears by the
comparing of various passages of Holy Writ. Moses, somewhat before his
death, proclaims these conditions of covenant to all the people, and
at the same time commands that the law, which are those precepts given
by the Lord, should be kept in the ark of the covenant. After the death
of Moses, Joshua was established captain and conductor of the people
of God, and as the Lord himself admonished, if he would have happy success
in his affairs, he should not in any way estrange himself from the law.
Joshua also, for his part, desiring to make the Israelites understand
upon what condition God had given them the country of Canaan, as soon
as they entered into it, after due sacrifices were performed, he read
the law in the presence of all the people, promising them in the Lord's
name all good things if they persisted in obedience and threatening
all evil if they willfully disobeyed. Summarily, he assures them all
prosperity, if they observe the law. As otherwise, he declared outright
that in doing the contrary they should be utterly ruined. Also at all
such times as they left the service of God, they were delivered into
the hands of the Canaanites and reduced into slavery under their tyranny.
Now this covenant between God and the people in the times of the judges,
had vigor also in the times of the kings, and was treated with them.
After that Saul had been anointed, chosen, and wholly established as
king, Samuel speaks unto the people in these terms: "Behold the
king whom you have demanded and chosen; God has established him king
over you; obey you therefore and serve the Lord, as well as your king
which is established over you, otherwise you and your king shall perish."
(1 Sam. 12:13) As if he should say, you would have a king, and God has
given you this here, notwithstanding, think not that God will permit
any encroachment upon His right, but know that the king is as well bound
to observe the law as you, and if he fails in this duty, his delinquency
shall be punished as severely as yours. In short, according to your
desires Saul is given you for your king, to lead you in the wars, but
with this condition attached, that he himself follow the law of God.
After that Saul was rejected, because he did not keep his promise; David
was established king on the same condition, so also was his son Solomon,
for the Lord said, "If you keep my law, I will confirm with you
the covenant which I contracted with David." Now concerning this
covenant, it is inserted into the second book of the Chronicles, as
follows. "There shall not fail thee a man in my sight, to sit upon
the throne of Israel yet so that thy children take heed to their way
to walk in my law as thou hast walked before me. But if they serve idols,
I will drive them from the land to which I have given them possession."
And therefore it was that the book of the law was called the book of
the covenant of the Lord (who commanded the priests to give it the king),
according to which Samuel put it into the hands of Saul, and according
to its terms, Josiah submitted as regent and vassal of the Lord. Also
the law which is kept in the ark is called the covenant of the Lord
with the children of Israel. Finally, the people delivered from the
captivity of Babylon renewed the covenant with God, and do acknowledge
throughout the chapter, that they worthily deserved all those punishments
for their breaking their promise to God. It appears, then, that the
kings swear as vassals to observe the law of God whom they confess to
be Sovereign Lord over all.
Now, according to that which we have already seen, if kings violate
their oath, and transgress the law, we say that they have lost their
kingdom, as vassals forfeit their estates by committing crimes against
the sovereignty of their lords. We have said that there was the same
covenant between God and the kings of Judah, as before, between God
and the people in the times of Joshua and the judges. But we see in
many places, that when the people have despised the law, or made covenants
with Baal, God has delivered them into the hands of Eglon, Jabin, and
other kings of the Canaanites. And as it is one and the same covenant,
so do those who break it receive like punishment. Saul is so audacious
to sacrifice, infringing thereby the law of God, and presently after
saves the life of Agag, king of the Amalekites, against the explicit
commandment of God. For this reason he is called rebel by Samuel, and
finally is chastised for his rebellion. "Thou hast sacrificed,"
he said, "but you would have done better to obey God, for obedience
is more worthy than sacrifice... You have neglected the Lord your God,
He also has rejected you, that you reign no more over Israel."
(1 Sam. 15: 22-23,26) This has been so certainly observed by the Lord,
that the very children of Saul were deprived of their paternal inheritance,
for that he, having committed high treason, did thereby incur the punishment
of tyrants, which affect a kingdom that no way applies to them. And
not only the kings, but also their children and successors, have been
deprived of the kingdom by reason of such rebellion. Solomon revolted
from God to worship idols. Incontinently, the prophet Ahijah foretells
that the kingdom shall be divided under his son Rehoboam. Finally, the
word of the Lord is accomplished, and ten tribes, who made the greatest
portion of the kingdom, do abandon Rehoboam, and adhere to Jereboam
his servant.
Why is this? For so much (says the Lord) that they have left me to go
after Ashteroth, the god of the Sidonians and Chamos, the god of the
Thiosbites, etc. I will also break in pieces their kingdom. As if he
should say, they have violated the covenant, and have not kept promise;
I am no more then tied unto them. They will lessen My majesty, and I
will lessen their kingdom. Although they be My servants, yet notwithstanding
they will expel Me from My kingdom. But I will drive them out themselves
by Jeroboam, who is their servant. Furthermore, for so much as this
servant, fearing that the ten tribes, for the cause of religion should
return to Jerusalem, set up idols in Bethel, and made Israel to sin,
withdrawing by this means the people far from God, what was the punishment
of so ungrateful a vassal and wicked traitor towards his Lord? First,
his son died, and, in the end, all his race, even unto the last of the
males was taken from the face of the earth by the sword of Bassa, according
to the judgment which was pronounced against him by the prophet, because
he revolted from the obedience of the Lord God. This, then, is cause
sufficient, and oftentimes also propounded, for that which God takes
from the king his fiefdom, when he opposes the law of God, and withdraws
himself from Him to follow His enemies, that is, idols, and as like
crimes deserve like punishments, we read in the holy histories that
kings of Israel and of Judah who have so far forgotten themselves, have
in the end miserably perished.
Now, although the form, both of the church and the Israelite kingdom
be changed, for that which was before enclosed within the narrow bounds
of Judaea is now dispersed throughout the whole world; notwithstanding
the same things may be said of Christian kings, the gospel having succeeded
the law, and Christian kings being in the place of those of Israel.
There is the same covenant, the same conditions, the same punishments,
and if they fail in the accomplishing, the same God Almighty, revenger
of all perfidious disloyalty; and as the former were bound to keep the
law, so the latter are obliged to adhere to the doctrine of the Gospel,
for the advancement which these kings at their anointing and receiving,
do promise to employ the utmost of their means.
Herod, fearing Christ, whose reign he should rather have desired, sought
to put Him to death, as if He had affected a kingdom in this world.
He did himself miserably perish, and lost his kingdom. Julian the Apostate
did cast off Christ Jesus to cleave unto the impiety and idolatry of
the pagans but within a small time after, he fell to his confusion through
the force of the arm of Christ, whom in mockery he called the Galilean.
Ancient histories are replete with such examples, neither is there any
want in those of these times. Lately, various kings, drunk with the
liquor which the whore of Babylon has presented unto them, have taken
arms, and for the love of the wolf, and of Antichrist, have made war
against the Lamb of God, who is Christ Jesus; and yet this very day
some among them continue in the same course. We have seen some of them
ruined in the deed, and in the midst of their wickedness; others also
carried from their triumphs to their graves. Those who survive and follow
them in their courses have little reason to expect better results from
their wicked practices. This sentence remains always most certain: "That
though all the kings of the earth do conjure and conspire against Christ
and endeavour to cut in pieces our Lamb, yet in the end they shall yield
the place, and maugre their hearts, confess that this Lamb is the King
of Kings, and Lord of Lords." But what shall we say of the heathen
kings? Certainly although they be not anointed and sacred of God, yet
be they His vassals and have received their power from Him whether they
be chosen by lot or any other means. If they have been chosen by the
voices of an assembly, we say that God governs the heart of man, and
addresses the minds and intentions of all persons whither he pleases.
If it be by lot, the lot is cast in the lap, says the wise man, "but
the outcome is fixed by the Lord." It is God only that in all ages
establishes, and takes away, confirms, and overthrows kings according
to His good pleasure. In which regard Isaiah calls Cyrus the anointed
of the Lord, and Daniel says that Nebuchadnezzar and others have had
their kingdoms committed unto them by God, as Saint Paul maintains that
all magistrates have received their authority from Him. For, although
that God has not commanded pagans in explicit terms to obey Him as He
has done those who have knowledge of Him; yet, nevertheless, the pagans
must also confess that it is by the sovereign God that they reign. So
if they will not yield the tribute that they owe to God in regard of
themselves, at the least let them not prevent nor hinder the Sovereign
from gathering that which is due from those people who are in subjection
to them; nor that they do not anticipate, nor appropriate to themselves
divine jurisdiction over them, which is the crime of high treason and
true tyranny, for which occasion the Lord has grievously punished even
the pagan kings themselves. It then is good for those rulers who will
free themselves from so enormous a mischief, carefully to distinguish
their jurisdiction from that of God's, even so much the more circumspectly
for that God and the ruler have their right of authority over one and
the same land, over one and the same man, over one and the same thing.
Man is composed of body and soul, God has formed the body and infused
the soul into him; to Him only then may be attributed and appropriated
the commands both over the body and soul of man.
If out of His mere grace and favor He has permitted kings to employ
both the bodies and goods of their subjects, yet still with the admonition
that they preserve and defend their subjects, certainly kings ought
to think that if the use of this authority is in such manner permitted,
then the abuse of it is absolutely forbidden. First, those who confess
that they hold their souls and lives as to God, as they ought to acknowledge,
they have then no right to impose any tribute upon souls. The king levies
tribute and taxes payable by the body, and of such things as are acquired
or gained by the industry and travail of the body. God principally exacts
His right from the soul, which also in part executes her functions by
the body. The tribute of the king is understood to be the fruits of
the earth, the contributions of money and other charges, both real and
personal. The tribute of God is in prayers, sacraments, preaching of
the pure Lord of God, and in short, all that which is called divine
service, private as well as public. These two tributes are in so different
and separate, that the one does not harm to the other.
The economy of God takes nothing from that of Caesar, but each of them
have their right completely separate from each other. But to speak in
a word, whoever confuses these things confuses heaven and earth together,
and endeavours to reduce them into their first chaos, or latter confusion.
David has excellently well distinguished these affairs, ordaining officers
to look to the right of God, and others for that of the king. Josephat
has followed the same course, establishing certain persons to judge
the causes that belonged to the Almighty, and others to look to the
justice of the king; the one to maintain the pure service of God, the
other to preserve the rights of the king. But if a ruler usurp the right
of God, and put himself forward, after the manner of the giants, to
scale the heavens, he is no less guilty of high treason to his sovereign,
and is a rebel in the same manner, as if one of his vassals should seize
on the rights of his crown and put himself into evident danger of being
stripped of his estates, and that so much the more justly, there being
no proportion between God and an earthly king, between the Almighty
and a mortal man; whereas yet between the lord and the vassal there
is some relation of proportion.
So often, therefore, as any ruler shall so much forget himself, as insolently
to say in his heart, I will ascend into heaven, I will exalt my throne
above the stars of God I will sit also upon the mount of the congregation
in the sides of the north, I will ascend above the heights of the clouds,
I will be like the Most High, then on the contrary, will the Almighty
say, I will rise up more high, I will set Myself against thee, I will
erase out thy name and all thy posterity, thy counsels shall vanish
into smoke, but that which I have once determined shall remain firm,
and never be annihilated. The Lord said to Pharaoh, "let my people
go, that they may serve Me, and offer sacrifice to Me," and for
that this proud man answered, that he knew not the God of the Hebrews.
Shortly thereafter, he was miserably destroyed. Nebuchadnezzar commanded
that his statue should be adored, and would be honored as God, but within
a short time the true God did deservedly chastise his unbridled arrogance,
and, desiring to be accounted as God, he became a brute beast, wandering
through desert places like a wild ass, until (says the Prophet) that
he acknowledged the God of Israel to be the sovereign Lord over all.
His son Belshaser abused the holy vessels of the temple in Jerusalem,
and used them to serve his excess and drunkenness. Therefore, because
he did not give glory to Him who held in His hands both his soul and
his counsels, he lost his kingdom, and was slain in that very night
of feasting.
Alexander the Great took pleasure in the lies of his flatterers, who
termed him the son of Jupiter, and not only approved, but procured his
adoration, but a sudden death gave a sad period to those triumphs, being
blinded through his excess of conquests he began with too much affection
to delight in. Antiochus, under color of pacifying and uniting his subjects,
commanded all men to forsake the laws of God, and to apply themselves
in obedience to his. He profaned the temple of the Jews, and polluted
their altars, but after various ruins, defeats, and loss of battles,
despoiled and disgraced, he died in grief, confessing that he deservedly
suffered those miseries, because he would have constrained the Jews
to leave their religion. If we take into our consideration the death
of Nero, that inhuman butcherer of Christians, whom he unjustly accused
of the burning of Rome, being the abhorred act of his detested self;
the end of Caligula, which made himself to be adored, of Domitian who
would be called Lord and God, of Commodus, and various others who would
take for themselves the honors due to God alone, we shall find that
they have all and always according to their deceits miserably perished;
when, on the contrary, Trajan, Adrian, Antonius the Courteous, and others,
have finished their days in peace; for although they knew not the true
God, yet have they permitted the Christians the exercise of their religion.
Briefly, even as those rebellious vassals who endeavour to possess themselves
of the kingdom, they deserve forfeit of their estates according to the
testimony of all laws, and deserve to be destroyed. In like manner,
those who will not observe the divine law to which all men without exception
owe their obedience, or who persecute those who desire to conform themselves
to that law without hearing them in their just defences are just as
guilty. Now because God invests kings with their kingdoms almost in
the same manner that vassals are invested with their estates by their
sovereign, we must conclude that kings are the vassals of God, and deserve
to be deprived of the benefit they receive from their lord if they revolt,
in the same fashion as rebellious vassals are forfeit of their estates.
These premises being allowed, this question may be easily resolved;
for if God hold the place of sovereign Lord, and the king as vassal,
who dare deny but that we must obey the sovereign rather than the vassal?
If God commands one thing, and the king commands the contrary, where
is that proud man who would term him a rebel who refuses to obey the
king, when else he must disobey God? But, on the contrary, he should
rather be condemned, and considered truly rebellious, who omits to obey
God, or who will obey the king, when he forbids him to yield obedience
to God. So, if God calls us on the one side to take us into His service,
and the king on the other, is any man so foolish that he will not say
we must leave the king, and apply ourselves to God's service? So far
be it from us to believe that we are bound to obey a king commanding
anything contrary to the law of God. On the contrary, in obeying him
we become rebels to God, no more nor less than we would consider a countryman
a rebel who, for the love he bears to some rich and ancient inferior
lord, would bear arms against the sovereign ruler, or who had rather
obey the writs of an inferior judge than of a superior, the commandments
of a lieutenant of a province, than of the ruler; to be brief, the directions
of an officer rather than the express ordinances of the king himself.
