beyond which he has no Authority As for instance if he Levies Money of his People without a Law impowering him to it he goes beyond the limits of his Power and asks that to which he has no Right So that there lyes no obligation on the Subject to grant it And if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressors the Principle of Self preservation seems here to take place and to warrant as violent a resistance 12 There is nothing more evident than that England is a free Nation that has its Liberties and Propertiâ—s reserved to it bâ— many positive and express Laws If then we have a right to our Property we must likewise be supposed to have a right to preserve it for these Rights are by the Law secured against the Invasions of the Prerogative and by consequence we must have a right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves And by consequence any that pretend to have commissions from the King for those ends are to be considered as if they had none at all Since these commissions being void of themselves are indeâ—d no commissions in the construction of the Law And theâ—efore those who act in vertue of them are still to be considered as private persons who come to Invade and disturb uâ— It is also to be observed that theâ—e are some points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forâ—ed pretenâ—es than so much as plausible colours It is true if the case is doubtful the interest of the publick Peace and Order ought to caâ—ry it â—ut the case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that coâ—sider them 13. The main and great difficulty here is that tho our Governmâ—nt does indeed asâ—ert the Liâ—erty of the Subject yet there are many express Laws made that lodge the Militia singly in the King that make it plainly unlawfull upon any pretence whatsoever to take Arms against the King or any câ—mmissioned by him And these Laws have been put in the form of an Oath which all that have born any Imployment either in Church or State â—ave sworn And therâ—fore â—hâ—se Laws â—or the assuâ—eing â—ur Liberties do indeed bind the Kings conscience and may afâ—â—ct his Ministers yâ—t since it is a Mâ—xâ—m of our Law tâ—at the King can do no wrong these cannot be carried so far as to justifie our taking Arms against him be the transâ—râ—ssions of Law eâ—er so many and so manifest And since this has beâ—n the constaâ—t Doctrine of the Church of England it will be a very hâ—avy Imputation on us if it appears that tho we held these opinions as long as the Court and the Crown have favoured us â—et as soon as the Court turns against us we change oâ—r Principles 14. Here is the true difficulty of this whole matter and therefor it ought to be exactly considered Fiâ—st all general words â—ow large soâ—ver are still supposed to have a tacite Exception and reserves in them if the matter seems to require it Children are commanded to Obeâ— their Parents in all things Wives are declared be the Scripture to be subject to their Husbands in aâ—l things as the Church is unto Christ And yet how comprehensive soâ—ver these words may seem to be there is still a reserve to be understood in them And tho by our Form of Marriage the Pâ—rties swear to one another till death them do part yet few doubt 〈◊〉 this bond is dissolved by Adultery tho it is not named for odious things ought not to be suspected and therefore not named upon such occasions But when they fall out they carrie still their own force with them 2. When there seems to be a Contradiction between two Articles in the constitution we ought to examine which of the two is the most evident and the most Important and so we ought to fix upon it and then we must give such an accomodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming contradictions in our constitution The oneis the Publick Libertâ— of the Nation the other is the renouncing of all resiâ—tance in case that were Invaded It is plain that our Liberty is only a thing that we enjoy at the Kings discretion and during his pleasure if the other against all Resistance is to be understood according to the outmost Extent of the words Therefore since the chief Design of Our whole Law and all the several Rules of our Constitution is to secure and mantain Our Liberty we ought to lay that down for a conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it doe not destroy this 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only relate to the Executive Power which is in the King and not to the Legislative in which we cannot suppose that our Legislators who made that Law intended to give up that which we plainly see they resolved still to preserve intire according to the Ancient Constitution So then the not resiâ—ting the King can only be applyed to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him but this cannot with any râ—ason be extended to an Invasion of the Legislative Power or to a total subversion of the Government For it being plain that the Law did not Design to lodge that power in the King it is also plain that it did not