every body knows frequently patronize such hazardous Engagements and therefore no body is bound to believe such a Mans Profession where there is so great an odds in the perswasive Motives to War but when a Man prefers Submission before Rebellion his Innocency before his Safety patiently suffers the loss of Life and lays it down obedientially to his Governours as a Sacrifice to his God acquitting all possible earthly interests to safe-guard one spiritual one he makes such a Profession according to Human Judgment as is not capable of a reasonable Suspicion of Imposture and Hypocrisie And this is the middle Way of Subjection to which God directs us betwixt active Obedience and forcible Resistance When we cannot obey actively we can and ought to obey passively Though we cannot obey unlawful commands yet we can be quiet and peaceable yea we may do any thing to prevent and redress grievances except strive against our Governours with armed Force And why this in no case whatsoever is lawful I shall now shew you more particularly from the Principles of Religion Sect. 47.1 Because the higher Powers are of God ordained of him v. 1. and therefore whosoever resisteth them resisteth the Ordinance of God as 't is in the Words immediately preceding the Text. That Human Societies may be setled in peace and quietness God by his Ordinance and Constitution hath provided Government for them and though he hath not peremptorily appointed the particular Species or Form of Government nor by any special Revelation from Heaven immediately designed or nominated the individual Person or Persons who shall be invested with and exercise the Sovereign Authority and Power in every Community of Men as hath been formerly said yet that his appointment of Government might not be fruitless and in vain he hath lain an obligation on all Societies of Men to do such act or acts as shall appropriate unto some Person or Persons the Supremacy of Dominion and Rule and invest him or them with a Propriety and Peculiarity in that Station and Relation and the Person or Persons so entitled to the Sovereign Power may as truly be denominated God's Ordinance as if God by an immediate interposition had declared it so to be Be the Dominion Elective or Hereditary and Successive the Case is the same when once the Sovereign Power is regularly and legally determined and appropriated to one or more all that stand in the Relation of Subjects thereunto are to acknowledge and perform Subjection and Obedience as to God's Ordinance Hence the Supream Ruler is termed in v. 4. of this ch the Minister of God Because he partakes of God's Authority and Power and acts by his Commission in his stead and whoever is obliged to yield Subjection unto God is also obliged to yield Subjection unto him for Gods sake And answerably the Apostle tells us v. 5. that we must needs be subject for conscience sake Which only is obliged by Gods Law And consequently as every single Person seperately considered and the whole Body of the People collectively considered are subject unto God so to the Sovereign Power too and cannot resist the Sovereign Power but they must likewise resist God himself because the Power is given from the Lord and Sovereignty from the most High Wisd 6.3 't is the most High which ruleth in the Kingdom of Men and giveth it to whomsoever he will as Daniel speaks ch 4.25 who acknowledged to Belshazzar ch 5.18 that the most High God gave Nebuchadnezzar his Father a Kingdom and Majesty and Glory and Honour So that the Concurrence of the People in any case to the making of a King hath only a Subserviency to the Designation of his Person and contributes nothing at all towards the Collation of his Power For there is no Power but of God And therefore by him only Authority immediately derived from him do all the Kings in the World Reign and Princes decree Justice who are Supream and Sovereign Kings and Princes Psal 8.15 when therefore 't is said that all the People made Saul King 1 Sam. 11.15 and anointed David King 2. Sam. 2.4 and made Solomon the Son of David King 1 Chron. 29.22 the Meaning is they made a Declaration that they consented and acknowledged that they were their Kings For they were all Kings before by the especial Appointment of God himself and could thereby derive no Authority or Power from the People only this voluntary acknowledgment rendred the Exercise of their Office the more grateful to themselves and the People Which may be as formerly intimated illustrated by the chusing of Mayors Sheriffs Stewards Bayliffs and other Officers in Corporate Towns and Cities where the Persons chosen receive no Office or Authority from the Electors but wholly derive it from the King's Charter So all the higher Powers are God's Ordinance and not the Peoples And therefore the higher Powers are dignified with God's own Name Ps 82.6 I have said ye are Gods Because they are his Vice-gerents and act in his Name and what they so do God doth by them and therefore 't is said He judgeth among the Gods Ps 82.1 and their Throne is called the Throne of the Lord 1 Chr. 29.22 And they are said to judge not for Man but for the Lord 2 Chr. 19.6 which is a convictive Evidence that the Supream Powers depend immediately upon God only for their Dignities and Authorities And hence by the Stile of our Laws the King being the Supream Power is Rex Dei gratia King by the Grace of God because he owes his Sovereign Dominion to God alone and is to be accountable for it only to him And the Statute of 16 Ric. 2. thus declares That the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things touching the Regality of the same Crown and to no other And the King being God's immediate Substitute and exercising Dominion and Authority next and immediately under him as he that resisteth the King's Vice-Roy resisteth the King so he that resisteth the King resisteth the Ordinance of God Sect. 48. 2. Because such a Resistance is utterly inconsistent with that aweful reverence and observance the Laws of our Religion exact from us to the higher Powers We are as peremptorily commanded to fear the King as to fear the Lord Pr. 24.21 Fear the Lord and the King And what God hath joyned together we must not put asunder We must fear to displease the one as well as the other fear to displease the King because we fear to displease the Lord For God hath made this fear as properly due to the King as the most Legal Custom or Tribute which is paid to him Rom. 13.7 Render therefore to all their Dues Tribute to whom Tribute Custom to whom Custom Fear to whom Fear Honour to whom Honour And he cannot be restrain'd with this Fear who Assaults his King with Force Elsewhere we are commanded to Honour
this Preamble At the Request of the Commonalty by their Petition made before the King in his Parliament c. so again in 9 Edw. 3. 'T is thus prefaced Whereas the Knights Citizens and Burgesses desired our Sovereign Lord the King in his Parliament by their Petition and many of the Statutes are penned in this Imperial Stile The King Commands The King wills Our Lord the King hath established Our Lord the King hath ordained And of his special grace hath granted c. See 3 Edw. 1. and 6 Edw. 1. and 25. Edw. 3. Statute of Marleburdg 52 Hen. 1. and Statute of Quo Warranto A sufficient Evidence That all our Laws owe their Being to the King's Authority only Sect. 99. 2. All the judicial Courts of England are the King's Courts and derive all their Authority originally from him and are obliged to refer the Exercise of their respective Jurisdictions finally for the Preservation of his Person Crown and Dignity and consequently the High Court of Parliament is the King's Court too and depends on him for that Authority which is there exercised And 't is well observed by my Lord Coke That the King is Principium Caput Finis Parliamenti and answerably in the Parliament writ the King calls it Quoddam Parliamentum nostrum Thereby signifying a Subordination of the Estates convented in Parliament under him sitting there in his Royal Political capacity And consequently the Acts of the Two Houses of Parliament without an impress of Royal Authority are nothing worth to the Purposes of Government 'T is no Argument that the Two Houses of Parliament have a Co-ordination with him in his legislative Authority because he hath restrained himself from the Exercise and Use of it without their Request and Consent for it is no more than a Conditio sine qua non which hath only the Force of a Negative without the Concurrence of which the principal Efficient obtains not its Effect Sect. 100. 3. The Measures or Degrees of all Civil Authority and Power are to be taken either from the express Laws of any State or the immemorial Customs and Prescriptions thereof from a long Possession or from the Oaths the Subjects swear to their Princes This is acknowledged by the Author who pleads for a Co-ordination of the Houses of Parliament with the King in the Legislative Authority of the Kingdom as a proper Rule by which to judge where the Legislative Power of a Nation is lodged and this being impartially attended will evidently discover That the Legislative Power is in the King only For 1. If we consider what the Laws determine we shall find that they ascribe it wholly to the King See to this purpose the afore-quoted Preface to a Statute in 24. Hen. 8. where 't is thus said For by divers Old Authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the World governed by our Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the Same unto whom a Body Politick compact of all sorts and degrees of People divided in Terms and by Names of Spiritualty and Temporalty have been bounden and ought to bear next to God natural and humble Obedience he being also in Statute and furnished by the Goodness and Sufferance of Almighty God not of the People with Plenary whole and entire Power Preheminence Authority Prerogative and Jurisdiction to render and yield Justice and final determination in all Causes Matters and Debates Likewise in the Statute of the 35 of Eliz. this Submission after Non-conformity to divine Service is to be made openly in some Church I do acknowledge and testify in my Conscience that no other Person hath or ought to have any Power or Authority over His Majesty Which Statute was declared to be in full force in the 16 of Ch. 2. 2. This Authority and Preheminence as the former Statute mentioned implies is of immemorial Custom and Prescription and was so far as I can discover never questioned in any Parliamentary Convention of the States till 1642. and then by the Two lower States only too and then the Co ordination in the Legislative Power was asserted to warrant and justify one of the most unreasonable and barbarous Rebellions that ever was in this Kingdom 'T is declared by the Statute of 16 Rich. 2. That the Crown of England hath been so free at all times that it hath been in no earthly Subjection but immediately subject to God in all things touching the Regality of the same Crown and to none other and if to none other then not to the Two Houses of Parliament and in 1 Jam. 1. The High Court of Parliament wherein as they speak the whole Kingdom in Person or Representative was present i. e. all Estates and Degrees call themselves his Majesty's Loyal and Faithful Subjects and declare his Majesty to be their only Liege Lord and Sovereign and agnize their constant Faith Obedience and Loyalty to his Majesty and Royal Progeny And I will be so bold as to challenge this Author to shew from any Parliamentary Record that ever the Two Houses claimed or pretended to a Co-ordination with the King in the Legislative Power till the time above mentioned 3. What can be more evident for the Determination of this matter than the Oath of Supremacy by which every Subject is obliged to testify and declare in his Conscience that the Kings Highness is the only Supreme Governour of this Realm and of all other His Highnesses Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temperal as He is Supreme He hath no Superior and as He is only Supreme He can have no equal they that wrest the Supremacy of the King's Government to import only the executive part of Government manifestly subvert the primary Design of the Oath which was to restrain and preserve the King's Subjects from a Submission to the usurped legislative and juridical Authority of the Bishop of Rome So that if the Bishop of Rome pretended to both parts of Government as 't is certain he did and still doth then the Oath directly intends an opposition to both and consequently ascribes the only Supremacy appropriately to the King both respectively to the Legislative and Executive part of the Government Sect. 101. 4. Suppose contrary to all this plain evidence that the legislative Power is lodged between the King and Two Houses of Parliament how will this prove a Superior Authority in them above that in the King Par in Parem non habet potestatem An Equal is no Superior Indeed according to our Authors affirmation here are Two to One which is very great odds if he intended to press to his Service that Maxim Major pars obtinet rationem totius the major part of the Legislators virtually are the whole For this will at the Pleasure of the Two Houses render the Concurrence of the King
chusing and so known to be 2 Sam. 16.12 He was for his personal qualification a Man after Gods own Heart Acts 13.22 and fulfilled all his Wills And in his Government over Israel 't is said that be fed or ruled them according to the Imagrity of his Heart and guided them by the Skilfulness of his Hands Psal 78.72 He Fought their Battles with Victorious Successes against their Enemies and managed all Public Affairs to their best Advantage Yet his Son Absolom being an Ambitious Aspiring Prince taking State upon him by his Magnificent Attendants and Departments easily obtained the Popular Reputation of a Brave Spirited Man and by his familiar Compliances and insinuating Discourses and Harangues to the Common People easily endeared himself to them and soon possessed them with hard thoughts of their King and a Perswasion that if his Father David were deposed and he succeeded him in the Throne they should be more tenderly dealt withal and all their Grievances redressed 2 Sam. 15.1 2 3 4. Oh! That he were a Judge in the Land If the Power of Government were in his hand Public Affairs should be so well Accommodated that there should not be a Grievance to be complained of Which plausible Pretence made such deep Impressions on the Minds and Affections of the Giddy Subjects that almost all the Kingdom of Israel conspired with him to make Head against David 'T is said so strong and spreading was the Conspiracy that the People increased continually with Absolom 2 Sam. 15.12 and a Messenger told David that the Hearts of the Men of Israel were after Absolom v. 13. and David's Danger was so Great that though he were a Man of an undaunted Courage and in a Cittadel of Great Strength and well Garrison'd with Valiant and Experienced Souldiers and had many Loyal and Faithful Subjects about him yet for his own Preservation and the Good of the City of Hierusalem he and all that were with him fled before Absolom and his Conspirators 2. Sam. 15.12 13 14. Sect. 17. And although God was manifestly graciously present with David and brought this Rebellious Insurrection to nothing 2 Sam. 18. and 2 Sam. 19. Yet the Men of Israel having been possessed with an Opinion that 't was lawful for them to take up Arms against their King even whilst the Bitter Effects of their former Rebellion and the Sense of the King's Indulgence and Pardon was fresh in their Minds upon some hot words betwixt the Men of Judah and the Men of Israel Sheba sounds a Trumpet of Rebellion and every Man of Israel went up from David and followed after Sheba in a New Rebellion 2 Sam. 20.12 which suggests to us this Observation That Rebels are not obliged by the Indulgences Pardons and Favours of their Princes against whom they have once made Resistance but those who have been Engaged in a Rebellion against their King how remarkable soever their overthrow was and how much soever the Hand of God was against them are so fatally bewitched with the Charmings of Rebellious Principles and Affections that they readily comply with an opportunity of involving themselves in a New Rebellion A Rebellious Disposition is too stubborn to yield to the Victorious Successes of his Prince Conquest and a Pardon will change the Condition but not the Disposition of a Rebel Yea favours will rather exasperate than extirpate their ungovernable Passions And from this instance 't is likewise manifest That if it be warrantable for Subjects in any case whatsoever to make Resistance against the Higher Powers the most Innocent and Righteous Government may easily be disturbed and destroyed Sect. 18. 3. 'T is against Common Reason That the Higher Powers should in any case and upon any pretence whatsoever be resisted with armed Force because the Jus gladij the Power of Arms the Power of making Peace and War doth properly belong to them only The Apostle tells us Rom. 13.4 that he beareth not the Sword in vain Implying that the Supream Power hath right to the Sword and consequently the Subject cannot take the Sword without Invading and Usurping the Right and Propriety of the King That which is proper to the King is inseperable from him and cannot be communicated to his Subjects 'T is a Great Truth which a Learned Man Asserts That the Power of the Sword is Potissima pars Regis the Chiefest Propriety of the Sovereign Power Devest the King of this and he is rather a Nominal than a Real King For whatever Authority he hath he hath no Power to Defend himself Protect his Subjects or to offend his and their Enemies Sect. 19. Now if the Power of the Sword be only in the King it cannot be lawful for his Subjects upon any pretence whatsoever to wrest it from him and turn the Force of it against him because 't is an Usurpation made upon his Propriety and an assuming to them that in which they have no right Who but the King with us is to appoint Martial Officers He shall make Captains over Thousands and Captains over Fifties and he shall go out before them and Fight their Battles 1 Sam. 8.12 No Man or Men but the Supream and Sovereign Power hath Authority to raise Souldiers Levy War and Fight Battles Whosoever therefore maketh use of the Sword in a military sort without Authority derived from thence deserves to perish by the Sword as our Saviour told Peter upon that occasion Mat. 26.51 I pray who had under the Law the Power of the Trumpet by which the People were alarmed and assembled for War but Moses who was the Supream Ruler of the People And when Jonathan by Sauls command smote the Garrison of the Philistines that was in Geba who blew the Trumpet that is caused it to be blown throughout the Land to call the People together for a general Rendezvouz but King Saul 1 Sam. 13.3 4. Sect. 20. War being the Highest Act of Vindicative Justice as it must not be undertaken without a just Cause and very weighty Reasons and for very good Ends and such too as cannot be obtained without it so neither must it be undertaken and engaged in without good Authority to warrant it And the Supream Authority which hath Power to make and execute Laws being the only Authority that can warrant a War and give Men a Lawful Call to it there cannot be a Lawful Assembling and Confederacy for any War without such a Lawful Call and the King having the only Power of the Sword here with us as the Laws of all Ages declare to us he only can call us to engage our selves in a War and therefore certainly we cannot lawfully resist him upon any pretence whatsoever In the Statute of the 25th of Edw. 3d. it is Declared without the Allowance of any Pretence whatsoever to be Treason for any Man or Men whatsoever to Levy War against our Lord the King or to be Adherent to his Enemies giving them any aid or comfort in the Realm or elsewhere And in