In doing this we justly incur the malediction of the prophet Micah,
who detests and curses, in the name of God, all those who obey the wicked
and perverse ordinances of kings. By the law of God we understand the
two tables given to Moses, and in them, the authority of all rulers
ought to be as fixed as unremovable boundaries. The first table of the
law contains that which we owe to God, the second that which owe our
neighbors. In short, they contain piety and justice conjoined with charity,
from which the preaching of the gospel does not take away, but rather
authorize and confirm. The first table is considered to be the principal,
as well in order as in dignity. If the ruler commands to cut the throat
of an innocent, to pillage and commit extortion, there is no man (provided
he has some feeling of conscience) who would execute such a commandment.
If the ruler has committed some crime, as adultery, parricide, or some
other wickedness, behold among the heathen the learned lawyer Papinian
who will reprove Caracalla to his face, and had rather die than obey,
when his cruel ruler commands him to lie and conceal his offence. And
although he threatened him with a terrible death, he still would not
bear false witness. What shall we do then, if the ruler command us to
be idolaters, if he would have us again crucify Christ Jesus, if he
enjoins us to blaspheme and despise God, and to drive Him (if it were
possible) out of heaven, is there not yet more reason to disobey him,
than to yield obedience to such extravagant commands? And, not only
should we not merely abstain from evil, but also, we must do good. Instead
of worshipping idols, we must adore and serve the true God, according
as he has commanded us, and instead of bending our knees before Baal,
we must render to the Lord the honor and service which He requires of
us. For we are bound to serve God for His own sake only, but we honor
our ruler, and love our neighbour, because of and for the love of God.
Now if it be not good to offend our neighbour, and if it be a capital
crime to rise against our ruler, what shall we say about those who rise
in rebellion against the majesty of the sovereign Lord of all mankind?
Briefly, as it is a thing much more grievous to offend the creator,
than the creature, man, than the image he represents, and as in the
terms of law, he that has wounded the proper person of a king is much
more culpable than another who has only broken the statue erected in
his memory, so there is no question but a much more terrible punishment
is prepared for them who infringe the first table of the law, than for
those who only sin against the second. Although the one depends on the
other, it follows (to speak by comparison) that we must take more careful
regard of the observation on the first than of the second. Furthermore,
our progenitors' examples may teach us the rule we must follow in this
case. King Ahab, at the instigation of his wife Jezebel, killed all
the prophets and servants of God that could be taken. Despite this,
Obadiah, steward of Ahab's house, did both hide and feed in a cave a
hundred prophets; the excuse for this is readily apparent: in obligations,
oblige they never so nearly, the Divine Majesty must always be excepted.
The same Ahab enjoined all men to sacrifice to Baal. Elias, instead
of cooling or relenting, did reprove more freely the king and all the
people, convinced the priests of Baal of their impiety, and caused them
to be executed. Then, in despite of that wicked and furious Jezebel,
and the opposition of that uxorious king, he does redress and reform
with a divine and powerful endeavour the service of the true God. When
Ahab reproached him (as the rulers of our times do) that he troubled
Israel, that he was rebellious, seditious, etc., (the usual unjust accusations
such men are charged with), Elias answered, no, but it is thou thyself
who, by thy apostasy has troubled Israel, who has left the Lord, the
true God, to acquaint thyself with strange gods, His enemies. In the
same manner and by the leading and direction of the same spirit did
Shadrach, Meshach, and Abednego refuse to obey Nebuchadnezzar, Daniel,
Darius, Eleazar, Antiochas, and infinite others. After the coming of
Jesus Christ, when the apostles were forbidden to preach the gospel,
they said, "Judge ye, whether it be reasonable as in the sight
of God to obey men, rather than God." (Acts 4:19) According to
this, the apostles, paying no attention to either worldly designs or
priorities, devoted themselves to do that which their master, Jesus
Christ, had commanded them.
The Jews themselves would not permit the silver eagle, (the emblem of
the Roman Empire) nor the statue of Caligula to be set up in the temple
at Jerusalem. And what did Ambrose say when the Emperor Valentinian
commanded him to give the temple at Milan to the Arians? "Thy counsellors
and captains are come unto me," he said, "to make me speedily
deliver the temple, saying it was done by the authority and command
of the emperor, and that all things are in his power. I answered to
it, that if he demanded that which is mine, to wit, my inheritance,
or my money, I would not in any way refuse it him (although all my goods
belong properly to the poor). But divine matters are not in subjection
to the power of the emperor." What do we think that this holy man
would have answered if it had been demanded of him that the living temple
of the Lord should be enthralled to the slavery of idols? These examples,
and the steadfast faith of a million martyrs, who were glorious in their
deaths for not yielding obedience in this kind, according as the Ecclesiastical
Histories, may sufficiently serve explicitly as law in this case.
But despite all this, we have many such directions from Scripture itself.
For virtually every time the apostles admonish Christians to obey kings
and magistrates, they first exhort and admonish every man to subject
himself in like manner to God, and to obey Him first and foremost against
anyone else. There is nowhere to be found in Holy Scripture the least
justification for unlimited obedience to earthly kings which the flatterers
of rulers do require from ignorant men. "Let every soul,"
says Saint Paul, "be subject to the higher powers, for there is
no power but of God." In order to make it absolutely clear, by
these various passages, that we must obey God rather than the king,
he explicitly mentions every soul, to the end it may not be thought
that he would exempt any from this subjection. For if we obey the king
from a motive of love of God, certainly this obedience may not be a
conspiracy against God. But the apostle will stop the gap to all ambiguity
in adding that the ruler is the servant of God for our good. For in
order for this command to obey the king to make sense, what we have
already seen must necessarily be true, that is, that we must rather
obey God than him who is His servant. This does not yet content Saint
Paul, for he adds in the end, "Give tribute, honor, and fear to
whom they are due," (Rom. 13:7) as if he should say, that which
was alleged by Christ, "Give to Caesar that which is Caesar's,
and to God that which is God's." To Caesar tribute, and honor;
to God fear. Saint Peter says the same, "fear God, honor the king.
Servants obey your masters, not only the good and kind, but also the
rigorous." (1 Pe. 2:17-18) We must practice these precepts, according
to the order of importance, that is, that as servants are not bound
to obey their masters if they command anything which is against the
laws and ordinances of kings, subjects in like manner owe no obedience
to kings which will make them to violate the law of God.
Certain evil companions may object that even in the things themselves
that concern the conscience we must obey kings. They are so shameless
that they support their wicked an opinion with the Apostles Saint Peter
and Saint Paul, concluding from hence, that we must yield obedience
to all that the king shall ordain, though it be to embrace, without
question, any superstition he shall please to establish. But no man
is so foolish that he wouldn't see the impiety of men who who would
put forth such an argument. We reply that Saint Paul explicitly says
we must be subject to rulers, not only for wrath, but also for the sake
of conscience. In contrasting conscience to wrath, it is as if the apostle
had said that the obedience of which he speaks ought not to proceed
from fear of punishment, but from the love of God, and from the reverence
which we owe the Lord. In the same sense Saint Paul commands servants
in such manner to obey their masters, that it be not with any service
for fear of punishment, but out of wholehearted devotion, fearing God,
not simply to acquire the favour of men, whom they may delude, but to
bear the burden laid on their shoulders by Him whom no man can deceive.
In brief there is an obvious difference between these two manners of
speech, that is, to obey for conscience sake, and to obey in those things
which concern the conscience. Otherwise those who would rather die a
horrible death than obey rulers who command them things contrary to
the will of God, would have taught us that which these seek to persuade
us to. Neither do they express themselves less impudent in that which
they are accustomed to object, to those who are not so well able to
answer them. That obedience is better than sacrifice, for there is no
text in Holy Writ that does more evidently confound them than this,
which is contained in Samuel's reprehension of King Saul, for his disobedience
to the commandment of God, in sacrificing unfittingly. If then Saul,
although he were a king, ought to obey God, it follows in all good consequence
that subjects are not bound to obey their king by offending of God.
Briefly those who (after the barbarous manner of the men of Calcut)
seek to subsume the service of God with a necessary dependence on the
will of a mutable man, and religion to the good pleasure of the king,
as if he were some God on earth, they doubtless little value the testimony
of Holy Writ. But let them (at the very least) learn from a heathen
orator. "That ill every public state, there are certain degrees
of duty, for those who converse and live in it, by which may appear
wherein the one are obliged to the other. Insomuch that the first part
of this duty belongs to the immortal God, the second concerns the country,
which is their common mother, the third, those who are of our blood,
the other parts leading us step by step to our other neighbours. Now,
although the crime of high treason be very heinous, yet, according to
the civilians, it always follows after sacrilege, an offence which properly
pertains to the Lord God and His service insomuch that they do confidently
affirm that the robbing of a church is, by their rules, esteemed a greater
crime than to conspire against the life of a ruler." This, then,
is enough said concerning this first question, wherein we persuade ourselves,
that any man may receive satisfaction, if he be not utterly void of
the fear of God.
THE SECOND QUESTION
Whether it is lawful to resist a ruler who violates the law
of God, or ruins His Church; by whom, how, and to what extent it is
lawful.
This question appears to be a difficult one insofar as circumstances
tend to hinder it from being raised. On the one hand, it is quite unnecessary
in a situation where the ruler fears God, and on the other hand, it
is quite a dangerous question to ask in the realm of those kings who
acknowledge no other sovereign but themselves. For this reason, few
have given it any attention at all, and even then, only in passing.
The question is, is it lawful to resist a ruler who violates the law
of God, or who tries to ruin the church, or hinders the restoration
of it? If we submit this question to the authority of the Holy Scriptures,
it will quickly be answered. For if it had been lawful to the Jewish
people (which may be easily seen in the books of the Old Testament),
in fact, if it had been actually commanded them, I believe that the
same principle may be applied to the entire people of any Christian
kingdom or country whatsoever.
In the first place, it must be considered that God chose Israel out
of all the nations of the earth to be a peculiar people to Him, and
so He established a covenant with them that they should be the people
of God. This is written in various places in Deuteronomy, the substance
and tenor of this alliance being, "That all should be careful in
their several lines, tribes, and families in the land of Canaan, to
serve God purely, who would have a church established amongst them for
ever." This may be seen in various passages, namely, the twenty-seventh
chapter of Deuteronomy; there Moses and the Levites covenanting in the
name of God, assembled all the people, and said unto them: "This
day, O Israel, art thou become the people of God, obey you therefore
His voice," etc. (Deut. 27:9-10) And Moses said, "When thou
hast passed the River of Jordan, thou shalt set six tribes on the mountain
of Gerizzim on the one side, and the six others on the mountain of Eball,
and then the Levites shall read the law of God, promising the observers
all felicity, and threatening woe and destruction to the breakers thereof,
and all the people shall answer, Amen." (Deut. 27:15-26) This was
afterwards repeated by Joshua, at his entering into the land of Canaan,
and some few days before his death. We see by this that all the people
are obligated to maintain the law of God to perfect His church and to
exterminate the idols of the land of Canaan. This covenant was never
intended to apply to this person or that person, but rather to the nation
as a whole. This is seen in the placement of ark of the Lord in the
center of camp with the tents of the the twelve tribes arranged around
it in a large circle — in other words, all should be concerned
with the preservation of that which was committed to the custody of
all.
There are examples in Scripture as to how this covenant was worked out
in practice; for example, the inhabitants of Gibeah of the tribe of
Benjamin gang-raped the wife of a Levite, and she died from the ordeal.
The Levite then hacked his wife's body into twelve pieces and sent them
to the twelve tribes, to the end that all the people together might
wipe away this horrible crime that had ever been committed in Israel.
(Jg. 19: 29-30) All the people met together at Mizpah and demanded that
the Benjamites hand over the guilty parties for punishment. This the
Benjamites refused to do, whereupon with the consent of God, the other
tribes of Israel declared war against the Benjamites, and by this means
the authority of the second Table of the Law was maintained: an entire
Israelite tribe who had broken one of its commandments was massacred.
For the first we have an example sufficiently manifest in Joshua. After
the Reubenites, Gadites, and Manassites returned to their own land beyond
Jordan, they foolishly built a large, impressive altar near the river.
(Josh. 22:9 ff.) This seemed contrary to the commandment of the Lord,
who explicitly forbade them to sacrifice anywhere but in the land of
Canaan only — it was feared that these men intended to serve idols.
This action was communicated to the people who inhabited this side of
Jordan, the place assigned for the meetings of the states was at Silo
where the Ark of the Lord was. They all accordingly met, and Phineas
the High Priest, the son of Eleazar, was sent across the Jordan to deal
with them concerning this offence committed against the law. And so
that they might know that this was the will of all the people, they
sent also the principal men of every tribe to complain that the service
of God is corrupted by this device, that God would be provoked by this
rebellion, and become an enemy, not only to the guilty, but also to
all Israel, as was the case in Peor. In short, they would declare open
war against them if they did not abandon whatever plans they had for
their altar. Great harm would have resulted if the tribes beyond Jordan
had not insisted that they had erected that altar only for a memorial
and that the Israelites both on the one and the other side of Jordan
profess one and the same religion. Whenever they have proven themselves
to be negligent in the maintenance of the service of God, they have
always been punished. This is the real reason why they lost two battles
against the Benjamites as told in the end of the Book of Judges; for
in so carefully undertaking to punish the rape and outrage done to a
particular person, they neglected the maintenance of their duties to
God, including omission to punish both corporal and spiritual immorality.
There was then in these first times such a covenant between God and
the people.
When after that, kings were given unto the people, there was no reason
to revoke or void the former contract. In fact, it was renewed and confirmed
for ever. We have already said at the inaugurations of kings, there
was a double covenant treated of, to wit "between God and the king";
and "between God and the people." The agreement was first
passed between "God, the king, and the people." Or between
the "high priest, the people" (which can be found in the twenty-third
chapter of the second book of the Chronicles) "and the king."
The intention of this was that the "people should be the people
of God," which is the same thing as saying, "that the people
should be the church of God." We have showed before to what end
God contracted covenants with the king.