intend to secure him in it in case he should â—et about it 4. The Law mentioning the King or those Commissionate by him shews plainly that it only Designed to secure tâ—e King in the Executive Power For the word Commission necessarly imports this since if it is not according to Law it is no Commission And by conâ—equence â—â—ose who Act in Vertue of it are not commissionate by the King in the sense of the Law. The King likewise imports a Prince clothed by Law with the Regal Prerogative but if he goes to Subvert the whole Foundation of the Governmenâ— he subverts that by which he himself has his power and by consequence he annulls his own power and then he ceases to be King having endeavoured to destroy that upon which his own Authority is founded It is acknowledged by the greatest asserters of Monarchical power that
in some cases a King may fall from his power and in other cases that he may fall from the exercise of it His deserting his people his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchical Lawyers such abuses that they naturally divest those that are guilty of them of their whole Authority Infamy or Phrenzie do also put them under the Guardian-ship of others All the crowned heads of Europe have at least secretly approv'd of the putting the late King of Portugal under a Guardian-ship the keeping him still Prisoner for a few Acts of Rage that had been fatal to a very few persons And even our Court gave the first countenance to it tho of all otâ—ers the late King hade the most reason to have done it at least last of all since it justified a Younger brother's supplanting the Elder yet the evidence of the thing carryed it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his power or at least from the exercise of it so far as that he ought to be put under Guardians and according to the case of Portugal the next Heir falls naturally to be the Guardian The next thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Eâ—rors that have been perhaps committed are only such Malversations as ought to be Imputed only to humane Frailty and to the Ignorance Inadvertencies or passions to which all Princes may be Subject as well as other men but this will best appear if we consider what are the Fundamental points of our Government and the chief securities that we have for our Liberties The Authoritâ— of the Law is indeed all in one word so that if the King pretends to a power to Dispense with Laws there is nothing left upon which the Subject can depend And yet as if Dispensing power were not enough if Laws are wholly suspended for all time coming this is plainly a repealing of them when likewise the Men in whose hanâ—s the Administraâ—ion of Justice is put by Law suâ—h as Judges and Sheriffs are allowed to tread all Laws unâ—er foot even thâ—se that infer an incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no mâ—re have the Administration of Justice so that it is really a dissolution of thâ— Government since all Tryals Sentences and the Executions of them are become so many unlawful Acts that are null and void of themselves The next thing in our Constitution which secures to us our Laws and Liberties is a Free and Lawful Parlâ—ament Now not to mention the breach of the Law of Triennial Parliaments it being above three years since we had a Session that enacted any Law Methods have been taken and are daily a taking that render this impossible Parliaments ought to be chosen with an inâ—ire Liberty and without either Force or Pre-engagements Whereas if all Men are required before hand to enter into Engagements how they will Vote if they were chosen themselves Or how they will give their Votes in the Electing of others This is plainâ—y such a preparation to a Parliament as would indeed make it no Parliament but a Cabal if one were chosen aâ—ter all that Corâ—uption of Persons who had pre-engaged themselves and after the Threatning and Turning out of all Persons out of Employmenâ—s who had Refused to do it And if there are such daily Regulations made in the Towns that it is plain those who manage them intend at last to put such a number of Men in the Corâ—orations as will certainly chuse the persons who are recommended to them But above all if there are such a number of Sheriffs and Majors made over England by whom the Elections must be conducted and returned who are now under an Incapacity by Law and so are no Legal Officers and by consequence these Elections that pass under their Authoritâ— are null and void If I say it is clear that things are brought to this then the Government is disâ—olved because it is impossible to have a Free and Legal Parliament in this State of things If then both the Authority of the Law and the constitution of the Parliament are struck at and disâ—olved here is a plain subversion of â—he whole Government Buâ— if we enter nâ—xt into the particular bâ—anches of the Government we will find the like disoâ—der among them all The Proteâ—tant Religion and the â—hurch of England make a great Article of our Government the Latter â—eing