continued without any innovation or alteration hereby made Sect. 36. And answerably we find that Christ was so far from challenging to himself an Exemption from Subjection to any in Authority that upon all occasions he readily submitted to them though he were a King yet he was neither Enemy or Rival to any King in the World for his Kingdom and utterly disclaimed all temporal Jurisdictions as unbecoming his designed Kingdom thus when he fed the People by a Miracle and thereby convinced them that he was the Messiah they expected according to the Prediction in Deut. 18.18 they presuming that he was designed to be the Restorer of the Temporal Kingdom and worldly Prosperity to Israel Acts 1.6 projected to make him their King but he foreseeing it immediately withdrew himself from them to prevent their Intendment and to shew them how much he abhorred it John 6.15 and when he was requested to interpose as a Judge to decide and determine a Controversy betwixt two Brethren he protests against it as a Matter foreign to him Luke 12.13 14. and so in the Case of the Woman taken in Adultery and brought before him to be judged by him Joh. 8.3 he plainly declared by his deportment and silence that they attempted to trouble him with impertinent Matters incongruous to the Person he sustained and when the Pharisees and Herodians very ceremoniously addressed themselves to him thinking by the Art of Wheedling to Complement him to resolve an ensnaring Question saying Matt. 22.16 We know that thou art true tell us what thinkest thou Is it lawful to give Tribute unto Casar After they had shewed him their Tribute-mony and told him whose Image and Superscription it had viz. Caesars which was as evident an Argument of the Sovereignty as Legislation or the Execution thereof he makes no inquiry into the Original of Caesar's Dominion or his manner of administring it or what his Prerogatives and Rights were but peremptorily Commands them to render unto Caesar the Things that are Caesars vers 21. Be he who he will and let him govern how he will he must have what of right belongs to him Rom. 13.7 Render unto all their dues Tribute to whom Tribute Custom to whom Custom and agreeably when a Tex was demanded of him as Tribute due to Caesar indeed some very learned Men think it was Tribute-money paid for the Temple Service vide Hammond and if so I conceive it alters not the Case at all though he might have pleaded from the Dignity of his Person as the Son of God an exemption from all obligation to it yet to prevent in the Officers a scandalous Suspicion that he was disaffected to the Rights of the Authority by which it was demanded He obeyed to the Expence of a Miracle Mat. 17.24 25 26 27. and when he was arraigned and tryed for his Life in the Judgment-Hall before Pontius Pilate he did not only own his Authority but chearfully submitted to his bloody and unrighteous Sentence So that he did at no time upon any provocation whatsoever discover that he had any Commission to change the Constitution of any Civil Government whatsoever or abridge the Rights thereof or set it new Measures of Administration and unsettle it in any of its just Claims and Prerogatives Sect. 37. Indeed as soon as he entered on his Mediatory Office he had by the Donation and Deligation of God the Father an absolute Supremacy and general authoritative Power over all Powers in Heaven and Earth Mar. 11.27 Joh. 3.35 and 5.22 27. Joh. 13.3 and 17.2 though he had not the plenary Possession and Execution of it till after his Resurrection and Ascension Mat. 28.18 Phil. 2.9 10 11. Eph. 1.20 21 22. Psal 3.8 Rev. 11.15 1 Pet. 3.22 Heb. 2.5 6 7 8. Col. 2.10 and which he possesseth and exerciseth with a special respect to subserve the Protection and Salvation of his Church Eph. 1.22 and not to alter the Fundamental Constitution or to abridge and limit the Civil Rights of any Kingdom or State in the World and that special internal and proper Power which he partakes of and exerciseth directly and immediately for the gathering constituting and Government of his Church as such and which he deriveth to those who are to exercise an internal and proper governing Power over it as his commissioned Officers is meerly spiritual and all the Laws of it are enforced only with such Sanctions as are of a spiritual Consideration viz. Such Rewards and Punishments as refer to the Conscience and are apt to govern Mens Souls without laying any restraint on their Bodies or Mulcts on their Estates and therefore can no way interfere with or entrench on the Rights and Prerogatives of a Civil Government Sect. 37. And that discourse which passed betwixt the Lord Jesus and Pontius Pilate when he was arraigned and examined before him is a full evidence that his Kingdom is of a spiritual Nature and to be supported by agreeable means and not to be propugned and defended by the force of Arms you have a large Narrative of it Joh. 18.34 35 36 37. Pilate said to Jesus art thou the King of the Jews vers 33. to which question Christ doth not answer directly but yet makes such an answer as was a sufficient Ground for Pilate to infer that he was a King vers 37. Pilate therefore said to him art thou a King then to which Jesus answered thou sayest that I am a King i. e. thou concludest a right that I am a King I freely acknowledge it and have a Kingdom under my Power wherein my Subjects are to acknowledge my Sovereign Authority to obey my Laws and to depend upon me for Protection and Defence but yet the Potentates of the World had no reason to entertain any jealous Fears least he design to undermine and dissolve or to alter abridge limit or disturb any of the ancient Rights and Customs of their Dominions and Royalties for said he My Kingdom is not of this World vers 36. q.d. my Kingdom hath not such an Original and subsistence as worldly Monarchies have doth not come with Observation as he elsewhere said Luk. 17.19 hath not the Pomp and Splendor of a solemn Court attending it doth not partake of any Civil Authority and Power nor pretend to any Right to vindicate and justify it self by force of Arms but 't is altogether managed in a spiritual Way and protected with spiritual Weapons 2 Cor. 10.4 with the Armor of God and not of Man Eph. 6.11 and therefore Pilate need not fear that his pretensions to a Kingdom would endanger the quiet of the Roman State and Government And for this Christ gives Pilate a very satisfying Reason If my Kingdom saith he were of this World then would my Servants fight that I should not be delivered to the Jews but now is my Kingdom not from hence q. d. my Servants stand so well affected toward me and my Kingdom that if they did pretend a Right to the Power of the
for good And as he is so by the Designation of God so he shall actually and eventually be so to those who submit themselves dutifully and peaceably as becometh good Men and Christians to his Government Pro. 16.12 It is an abomination to Kings to commit wickedness for the Throne is established by righteousness And God doth implicitly say to every King as he did by Abijah to Jeroboam If thou wilt bearken unto all that I the Lord command thee and wilt walk in my ways and do that which is right in my sight to keep my Statutes and Commandments then will I be with thee and build thee a sure House 1 Kings 11.30 31 38. Sect. 94. It cannot be denied but they may pretend an exemption from the obligatory Force and coercive Power of all Laws of their own making but they cannot pretend so respectively to any Laws of God's making and imposing nor from the checks and restraints of their own Reasons and Consciences If therefore they usurp upon the Rights of their innocent and dutiful Subjects and in defiance to their Oaths to God and promisâ—â—y Engagements to their Subjects exercise a destructive or oppressive Power respectively â—o their Persons Proprieties Liberties and Priviledges they cannot reflect on themselves aâ—d illegal excises of Power without tremendous apprehension of the Divine Justice and Vengeance remonstrances upbraiding reproaches and severe censures and condemnation of that Judge which God hath immediately substituted within their own Breasts to pass â—entence in his Name And as it is a fearful thing to fall into the hands of the living God Heb. 10.31 so a wounded Spirit who can bare Pro. 18.14 Surely that Prince will mâ—â—e a very bold adventure who shall usurp an Arbitrary Power that will render his coâ—â—ition so dangerous and troublesome How can he expect to live in Peace and Safety who lives without regard to the Bonds thereof Tyrannizing Adonibezek was Tyrannically dealt withal and forced to acknowledge God's Justice therein Judg. 1.7 As I have done so God hath required me And how terribly did God revenge on Ahab the spilling of Naboth's innocent Blood and the spoiling of his Vineyard 1 King 21.19 and 22.58 and was not insulting Nebuchadnezzar driven from Men and made to eat Grass as Oxen and his Body wetten with the Dew of Heaven till his Hairs were grown like Eagles Feathers and his Nails like Birds Claws Dan. 4.33 and was not persecuting Herod eaten of Worms till be gave up the Ghost Acts 12.23 In a word how can any Prince hope that God will protect him or his Subjects obey him who makes Conscience of discharging his Duty to neither Isa 33.1 Wo to thee that spoilest and wast not spoiled and dealest treacherously and they dealt not treacherously with thee when thou shalt cease to spoil thou shalt be spoiled and when thou shalt make an end to deal treacherously they deal treacherously with thee A fair warning is this to all that are oppressively and treacherously inclined Wherefore though it be not impossible that a Political Prince whose Power is limited in the Administration of his Government should shake off the restraints of his established Laws and refuse to regulate his Power thereby and consequently assume and exercise an absolute and arbitrary Power yet 't is exceedingly improbable that he will do so and by a long Succession of Princes here in England for near two thousand Years having never found it so we have no reason to be disturbed much less distracted with fears concerning it Let the worst be supposed and yet we have relief in Psal 37.5 7. Sect. 95. 4. The States of England who have ever been very tender of the Legal Liberties of their Country and very watchful to prevent all Encroachments of the Prerogative on the Subjects Rights and Proprieties and upon all due occasions have manifested aversation unto and detestation of absolute and arbitrary Power have yet acknowledged and ratified it as a standing Law That 't is not lawful upon any pretence whatsoever to take Arms against the King and that 't is a Traitorous Position That we may take Arms by his Authority against his Person or against them commissionated by him Which to all unprejudiced Men is an unquestionable Argument That the States of England did not believe That 't is not inconsistent with the Nature of a limited Sovereign Power to be uncontroulable and irresistble with armed Force Sect. 96. To enervate this invincible Argument from our Legal Constitution for Non-Resistance a learned Man thus dictates to us That all general Words how large soever are still supposed to have a tacite Exception and Reserve in them if the Matter seems to require it Which being spoken with express reference to the Matter under consideration seems to me an imputation of such Collusion to the venerable States of the Nation as is altogether unworthy of that Character they ought to have in the Reputation of the whole World Let it bâ— supposed that the English Parliaments may warrantably impose Laws for the regulating of the Subjects deportment towards their Sovereign Prince composed in the most comprehensive Words devisable which are yet to be understood according to a legal Intentioâ— with Exceptions and Reservations and there is no doubt to be made that the Subject being left to spell out the equitable Intention of such Laws but they will find out such Eâ—ceptioâ—s and Reservations as shall in effect render all such Laws frivolous to the purpâ—â—â— of the King's Preservation respectively both to his natural and political Capacity And I pâ—â—sume to that this is a Rule of good Accomodation to subserve some Jesuitical Doctriâ—â— and Praâ—â—ices which by all good Men ought to be exploded and condemned This Authoâ—â— Rule of Construction being observed respectively to the Case under consideration the 〈◊〉 Intent of â—â—posing this Declaration That 't is not lawful upon any pretence whatsoever to 〈◊〉 Arms againâ—â— the King c. must be this excepting and reserving some Cases which ought 〈◊〉 be suspected and are too odious to be named Now those Cases which ought not to be suspected and are too odious to be named being no where mentioned or explained in this or any other Act of Parliament 't is evident that 't is left to the Subjects to put what Interpretation thereon they please provided they will affirm that the Prince hath done what they suspected he would not do and that he hath done a Thing very odious and abominable to them and if a Law subject to such an Intepretation become serviceable to the Security of any Prince or Government 't will be beside the Intention of the Imposer and the Matter under consideration in that Act of Parliament is so far from seeming to require such Exceptions and Reservations that they are an evident subversion of the Design of it which was to prevent the taking of Arms against the King upon pretences of the most odious Things imaginable such as is the Vsurping an Arbitrary Power