Let us now consider why He also covenants Himself with the people. Certainly
God has not done this in vain, and if the people had not "authority
to promise, and to keep promise," it would be a waste of time to
contract or covenant with them. It may seem then that God has done like
certain creditors, who, having to deal with not very sufficient borrowers,
take a number of them jointly bound for one and the same sum, insomuch
as two or more being bound one for another and each of them separately,
for the entire payment of the total sum, Under this arrangement, he
may demand his whole debt from whatever one of them he pleases. There
was much danger to commit the custody of the church to one man alone,
and therefore God put it in trust "to all the people." The
king being in such a high position that he might easily be corrupted.
For fear that the church should stumble with him, God intended the people
also to be answerable for it. He, or (in His place) the High Priest
is the stipulator in this contract, the king and all the people, to
wit, Israel, do jointly and voluntarily assume, promise, and oblige
themselves for one and the same thing. The High Priest demands that
the king and the people promise that the people shall be the people
of God, and that God shall always have His temple, His church, among
them, where He shall be purely served. The king is answerable, so also
are the people (the whole body of the people are representative of the
office and place of one man) not individually, but jointly, as the words
themselves make clear, and immediately and without interruption, first
the king, then the people.
We see here then two undertakers, the king and Israel, who by consequence
are responsible one for another and each for the whole. For as when
Caius and Titus have promised jointly to pay to their creditor Seius
a certain sum, each of them is obligated for himself and his companion,
and the creditor may demand the sum from which of them he pleases. Likewise,
the king for himself, and Israel for itself are responsible to see to
it that the church is not damaged. If either of them turn out to be
negligent of their covenant, God may justly demand the whole from whichever
of the two He pleases; more probably from the people than from the king,
because many cannot so easily slip away as one, and have better means
to repay the debts than one alone. In like manner, when two men are
indebted, especially to the public treasury, the one is in such manner
accountable for the other that he can take no benefit of the division
granted by the new constitutions of Justinian. So likewise the king
and Israel, promising to pay tribute to God, who is the King of Kings,
for accomplishment whereof, the one is obliged for the other. And as
two covenanters sign a contract, their mutual obligation that exposes
them to forfeitures and hazards, the failings of the one causes damage
to the other: so that if the people of Israel forsake their God and
the king doesn't care, he is justly guilty of Israel's delinquency.
In like manner, if the king starts to worship false gods, and, not content
with his own idolatry, encourages his subjects to follow after him,
attempting by all means to ruin the church, and if Israel seek not to
withdraw him from his rebellion, and contain him within the limits of
obedience, they make the king's transgression their own.
As when there is danger that one of the debtors frittering away his
substance may make himself unable to meet his obligation, the other
must satisfy the creditors who do not deserve to suffer loss; though
one of his debtors has squandered his estate, this principle applies
in the case of Israel toward their king, and of the king towards Israel.
If one of them becomes an idolater or breaks the covenant in any other
sort, the one of them must pay the forfeiture and be punished for the
other. Now that the covenant of which we at this time treat is of this
nature, it appears also by other testimonies of Holy Scripture. Saul
being established king of Israel, Samuel, priest and prophet of the
Lord, speaks in this manner to the people. "Both you and your king
which is over you serve the Lord your God, but if you persevere in malice"
(he taxes them of malice for that they preferred the government of a
man before that of God) "you and your king shall perish."
(2 Sam. 12:14-15) He adds after the reason, "for it has pleased
God to choose you for His people." (2 Sam. 12:22) You see here
both the parties evidently shared in the condition and the punishment.
In like manner Asa, king of Judah, by the council of the prophet Assary,
assembles all the people at Jerusalem, to wit, Judah and Benjamin, to
enter into covenant with God. There came also a number of men from the
tribes of Ephraim, Manasses, and Simeon, who were come there to serve
the Lord according to His own ordinance. After the sacrifices were performed
according to the law, the covenant was contracted in these terms, "Whosoever
shall not call upon the Lord God of Israel, be he the least or the greatest,
let him die the death." (2 Chr. 15:12-15) In making mention of
the greatest, you see that the king himself is not excepted from the
designed punishment.
But who may punish the king (for here is question of corporal and temporal
punishment) if it be not the whole body of the people? For it is the
people to whom the king swears and obliges himself, no more nor less,
than the people do to the king. We read also that king Josiah, when
he was twenty-five years old, together with the whole people, made a
covenant with the Lord, the king and the people promising to keep the
laws and ordinances of God; (2 Chr. 34:31-33) and for the better fulfillment
of this agreement, the idolatry of Baal was presently destroyed. If
any will carefully examine the Holy Bible, he may well find other testimonies
to this purpose.
But to what purpose should the consent of the people be required; why
should Israel or Judah be explicitly obligated to observe the law of
God? For what reason should they promise so solemnly to be forever the
people of God? If it be denied, by the same reason that they had any
authority from God, or power to free themselves from perjury, or to
hinder the ruin of the church. For it makes no sense to cause the people
to promise to be the people of God, if they are also obligated to allow
the king to draw them after false gods. If the people are absolutely
in bondage, why are they commanded to take order that God be purely
served? If they cannot properly perform their obligations to God, and
if it is not not lawful for them to keep their promise, shall we say
that God has made an agreement with them, who had no ability either
to make a promise, nor to keep a promise? But, in making a covenant
with the people, God openly and plainly shows that the people are able
to make, hold, and accomplish their promises and contracts. For, if
someone who bargains or contracts with a slave or a minor is not worthy
to be heard in public court, shall it not be much more shameful to lay
this charge upon the Almighty, that He should contract with those who
had no power to perform the conditions of the covenant?
But for this occasion it was, that when the kings had broken their covenants,
the prophets always addressed themselves to the House of Judah and Jacob,
and to Samaria, to advise them of their covenantal duties. Furthermore,
they required the that people not only refuse for themselves the sacrificing
to Baal, but also that they call down the king's idol, and destroy his
priests and service in spite of the king himself. For example, Ahab
having killed the prophets of God, the prophet Elijah assembles the
people, and as it were converted the estates, and accuses, censures,
and reproves every one of them; his exhortation causes the people to
take and put to death the priests of Baal. (1 Ki. 18:40) And for so
much as the king neglected his duty, it behooved Israel more carefully
to perform theirs without any kind of a riot, not in haste, but by public
authority; the people and officials being assembled, and the equity
of the cause orderly debated, and carefully considered before they came
to the execution of justice. Despite this, whenever Israel has failed
to oppose their king who would abandon the service of God, that which
has been formerly said of the two debtors (that is, the foolish management
of the one always causes injury to the other) happened to them; for
as the king has been punished for his idolatry and disloyalty, the people
have also been chastised for their negligence, ignorance, and stupidity.
It has commonly happened that the kings have been much more often seduced,
and drawn others with them than the people have corrupted a king, for
ordinarily it is the king who sets the example which the people follow.
In other words, many more usually offend after the example of one, than
that one will change himself as he sees all the rest.
Perhaps this will be made clear by examples. What do we suppose to have
been the cause of the defeat and overthrow of the army of Israel with
their king Saul? Does God chastise the people for the sins of the ruler?
Is the child beaten instead of the father? It is hard to swallow, people
say, to maintain that the children should bear the punishments due their
fathers; the laws do not permit that anyone shall suffer for the wickedness
of another. Now God forbid that the judge of all the world (said Abraham)
should destroy the innocent with the guilty. On the contrary, says the
Lord, as the life of the father, so the life of the son is in my hands;
the fathers shall not be put to death for the children, neither shall
the children be put to death for the fathers; every man shall be put
to death for his own sin. (Deut. 24:16) That overthrow, then, happened
because the people did not oppose Saul when he violated the law of God,
but applauded that miserable ruler when he wickedly persecuted David
and the priests of the Lord.
There are many other examples; let us consider a few. The enlarge the
possessions of the tribe of Judah, Saul broke the public faith granted
to the Gibeonites, when the Israelites first came into the land of Canaan,
and put to death as many of them as he could find. (2 Sam. 21:1-2) By
this execution Saul broke the third commandment, for God had been called
to witness this agreement (Josh. 9:15-20), and the sixth also, in so
much as he murdered the innocent; he ought to have maintained the authority
of the two Tables of the Law. Therefore it is said that Saul and his
house have committed this wickedness (2 Sam 21:1). In the meantime,
after Saul's death, and after David had been established king, the whole
country of Israel was afflicted with a famine for three years because
of this cruelty, and the hand of the Lord did not cease to strike until
that seven men of the house of Saul were given to the Gibeonites, who
put them to death. Now, seeing that every one ought to bear his own
burden, and that no man can inherit another's crime, why do they say
that all the whole people of Israel deserved to be punished for Saul,
who was already dead, and had (as it might seem) that controversy buried
in the same grave with him? It is that the people neglected to oppose
a mischief so heinous, although they should have done it. Do you think
it's reasonable that any should be punished unless they deserve it?
In what way have the people failed, but that they allowed their king
to do evil? In like manner when David commanded Joab and the governors
of Israel to number the people, (1 Chr. 21) he is charged with having
committed a great sin; for even as Israel provoked the anger of God
in demanding a king in whose wisdom they seemed to place their safety,
even so David did much forget himself in hoping for victory through
the multitude of his subject. This is very much like the abominable
idolatry mentioned elsewhere in Scripture of "sacrificing to their
net, and burning incense to their dragnet." (Hab. 1:16) The governors,
seeing that it would bring evil on the people, hesitated at first. But
then, when the obligation to carry out the command became too heavy
for them to resist, they went ahead with the census; in the meantime
all the people were punished. Then David, and also the elders of Israel,
who represented the whole body of the people, put on sack-cloth and
ashes. This practice was not done when David committed those horrible
sins of murder and adultery. It is clear that in this last act, all
had sinned, and that all should repent; and finally that all were chastised:
David, who had provoked God by so wicked a commandment, the governors,
who as peers and assessors of the kingdom, ought in the name of all
Israel to have opposed the king, and the people, by their connivancy
and over-weak resistance, who allowed themselves to be numbered without
a fight. In this respect, God acted much like a chief commander or general
of an army: he chastised the offence of the whole camp by a sudden alarm
given to all, and by the exemplary punishments of some particulars to
keep all the rest in better awe and order.
But tell me why, after that, when King Manasseh had defiled the Temple
at Jerusalem (2 Chr. 33:5), did God not only afflict Manasseh, but all
the people also? (2 Chr. 33:11) It was to warn Israel, one of the sureties,
that if they do not keep the king within the limits of his duty, they
would all suffer for it; for what did the prophet Jeremiah meant when
he said that the house of Judah is in subjection to the Assyrians, because
of the impiety and cruelty of Manasses? They were guilty of all his
offences, because they made no resistance. It was for this reason that
Saint Augustine and Saint Ambrose said Herod and Pilate condemned Jesus
Christ, the priests delivered Him to be crucified and even though the
people seem to have some compassion, nevertheless all were punished.
But why? For all were guilty of His death because they did not deliver
Him out of the hands of those wicked judges and governors. There can
be added to this many other proofs drawn from various secular authors
for the further proof of this point, but the testimonies of holy scripture
should be enough to be sufficient for Christians.
Furthermore, since it is the duty of a good magistrate to hinder and
prevent mischief than to chastise the delinquents after the offence
has been committed, as good physicians who prescribe a diet to allay
and prevent diseases, not just medicines to cure them after the fact.
In like manner a truly godly people will not simply agree to reprove
and repress a ruler who tries to abolish the law of God, but also will
take care that through malice and wickedness, he produce nothing that
may hurt the same, or that over a long period of time would corrupt
the pure service of God. And instead of supporting public offences committed
against the Divine Majesty, they will take away all means by which the
offenders might hide their sins; we read that to have been practiced
by all Israel by a public council in the assembly of the whole people,
to remonstrate to those beyond Jordan, touching the altar they had built
(Josh. 22:16), and by the king Hezekiah, who caused the brazen serpent
to be broken. (2 Ki. 18:4)
It is then lawful for the people of Israel to resist the king, who would
overthrow the law of God and abolish His church. And not only that,
but also they ought to know that if they neglect to perform this duty,
they make themselves guilty of the same crime, and shall bear the punishment
along with their king.
If their assaults are verbal, their defence must be likewise verbal;
if the sword is drawn against them, they may also take arms, and fight
either with tongue or hand, as circumstances warrant. Even if they be
assailed by surprise attacks, they may make use both of ambushes and
counterattacks, since there is no rule in lawful war that directs them
to use one over the other, whether it be by openly attacking their enemy,
or by waylayings; provided always that they carefully distinguish between
advantageous stratagems, and perfidious treason, which is always unlawful.
But I anticipate an objection at this point. Will you say that a whole
people, that beast of many heads, must run in a mutinous disorder, to
order the business of the commonwealth? What address or direction is
there in an unruly and unbridled multitude? What counsel or wisdom,
to manage the affairs of state? When we speak of all the people, we
understand by that, only those who hold their authority from the people,
that, the magistrates who are inferior to the king, and whom the people
have substituted, or established, an assembly with a kind of tribunal
authority, to restrain the encroachments of sovereignty, and to represent
the whole people. We understand also, the assembly [comitia], which
is nothing else but the embodiment, or brief collection of the kingdom,
to whom all public affairs are referred such were the seventy elders
in the kingdom of Israel, among whom the high priest was, as it were,
president, and they judged all matters of greatest importance. Those
seventy were first chosen by six out of each tribe that came out of
the land of Egypt, then the heads or governors of provinces. In like
manner the judges and provosts of towns, the captains of thousands,
the centurions and others who commanded over families, the most valiant,
noble, and otherwise notable personages, of whom was composed the body
of the states, assembled various times as it plainly appears by the
word of the holy scripture. At the election of the first king, who was
Saul, all the elders of Israel assembled together at Kama. In like manner
all Israel was assembled, or all Judah and Benjamin, etc. It is no way
probable that all the people, individually, met together there. Of this
rank there are in every well governed kingdom, the rulers, the officers
of the crown, the peers, the greatest and most notable lords, the deputies
of provinces, etc., of whom the ordinary body of the estate is composed,
or the parliament or the diet, or other assembly, according to the different
names used in various countries of the world. The main purpose of these
assemblies is both for the preventing and reforming disorder or detriment
in the Church or in the community.
For as the councils of Basil and Constance have well decreed that the
universal council is in authority above the bishop of Rome, so in like
manner, the whole chapter may overrule the bishop, the university the
rector, the court the president. In short, whoever has received authority
from a company is inferior to that whole company, although he is superior
to any one of the individual members of it. Also, there is no doubt
that the people of Israel, who demanded and established a king, must
needs be above Saul who was established at their request and for their
sake, as it shall be more fully proved hereafter. And since an orderly
proceeding is required to wisely and judiciously address all matters,
and it is not likely that such order can be maintained among large numbers
of people, and since there are often circumstances which may not be
made known to a multitude without obviously endangering the commonwealth,
we say that all that which has been spoken of privileges granted, and
right committed to the people, ought to be referred to the officers
and deputies of the kingdom: and all that which has been said of Israel
is to be understood of the rulers and elders of Israel, to whom these
things were granted and committed as the practice also has verified.
