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rights of government are derived from God immediately ;
for none but he can give a power of life and death : can
therefore any one take away what they did not give ? or can

1 Ad Divers, i. 8. Priestley's Cicero, vol. iv. p. 22.

8 See Havercamp's note on the preceding passage from Sallust.



AND THEIR LAWS IN SPECIAL. 469

a supreme prince lose it by vice, who did not get it by vir-
tue, but by gift from God ? If a law were made to divest
the prince of his power in case of ill government, then he
were not the man I mean, he is not supreme but subordinate,
and did rule precariously, that is, as long as his superior
judges will give him leave. But for the supreme he is
sacred and immured, just as the utmost orbs of heaven are
uncircumscribed ; not that they are positively in6nite, but
because there is nothing beyond them : so is the supreme
magistrate, nothing is above him but God : and therefore, in
this case, we may use the words of Livy ; " Si quis adversus
ea fecissit, nihil ultra quam improbe factum adjecit lex ;
If he does any thing against reason and justice, there is
no more to be said but that it was ill done." But if he does
not do his duty, that is no warranty for me not to do mine ;
and if obedience and patience be a duty, then the one is as
necessary, and the other is more necessary when he does not
do what he ought. And after all, the supreme power in
every Christian republic hath no power to kill a subject
without law, nor to spoil him of his goods. Therefore nei-
ther can a subject kill or exauctorate the supreme at all ; for
there is no law to do it : and if he be the supreme power, he
is also lawgiver, and therefore will make no such law against
himself; and if he did, he were neither wise nor just.

18. Either then stop all pretences, or admit all. If you
admit any case in which the subjects may fight against their
prince, you must admit every case that he will pretend who
is the judge of one. But because government is by God ap-
pointed to remedy the intolerable evils of confusion, and the
violence and tyranny of every strong villain, we must keep
ourselves there ; for if we take the sword, or the power, or
the legislation, or the judicature, or the impunity, from the
supreme, we return to that state of evil from whence we were
brought by government. For certain it is, all the personal
mischiefs and injustices done by an evil prince, are infinitely
more tolerable than the disorders of a violent remedy against
him. If there be not a ' dernier ressort,' or ' a last appeal,'
fixed somewhere, mischiefs will be infinite : but the evils
that come from that one place will soon be numbered, and
easier suffered and cured.

19. It were easy to add here the sentences of the wise



470 OF SUPREME CIVIL POWERS,

heathen to this very purpose ; for though religion speaks
loudest in this article, yet nature herself is vocal enough :
but I have remarked some already occasionally, to the same
sense with that of Tacitus, b " Imperatores bonos voto expe-
tendos, qualescunque tolerandos:" so the wiser Romans
at last had learnt their duty. The same also was the sen-
tence of the Greeks ; c

Taj ruy xgarovvrav KftuHiai <pigei %giuv'

"We must patiently suffer the follies of our rulers." So
did the Persians.

Quamvis crudelibus, aeque

Paretur dominis, d

" Though the lords be cruel, yet you must obey them as well
as the gentle." But I am weary of so long telling a plain
story. He that is not determined by these things, I sup-
pose, will desire to see no more. But if he does, he may
please to see many more particulars in Barclay, in Grotius,
in Monsieur de la Noue, in Albericus Gentilis, in Scipio
Gentilis, in Bishop Bilson, in Petrus Gregorius, and Bodinus.
I conclude, Many supreme princes have laid aside their
kingdoms, and have exchanged them for honour and reli-
gion ; and many subjects have laid aside their supreme
princes or magistrates, and have exchanged them for liberty
and justice. But the one got, and the other lost : they
had real advantages ; and these had words in present, and
repentance in reversion.



RULE IV.

The Supreme Civil Power is also Supreme Governor over all
Persons, and in all Causes Ecclesiastical.

1 . IP this rule were not of great necessity for the conduct
of conscience, as being a measure of determining all ques-
tions concerning the sanction of obedience to all ecclesias-
tical laws, the duty of bishops and priests to their princes,
the necessity of their paying tribute, and discharging the
burdens and relieving the necessities of the republic, I should

b Histor. iv. c. 8. Valp. ed. vol. iii. p. 267".

c Eurip. Phoeniss. 404, Person. Leips. ed. p. 274.

d Claudian. In Entrop. ii. 480. Gesner. vol. i. p. 301.



AND THEIR LAWS IN SPECIAL. 471

have been unwilling to have meddled with it ; because it
hath so fierce opposition from the bigots of two parties, the
Guelphs and the Ghibellines, from Rome and from Scotland,
from St. Peter and St. Andrew, the papist and the presby-
terian ; and they have placed all their great interest and their
greatest passions upon this question, and use not to be very
kind to any man that shall at all oppose them.