resisted Ans Although such an Act of Surrender and Alienation would be in its self null because an Act done against the common Right and Interest of the Community and in its self inauthoritative yet being a manifest Protestation that such a Prince refuseth to govern his Subjects he exauctorates himself by it for no Man can be a Governour who refuseth to govern And by alienating of his Kingdom he ipso facto dethrones and enslaves himself and being degraded to the Condition of a private Man and a resistance of him is no resistance of the Sovereign Power And although such reasoning Suppositions as are contain'd in these two last Objections suppose nothing in being but something only in possibility and are rather to be reckoned among Imaginations which Subjects may have than Actions which Princes do yet seditious-minded Men from Suppositions of possible innovating Designs and secret Leagues insinuate and impress on the Subjects Minds such suspicions of their Princes as Sect. 110. Thus I have finished what I designed for the Vindication of my Doctrine from the Objections ordinarily made against it And here I cannot but with great regret and lamentation observe to you that some among us who should preach the Doctrine of bearing the Cross patiently in case of persecution from the Higher Powers seem to endeavour to perswade Subjects to a Submission to them no longer then they are too weak for resistance I know they will take this for a Slander because they are for resistance only when the Persecution is without and against Law But I look on this as a ridiculous Evasion for the Higher Powers have no more Authority to make and execute persecuting Laws than they have to persecute without and against Laws I am sure they are under stronger Obligations to regulate their Government by the Laws of God and Nature than by the positive Laws of their Country and if the Supremacy of their Power will exempt from resistance notwithstanding their governing Administrations be a Violation of the former 't will do so too if violations of the latter also because God that restrains from resistance in the former Case doth not allow or permit it in the latter for most assuredly God is as much for the Observation of the Laws of his own making as he is for the Observation of any Laws of Mens making and will have us much more tenderly to resent a Defiance to the Authority of his Laws than a Defiance to the Authority of human Laws because of a wiser and more righteous Contrivance and more excellent and useful in order to our Safety and Happiness Sect. 111. If we must not resist the Higher Powers then we must submit to them and obey them They misunderstand the Apostle Paul saith Mr. Baxter that think by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is meant only violent Resisters meer Disobedience may make a Man a Resister in the Apostles Sense it is Anti-subjection or breaking out of the Rank of Subjects which the Text forbids and he that unwarrantably disobeyeth may do that though he forcibly resist not And in truth that Supremacy of Power which God hath ordained to be inherent in some above others will be vain to the Purposes of Government if it be not owned and acknowledged in a practical Submission and active Obedience Passive Obedience or a quiet Submission to a Penalty inflicted supposeth the Failure of Active Obedience either really due or challenged as due and ever implieth a Faultiness in the Sufferer or in the Inflicter thereof an offending Subject or a persecuting Magistrate and is never undergone by an innocent Man but when the Sovereign cannot be obeyed unless God be dishonoured and then only is properly denominated Obedience in a divine Construction when the Penalty suffered is not deserved and the divine Authority is preferred before the abused Authority of Man The primary End of all Laws is for the Regulation of our Actions and Manners either to restrain us from disorders and doing what is evil or to direct us to promote and do what is good and therefore the Law cannot be satisfied and fulfilled without an active Compliance and Obedience The Sanction of Laws with the Threatnings of Penalties is but a subordinate Means to this end and the Law-giver is then best pleased when the Fear thereof prevents the hurt as he intended it should do To conceit that we have discharged our Duties to our Superiors because we have peaceably submitted our selves to those Penalties are allotted to the Transgressors of their Laws is to think that Devils and damned Spirits who are despisers of God's Laws do perform their Duties to God because they suffer for their offences according to their deserts We cannot therefore approve our selves to God or Man without an active Obedience to the Higher Powers in all things which their Authority warrants them to require from us The Church of England's Doctrine of Non-Resistance Justified and Vindicated c. Rom. 13.2 And they that resist shall receive to themselves damnation THE next Doctrine to be discoursed is as plainly expressed as the former is implied in the Text and 't is this They that resist the Higher Powers bring themselves under the Guilt of eternal Damnation As they that obey the Gospel Precepts shall be saved Heb. 5.9 So they that disobey them shall be damned 2 Thes 1.8 9. Now as the Evangelical Doctrine exacts Subjection to the Higher Powers so it forbids Resistance and therefore all rebellious Resisters of them deserve to be damned and without repentance shall eventually and actually be damned Sect. 112 Some Men have labour'd hard to restrain the Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 translated Damnation to a temporal Mulet or Punishment from the Magistrate only as if Resistance were only a dangerous Incentive to the Magistrate and no hazardous provocation to God at all By their Doctrine if a Rebel be strong enough he is safe enough Or if he escape apprehension and legal execution by flight or any other way of prevention he may bless himself in Peace If the Terrors of the Magistrate seize him not the Terrors of the Lord shall not reach him but if resistance of the Higher Powers be a Resistance of the Ordinance of God and a Contempt of the Authority of God as well as of Man why should not God be offended as well as the Magistrate and the Offender stand guilty of Damnation before the Tribunal of God as well as before the Tribunal of Man 'T is not often that Rebellions are prosperous and successful and therefore the Church of England exhorts us in her Sermon against willful Rebellion in Part the Fourth saying Turn over and read the Histories of all Nations look ever the Chronicles of our own Country call to mind so many Rebellions of old time and some yet fresh in memory ye shall not find that God ever prospered any Rebellion against their natural and lawful Prince but contrariwise that the Rebels were overthrown and slain and such
as were taken prisoners dreadfully executed which is seconded by that Oracle of our Laws Sir Edw. Coke Lord Chief Justice in the 3d. p. of his Institutes find a Principle in Law a Rule in Reason and a Trial in Experience that Treason doth ever produce fatal and final destruction to the Offender and never attaineth to the desired End two Incidents inseparable thereunto and therefore let all Men abandon it as the most poisonous Bait of the Devil of Hell and follow the Precept in Holy Scripture Fear God Honour the King and have no Company with the Seditious or at we translate it Meddle not with them that are given to change Prov. 24.21 Sect. 113. But suppose the Rebellion be prosperous and successful that the Rebels be Victors and instead of being drawn to the deserved Gibbet they usurp the Throne and arraign the Sovereign Powers as Criminals before their Tribunal and pronounce and execute that ugly Sentence on them they themselves have merited will they be as free from guilt before God as they will presume themselves secured from the Vengeance of Man No surely they are hainous Sinners against God and shall be punished with an everlasting destruction from the Presence of the Lord for resisting the Powers ordained by him and this is the Apostolical Doctrine professed by the Church of England who thus concludes the first Part of her Homily or Sermon of Obedience to Rulers with reference to my Text. Here let us learn of St. Paul the chosen Vessel of God that all Persons having Souls he excepteth none nor exempteth none neither Priest Apostle nor Prophet saith St. Chrysostome do owe bounden Duty and even in Conscience Obedience Submission and Subjection to the Higher Powers which be set in Authority by God forasmuch as they be God's Lieutenants God's Presidents God's Officers God's Commissioners God's Judges ordain'd of God himself of whom only they have all their Power and all their Authority and the same St. Paul threatneth no less pain than everlasting damnation to all disobedient Persons against all Resisters against this general and common Authority forasmuch as they resist not Man but God not Man's Device and Invention but God's Wisdom God's Order Power and Authority Sect. 114. That this truth may the more evidently appear I will represent unto you 1. The Sinfulness of resisting the Higher Powers with armed Force 2. The Grounds upon which the Decree and Ordination of God to condemn rebellious Resisters to an everlasting destruction is founded 1. That the Sinfulness of Rebellious Resistance against the Higher Powers may the more evidently appear it shall be considered both more generally as 't is directly opposed to Subjection and more particularly as it includes those â—vils which are necessarily antecedent and dispositive to it concomitants with it effects and consequential attendants of it Sect. 115. 1. We will consider the sinfulness of a Rebellious Resisting of the higher Powers more generally as 't is directly opposed in the Text to Subjection in the former Verse As Subjection is a Practical acknowledgment of our Allegiance and bounden Duty to the higher Powers so a violent Resistance of them is a practical disclaiming and renouncing of Submission and Obedience to them and consequently a Defiance made to that Power which is God's Ordinance and a contemning of the Authority of God himself Apostolus cujusque est ut quisque every ones Officer is himself say the Jews Disobedience to the Authority and Resistance against the Person of the Sovereign Ruler or those Commissioned by him who are God's Ministers and Deputy Gods is Disobedience and Resistance against God himself And accordingly Moses told Korah and his Confederates who associated themselves in opposition to Aaron as an Usurper that encroached on the Rights Liberties and Priviledges of the Lord's People that he and all his Company were gathered together against the Lord Numb 16.11 their Conspiracy and Rebellion against the Lord's Officer was against the Lord himself because he acted not in his own name and upon his own account but in God's name and for God's service And elsewhere told them that when they murmured against him and Aaron your murmurings are not against us i. e. only but against the Lord Ex. 16.8 i. e. principally and especially So God himself said to Samuel when the People stubbornly resolved upon another manner of Government than that he had exercised over them as to the external Pomp Grandeur and Succession thereof they have not rejected thee but they have rejected me that I should not Reign over them 1 Sam. 8.7 which is also the Case of all Christ's Ministers as Christ himself assured them Luke 10.16 He that heareth you heareth me and he that despiseth you despiseth me and he that despiseth me despiseth him that sent me And elsewhere Jo. 13.20 He that receiveth whomsoever I send receiveth me and he that receiveth me receiveth him that sent me So that the Officers of God and his Christ are as God and Christ themselves presentiate or represent them exercise not their own but their Authority and therefore the Despisers and Resisters thereof are Despisers and Resisters of the Persons and Authority of God the Father and Jesus Christ the Son And as Moses said to the Oppugnors of Aaron and what is Aaron So say I to the Resisters of the King and what is the King hath not God said that Kings are Gods Psal 82.1 6 And Reign by him Pr. 8.15 or as our Apostle stiles them twice in one Verse after the Text v. 4. they are the Ministers of God his Vice Roys Commissioned to attend his Work continually and God standeth and ruleth by them and judgeth with them Psal 82.1 He therefore that resisteth and fighteth against the King resisteth and fighteth against God himself Acts 5.39 for the Authority and Power of the King is the Authority and Power of God himself and consequently he who rejecteth and deposeth the King doth constructively reject and depose God himself because his Authority not only abstractly in its self but also concretly as inherent in his own Person and executed by him is of God too For as there is no Power or Authority but of God so the Powers the Persons in Authority that be are ordain'd of God whether they are good or bad Sect. 116. 'T is not therefore strange at all that Samuel compares Rebellion to the sin of Witch-craft and affirms it to be such a stubbornness for stubbornness is exegetical of Rebellion as is iniquity and Idolatry 1 Sam. 15.23 Rebellion is as the Sin of Witch-craft and stubbornness is as iniquity and Idolatry Indeed the Rebellion here spoken of was a Matter of Disobedience committed immediately against God himself but yet I conceive very applicable to that committed also immediately against the King because the Authority of the King and of God himself is the self same thing and the formal Reason of Subjection to the one and the other the very same viz. for conscience-sake that
THE Church of England's DOCTRINE OF Non-Resistance JUSTIFIED and VINDICATED as truly Rational and Christian AND THE Damnable Nature OF Rebellious Resistance REPRESENTED By LEWES SHARP Rector of Morton-Hampstead in Devon Take this for a general Rule That the immortal Policy of a State cannot admit of any Law of Priviledge whatsoever but in some particular or other the same is necessarily broken Sir Walt. Rawleigh LONDON Printed and are to be sold by Randal Taylor near Stationers-Hall MDCXCI FOR Subjects to bear Arms against their Kings Offensive or Defensive upon any Pretence whatsoever is at the least to resist the Powers which are ordained of God And though they do not invade but only resist St. Paul tells them They shall receive to themselves Damnation and the same Constitution and Canon requires all Arch-bishops Bishops and all other inferiour Priests and Ministers that they preach teach and exhort their People to obey honor and serve their King and that they presume not to speak of His Majesty's Power in any other Way than in this Canon is expressed Which Canon the Church ordained and decreed That every Parson Vicar Curate or Preacher upon some one Sunday in every quarter of the Year at Morning Prayer shall in the Place where he serves treatably and audibly read Const Canon Eccles made in 16 Ch. 1. 1640. Can. 1. To their most Excellent MAJESTIES Dread Sovereigns ALthough the greatest Princes with their dependant Governments and Interests are exposed to change yet Truth is not This stands on such a firm Basis that that which was once Truth whether in Rome Geneva or England is still so and will be so for ever And therefore how propitious and indulgent soever the publick Revolution of Affairs may prove to the corrupt Lusts and Interests of Men seditiously minded the Truth will always be their Adversary and bid defiance to them and such is the mighty and irresistible force thereof that it will eventually conquer and triumph over all their Sophistical reasonings and enthrone it self in their Judgments and Consciences for Conversion or Confusion That Catholick Doctrine which is asserted and contended for in these Papers hath been is and will be for a Crown of rejoycing to the Church of England whose Religion being constituted of a stedfast Allegiance to her Princes as well as a constant Devotion to her God it cannot be disclaimed and renounced without a plain Apostacy from her Communion which is matter of abhorrence to all good Christians and yet such is the boldness I had almost said Impudence of some bigotted pirking Fanaticks that for many Months together they have attempted with great diligence to ridicule and expose it to scorn and contempt and one of them having mounted and settled himself in the Seat of the Scornful made it part of his Morning Exercise to insinuate amongst other sediticus Things That the Preaching thereof is one of those national Sins we are to repent of in expectation of national Mercies because a Doctrine designed to enslave the Nation Slavery with them being an equivalent to a restraint from the Liberty of an armed Resistance of their Prince when they shall judge it necessary and themselves well prepared for it Indeed another of them for part of his Morning Exercise assumes the Confidence to publish to the World That they are misrepresented when reported as Enemies to Monarchy because they have given assurance by Oath of their Allegiance to it but if the one be fit to be an Interpreter to the other as no doubt but he is they being of the same Confederacy and bound up in the same bundle together their Allegiance is only during pleasure which they will term so long as your Majesties Behaviours and Administrations are such as they should be that is such as they shall well like and approve of The naked Truth is this their Friendship and Fidelity to your Majesties Persons and Goverments is only founded on what they apprehend to be beneficence to their private Opinions and consequent Affections and Interests for the Proof of which their Deportments under the late Administrations of publick Affairs is an evidence even to a Demonstration their factious Designs and Practices being the sole Standards and Measures of what they repute good and evil all publick Administrations are Objects of their election or reprobation agreeably to that subserviency or contrariety they bear to them So that if you serve them they will serve you but if you oppose and suppress them they will oppose and suppress you if they can Wherefore if your Majesties will be secured from their rebellious Insurrections against your Government you must let them do always that which is right in their own eyes and never displease them Abrogate the Act of Vniformity and the Tests Renounce Supremacy in Causes Ecclesiastical and extirpate Prelacy as well as Popery the continuation of all which with them are national Sins raise up and set on foot the solemn League and Covenant 〈…〉 and bring the Episcopal Clergy to such a Temper that they may pass for Men tollerable in the Church and if no body anger them they will be very quiet But Your Majesties must remember that they are Abhorrors of the Doctrine of Non-Resistance as well as of the Act of Vniformity the Sacramental Test Episcopacy Liturgy and Supremacy in Ecclesiastical Causes and therefore must keep your selves in the posture of Gladiators for if the publick Administrations chance to be oppressive in their Apprehensions and Judgments to their natural civil or spiritual Rights and Priviledges with which they are more richly stored than their Neighbours they will be your Subjects no longer than they are strong enough to be your Masters and the Deposition of your Majesties in order to the Exaltation of their own Discipline which they will call the Scepter of Jesus Christ shall be reputed a Mercy as considerable as a Fifth of November's Deliverance It can be no matter of wonder to your Majesties that those Men who will still have this lain down for a Principle That in all the Disputes between Power and Liberty Power must be proved but Liberty proves it self the one being founded only on positive Law and the other upon the Law of Nature that they caution your Subjects against examining the Matter of Regal Power by the Scriptures for if we are resolved to stick to them as the Rules of our belief and practice in this case we shall find the Power of Kings founded on another Bottom and Constitution than that these Men have invented and commended to the World for the Scriptures do assure us That not only those who reigned over God's own peculiar People did Reign immediately from and by him Acts 7.35 Numb 27.16 18. Judg. 2.16 1 Sam. 10.1 Prov. 8.15 but also that all other Kings are as truly and certainly of his Ordination and Constitution as they were and owe their Authority and Kingdoms immediately to him and not to their Subjects Jer. 27.5 6 7. Isa
