your foot within a free country, ought to cast out from amongst them, and send to some remote parts of the world, as a prodigy of dire portent; or to condemn to some perpetual drudgery, as one devoted to slavery, solemnly obliging themselves, if they ever let you go, to undergo a worse slavery under some cruel, silly tyrant: no man living can either devise himself, or borrow from any other, expressions so full of cruelty and contempt, as may not justly be applied to you. But go on. "When the Israelites asked a king of God, they said, they would set up a king that should have the same rule and dominion over them, that the kings of their neighbour countries . exercised over their subjects. But the kings of the East we know had an unlimited power," as Virgil testifies,

(6 -Regem non sic Ægyptus et ingens

Lydia, nec populi Parthorum, et Medus Hydaspes
Observant.".

"No Eastern nation ever did adore

The majesty of sovereign princes more."

Es

First, what is that to us, what sort of kings the Israelites desired? pecially since God was angry with them, not only for desiring such a king as other nations had, and not such a king as his own law describes, but barely for desiring a king at all? Nor is it credible, that they should desire an unjust king, and one that should be out of the reach of all laws, who could not bear the government of Samuel's sons, though under the power of laws; but from their covetousness sought refuge in a king. And lastly, the verse that you quote out of Virgil does not prove, that the kings of the East had an absolute unlimited power; for those bees, that he there speaks of, and who reverence their kings, he says, more than the Egyptians or Medes do theirs, by the authority of the same poet:

LL -Magnis agitant sub legibus ævum."

"Live under certain fundamental laws."

They do not live under a king then, that is tied to no law. But now I will let you see how little reason you have to think I bear you an ill-will. Most people think you a knave; but I will make it appear, that you have only put on a knave's vizor for the present. In your introduction to your discourse of the pope's supremacy, you say, that some divines in the council of Trent made use of the government, that is said to be amongst bees, to prove the pope's supremacy. This fancy you borrow from them, and urge it here with the same malice that they did there. Now that very same answer that you gave them, whilst you were an honest man, now that you are become a knave, you shall give yourself and pull off with your own hand that vizor you have now put on: "The bees," say you, are a state, and so natural philosophers call them; they have a king, but a harmless one; he is a leader, or captain, rather than a king; he never beats, nor pulls, nor kills his subject bees." No wonder they are so observant of him then: but in good faith, you had but ill luck to meddle with these bees; for though they are bees of Trent, they show you to be a drone. Aristotle, a most exact writer of politics, affirms that the Asiatic monarchy, which yet himself calls barbarous, was according to law, Politic. 3. And whereas he reckons up five several sorts of monarchies, four of those five he makes governments according to laws, and with the consent of the people; and yet he calls them tyrannical forms of government, because they lodge so much power in one man's hand. But the kingdom of the Lacedemonians, he says, is most properly a kingdom, because there all power is not in the king.

(.משפת

The fifth sort of monarchy, which he calls raußasina that is, where the king is all in all: and to which he refers that that you call the right of kings, which is a liberty to do what they list; he neither tells us when nor where any such form of government ever obtained. Nor seems he to have mentioned it for any other purpose, than to show how unjust, absurd, and tyrannical a government it is. You say, that when Samuel would deter the people from choosing a king, he propounded to them this right of kings. But whence had Samuel it? Had he it from the written law of God? That cannot be. We have observed already, that the Scriptures afford us a quite other scheme of sovereignty. Had Samuel it then immediately from God himself by revelation? That is not likely neither; for God dislikes it, discommends it, finds fault with it: so that Samuel does not expound to the people any right of kings appointed by God; but a corrupt and depraved manner of governing, taken up by the pride and ambition of princes. He tells not the people what their kings ought to do, but what they would do. He told them the manner of their king, as before he told us the manner of the priests, the sons of Eli; for he uses the same word in both places (which you in the thirty-third page of your book, by a Hebrew solecism too, call no.) That manner of theirs was wicked, and odious, and tyrannical: it was no right, but great wrong. The fathers have commented upon this place too: I will instance in one, that may stand for a great many; and that is Sulpitius Severus, a contemporary and intimate friend of St. Jerome, and, in St. Augustin's opinion, a man of great wisdom and learning. He tells us in his sacred history, that Samuel in that place acquaints the people with the imperious rule of kings, and how they used to lord it over their subjects. Certainly it cannot be the right of kings to domineer and be imperious. But according to Sallust, that lawful power and authority that kings were entrusted with, for the preservation of the public liberty, and the good of the commonwealth, quickly degenerated into pride and tyranny: and this is the sense of all orthodox divines, and of all lawyers, upon that place of Samuel. And you might have learned from Sichardus, that most of the rabbins too were of the same mind; at least, not any one of them ever asserted, that the absolute inherent right of kings is there discoursed of. Yourself in your fifth chapter, page 106, complain, that "not only Clemens Alexandrinus, but all other expositors mistake themselves upon this text:" and you, I will warrant ye, are the only man that have had the good luck to hit the mark. Now, what a peice of folly and impudence is this in you to maintain, in opposition to all orthodox expositors, that those very actions, which God so much condemns, are the right of kings, and to pretend law for them! Though yourself confess, that that right is very often exercised in committing outrages, being injurious, contumelious, and the like. Was any man ever to that degree sui juris, so much his own master, as that he might lawfully prey upon mankind, bear down all that stood in his way, and turn all things upside down? Did the Romans ever maintain, as you say they did, that any man might do these things suo jure, by virtue of some inherent right in himself? Sallust indeed makes Č. Memmius, a tribune of the people, in an invective speech of his against the pride of the nobility, and their escaping unpunished, howsoever they misbehaved themselves, to use these words, viz., "To do whatever one has a mind to, without fear of punishment, is to be a king." This saying you catched hold of, thinking it would make for your purpose; but consider it a little better, and you will find yourself deceived. Does he in that place assert the right of kings? or does he not blame the common people, and chide them for their sloth, in suffering their nobility to lord it over them, as if they were out of the VOL. II. C