secured not only of old by Magna Charta but by many special Laws made of late And there are parâ—icular Laws made in K. Chaâ—lâ—s the First and the late King's time securing them frâ—m all Commissions that the King can raise for Judging or Cenâ—ureing them If then in oppofition to this a Court so condemned is Eâ—â—cted which proceeds to Judge and Câ—nsure the Clergy and even to dâ—sseiâ—e them of their Free holds without so much as the Form of a Tâ—yal tho this is the most indispensable Law of all these that secures the Property of Englaâ—d And if the King pretends that he can â—equire the Clergâ— to publish all his Arbitrary Declarations And in parâ—icular one that stricks at their whole Setlement and has Ordâ—red Pâ—ocess to be begun against all that disobeyed this illâ—gal Warrant and has treated so great a number of the Bishops as â—râ—minals only for representing to him the reasons of their not obeâ—ing him If likewise the Kiâ—g is not satisfied to proâ—ess his own Religiâ—n openly tho even that is contraâ—y to Law but has sent Ambassadors to Rome and received Nunciâ—'s from thence which is plainly Treason by Law if likewise many Popish Churches and Chapels have been publickly opened if several Colledgâ—s of Iesuits have â—eâ—n set up in â—ivers parts of the Nation and One of the Ordâ—r has been made a Privy Counsellour and a Principal Minister of State and if Papists and even those who tuâ—n to that Religion tho deâ—laâ—ed Traitors by Law are brought into all the chief Employmâ—nts boâ—h Miliâ—ary and Civil then it is plain that all the rights of the Church of England and the whole establishment of the Protestant Reliâ—ion are struck at and designed to be overturned since all these things as they are notoriously illegal so they evidently deâ—onstrate that the grâ—at design of them all is the rooting out this Pestilent Heresie in their stile I mean the Protestant Religion In the next place if in the whole course of Justice it is visible that there is a constant pâ—actisâ—ing upon the Iudges that theâ— are turned out upon their varying from the Intentions of the Court and if Men of no Reputation or Abilities are put in their places If an Army is
AN ENQUIRY Into the Measures of SUBMISSION To the SUPREAM AUTHORITY And of the Grounds upon which it may be Lawful or Necessary for SUBJECTS to Defend their RELIGION LIVES And LIBERTIES LONDON Printed in the Year 1688. An Enquiry into the Measures of SUBMISSION to the Supream Authority And of the Grounds upon which it may be Lawful or Necessâ—ry for Subjects to Defend their RELIGION LIVES and LIBERTIES THis Enquirie cannot be Regularly made but by taking in the first place a true and full view of the Nature of Civil Society and more particularly of the Nature of Supream Power Whether it is lodged in one or moe Persons 1. It is certain that the Law of Nature has put no difference nor subordinaâ—ion among Men except it be that of Children to Parents or of Wives to their Husbands So that with Relation to the Law of Nature all Men aâ—e born free And this Libertâ— must still be supposed Entire unless so far as it is limited by Contracts Provisions and Laws For a Man can eiâ—her bind himselâ— to be a Servant or sell himself to be a Slave by which he becomes in the power of another only so far as it was provided by the Contract Since all â—hat Liberty which was not expresly given away remains still entire so that the Plea for Liberty alwayes proves it self unless it appears that it is given up or limited by any special Agreement 2. It is no less certain that as the light of Nature has planâ—ed in all Men a Natural principle of the Love of Life and of a desire to prâ—sâ—rve it so the commâ—n principles of all Religion agree in this that GOD having set Us in this World we are bound to preserve that Being which he has given Us by all Just and Lawful wayes Now this Duty of Self-Prâ—servâ—tion is exerted in instances of two sorts The one are in the resisting of violent Aggressors The other are the taking of Jâ—st Revenges of those who have invaded Us so secretly that We could not prevent them and so violently that We could nor resist them In which cases the principle of Self preservation warrants us both to recover what is our own with just Damages And also to put such unjust persons out of a capacity of doing the like injuries any more either to our selves or to any others Now in these instances of Self-preservation this difference is to be observed that the first cannot be limited bâ— any slow Forms since a â—ressing Danger requires a vigorous Repulse and cannot admit of delay whereas the second of taking Reverges or Reparations is not of such haste but that it may be brought under Rules and Forms 3. The true and original Notion of Civil Society and Government is that it is a com-promise made by such a body of Men by which they resign up the right of demanding Reparations either in the way of Justice against one another or in the way of War against their Neighbours to sucâ— a single person or to such a body of Men