The queen Athaliah, after the death of her son Ahazia king of Judah,
put to death all those of the royal blood, except little Joash, who,
being yet in the cradle, was preserved by the piety and wisdom of his
aunt Jehoshabeath. (2 Chr. 22:10-12.) Athaliah took possession of the
government, and reigned six years over Judah. It may well be the people
murmured between their teeth, and dare not by reason of danger express
what they thought in their minds.
Finally, Jehoiada, the high priest, the husband of Jehoshabeah, having
secretly made a league and combination with the chief men of the kingdom,
anointed and crowned his nephew Joash king who was only seven years
old. (2 Chr. 23:11) And he did not just drive the Queen Mother from
the royal throne, but he also had her put to death, and then he overthrew
the idolatry of Baal. (2 Chr. 23:1-15) This deed of Jehoiada is approved,
and for good reason, for he took on him the defence of a good cause.
He assailed the tyranny, and not the kingdom. The tyranny (I say) which
had no title, as our modern civilians speak. For by no law were women
admitted to the government of the kingdom of Judah. Furthermore, that
tyranny was in vigor and practice. For Athaliah had with unbounded mischief
and cruelty invaded the realm of her nephews, and her administration
committed infinite wickedness, and what was the worst of all, had cast
off the service of the living God to worship the idol of Baal, and to
compel others to do the same. Therefore, she was justly punished, and
by him who had a lawful calling and authority to do so. For Jehoiada
was not a private individual, but the high priest to whom the knowledge
of civil causes did then belong. And besides, he had for his associates
the principal men of the kingdom, the Levites, and he himself the king's
kinsman and ally. Also note that he was not reproved for failing to
gather the people at Mizpah according to custom nor for planning the
coup de etat secretly, for if he had proceeded any other way, the whole
business most likely would have failed.
Such conspiracies can be either good or bad depending on whether the
end to which they're addressed is good or bad, and perhaps also according
as the conspirators themselves are affected. We say then, that the rulers
of Judah have done well, and that in following any other course they
had failed of the right way. For even as the guardian ought to take
charge and care that the goods of his pupil do not fall into disrepair
or ruin, and if he neglect this duty, he may be compelled to give an
account of himself. In like manner, those to whose custody and instruction
the people have committed themselves, and whom they have made their
teachers and defenders ought to keep them safe and whole in all their
rights and privileges. In summary, just as it is lawful for a whole
people to resist and oppose tyranny, so likewise the principal persons
of the kingdom may, for the good of the people, do the same. And as
it can be said in the first case that the majority may act for all,
the same is true in the second — that despite the fact that it
is only the kingdom's high-ranking officials who have engineered the
coup, it is no different than if all the people had done the deed.
But this raises another question, which deserves some consideration
and debate in regard of the circumstance of time. Let us suppose that
a king seeks to abolish the law of God and ruin the church. And furthermore,
that the majority of the people give their consent and that all the
rulers or the greatest number of them do nothing. And then suppose that
a small group of people (for example, some of the rulers and magistrates)
desire to preserve the law of God entirely and inviolably, and to serve
the Lord purely. What is lawful for them to do if the king seek to compel
those men to be idolaters, or will take from them the exercise of true
religion? We are not speaking here of a small collection of private
individual, but rather the population of an entire city or province,
as well as the governing magistrate, that may comprise no small part
of the kingdom.
Because of the tendency of men to neglect to uphold and maintain the
law of God, there aren't many examples we could use to prove our point.
Nevertheless we do have a few to be considered. Libnah, a town of the
priests, withdrew itself from the obedience of Joram, king of Judah,
and left that ruler, because he had abandoned the God of his fathers,
whom those of the town would serve (2 Chr. 21:10), and it may be they
feared also lest in the end they should be compelled to sacrifice to
Baal. In like manner when that the king Antiochus commanded that all
the Jews should embrace his religion, and should forsake all that God
Almighty had taught them, Mattathias answered, we will not obey, nor
will we do anything contrary to our religion. And he did not merely
confine his protest to words, but also, being transported with the zeal
of Phineas, he killed with his own hands a Jew, who commanded his fellow
citizens to sacrifice to idols. Then he took arms and retreated into
the mountain, gathered troops, and made war against Antiochus, for religion,
and for his country. He met with such success, that he regained Jerusalem,
broke and brought to nothing the power of the pagans whom they had brought
in to ruin the church, and then re-established the pure service of God.
If you want to know who this Mattathias was, he was the father of the
Machabees of the tribe of Levi, and it was not lawful for him, according
to the received custom and right of his people, to restore the kingdom
by arms from the tyranny of Antiochus. His followers had escaped into
the mountains together with the inhabitants of Modin, to they whom had
allied themselves along with some neighboring Jews and other fugitives
from various places around Judaea. In other words, all who eagerly desired
the re-establishment of the church. Almost all the rest, even their
leaders, obeyed Antiochus, even after the rout of his army and his own
miserable death. Although that was then a good time to throw off the
yoke, the Jews instead went to the son of Antiochus and entreated him
to assume rulership of the kingdom, promising him fidelity and obedience.
I might here produce the example of Deborah. (Judg. 4) The Lord God
had subjected Israel to Jabin king of Canaan, and they had remained
in this servitude for twenty years, who might seem in some sort to have
thus gained a right to rule Israel kingdom, and also because almost
all Israel followed after strange gods. The principal and most powerful
tribes, to wit, Reuben, Ephraim, Benjamin, Dan, Asher, and some others,
adhered wholly to Jabin. Yet, notwithstanding, the prophetess Deborah
who judged Israel, caused the tribes of Zebulon, Nephthali, and Issachar,
or at the least some of all those tribes, to take arms under the command
of Barak, and they overthrew Sisera the lieutenant of Jabin, and delivered
Israel, who had no thought of liberty, and was content to remain in
bondage. Then, having thrown off the yoke of the Canaanites, they re-established
the pure service of the living God. But even though Deborah seems to
have had an extraordinary vocation, the scripture does not approve in
explicit terms the doings of them of Libnah. Because the scriptures
did not specifically disallowing their proceedings, it may seem in some
sort to allow them, and because the history of the Machabees has had
no great authority in the ancient church, and because it is commonly
held that an assertion must be proved by laws and testimonies and not
by examples, therefore, let us examine by the effect, what we ought
to judge, according to the right of the matter now in question.
Earlier, we said said that the king swore to keep the law of God, and
promised to the greatest extent of his power to maintain the church
and that the people of Israel, considered in one body, covenanting by
the high priest, made the same promise to God. Now, at this point, we
say that all the towns and all the magistrates of these towns, which
are parts and portions of the kingdom, promise each of them on his own
behalf, and in explicit terms, that which all towns and Christian communities
have also done, although it has only been an implied consent. Joshua,
being very old and near to his death, assembled all Israel at Sichem
in the presence of God, that is, before the ark of the covenant, which
was there. (Josh. 24) It is said that the elders of the people, the
heads of the tribes, the judges and governors, and all who had any public
command in the town of Israel, met together there, and they swore to
observe and keep the law of the Lord, and did willingly put on the yoke
of the Almighty God. It appears, by this act, that these magistrates
obligated themselves in the names of their towns and communities, who
sent them for this purpose, that God should be served throughout the
whole country, according as He had revealed in His law. And Joshua,
for his part, having passed this contract of agreement between God and
the people, and obtained the consent of all, accordingly, he immediately
set up a stone for a perpetual memorial of the matter.
If there was reason to move the ark of the Lord, the principals of the
country and towns, the captains, the centurions, the provosts, and others,
were summoned by the decree and commandment of David; and of the synagogue
Lord's temple, it be not supposed, that some alteration has been inserted
after the creation of kings. In the times of Joash and Josiah, when
there was question of renewing the covenant between God and the people,
all the various classes of people met together, and all were bound and
obligated particularly. Also not only the king, but the kingdom, and
not only all the kingdom, but also all the pastors of the kingdom, promised
each of them for themselves, fidelity and obedience to God. I say again,
that not only the king and the people, but also all the towns of Israel,
and their magistrates, obligated themselves to God, and, as vassals
to their liege Lord, made themselves His forever, with and against all
men. For further proof of the aforesaid, I would ask the reader to diligently
study the Holy Bible, especially the books of the Kings and the Chronicles.
But for a fuller explanation of this matter, let us look at an example
from the present day.
In the empire of Germany, when the emperor is to be crowned, the electors
and rulers of the empire, secular as well as ecclesiastical, meet together
personally, or else send their ambassadors. The prelates, earls and
barons, and all the deputies of the imperial towns, come there also,
or else send special proxies; then do they their homage to the emperor,
either for themselves, or for them whom they represent, with, and under,
certain conditions. Now, let us presuppose that one of these who has
done homage voluntarily, afterwards tries to depose the emperor, and
advance himself into his place, and that the rulers and barons deny
their sovereign the aid and tribute which they owe him, and that they
have information concerning that other who conspired and sought to possess
himself of the imperial throne. Do you think that they of Strasburg
or of Nuremberg, who have bound themselves by faith unto the lawful
emperor, don't have lawful right to repress and exclude this traitorous
intruder? Quite the contrary, if they refuse to do it, if they do not
render assistance to the emperor in this his necessity, do you think
that they have satisfied or performed their fealty and promise, considering
that he who refuses to assist his governor when he had means to do it
ought to be held as culpable and guilty as he who afflicted the violence
and injury to him? If it be so (as every one may sufficiently see it
is) is it not then lawful for the men of Libnah and of Modin? And does
not their duty command them to do as much as if the other estates of
the kingdom have deserted God, to whose service and pleasure they know
and acknowledge themselves to be bound to render obedience?
Let us imagine then some Joram or Antiochus who abolishes true religion,
and lifts up himself above God, that Israel willingly participates and
is content, what should that town do which desires to serve God purely?
First, they should say with Joshua, look whom you desire rather to obey,
the living God, or the gods of the Amorites; but for our parts, we and
our families will serve the Lord. (Josh. 24:15) Choose then, I say,
if you will obey in this point him, who, without any right, usurps that
power and authority which no way belongs to him. As for me, whatever
happens, I will keep my faith to him to whom I promised it. I have no
doubt that Joshua would have done his utmost to maintain the pure service
of the living God in Thamnathe Serathe (a town of Ephraim where his
house and estate lay) if the Israelites all around him had so much forgotten
themselves as to have worshipped the god of the Amorites in the land
of Canaan.
But if the king takes it one step further, and send his lieutenants
to compel us to become idolaters, and if he commands us to desert God
and His service; shall we not rather shut our gates against the king
and his officers, than drive out of our town the Lord who is the King
of Kings? Let the representatives and citizens of towns and the magistrates
and governors of the people of God dwelling in towns realize that they
have contracted two covenants, and taken two oaths. The first and most
ancient is with God, to whom the people have sworn to be His people;
the second is with the king, to whom the people have promised obedience,
as to him who is the governor and conductor of the people of God. So
then, as if a provincial governor conspires against his sovereign, although
he had received from him an unlimited authority, if he should summon
us to deliver the king whom he held besieged within the enclosure of
our walls, we ought not to obey him, but resist with the utmost of our
power and means, according to the tenor of our oath of allegiance. In
like manner do we think that it is not a wickedness above all most detestable,
if at the pleasure of a ruler who is the vassal and servant of God,
that we should drive God from dwelling among us, or deliver Him (as
much as we can) into the hands of His enemies?
You will say, it may be that the towns belong to the ruler. And I answer,
that the towns do not consist of a heap of stones, but rather people,
and that the people are the people of God, to whom they are first bound
by oath; and secondly, to the king. For the towns, although the kings
have power over them, notwithstanding the right of inheritance of the
soil belongs to the citizens and owners, for all that which is in a
kingdom is indeed under the dominion of the king, but not in his patrimony.
God in truth is the only Lord proprietor of all things, and it is of
Him that the king holds his jurisdiction, and the people their patrimony.
This is just like saying, you will reply, that for the cause of religion
it shall be lawful for the subjects to revolt from the obedience of
their king. If this be once granted, it will presently open a gap to
rebellion? But I ask you to listen patiently and consider this matter
more thoroughly. I will say two things, first, if the one must be done,
it would be much better to forsake the king than God; second, Saint
Augustine in his fourth book, Of the City of God, chapter iv, and in
the nineteenth book, and chapter xxi, says that where there is no justice,
there is is no commonwealth; that there is no justice when mortal men
would pull another men out of the hands of the immortal God, to make
him a slave of the devil, seeing that justice is a virtue that gives
to every one that which is his own. Those who draw their necks out of
the yoke of such rulers, deliver themselves from the tyranny of wicked
spirits, and abandon a multitude of robbers, but not the commonwealth.
But to resume this discussion at a higher level, those who carry themselves
as has been formerly said are not guilty of the crime of revolt. Those
are said properly to have quit the king or the commonwealth, which,
with the heart and purpose of an enemy, withdraw themselves from the
obedience of the king or the commonwealth, by which reason they are
justly accounted adversaries, and are often much more to be feared than
any other enemies. But those of whom we now speak do nothing to resemble
them. First, they do not absolutely refuse to obey, provided that they
be commanded that which they may lawfully do, and that it be not against
the honor of God.
They pay willingly the taxes, customs, imposts, and ordinary payments,
provided that with these they seek not to abolish the tribute which
they owe unto God. They obey Caesar while he commands in the quality
of Caesar; but when Caesar exceeds his bounds, when he usurps that dominion
which isn't his, when he attempts to assail the Throne of God, when
he wars against the Sovereign Lord, both of himself and the people,
they then think it reasonable not to obey Caesar. Yet, after this, to
speak properly, they do no acts of hostility. He is properly called
an enemy who stirs up or provokes another, who, out of military insolency
prepares and sets forth parties to war. Only after they have been assailed
by open war, and close and treacherous surprisals; and death and destruction
surrounds them, do they then they take arms, and wait their enemies'
assaults. You cannot have peace with your enemies whenever you want;
for if you lay down your arms, if you cease making war, they will not
respond by disarming themselves, and lose their advantage. However,
with these men, desire but peace and you have it; quit attacking them,
and they will lay down their arms; cease to fight against God, and they
will presently leave the field. Will you take their swords out of their
hands? Then all you have to do is to abstain from striking, seeing that
they are not the assailants, but the defendants; sheathe your sword,
and they will presently cast their buckler on the ground, which has
been the reason that they have often been surprised by perfidious ambushes,
of which our times have afforded too many examples.