of its Administration may be determined and limited and the Individual Person or Persons Family or Families who shall be the Subjects Recipients of governing Authority and Power may be designed and nominated by the Interposition and Consent of the whole Community over which they preside and rule yet their Authority and Power is originally and immediately from God alone 't is here as in the Case of Marriage the Authority and Power of the Man over the Woman is originally and immediately from God but the determination of the particular Person who shall be this or that Womans Husband proceeds from the free Election and Consent of the Woman and although by a Pre-contract she may limit the Exercise of his Authority and Power respectively to her Estate and Proprieties yet she annot bound his Matrimonial Authority and Power over her Person nor will his abuse hereof be a Forfeiture of it to her And the Supreme Authority and Power with which all Sovereign Princes and States are invested being originally and immediately from God â—â—one and not communicated and derived at all from the Community there can be no â—â—rfeiture made by any male-Administration to the Community be the Contracts reâ—â—ectively to its kind of existence and manner of its exercise what they will what as not gotten by Vertue is not loseable by Vice nor can it by any abuse whatever escheat to the Power and Disposal of the Community they cannot take â—â—ay that which they did not give 't was therefore well said by Tacitus Principi sumâ—um rerum arbitrium dii dederunt subditis obsequii gloria relicta est God hath invested the â—â—ince with Sovereign Power leaving to Subjects the Glory of Obedience To the same purpose is at of Salust impunè quid vis facere hoc est regem esse He that will do a thing without fear 〈◊〉 Punishment he acts the part of a King For as Mark Anthony urged in Herod's case If he 〈◊〉 accountable for what he hath done as a King he could not be a King And the Reason is â—â—ause the Supreme Power is only under God and to be accounted for to him alone And â—â—all endeavour agreeably hereunto to prove to you That the Doctrine of Non-Resistance of Supreme Powers is founded on immutable Grounds of Reason and Religion And when there is â—â—inty of the Bond of Obedience to the Higher Powers from the Principles of Reason and Religion from the Necessities of common Equity and Order and the Interest of Conscience and Christian Duty there must needs be a very strong Obligation which is the Case of Non-Resistance against the Higher Powers as by Law established among us Sect. 11. 1. I will endeavour to evince that the Allowance of Liberty to Subjects to resist the Sovereign Power is against the Principles of Common Reason and that in divers Particulars 1. 'T is against Common Reason That the Higher Powers should be resisted by armed Force of Inferiours and Subjects because the Allowance of such a Thing would render all setled Government impracticable and indeed impossible and consequently destroy all the Means devisable for Administring Public Justice securing Private and Public Rights and Properties and preserving the Peace and Prosperity of all Human Societies The Primary End of all Government is to procure and preserve the Peace of Human Societies and where this cannot be sufficiently provided for the Government is null'd and destroyed which is the Case under consideration For if it be allowable for Subjects in any case and upon any pretence whatsoever to resist the Sovereign Powers with armed Force then it follows that they have a right to judge in what cases 't is fit for them to submit and in what cases 't is fit and lawful for them to resist and then the Subjects are the Supream Judges of the Government and their Governours which undeniably implies that the Subjects are bound to Subjection only so long as they themselves think fit and consequently may claim and exercise Authority and Judicature over their Governors and pass Judgment upon them and their Government whensoever they shall think it needful or requisite so to do And being to judge for themselves 't is very probable they will judge favourably for themselves And whereever the Supremacy of Judgment resides there is the Sovereign Authority and Power wherefore if the Higher Powers may be judged by their Subjects they are not Supream but Subordinate and Rule meerly precariously even so long and no longer than their Superiour Judges will give them leave so to do And when Men are in effect Subject to no Authority and Power but that of their own Judgments and Wills a Foundation is laid for a General and Great Confusion Where all will be Sovereigns who shall be the Subjects Where all are to command there are none to obey Let us allow Men Liberty to judge for themselves when 't is fit they should be subject to the Higher Powers and when 't is not and they may at Pleasure dissolve any Government in the World There is therefore no one Law so beneficial to the Subject as this Fundamental Law of Sovereignity That 't is unresistible and unaccountable for its determinations and from which there is no appeal For though a Society may be Governed by Mutual Consent and Agreement yet let Sovereign Authority and Power be lodged in one or many Persons it must be absolute and uncontroulable or else those Differences and Controversies which arise in that Society can never be decided and finally determined And whatever unthinking Men may fancy the Security of the Public Government from the Resistance of its Subjects is the best Security of every Mans Liberty Property and Safety Sect. 12. Let the Public Government be once Invaded and Confronted by the Open Resistance and Defiance of its Subjects and we are unavoidably and immediately in a State of War and then no Man hath any thing he can call his own and all the Admistrations of Justice are stopped and in truth all Laws lay dead and are ineffective to the Purposes of Government Wherefore if we set aside all regard to Duty and Honesty and do but consider our own interest quiet and safety we shall find Submission to the worst Government more for the Ease and Security of the Subject than Rebellion and War Let any Man of Common Ingenuity and Sense consider if a State of War be not the most defenceless and deplorable condition in the World for in such a Case no Mans Private Interest can be secured against the Injuries and Violences of other Men and when a Man hath lost his Proprieties and Safety what hath he more to lose And yet this is the Case when Men endeavour to shake off Submission to the Higher Powers by a Forcible Resistance of them they pull down all those inclosures by which their own Quiet Propriety and Safety were defended and protected Sect. 13. Let the Men of Politicks who pretend very highly to a Zeal for the
the Statute of the 13th of Ch. 2d 't is in General Terms Declared Treason to Levy War against the King within the Realm or without And to cut off all Pretences from the Grounds or Nature of the War as Defensive only or as engaged in from the Authority of a Parliament or of the Lords and Commons we have in two several Statutes this Declaration That both or either Houses of Parliament cannot nor lawfully may raise or Levy any War offensive or defensive against the King his lawful Heirs and Successors In which Statutes also the sole Supream Command and Government of the Militia is Declared to be by the Fundamental Law of England ever the undoubted Right of the King And where could it be better placed for the Subjects Interest than in their Sovereign Prince and Supream Governour Sect. 21. There must be in one or other either in some single Person or some Community of Men a Supream and Chief Authority which hath the Principal and Highest Command of the Strength and Military Force of the Nation or else the Military Power will be under no command and consequently the Subjects will not know whom to obey with respect to War and Peace nor no Arms regularly used for the Suppression of Intestine Rebels or the Resistance of Foreign Enemies And who so fit to possess and execute such a Supremacy of Government as the King whose Interest as well as Duty obligeth him to preserve the Persons Estates Rights and Liberties of his People And this Authority by our Original Constitution being seated in the King and by subsequent acts of the Legislative Power Declared to be solely in him it cannot be lawful in any case to resist him because he cannot I say be resisted by an armed Force without Invading the Power of the Sword in which we have no Right and therefore cannot use it against him without the Guilt of Rebellion Sect. 22. 4. 'T is against common Reason that the Higher Powers should in any case and upon any Pretence whatsoever be resisted because all Resistance from Subjects against the Higher Powers is utterly inconsistent with their Relation and Condition for they that resist are not Subject 'T is contradictio in adjecto a meer Solecism to affirm That the Highest Power may lawfully be resisted because the Highest Power cannot have a Superiour and that which hath no Superiour cannot have a Superiour Power exercised over it Where ever there is a Supremacy it is inseperable from a Right to impunity and universally exempts from coercion and correction Where a King then is not obeyed his Majesty is lost He hath not a Principality but an Inferiority in his Country Resistance is coercive and punitive and implies a Superiority For he which resists assaults to controul counteracts to countermand opposeth the Will of his Sovereign to impose upon him his own and consequently starts from the Condition of a Subject and sets himself up in the Throne of Sovereignty Where we acknowgledge a Sovereign Authority there we yeild Subjection and Obedience from the one flows the other as an effect from the Cause but where we resist a Power we disclaim and renounce the Sovereignity of it for we resist it that we may not be under but above it They that resist the King will not be his Subjects but his Superiours will not receive Laws from him but give Laws to him reject his Rod and snatch away his Scepter will not act as Subordinate Instruments but as Principal Agents in the Administration of the Government Sect. 23. But what saith the Prophet Shall the Axe boast it self against him that heweth it Or shall the Saw exalt it self against him that moveth it Isa 10.15 So 't is as absurd and unreasonable that Subjects who are inferiour and ought to be subservient unto the higher Powers should assume to themselves Power to resist them They have a Power and fitness to act in their proper Places in an orderly way of dependency and subserviency to the Sovereign Power but if they resist the Sovereign Power they leave their proper rank and station and will not be where they ought but where they should not be And I am sure God being the God of Order and not of Confusion cannot approve or allow that we should Desert our own proper Places to thrust our selves into anothers We must abide in our proper Seatings and not go up higher and take the Place of our Betters As there is no Power but of God so there is no Power but is Gods and the Subordination of Subjects to their Sovereign being of Divine Ordination the Subordination is to God himself and therefore Subjects are not only obliged quietly to abide under the Predominant Force and Strength of their Sovereign but likewise to make a Voluntary Resignation of themselves their Understandings Wills Powers and Interests to his directive Wisdom and preceptive Will actively obeying what he justly imposeth or passively enduring what he inflicts for Disobedience So that the Allowance of Liberty to Subjects in any case whatsoever to resist their Sovereign is a plain contradiction to the Moral Relation of Subjects to their Sovereign and equally as absurd in the Moral Order of Things as 't is in the Natural and Local Order of Things for the Feet to ascend above the Head Sect. 24. When therefore some learned Men affirm that the King is Major singulis greater than any of his Subjects singly considered but Minor universis less than the whole Body of them collectively considered unless they understand it respectively to the Safety and Welfare of the Community to which the King belongs as a Part and not respectively to the Governing Power thereof 't is false and unreasonable For though the Preservation and Safety of the Community be the Supream Law yet 't is of the Community concretively and not discretively considered the Governing Part as well as the Governed Part is comprehended therein the Preservation and Safety of the one being concatenated unto and included in the other 'T is true every Community considered simply and antecedently to the Constitution of a Government therein is warranted and authorized by the Natural and Positive Law of God to Design and Nominate some particular Person or Persons to be the Rulers and Governours thereof but this is not the Communicating of any Authority or Power that was inherent in themselves before but only the Condition of the Applicatition of that Authority and Power which God as the Fountain and Efficient Cause deriveth to be exercised subordinately to himself by one Man over another And therefore supposing a Community setled under a constituted Government whether we consider the governed Members thereof divisim or conjunctim singly and a part or united and altogether they are one and all equally Subjects and altogether as well as asunder obliged to Subjection and Obedience and accordingly the higher Powers are over Kingdoms and Nations and not meerly over particular Persons Saul was called the Head of
the Tribes of Israel 1 Sam. 15.17 and so successively all that were anointed Kings were Kings over Israel and not only over this and that and the other Israelite And our Laws have ever accounted the King post Deum secundus next to God and solo Deo minor less only than God in his Dominions and vicarius Dei Gods Vice-gerent and not the Peoples Vicar-general And the Oath of Supremacy is designed to agnize the King's Highness to be the only Supream Governour of this Realm And if be be Supream he is subordinate to no Person or Body Politick whatsoever if only Supream he hath no equal or coordinate Authority with his if Governour of this Realm he is over all collectively or representatively considered as well as over particular Families or individual Persons And in the Statute of 24 Hen. 8. ch 12. 't is acknowledged That by divers old Authentick Histories and Chronicles it is manifestly declared that this Realm of England is an Empire and so hath been accepted in the World Governed by one Supream Head and King baving the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of People divided into Terms and by Names of Spirituality and Temporality being bounden and owing next to God a Natural and humble Obedience he being instituted and furnished by the goodness and sufferance of Almighty God with plenary whole and entire Power Preheminence and Authority c. Here 't is declared that the Body Politick compact of all sorts and degrees of People do owe unto the one Supream Head and King next to God a Natural and humble Obedience And this Plenary Power of his is not derived and entrusted from the People but is instituted and furnished by the goodness and sufferance of Almighty God And answerably when both Houses of Parliament Address themselves 't is not in a Form implying either Superiority or Equality but as humble Petitioners Faithful and Obedient Subjects e. g. in Stat. of Elizabeth 30. we most humbly beseech your most Excellent Majesty your Faithful and Obedient Subjects the Lords Spiritual and Temporal and Commons Assembled in Parliament Or thus we your Majesties loving faithful and obedient Subjects representing your three Estates of your Realm of England c. except we should overmuch forget our Duties to your Highness c. do most humbly beseech c. a plain indication that their Parliamentary Authority is not Imperial or Royal but consultive and approbative And by what Chymical Art or Politick Fetch any Man can from hence infer a real Sovereignty or Majesty lodged in some essential Body of Men in contradistinction to the Personal Sovereignty and Majesty of the King which is superiour to that lodged in and exercised by the King and may as opportunity offers warantably resist and evacate it is past my understanding to imagin Sect. 25. I shall conclude this Branch of my Discourse with this request to you I pray consider to what purpose are all those Ornaments of State with which the Wisdom of our Ancestors have invested the Regal Dignity if the Persons that partake of them cannot prorect themselves against the Assaults and Outrages of their Subjects but may be deposed and have a writ of ease served upon them when they think fit to judge the Power entrusted with them forfeited and to revoke it If a Crown cannot secure the Princes Head that wears it nor the Throne he sits on mount him above force and compulsion nor his Scepter awe the seditious and turbulent they are meer pageantries and pompous ostentations of Vanity and have nothing of real magnificence and usefulness in them But as delight is not seemly for a Fool so much less is it seemly for a Servant or a Subject to Rule over Princes Pro. 19.10 which concludes my Argument against the Resistance of Sovereign Princes drawn from the Principles of common Reason Sect. 26. 