2. From the Church of Rome we have many learned men,
servants of the pope, who affirm, that all government eccle-
siastical belongs to him; that he only can make laws of re-
ligion, that in that he hath a compulsory over kings, who
are his subjects, dependent upon him, by him commanded in
matters of religion ; to which all temporalities are so subor-
dinate, that if not directly, as some of them say, yet directly,
as most of them say, ' in ordine ad spirituale bonum, for the
good of the Church and of religion' he can dispose of them.
The great defenders of this doctrine are, Bellarmine a and Ba-
ronius, b Harding and Eudeemon Johannes, d Fevardentius e
and Mariana, Boucher 8 and Ficklerus,' 1 Alexander Care-
rius 1 and D. Marta, k Doleman, 1 and generally the Jesuits,
and all the canonists.

3. On the other side, the presbytery pretends mightily to
the sceptre of Jesus Christ, as the pope does to the keys of
St. Peter, and they will have all kings submit to that ; as
there is all the reason in the world they should : but, by this
sceptre of Christ, they mean their own classical meetings,
and the government that themselves have set up the other
day ; to which the first inventor of it was at first forced piti-
fully to beg suffrages of allowance, and that it might be en-
dured ; but as ill weeds use to do, it quickly grew up to that
height, that, like the bramble, it would be king, and all the
birds and beasts must come under the shadow of it. The great
masters of this invention after Calvin are, Beza, Cartwright, n
Lambertus Danaeus, Gellius Snecanus, p Guil. Bucanus, q

* De Pontif. Rom. lib. ii. c. 17. b Annal. Eccles.

Cont. Apol. Eccl. Angl. d Cont. Episc. Eliens.

' In Comment, in Estber. f In Tbeatr.

* De Justa Abdicat. Henric. III. h De Jure Magistratuum.

1 De Potestate Papae. k DeTemp. et Spirit Pontif. Potestate.

1 Of the Broken Succession. m De Presbyterio.

* In his Last Reply. Christian. Politia.

P Lib. Disciplinae. * Loci Comm. Theol.



472 OF SUPREME CIVIL POWERS,

Hermannus Renecherus, r Buchanan, 3 Christopher Good-
man,* Brutus Celta, u Francisc. Hottoman,* the author of
the book called ' Speculum Tyrannidis Philippi Regis/ and
the * Dialogue of Philadelphus :' y and if any one would see
more of these, he may find enough of them in the writings
of that excellent and prudent prelate Dr. Bancroft, archhishop
of Canterbury.

4. Concerning the pretences of the Church of Rome, they
are as invalid as can be wished. For although there are
some overtures of Scripture made, as 'Tibi dabo claves,' and
' Ecce duo gladii,' and ' Pasce oves,' which are strange argu-
ments to considering persons to prove the pope superior to
kings : and concerning them I shall not need to use any
argument, but set down the words of the Bishop 2 of Maes-
tricht in an excellent oration of his recorded by Aventine :
" Ambitiosi et superbi sunt qui illud Domini Deique nostri
elogium, ' quodcunque solveris super terram, &c. et quodcun-
que ligaveris erit ligatum,' &c. perfricta fronte interpretando
adulterant, suae libidini servire cogunt, et nobis ceu pueris
et omnium rerum impends, astu illudere student ; They
that expound such words of Christ to serve their pride
or lust of empire, are impudent, and think us to be fools
and children, and fit to be cozened and fooled out of our
senses." Yet these arguments were made no use of to
any such purpose for many ages after the apostles' death :
and therefore, upon wiser accounts, they cause this great
article to rely upon some prudential motives, and some
great precedents and examples. The particulars I shall con-
sider in the following numbers : but that which here lies in
my way, is their great boast of the fact of Pope Zachary
deposing Childeric, king of France, in the year 750, and
appointing Pepin, the king's marshal, to be king in his room.
Upon the warranty of this example Gregory VII." endea-
voured to justify his proceedings against the Emperor Henry
IV. Bellarmine will not endure with patience to hear, that
any one did this feat but the pope only ; and on all hands
they contend mightily that it was he, and not the nobles and

r Observat. in Psal. i. De Jure Regni apud Scotos.

1 Treatise of Obedience. De Jure Magistratuum.

* Francogallia. i Dial. ii. p. 65.