Now, as a servant is not stubborn or a fugitive who deflects the blow
which his lord strikes at him with his sword, or who withdraws or hides
himself from his master's fury, or shuts his chamber door upon him until
his anger has died down, much less ought we to think those seditious,
who (holding the name and place of servants and subjects) shut the gates
of a city against their ruler, beside himself with anger, being ready
to do all his just commandments, after he has recovered his judgment,
and related his former indignation. We must place in this rank, David,
commander of the army of Israel, under Saul, a furious king. David,
oppressed false taxations, watched, and waylaid retired unto, and defended
himself in unaccessible mountains, and provided for his defence to oppose
the walls of Ceila against the fury of the king. He even drew unto his
party all those that he could, not to take away Saul's life from him,
as it plainly appeared afterwards, but to defend his own cause: see
how Jonathan, the son of Saul, had no difficulty making an alliance
with David, and to renew it from time to time — which is called
the alliance of the Almighty. And Abigail said explicitly, that David
was wrongfully assailed, and that he made the war of God.
We must also place in this rank the Machabees, who, having the means
to continue the war unabated, were nevertheless content to receive peace
from king Demetrius and others, which Antiochus had offered them before,
because by it they should be secured in the free possession and exercise
of their religion. We may remember that those who in our times have
fought for true religion against Antichrist, both in Germany and France,
have laid down arms as soon as it was permitted them to serve God truly
according to His ordinances, even after having the means and opportunity
to advance and continue the war to their great advantage, as when the
Philistines compelled Saul to cease attack, and Antioch to desist from
an assault upon its neighbors, and other occasions when everything favored
further warfare. See then the marks which distinguish those of whom
we speak from actual rebels or the seditious.
But let us yet see other evidence of the justness of their cause, for
their defection is such that, that if the cause of it is removed, then
they presently return to their former condition (barring extreme necessity
otherwise), and then you cannot properly say that they separated themselves
from the king, or the country, but instead they left Joram, or Antiochus,
or if you will, the tyranny and unlawful power of one alone, or of several,
who had neither authority nor right to exact obedience in the manner
they have commanded. The doctors of the Sorbonne have taught us similar
things many times: of which we will now produce some examples.
About the year 1300 Pope Boniface VIII, seeking to appropriate to his
See the royalties that belonged to the crown of France, Philip the Fair,
the then king, did taunt him somewhat sharply: the tenor of whose tart
letters are these:
"Philip by the Grace of God, King of the French, to Boniface, calling
himself Sovereign Bishop, little or no health at all.
"Be it known to the great foolishness and unbounded rashness that
in temporal matters we have only God for our superior, and that the
vacancy of certain churches belongs to us by royal prerogative, and
that appertains to us only to gather the fruits, and we will defend
the possession thereof against all opposers with the edge of our swords,
accounting them fools, and without brains who hold a contrary opinion."
In those days, all
men acknowledged the pope as God's vicar on earth, and head of the universal
church. Insomuch, that (as it is said) common error went instead of
a law, notwithstanding the Sorbonne, assembled and consulted, made answer,
saying that the king and the kingdom might safely, without blame or
danger of schism, exempt themselves from his obedience, and flatly refuse
that which the pope demanded, because it is not the separation but the
cause which makes the schism, and if there were schism, it should be
only in separating from Boniface, and not from the church, nor from
the pope, and that there was no danger nor offence in so remaining until
some honest man were chosen pope. Everyone knows into what perplexities
the consciences of a whole kingdom would fall, which held themselves
separated from the church, if this distinction, that is, between the
papal office and the pope, is not true. I would ask now, if it is not
yet more lawful to make use of this distinction, when a king invades
and encroaches on the jurisdiction of God, and oppresses with hard servitude,
the souls dearly bought with the precious blood of Jesus Christ. Let
us add another example.
In the year of our Lord 1408, when pope Benedict XIII opposed the French
church by tributes and taxation; the clergy, assembled by the command
of King Charles VI decreed that the king and inhabitants of the kingdom
ought not to obey Benedict, who was an heretic, a schismatic, and altogether
unworthy of that dignity: that the nobles of the kingdom approved, and
the parliament of Paris confirmed by a decree. The same clergy also
ordained that those who had been excommunicated by that pope, as forsakers
and enemies of the church, should be presently absolved, nullifying
all such excommunications, and this has been practiced not in France
only, but in other places also, as histories credibly report. Which
gives us the opportunity to plainly see and know, that if he who holds
the place of a ruler governs ill, there may be a separation from him
without incurring justly the blame of revolt; for that they are things
in themselves directly contrary, to leave a bad pope, and forsake the
church, a wicked king, and the kingdom. The inhabitants of Libnah seem
to have followed this before remembered expedient; for after the re-establishment
of the service of God they presently became again the subjects of king
Hezekiah. And if this distinction is allowed, when a pope encroaches
on the rights of any ruler, which, notwithstanding in some cases acknowledges
him for his sovereign, is it not much more allowable, if a ruler who
is a vassal in that respect, attempts to acquire and appropriate to
himself the rights of God? Let us conclude, then, to end this discussion,
that all the people by the authority of those into whose hands they
have committed their power, or a number of them, may, and ought to reprove
and repress a ruler who commands things against God. In like manner,
that all, or at the least, the principal men of provinces or towns,
under the authority of the chief magistrates, established first by God,
and secondly by the ruler, may according to law and reason, hinder the
entrance of idolatry within the enclosure of their walls, and maintain
their true religion; even further, they may extend the confines of the
church, which is but one, and if having the means to do it, yet they
neglect to, they justly incur the penalty of high treason against the
Divine Majesty.
Whether
private individuals may resist by use of arms
It remains now that we speak of men who are private persons. First,
particulars or private persons are not obligated to take up arms against
any ruler who would compel them to become idolaters. The covenant between
God and all the people who promise to be the people of God does not
in any way bind them to that. For, just as what belongs to the whole
body does not belong to any particular member, so, in like manner, the
duty the whole body owes and is bound to perform cannot by any sensible
reason be required of any of the parts - neither does their duty oblige
them to it, for everyone must serve God in that proper vocation to which
he is called. Private individuals have no power or duly constituted
authority, nor any calling to bear the sword in an official capacity.
Therefore, since God has not granted sword-bearing authority to private
individuals, He does not require that they should take it up. It is
said to them, "put up thy sword into thy scabbard." (Jn. 18:11)
On the other hand, the apostles say of the ruling authorities, they
carry not the sword in vain. (Rom. 13:4) If individuals take up the
sword, they are violating the law. If magistrates are slow and negligent
to wield it when necessary, they are likewise justly blameable of negligence
in performing their duties, and equally guilty with the former.
But you may say, hasn't God also made a covenant with individuals as
He did with the people as a whole, with the lowest as well as the highest?
Why were circumcision and baptism ordained? Why the frequent repetition
of the covenant in so many passages of scripture? All this is true,
but a number of things need to be considered. All the subjects of a
good and faithful ruler, whatever their rank or station, are obligated
to obey him. However, some of them are lesser magistrates and have it
as their particular duty to hold others in obedience under them. In
like manner, all men are bound to serve God, but some are placed in
a higher rank. They have received greater authority, insomuch as they
will be held accountable for the offences of others if they do not carry
out their duties and responsibilities diligently.
The kings, the communities of the people, the magistrates into whose
hands the whole body of the commonwealth has committed the sword of
authority, are responsible for the church being maintained and preserved;
Private individuals ought only to see to it that they become members
of this church. Kings and other men in authority are obligated to prevent
the pollution or ruin of the church, and ought to free and defend it
from both internal corruption and external injury. Private individuals
must make sure that their bodies, the temples of God, are pure so that
they may be fit receptacles for the Holy Ghost to dwell in. The apostle
says, if any man defile the temple of God, God will destroy him; for
the temple of God is holy, which temple ye are. (1 Cor. 3:17) To the
former, He gives the sword which they bear with authority; to the other
He recommends the sword of the Spirit only, that is, the word of God.
This is what Saint Paul arms all Christians with against the assaults
of the devil. What then shall individuals do if the king tries to force
them to serve idols? If the magistrates into whose hands the people
have given their authority, or the magistrates of the place where they
live oppose these proceedings of the king, let them, in God's name,
obey their leaders, and employ all their means (as in the service of
God) to aid the holy and commendable enterprises of those who oppose
themselves lawfully against his wicked intention. Among others, they
have the examples of the centurions, and men at arms, who readily and
cheerfully obeyed the princes of Judah who, stirred up by Jehoidas,
purged the church from all profanation, and delivered the kingdom from
the tyranny of Athaliah. (2 Chr. 23) But if the rulers and magistrates
approve the course of an outrageous and irreligious ruler, or if they
do not resist him, we must lend our ears to the counsel of Jesus Christ:
we should flee to some other place. We have the example of the faithful
mixed among the ten tribes of Israel, who, seeing the true service of
God abolished by Jeroboam and no opposition, they fled into the territories
of Judah, where religion remained in her purity. Let us rather forsake
our livelihoods and lives, than God; let us rather be crucified ourselves,
than crucify the Lord of Life: The Lord says, do not fear them who can
only kill the body. (Mat. 10:28) He Himself, His apostles, and an infinite
number of Christian martyrs, have taught us this by their examples.
Therefore, shall it be permitted to any private person to resist by
arms? What shall we say of Moses, who led Israel away in spite of King
Pharaoh? And of Ehud, who, after ten years' servitude, when Israel might
seem to belong by right of prescription to him who owned it, killed
Eglon, the king of Moab, and delivered Israel from the yoke of the Moabites;
and of Jehu, who put to death his lord the king Joram, exterminated
the family of Ahab, and destroyed the priests of Baal? Weren't these
private individuals? I answer, that if they be considered in themselves,
they may well be accounted private persons, insomuch as they had not
any ordinary vocation. But, seeing that we know that they were called
extraordinarily and that God Himself has, so to speak, put His sword
into their hands, far be it from us to account them private persons:
but rather let us think of them as specially deputized officials, and
ranked above any magistrate whatsoever.
The calling of Moses is approved by the explicit word of God, and by
obvious miracles. It is said of Ehud that God stirred him up to kill
the tyrant, and deliver Israel. (Jg. 3:15) Jehu was anointed by the
commandment of the prophet Elisha, to destroy all the sons of Ahab.
(2 Ki. 9) Besides, the principal men of the kingdom saluted him as king
before he accomplished anything. There may as much be said of all the
rest, whose examples are given in the scriptures. But if God Almighty
does not speak with His own mouth, nor extraordinarily by His prophets,
we ought to be exceedingly cautious, and to stand upon our guard. For
if any man supposes he is inspired by the Holy Spirit and attribute
to himself divine authority, I would entreat him to look that he be
not puffed up with vanity lest he make a god of his own fancy, and offer
sacrifice to his own inventions. Let him not then be conceived with
vanity, lest instead of fruit he bring forth deluding lies. Let the
people also be advised on their parts, lest in desiring to fight under
the banner of Jesus Christ, they run not to their own confusion to follow
the army of some Galilean Thendas, or of Barcozba: as it happened to
the peasants and Anabaptists of Munster, in Germany, in the year 1323.
I will not say, notwithstanding, that the same God who, to punish our
offences, has sent us in these our days both Pharaohs and Ahabs, may
not also sometimes raise up extraordinary deliverances to His people.
Certainly His justice and His mercy continue to all ages, firm and immutable.
Now, if God no longer performs those kinds of miracles as He did in
former times, we should understand that He works miraculously in our
hearts, which is evident when we have our minds free from all ambition,
a true and earnest zeal, a right knowledge, and conscience, and, lest
being guided by the spirit of error or ambition, we make idols of our
own imaginations, rather than serve and worship the true and living
God.
Whether
it is lawful to take up arms in defense of religion
Furthermore, in all fairness, we must necessarily answer those who hold
that the church ought not to be defended by arms. According to them,
it's no great mystery why God forbade in the law that the altar should
be made or adorned with the help of any tool of iron. (Deut. 27:5) In
like manner, at the building of the Solomon's temple, no sound of axe
or hammer, nor other tools of iron was heard. (1 Ki. 6:7) From this
they conclude that the church, which is the living temple of the Lord,
ought not to be defended by arms; yea, as if the stones of the altar,
and of the temple were hewed and taken out of the quarries without any
instrument of iron, which the text of the holy scripture clearly refutes.
This allegorical explanation, though attractive, is not convincing:
we cite the fourth chapter of the Book of Nehemiah, where we read that
one part of the people carried mortar, and another part stood ready
with their weapons, that some held in one hand their swords, and with
the other carried the materials to the workmen, for the rebuilding of
the temple. By this means, they hoped to prevent their enemies from
ruining their work. We hold that the church is neither advanced nor
edified by these material weapons. However, by these arms it is secured
and preserved from the violence by enemies who will not by any means
endure the increase of it. Briefly, there has been an infinite number
of good kings and rulers (as histories testify) which by arms have maintained
and defended the service of God against pagans. Our opponents readily
reply that wars like these were allowable under the law; but since the
time that grace has been offered by Jesus Christ, who would not enter
into Jerusalem mounted on a brave horse, but meekly sitting on an ass,
these "holy wars" are no longer lawful. I answer first, and
all agree with me in this, that our Savior Christ, during all the time
that He was in this world, took not on Him the office of a judge or
king; but rather of a private person, and a lawbreaker by imputation
of our transgressions; so that the fact that He did not carry nor use
arms is quite irrelevant.
But I would willingly demand of such exceptionalists, whether that they
think by the coming of Jesus Christ in the flesh, that magistrates have
lost their right in the sword of authority? If so, Saint Paul contradicts
them. He says that the magistrates carry not the sword in vain, (Rom.