2. The next thing to be evinced to you is That 't is against the Principles of Religion as well as of Reason to allow Liberty to Subjects to resist the Sovereign Powers with armed Force in any case and upon any pretence whatsoever And that I may do it the more satisfactorily I will shew you both from the Jewish and Christian Constitution that 't is unlawful for Subjects to resist the Supream Powers with armed Force 1. I shall begin with some Reflections on the Jewish Constitution I find that some very learned Men have thought That in some Cafes 't was lawful under the Jewish State to take Arms against the Sovereign Power who notwithstanding affirm'd that 't is utterly unlawful for Subjects so to do under the Christian Constitution Christians being restrained by the peculiar Precepts of the Gospel from that liberty the Law in that case allowed But so far as I can judge this is an indefenceable Opinion for the Christian Constitution doth not introduce a New Foundation of Civil Policy and common Rights nor establish any new Prohibitions for the Defence of just Rights by a lawful Authority And therefore I conclude 't was unlawful for all Subjects under the Old Testament Dispensation to resist the Higher Powers as well as under the New Sect. 27. From Moses to Saul the Government of the Jews was a Theocracy that is God himself was their Supreme Lord and King and immediately exercised a ruling Power over them by Persons of his own Election and Constitution who in all cases of difficulty had immediate recourse to God for direction and accordingly when they grew weary of Samuel's Government who was thus appointed over them they are said to reject God himself 1 Sam. 8.7 and 1 Sam. 10.19 and therefore in all that time the Resistance of the Supreme Power was a Resistance of God himself the only Difficulty then is How the Case stood after Saul was invested with the Kingly Government of that People whether that Sovereign irresistible and unaccountable Authority and Power which was formerly subjected in and exercised by Moses and Aaron and the succeeding Judges and High Priests was translated to them who afterwards were possessed of and exercised the Kingly Authority and Power Sect. 28. For the right Understanding of which we are to consult what God commanded Samuel in his Name to protest to the People of Israel concerning the Kingly Office and Power of which we have an account in 1 Sam. 8.9 to 18. in vers 11. This will be the manner Mishpat the Right say some of the King that shall reign over you He shall take your Sons and appoint them for himself for his Chariots and to be his Horsemen and some shall run before his Chariots And he will take your Daughters to be Confectionaries Cooks and Bakers and he will take your Fields and your Vineyards and your Olive yards even the best of them and give them to his Servants and he shall take your Men Servants and your Maid Servants and ye shall he
Constitution which is not chargeable with weakness or wickedness because the Contrivance and Establishment of the most wise and righteous Lord of Heaven and Earth and if God doth not make the best Provision for the Rights Safety and Peace of all Men who willeth the Salvation of them all who will or can Sect. 33. And as it is evident from the instance of Saul that the Abuse of the Regal Power in male-Administration and Tyrannical Usages of the best the most innocent and serviceable Subjects is no forfeiture thereof nor warranty for the Subjects to resist with armed Force and depose their Sovereign so we shall find in the succeeding Generations after the Translation of the Regal Dignity from Saul's to David's Family that how much soever the Regal Power was abused either respectively to Civil or Religious Matters and how much soever God was provoked thereby there was no Tiberty granted or allowed for Resistance or endeavours for a Reformation of corruption in the King or his Officers I shall instance in Solomon and compare his duty with his practice You have the Kings duty described Deut. 17.16 17 18 19. He shall not multiply Horses to himself nor cause the People to return to Egypt to the end that he should multiply Horses forasinuch as the Lord hath said unto you ye shall henceforth return no more that way Neither shall he multiply Wives to himself that his Heart turn not away neither shall he greatly multiply to himself Silver and Gold And it shall be when be sitteth on the Throne of his Kingdom that he shall write him a Copy of his Law in a Book and he shall read therein all the Days of his Life that he learn to fear the Lord his God c. Let us now take a View of Solomons Practice and we shall find that he acted as if he had been under no such restraints and limitations He sent into Egypt for Horses 1 Kings 10.28 He loved strange Women together with the Daughter of Pharoah Women of the Moabites Ammonites Edomites Zidonians Hittites And he had Seven Hundred Wives Princesses and Three Hundred Concubines and his Wives turned away his Heart 1 Kings 11.1 and 2. that is after other Gods v. 4. and seven hundred Wives that were Princesses and three hundred Concubines with their respective Idol Gods could not be supported and maintained in a State of Magnificence at a cheap rate and therefore he made Silver to be in Jerusalem as Stones 1 Kings 10.27 and he had so many Vessels of Gold that their abundance made Gold to be nothing accounted of in his days v. 21. which great Treasure was probably obtained either by heavy exactions from or the great hazards of his Subjects And yet here was no suggestion that there was a justifiable occasion for his Subjects to Rebel and set up another King Indeed God threatned to rend his Kingdom from him because he had not observed the direction of the standing Law of his Kingdom but his Subjects had no Authority to controul or punish him Sect. 34. Yea you shall find that when the Jews were a Conquered People and carried away Captive into Babylon God obliged them to submit to the Sovereign Power thereof Jer. 29.7 seek the Peace of the City whither I have caused you to be carried away Captive for in the Peace thereof ye shall have Peace And in obedience to this command Mordecai discovered the Traitorous Conspiracy of Bigthana and Terish the King's Chamberlains against the King Ahasuerus Esth 2.21 22 23. compt With ch 6.2 and though they were reduced to as great an extremity as ever a People under Heaven were by a Decree obtained by Haman from Ahasuerus to destroy to kill and to cause to perish all Jews both young and old little Children and Women in one day Esth 3.13 and they were a very numerous People and could have made a considerable Defence yet Mordecai durst not think of using armed Force but resolved upon Passive Obedience unless they could obtain a Decree from the King to defend themselves The King's Decree by the Fundamental Constitution of the Medes and Persians was not reversible but must be executed Esth 8.8 Esthers Petition therefore to have the King's Letters devised by Haman to destroy the Jews reversed could not be granted Esth 8.5 but the King grants her a Decree that the Jews which were in every City might gather themselves together and stand for their Life to destroy to slay and to cause to perish all the Power of the People and Province that would assault them Esth 8.11 and being favoured with this liberty of Self-defence the Jews gathered themselves together in their Cities to lay hand on such as sought their hurt and no Man could withstand them for the Fear of them fell upon all the People Esth 9.2 and vers 16. they had rest from their Enemies and slew of their Foes seventy and five thousand And if they who were Captives of War and so well able to defend themselves from the Execution of such an inhuman bloody and undeserved a Decree to destroy them root and branch durst not defend themselves by force of Arms against Regal Power nor those thereby commissioned without liberty and allowance therefrom first granted and obtained what shall we think of those Men by what Spirit are they guided and acted who only from some particular personal or Family-grievances and some public Inconveniences and perhaps Mischiefs betake themselves to armed Force to Resist and Depose their lawful and natural Prince Sect. 35. 2. Having thus proved it utterly unlawful under the Jewish Constitution upon any pretence whatsoever to resist the Higher Powers I shall now likewise as evidently discover the unlawfulness thereof under the Christian Constitution When our Saviour first entered on his Ministerial Office the first Thing he did was to declare the Approach of a New Kingdom and the next to instruct his Disciples That this Kingdom was no Kingdom of this World for 't is said when Jesus began to preach he said Repent for the Kingdom of Heaven is at hand Mat. 4.17 i. e. By an usual Hebraism an heavenly Kingdom and so called in opposition to earthly Kingdoms implying that this Kingdom which the God of Heaven was by him now setting up and which was never to be destroyed as Daniel had prophesied Ch. 2.44 Was not a Kingdom of this World was not to be founded supported and propagated by the Assumption and Exercise of any Civil temporal Power but was to be introduced and established from the Strength and Power of divine Truth and its own goodness without the help of any Civil Power or worldly Interest being altogether different in its Nature and Constitution and in its design and administration from all earthly and secular Empires Wherefore the Institution and Erection of Christ's Kingdom was no way prejudicial to the Being or Rights of any earthly Kingdom but as the Civil Governments of the World were settled before so they still
the King 1 Pet. 2.17 Fear God Honour the King Where the Fear of God is lain as the Foundation of a Mans actings towards the King Honour to the King will be the Superstructure Piety necessarily disposeth to Loyalty because our obligations to God comprehend our obligations to the King and the prime Perswasive Motives to discharge our Duty to the King are inferr'd from the Duty we owe to God Hence we are required to submit to every Ordinance of Man for the Lord's sake whether it be to the King as Supream or unto Governors as to those that are sent by him why For so is the Will of God 1 Pet. 2.13 14. and so in the Place before quoted v. 7. of this ch we must be subject for conscience sake Wherefore the most visible and immediate Evidence we can possibly give for our fearing of God is that we Honour the King And for my part I cannot but fear That they who do not obey the King who is a visible God that they do not heartily obey God who is an invisible King For he that loveth not his Brother whom he hath seen how can he love God whom he hath not seen 1 Joh. 4.20 Sect. 49. Those whom God haith raised into a Communion with himself in the Eminency of his Authority and Power and are exercised in high Employments under him they are to be raised high in our Estimations of them and are to be held in great reputation for God's sake but how can we value them highly whom we violently oppose As he honours his Father and Mother who submits to their Government so he dishonours them who resists and rejects it He that did but uncover his Fathers nakedness which exposed him to contempt and scorn though he did not try Masteries with him was cursed Gen. 9.25 and Solomon tells us that the Eye that mocketh at his Father and disdaineth to obey his Mother the Ravens of the Valley shall pick it out and the young Eagles shall eat it Pr. 30.17 that is they shall come to an untimely death and be denied Burial as Traitors to the Paternal Government of our Country are and thereby exposed to be devoured by ravenous Birds And the Stubborn and Rebellious Son which would not obey the Voice of his Father and Mother tho' he did not Assault them with Force of Arms endeavour to thrust them out of doors or to subject them to his disorderly passions yet he was to be condemned by the Elders and stoned to Death Deut. 21.21 and can you believe that he is less faulty that dishonours and disobeys his civil Parents who are the nursing Fathers of his Country than he which dishonours and disobeys his natural Parents Whatsoever is essential to the Paternal Power belongs to the Regal and whatsoever Authority is in a dispersed manner found amongst any sort of inferiour and subordinate Rulers is cumulatively and in much larger proportions seated in the King and if lesser Governours are to be honoured with reverend esteem and submiss obedience than à Fortiori they that partake of Regal and Sovereign Dignity are not to be dispised and resisted Sect. 50. Yea God is so far from allowing us Liberty of using Force of Arms and doing Evil to the Ruler of our People that he forbids us to speak evil of him Exod. 22.28 Acts 23.5 and if we must hold our Tongues from Violence I 'm sure we must hold our Hands from Violence against him I take this to be an unanswerable Argument for Non-resistance for if it be unlawful to dishonour and affront the King with words 't is much more so to do it with blows When St. Jude characterizeth some of the worst Men and vilest Hereticks of that Age he describes them by this infallible Mark of infamous Criminals That they despise Dominion and speak evil of Dignities v. 8. Yet further God doth not only restrain from doing and speaking evil but also from thinking evil of the King Eccl. 10.20 Curse not the King no not in thy thought If we must not curse him we must not curb him if we must not wish him any harm we must not destroy him And 't is a received Rule for the Interpretation of all Scripture Prohibitions of sin That when any sin is expresly forbidden the contrary Duty is implicitely commanded When therefore we are forbid to speak evil of the King we are commanded to speak honourably of him And when we are forbid to curse him we are commanded to bless him That is to acknowledge his Excellency magnifying him as worth ten thousand of us 2 Sam. 18.3 pray for his welfare crying out God save the King 1 Sam. 10.24 2 Sam. 16.16 2 Kings 11.12 2 Chron. 23.11 and to minister to him in all Offices of well-doing for him to the utmost of our Power saying with Mephibosheth Let them take all that the King may be at his House in Peace 2 Sam. 19.30 and answerably we are commanded not to meddle with them that are given to change Pro. 24.21 that is with seditious spirited Men who affect to make innovations in Matters of Government to the Disturbance of the King's Peace And if we must not break the King's Peace I 'm sure we must not break his Head much less his Heart and destroy him quite out of the Way by Insurrections and Rebellions upon any Pretence whatsoever Sect. 51. 3. Because such a Resistance is directly contrary to that peaceable mindedness which the Christian Religion requires from all that embrace and profess it The Wisdom that is from above is peaceable as well as pure Jam. 3.17 the Christian Religion which maketh wise unto salvation makes all that partake of it lovers of peace and haters of contention and strictly and strongly obligeth them to pursue the one and shun the other It commands us to study to be quiet 1 Thes 4.11 to follow Peace with all Men Heb. 12.14 and if it be possible and as much as in us lyeth to live peaceably with all Men Rom. 12.18 to pray that we may lead quiet and peaceable lives 1 Tim. 2.2 if there are therefore any busie-bodies amongst us Religion doth not employ them if there be Controversies Schisms and Rebellions amongst us Religion doth not raise or grant indulgences to them if there be contentions and warrings Religion doth not blow the Trumpet or beat up the Drum foment and encourage them but engageth all its Powers to set up as a Bulwork against them a quite contrary disposition to them and where they prevail they destroy all those affections and lusts which incline and irritate to wars and fightings Gal. 5.19 to 25. and will allow nothing to be done through strife and vain glory Phil. 2.3 yea further the Christian Religion is so far from countenancing a violent Resistance of injurious Superiours that it forbids a vindictive Resistance of equals Mat. 5.38 ye have heard saith our Saviour that it hath been said an Eye for an Eye and a Tooth for a Tooth