1 Lib. v. Annal. Eoior. *Epist. ad Perimannum Epis. Metens.



AND THEIR LAWS IN SPECIAL. 473

people of France. They indeed were willing, but they had
no authority, therefore they appealed to him as the ordinary
judge ; and he declared for Pepin, and God declared for that
judgment that it was according to his will : for the event
was blessed, Pepin was prosperous, and his son, Charles the
Great, grew a mighty prince, and France a potent empire,
and religion and the Church had great increment, and more
advantages than before or since.

5. But when men judge of actions by the events, they
only shew themselves willing to be cozened by prosperity,
and that they will endure nothing that hath affliction with
it : but so they become advocates for the greatest villanies,
because they could never come to their greatness if they
were unprosperous. And, therefore, there is no judging of
lawful or unlawful by the event, till the last event be tried :
and at the day of our death and at the day of judgment, the
event of things is the best argument and the best trial of
right and wrong. But besides this, the folly of these men
is infinitely seen in this very instance. For it is no wonder
that the Church of Rome was prosperous and did thrive
upon that change : Pepin and Pope Zachary helped one an-
other and divided the spoil ; and Pepin and Charles having
no warranty and reputation in that treasonable surprise of
the crown of France, but what they had from the opinion the
world then had of the bishop of Rome, it concerned Charles
to advance the papacy, that the papacy might support him.
But, " by all that is before him in this world, a man knows
not whether he be worthy of love or hatred," saith Solomon :
and a man's fortune is ' seen in his children :' and therefore
if the pope's servants would look a little further than their
own advantages, they might have considered what is ob-
served by Paulus ^Emilius and Beneventus of Imola, that in
the days of Charles the Great, who was son to Pepin, the
empire was divided (which was the curse in which God pu-
nished Solomon in the person of Rehoboam) ; that his son
Ludovicus Pius was served just as his grandfather served his
master the king : for his son Lotharius did most unnaturally
rebel against him, deposed him, and thrust him into a clois-
ter ; and that he himself felt the judgment of God, for him-
self also was deposed, and succeeded to by Louis II., who
was prosperous in nothing, but in every undertaking the



474 OF SUPREME CIVIL POWERS,

wind blew in his face. His son was ' Ludovicus nihili,' so
they called him, a cipher of a king, and stood for nothing.
He indeed left an heir to the crown : but he also was a man
that had no heart, and his son had no head ; for Charles the
Bald was an extreme pitiful coward, and Charles le Gros
was a fool. After these succeeded Arnulph, who was eaten
up with lice, the sad disease of Herod ; and in his son Lewis
IV. that race was quite extinguished. And now if we judge
of things by the event, have we not great reason, even upon
this account, to suspect the fact of Zachary (though it was
not his authority, but his consent and his confederacy with
the rebel) to be extremely displeasing to Almighty God,
when there was not one of his line but went away with a
share of the Divine anger ? But such reasonings as these
concern none but them who feel them ; they may suspect
the thing, and better examine their confidences, when they
feel any extraordinary evils, which most commonly are the
consequents of a great sin and a mighty displeasure. But
others are to do as they should have done at first, go by
rule, and not venture upon the thing to see what will become
of it. Being now quit of this by which they have made so
much noise, all their other little arguments will soon melt
away, when they come to be handled.

6. But as for the other pretenders (viz. those of the pres-
bytery) to a power superior to kings in ecclesiastical govern-
ment, they have not yet proved themselves to have received
from Christ any power at all to govern in his Church : and
therefore much less by virtue of any such power to rule over
kings. I do therefore suppose these gentlemen not much
concerned in this question, because they are incapable of
making claim ; not only because religion is no pretence to
regalities, and that spiritual power is of a nature wholly dif-
ferent from the power of kings, but because if the spiritual
were to be above the temporal, yet even then they are not
the better. For they have not only none of that spiritual
power which can pretend to government, but it does not yet
appear that they have any at all : and this relies upon the
infinite demonstrations of episcopal government and power ;
which being one of the words and works of Christ, must
needs be as firm as heaven and earth. But if they be con-
cerned, they will be concluded.



AND THEIR LAWS IN SPECIAL. 475

7. And, first, in general, it is necessary that the supreme
power of kings or states should be governors in religion, or
else they are but half-kings at the best ; b for the affairs of
religion are one half of the interest of mankind : and there-
fore the laws of the twelve tables made provision for reli-
gion as well as for the public interest.