13:4) and did not refuse their assistance and power against the violence
of those who had conspired his death. And if they agree with this, to
what purpose do they think the magistrates should bear the sword, if
it be not to serve God who has committed it to them, to defend the good
and punish the bad? Can they do better service than to preserve the
church from the violence of the wicked, and to deliver the flock of
Christ from the swords of murderers? In addition, I would ask whether
they think that all use of arms is forbidden to Christians? If this
is their opinion, then I would know of them, why Christ did grant to
the centurion his request? (Mat. 8:5-13) And why did He praise him so
highly? Why does Saint John the Baptist command the men at arms to content
themselves with their pay, and not to use extortion to get more, rather
than persuading them to leave their calling? (Luke 3:14) Why did Saint
Peter baptize Cornelius the Centurion, who was the first-fruits of the
Gentiles? And why didn't he advise him to quit the army? (Acts 10:48)
Now, if to bear arms and to make war are lawful things, can there possibly
be found any war more just than that which is, by the command of the
superior, for the defence of the church, and the preservation of the
faithful? Is there any greater tyranny than that which is exercised
over the soul? Can there be imagined a war more commendable than that
which suppresses such a tyranny? For the last point, I would willingly
know of these men, whether it be absolutely prohibited Christians to
make war upon any occasion whatsoever? If they say that it is forbidden
them, then why is it that the men at arms, captains and centurions,
who had no other occupation but the military, were always received into
the church? Why do the ancient Fathers and Christian historians make
so frequent mention of certain legions composed wholly of Christian
soldiers, such as that of Malta, so renowned for the victory which they
obtained, and of that of Thebes, of which Saint Mauritius was general,
who suffered martyrdom, together with all his troops, for the confessing
of the name of Jesus Christ? And if it be permitted to make war (as
it may be they will confess) to keep the limits and towns of a country,
and to repulse an invading enemy, isn't it much more reasonable to take
arms to preserve and defend honest men, to suppress the wicked, and
to keep and defend the limits and bounds of the church, which is the
kingdom of Jesus Christ? If it were otherwise, to what purpose should
Saint John have foretold that the whore of Babylon shall be finally
ruined by the ten kings, whom she has bewitched? (Rev. 18) Furthermore,
if we hold a contrary opinion, what shall we say of the wars of Constantine,
against Maxentius, and Licimius, celebrated by so many public orations,
and approved by the testimony of an infinite number of learned men?
What ought we to make of the many crusades made by Christian rulers
against the Turks and Saracens to conquer the Holy Land, who had ought
not to have had any other end in their designs but to stop the enemy
from ruining the temple of the land, and to restore the integrity of
His service into those countries?
Although the church cannot be advanced by arms, it may be justly defended
by the means of arms. I say further, that those that die in so holy
a war are no less the martyrs of Jesus Christ than their brethren who
were put to death for religion; nay, they who die in that war seem to
have this disadvantage, that with a free will and well knowing the risks
into which they cast themselves, notwithstanding, do courageously expose
their lives to death and danger, whereas the other do only not refuse
the death that it it is necessary for them to suffer. The Turks strive
to advance their religion by force of arms, and if they subdue a country,
they immediately enforce the impieties of Mohammed, who, in the Qu'ran,
has so recommended arms, as they are not ashamed to say it is the ready
way to heaven, yet the Turks constrain no man in matter of conscience.
But he who is a much greater adversary to Christ and true religion,
with all those kings whom he has enchanted, opposes fire and faggots,
to the light of the gospel, tortures the Word of God, compelling by
wracking and torments, as much as in him lies, all men to become idolaters,
and finally is not ashamed to advance and maintain their faith and law
by perfidious disloyalty, and their traditions by continual treasons.
Now, on the contrary, those good rulers and magistrates are said properly
to defend themselves, when they surround and fortify, by all their means
and industry, the vine of Christ, already planted, to be planted in
places where it has not yet been, lest the wild boar of the forest should
spoil or devour it. They do this (I say) in covering with their buckler,
and defending with their sword, those who by the preaching of the gospel
have been converted to true religion, and in fortifying with their best
ability, by strong walls, moats, and ramparts, the temple of God built
with living stones, until it have attained the full height, despite
all the furious assaults of it's enemies. We have lengthened out this
discourse thus far, to the end we might take away all scruple concerning
this question. Set, then, the estates, and all the officers of a kingdom,
or the greatest part of them, every one established in authority by
the people: know, that if they do not contain within his bounds (or
at the least, make every effort to do so) a king who seeks to corrupt
the law of God, or hinders it's reestablishment, that they offend grievously
against the Lord, with whom they have contracted covenants upon those
conditions. Those of a town, or of a province, making a portion of a
kingdom, let them know also, that they draw upon themselves the judgment
of God if they do not drive impiety out of their walls and confines
if the king seek to bring it in, or if they be wanting to preserve by
all means, the pure doctrine of the Gospel, although for the it's defence
they suffer banishment for a time, or any other misery. Finally, more
private individuals must be informed that nothing can excuse them if
they obey any command that offends God, and yet they have no right nor
permission of any sort to take up arms by their private authority, unless
it is absolutely clear that they have extraordinary vocation to do so
— which we have confirmed by cogent testimonies drawn from scripture.
THE THIRD
QUESTION
Whether it is lawful to resist a ruler who is oppressing or
ruining the country, and how far such resistance may be extended; by
whom, how, and by what right or law it is permitted.
For so much as we must here discuss the lawful authority of a lawful
ruler, I am confident that this question won't be in the least acceptable
to tyrants and wicked rulers. But it's no wonder that those who acknowledge
no law but their own whims are deaf to the voice of that law which is
grounded upon reason. But I am convinced that the good rulers will willingly
listen to this discussion, because they know full well that every magistrate,
whatever their rank, are but an embodiment of the law. And even though
nothing will convince the bad rulers, this doesn't say anything against
the good, since the two are are, in character, diametrically the opposite
of each other. Therefore, whatever shall be said against the actions
of tyrants by no means detracts anything from good kings; on the contrary,
the more tyrants are shown for their true colors, the more glorious
does the true worth and dignity of good kings appear, and neither can
the vicious imperfections of the one be laid open without adding perfections
and respect to the honor of the other.
But as for tyrants, let them say and think what they please; that will
be the least of my worries. For it is not to them, but against them
that I write. I believe good kings will readily consent to that which
is propounded, for they ought to hate tyrants and wicked governors just
as much as shepherds hate wolves, physicians hate poisoners, or true
prophets hate false doctors; for reason infuses into good kings as much
hatred against tyrants, as nature imprints in dogs against wolves, for
as the one lives by looting and pillaging, so the other is born or bred
to redress and prevent all such outrages. It may be the flatterers of
tyrants will read this and turn up their noses at it, but if they were
not past all grace, they would rather blush with shame. I very well
know that the friends and faithful servants of kings will not only consider
and approve this argument, but also, with their best abilities, defend
its contents. Accordingly as the reader shall find himself liking or
disliking what we say here, let him know that by that he shall plainly
discover either the affection or hatred that he bears to tyrants. Let
us now enter into the matter.
Kings
are made by the people
We have shown before that it is God that appoints and chooses kings,
and who gives them their kingdoms. Now we say that it is the people
who establish kings, puts the sceptre into their hands, and who with
their support, approves the election. God would have it done in this
manner so that kings should acknowledge that after God, they hold their
power and sovereignty from the people. And that this would then encourage
them to concentrate and direct all their efforts on the benefit of the
people without being puffed with any vain imagination that they were
created from material more excellent than other men, for which they
were raised so high above others; as if they were to command our flocks
of sheep, or herds of cattle. But let them remember and know that they
are made no different than anyone else, raised from the earth by the
voice and acclamations of the people, raised as it were, on their shoulders
to their thrones, that they might afterwards bear on their own shoulders
the greatest burdens of the commonwealth. Many ages before that, the
people of Israel demanded a king. God gave and appointed the law of
royal government contained in Deut. 17: 14-15: "Thou art come unto
the land which the Lord thy God giveth thee, and shalt possess it, and
shalt dwell therein, and shalt say, I will set a king over me like as
all the nations that are about me, thou shalt in any wise set him whom
the Lord thy God shall choose from amongst thy brethren, etc."
You see here that the election of the king is attributed to God, but
he is established by the people. Now when the practice of this law came
in use, let us see in what manner they proceeded.
The elders of Israel, who represented the whole body of the people (elders
are understood to be the captains, the centurions, commanders over fifties
and tens, judges, provosts, but principally the chiefest of tribes)
came to meet Samuel in Ramah, and not being willing longer to endure
the government of the sons of Samuel, whose ill management had justly
drawn on them the people's dislike, and also persuading themselves that
they had found the means to make their wars hereafter with more advantage,
they demanded a king of Samuel. Samuel asked counsel of the Lord, who
made known that He had chosen Saul for the governor of His people. Then
Samuel anointed Saul, and performed all those rights which belong to
the election of a king required by the people. Now this might, perhaps,
have seemed sufficient, if Samuel had presented to the people the king
who was chosen by God, and had admonished them all to become good and
obedient subjects. Notwithstanding, to the end that the king might know
that he was established by the people, Samuel appointed the elders to
meet at Mizpah, where they assembled as if the business of choosing
a king had yet to begin, and nothing had already been done, in other
words, as if the election of Saul hadn't happened yet. (1 Sam. 10:17)
The lot was cast and fell on the tribe of Benjamin, then on the family
of Matri, and lastly on Saul, born of that family, the same man whom
God had chosen. Then by the consent of all the people Saul was declared
king. Finally, so that Saul nor any other might attribute the aforesaid
business to chance or lot, Saul then made some proof of his valor in
raising the siege of the Ammonites in Jabish Gilead (1 Sam. 11). At
the urging of the people, he was again confirmed king in a full assembly
at Gilgal. You see that he whom God had chosen, and the lot had separated
from all the rest, is established king by the support of the people.
And for David, by the commandment of God, and in a manner more evident
than the former, after the rejection of Saul, Samuel anointed for king
over Israel, David, chosen by the Lord. (1 Sam. 16:13). After that,
the Spirit of the Lord left Saul, and instead worked in a special manner
in David. But David, despite all this, did not reign, but was compelled
to save himself in deserts and rocks, often coming close to the very
brink of destruction. In fact, he never reigned as king until after
the death of Saul, for then by the acclamation of all the people of
Judah, he was first chosen king of Judah, and seven years later by the
consent of all Israel, he was inaugurated king of Israel in Hebron.
So then, he is first anointed by the prophet at the commandment of God,
as a token he was chosen. Secondly, by the commandment of the people
when he was established king. And so that kings may always remember
that it is from God, but by the people, and for the people's sake that
they reign, and that in their glory they don't say (as is their custom)
they hold their kingdom only by God and their sword, but also add that
it was the people who first gave them that sword. The same order offered
in Solomon. Although he was the king's son, God had chosen Solomon to
sit upon the throne of his kingdom, and by explicit words had promised
David to be with him and assist him as a father his son. David had with
his own mouth designated Solomon to be successor to his crown in the
presence of some of the principal men of his court.
But this was not enough, and therefore David assembled at Jerusalem
the princes of Israel, the heads of the tribes, the captains of the
soldiers, and ordinance officers of the kings, the centurions and other
magistrates of towns, together with his sons, the noblemen and worthiest
personages of the kingdom, to consult and resolve upon the election.
In this assembly, after they had called upon the name of God, Solomon,
by the consent of the whole congregation, was proclaimed and anointed
as king, and sat upon the throne of Israel. (1 Chr. 28-29) Then, and
not before, the princes, the noblemen, his brothers themselves do him
homage, and take the oath of allegiance. And so that it may not be said
that that was only done to avoid the disputes which might arise amongst
the brothers and sons of David about the succession, we read that the
other following kings have, in the same manner, been established in
their places. It is said, that after the death of Solomon, the people
assembled to create his son Rehoboam king. (1 Ki. 12) After Amaziah
was killed, (2 Chr. 25:25) Azariah, his only son, was chosen king by
all the people, (2 Chr. 26:1) Ahaziah after Jehoram, Jehoahaz, the son
of Josiah, after the decease of his father, whose piety might well seem
to require that without any other solemnity, both he and the other were
chosen and invested into the royal throne by the support of the people.
To which also belongs, that which Hushai said to Absolom: "Nay,
but whom the Lord and His people, and all the men of Israel chose, his
will I be, and with him will I abide" (2 Sam. 16:18). This is just
like saying, "I will follow the king lawfully established, and
according to the accustomed order." Thus, although God had promised
to His people a perpetual lamp (that is, a king) and a continual successor
of the line of David, and that the successor of the kings of this people
were approved by the Word of God Himself, despite this, we see that
the kings of Israel did not reign before the people had ordained and
installed them with the necessary ceremonies. It may be concluded from
this that the kingdom of Israel was not a hereditary monarchy, if we
consider David and the promise made to him, and that it was wholly elective,
if we regard the particular persons. But it is apparent that the election
is only mentioned so that the kings might always remember that they
were raised to their high office by the people, and therefore they should
never forget during life what a strict bound of observance they are
tied to with those from whom they have received all their greatness.
We read that the kings of the heathen have been established also by
the people; for when they had either troubles at home, or wars abroad,
someone, in whose ready valor and discreet integrity the people did
principally rely and rest their greatest confidence, him they presently,
with universal consent, established as king.
Cicero says, that among the Medes, Diocles, from a Judge of private
controversies, was, for his uprightness, elected king by the whole people,
and in the same manner were the first kings chosen amongst the Romans.
Insomuch, that after the death of Romulus, the interregnum and government
of the hundred senators being little acceptable to the citizens, it
was agreed that from that time forward, the king should be chosen by
the acclamation of the people, and with the approval of the senate.
Tarquinius Superbus was therefore considered to a tyrant because being
chosen neither by the people nor the senate, he intruded himself into
the kingdom only by force and usurpation. Therefore Julius Caesar, long
after, though he gained the empire by the sword, yet so he might add
some pretense of legality to his former intrusion, he caused himself
to be declared, both by the people and senate, perpetual dictator. Augustus,
his adopted son, would never take on him as inheritor of the empire,
although he was declared so by the testaments of Caesar, but always
held it as of the people and senate. The same also did Tiberius, Caligula
and Claudius, and the first that assumed the empire to himself, without
any color of right, was Nero, who also by the senate was condemned.
Because none were ever born with crowns on their heads and sceptres
in their hands, and because no man can be a king by himself, nor reign
without people (whereas on the contrary, the people may subsist by themselves,
and did so, long before they had any kings), it must of necessity follow
that kings were at the first constituted by the people. And although
the sons and dependents of such kings, inheriting their fathers' virtues,
may seem to have rendered their kingdoms hereditary to their offspring,
and that in some kingdoms and countries, the right of free election
seems of a sort buried, nevertheless in all well-ordered kingdoms, this
custom still exists. The sons do not succeed the fathers before the
people have first, as it were, re-established them by their new confirmation.