as they think fit to trust with this And in the management of this Civil Society great distinction is to be made between the power of making Laws for the regulating the conduct of it the power of executing these Laws the Supream Authority must still be supposed to be lodged with those who have the Legislâ—tive Power reserved to them but not with thoâ—e who have only the Executive which is plainly a Trust when it is separated from the Legislative power and all Truâ—ts by their nature Impâ—rt that those to whom they are given are accountable even tho that it should not be expresly specified in the words of the â—rust it self 4. It cannot be supposed by the principles of Natural Religion that GOD has authorised any one Form of Government any other way than as the general Rules of Order and of Justice oblige all Men not to subvert Constitutions nor disturb the peace of Mankind nor invade those Rights with which the Law may have vested some Persons For it is certain that as private Contracts lodge or translate private Rights so the publick Laws can likewise lodge such Rights â—rerogatives and Revenues in those under whose protection they put themselves and in such a manner that they may come to have as good a title to these as any private person can have to his property so that it becomes an Act of high injustice and violence to invade these which is so far a greater sin than any such Actions would be against a private person As the publick Peace and Order is preferable to all private considerations whatsoever So that in truth â—the principles of Natural Religion give those that are in Authority no power at allâ— but they do only secure them in the possession of that which is theirs by Law And as no considerations of Religion can bind me to pay another more than I indeed owe him but do only bind me more strictly to pay what I owe So the considerations of Religion do indeed bring Subjects under stricter Obligations to pay all due allâ—giance and Submission to their Princes but they do not at all extend that Allegiaâ—ce further than the Law carries it And though a Man has no Divine Right to his Property but has acquired it by Humane Means such as Succession or Industry yet he has a security for the enjoyment of it from a Divine Right so tho Princes have no immediate warrants from Heaven either for their Original Titles or for the extent of them yet they are secured in the possession of them by the Principles and Rules of Natural Religion 5. It is to be considered that as a private Person can bind himself to anothâ—r Mans service by different degrees either as an ordinary Seâ—vant for wages or as an appropriat for a longer time as an Apprentice or by a total giving himself up to another as in the case of Slavery In all which cases the General name of Master may be equally used yet the degrees of his power are to be judged by the nature of the Contract so likewise Bodies of Men can give themselves up in different degrees to the conduct of others And therefore though all thoâ—e may carry the same name of King yet every ones power is to be taken from the Measures of the Authority which is lodged in him and not from any general Speculations founded on some Equivocal terms such as King Soveraign or Supream 6. Iâ—'s certain that GOD as the Creator and Governour of the World may set up whom he will to rule over other Men But this Declaration of His will must be made evident by Propheâ—s or other extraordinary Men senâ— of Him who have some manifest prooâ—s of the Divine Authority that is committed to them on such occasions and upon such Persons declaring the will of GOD in favour of any others that Declaration is to be submitted to and obeyed But this pretence of a Divine Delegation can
be carryed no farther than to those who are thus expreslâ— marked out and is unjustly claimed by those who can prove no such Declaration to have been ever made in Favour of them or their Families Nor does it appear Reasonable to conclude from their being in possession that it is the will of GOD that it should be so this justifies all Usurpers when they â—re successful 7. The Measures of Power and by consequence of Obâ—dience must be taken from the express Laws of any Sâ—ate or Body of Men from the Oaths that they swear or from Immemorial prescription and a long possession which both give a Title and in a long tract of time make a bad one become good since prescription when it passes the memory of man and is not dispured by any other pretender gives by the common sense of all men a just and good title So upon the whole matter the degrees of all Civil Authority are to be taken either from express Laws Immemorial Customs or from particular Oaths which the Subjects swear to their Princes This being still to be laid down for a principle that in all the disputes between Power and Liberty Power must alwayes be proved but Liberty proves it self the one being founded only upon positive Law and the other upon the Law of Nature 8. If from the General Principles of humane Society and natural