Jus triplex, tabulae quod ter sauxere quaternae,
Sacrum, privatum, et populi commune quod usquam est. c

And this is so naturally and unalterably entailed upon the
supreme power, that when Attalus, the king of the Perga-
menians, made the people of Rome his heir with these words
only, " Populus Romanus bonorum meorum hseresesto, Let
the people of Rome be heir of all my goods ;" by ' his goods '
they understood, " Divina humanaque, publica et privata,"
saith Eutropius, d and Florus, 6 " all power in things public
and private, human and Divine." For since religion is that
great intercourse between God and us, it is impossible to
deny to him who stands next to God, the care of that by
which we approach nearest to him ; and this I learned from
Justin : f "Jure ille a diis proximus habetur, per quern deo-
rum majestas vindicatur; He is rightly placed next under
God, by whom the majesty of God is asserted." And there-
fore the Christians must alter their style, and no more say
that the prince is " homo a Deo secundus, et solo Deo mi-
nor "(which are the words ofTertullian), " next to God, and
only less than him," if between God and the prince there is
all that great distance and interval of the government of
religion. He is the best and greatest person that rules the
best and greatest interest : and it was rightly observed of
St. Paul 8 concerning controversies civil, for money or land,
"Set them to judge who are least esteemed amongst you;"
that is, of the least concern : but he that is judge of life and
death, that is, the governor of bodies, and he that governs
the greatest affairs of souls, he indeed ought to be of highest
estimation. Bishops and priests are the great ministers of re-
ligion, but kings are the agw/oi, the great rulers and governors



b Cum jus conferendi opima sacerdotiaab Henrico Imp. vi fueratextortum, ea
res (inquit Paulus /Emilias, lib. v.) multuin virium imperatorise majeslati detraxit
in auimis popularium, plus enim quam dimidium suae jurisdictions perdidit.
c Auson. Idyl. xi. Delpbin. p. 346. d iv. 18. Verheyk, p. 199

UL 12, 3. Duker, p. 545. ' viii. 2, 7. Wetzel. p. 12J.

* 1 Cor. vL



476 OF SUPREME CIVIL POWERS,

of it. And this is easy to distinguish. For as the king's
judges and counsel learned in the law minister law to the
people, yet the king is the supreme judge in law ; and the
king's captains and soldiers fight his battles, and yet he is
* summus imperator,' and the power of the militia is his :
so it is in religion ; it must be ministered by persons ordained
to the service, but governed by himself: he is not supreme,
unless he have all the power of government.

8. (2.) The care of religion must needs belong to the su-
preme magistrate, because religion is the great instrument of
political happiness : " Ad magnas reipublicae utilitatesretine-
tur religio in civitatibus," saith Cicero ; h and unless he have
power to manage and conduct it, and to take care it be rightly
ordered, the supreme power hath not sufficient to defend his
charges. If the prince cannot conduct his religion, he is a
supreme prince just as if he had not the militia; or as if he
were judge of right, but not of wrong; or as if he could re-
ward, but not punish ; or as if he had cognizance but of one
half of the causes of his people ; or as if he could rule at land
but not at sea, or by night but not by day. But now if an
enemy comes with a fleet against him, will he send a brigade
of horse to take a squadron of ships? The case is just the
same : for if God breaks in upon a nation for the evil admi-
nistration of religion, how shall the prince defend his people
or answer to God for them ? And this is no inconsiderable
necessity : for besides that justice and charity, and temper-
ance and chastity, and doing good and avoiding evil, are
parts of religion, and yet great material parts of government
and the laws, the experience of mankind and natural reason
teach us, that nothing is so great a security or ruin to a state
as the well or ill administration of religion.

Di multa neglecti dederunt
HesperijE mala luctuosae : '

and Cicero : k " Omnia prospera eveniunt colentibus deos,
ad versa spernentibus ; The people that have care of reli-
gion, are prosperous ; but unhappy when they are irre-
ligious."

2<m;i/ tupa., saith Euripides ; ' and

b De Divinat. ii. c. 33. Davis. Rath. p. 214. ' Hor. Od. iii. 6, 7.

k Oral. v. in Verrem. l In Baccbis. 386, and in Supplic. 383.



AND THEIR LAWS IN SPECIAL. 477

Religion is the band of families, and a strong foundation to
commonwealths. Tb ffvvsxnxbv avdaris xotvuvias xa/ vuttoQi-
aiag epaa/aa, so Plutarch ; " It is the ligature of all commu-
nities, and the firmament of laws :" the same with that of
Synesius : Euoi/Se/a tfgurov Csro/Ss/Sx^c&w xgjjff/g aa<f>a\fjs t e<p' %c,
fffrq^fi rb aya\fj,a, iftmdov rijg f3uffi\tta<;' " First let religion
be settled, because it is the strong basis and column upon
which a kingdom does rely." And of this we have God him-
self a witness : " Seek the kingdom of heaven and the right-
eousness thereof in the first place ; and all these things (that
is, the necessities of the world and of this life) shall be added."
For so saith the apostle, " Piety is profitable to all things,
having the promise of the life that now is, and of that which
is to come." And to this that of Homer rarely accords :