Neither were they acknowledged in quality as inheriting it from the
dead, but were approved and accounted kings only when they were invested
with the kingdom, by receiving the sceptre and diadem from the hands
of those who represent the majesty of the people. One may see most evident
marks of this in Christian kingdoms which are at this day esteemed hereditary;
for the French king, he of Spain and England, and others, are commonly
inaugurated, and, as it were, put into possession of their authority
by the peers, lords of the realm, and officers of the crown, who represent
the body of the people; no more nor less than the emperors of Germany
are chosen by the electors, and the kings of Polonia, by the wojewodas
or palatines of the kingdom, where the right of election is yet in force.
In like manner also, the cities give no royal reception, nor entries
to the king, until after their inauguration, and in ancient times they
did not to count the times of their reign until the day of their coronation.
This custom was strictly observed in France. But unless the continued
course of some successions should deceive us, we must take notice, that
the councils of the kingdoms have often preferred the cousin before
the son, or the younger brother before the elder. For example, in France,
Louis was preferred before his brother Robert, Earl of Eureux [Annales
Gillii]; in like manner Henry before Robert, nephew to Capet. Which
is more by authority of the people in the same kingdom, the crown has
been transported (the lawful inheritors living) from one lineage to
another, as from that of the Merovingian kings to that of the Charlemagnes,
and from that of the Charlemagnes to that of Capets, the which has also
been done in other kingdoms, as the best historians testify.
But not to wander from France, the long continuance and power of which
kingdom may in some sort plead for a ruling authority, and where succession
seems to have obtained most reputation. We read that Pharamond was chosen
in the year 419, Pepin in the year 751, Charles the Great, and Charlemagne,
the son of Pepin, in the year 768, without having any respect to their
fathers' former estate. Charlemagne dying in the year 772, his portion
fell not presently into the possession of his brother Charles the Great,
as it ordinarily happens in the succession of inheritances, but by the
ordinance of the people and the estates of the kingdom he is invested
with it; the same author witnesses, that in the year 812, Lewis the
Courteous, although he was the son of Charles the Great, was also elected;
and in the testament of Charlemagne, inserted into the history written
by Nauclere, Charlemagne does entreat the people to choose, by a general
assembly of the councils of the kingdom, which of his grandchildren
or nephews the people pleased, and commanding the uncles to observe
and obey the ordinance of the people. By this means, Charles the Bold,
nephew to Louis the Courteous and Judith, declares himself to be chosen
king, as Aimonius the French historian recites. In conclusion, all kings
at the first were altogether elected, and those who at this day seem
to have their crowns and royal authority by inheritance, have (or should
have) first and principally their confirmation from the people. Although
the people of some countries have been accustomed to choose their kings
of such a lineage, which for some notable merits have worthily deserved
it, yet we must believe that they choose the lineage itself, and not
every branch that proceeds from it. Neither are they so tied to that
election, if the successor degenerates, they may not choose another
more worthy, neither those who come and are the next of that lineage
are born kings, but created such, nor called kings, but princes of royal
blood.
The
whole body of the people is above the king
Now, since the people choose and establish their kings, it follows that
the whole body of the people is above the king. This is because he who
is established by another is under that person, and he who receives
his authority from another is less than the person from whom he derives
his power. Potiphar the Egyptian sets Joseph over all his house; Nebuchadnezzar
places Daniel over the province of Babylon; Darius sets the one hundred
and twenty governors over his kingdom. It is commonly said that masters
establish their servants, and kings their officers. In like manner,
also, the people establish the king as administrator of the commonwealth.
Good kings have accepted this title and even the bad ones themselves
use of it; in fact, for a long period of time, no Roman emperor (aside
from absolute tyrants such as Nero, Domitian, or Caligula) would allow
himself to be called 'lord.' Furthermore, it must necessarily be, that
kings were instituted for the people's sake, neither can it be, that
for the pleasure of some hundreds of men, and without doubt more foolish
and worse than many of the other, all the rest were made, but much rather
that these hundred were made for the use and service of all the other,
and reason requires that he be preferred above the other, who was made
only to and for his sake. Just as for a ship's voyage, the owner appoints
a pilot over her who sits at the helm and makes sure she maintain her
course and not run aground. The pilot, while on duty, is strictly obeyed
by the crew and even by the owner of the vessel despite the fact that
he is a servant as well as the least in the ship. The only thing that
makes a pilot different than the rest of the crew is that he serves
in a better place than they do.
In a commonwealth, the king is the same as the pilot in a ship, the
people are owners of the vessel, obeying the pilot, while he is looking
out for the public good; as though this pilot neither is (nor ought)
to be considered other than as a servant to the public, just as a judge
or general in war differs little from other officers. But he is obligated
to bear greater burdens, and expose himself to more dangers. By the
same reason, the land the king acquires by use of arms by means of frontier
expansion in warring on the enemy, or that which he gets by forfeiture
or confiscations, actually belongs to the kingdom - not to the king
but rather to the people that make up the kingdom, no more nor less
than the servant does for his master; neither may one contract or obligate
themselves to him, but by and with reference to the authority derived
from the people. Furthermore, there are all sorts of people who live
without a king, but we cannot imagine a king without people. And those
who have been raised to the royal office were not advanced because they
excelled other men in beauty and comeliness, nor in some excellency
of nature that better enabled them to govern them as shepherds do their
flocks, but since they are made out of the same substance as the rest
of the people, they should acknowledge that they, as it were, borrow
their power and authority.
The ancient custom of the French represents that exceedingly well, for
they used to lift up on a buckler, and salute him king whom they had
chosen. And why is it said, "I pray you that kings have an infinite
number of eyes, a million ears, with extreme long hands, and feet exceedingly
swift?" Is it because they are like Argos, Gerien, Midas, or various
other mythological creatures so celebrated by the poets? Certainly not,
but this is said in regard to all the people, whom the business of governing
principally concerns — they lend to the king for the good of the
commonwealth their eyes, their ears, their means, and their abilities.
If the people forsake the king, he will presently fall to the ground,
although his hearing and sight seemed most excellent at first, and that
he was strong and in the best possible disposition. And even if he seemed
to triumph in all magnificence, yet in an instant he will become most
vile and contemptible: to be brief, instead of those divine honors wherewith
all men adore him, he shall be compelled to become a petty schoolmaster,
and whip children in the school at Corinth. Take away the foundation
of this giant, and like the Colossus at Rhodes, he presently tumbles
on the ground and breaks into pieces. Seeing then that the king is established
in this degree by the people, and for their sake, and that he cannot
subsist without them, who can think it strange, then, for us to conclude
that the people are above the king?
Now, everything we say concerning the people universally also applies
to those who in every kingdom or town lawfully represent the people,
and who ordinarily are called the officers of the kingdom, or of the
crown — but not those officials appointed by the king, since it
is the king and not the people who places and displaces them at his
pleasure. Indeed, after his death these officers have no more power,
and are considered dead. On the other hand, the officers of the kingdom
receive their authority from the people in the general assembly of the
states (or, at the least, have done so by ancient custom) and cannot
be disauthorized by anyone but them. So then the one depends on the
king, the other on the kingdom; those of the sovereign officer of the
kingdom, who is the king himself, and those of the sovereignty itself,
that is, of the people, of which sovereignty, both the king and all
his officers of the kingdom ought to depend. The responsibility of the
one is proper relation to the care of the king's person; that of the
other, to save the commonwealth from damage; the first ought to serve
and assist the king, just as all domestic servants are obligated to
their masters; the other to preserve the rights and privileges of the
people, and to hinder the ruler so that he neither omit the things that
are advantageous to the state, nor commit anything that may cause damage
to the public.
Briefly, the one are servants and domestics of the king, employed to
obey his person. The other, on the contrary, are as associates to the
king, in the administration of justice, participating of the royal power
and authority, being bound to the utmost of their power to assist in
the management of the affairs of state, just as the king, who is, as
it were, their president, and principal only in order and degree.
Therefore, as all the whole people is above the king, and likewise taken
in one entire body, are in authority before him, yet individually, every
one of them is under the king. It is easy to know how far the power
of the first kings extended, in that Ephron, king of the Hittites, could
not grant Abraham the sepulchre, but in the presence and with the consent
of the people (Gen. 23): neither could Hemor the Hevite, king of Sichem,
contract an alliance with Jacob without the people's assent and confirmation
thereof (Gen. 34); because it was then the custom to refer the most
important affairs to be dispensed and resolved in the general assemblies
of the people. This might easily be practiced in those kingdoms which
were then almost confined within the circuit of one town.
But when the kings began to extend their limits, and since it became
impossible for the people to assemble together all into one place because
of their great numbers, which would have been nothing but confusion,
the officers of the kingdom were established, who should ordinarily
preserve the rights of the people, and also, as when extraordinary circumstances
required, the people might be assembled, or at the least such a fraction
as might by the most principal members be a representation of the whole
body. We see this order established in the kingdom of Israel which (in
the judgment of the wisest politicians) was excellently ordered. The
king had his cupbearers, his carvers, his chamberlains and stewards.
The kingdom had her officers, to wit, the seventy-one elders, and the
heads and chief chosen out of all the tribes, who had the care of the
public faith in peace and war.
Furthermore, the kingdom had magistrates in every town, who had the
particular government of them, as the former were for the whole kingdom.
At such times when affairs of consequence were to be dealt with, they
assembled together, but nothing that concerned the public state could
receive any solid determination. David assembled the officers of his
kingdom when he desired to invest his son Solomon with the royal dignity;
when he would have examined and approved that manner of policy, and
managing of affairs, that he had revived and restored, and when there
was no question of removing the ark of the covenant.
And because they represented the whole people, it is said in the history,
that all the people assembled. These were the same officers who delivered
Jonathan from death, condemned by the sentence of the king, by which
it appears, that there might be an appeal from the king to the people.
After that, the kingdom was divided through the pride of Rehoboam. The
council at Jerusalem, comprised of seventy one elders, seems to have
such authority that they might judge the king as well as the king might
judge every one of them in particular.
In this council was presided over by the duke of the house of Judah,
that is, some principal man chosen out of that tribe; as also, in the
city of Jerusalem, there was a governor chosen out of the tribe of Benjamin
residing there. This will appear more clear by examples: Jeremiah, sent
by God to announce to the Jews the destruction of Jerusalem, was therefore
condemned first by the priests and prophets, in whose hands was the
ecclesiastical jurisdiction, and then afterwards by all the people of
the city; that is, by the ordinary judges of Jerusalem, to wit, the
milleniers, and the centurions. Finally, the matter being brought before
the rulers of Judah, who were the seventy-one elders assembled, and
set near to the new gate of the temple, he was acquitted by them..
In this very assembly, they discreetly condemned, in explicit terms,
the wicked and cruel act of the king Jehoiachin, who, a little before,
had caused the prophet Uriah, who also foretold the destruction of Jerusalem,
to be slain.
We read in another place, that Zedekiah held the authority of this council
in such reverence that he was so far from delivering of Jeremiah from
the dungeon where the seventy-one had cast him, that he dare scarce
remove him into a less rigorous prison. After persuading him to give
his consent to the putting to death the prophet Jeremiah, he answered
them, that he was in their hands, and that he might not oppose them
in anything. (Jer. 38:5) The same king, fearing lest they might bring
charges against him, to bring him to account for certain speeches he
had used to the Prophet Jeremiah, was glad to feign an untrue excuse.
It appears by this, that in the kingdom of Judah, this council was above
the king — in this kingdom, I say, not fashioned or established
by Plato or Aristotle, but by the Lord God Himself, being author of
all their order, and supreme moderator in that monarchy. Such were the
seven magi or sages in the Persian empire, who had almost a paralleled
dignity with the king, and were termed the ears and eyes of the king,
who also never dissented from the judgment of those sages.
In the kingdom of Sparta there were the ephori, to whom it was possible
to appeal the judgment of the king, and who, as Aristotle says, had
authority also to judge the kings themselves.
In Egypt the people were accustomed to choose and give officers to the
king, to the end they might hinder and prevent any encroachment, or
usurped authority, contrary to the laws. Now as Aristotle does ordinarily
term those lawful kings, who have for their assistants such officers
or counsellors, so also he makes no difficulty to say, that where they
be absent, there can be no true monarchy, but rather an absolutely barbarous
tyranny, or at the least such a dominion as does most nearly approach
tyranny.
In the Roman Republic, such were the senators and the magistrates created
by the people, the tribune of those who were called Celeres, the praetor
or provost of the city, and others, insomuch as there lay an appeal
from the king to the people, as Seneca declares by various testimonies
drawn from Cicero's books of the commonwealth, and the history of the
Horatii sufficiently shows someone who, being condemned by the judges
for killing his sister, was acquitted by the people.
In the times of the emperors, there was the senate, the consuls, the
praetors, the great provosts of the empire, the governors of provinces,
all attributed to the senate and the people, all of which were called
the magistrates and officers of the people of Rome. And therefore, when
that by the decree of the senate, the emperor Maximus was declared an
enemy of the commonwealth, and that Maximus and Albinus were created
emperors by the senate, the men of war were sworn to be faithful and
obedient to the people of Rome, the senate, and the emperors. Now for
the empires and public states of these times (except those of Turkey,
Russia and such like, which are rather a rhapsody of robbers, and barbarous
intruders, than any lawful empires), there is not one, which is not,
or has not ever been governed in any other manner other than that we
have described. And if through the negligence and sloth of the principal
officers, the successors have found the business in a worse condition,
then those who have, for the present, the public authority in their
hands, are obligated to, as much as in them lies, return things back
into their primary estate and condition.
In the empire of Germany, which is conferred by election, there are
the electors and the rulers, both secular and ecclesiastic, the counts,
barons, and deputies of the imperial cities, and as all these in their
proper places are solicitors for the public good, likewise in the councils
do they represent the majesty of the empire, being obliged to advise,
and carefully foresee, that neither by the emperor's partiality, hate,
nor affection, the public state comes to harm. And for this reason,
the empire has its chancellor, as well as the emperor his, both the
one and the other have their peculiar officers and treasurers apart
from each other. And it is a thing so well-known, that the empire is
preferred before the emperor, that it is a common saying, "That
emperor does homage to the empire."
In like manner, in the kingdom of Poland, there are for officers of
the crown, the bishops, the palatines, the castellains, the nobility,
the deputies of towns and provinces assembled extraordinarily, before
whom and with whose consent, and nowhere else, they make new laws, and
decisions concerning wars. For the ordinary government there are the
counsellors of the kingdom, the chancellor of the state, etc., although
the king has his own stewards, chamberlains, servants, and domestics.