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reach of all law, and in submitting again to that kingly tyranny, which, together with their kings themselves, their ancestors had lawfully and justly rejected and banished from amongst them? If you had consulted Tully, you would have understood both Sallust and Samuel better. In his oration pro C. Rabirio, "There is none of us ignorant," says he, "of the manner of kings. These are their lordly dictates: mind what I say, and do accordingly." Many passages to this purpose he quotes out of poets, and calls them not the right, but the custom or manner of kings; and he says, we ought to read and consider them, not only for curiosity's sake, but that we may learn to beware of them, and avoid them. You perceive how miserably you are come off with Sallust, who though he be as much an enemy to tyranny as any other author whatsoever, you thought would have patronized this tyrannical right that you are establishing. Take my word for it, the right of kings seems to be tottering, and even to further its own ruin, by relying upon such weak props for its support; and by endeavouring to maintain itself by such examples and authorities, as would hasten its downfall, if it were further off than it is.

"The extremity of right or law," you say, "is the height of injury, Summum jus summa injuria; this saying is verified most properly in kings, who, when they go to the utmost of their right, fall into these courses, in which Samuel makes the rights of kings to consist." And it is a miserable right, which, when you have said all you can for, you can no otherwise defend, than by confessing, that it is the greatest injury that may be. The extremity of right or law is said to be, when a man ties himself up to niceties, dwells upon letters and syllables, and in the mean time neglects the intent and equity of the law; or when a written law is cunningly and maliciously interpreted; this Cicero makes to have been the rise of that common saying. But since it is certain that all right flows from the fountain of justice, so that nothing can possibly be any man's right that is not just; it is a most wicked thing in you to affirm, that for a king to be unjust, rapacious, tyrannical, and as ill as the worst of them ever was, is according to the right of kings; and to tell us that a holy prophet would have persuaded the people to such a senseless thing. For whether written or unwritten, whether extreme or remiss, what right can any man have to be injurious? Which, lest you should confess to be true of other men, but not of kings, I have one man's authority to object to you, who, I think, was a king likewise, and professes that that right of kings, that you speak of, is odious both to God and himself: it is in the 94th psalm, "Shall the throne of iniquity have fellowship with thee, that frameth mischief by a law?" Be not therefore so injurious to God, as to ascribe this doctrine to him, viz. that all manner of wicked and flagitious actions are but the right of kings; since himself tells us, that he abhors all fellowship with wicked princes for this very reason, because, under pretence of sovereignty, they create misery and vexation to their subjects. Neither bring up a false accusation against a prophet of God; for by making him to teach us in this place what the right of kings is, you do not produce the right Samuel, but such another empty shadow as was raised by the witch of Endor. Though for my own part, I verily believe that that infernal Samuel would not have been so great a liar, but that he would have confessed, that what you call the right of kings, is tyranny. We read indeed of impieties countenanced by law, Jus datum sceleri: you yourself confess, that they are bad kings that have made use of this boundless license of theirs to do every thing. Now, this right that you have introduced for the destruction of mankind, not proceeding from God, as I have proved it does not, must needs come from the devil; and