Power in pulling down and setting up whom he pleaseth are we authorized to pull down our Superiors and to set up our selves because Christ hath redeemed us and made us Free-men of his spiritual Kingdom doth this warrant us to make our selves the Lords and Masters of the World because we must not subject our selves to serve Mens Lusts and Vices must we not therefore submit our selves to their legal Authority and Power because a State of civil Freedom is more eligible than a State of Bondage 't is better to be at our own disposal and liberty than to be in servitude and confined to the Will of another are we therefore to effect and endeavour to be above the Check and Controulment of the Sovereign Powers cannot Men be Masters of themselves but they must be Masters of their Superiors too 't is remarkable how very differently sincere and hypocritical Christians argue from the Principle under Consideration because 't is said That Christians are made free by Christ Joh. 8.36 and therefore every Christian Servant is the Lord's Free-man 1 Cor. 7.22 therefore some hypocritical Christians conclude themselves licensed to cast off all Subjection and Obedience to Magistrates and Masters and to live as discharged from all Conscience of Duty to them though by their present Circumstances constrained and necessitated externally to perform it but on the contrary part sincere Christians obey Governours as free but as servants of the Lord 1 Pet. 2.16 Serve the Lord in obeying their Governours submit themselves the one for Conscience sake to the other the highest Engagement and strongest Bond of Obedience that can be Sect. 61. I appeal to all considering Men if it be reasonable to believe that since Jesus Christ came not into the World to destroy the Law but to fulfill it Mat. 5.17 That is not to evacuate or relax any moral Duty but by his Doctrine and Example to fill up and re-inforce the Authority and obliging Power thereof and to commend his quiet and patient Submission to the injurious Affronts and destructive Violence of the Higher Powers as a Pattern for us to conform unto and imitate 1 Pet. 2.21 I say this considered is it credible that he hath cancelled the Obligation of any moral Duty by his death to his Followers and discharged them from Non-Resistance of the Higher Powers when they are too strong for them Sect. 62. But since 't is generally confessed that the moral Law is of universal and immutable Obligation of which the fifth Commandement is a Part and expresly requires us to Honour our Governours as all will acknowledge how comes it to pass that the Duty of this Commandement should be released or relaxed rather than of any other Is not the Observation of this Commandement of as much account with God as the Observation of the rest Is not the Honour of God and the Safety of human Societies as much concern'd in the keeping of it now as formerly why then should Christians be more limited in the Terms of their Subjection to the Higher Powers and less restrained from resisting them than the Jewish Nation when 't was govern'd by Rulers of God's own immediate Appointment The Authority Necessity Ends and Reasons of it are still the same and how comes it to pass that the Nature Grounds and Reasons of Subjection and Obedience are alter'd and the Pretenders to the Management of the Scepter of Christ must command and dispose that of the King If Conscience as God's Vicegerent must not be forced so neither must the King who represents as my Lord Coke tells us God's own Person Why should not God's Ordinance be as irresistible in the one as in the other the one hath as great a Supremacy over us without us as the other within us Sect. 63. Moreover if we are to be guided and governed by the positive Laws and Constitutions of our own Country as proper Rules and Measures to determine and limit our Allegiance and Obedience then 't is not lawful upon any pretence whatsoever to take up Arms against the King and we are to abhor that Traitorous Position of taking Arms by his Authority against his Person or against those that are commissionated by him as 't is Stat. 14. Ch. 2. And since saith Grotius on Mat. 26.52 there is no Man that doth not favour himself if it be once admitted that private Men being injuriously dealt withall by the Magistrate may repel force with force all places will be full of Tumults the Authority of Laws and Judicatures will be null and void And in his Votum pro pace ad Art 16. He affirms that Subjects ought by no means to resist their King or Prince by force or ought they to take either offensive or defensive Arms against their King or Prince for the Cause of Religion or for any other cause whatsoever and further affirms that no Government can be any longer safe than whilest those who have such Sentiments want strength And how Men that are for resisting the Higher Powers can expect to be owned as Friends to Government and presume on any Trust or Favour from the Administrators thereof I cannot imagine I shall conclude this with the Affirmation of the Church of England in her fourth part of her Homily against willful Rebellion God alloweth neither the Dignity of any Person nor the Multitude of any People nor the Weight of any Cause as sufficient for the which Subjects may move Rebellion against their Princes Sect. 64. I am not altogether ignorant of the Reasonings of some discontented and interested Men to plead for the lawfulness of resisting the Higher Powers with armed Force in some cases and perhaps it may be expected that I should engage my self in the solemn Examination and Confutation of them But having proved from divine Revelation that God hath forbidden it I may warrantably say to every such Reasoner as the Apostle in another case alike depending on the Sovereign Authority of God Rom. 9.20 Nay but Oh Man who art thou that repliest against God Shall not God govern the World as he pleaseth hath he not an absolute and unaccountable Power to impart after what manner and measure he judgeth fit his own Sovereign Authority and Power to his Vicegerents and if God do not limit and restrain the Extent of their Authority and Power who shall we frequently find Jesus Christ and his Apostles endeavouring to impress on Mens Consciences a quick Sense of their Obligations to yield Subjection and Obedience to the Higher Powers but never determining or limiting the manner of obtaining their Titles or the Righteousness of their Prerogatives and Rights or their way of administring and executing them which I take to be a plain Intimation that the Welfare of Mankind and the Safety of all Societies depends on the dutiful and peaceable Deportment of the governed part thereof and that Subjects are principally concerned Conscientiousness to attend their own Duties and to leave the Menageries of the governing part of that
distinguished into several Communities and canton'd into Kingdoms or Commonwealths but every Man bath indifferently a Right to one part of the World as well as to another and is no more determined to this Kingdom or Community than to that and consequently there can be no Government but by Usurpation in no part of the World without every Man's Consent that is in the World one Man cannot alienate and surrender anothers Right without his Consent Where every Man is equally free if every Man do not equally concur to the Limitation or Resignation of it the Freedom of particulars without Usurpation will still remain entire So that the Iâ—â—â—bitants of England France Spain c. have no more right to determine of Governours Proprieties and Liberties of their respective Countries than the Inhabitants of the East or West-Indies have because by the Law of Nature they have an equal Right unto and Freedom in these Countries But suppose that the Inhabitants of particular Countries have sufficient Power to chuse and establish what Government amongst them they please yet this Principle supposed that all are equal by Nature and every Man is free born it will follow that as the Inhabitants of any Country are changed so there will be likewise answerably a Right and Power to change and alter the Governours and Government thereof and every hour a Variation being produced by the Births of some and Deaths of others there will be in all Countries in the World especially very populous Ones a Right in many Persons to with hold subjection from the present Higher Powers and to advance others in their room or else to remain Lords and Masters of themselves if it be said that the Choice and Contract of the Ancestry bind their Posterity and Fathers and Masters conclude their respective Families this plainly confutes the Principle contended for because by Nature there is neither Non-age Subjection or Servitude but the whole Race of Mankind hath equal Rights and Liberties Or if it be said that the Major part of the People is virtually the Whole or a considerable part of them meeting with no opposition presume the Whole it falls under the like Exceptions with the former for if these had Authority to conclude the rest they were not their Equals but Superiors and could without their consent limit them in their natural Rights and Freedoms which overthrows these Mens beloved Cause This I hope is a sufficient Discovery of the mischievous Consequences of the aforementioned Principle to the Safety of all settled Governments in the World Sect. 70. 3. Although there are sometimes Agreements and Contracts betwixt Sovereign Princes and their Subjects by which they become mutually obliged to each other and the Subjects have their Rights Proprieties and Priviledges as well as Princes their Prerogatives and Preheminencies and none are more strongly bound to perform their Agreements and Covenants than Sovereign Princes not only from Motives of Piety and Justice but also from Reasons of State because the conscientious and strict Observation of them prevents or eradicates all those jealous Fears which ordinarily arise from their Subjects apprehensions of a Power they have to wrong them creates in them a mighty Esteem and Veneration of them strong and vigorous Affections to them a clear and stedfast Confidence in them and renders them couragious resolute stedfast and chearful in their Adherence and Obedience to them yet the Existence of their Sovereignty depends not on it because that which cannot escheat to a Superior is not forfeitable Vnumquodque dissolvitur eo modo quo contrahitur saith our Law Now as it is God alone which sets up Kings and gives them Kingdoms Dan. 2.21 27. Prov. 8.15 Jer. 27.5 6. So 't is God alone that can dethrone and take Kingdoms from them 1 Sam. 28.18 for as Sovereign Princes judge not for Men but for the Lord 2 Chr. 19.6 so neither can they be judged by Men but by God only and 't is his peculiar to execute Vengeance on them for evil doing Rom. 12.19 and as their Power of Life and Death was only from God so it is God only who gave it to them can take it from them Sect. 71. The Supreme Sovereign Power is a simple undivided Thing and can be but one for as in the natural so in the political Body there must be only one common Principle of action it must be one Sovereign Will guided by one directive Judgment assisted by one Power of the Sword which is invested with all the legislative judicial and executive Authority of every Community or else there can be no certain regular Administration 〈◊〉 Affairs amongst them And consequently as the Sovereignty hath no Superior so it can have no equall A conditional Sovereignty is indeed none at all a conditional King is only the Pageant of a King a meer titular nominal King one in appearance officially a King but divested of the Authority and Power proper to it and the Reason is evident because he is a Subject to a Superior Power and is disposed of at anothers Will and Pleasure and he that is subordinated cannot be supreme who but our Superior can prescribe and impose upon us Conditions and Measures of having holding and exercising governing Power and exauctorate and punish us for Non-observance and Disobedience to them but some Mens Brains are so impregnated with Ideas of Bargains and Contracts that they will have all Authority and Subjection to depend upon them and all the relative Duties of Princes and People to be measured and determined by them as if God and Nature had made no provision for the Safety and Happiness of Mankind without them Sect. 72. 4. That no more Authority and Power is to be claimed and exercised by Soreign Princes than can proved and that the Liberty of the Subject proves it self doth not only imply that all Authority and Power is from mutual Contracts and Agreements but also according to the Judgment of such Men that all Authority and Power is radically and originally in every single Person and therefore I take it to be a most groundless and prodigious Presumption If Power must always be proved but Liberty proves it self the Case of the Sovereign is very lamentable and despicable for how is Power to be proved by what Evidence by the Princes own Testimony or by the Testimony of the Subject I know of no Medium and 't is probable partiallity will be pretended and what is to be done then then Might must be Right and then the Prince must to the Wall Ay but there is another way of proving Power and that is by the Fundamental Charter the Original Magna Charta which was by the mutual Agreement and Contract of Prince and People made and established when the Government was at first formed and constituted But what if the very Being of such a Thing be questioned how will it be proved I am apt to believe the Sovereign Prince of England as well as of other Dominions may
search all the days of their lives and not be able to discover when or where such a Charter ever was in Being but suppose there were such a Charter who shall be the Interpreter of it and judge how far the Power of the Prince extends it self and during the Dispute how shall the Government be administred doth not this in effect authorize the Subjects to do at pleasure what is right in their own eyes for if they demur against the Prince's Power he is to act at his peril But on the other side the Subject stands on a firm Bottom for his Liberty proves it self this is a Self-evident Principle and when the Subjects pretend it the Sovereign Powers durst not contradict and contest it for in this case every Subject if it be not a Contradiction so to speak is a Sovereign because so far as his liberty is not expresly given away it always remains entire The Sovereigns Power is originally from the Subject but the Subjects Liberty originally from himself the Princes Power is derived from the Subjects Will but the Subjects Liberty from his Nature And wo to that Prince who shall violate and usurp on the Laws and Liberties of Nature Sect. 73. But if every Man by Nature equally partake of Sovereignty then no body can be obliged to Subjection for where all are equal there can be no Subordination neither Superiors non Inferiors and is not he a strange Supreme who hath no body under him Moreover if it be so then every Man is born in a State of Anarchy and the God of Order hath sate no bounds to Mankind the relative Duties of Superiors and Inferiors might never have had any foundation in Nature and were only presumptively from Arbitrary Contracts and Agreements limited and determined by the Fifth Commandment and not only every Nation but every City Town Parish Family may chuse what Government seems best to them yea every particular Person may live independently if he will altogether free from the Circumscriptions of all sorts of governed Societies and if any attempt be made to restrain him without his consent he is oppressed in his natural Liberty And is not this Doctrine of a sovereign Tendency to maintain mutual Amity and Peace amongst Men Sect. 74. 5. That Subjects in political Monarchies and under other Sovereign Powers have Rights Immunities and Priviledges as unalienable Properties without their concurrent consent is very manifest but these do not proceed from any Reservations made in a presumed fundamental Constitution composed and ratified by a mutual Compact and Confederacy betwixt the Sovereign and Subjects but from the Sovereign's Condescentious Acts of Grace which having the Establishment and Security of his Laws he cannot invade and violate without Injustice to his Subjects dishonour to himself provocation to God loss of Reputation with his Allies and Confederates abroad and exposing himself as a Person of no Faith 'T is well observed by Fortescue that the Kingdom of England is not meerly Regal or meerly Politick but partly Regal and partly Politick Regnum Angliae ex Bruii comitivâ Trojanorum in Dominium politicum regale prorupit The Kingdom of England out of Brutus his retinue of Trajans brake out into a politick and regal Dominion And elsewhere tells us Rex Angliae principatu nedum regali sed politico suo populo dominatur the King of England governeth his People not only by a Regal but a politick Principality Ch. 9. So that though the King of England in some cases exercise an absolute and arbitrary Power like a despotick Prince as in making War and Peace Summoning Adjourning Proroguing and Dissolving of Parliaments Coinage of Money c. Yet in other cases he exerciseth a bounded and limited Power as in the imposition and repealing of Laws Taxes and Levies of Mony c. and therefore ought in Conscience to regard his Duty as a Politick King as well as his Power as a Despotick King and such hath been the Moderation of the English Government hitherto that it is acknowledged to be the most easy and safe of any in the World These particulars being duly considered I am confident the forementioned Objection is sufficiently answered and no warrant can thence be taken for Subjects to resist with armed Force the Sovereign Powers Sect. 75. 2. Another Objection near of kin to the former though in different words to plead the Cause of Rebellion is this that all Real Majesty being only in the Community all Personal Majesty is transfused or delegated from thence and consequently the Personal Majesty is nothing but a Trust accountable and forfeitable to the Community and therefore if the Administrators of Sovereign Power abuse their Trust they may not only be resisted but deposed Upon this Ground it was that the Rebellious Lords and Commons when King Charles the First sate up his Standard in the Defence of himself and the Government adjudged it a Breach of his Trust and Treason against the State and Kingdom And answerably one of their Advocates tell us That their Generals Commission to seize the King's Person was a strong Capias utlegatum a Judgment passed against him as out of the Protection of the Kingdom and Aid of the Law And in truth granting what they suppose to be true That the King was not the Officer of God but of the Community received his Authority not from God but them and made War against the Kingdom whose Trustee he was and the inference seems to be rational That Power which is derived from the Civil Constitution being in an Hostile manner employed against it or administred to dissolve and destroy it is forfeited and lost and those who were subjected to it absolved from their Allegiance Ans Having represented this Objection in its full Strength to the best Advantage of the Patrons of it I shall endeavour to assoil it and I doubt not but I shall confute it to the satisfaction of every unprejudiced Person Sect. 76. By a Community these Men understand not a Society of Men actually conâ—enting and formed into a public Government but only a Society of Families and Vicinities voluntarily rationally and justly assembling and associating themselves from mutual benevolence in order to the common Good and Safety thereby putting themselves into an immediate capacity of receiving a public Government under some Form or other such as they themselves shall judge most expedient for them Be it now considered that Sect. 77. 1. This pretended Real Majesty in the Community of a Multitude so associated as hath been said must either be the Product of the Law of Nature or of some positive Law of God or of some human Compact or of some other Cause I will reflect briefly on each of these and if neither of them be assignable as the Ground Reason or Cause thereof I shall be so bold asconclude that 't is a Platonical Idea which hath no existence 1. There is no dictate of Nature which ascribes a greater Authority to a