Now if any man should demand who were the greater in Poland, the king,
or all the people of the kingdom, represented by the lords and magistrates,
he should do as much, as if he asked at Venice, if the duke were above
the dominion. But what shall we say of kingdoms, which are said to be
hereditary monarchies? We may indeed conclude the very same. The kingdom
of France, heretofore preferred before all others in excellency of their
laws and majesty of their estate, is a good example. Now, if those who
have the public commands in their hands do not discharge their duties
as they should, it does not follow that they are not obligated to do
it. The king has his high steward of his household, his chamberlains,
his masters of his games, cupbearers, and others, whose offices were
accustomed to depend on the person of the king. After the death of their
master, their offices then became void. And indeed, at the funeral of
the king, the lord high steward, in the presence of all the officers
and servants of the household, breaks his staff of office, and says,
"Our master is dead, let every one provide for himself." On
the other side, the kingdom has her own officers, to wit, the mayor
of the palace, who since has been called the constable, the marshals,
the admiral, the chancellor, or great referendary, the secretaries,
the treasurers and others, who heretofore were created in the assembly
of the three estates, the clergy, the nobility, and the people.
Since the parliament of Paris was made sedentary, they are not thought
to be established in their places before they have been first received
and approved by that session of parliament, and may not be dismissed
nor disposed but by the authority and consent of the same. Now all these
officers take their oath first to the kingdom, which is as much as to
say, to the people, then to the king who is protector of the kingdom,
which can be seen by the tenure of the oath. Above all, the constable,
who, receiving the sword from the king, has it girded around him with
this charge, that he maintain and defend the commonwealth, as we can
see by the words that the king then pronounces.
Besides, the kingdom of France has the peers (so called either for that
they are the king's companions, or because they are the fathers of the
commonwealth) taking their names from the several provinces of the kingdom,
in whose hands the king at his inauguration takes his oath as if all
the people of the kingdom were in them present which shows that these
twelve peers are above the king. They on the other side swear, "That
they will preserve not the king, but the crown, that they will assist
the commonwealth with their counsel, and therefore will be present with
their best abilities to counsel the ruler both in peace and war,"
as appears plainly in the formula of the oath of their peership.
And they therefore have the same right as the peers of the court, who,
according to the law of the Lombards, were not only associates to the
feudal lord in the judgment of causes, but also did take an account,
and judge the disputes that happened between the lord and his vassals.
We may also know, that those peers of France often discussed suits and
differences between the king and his subjects. Insomuch, that when Charles
VI would have given sentence against the Duke of Brittany, they opposed
it, alleging that the discussing of that business belonged properly
to the peers and not to the king, who might not in any sort derogate
from their authority.
Therefore it is that at the present day, the parliament of Paris is
called the court of peers, being in some sort constituted judge between
the king and the people; even between the king and every private person,
and is bound and ought to maintain the least in the kingdom against
the king's attorney, if he undertake anything contrary to law.
Furthermore, if the king ordain anything in his council, if he treat
any agreement with the neighboring rulers, if he begin a war, or make
peace, as lately with the emperor Charles V, the parliament ought to
interpose their authority, and all that which concerns the public state
must be dealt with there. Neither is there anything firm and stable
which the parliament does not first approve. And to the end that the
counsellors of that parliament should not fear the king, formerly they
did not attain to that place without the nomination of the whole body
of the court; neither could they be dismissed for any lawful cause,
but only by the authority of the said body.
Furthermore, if the orders of the king are not subsigned by a secretary
of the kingdom, at this day called a secretary of state, and if the
public decrees are not sealed by the chancellor, who has power also
to cancel them, they are of no force or value. There are also dukes,
marquesses, earls, viscounts, barons, seneschals, and, in the cities
and good towns, mayors, bailiffs, lieutenants, capitols, consuls, syndics,
sheriffs and others, who have special authority, through the circuit
of some countries or towns, to preserve the people of their jurisdiction.
At the present day some of these dignities have become hereditary. Thus
much concerning the ordinary magistrates.
The
assembly of the three estates
Besides all this, in ancient times, the general or three estates were
assembled every year (and these days, they meet when required by urgent
necessity) and all the provinces and towns of any size, meaning the
burgesses, nobles and ecclesiastical persons, did they all send their
deputies, and there they did publicly deliberate and conclude matters
which concerned the public state. The authority of this assembly was
always such that whatever it decided, whether it were to establish peace,
or declare war, or create a regent in the kingdom, or impose some new
tribute, was held firm and inviolable. And even by the authority of
this assembly, kings themselves, if convicted of loose intemperance,
or incompetence, or even for a charge as great as tyranny, were removed
from the throne. And not only that, but all their descendants also were
excluded from the royal succession, just as their ancestor was, by the
same authority, raised to the throne of the same kingdom. Those whom
the consent and approval of the estates had formerly raised, were by
the dissent and disallowing of the same council, afterwards cast down.
Those who, stepping in the virtuous steps of their ancestors, treated
their own election to the throne as if it had been owed to them by right
of inheritance, were driven out and disinherited for their degenerate
ingratitude. For being tainted with insupportable vices, they made themselves
incapable and unworthy of such honor.
This shows that familial succession was tolerated in order to avoid
all the plotting, sneaky and underhanded canvassing for votes, discontent
of the unsuccessful candidates, interregnums, and other troubles resulting
from holding elections. But on the other hand, when these successions
brought other mischiefs more pernicious, when tyranny trampled on the
kingdom, and when a tyrant possessed himself of the royal throne, the
medicine proving much worse than the disease, then the estates of the
kingdom lawfully assembled in the name of all the people, have ever
maintained their authority, whether it were to drive out a tyrant, or
other unworthy king, or to establish a good one in his place. The ancient
French had learned that from the Gauls, as Caesar shows in his commentaries.
For Ambiorix, king of the Eburons, (or Leigeons) confesses, " That
such were the condition of the Gaulish empire, that people lawfully
assembled had no less power over the king, than the king had over the
people." This also appears also in Vercingetorix, who gives an
account of his actions before the assembly of the people.
In the kingdoms of Spain, notably Aragon, Valentia, and Catalonia, there
is the very same. For that which is called the Justitia Major in Aragon
has the sovereign authority in itself. And there, the lords who represent
the people proceed so far, that both at the inauguration of the king,
as also at the assembly of the estates, which is observed every third
year, they say to the king these exact words, "We who are as much
worth as you, and have more power than you, choose you king upon these
and these conditions, and there is one between you and us who commands
over you, to wit, the Justitia Major of Aragon, who often refuses that
which the king demands, and forbids that which the king enjoins."
In the kingdoms of England and Scotland the sovereignty seems to be
in the parliament, which heretofore met almost every year. They refer
to as parliaments the assembly of the estates of the kingdom, in which
the bishops, earls, barons, and deputies of towns and provinces deliver
their opinions, and resolve with a joint consent the affairs of state.
The authority of this assembly has been so sacred and inviolable, that
the king dare not abrogate or alter that which had been there once decreed.
It was that which heretofore called and installed in their charges all
the chief officers of the kingdom, even sometimes the ordinary councillors
of that which they call the king's privy council. In some, the other
Christian kingdoms, as Hungary, Bohemia, Denmark, Sweden, and the rest,
they have their officers apart from the kings; and histories, together
with the examples that we have in these our times, sufficiently demonstrate
that these officers and estates have known how to use their authority,
even to the deposing and driving out of tyrannical and unworthy kings.
However, we must not think that this cuts too short the wings of royal
authority, or that it is just the same as taking the king's head from
his shoulders.
We believe that God is almighty, neither think we it in any way diminishes
His power because He cannot sin; neither do we say "that His empire
is less to be esteemed, because it cannot be neither shaken, nor cast
down" (??? where is that quote from?). Neither also must we judge
a king to be too much abused, if he be withheld by others from falling
into an error, to which he is over much inclined, or for that by the
wisdom and discretion of some of his counsellors, his kingdom is preserved
and kept entire and safe, which otherwise, by his weakness or wickedness,
might have been ruined. Will you say that a man is less healthy because
he is surrounded with discreet physicians who advise him to avoid all
intemperance, and forbid him to eat such foods as are harmful to the
stomach, and who purge him many times against his will. And when he
resists, who will prove his better friends, these physicians who are
studiously careful of his health, or those sycophants who are ready
at every turn to give him that which must of necessity hasten his end?
We must then always observe this distinction: The first are the friends
of the king. The other are the friends of Francis who happens to be
king. The friends of Francis are those who serve him. The friends of
the king are the officers and servants of the kingdom. For, seeing the
king has this name, because of the kingdom, and that it is the people
who give being and consistence to the kingdom, and if the kingdom is
lost or ruined, he must needs cease to be a king, or at the least not
so truly a king, or else we must take a shadow for a substance.
Without question, those are most truly the king's friends, who are most
industriously careful of the welfare of his kingdom and his worst enemies
are those who neglect the good of the commonwealth, and seek to draw
the king into the same lapse of error.
And, as it is impossible to separate the kingdom from the people, nor
the king from the kingdom, in like manner, neither can the friends of
the king be disjoined from the friends of the people, and the kingdom.
I say further, that those who, with a true affection, love Francis had
rather see him a king than a subject. Now, seeing they cannot see him
a king, it necessarily follows, that in loving Francis, they must also
love the kingdom.
But those who would be esteemed more the friends of Francis, than of
the kingdom and the people, are truly flatterers, and the most pernicious
enemies of the king and public state.
Now, if they were true friends indeed, they would desire and endeavour
that the king might become more powerful, and more assured in his estate
according to that notable saying of Theopompus, king of Sparta, after
the ephores or controllers of the kings were instituted. "The more,"
said he, "are appointed by the people to watch over, and look to
the affairs of the kingdom, the more those who govern shall have credit,
and the more safe and happy shall be the state."
Whether
lack of use can take away the authority of the people
But perhaps someone will reply, 'you speak to us here of peers, of lords
and officers of the crown. But to me these are nothing but shadows of
the past, and as substantial as actors on a stage. I don't see any "authority
of the people," and what's worse, most of the royal officers think
of nothing but themselves, serving as sycophants to those kings who
bat poor people around like tennis balls. Hardly any will extend either
compassion or a helping hand to those in misery who are fleeced and
scorched to the very bones by their insolent and insupportable oppression.
And if any so much as desire to do so, they are immediately condemned
as rebels and seditious, and are forced either to flee, or else, if
they remain, put both of life and liberty at risk.' What is the answer
to this? It is this: The outrageousness of kings, the ignorance of the
people, together with the wicked complicity of the great ones of the
kingdom, has been for the most part such throughout the world, that
the licentious and unbridled power wherewith most kings are transported
and which has made them insupportable, has in a manner, by the length
of continuance, gained right of prescription, and the people, for want
of using it, have quit or lost their just and ancient authority. So
that it ordinarily happens that what all men's care ought to attend
on, is for the most part neglected by every man; for what is committed
to the generality, no man thinks is commended to his custody in particular.
Notwithstanding, no such prescription nor prevarication can justly act
against the right of the people. It is commonly said that the exchequers
admit no rule of prescription against it, much less against the whole
body of the people, whose power transcends the king's, and in whose
right the king assumes to himself that privilege; for otherwise, wherefore
is the prince only administrator, and the people true proprietor of
the public exchequer, as we will prove here presently after.
Furthermore, it is not a thing resolved on by all, that no tyrannous
intrusion or usurpation, and continuation in the same course, can by
any length of time prescribe against lawful liberty. If it be objected
that kings were enthroned and received their authority from the people
who lived five hundred years ago, and not by those now living, I answer
that the commonwealth never dies, whereas kings are taken out of this
life one after another. For as the continual running of the water gives
the river a perpetual being, so the alternative revolution of birth
and death renders the people (quoad hunc mundum) immortal.
And further, just as we have at today the same Seine and Tiber rivers
as 1,000 years ago, in like manner is there also the same people of
Germany, France, and Italy (excepting intermixing of colonies, or such
like). Neither can the progress of time, nor changing of individuals
alter in any way the right of those people. Furthermore, they say the
king receives his kingdom from his father, and not from the people,
and he from his grandfather, and so one from another upward.
I ask, could the grandfather or ancestor transfer a greater right to
his successor than he had himself? If he could not (as without doubt
it must need be so) is it not clear that what the successor further
arrogates to himself is equivalent to highway robbery? On the contrary,
the people retain their right of eviction (of the king) intact. Although
the officers of the crown have for a time lost or left their ranks,
this cannot in any true right go against the people, but rather the
opposite: As one would not grant audience or show favor to a slave who
had long held his master prisoner, and did not only vaunt himself to
be free, but also presumptuously assumed power over the life and death
of his master, neither would any man allow the excuses of a thief, because
he had continued in that trade thirty years, or that he had been bred
for that way of life by his father, if he presumed that his long continuance
in that function counts as lawfulness. Rather, the longer he had continued
in his wickedness, the more grievous should be his punishment. In like
manner, the prince is altogether unsupportable, who, because he succeeds
a tyrant, or has kept the people (by whose suffrages he holds the crown)
in long slavery, or has suppressed the officers of the kingdom (who
should be protectors of the public liberty), that he therefore presumes
that what he affects is lawful for him to effect, and that his will
is not to be restrained or corrected by any positive law whatsoever.
For long continuation in tyranny detracts nothing from the right of
the people. Actually, it rather much aggravates the ruler's outrages.
But what if the peers and principal officers of the kingdom make themselves
parts with the king? What if betraying the public bring down the yoke
of tyranny upon the people's neck? Does it follow that by this prevarication
and treason the authority is assumed by the king? Does this detract
anything from the right of the people's liberty, or does it add any
licentious power to the king? Let the people thank themselves, say you,
who relied on the disloyal loyalty of such men.
But I answer, that these officers are indeed those protectors whose
principal care and study should be that the people are maintained in
the free and absolute fruition of their goods and liberty. And therefore,
in the same manner as if a treacherous advocate for a sum of money should
agree to betray the cause of his client into the hands of his adversary,
which he ought to have defended, does not have power for all that to
alter the course of justice, nor of a bad cause to make a good one,
although perhaps for a time he can make it look like one.
In like manner this conspiracy of the great ones combined to ruin the
inferiors cannot nullify the right of the people. In the mean season,
those great ones incur the punishment that they themselves allot against
prevaricators, and for the people, the same law allows them to choose
another advocate and afresh to pursue their cause, as if it were then
only to begin.
For if the people of Rome condemned the captains and generals of their
armies because they negotiated with their enemies to their disadvantage
(although they were drawn to it by necessity, being on the verge of
being overthrown) and would not be bound to perform the soldiers' negotiated
decisions, much less shall a free people be tied up to bear the yoke
of slavery, which is cast on them by those who should and might have
prevented it; but being neither forced nor compelled, did, for their
own particular gain, willingly betray those who had committed their
liberty to their custody.
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