<rw ri

u.<riv tv



ya.la.



fix.ru S' eftvri^a ^tJXa, B-x^.a/rtra SE iretgijgu i%0uf
"E^ ivnyiff'in;' agiTufi Sj \aai uf' avrou*

The sense of which is well enough rendered by that of Justi-
nian," OUTE^ ev tigrivy <puXarrofj,'svou, xai TO Xo/cric ripTv f$tff)W$MJ
noXtrtupa, that he would take care concerning ecclesiastical
government or the affairs of religion ; "for if this be kept in
peace, all the whole republic will be prosperously adminis-
tered," " reliqua nobis exuberabit politia." So it is rendered
by one of our Saxon kings. The very trees will bring their
fruit in due season, and the sea will give her fish, and the
earth shall give her increase, when kings take care of justice
and religion. By religion princes increase their empire. So
Cicero "affirms of the Romans : " Non calliditate ac robore, sed
pietate ac religione omnes gentes nationesque superavisse ;
They overcame all nations, not by force or craft, but by piety
and religion." And again: " Eorum imperils remp. amplifi-
catam qui religionibus paruissent." To which purpose is that
of Valerius Maximus:P "Non dubitaverunt sacris imperia
servire : ita se Immananiin rerum futura regimen existiman-
tia, si Divinae bene atque constanter fuissent famulata ; The
greatest empires made no scruple of ministering to religion, as

m Odyss. T. 109. Ernesti. Glasg. ed. vol. iv. p. 233. " Novel, xlii.

Orat. de Harus. Resp. c. ix. Priestley's Cicero, vol. iii. p. 981, et de Nat.
Deor. ii. c. 3. Creuzer, p. 218.

P Lib. i. c. 1. 9. Helfrecht, p. 8.



478 OF SUPREME CIVIL POWERS,

believing that then they should most prosperously prevail in
the governments of the world, if they well and constantly did
service to the Divine Almighty power." Now this is not to be
understood as if it meant, that if a king were a good man and
personally religious, it would procure blessings for him and
his people ; though that be true in some proportion of events ;
but signifies that they should be religious kings ; that is, as
such take care to defend, to promote, to conduct, and to go-
vern it to advantages and for the honour of God. And this
observation is made by St. Austin, in his epistle to Bonifa-
cius: "How do kings serve the Lord in fear, but by for-
bidding, and, by a religious severity, punishing those things
which are done against the Lord's commandments ? For other-
wise does he serve him as a man, otherwise as a king. As a
man, he serves him by living faithfully : but as a king, he
serves him by establishing laws, commanding righteousness,
and forbidding the contrary. So did Hezekiah serve God by
destroying the groves and the idol temples, and all those
things which were built against the commands of God. In
the like manner King Josiah did serve God : and the King
of Nineveh served him by compelling all the city to serve the
Lord. Thus King Darius served God by delivering the idol
to Daniel to be broken, and casting his enemies into the
lions' den ; and Nebuchadnezzar served him by forbidding, by
a terrible law, all his subjects to blaspheme. For in this, kings
serve the Lord as kings, when they do those things for his
service, which they cannot do but as kings." Now if religion
be the great interest, the preserver, the enlarger, of kingdoms,
it ought to be governed by the hands of these whose office
it is to enlarge or to preserve them. For if the instrument be
conducted by other hands, the event shall depend upon them,
and then they, not kings, shall be answerable for the felicity
or infelicity of their nations. And it was rarely well said of
Plutarch, that " a city might be as well built in the air, with-
out earth to stand upon, j croXm/'a, rr& irsgi Stuv fo%n$ ami-
etdsiffris, crai-racratr/ e-Jsradiv Xa/3e7v, j XajSoiJffa rjjoTjffa/, as a
republic can either be constituted or preserved without the
support of religion." That supreme power, therefore, that
hath no government of religion, is defective in a necessary
part of its life and constitution.

9. (3.) The supremacy and conduct of religion are



AND THEIR LAWS IN SPECIAL. 479

necessary to the supreme power, because, without it, he
cannot, in many cases, govern his people. For besides that
religion is the greatest band of laws, and conscience is the
greatest endearment of obedience, q and a security for princes
in closets and retirements, and his best guard against trea-
sons ; it is also that by which the common people can be car-
ried to any great, or good, or evil design. And therefore



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