of a lawless Violence and Oppression be not the Resistance of a lawful Authority yet the Resistance of a lawless Violence may be so Circumstanced that it may be an unlawful Resistance of him or them that are in a full and unquestionable Possession of a lawful Authority For when the Illegal Acts of Sovereign Princes are by Force of Arms resisted Sovereign Princes themselves as such are also resisted because their Persons and Authority are not actually and indeed divided 'T is true their natural and politic Capacities are distinguishable in our Conceptions but 't is as true that the natural Subsistences of the Sovereign Powers are rever actually seperated from their Sovereign Authority I pray consider for the Illustrations of this if the English Legiance be not due to the King in his natural Capacity and not in his politic Capacity for as the King swears to protect us in our natural Capacities so we swear Legiance to him in his natural Capacity And this is the Reason why by our Law the Compassing and Imagining the Death of the King is High-Treason because his Person being invested with Sovereign Authority he cannot be Murthered in the Eye of the Law under any other Notion Wherefore though the Personal Acts of our Kings are not always Legal Acts and their Commands considered in their Natural Capacities may be such as no good Subject can approve actively submit unto and obey yet they are still the higher Powers which cannot be resisted without the peril of damnation because their personal Subsistences imply an inseperable Investiture with Sovereign Authority And therefore my Lord Coke in Calvins Case tells us that the Natural Legiance due to our Kings in their Natural Capacities from their Subjects is absolute and indefinite not circumscribed by Law but above Law and before Law and consequently indelible and immutable Sect. 87. Because the Authority of our Kings is in their Laws their Offices their Courts where their Persons are not some think that their Persons may be resisted and no Resistance made to their Authority I would have such to consider whence it is that Laws Judicial Courts and Subordinate Officers have their Authority Is it not Originally from the Authority of the King's Person And are not all the Laws Courts and Officers of the Kingdom for that reason called the King's Laws Courts and Officers And can the King communicate Authority without Authority first inherent in himself Certainly that must needs be the most Eminent Authority which is the Source and Fountain of all other Authority according to that Maxim Quicquid efficit tale est magis tale And if the Personal Authority of the King be antecedent to that of his Laws Courts and Officers and derive to them that Authority they partake of then I conceive 't will be no illogical reasoning to infer That the Being and Existence of his Sovereign Authority depends not on them As the King had an Existence before their Constitution so he may likewise after their dissolution God forbid that when a Sovereign Prince hath solemnly promised and sworn to Govern his Subjects according to his Established Laws and to Protect them in their Rights Properties and Priviledges that he should violate his Faith thus given to God and his People yet if he do he is a Sovereign Prince still and the Resistance of him a Resistance of the Ordinance of God because his Authority is from God and hath no Superior under God to controul it nor to whom to forfeit and because the illegal Exercise of his Power doth not disannul his Authority Sect. 88. 4. The Illegal and Destructive Acts of the Sovereign Powers towards their Subjects are not always Inauthoritative Acts. This is evident to the common Sense and Experience of Mankind from the injurious Sentences that are past and Executions that ensue in all sorts of Human Judicatures respectively to the Lives Limbs Liberties and Estates of Subjects The Liberty the Subjects here in England have in some Cases to arrest Judgment and to appeal from an Inferiour to a Superiour Court presumes the Truth of this Now though a Sentence contrary to the true Intention of Law be an unjust Sentence and cannot properly have the Authority of the Law in it yet Subjects in all Parts of the World are obliged by it till it be rescinded and reversed by the Authority of a competent Superiour Judge And if it be a Sentence past or ratified by a Supream Judge from whom there is no appeal the Subject can have no redress but is finally concluded by it how illegal and pernitious soever it be hence that Etiam cum Praetor iniquum pronunciat jus dicit Which is a further Evidence that there is an Authority in Persons Superiour to that in Laws 'T is from the Authority of the Person and not of the Law that a Sentence pronounced according to the Law binds in some Cases and not in others and a Sentence pronounced against Law is reversible in some Cases and not in others Indeed 't is plain that a Sentence pronounced contrary to the End and Intention of Law could have no Authority and Obligatory Force in it were it not from the Authority of the Judge whose act it is Then it will follow Sect. 89. 5. That the Right which Subjects have to preserve themselves in their Properties and Liberties against the unjust and violent Invasions or Usurpations of the Prerogative cannot authorize or warrant them to an active and forcible Resistance thereof For though the higher Powers are not Commissioned to do illegal out-ragious and destructive acts of violence yet they are the higher Powers by Commission and therefore though they abuse their Power the Subjects being no competent Judges thereof they are to be submitted unto without Resistance The High Priest and Elders of the People had no legal Authority to apprehend and secure Jesus Christ as a Criminal and yet he condemned St. Peter's forcible Resistance thereof So when the High Priest commanded St. Paul to be smitten contrary to the Law he acknowledged that notwithstanding that injurious violence offered to him he had no warrant to revile him much less violently resist him and return blow for blow So that those Acts of the higher Powers which are done without Law and against Law being considered conjunctively with the Authors or efficient Causes of them they imply the Presence of a Sovereign Authority with them which is uncontrollable and irresistible Sect. 90. 4. Another Objection which very naturally offers it self from what was last said is this if the very Illegal Acts of all Sovereign Powers be uncontrollable and irresistible then a Despotical is not Distinguishable from a Political Government nor an Arbitrary from a Legal Power nor an Absolute Monarchy from a Monarchy regulated and limited by Established Laws because the Authority of the one in effect is of equal extent with the other and the one as unaccountable and irresistble if he make his Will his Law as the other Ans What
the Apostle said concerning the Difference betwixt the Condition of the Jew and of the Gentile that the Jew had the advantage and profit much every way Rom. 3.1 2. that may I say concerning the different Condition of the aforementioned sorts of Government a Political Legal limited Government hath much advantage and profit every way above that which is Despotical Absolute and Arbitrary and therefore no Man which wisheth well to his Country and sincerely desires the Safety ease and contentment either of the Sovereign or his Subjects will contribute in the least Degree any Assistance by word or deed towards the Abolition of the former and Introduction of the latter but yet supposing the Sovereign Power of the latter irresistble and the Sovereign Power of the former resistible by the Subjects thereof and it will be the most desirable because it is invested with an unappealable Authority and consequently is sufficiently provided for the Decision and Determination of all Controversies and the Preservation of the Peace of the Community which is not the Case of the other as hath been formerly observed And I am sure the Danger of Anarchy is as terrible and more than that of Tyranny Now for the confutation of the foregoing Objection let these particulars be considered Sect. 91. 1. Though a Political Prince who is obliged to regulate his Power by his known Laws made and Established with the Consent and Approbation of his Subjects may from a presumption of the uncontrollableness and irresistibility of his Power abuse his Power in Arbitrary Administrations thereof governing as if his private Will and not his public Laws were to be the Measure of his Government yet this cannot alter the Fundamental Constitution of the Government and make his Will a Law to his Subjects and therefore though they must not actively resist his Power yet they are not obliged actively to own and obey it And 't is very improbable that any Prince in the World who is well in his Wits will augment his Power by Usurpation when his Government will be as safe by a Legal Administration endeavour to obtain any End of Government by Force and against the Consent of the Subjects which is obtainable by Law and with their Consent Princes ordinarily are not so meanly skilled in the Politics but they know and consider too That he hath most Power over his Subjects who is most powerful in them And in truth all the Strong Holds in a Kingdom will have nothing of Security in them for the Sovereign when he hath dismantled this Sect. 92. 2. Though a Political as well as a Despotical Prince can do no wrong which is censurable and punishable by any Human Law for though he be obliged in Honour Equity and Conscience to Conduct himself and Administrations by the directive Power of the Law yet he is not under the corrective and coercive Power of it not only because he who can make and repeal the Law and pardon the Transgression thereof is greater than the Law and above it but also because he hath no Superiour to judge and execute any legal punishment on him yet those Commissioned by him are accountable and punishable for Illegal Administrations and cannot serve his private Will contrary to his Laws without exposing themselves to the Condemnation of evil doers And though the King may for a Time interpose an Illegal Exercise of his Power to suspend the Law and to defend and rescue then from the Coaction and Vengeance of it yet he may after due consideration of the Nature of the Thing prefer the Honour of his Government before the Protection of the Transgressors of his Law and chuse rather to justifie his Legal Will than to shew indulgence to his Passionate Humor And in case such Malefactors should escape Condign Punishment during the whole Reign of the Prince that employs them yet 't is great odds but his Successor to shew the Value he sets on his Laws his readiness to redress the Grievances of his Subjects from former Male-administrations of Government and to ingratiate himself with them as all over of Righteousness and tender of their Legal Liberties will offer them as a Sacrifice to public justice And therefore not only all honest Men but also all worldly wise Men and Men of Fortunes will upon this account take heed how they engage themselves in the Execution of the King's Will against his Laws I do not doubt but the Kings of England will consider what the Learned Bracton said that Ipse Rex non debet esse sub homine sed sub Deo sub Lege quia Lex facit Regem The King himself ought not to be under Man but under God and under the Law because the Law makes the King His meaning is not that the King derives his Authority as King from the Law for then the Principal Efficient cause of Governing Administrations would owe its being to the Instrumental Cause thereof but the true Intent of that learned Author and of Fleta too who concurs with him in that expression is this that the Law declares and publisheth to the Subject who is their rightful King and so supports and maintains him as King in their acknowledgments and by the Observation of which he distinguisheth himself from a Tyrant who Governs without a due regard had to Law And in this respect I think my Lord Coke spake not amiss when he told King James the First That the Law sate the Crown upon his Head And there is no such ready Way to keep and hold the Crown there as to keep and hold fast to that Law which sate it there Sect. 93. 3. As the Power of Sovereign Princes is from the Lord so their hearts are in his hand and he over-ruleth them to the best Purposes and will not permit them unless provoked by our sins to become illegal scourges to us 1 Per. 3.13 Who is he that will 〈…〉 if ye be followers of that which is good 'T is generally acknowledged that when the Apostles Epistle was written to the Romans that the Government of that Empire was Despotical and managed with such an Arbitrary Absoluteness that it was highly Tyrannical and yet the Apostle tells them that the Powers that be are ordained of God And forbids them resistance under the pain of condemnation And tells them that Rulers are not i. e. by their Office ought not to be a Terrour to good Works but to the Evil. And least they should say as many among us are apt to do 't is true the good should be protected countenanced and encouraged but we can have no assurance thereof from the Constitution of the Government our Rulers may make their lust a Law and what a Case shall we be in then The Apostle anticipates this Objection by assuring them That performing their duties they shall obtain the Success desired v. 3. Do that which is good and thou shalt have praise of the same For he is the Minister of God to thee