Religion we carry this matter to be examined by the Scriptures it is clear that all the passages that are in the Old Testament are not to be made use of in this matter of neither side For as the land of Canaan was given to the Iews by an immediat grant from Heaven so GOD reâ—erved still this to himself and to the Declarations that he should mâ—ke from time to time either by his Prophets or by the answers that came from the Cloud of Glory that was between the Cherubims to set up Judges or Kings over them and to pull them down again as he thought fit here was an express Delegation made by God and therefâ—re all that was â—one in that Dispensation either for or against Princes Is not to be made use of in any other State that is founded on another bottom and constitution and all the expressions in the old Testament relating to Kings since they belong to persons that were immediatly designed by God are without any sort of reason apâ—lyed to those who can pretend to no such Designation neither oâ— themselves nor for their Ancestors 9. As for the New Testament it is plain that there are no rules given in it neither for the Forms oâ— Government in general nor for â—he degrees of any one Form in particular but the general rules of Justice order and peace being established in it upon higher Motives and more binding considerations then ever they were â—n any other Religion whatsoever we are most strictly bound by it to observe the constitution in which we are And it is plain that the rules set us in the Gospel can be carried no further It is indeed clear from the New Testament that the Christian Religion as such gives us no grounds to defend or propagat it by force It is a Doctrine of the Cross and of Faith and Patience under it And iâ— by the order of Divine providence and of any constitution of Governmenâ— under which we are born we are brought under sufâ—erings for our professing of it we may indeed retire and fly out of any such Countrey if we can but if that is denyed us we must then according to this Religion â—ubmit to those suffeâ—ings under which we may be brought considering that God will be Glorified by us in so doing and that he will both support us under our sufferings and gloriously reward us for them This was the State of the Christian Religion during the three first Centuries under Heathen Emperours and a Constitution in which Paganism was established by Law But iâ— by the Laws of any Government the Christian Religion or any form of it is become a part of the Subjects Property it then falls under another considerâ—tion not as it is a Religion but as it is become one of the Principal Rights of the Subjects to believe and profess it And then we must juâ—ge of the Invasions made on that as we do of any other Invasion that is made on Our Rights 10. All the pasâ—ages in the New Testament that relate to Civil Government are to be expounded as they were truely meaned in opposition to that false notion of the Iews who believed themselves to be so immediately under the Divine Authority that they would not become the Subjects of any other Power particularly of one that was not of their Nation or of their Religion therefore they thought they could not be under the Roman yoke nor bound to pay Tribute to Caesar but judged that they were only subjâ—ct out of Fear by reason of the Force that lay on them but not for Conscience sake And so in all their Dispersion both at Rome and elsewhere they thought they were GODS Free-Men and made use of this pretended Liberty as a cloak of maliciousness In Opposition to all which since in a courâ—e of many years they had asked the protection of the Roman yoke and were come undâ—r their Authority our Saviour ordered them to continue in that by his â—aying Render to Caesar that which is Caesars and both St. Pâ—ul in his Epistle to the Romans and St. Peter in his General Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the power that Augustus had indeed violently usurped it became legal when it was thus submitted to and confirmed both by the Senate and People And it was establisht in his Family by a long prescription when these Epistleâ— were writ So that upon the whole matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the consâ—iâ—ution that is setled by Law. 11 We are then at last brought to the Constitution of our English Government So that no General Considerations from Speculations about Soveraign Power nor from any passages either of the Old and New Tâ—stament ought to determin us in this matter which must be fixed from the Laws and Regulations that have been made among Us. It is then certain that with Relation to the Executive part of the Government the Law has lodged that singly in the King So that the whole administration of it is in him but the Legislative Power is Lodged between the King and the two Houses of Parliament So that the Power of making and Repealing Laws is not singly in the King but only so far as the two Houses concur with him It is also clear that the King has such a determined extent of Prerogative