that it does really so, will appear more clearly hereafter. "By virtue of this liberty, say you, princes may if they will." And for this, you pretend to have Cicero's authority. I am always willing to mention your authorities, for it generally happens, that the very authors you quote them out of, give you an answer themselves. Hear else what Cicero says in his 4th Philippic, "What cause of war can be more just and warrantable than to avoid slavery? For though a people may have the good fortune to live under a gentle master, yet those are in a miserable condition, whose prince may tyrannize over them if he will." May, that is, can; has power enough so to do. If he meant it of his right, he would contradict himself, and make that an unjust cause of war, which himself had affirmed with the same breath to be a most just one. It is not therefore the right of all kings that you describe, but the injuriousness, and force, and violence of some. Then you tell us what private men may do. "A private man," say you, "may lie, may be ungrateful:" and so may kings, but what then? May they therefore plunder, murder, ravish, without control? It is equally prejudicial and destructive to the commonwealth, whether it be their own prince, or a robber, or a foreign enemy, that spoils, massacres, and enslaves them. And questionless, being both alike enemies of human society, the one, as well as the other, may lawfully be opposed and punished; and their own prince the rather, because he, though raised to that dignity by the honours that his people have conferred upon him, and being bound by his oath to defend the public safety, betrays it notwithstanding all. At last you grant, that "Moses prescribes laws, according to which the king that the people of Israel should choose, ought to govern, though different from this right that Samuel proposes ;" which words contain a double contradiction to what you have said before. For whereas you had affirmed, that a king was bound by no law, here you confess he is. And you set up two contrary rights, one described by Moses, and another by Samuel, which is absurd. "But," says the prophet, "you shall be servants to your king." Though I should grant that the Israelites were really so, it would not presently follow, that it was the right of their kings to have them so; but that by the usurpation and injustice of most of them, they were reduced to that condition. For the prophet had foretold them, that that importunate petition of theirs would bring a punishment from God upon them; not because it would be their king's right so to harass them, but because they themselves had deserved it should be so. If kings are out of the reach of the law, so as that they may do what they list, they are more absolute than any masters, and their subjects in a more despical condition than the worst of slaves The law of God provided some redress from them, though of another na tion, if their masters were cruel and unreasonable towards them. And can we imagine, that the whole body of the people of a free nation, though oppressed and tyrannized over, and preyed upon, should be left remediless? That they had no law to protect them, no sanctuary to betake themselves to? Can we think, that they were delivered from the bondage they were under to the Egyptian kings, to be reduced into a worse to one of their own brethren? All which being neither agreeable to the law of God, nor to common sense, nothing can be more evident, than that the prophet declares to the people the manner, and not the right of kings; nor the manner of all kings, but of most. Then you come to the rabbins, and quote two of them, but you have as bad luck with them here, as you had before. For it is plain, that that other chapter that rabbi Joses speaks of, and which contains, he says, the right of kings, is that in Deuteronomy, and not in Samuel. For rabbi Judas says very truly, and against you, that that discourse of

Samuel's was intended only to frighten the people. It is a most pernicious doctrine, to maintain that to be any one's right, which in itself is flat injustice, unless you have a mind to speak by contraries. And that Samuel intended to affrighten them, appears by the 18th verse," And ye shall cry out in that day, because of your king, which ye shall have chosen you, and I will not hear you in that day, saith the Lord." That was to be their punishment for their obstinacy in persisting to desire a king, against the mind and will of God; and yet they are not forbidden here either to pray against him, or to endeavour to rid themselves of him. For if they might lawfully pray to God against him, without doubt they might use all lawful means for their own deliverance. For what man living, when he finds himself in any calamity, betakes himself to God, so as to neglect his own duty, in order to a redress, and rely upon his lazy prayers only? But be it how it will, what is all this to the right of kings, or of the English people? who neither asked a king against the will of God, nor had one appointed us by God, but by the right that all nations have to appoint their own governors, appointed a king over us by laws of our own, neither in obedience to, nor against, any command of God? And this being the case, for aught I see, we have done well in deposing our king, and are to be commended for it, since the Israelites sinned in asking one. And this the event has made appear; for we, when we had a king, prayed to God against him, and he heard us, and delivered us: but the Jews (who not being under a kingly government, desired a king) he suffered to live in slavery under one, till, at last, after their return from the Babylonish captivity, they betook themselves to their former government again. Then you come to give us a display of your talmudical learning; but you have as ill success with that as you have had with all the rest. For, whilst you are endeavouring to prove that kings are not liable to any temporal judicature, you quote an authority out of the treatise of the Sanhedrim, "that the king neither is judged of others, nor does himself judge any." Which is against the people's own petition in Samuel; for they desired a king that might judge them. You labour in vain to salve this, by telling us, that it is to be understood of those kings that reigned after the Babylonish captivity. For then, what say ye to Maimonides? He makes this difference betwixt the kings of Israel and those of Juda; that the kings of the posterity of David judge, and are judged ; but the kings of Israel do neither. You contradict and quarrel with yourself or your rabbins, and still do my work for me. This, say you, is not to be understood of the kings of Israel in their first institution; for in the 17th verse it is said, "you shall be his servants;" that is, he shall use you to it, not that he shall have any right to make you so. Or if you understand it of their king's right, it is but a judgment of God upon them for asking a king; the effects of which they were sensible of under most of their kings, though not perhaps under all. But you need no antagonists, you are such a perpetual adversary to yourself. For you tell us now a story, as if you were arguing on my side, how that first Åristobulus, and after him Jannæus surnamed Alexander, did not receive that kingly right that they pretended to, from the Sanhedrim, that great treasury and oracle of the laws of that nation, but usurped it by degrees against the will of the senate. For whose sake, you say, that childish fable of the principal men of that assembly being struck dead by the angel Gabriel was first invented. And thus you confess, that this magnificent prerogative, upon which you seem mainly to rely, viz. "that kings are not to be judged by any upon earth, was grounded this worse than an old wife's tale, that is, upon a rabbinical fable." But that the Hebrew kings were liable to be called in question for their actions,

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