Invading the legal Rights Properties Liberties and Priviledges of the Subject and Subversion of the established Religion and Tolleration yea Introduction of Idolatrous Worship c. As every English Man knows who is but competently instructed in the pretended Motives of that Rebellion to which these Laws directly refer but 't is further said for the countenancing of this apocryphal Sense of the Declaration aforesaid That when there seems to be a Contradiction betwixt two Artioles in our Constitution as there seems to be betwixt the publick Liberty of the Nation and the renouncing of all Resistance in case it be invaded we are to examine which of the two is most evident and most important and to fix upon that and the publick Liberty of the Nation being the most Plain and most Important of the two the Article against Resistance ought to be softned that it do not destroy the other But to the States of England who certainly are the most Competent Judges in this case there seemed no contradiction but a very fair consistency betwixt these two Articles and to every unprejudiced Man who is not captivated to an Hypothesis from Passion and Interest The Renunciation of resistance upon any pretence whatsoever is as evident an Article in our Constitution as can be expressed in Words and being directly designed for the Preservation of publick Order and Peace and the Security of the Government it is not easily imaginable how any Article should exceed the Importance of it Yes but that of the Publick Liberty may because the Chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maintain it This passage sounds like the Shibboleth of the Scotish Kirk for so it is translated in the Third Article of the solemn League and Covenant We shall endeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of the Parliament and the Liberties of the Kingdoms and to preserve and defend the King's Maiesty's Person and Authority in the Preservation and Defence of the true Religion and Liberties of the Kingdoms Where the Preservation and Defence of the King's Majesty's Person and Authority is not only limited to the Preservation and Defence of the true Religion and Liberâ—ies of the Kingdoms but sate in order after the Rights and Priviledges of Parliament and Liberties of the Kingdoms as the less evident and less important Matter to be attend and â—ndeavoured This is rare Policy Men of a lower Elavation in that Science which we â—all plain meaning Men do ordinarily believe that the Chief Design of our whole Law â—nd all the several Rules of our Constitution is to secure and maintain the Ends of Government Order and Peace and consequently the Government it self and how Order and â—eace can be preserved and maintained and the Government secured when the Subjects â—e authorized and allowed in cases which they being Judges seem evident and â—â—portant â—â—ough to them to disturb the one and resist the other with force of Arms I â—â—nnot apâ—â—ehend because ordinarily the Majority of Subjects have not that veneration fâ—â— their Goâ—â—rnours and respect for the public Welfare becomes them but are suspicious and creduâ—â—â—s and led more by rash Passions and feigned Interests than by wise Judgment and the â—â—blick Safety But suppose the Liberties of the Nation must be acquitted or the Command of God violated what is the Subjects Duty then And therefore as I do not believe that the Terms King Sovereign Supreme so frequently used in our Laws are equivocal Ones so neither do I believe that the Law which requires a Renunciation of Resistance upon any pretence whatsoever is of an equivocal signification but intends that the Subject mean honestly when he declares against Resistance without exceptions or reserves because 't is a Thing unworthy of the Wisdom and Honour of our Government to impose a Law of an equivocal signification and such an Interpretation can serve no good end Sect. 97. 5. Another Objection against Non-resistance and to warrant and encourage the taking of Arms against the Kings of England in case they exceed their limited bounds is this The Supreme Power must still be supposed to be lodged with the legislative Power and not with the executive Power when that is appropriated to a distinct Subject from the Legislative Now 't is certain that the executive Part of the English Government is lodged singly in the King so that the whole Administration of that is in him but the Legislative is lodged between him 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 Wherefore the Power of the King is fiduciary only nothing but a Trust and all Trusts saith this Author by their nature import that those to whom they are given are accountable and consequently censurable and punishable and therefore the Kings of England may be resisted with force of Arms and deposed and then dealt withal if under equal guilt as other Criminals guilty of the most Capital Offences Ans That a distinction is to be made between the Legislative and Executive part of Power is not to be doubted but whether this Author have rightly applied it is to be questioned and from as plain evidence as any in the World to be denied for the Legislative Authority of the English Government is not divided into distinct hands from the Executive but lodged in the same Subject even in the King of England only Sect. 98. 1. All the Laws of England are the King's Laws receive their denomination from him only and therefore all offences committed against them are principally and ultimately said to be committed against the King and his Crown and Dignity for although the Matter perhaps of all Laws in some latter Ages is prepared by the Two Houses of Parliament and no Law is or can be enacted without their concurrent Approbation and Consent yet every Law receives its formal Being and Obligation from the Authority of the King only and no Law is repealed but by his Authority only The Authority of the Two Houses is the Authority of Councellors and not of Legislators as Judge Jenkins saith and Sir W. Rawleigh tells us That that which is done in Parliament is done by the Kings absolute Authority The Three Estates do but advise as the Privy Council doth which advice if the King embrace it becomes the King 's own Act in the one and the King's Law in the other And therefore when they have addressed themselves to the King in order to the enacting or abrogating of a Law they have prefaced it in a petitionary Stile as acting in the capacity of Loving and Loyal Subjects Sir Edward Coke tells us 4 Inst p. 25. That in Ancient time all Acts of Parliament were in form of Petitions For instances thus 't was in 1 Edw. 3. When Magna Charta was confirmed there you shall find
needless but it will also if the King and Lords please render the House of Commons as needless too which may also be the Case of the House of Lords if the King and House of Commons please to have it so For I presume he will have the Co-ordination to be equally lodged in the one as in the other that our Author had any respect to this I cannot affirm but I well remember when the Legislative Authority was pretended unto by the Two Houses that their Advocates pleaded this Maxim for the Justification of what they called Ordinances of Parliament which were of such Authority and Power in the Hands of their subordinate Instruments that they used them to deprive of Life Liberty and Estate and nothing was more frequently urged than Co-ordinata se invicem supplent Co-ordinates ought mutually to supply each others defects So that what the King from Perversness or Ignorance would not do or imposency or restraint could not do with them they presumed they were sufficiently authorized to do without him because the public Interest and Safety must not miscarry or be hazarded for want of supplemental Laws Sect. 104. I know our Author supposeth the King in his Political Capacity to be in another considetation thereof inferior to the Two Houses of Parliament though he will not perhaps say he is so in his Legislative viz. as the Executive part of Government is lodged singly in him because this as he teacheth is a Matter of Trust derived from the Legislative part for which he is accountable and in that capacity the King is a Subject to the Two Houses of Parliament Right Excellent indeed this is not in terms asserted but 't is plainly the intent and drift of it Well! let it be supposed That the Executive Power of the Kingdom is a Trust from the Legislative Power will it not then follow that the King derives a Trust to himself certainly if this Author himself may be believed he hath a share in the Legislative Power and therefore if a Trust be transferred and devolved from thence to him it must be with his concurrence as acting in that capacity Now if he should chance to be unfaithful to himself and violate this Trust to whom in a judiciary way must he be accountable of whom must that Court be constituted that must question the Matter there may be no Houses of Parliament in being and if there be if he disgust their proceedings may he not Adjourn Prorogue or Dissolve them if he think fit and what will become of the Matter then 't is but equal that if all interested in the Legislative Power be concern'd the King himself should be admitted of the Quorum when this matter of Trust comes to be questioned and debated I conceive the Vanity of this pretence That the Executive part of Government is an accountable Trust committed by our Laws to the King will evidently appear to any impartial Man that will but try how to answer these few plain Questions 1. If this Trust be abused is it any part of the Executive Power of the Government to Summon Try Judge and Punish the Abuser thereof 2. In whose Name shall the Process for Summons be issued forth in order to his Tryal 3. What provision hath the Law made for the Arresting of the King's Person to secure his forth coming to Tryal in case he refuse to obey a preceptive Summons 4. Is it not High Treason to imprison the King or by force to take him into a Man's Power yea or but to manifest such a Design by some overt act 5. If he have a fair Tryal according to Law he must be tried by his Peers I pray who are they 6. Who shall be his Judge and pass Sentence 7. What is the Punishment the Law hath ordained for the abuse of this Trust 8. Who shall execute the Sentence pronounced against him 'T is manifest the whole Administration of the Executive Power being confessedly lodged in the King nothing of this can legally be done and therefore 't is impossible that the King 's Executive Power should be a Trust committed to him by his Houses of Parliament for which he ought to be accountable to them or any other earthly Power I hope you would not have our High and Mighty Sovereign Lord the good People of England erect an High Court of Justice which shall be instead of Delators Witnesses Jurors Peers Judges and Executioners I am taught by some that understood the Constitution and Laws of the Kingdom of England very well that the King is not accountable for his Office or Actions to any Court Person or Persons whatsoever and every Man that will but attentively read the Spencer's Case and the Tryals of the Regicides may learn the same Lesson And thus saith the most learned Bracton Sunt sub Rege liberi homines servi omnis sub eo est ipse sub nullo nisi tantum sub Deo Si à Rege petatur cum Breve non currat contra Regem locus erit supplicationi quod factum suum corrigat emendet si non fecerit satis erit ei ad paenam quod Dominum expectet ultorem de chartis Regiis factis Regum nec privatae personae nec Justiciarii debent disputare There are Free-men and Servants under the King and every one is under him and he is under no one but under God only If any thing be to be demanded of the King since a Writ cannot go forth against the King there will be place for petitioning that he would correct and amend his doing if he do not it will be Punishment enough for him that he expect the Lord to be the Avenger of the Royal Grants and Actions of the King neither private Persons or Judges ought to dispute much less to censure and chastise And my Lord Coke in his Compleat Copy Holder hath taught me That the King representeth God's Person on Earth And I presume no Man is so daringly bold as to affirm That God is accountable and censurable for any of his doings Sect. 105. 5. It appears from the very Form and Tenor of the most Excellent Charters of the English Subjects Liberties that the Regal Authority and Power is not a fiduciary Trust from his Subjects and People under any consideration whatsoever Magna Charta it self runs thus Spontanea bona voluntate nostra dedimus concessimus By our free and good will we have given and granted c. not contracted bargain'd and upon good and valuable considerations covenanted and promised but from grace and condescention given and granted See 9 Hen. 3. so when the same Charter was confirmed in King Edward's time it was thus worded Know ye that we of our meer free will have granted to all Free-men these Liberties So in the Statute Quo Warranto 18. Edw. 1. Dominus Rex ad Parliamentum suum de gratia sua speciali propter affectionem quam habet erga Praelatos caeteros
de Regno suo concessit c. The Lord the King of his Parliament from his special grace and for the Affection he hath toward the Prelates and all others of his Kingdom hath granted I appeal to all unprejudiced Men to consider if this be the Language of an accountable Trustee Sect. 106. Coke the Regicide having told his Blood-thirsty Masters That Charles Stuart for so he called his Liâ—ge Lord that King of Blessed Memory stands now that is in their High Court of Justice to give an account of his Stewardship he thus begins to diffect his charge That the Kings of England are trusted with a limited Power to govern by Law and affirms it to be one of the Fundamentals of the Law that the King is not above the Law but the Law above the King And for the Proof of it offer'd the Coronation Oath wherein the King swears to keep and observe the Laws which the People shall chuse And then endeavouring to impute to his Sacred Majesty a Violation of his Fidelity to God and his People concludes him justly condemned by the Fundamental Law of the Nation c. and no wonder of such an Inference for as he tells us Governours are but the Peoples Creatures the Work of their hands to be accomptable as their Stewards and therefore when they prevaricate and abuse their Trust to question by what Law they call them to account is High Treason with a Witness And this is the true Tendency of that Doctrine That all Power is originally from the People and the King 's executive Power a Trust from the Two Houses of Parliament because this makes them as Coke phraseth it his Liege Lords and warrants them to exercise an absolute Power over him 'T is so naturally implied saith he that if a King become a Tyrant that he shall dye for it that this is the first necessary Fundamental Law of every Kingdom which by intrinsical Rules of Government must preserve it self This is just like the Liberty of the People which proves it self whereas the Power of the King must be proved before the Subjects ought to obey it because he hath no more than he hath received from his Sovereign Lords the People which is only founded on positive Law and if he pretend to more than they have given him he usurps upon their Liberty which they have a Right to defend and preserve by force of Arms which being a new Edition of John Coke's Doctrine the Author must needs deserve exceedingly well of the Government and cannot be worthily dealt withal unless highly promoted how agreeable this is to our Legal Constitution I refer to every indifferent Judgment who will compare it with what hath been observed concerned it and shall conclude in the Words of this Author It is indeed clear from the New Testamdnt That the Christian Religion as such gives us no grounds to defend or propagate it by force It is a Doctrine of the Cross and of Faith and Patience under it and if by the Order of Divine Providence and of any Constitution of Government under which we are born we are brought under sufferings for our professing of it we may indeed retire and fly out of any such Country if we can but if that is 〈…〉 must then according to this Religion submit to those sufferings 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 By Submitting to Sufferings by what follows I hope he means a Submission without Resistance though we are strong enough to make it and then the Safety of the English Government is secured though Religion be our Property and shall chance to be persecuted because by the Constitution of our Government we may not upon any pretence whatsoever take Arms against the King Sest 107. 6. Another Objection is this a King may actually and professedly endeavour to subvert the established Government and overthrow the whole Constitution and set himself to destroy if not all nor the greatest part yet at least very considerable numbers of his People and so plainly counteract the very end of his Authority and Power and will it not be lawful for his Subjects in such a Case to resist him Ans The Sky may fall and then Larks will be good cheap Princes may become Phreneticks and be uncapable of Government and them as in the Case of a Minor that is an Hereditary Prince a Prorex is to be had during the Suspension of the Exercise of his Authority and Power Or they may be so dissatisfied with the Burthensomness of the Government that they may be weary of it Abdicate and Renounce it or they may be so intoxicated and transported with wild and outragious Passions Discontents and Prejudices against their Subjects that they may disclaim the Government of them and indeed do so when instead of administring the Government in order to their Peace and Safety they turn it to their distraction and ruine will not be the Ministers of God for good but hurt to them will not support but destroy the Foundations of their Kingdoms but then with their Subjects and Kingdoms they destroy themselves too and cease to be Princes because they that disclaim the Protection of their Subjects and wilfully resolve to destroy their Dominions can have no right to govern them They can be no Rulers who will leave nothing under them to be ruled by them and then the Resistance of them will not be a Resistance of the Higher Powers but this is a meer Platonical Idea a Case put that perhaps never was nor never is like to have a real Existence in the Nature of things Let these things be considered Sect. 108. 1. Plutarch observes Inest omni populo aliquod malignum contra Imperantes There is in all sorts of People some malignity against their Governours Such is the Pride of Man's heart that he is averse to Subjection our unwillingness to be restrained from following our own Minds and Wills and to be guided and commanded by the Mind and Will of another prejudiceth us against the Ruler of us and this as Mr. Hooker tells us makes Men very attentive and favourable Hearers to suck in any Poyson that is breathed forth against the King or the Governours which are sent forth and anon it mulriplies and every valley and obscure corner is ready to eccho it back again We must therefore be very wary now we give ear to any evil Suggestions concerning the Designs or male-Administrations of the Higher Powers Defamation begets an evil Opinion of the Prince and concludes in disaffection to him and that naturally tends unto and ends in Contempts Abhorrences and Oppositions 2. It hath ever been the Practice of seditious and rebellious minded Men to bestir themselves to ingenerate in the Minds of Subjects Jealousies and Fears concerning the Councels Designs and Administrations of their Princes and to magnify